Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I thank Senators for the opportunity to attend and to contribute to this important discussion. Wind energy is a highly-topical issue and looks set to remain in public focus for some time to come.

It is important to clarify my exact role and that of my Department regarding wind energy. I do not set policy on wind energy development or renewable energy, in general. Nor do I have direct responsibility to deliver on Ireland's ambitious targets. All of these matters are the responsibility of my colleague, the Minister for Communications, Energy and Natural Resources, Deputy Pat Rabbitte.

As a member of Government, the issue of wind energy, specifically, and the wider related matters of energy security, emissions reduction, economic renewal by harnessing our abundant renewable energy sources and job creation are high on my agenda. The Government has set challenging international and domestic targets in the area but is preparing to meet them head on.

My specific role as Minister of State responsible for housing and planning, is to provide the right policy and legislative framework for Ireland's planning system to function properly and in the interests of a wider good. This includes the assessment of planning applications in respect of wind energy development.

The planning system operates primarily through legislation set out under the Planning Acts and associated regulations.

This provides a highly detailed and process-driven framework for forward planning, development management and enforcement. As we are all too aware, it is not perfect. We have already made some important legislative changes and signalled further fundamental legislative reforms with the announcement last week of our intention to establish an independent planning regulator.

The legislative underpinning for our planning system is supplemented by an extensive suite of statutory planning policy guidance. Over 25 sets of such guidance exist, covering such matters as local area plans, environmental impact assessment, retail planning, spatial planning and national roads, development management and wind energy. The existing wind energy development guidelines were published by my Department in June 2006. They provide advice to planning authorities on catering for wind energy through the development plan process. The guidelines are also intended to ensure a consistency of approach throughout the country in the identification of suitable locations for wind energy development and the treatment of planning applications for such developments. A central component of the guidelines is the need for a plan-led approach by local authorities. All development plans are therefore required to incorporate both a statement of the planning authority's policies and objectives in relation to wind energy development and matters it will take into account in assessing planning applications for specific wind energy development proposals. Local authority development plans must achieve a balance between the overall Government policy on renewable energy and enabling the wind energy resources of the planning authority's area to be harnessed in a manner that is consistent with proper planning and sustainable development. Authorities are required to identify through the development plan areas that are considered suitable or unsuitable for wind energy development. This is intended to provide clarity for developers, the planning authority and, perhaps most importantly, the public at the earliest possible stage.

The making of a development plan is in theory a very open and transparent process, which provides opportunities for public participation. In terms of planning reform, we have a job of work to do in encouraging community participation in forward planning development from conception to adoption. This is not just restricted to wind energy development. Senators will be all too familiar with situations in which communities became aware of a zoning designation or other planning decisions after the adoption of a statutory plan. Individuals and communities have a real opportunity to shape the wider development plan and the wind strategies contained therein and it is incumbent on all public representatives to encourage their participation.

The plan-led and statement of overall policy approaches in the development plan and wind strategy provides the framework for the assessment of individual wind energy development proposals. To further support the proper assessment of applications for wind energy development, the guidelines provide detailed advice to planning authorities on a range of potential impacts, including those related to natural heritage, ground conditions, archaeology, architectural heritage, safety aspects, wind-take and shadow flicker. Specific guidance is also provided in respect of noise. The guidelines state that the noise impact of proposed wind energy development should be assessed by reference to the nature and character of the relevant locations. In the case of wind energy development, a noise sensitive location would include any occupied dwelling house, hostel, health building or place of worship and may include areas of particular scenic quality or special recreational amenity importance. In general, a lower fixed limit of 45 dB or a maximum increase of 5 dB above background noise at nearby noise sensitive locations is considered appropriate to provide protection to wind energy development neighbours. However, the guidelines also acknowledge that in very quiet areas, the use of a margin of 5 dB above background noise at nearby noise sensitive properties is not necessary to offer a reasonable degree of protection and may unduly restrict wind energy developments, which should be recognised as having wider national and global benefits. Instead, in low-noise environments where background noise is less than 30 dB, it is recommended that the daytime level of the LA90 - ten minimum - of the wind energy development noise be limited to an absolute level within the range of 35 db to 40 dB. It is also important to recognise that separate noise limits should apply for daytime and night-time. During the night, the protection of external amenity becomes less important and the emphasis should be on preventing sleep disturbance. A fixed limit of 43 dB will generally protect sleep inside properties during the night.

