Regina Doherty (Meath East, Fine Gael)
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I thank the Minster of State for taking the debate. I had asked last week for it to be discussed on the basis that the closing date for submissions on a planning application to An Bord Pleanála in my county is 1 December. We are naively waiting for draft guidelines, which the Department promised would be published a number of weeks ago. However, because of a delay, these will not be published and it appears from communication with the Department that we will not get the fully revised guidelines until January or February 2015. I, therefore, have a major issue that a large industrial planning application to build 46 industrial wind turbines, each 169 m high, will be scrutinised under guidelines that we all know are not fit for purpose and that are out of date. The reason we know that is the Government is in the process of introducing new guidelines.

I would like a commitment from the Department that one of two actions will be taken over the next number of days - the publication of the draft guidelines with An Bord Pleanála instructed to adhere to them pending the issuance of the revised statutory guidelines in January or the extension of the planning process to ensure the guidelines that will issue in January will be the ones under which the application to which I refer will be scrutinised. There is a rush on planning applications to ensure the pricing agreements signed up to by the previous Government with the CER under REFIT II can be adhered to. The reason for the glut of applications is the price per unit of electricity secured by companies. They will be scrutinised under guidelines that are out of date and not fit for purpose and that need to be updated. I would like peace of mind regarding the processing of this planning application and others in constituencies of Members throughout the country.

Helen McEntee (Meath East, Fine Gael)
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I thank Deputy Doherty for sharing the debate. Like Irish Water, this is an important issue, which we need to get right. Renewable energy is one of the major issues being debated currently. There are questions over whether such energy is needed and whether the infrastructure needed to generate this energy is required. Companies are trying to push through applications because this debate is taking place and they are fearful. We are facing the prospect of the construction of 46 industrial sized turbines in a small residential community in which I live. These will be 169 m high, not 100 m. These are unlike any that have been constructed in Ireland previously and, therefore, this is an extremely sensitive issue for those living in the area.

There are two sides to the debate but the current guidelines, which were put in place by the previous Government a number of years ago, do not take into account the size of these turbines. I hope the new guidelines will and that is why I am calling for them to be issued as soon as possible. I made one of the 7,500 submissions to the Department earlier this year under the review of the guidelines. The Minister of State's predecessor, Deputy Jan O'Sullivan, promised the draft guidelines would be published in the third quarter of this year. The review commenced almost ten months ago but we have not seen any guidelines. I assume the reason for that is the Department needs to get this right and, like the Irish Water debacle, this is not something that can be rushed. However, this is a ticking timebomb for many communities. I would like an assurance that the guidelines will be published as soon as possible and that the projects in the pipeline will be subject to the new guidelines when they come into play.

Paudie Coffey (Waterford, Fine Gael)
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I thank both Deputies for raising this important matter and for the opportunity to outline the progress to date on the ongoing focused review of the 2006 wind energy development guidelines. The Minister and I are precluded, under section 30 of the Planning and Development Act 2000, from exercising any power or control in respect of any individual planning application or appeal with which a planning authority or An Bord Pleanála is, or may be, concerned. It is a matter for the relevant planning authority to make the appropriate determination on a planning application or appeal, and my Department has no function or remit in this regard.

In December 2013, the Department published proposed "draft" revisions to the noise, setbacks and shadow flicker aspects of the 2006 guidelines. These draft revisions proposed 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 between wind turbines and neighbouring dwellings. A public consultation process was initiated on these proposed draft revisions to the guidelines and it ran until 21 February 2014. My Department received submissions from 7,500 organisations and members of the public during this period.

It is intended that the revisions to the 2006 guidelines will be finalised as soon as possible. However, account must be taken of the extensive response to the public consultation in framing the final guidelines. Further work is also advancing to develop technical appendices to assist planning authorities with the practical application of the noise measurement aspects of the guidelines. The revisions to the guidelines, when finalised, will be issued under section 28 of the Planning and Development Act 2000, as amended. Planning authorities, and, where applicable, An Bord Pleanála must have regard to guidelines issued under section 28 in the performance of their functions under the planning Acts.

Regina Doherty (Meath East, Fine Gael)
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Will the Minister of State clarify that his Department cannot interfere in the planning process and this means the application for 46 industrial turbines will be dealt with by An Bord Pleanála under the existing guidelines? Will he also clarify that if new guidelines are introduced in January or February and applications are still before An Bord Pleanála, they will be subject to the new guidelines? If not, has the statutory clock started ticking meaning they will be scrutinised under the existing statutory guidelines? Nobody is being disrespectful to or disingenuous with the Department. Nobody expected that it would receive 7,500 submissions but everybody is exercised about this. We are concerned that the Government is following the policy of the previous Government, which is based on outdated information and the Grid25 planning process. More important, wind energy projects are supposed to be introduced in co-operation with communities and in sympathy with the environment. These applications do neither but we are standing idly by and not supporting the people we represent in our towns and villages by allowing big business to come in and make money at other people's expense, which is not on.

Helen McEntee (Meath East, Fine Gael)
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I thank the Minister for State for his response. I understand the pressure the Department and both Ministers are under to ensure the guidelines are published as soon as possible. A total of 7,500 submissions is a large number to process. We are running out of time in County Meath. A second project is in train which proposes six turbines of a similar height. There are, therefore, two projects affecting a number of communities. If an application, which has been submitted, has not been decided on before the new guidelines come into play, must An Bord Pleanála, Meath County Council or the relevant planning authority adhere to the new guidelines or will they have to adhere to the previous guidelines?

Paudie Coffey (Waterford, Fine Gael)
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I appreciate that the Deputies have serous concerns regarding the purposed project but I reiterate that it is the intention of the Minister and I to publish new guidelines as soon as possible. It is my understanding that the existing guidelines apply to current planning applications but I will clarify that for them.

I must re-emphasise that the Minister, Deputy Kelly, and I are statutorily precluded from exercising any power or control in relation to any individual planning application. Planning authorities must have regard to planning guidelines issued by the Department of the Environment, Community and Local Government. However, these are issued for guidance purposes to assist planning authorities in the performance of their functions. Ultimately, planning authorities will make their own decisions based on the specific merits or otherwise of individual planning applications.

As I have outlined, a significant number of public submissions were received in relation to the review of the wind energy development guidelines. The Department is currently carefully considering the issues raised in the submissions by local communities, the wind industry and other interested parties, in an impartial and evidence-based manner. It is my intention that the revisions to the 2006 wind guidelines will be finalised as soon as possible. It is also my intention that the final guidelines on wind energy development will have fair and reasonable regard to the interests of local communities, while at the same time recognising the importance of renewable, clean energy for the future of our environment and economy.