Dáil Éireann Debate, Wednesday - 7 October 2020
95. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage the measures he plans to implement to speed up the planning delays affecting the development of onshore and offshore renewable energy; and if a clear schedule for specific changes to regulations concerning solar, wind and offshore development will be provided. [29184/20]
Amharc ar fhreagraWith regard to onshore renewable energy, my Department is currently undertaking a focused review of the 2006 Wind Energy Development Guidelines in line with the “preferred draft approach” which was announced in June 2017 by the then Minister for Housing, Planning and Local Government, in conjunction with the then Minister for Communications, Climate Action and Environment. The review is addressing a number of key aspects including sound or noise, visual amenity setback distances, shadow flicker, community obligation, community dividend and grid connections.
As part of the overall review process, a strategic environmental assessment (SEA) is being undertaken on the revised Guidelines before they come into effect, in accordance with the requirements of European Union Directive 2001/24/EC on the assessment of the effects of certain plans and programmes on the environment, otherwise known as 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.
As part of the SEA process, the previous Minister launched a ten-week public consultation on the draft revised Wind Energy Development Guidelines on 12 December 2019. The documents prepared for consultation are available on my Department's website at the following link: https://www.housing.gov.ie/guidelines/wind-energy/public-consultation-revised-wind-energy-development-guidelines.
The consultation closed on 19 February 2020. Almost 500 submissions were received as part of the public consultation, many of which are extremely detailed and technical in nature. My Department, in conjunction with the Department of the Environment, Climate and Communications (DECC) is currently analysing the submissions received.
Finalised Guidelines will be prepared following detailed analysis and consideration of the submissions received during the consultation phase, and the conclusion of the SEA process. The Department, in consultation with DECC, is endeavouring to finalise and publish the revised Guidelines by end Q4 2020, as per the Climate Action Plan and the new Programme for Government.
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 the meantime, the current 2006 Wind Energy Development Guidelines remain in force.
As part of the Climate Action Plan 2019, my Department is also currently undertaking a review of the solar panel exemptions, and is actively engaging with the Department of Communications, Climate Action and Environment as well as other key stakeholders. This review is now largely complete. One of the key considerations of the review is to ensure that solar panels can be erected - subject to certain siting and size conditions - without the need to obtain planning permission, to facilitate the generation of energy for self-consumption. Included in this review is the potential for extending the solar panel exemptions to educational and community buildings.
The main outstanding issue that remains to be addressed in the current review is the potential for "glint and glare" impacts for aircraft and the need to ensure that they do not result in any real or potential threat to aviation safety. Accordingly, my Department is presently engaging with the DECC as well as the Irish Aviation Authority, in order to find a safe and workable solution in relation to this particular aspect of the review. It is intended that work on this outstanding issue will be completed in the coming months.
As required under planning legislation, any such proposed exempted development regulations must be laid in draft form before the Houses of the Oireachtas and receive a positive resolution from both Houses before they can be made.
With regard to offshore renewable energy projects, the Marine Planning and Development Management (MPDM) Bill is a hugely significant measure which is currently in train and is aimed at providing the legislative basis for Ireland's new marine planning regime. This is a transformational piece of legislation in terms of the maritime sector which deals with a number of complex and cross-departmental issues and the finalised General Scheme of the Bill was published in January this year.
The Programme for Government (PfG) commits the Government to prioritising the passage of a balanced and Aarhus compliant Marine Planning and Development Management Bill through the Oireachtas. Specifically, the PfG accords cross-Government priority to the drafting of the Bill, with the aim of enactment within nine months.Further policy work is continuing on the development of certain aspects of the proposed regime and intensive engagements in that regard are ongoing with the DECC, who are leading the development of the provisions in the Bill specific to Offshore Renewable Energy (ORE).
In addition to the policy development work, my Department is continuing to engage with the Office of the Parliamentary Counsel, other Departments and agencies on the drafting of the legal text.
In relation to the management of marine developments, including ORE, my Department is developing the National Marine Planning Framework (NMPF) - Ireland’s first national marine spatial plan. The NMPF is the product of extensive and constructive work across Government, with the Department of the Environment, Climate & Communications contributing substantially, alongside a wide range of stakeholders. The NMPF sets out objectives and policies that will direct activities in Ireland’s maritime area over the next 20 years and provides increased certainty to all involved with marine development.
The Framework will articulate important elements of the Programme for Government pertaining to renewable energy including a commitment to achieving 5GW capacity in offshore wind by 2030 off Ireland’s Eastern and Southern coasts. The NMPF will be a consideration for all decision making related to Ireland’s maritime area. Recognising that a plan-led approach represents a substantial change in marine management in Ireland, my Department is, alongside the NMPF, developing a public-facing digital tool that will support plan implementation including a digital map that will increase transparency of the various activities in Ireland’s waters.
Following publication of the final NMPF in 2021, my Department will then work with others in Government as well as relevant stakeholders to produce statutory marine planning guidelines and it is intended that the first two sets of guidelines will focus on ORE and Development Management.
The legislative basis of the NMPF was set out in Part 5 of the Planning and Development (Amendment) Act 2018. Those provisions will be restated in the MPDM legislation, augmented by additional provisions to maximise clarity and coherence.
