Dáil Éireann Debate, Wednesday - 3 May 2023
204. Deputy Kathleen Funchion asked the Minister for Housing, Local Government and Heritage the procedure when a wind farm development goes through An Bord Pleanála for approval and not a local authority; the procedure around local residents receiving notification of planning; the timeframe for lodging an objection; and if he will make a statement on the matter. [20252/23]
View answerPlanning applications in respect of wind farms which fall under the criteria of Strategic Infrastructure Developments as set out in the Seventh Schedule of the Planning and Development Act 2000, as amended (the Act) - i.e. "installations for the harnessing of wind power for energy production with more than 25 turbines or having a total power output greater than 50 megawatts" - are required under section 37E of the Act to be submitted directly to An Bord Pleanála for determination and not to a local planning authority.
Prior to making an application, the prospective applicant must firstly enter into pre-application discussions with the Board regarding the proposed development in accordance with section 37B of the Act. Under section 37B(3) of the Act, during pre-application discussions the Board may give advice to the prospective applicant regarding the proposed application and, in particular, regarding:
• whether the proposed development would, if carried out, fall under the Seventh Schedule of the Act,
• the procedures involved in making a planning application and in considering such an application, and
• what considerations, related to proper planning and sustainable development or the environment, may, in the opinion of the Board, have a bearing on its decision in relation to an application.
Under article 210(4) of the Planning and Development Regulations 2001, as amended (the Regulations), during the course of pre-application discussions with the Board regarding a proposed the development, the Board may require the prospective applicant to give notice to the public or to carry out consultations with the public in advance of an application being submitted, including:
• the erection or fixing of notice or notices on the site,
• the specific place or a specific website where the application, the EIAR (environmental impact assessment report) and any other relevant documentation shall be made available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy,
• the use of local or national media, or
• the holding of meetings, with any person or body or for the public.
Following pre-application discussions, where the Board confirms that the proposed development falls within the Seventh Schedule of the Act and satisfies the conditions under section 37B(3) of the Act, it shall serve a notice in writing on the prospective applicant stating that it is of that opinion. Under section 37E(6) of the Act, the Board shall also serve a copy of a notice under subsection (4)(a), on the appropriate planning authority.
On completion of the pre-application discussions, the Board’s determination on the status of the proposed development will also be recorded on the Board’s statutory weekly list of cases decided and will be posted on the Boards website (www.pleanala.ie).
Under section 37E(3)(a) of the Act, before a prospective applicant applies for permission to the Board, he or she shall publish in one or more newspapers circulating in the area or areas in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development.
The notice under section 37E(3)(a) of the Act is required to specify the times and places at which, and the period (not being less than six weeks), during which. a copy of the application and the EIAR may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy). Members of the public are invited to make submissions or observations during such period (which must not be less than six weeks) to the Board.
It should also be noted that under Section 134 of the Act, the Board may in its absolute discretion, hold an oral hearing of an application under section 37E of the Act.
In accordance with section 37J of the Act, it shall be the objective of the Board to ensure that a decision under section 37G of the Act on an application made under section 37E of the Act is made within a period of 18 weeks beginning on the last day for making submissions or observations in accordance with the notice referred to in section 37E(3)(a) of the Act.
Following its decision, in accordance with section 37H of the Act, the Board shall send a copy of a decision under section 37G of the Act to the applicant, to the planning authority in whose area the development would be situated and to any person who made submissions or observations on the application for permission. In addition, the Board shall cause to be published as soon as may be in one or more newspapers circulated in the area a notice informing the public of it's decision under section 37G of the Act.
