There are no specific criteria for anaerobic and biogas systems facilities under the planning code and it is a matter for planning authorities or An Bord Pleanala, as appropriate, to assess applications for such projects in line with the Planning and Development Act 2000, as amended (the Act), and the Planning and Development Regulations 2001, as amended.
I am aware that the Irish Bioenergy Association has published a guidance document entitled "Planning Guidance Recommendations for Bioenergy Projects in Ireland" on the steps to be followed and the factors to be taken into account in the progression of bioenergy projects, including anaerobic and biogas systems facilities, under the planning code. This guidance document is available to view online on the website of the Sustainable Energy Authority of Ireland at the following link - https://www.seai.ie/publications/IrBEA-Bioenergy-Planning-Report-RDD-00112-2017.pdf.
Section 247 of the Act provides that a person who intends to make a planning application to a planning authority in respect of a proposed development may, with the agreement of the planning authority concerned (which shall not be unreasonably withheld), enter into consultations with the planning authority in order to discuss any proposed development and the planning authority may give advice to that person regarding the proposed development. When a planning application is subsequently made to a planning authority under Section 34(8) of the Act, the planning authority must make a decision within eight weeks of receiving a valid application where no further information is requested from the applicant. A decision of a planning authority on a planning application may be appealed to An Bord Pleanala within 4 weeks of the decision. Under section 126 of the Act, the Board has a statutory objective period of 18 weeks to make a decision on any appeal.
Where a proposed development is of sufficient scale requiring surface storage capacity in excess of 200 tonnes of combustible gases, it is classified as a Strategic Infrastructure Development (SID) under the Seventh Schedule to the Act. Given their potential strategic importance, all such proposed developments are dealt with by An Bord Pleanala involving mandatory pre-application consultations with, and the subsequent submission of a planning application to, the Board for determination. Under Section 37J of the Act, the Board has a statutory objective period of 18 weeks, beginning on the last day for making submissions or observations by the public or prescribed bodies, to make decisions on SID applications. Where the Board does not consider it possible or appropriate to reach a decision within 18 weeks (e.g. because of the particular complexities of a case or the requirement to hold an oral hearing), it will inform the parties of the reasons for this, and will indicate when it intends to make its decision.
I have no plans to amend the existing statutory provisions in this regard.
