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

I thank Senator Byrne for raising this issue. Proposals for wind energy developments are subject to the statutory requirements of the Planning and Development Act 2000, as amended, in the same manner as other proposed developments. Planning applications are generally made to the relevant local planning authority with a right of appeal to An Bord Pleanála. In the case of proposals which meet the statutory threshold criteria for classification as strategic infrastructure developments, such applications are made directly to An Bord Pleanála.

In addition to considering the proper planning and sustainable development of the area and the provisions of the local development plan, planning authorities, including An Bord Pleanála, must also have regard to the Department's wind energy development guidelines, which were published in June 2006, when determining planning applications for wind energy developments. These guidelines provide advice to planning authorities on catering for wind energy through the development plan and development management processes. 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.

I commenced a public consultation in December of last year on proposed draft revisions to the existing 2006 wind energy development guidelines, focussing 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 distance 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.

The Department received submissions from 7,500 organisations and members of the public during the public consultation period and the submissions, which are being considered, will be an important input into the final version of the guidelines, which will be issued to planning authorities. Further work is advancing to develop technical appendices to assist planning authorities with the practical application of the noise measurement aspects of the wind guidelines.

It is intended to finalise the revised wind energy development guidelines later this year and they will then be issued to planning authorities by the Minister for the Environment, Community and Local Government 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 by the Minister in the performance of their functions under the planning Acts. In this regard, planning authorities will be obliged to have regard to the revised guidelines with effect from their date of issue in subsequent decisions made by them on proposed wind energy developments. The latter part of the reply addresses the issue raised by the Senator.