Many wind farm projects will not qualify for AER VI because of unwarranted delays in the planning process caused by Dúchas. The forthcoming AER VI competition commences on 15 April and terminates on 24 April. Dúchas, the heritage service, is responsible for designating suitable areas of the country as special protection areas, SPAs, for the protection of the hen harrier under Article 4(1) of the birds directive. Broadly speaking we accept the principle of designation pertaining to areas of national importance. However, serious issues arise with the methodology used by Dúchas in relation to the lack of a clearly defined policy for designating SPAs.
I have particular concern about a number of sites identified and designated as suitable for wind farm developments under many county development plans. In these areas developers and landowners have invested significant time and resources in undertaking environmental assessments as part of the planning process and having followed all procedures, they find themselves in the unlikely position of having had planning unduly delayed due to recent developments regarding the hen harrier and the proposed designation of these areas as SPAs.
Wind farm developers and landowners in these areas are at odds to understand how areas designated as suitable for wind farm developments had not come to the attention of Dúchas prior to ratification of the county development plan. Similarly, the habitats directive does not specify a particular area of land to comply with the provisions of the directive. Nevertheless, Dúchas has adopted a blanket designation approach to areas under consideration for SPA designation. This position is completely untenable where a State organisation is introducing such a designation in the absence of proper research being conducted on the effect of such developments on the hen harrier. In the midst of this confusion planners have consequently delayed granting planning permission for these developments.
The lack of any policy on the part of Dúchas has resulted in unreasonable delays in arriving at decisions in planning for such strategic developments. I therefore strongly advise the Minister to consider the following recommendations. There should be an extension of the AER VI entry period for developers who have suffered unreasonable delays as a result of this lack of policy and direction, either at county council level or during the appeal process to an Bord Pleanála. There should be site-specific compensation for losses, which will be incurred for projects not qualifying for AER VI directly resulting from this lack of policy by Dúchas in areas zoned as having potential for wind farm developments.
The Minister for the Environment and Local Government, Deputy Cullen, clearly acknow ledged in the Dáil Chamber on 1 April that mistakes have been made when he said:
I am glad the Deputy has raised this issue and I agree with much of what he said. I fully support wind farms as a source of renewable energy, which affords us great hope for the future. I have been straightforward in my response to the House on this matter. I do not see an incompatibility between special areas of conservation and. the use of wind energy. There is not an incompatibility between them.
Importantly he continued by saying:
That applies to the issue that has arisen lately with regard to the hen harrier in the south west. As Minister responsible, I regret that the communications systems that were in place were not adequate to make clear the fact we have only entered into a consultation process. Incorrect presumptions were made as to the impact of these. I am confident that we will have compatibility between wind energy, afforestation and areas of preservation.
Developers and landowners, who have made every effort to comply with all planning and legislative requirements to build wind farms within these identified strategic zones, seek only fair treatment in the process resulting from delays, which are outside their control. I urgently seek a resolution to this and strongly recommend that the Minister deal with this matter immediately given the time constraints on AER VI.