Brian Stanley (Laois-Offaly, Sinn Fein)
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2. To ask the Minister for Environment, Community and Local Government when the new wind farm regulations will be put in place; and whether they will include mandatory set-back distances based pro rata on the height of turbines. [37477/15]

Brian Stanley (Laois-Offaly, Sinn Fein)
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This question relates to wind farm regulations or guidelines. We do not have either, except for those which are obsolete. The Minister is aware that the development of wind farms continues apace throughout the country. There is considerable concern about the inadequate legislative framework.

We have no clear indication of what is happening regarding bringing it forward.

Alan Kelly (Tipperary North, Labour)
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In December 2013, my Department published proposed draft revisions to the noise, setbacks and shadow flicker aspects of the 2006 wind energy development 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, which ran until 21 February 2014. My Department received 7,500 submissions from members of the public during this process, which was a huge number indicating a phenomenal amount of interest.

It is intended that the revisions to the 2006 wind energy development guidelines will be finalised as soon as possible. In this regard, account has been taken of the extensive public consultation in framing the final guidelines. A phenomenal amount of work is involved. Further work is also advancing to develop technical appendices to assist planning authorities with the practical application of the noise measurement aspects of the wind guidelines, which is important. My Department is advancing work on the guidelines in conjunction with other Departments, principally the Department of Communications, Energy and Natural Resources.

The revisions to the wind energy development guidelines 2006, 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 are required to have regard to guidelines issued under section 28 in the performance of their functions under the Planning Acts.

Brian Stanley (Laois-Offaly, Sinn Fein)
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While I thank the Minister for his reply, unfortunately it does not tell me much. The consultation process was opened two years ago and closed ten months ago, and we still do not have sight of the regulations or guidelines. We would prefer regulations on the development of wind farms. Last year, I introduced a Bill on the development of wind farms setting out minimum setback distances and dealing with matters such as shadow flicker and noise. Although the Government did not oppose the Bill, it never came before the environment committee, which is disappointing. One issue is the delay. Wind farms are being developed apace without regulations. The other issue is the fact that there is no commitment to pro rata setback. The Minister said the guidelines would be produced as soon as possible. I have been hearing this answer for more than a year. When is “as soon as possible”?

Alan Kelly (Tipperary North, Labour)
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We received 7,500 submissions with much detail and it is a very technical area, as the Deputy will agree. We are developing technical appendices and my Department is doing a considerable volume of work. Technically complex work is being undertaken by Marshall Day Acoustics and others. In the finalisation of the guidelines, we must be cognisant of our 2020 renewable energy targets. In the three areas on which we have been concentrating, the area we have been left with and which we have had to close off is setback distance.

In the Deputy’s contribution to the climate change debate he argued for the recognition of targets and the need for more targets. We must all acknowledge the extent of the contribution wind energy will make. In this context, the Deputy would want to be cognisant that while we need strong, fair guidelines that will deliver, given the complex issue of the requirements of our 2020 targets and good planning, the most important issue is that we get it right rather than rushing it.

Brian Stanley (Laois-Offaly, Sinn Fein)
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I am hearing procrastination. We are not reaching our goal quickly enough. Planning applications are rolling in and planning permission is being given for wind farm developments. There is concern about the setback distances of these giant turbines. In the midlands and in Laois-Offaly, which I represent, huge turbines are being constructed. Some of the Minister's Labour Party colleagues are saying the Minister for Communications, Energy and Natural Resources, Deputy Alex White, is blocking the Minister. While Fine Gael is being blamed for other matters, in this case, the Ministers, Deputies Kelly and White, are being blamed. It is being reported in the newspaper that the Minister, Deputy White, as a Dublin representative, does not have much interest in this and is not overly concerned about giant turbines near people's homes. Will there be pro ratasetback based on height, or will there be a standard, statutory limit of 500 m or 600 m, which would be useless for the size of turbines being constructed in the midlands?

Alan Kelly (Tipperary North, Labour)
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The Deputy probably needs to put down a question to the Minister for Communications, Energy and Natural Resources, Deputy White, to ask his opinions. Given that the Deputy has personalised this regarding my Labour Party colleagues-----

Brian Stanley (Laois-Offaly, Sinn Fein)
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No, the Minister's Labour Party colleagues are personalising it. It was in the press.

Alan Kelly (Tipperary North, Labour)
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Will the Deputy let me answer the question? If he talks to my Labour Party colleagues, he will find there is not one iota of a difference between us on the issue. He should talk to the Deputies and Senators.

This is a complex issue. I am very strong on the need for proper, good planning guidelines. I am well aware of the issues, projections and the type of turbines that are being planned. While I feel the need to ensure we have proper planning guidelines on it, we also need to ensure we get it right. The analysis is ongoing and I expect it to come to fruition in the near future.