Dáil debates

Thursday, 1 May 2014

Ceisteanna - Questions - Priority Questions

Wind Energy Guidelines

9:35 am

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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2. To ask the Minister for Environment, Community and Local Government if in view of the Government decision not to oppose the Sinn Féin Bill on the planning of wind farms, he will support the proposals it contains in relation to minimum setback distances and that wind farms only be located in areas designated by county development plans. [19637/14]

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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I raise this question about wind farms because it is fair to say the Government put the cart before the horse in this matter. We did not have the cost-benefit analysis on the export projects, the new guidelines on planning and the Government's Green Paper on energy policy. I put down this question because of the widespread opposition to large, industrial-scale wind farms in the midlands in counties like Laois, Offaly, Westmeath in particular, and Kildare. I hope the Minister can give me some reassurance that the Government's decision not to oppose the Bill I brought forward in the Dáil some weeks ago, which would not stop the development of wind farms but would regulate them properly, was not simply a cynical ploy to get us by until after the local elections on 23 May.

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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As I indicated during the discussions on the Private Members' Wind Turbine Regulation Bill 2014, the Government did not oppose the Bill on Second Stage on the basis that some of the issues raised in the Bill are already under consideration. However, the Government will need to consider the outcome of the consultation processes on the revision to the 2006 wind energy development guidelines and the renewable energy policy and development framework as this Bill progresses, and it is important that the outcome of these processes is not pre-empted.

Some 7,500 submissions have been received in response to the public consultation I commenced in December of 2013 on proposed revisions to the existing 2006 wind energy development guidelines focusing specifically on the issues of noise, setbacks and shadow flicker. These draft revisions propose the setting of a more stringent day and night noise limit of 40 decibels for future wind energy developments; a mandatory minimum setback of 500 m between a wind turbine and the nearest dwelling for amenity considerations; and the complete elimination of shadow flicker.

In regard to section 3 of the Bill, which requires the location of proposed wind turbines to be identified in county development plans, I can confirm that this matter is already addressed in the existing wind energy development guidelines, which include a recommendation that development plan maps identify the key areas within the planning authority's functional area where there is significant wind energy potential and where, subject to certain criteria, such development would be acceptable in principle. In addition, many local authorities have produced local renewable energy strategies, which address the location of wind turbines in considerable detail.

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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I thank the Minister for her reply. The problem is that the Minister of State is bringing forward guidelines to the effect that planning applications must have regard to local county development plans. I have heard the man sitting beside the Minister of State speak here many times in the past two years about the need to give power back to local councillors. We now have an opportunity not to stop developments but to ensure they are located sensibly, having regard to the provisions and areas zoned in county development plans for the location of wind farms. Those of us who were councillors previously understand the meaning of the term "having regard to"; it means nothing. It means one can read it and then turn over the page. The guidelines must state that it has to be consistent with the locations zoned in the county development plans; in other words, if a wind farm is to be located in any county, be it Cork, Laois, Offaly or wherever, when the planning application is made, An Bord Pleanála, the developers and the county council executive must only consider areas consistent with those areas zoned in the county development plan. That is the key issue. There is no point talking about reform of local government or electing the 940 people and not giving them any powers. There will be 940 capable people elected to do this job, and we should give them the power to do it on behalf of their communities.

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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To answer the Deputy's point directly, as I have stated already, the matter is addressed in the existing wind energy guidelines, which include a recommendation that development plan maps would identify key areas.

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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And requirements.

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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The larger ones will be going directly to An Bord Pleanála. An Bord Pleanála does have regard to the various planning laws and guidelines in terms of making decisions.

With regard to the Deputy's point on the Green Paper, the Minister, Deputy Rabbitte, will be publishing that shortly. On the guidelines, there is a large number of submissions and it will be quarter three of this year when we expect to finalise the guidelines.

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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Today is 1 May and we still do not have the cost-benefit analysis on the export projects, the new guidelines on planning, and the Government Green Paper. The Minister of State has just told me that the Minister, Deputy Rabbitte, will publish the Green Paper shortly. I have heard that here a number of times. We have put the cart before the horse in that regard.

On the issue of planning, and this is an important point, the Minister of State said that An Bord Pleanála "does have regard to" but that is the key point. An Bord Pleanála should be bound to only make decisions that are consistent with local county development plans. I emphasise that point to the Minister because it is important. It is not to veto projects but to make sure we get this right.

Regarding the commitment on setbacks of 500 m, some of the wind turbines planned in the midlands are so tall they might fall on a house. Five hundred metres is a short distance if there are turbines 185 m in height. That setback must be broadened, and I ask the Minister to examine that. She cannot simply set a distance of 500 m because it depends on the height of the turbine. A pro rataelement must be put in the guidelines. Will the Minister confirm that for me?

I welcome the Minister's commitment on shadow flicker. We want the noise levels to be below those set out in the World Health Organization's 1999 guidelines. The Minister might confirm that.

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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First, we are proposing an improvement with regard to noise levels. Second, I will take note of the various submissions.

Third, with regard to setback, they are now statutory guidelines, so we are strengthening the guidelines in that regard. We will take account of the submissions-----

9:45 am

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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Pro rata.

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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-----and I do not wish to pre-empt what the decision will be. To clarify the matter of the Green Paper, that was approved by the Government yesterday and I presume it will be published in the near future. It is obviously a matter for the Minister, Deputy Rabbitte, and the Department of Communications, Energy and Natural Resources.