Currently, there are no specific conditions in the legislation covering the distance from sensitive properties, including houses, at which wind turbines should be sited. I understand that the issue was considered when the existing wind energy guidelines were prepared in 2006, but it was decided that it would be impractical and inappropriate to set a minimum distance because distance alone does not dictate noise levels from wind energy developments. A wide range of other factors can also impact on noise, including background noise levels, topography, local climatic factors and type and height of turbine. The guidelines acknowledge, therefore, that, in general, noise is unlikely to be a significant problem where the distance from the nearest turbine to any noise sensitive property is more than 500 m. They advise planning authorities to seek evidence that the types of turbine proposed in a particular development will use best engineering practice in terms of noise suppression and provide specific limits to permissible increases in noise above background noise from wind energy developments to protect neighbouring properties. The current system, therefore, provides for a degree of specificity and uniformity across all planning authorities while leaving the final decision in the hands of local decision makers, who will have the benefit of submissions and observations from third parties.

The fact is, however, that the issue of noise has become the most contentious of all aspects of wind energy development. In the last 15 months, two separate Bills have been published which focus largely on noise and its possible impact on human health, one of them by Senator Kelly who is in attendance. I am aware of the genuine concerns held by Senator Kelly and Deputy Penrose which prompted the drafting of the two Bills. I am also well aware of the concerns of many communities across the country regarding wind energy and noise in particular. I have met with various stakeholders to discuss their concerns, including CREWE, which recently gave a very detailed presentation to the Joint Committee on Communications, Energy and Natural Resources. It is important that these concerns be taken on board and properly addressed to ensure that Ireland can continue to meet its renewable energy targets while ensuring that wind energy does not have negative impacts on local communities.

My Department, in conjunction with the Department of Communications, Energy and Natural Resources and other stakeholders, is undertaking a targeted review of certain aspects of the 2006 wind energy guidelines. This is a timely review. Wind energy technology has developed rapidly in the past number of years with, for instance, an increase in the height of turbines and also an expansion in the scale of many proposed projects. I am keenly aware of the concerns that this has engendered. We are looking at an industry where turbine heights of 150 m will not be out of the ordinary. By way of contrast, the Spire in the centre of Dublin city is 120 m high, a point which has been made in the Seanad. Development on this scale must be properly planned and decisions supported by the best evidence available. My Department's focused review is examining the manner in which the guidelines address key issues of community concern such as noise and proximity. My Department issued a press notice in January of this year inviting submissions from the public on its targeted review. More than 550 submissions were received from individual members of the public and various stakeholders in response to the notice. This is a very strong response to what was the very first stage in a process that will provide further and more extensive opportunities for the public to shape the review.

The Minister for Communications, Energy and Natural Resources recently commissioned the Sustainable Energy Authority of Ireland to invite proposals from suitably-qualified organisations for the completion of a desk study of peer reviewed studies and other documents that examine the significance of noise related to onshore wind farms. The objective of the study is to obtain evidence upon which to evaluate the appropriateness of the existing guidelines in relation to noise impacts and, if necessary, suggest changes. It will take account of the following key contextual issues: the evolution of wind turbine technologies since the current guidelines were published in 2006; experience to date in the application of the current guidelines; research relating to wind turbine noise issues since the current guidelines were adopted; and Ireland's binding targets in relation to renewable energy update and penetration. The study will form a key input into the review of the statutory guidelines. It is expected to be completed by the end of the summer to facilitate the preparation and publication of revised statutory guidelines in draft form. All statutory planning guidelines appear first in draft form for a public consultation during a period of a couple of months. Once the consultation period is closed, any submissions on the draft guidelines are considered and taken into account in the final form of the guidelines. As with all new or revised guidelines, the draft guidelines will be subject to extensive public consultation for a period of six weeks to two months. The indicative timetable for the publication of the draft guidelines is the fourth quarter of 2013.

I thank Senators for initiating this timely debate. I am conscious of the concern in communities regarding the development of wind energy. It is right to state my commitment to renewable, clean energy and I do not see the positions as mutually exclusive, nor do other Members. We can fashion a renewable energy policy, underpinned by an open, transparent planning framework that delivers benefits for Ireland at both national and community level. In that regard, I share the opinion expressed by my colleague, the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte, that Bord na Móna's land holdings can play a crucial role in facilitating the development of wind energy in the years ahead. Bord na Móna is already engaged in the wind industry and I look forward to seeing a strategic view of Bord na Móna's role advanced.