Ms Helen Gelletlie:

I thank the Chair. I wish to give a short introduction on the Costal Concern Alliance. Coastal Concern Alliance is a voluntary citizens' group set up in 2006 to campaign for reform of the Foreshore Act 1933 and the introduction of a system of maritime and coastal planning to ensure that development in the coastal zone is in the public interest.

We welcome the recognition that the Foreshore Act 1933 must be reformed urgently and we recognise the considerable work which has gone into the preparation of the general scheme for a new Bill. Our comments relate to development on the foreshore, mainly to offshore wind, as we have deep concerns about the undemocratic and inappropriate manner in which large-scale developments have been permitted and progressed close to Ireland's east coast under the outdated Foreshore Act 1933, without the knowledge of the vast majority of Irish citizens. This legacy must be openly acknowledged and addressed by the Government to ensure the coastal zone is managed sustainably in the public interest into the future.

In this brief overview, I will touch on the need for reform and on how the content of the legislation addresses our key concerns. My colleague, Ms Valerie Freeman, will address the context in which the new Bill will operate and outline a few short recommendations.

The need for reform is clear. During the Celtic tiger era the speculation and inadequate regulation well documented on land was also very evident at sea. Developers took advantage of the outdated foreshore legislation, drawn up in 1933 before offshore wind farms were envisaged, and of the planning vacuum in our coastal waters to obtain foreshore leases for construction of two of the biggest offshore wind farms in the world close to the coast of south Dublin and Wicklow. The leases were awarded on the sole authority of the Minister for Agriculture, Food and the Marine with no statutory involvement of local authorities and no public right of appeal. Other EU countries have carefully controlled offshore wind development. However, in Ireland developers were allowed to pick out extensive near shore sites, on a first come first served basis, apply for a foreshore lease with no restriction on size or scale of development and, in some cases, sell on the leases before construction at a price reflecting the size of development permitted, netting very substantial profit.

At end of 2006, some 1,620 MW of offshore wind power involving 420 huge turbines had been approved 10 km to 12 km off the coast of Wicklow, more than double the amount of offshore wind then installed worldwide which was 700 MW. This raises very serious questions about the rigour of the Irish permitting process. In 2008, the Minister announced significant price support for offshore wind. This was followed by a rush of applications for foreshore development, mostly on shallow sandbanks, a protected marine habitat close to the east coast.

In 2008 the Minister announced significant price support for offshore wind. This was followed by a rush of applications for foreshore development, mostly on shallow sandbanks, a protected marine habitat close to the east coast.

In summary, the concerns of Coastal Concern Alliance centre on the lack of strategic planning for our seas, the inappropriate manner in which large-scale developments have been, and continue to be assessed. The lack of importance attached to preservation of Ireland's marine habitat wildlife and coastal landscapes. We are also very concerned about plans to export to the UK offshore wind energy generated at the expense of the Irish coastal environment.

I will refer briefly to the points we made with regard to the proposed legislation. My colleague, Ms Valerie Freeman, will address the context of the legislation, which is very important in this instance, and will give some short recommendations.

A key provision in the Bill is the involvement of An Bord Pleanála. We welcome the move to align the foreshore consent system with the land-based planning system. Under the Foreshore Act 1933, one Minister had total control over development in the coastal zone. Giving authority to An Bord Pleanála will mean that for the first time developments must be assessed by professional planners within an overall policy and planning framework. We welcome the provision for plan-led leasing rounds and a tender process. This should address thead hocmanner in which large sites in our nearshore zone have been allocated to offshore wind developers on a first come, first served basis, with no plan and no public tender.

We question whether the development of offshore winds for export can be viewed as a strategic infrastructure. We would ask if Ireland's inshore zone should in fact be used for energy export. This needs to be debated and agreed at national level. We also draw attention to the commitment in the programme for Government that a cost benefit analysis should be carried out for all major infrastructure projects. In the case of large offshore wind in our nearshore zone, important national costs would include the impact on protected scenic views and on marine wildlife. With regard to public participation, the enhanced public participation provisions in the Aarhus Convention must be embodied in the decision-making framework. Particular attention must be devoted to ensuring the public concerned is fully informed about proposals for major development in the inshore zone. We recommend a 12 week public consultation and a mandatory oral hearing for major projects on the foreshore. Appeal procedures must be defined in the legislation and must conform with the Aarhus Convention.

To ensure conformity with democratically agreed local area development plans, statutory consultees should include all relevant local authorities who must be obliged to make submissions reflecting the impact of the development on the objectives of the local area development plan. To date, no submissions appear to have been made by planning departments of counties adjoining inshore areas where large-scale developments have been proposed and permitted.

We need to protect the scenic and amenity quality of Ireland's coastline in line with the objectives of the local area development plan and the forthcoming national landscape strategy. This concern is not reflected in the heads of the Bill and must be embodied in the final legislation.

My colleague, Ms Valerie Freeman, will address the vital issue of the policy context in which the proposed legislation will operate.