Dáil Éireann Debate, Tuesday - 28 November 2017
711. Deputy Thomas Pringle asked the Minister for Housing, Planning and Local Government the action he has taken and the outcome in each individual case (details supplied) in which planning authorities altered wind-energy policies contrary to the advice contained in circular letter PL20/2013; and if he will make a statement on the matter. [50246/17]
View answerThe Planning and Development Act 2000 (as amended) provides the legislative basis for the formulation of statutory local authority plans, and is supplemented by guidelines issued by my Department under section 28 of the Act, which are available on my Department's website at the following web link: www.housing.gov.ie/sites/default/files/migrated-files/en/Publications/DevelopmentandHousing/Planning/FileDownLoad%2C14468%2Cen.pdf.
In addition, from time to time, my Department issues circulars, which are generally advisory in nature and are used as a means for providing information to planning authorities in relation to various legislative provisions and requirements, to outline and clarify Government or Departmental policy, and to provide practical advice on the implementation of the planning code and general planning matters.
Circular letter PL20/2013 advised planning authorities not to amend their development plan policies with respect to wind energy developments until such time as the Government's focused review of the 2006 statutory Planning Guidelines on Wind Energy Development was completed.
Most of the local authorities referred to have had to review their development plans in line with statutory timelines. They have generally retained pre-existing wind energy policies derived from the 2006 Guidelines; however, where the drafts of such plans departed from the 2006 Guidelines, my Department issued statutory observations on such departures, which planning authorities responded to and addressed in the context of the legal and policy framework pertaining at that time.
Notwithstanding these interactions, in certain circumstances as the details below show, where the reviews of such plans resulted in a substantive breach of national policy objectives and statutory requirements, relevant Ministerial/Departmental functions in the statutory plan-making process have been exercised up to the point of issuing directions to planning authorities to amend development plans, under procedures set out in Section 31 of the Planning and Development Act 2000 (as amended).
Section 31 Directions were issued in respect of the following four County Development Plans:
- Roscommon: On 14 April 2014, Roscommon County Council was directed to amend its renewable energy strategy for wind energy, as it was not in compliance with the 2006 guidelines.
- Donegal: On 3 October 2014, Donegal County Council was issued with a direction in relation to the County Development Plan wind energy objectives, which were not consistent with the 2006 guidelines; this direction was quashed following Judicial Review.
- Wicklow: On 14 February 2017, Wicklow County Council was directed to amend Objective CCE6 in its County Development Plan, as it was not consistent with the 2006 wind energy guidelines.
- Laois: On 28 September 2017, Laois County Council was directed to amend its County Development Plan because its wind energy potential mapping was not consistent with the 2006 Guidelines and had failed to comply with EU Directive SEA requirements.
