Michael Colreavy
Question:600. Deputy Michael Colreavy asked the Minister for the Environment, Community and Local Government the planning regulations regarding wind farms; and if he will make a statement on the matter. [5941/13]
View answerTuesday, 5 February 2013
Questions (600)
Written answers
The Wind Energy Development Guidelines, June 2006, provide advice to planning authorities on addressing 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 wind energy 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 at the development management stage. 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 notice is erected, 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 their 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.
Applications for wind energy development over 25 turbines and greater than 50 MW may be made to An Bord Pleanála under Section 37A (inserted by Strategic Infrastructure Act) of the 2000 Planning and Development Act, as amended.
In order to ensure that Ireland continues to meet its renewable energy targets and, at the same time, that wind energy does not have negative impacts on local communities, my Department – in conjunction with the Department of Communications, Energy and Natural Resources and other stakeholders – is now undertaking a targeted review of certain aspects of the Wind Energy Guidelines 2006.
This focused review will examine the manner in which the guidelines address key issues of community concern such as noise proximity, visual amenity and any other potential impacts as considered appropriate together, and will explore ways of building community support for wind energy development.