My predecessor as Minister, in conjunction with my colleague, the Minister for Communications, Climate Action and Environment, announced an emerging, "preferred draft approach", to the review of the 2006 Wind Energy Development Guidelines in June 2017.
A copy of the announcement is available on my Department’s website at the following link: http://www.housing.gov.ie/planning/guidelines/wind-energy/coveney-and-naughten-announce-key-development-review-wind-energy-development-guidelines.
As part of the overall review, a strategic environmental assessment, SEA, will be undertaken on the, "proposed draft approach", to the revised Guidelines before they come into effect. This is in accordance with the requirements of EU Directive 2001/24/EC on the assessment of the effects of certain plans and programmes on the environment, the SEA Directive. SEA is a process by which environmental considerations are required to be fully integrated into the preparation of plans and programmes which act as frameworks for development consent, prior to their final adoption, with public consultation as part of that process.
It is envisaged that the SEA process will take approximately nine months and tendering to engage consultants to carry out that process is currently underway. In light of the SEA requirements, it is expected that the Guidelines will not be finalised and come into effect until 2018. In the meantime, the current Guidelines remain in force.
When finalised, the revised Guidelines will be issued under Section 28 of the Planning and Development Act 2000, as amended. Planning authorities, and, where applicable, An Bord Pleanála must have regard to guidelines issued under Section 28 in the performance of their functions generally under the Planning Acts.
In relation to solar farms, there are no specific planning guidelines in place. Proposals for individual solar farm developments are subject to the statutory requirements of the Planning and Development Act 2000, as amended, in the same manner as other proposed developments. Planning applications are made to the relevant local planning authority, with a right of appeal to An Bord Pleanála.
Under the Planning and Development Act, each planning authority's development plan must set out an overall strategy for the proper planning and sustainable development of the area concerned. Section 10 of the Act requires a development plan to include, inter alia, objectives for the provision or facilitation of the provision of infrastructure, including energy facilities, and many local authorities have developed renewable energy strategies for their areas in this context.
In making decisions on planning applications, planning authorities and the Board must consider the proper planning and sustainable development of the area, having regard to the provisions of the local development plan, any submissions or observations received and relevant Ministerial or Government policies, including any relevant guidelines issued by my Department. Planning authorities must then make their own decisions based on the specific merits or otherwise of individual planning applications.
I am satisfied that the planning code is sufficiently robust to facilitate the assessment of individual planning permission applications for solar farm developments. However, the matter will be kept under review, in consultation with my colleague, the Minister for Communications, Climate Action and the Environment, and his Department - which leads on renewable energy policy - in the context of the Government's White Paper on Energy Policy, published in December 2015, the development of a Renewable Electricity Policy and Development Framework, as well as the finalisation of a new support scheme for renewable electricity by that Department, expected in 2018.
