Dáil Éireann Debate, Tuesday - 15 June 2021
607. Deputy Claire Kerrane asked the Minister for Housing, Local Government and Heritage when a resolution of the 2008 Court of Justice of the European Union ruling in a case (details supplied) is expected; the reason there has not been a public consultation held on the substitute consent application; and if he will make a statement on the matter. [31261/21]
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 relating to the Derrybrien Wind Farm in County Galway.
The 2019 judgment ruled against Ireland and imposed a lump sum fine of €5m and a daily fine of €15,000 until compliance is achieved, plus legal costs. The court judgment will be complied with when the Derrybrien Wind Farm, which is owned and operated by a subsidiary of ESB, is subjected to a retrospective Environmental Impact Assessment (EIA) - otherwise known as substitute consent.
Therefore, it would be a matter for An Bord Pleanála (the Board), in terms of issuing a decision on the substitute consent application, as well as for ESB, in terms of carrying out any associated works which might be required to comply with the Board’s decision.
Further to the above, I am specifically precluded by section 30 of the Planning and Development Act 2000, as amended, from exercising any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned.
Of note, the Board has confirmed that ESB submitted a substitute consent application to the Board with respect to the Derrybrien Wind Farm on 21 August 2020.
The Board has also confirmed that a public consultation on the substitute consent application was held during September 2020 and that six submissions were received. However the substitute consent process remains ongoing. In this regard the Board is not in a position to give an indication of when the case will be determined.
