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Planning Issues

Dáil Éireann Debate, Tuesday - 15 June 2021

Tuesday, 15 June 2021

Questions (608, 612, 629)

Réada Cronin

Question:

608. Deputy Réada Cronin asked the Minister for Housing, Local Government and Heritage if information will be provided on the review by his Department of siting and size conditions for rooftop solar panels on homes and the review of exemptions for educational and community buildings as part of the current development of interim planning regulations; if information will be provided on the stated need to consider environmental assessment reporting before finalisation; when the interim planning regulations will be submitted to the Houses of the Oireachtas; and if he will make a statement on the matter. [31276/21]

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Catherine Murphy

Question:

612. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage the status of a review of siting and size conditions for rooftop solar panels on homes and a review of exemptions for educational and community buildings as part of the current development of interim planning regulations; if he will provide information on the stated need to consider environmental assessment reporting before finalisation; and when the interim planning regulations will be submitted to the Houses of the Oireachtas. [31377/21]

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James Lawless

Question:

629. Deputy James Lawless asked the Minister for Housing, Local Government and Heritage if he will provide information on his Department's review of siting and size conditions for rooftop solar panels on homes and the review of exemptions for educational and community buildings as part of the current development of interim planning regulations; if he will provide information on the stated need to consider environmental assessment reporting before finalisation; when the interim planning regulations will be submitted to the Houses of the Oireachtas; and if he will make a statement on the matter. [31753/21]

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Written answers

I propose to take Questions Nos. 608, 612 and 629 together.

Under the Planning and Development Act, 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission. Any such exemptions are subject to compliance with any general restrictions on exemptions set out in the Act or the Regulations and to the specific conditions set out in each class of exempted development in Schedule 2 of the Regulations. Included in the planning exemptions set out in the Regulations are those applying to the installation of solar infrastructure on a variety of building types, including houses, businesses, industrial and agricultural to which specific conditions are attached.

As part of the Climate Action Plan 2019, my Department is currently undertaking a review of the solar panel exemptions, and is actively engaging with the Department of Environment, Climate and Communications as well as other key stakeholders, with a view to finalising a proposal for draft amending Regulations to reflect, inter alia, technical developments in the sector. One of the key considerations of the review is to ensure that solar panels can be erected on prescribed development - subject to certain siting and size conditions - without the need to obtain planning permission, to facilitate the generation of renewable energy for self-consumption. Also included in this review are solar panel exemptions for educational and community buildings.

The main outstanding issue that remains to be addressed in the current review is the potential for "glint and glare" impacts for aircraft and the need to ensure that they do not result in any real or potential threat to aviation safety. Accordingly, my Department has been engaging with the Department of Environment, Climate and Communications as well as the Irish Aviation Authority, in order to find a safe and workable solution in relation to this particular aspect of the review. The Department has begun the tendering process for this project, which will involve the development of aviation safeguarding maps for each airport/aerodrome in the country, and has received feedback from potential tenderers estimating a timeline of up to 9 months for its completion.

In recognition of the length of time that it is expected to take to complete the aviation safeguarding maps, my Department has decided to adopt an interim measure which would allow revised regulations to be introduced prior to the completion of these maps, but with defined exclusion zones around airports and aerodromes for solar installations. My Department has consulted with the Irish Aviation Authority on this matter, and has developed draft interim regulations in this regard.

These draft regulations have now been reviewed under the Strategic Environmental Assessment (SEA) Directive 2001/42/EC, and it has been determined that they are likely to have significant effects on the environment, necessitating the undertaking of a full SEA on the draft proposals, which will include public consultation as part of the process. This process is expected to take between four and five months to complete.

Following the public consultation and consideration of any submissions received, and as required under planning legislation, the proposed exempted development regulations must be laid in draft form before the Houses of the Oireachtas and receive a positive resolution from both Houses before they can be made and the SEA process concluded.

The process for finalising the interim solar panel planning exemptions as referred to above, with exclusion zones around airports and aerodromes, is now expected to be completed in Q4 2021. These interim regulations will allow for the vast majority of the country to be covered by the solar panel exemptions apart from those areas in close proximity to airports and aerodromes.

Work on the development of the aviation safeguarding maps for airports and aerodromes is expected to be completed by Q4 2021. The final supplementary set of regulations will be prepared thereafter and, subject to environmental reporting considerations, will subsequently be laid in draft form before the Houses of the Oireachtas for approval in a timely manner.

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