Dr. Mary Kelly:

We find when we are looking at wind energy that most of the local authorities have very good wind energy strategies of which we take account. We find them very helpful in delineating the parts of the county where wind turbines are acceptable and where they are absolutely unacceptable. Many counties have a large part designated as "may be acceptable", which involves considerable interpretation. However, the board uses them all the time when considering wind energy. Part of an inspector's report will always outline the local authority's strategy and how proposal fits within it.

There have been ministerial guidelines on wind energy - I believe since 2007 - and we have to take them into account. As I said in my presentation, the board needs to balance all these things out. I am not aware of the board having decided anything about distances of 1 km in the Donegal case the Senator mentioned. When appeals come to us, as a quasi-judicial body we need to consider both sides. We need to look at the developer's proposal and the appeal made by any third party. Each case is different. Very often with wind energy projects, many residents who feel that noise, shadow flicker and various disamenities that come with being close to a wind turbine would be extremely onerous on them. We need to balance that against the submission of somebody who wants to develop a wind farm.

Regarding overturning planning authorities' decisions in this area, our decision making is the same as with any other appeal. We need to give a very good reason for overturning them. I cannot give a general answer because each case is specific - I am not trying to avoid answering the question. The issue can relate to a visual amenity, a residential amenity or proximity to an SAC. There is always a specific reason for rejecting any development and wind farms are no different from any other development in that regard.