Oireachtas Joint and Select Committees

Wednesday, 4 December 2019

Joint Oireachtas Committee on Climate Action

Renewable Energy - Wind, Solar and Biogas: Discussion

Mr. David Maguire:

As we have seen not only in the renewable sector but with data centres and elsewhere publicly, to a certain degree much of our planning law is based on UK planning law. It is quite similar. One of the businesses in which I am involved, BNRG Renewables, has deployed many solar systems in the UK as have many members of our association. We have been engaged with the planning authority for the development of a 10 MW site in eight weeks. There is a statutory obligation on that planning authority to turn around the determination for that development in that time, or in 13 weeks if it is put to a vote in the local authority. The appeals process is limited to a procedure. One can only submit an appeal if there is a breach of procedure or if the procedure has not been followed. That appeals window is open for six weeks and then it closes. What I find very frustrating in Ireland is that it is very easy to take an appeal. The appeals process must be robust but there is a great deal of uncertainty about planning. We have been constructing solar systems globally in different jurisdictions for more than 12.5 years and Ireland is one of the most challenging development jurisdictions in which I have ever deployed this technology. That is due to the uncertainty surrounding planning. We do not have planning guidance on this but the planning system is robust enough to assess projects on their individual merits. The challenge is the risk of the appeals process. That needs to be reviewed with a view to reforming it. Specifically, planning in respect of rooftop projects should also be considered. Deploying solar systems on rooftops is exempt from the formal planning process in many European jurisdictions, whether it be a MW system on a factory of a solar system for a domestic home. We have had discussions on this issue with An Taisce and other conservation bodies, including the National Trust in the UK which openly welcomes solar systems on listed buildings provided by such systems are installed sensibly. Currently, that is a barrier to people putting solar systems on the roofs on their houses. Those are the two areas that should be considered in planning law.

The third area that needs to be considered is the private wire issue, but that is probably a matter for the regulator, the Commission for Regulation of Utilities. As a generator, I cannot connect my generating asset to supply electrons to a factory located in a field away from my business but one can do that in many European jurisdictions. I have to connect to the grid with all the costs that entails. Addressing that issue would unlock great potential in terms of corporate power purchase agreements, PPAs, in Ireland. Ultimately, as an industry, we are seeking best value for money for the consumer. If renewals are oversubsidised in this country, they will just become unacceptable politically and they will not work.

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