Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I thank the Senator for raising this important 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 made to the relevant local planning authorities, with a right of appeal to An Bord Pleanála. In the case of wind development proposals which meet the statutory threshold criteria for classification as strategic infrastructure developments under the Planning and Development Acts, applications must be submitted directly to An Bord Pleanála. Planning authorities, including An Bord Pleanála, are required to have regard to my Department's wind energy development guidelines, which were published in June 2006, in making determinations on wind farm development proposals. These guidelines provide advice to planning authorities on catering for wind energy through their development plans and the development management process. The guidelines are also intended to ensure a consistency of approach throughout the country in the identification of suitable locations for wind energy developments and the treatment of planning applications relating to such developments.

As the Senator noted, 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 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 this ran until 21 February 2014. My Department received submissions from 7,500 organisations and members of the public during this public consultation process. It is intended that the revisions to the 2006 wind energy development guidelines will be finalised as soon as possible. In this regard, account must be taken of the extensive response to the public consultation process 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 wind guidelines. 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. In the interim, the 2006 guidelines will continue to apply to existing planning applications, including those currently with An Bord Pleanála.

It is a matter for the relevant planning authority to make the appropriate determination in respect of a planning application or appeal, having regard to relevant planning guidelines issued by my Department. However, as indicated, these guidelines are issued for guidance purposes to assist planning authorities in the performance of their functions. Ultimately, it falls to planning authorities - be they the local planning authorities or An Bord Pleanála - to decide on individual applications based on the specific merits or otherwise of individual planning applications.