Wind Energy Generation

Dáil Éireann Debate, Thursday - 5 March 2015

Thursday, 5 March 2015

Questions (261)

Anne Ferris

Question:

261. Deputy Anne Ferris asked the Minister for the Environment, Community and Local Government the extent to which the recent High Court judgment, Ó Grianna v. An Bord Pleanála, has been considered with regard to the validity of the foreshore approval and environmental impact assessment process already conducted for the permitted offshore wind park known as Codling 1, in view of the absence of any detailed environmental assessment of the grid connection for that project; if his Department has sought legal and environmental advice on the effects of this High Court judgment, particularly with regard to the planning law impact of project splitting to the current foreshore lease, and any future foreshore lease, for the Codling Bank project; if there is an existing administrative process for managing the withdrawal of legally invalid foreshore leases; his views on the matter in view of the absence of an alternative planning process for Codling 1; and if he will make a statement on the matter. [9821/15]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

The lease application for the development of a wind farm on the Codling Bank, off the Wicklow coast, was considered and granted in accordance with the regulatory and legislative framework applicable at the time. The decision taken in 2005 by the then Minister for Communications, Marine and Natural Resources to grant a foreshore lease for the Codling wind farm was open to review by the High Court at that time by way of judicial review.

It should be noted that the Foreshore Act 1933 has been revised on a number of occasions, including to take account of the requirements of the EU Environmental Impact Assessment Directive.

In accordance with section 2 of the Foreshore Act 1933, foreshore lease agreements provide for termination of the lease upon the occurrence of a range of termination events, which relate to the breach or non-observance by the lessee of the lease conditions.