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Planning Issues

Dáil Éireann Debate, Wednesday - 16 January 2013

Wednesday, 16 January 2013

Questions (716)

Derek Nolan

Question:

716. Deputy Derek Nolan asked the Minister for the Environment, Community and Local Government if he will outline the steps taken to grant planning permission for a wind farm development (details supplied) in County Galway; if the general public were given an opportunity to engage in consultation on the issue; the kind of environmental impact audits that were undertaken; if there is a procedure in place to allow the public to make comments in relation to the development; and if he will make a statement on the matter. [1896/13]

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Written answers

The processing of individual planning applications is a matter for individual planning authorities and An Bord Pleanála in the case of developments that fall to be dealt with under the strategic consent process. I have no function in relation to the specific matter in question.

However, in relation to wind energy development generally, the Wind Energy Development Guidelines, which were published by my Department on 29 June 2006, provide advice to planning authorities on catering for wind energy through the development plan process. The guidelines are also intended to ensure a consistency of approach throughout the country in the identification of suitable locations for wind energy development and the treatment of planning applications for such developments. This mapping of suitable locations is carried out through the development plan process which makes extensive statutory provision for public consultation. Planning legislation provides for extensive public notification of proposed development. For example, article 17 of the Planning and Development Regulations 2001 – 2010 requires an applicant to erect a site notice in order to lodge a valid application for planning permission. Article 19 of the Regulations requires that this notice must be placed in a conspicuous position on or near the main entrance from a public road to the land or structure concerned, so as to be easily visible and legible by persons using the public road. Alternatively, if the land or structure does not adjoin a public road, the site notice should be placed so as to be easily visible and legible by persons outside the land or structure. The site notice must contain the date on which the site notice is erected and state that the planning application may be inspected or purchased at the offices of the planning authority and that a submission or observation in relation to the application may be made to the authority in writing, on payment of the prescribed fee, within the five weeks beginning on the date of receipt by the planning authority of the application. The applicant must erect the site notice no sooner than two weeks before making the application for permission in order to facilitate third party inspection of the application. Where it appears to a planning authority that any notice does not comply with these requirements they may require the applicant to give further notice and evidence in relation to compliance with such a requirement.

Article 18 of the Planning and Development Regulations 2006 also provides that a notice be published in a newspaper approved for this purpose. Each planning authority must decide which newspapers should be included on its approved list of newspapers in order to ensure that the newspapers used for the purpose of such notices have a sufficiently large circulation in its functional area.

In addition the planning authority must, under section 34(3) of the Planning and Development Act 2000, have regard to any observations or submissions received concerning the proposed development in accordance with the relevant regulations.

Furthermore, any person who makes a submission to the planning authority may appeal the decision of the planning authority to An Bord Pleanála. The board in some instances, at its own discretion, holds oral hearings in relation to cases being considered by it, further adding to the opportunities to participate in the decision-making process.

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