Dáil Éireann Debate, Tuesday - 25 April 2023
311. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage if he plans to ensure that lithium ion battery energy storage systems are subject to the environmental impact assessments in the Planning and Development Act 2000. [18993/23]
View answerThe Environmental Impact Assessment (EIA) Directive specifies projects which, by virtue of their nature, size or location, are likely to have significant effects on the environment and should be subject to EIA. The Directive requires projects listed in Annex I of the Directive to be subject to mandatory EIA and provides that Member States may determine whether projects listed in Annex II of the Directive shall be subject to EIA.
Projects requiring an EIA by a planning authority or An Bord Pleanála (the Board), as appropriate, in respect of an application for planning consent are listed in Part 1 and Part 2 of Schedule 5 of the Planning and Developments Regulations 2001 - 2023 (the Regulations), which transpose the list of projects in Annex I and II of the EIA Directive into the planning code.
Lithium ion battery storage is not listed as an EIA project in either Annex I or II of the EIA Directive.
However, this does not mean that lithium ion battery storage projects do not require EIA. Circumstances may arise in which such a project may be subject to a requirement for EIA if, for example, one or more aspects of the project potentially comes within the scope of any of the project classes that are listed in Annex I or Annex II of the Directive and consequently, Part 1 and Part 2 of Schedule 5 to the Regulations, also noting the criteria for sub-threshold development as set out in Schedule 7 of the Regulations.
It would be a matter for a Planning Authority or An Bord Pleanála to assess a planning application for a lithium ion battery storage development in accordance with the requirements of the EIA Directive and transposing legislation, and determine if an EIA is required or not.
In accordance with Section 30 of the Planning and Development Act 2000, as amended, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.
