Dáil Éireann Debate, Wednesday - 12 March 2014
8. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government his plans to revise the planning regulations covering wind turbines; and if he will make a statement on the matter. [11709/14]
Amharc ar fhreagraSince the last wind turbine regulations were introduced they are no longer being constructed in isolated parts of the country. The turbines have become far bigger. Since then local authorities have made provisions for them, within county development plans and there are several applications in the planning process. Will the Minister clarify the impact this will have on the landscape where the development sites are closer to communities and on the existing proposals of local authorities and planning applications?
I have undertaken a public consultation, which began on 11 December 2013, on proposed draft revisions to the existing 2006 wind energy development guidelines focussing specifically on the issues of noise, setback and shadow flicker.
The draft revisions propose setting a more stringent absolute noise limit, day and night, of 40 decibels, dB, for future wind energy developments. This limit is an outdoor limit - in general, the reduction of noise levels between the outside of a dwelling and inside would be approximately 10 dB. They also propose a mandatory setback of 500 m between a wind turbine and the nearest dwelling for amenity considerations and that a condition be attached to all future planning permissions for wind farms to ensure that there will be no shadow flicker at any dwelling within ten rotor diameters of a wind turbine. If shadow flicker occurs, the wind energy developer or operator will be required to take necessary measures, such as turbine shut down for the period necessary, to eliminate the shadow flicker.
My Department received submissions on the proposed revisions to the guidelines from over 7,000 individuals and organisations by the 21 February 2014 deadline. These submissions will be taken into account in finalising the revised guidelines. I would expect to issue the final revised guidelines by the end of June 2014 under section 28 of the Planning and Development Act 2000, which will require both planning authorities and An Bord Pleanála to have regard to them in the assessment of planning applications.
I thank the Minister of State for her response. Perhaps she could clarify the impact these regulations will have on applications currently within the planning process, either with the local authority or An Bord Pleanála, or at judicial review stage.
The Minister of State may be able to clarify what seems to be a contradiction in the draft regulations where the minimum distance from a turbine to a residence of 500 m is fixed but in the case of shadow flicker, it is ten blade lengths, which will vary depending on the height and size of the turbine. Why has she opted for a fixed figure in the case of the 500 m distance but a variable figure in the case of shadow flicker?
Finally, would the Minister of State clarify whether she will include the provisions in Senator John Kelly's Bill in the final regulations?
There are wind guidelines currently and these are quite detailed. They will apply until the new guidelines are adopted. That is the answer to the first question.
On the second question with regard to minimum distance, the 500 m minimum distance is not mandatory, and we propose to make it mandatory in the revised guidelines. Effectively, we propose to eliminate shadow flicker in the new guidelines, but that will not come into effect until the new guidelines are established.
On the third question with regard to the Bill, other Deputies and Senators have produced various suggestions as well as proposed legislation. We will consider whatever comes in to us. I have looked at some of the submissions and yesterday met the officials who are dealing with them and sorting them out into the different issues that arise.
There are a large number of submissions. It is an issue of considerable public interest. We will consider them carefully. I myself will consider whatever has come in and ensure that I am fair to all of the representations that are made.
Why has the issue of adequate compensation not been considered? For example, the compensation paid to landowners is approximately €20,000 whereas in the United Kingdom it is up to £50,000. In the United States, there is a good neighbour agreement which deals with individuals whose property is not directly impacted but is within 500 m of the turbine because there are impacts in planning and sterilisation of lands and depreciation of those lands. Why has that not been included in statutory regulations?
I suppose the issue of community gain is one that is being considered across Government as something that should be part of the discussions in all of this, but Deputy Rabbitte's Department would have some of the responsibility in this area as well.
With regard to compensation, that would not come into the area of responsibility under our Department in so far as it is the planning element of it for which we are responsible. However, that is an issue that is under general discussion as well, but not one on which I, with my responsibilities, can make determinations.
It is the gaping hole in it that such is not being considered.
It is a matter for the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte, and, I presume, for the agencies under his Department, rather than for ours.
There is 30 seconds left, if Deputy Naughten gives way to Deputy Stanley.
I give way.
The problem is that, while Deputy Naughten referred to regulations, they are actually guidelines. The Minister of State stated that An Bord Pleanála must have regard to them. The problem is that is all they must have.
The other problem that arises with this in Laois, Offaly and the other counties is the issue of the county development plans.
I thank Deputy Stanley.
These plans are being brushed to one side because they only must have regard to them.
I thank the Deputy, please.
I ask the Minister of State to address that in the new guidelines and regulations.
Deputy Stanley made the point.
As I stated, for example, we will be strengthening the distance.
That is acceptable.
When something is a statutory guideline, they must have regard to it.
One only must have regard to it.
