Oireachtas Joint and Select Committees

Thursday, 29 September 2022

Joint Oireachtas Committee on Housing, Planning and Local Government

Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2022, Planning and Development (Solar Safeguarding Zone) Regulations 2022: Discussion

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank the Chairman and members. It is good to be back before the committee this week with another very important reforming intervention. The two sets of regulations consist of the Planning and Development Act 2000 (Exempted Development)(No. 3) Regulations 2022 and the Planning and Development (Solar Safeguarding Zone) Regulations 2022, both of which concern planning exemptions for solar installations. The two sets of planning regulations I am presenting to the committee today stem from commitments in the climate action plan and the programme for Government to review the solar panel planning exemptions set out in the principal regulations. Further to these commitments, my Department, in consultation with the Department of Environment, Climate and Communications, has undertaken such a review. The focus of the review was on microgeneration and primarily on facilitating the generation of electricity for self-consumption as a supplement to the microgeneration support scheme launched by the Department of Environment, Climate and Communications earlier this year.

The first set of draft regulations I have laid before the Oireachtas is the Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2022. These amend the pre-existing solar panel planning exemptions set out in Schedule 2 to the principal regulations in respect of houses, industrial buildings, light industrial buildings and business premises and agricultural structures, and also extend the exemptions to apartments, educational buildings, health centres or hospitals, recreational or sports facilities, places of worship, community facilities or centres and certain sites operated by statutory undertakers. In general, the regulations propose the removal of the rooftop square-metre-based limits that currently apply, namely, 12 sq. m for houses and 50 sq. m for other buildings, in the principal regulations and to instead allow full coverage, subject to conditions requiring the installation to be a minimum distance from the edge of the roof as well as restrictions in certain areas. However, in light of the potential threat to aviation safety arising from increased solar development, 43 solar safeguarding zones have been identified, in consultation with the Irish Aviation Authority, IAA, within which an increased 300 sq. m rooftop limit will now apply to all classes of development other than houses. It will be open to anyone seeking to avail of a larger rooftop solar installation within a solar safeguarding zone than the 300 sq. m limitation to apply for planning permission.

The second set of draft regulations that I have laid before the Oireachtas, the Planning and Development (Solar Safeguarding Zone) Regulations 2022, are the supplementary supporting regulations that set out the 43 solar safeguarding zones, which are required to address aviation safety concerns in respect of glint and glare impacts from solar panels. The solar safeguarding zones are outlined both on maps and by reference to townlands in county councils and local electoral divisions in city councils. A rooftop limit will apply in solar safeguarding zones which extend outwards in a radial manner 5 km from airports and 3 km from smaller aerodromes, certain military barracks and emergency helipads. Following publication of the final regulations, my Department intends to make the solar safeguarding zones available for viewing on my Department’s planning website, myplan.ie, which will provide interactive maps with greater detail on boundary delineation in relation to these zones. Under the provisions of the Planning and Development Act 2000, the approval of the Oireachtas is required before any exempted development regulations are signed into law. Hence, the presentation of these regulations to the committee today.

I commend the two sets of draft regulations to the committee. If the regulations are approved, the Government will be removing obstacles for the roll-out of solar energy development nationwide, enabling individuals, communities, businesses and farms to play their part in creating a future fuelled by renewable energy and acting against climate change. They will further help people and businesses to reduce their energy bills and increase Ireland’s energy security, which is of vital importance given the current international situation. If, further to today’s presentation to the committee, these draft regulations are subsequently approved by positive resolution of both Houses of the Oireachtas as required under the Planning Act, they will come into force as soon as they are signed. If approved by the Oireachtas, it would be the intention to sign the regulations into law at the earliest opportunity. I thank members for their attention.

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