Dáil Éireann Debate, Wednesday - 23 September 2020
102. Deputy Neasa Hourigan asked the Minister for Housing, Local Government and Heritage the reason for the delay in carrying out an environmental impact assessment at the Derrybrien wind farm as required under a 2008 Court of Justice of the European Union ruling in case C-215/06; and if he will make a statement on the matter. [25820/20]
View answerOn 12 November 2019, the Court of Justice of the European Union issued its judgment in case C-261/18, which followed on from the judgment in case C-215/06. These judgments will be complied with when the Derrybrien Wind Farm, which is owned and operated by a subsidiary of the Electricity Supply Board (ESB), is subjected to a retrospective Environmental Impact Assessment - otherwise known as substitute consent.
On 9 June 2020, Galway County Council issued a notice to the subsidiary of ESB, under Section 177B of the Planning and Development Act 2000, as amended, directing their submission of a substitute consent application to An Bord Pleanála. The subsidiary of ESB prepared a substitute consent application and submitted it to An Board Pleanála on 21 August 2020.
ESB's parent Department (the Department of Communications, Climate Action and Environment) has drawn my officials' attention to two issues that impacted the submission date of their application, namely: the Covid-19 pandemic which restricted their project team’s work, and; an issue with turbary rights-holders on the site, which also needed to be addressed before the substitute consent application was submitted.
My Department is working closely with the Department of Communications, Climate Action and Environment, which is a shareholder of ESB and has corporate governance responsibility for same, and the Department of Public Expenditure and Reform with respect to the resolution of the judgment and payment of the daily fines.
