Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I do not think so. Senator Martin spoke about climate justice. This is about doing the correct thing in this country but it also has a positive impact on developing countries. I hope I have given a reasonable summary of the questions raised by Senators.

I thank the Green Party Senators for bringing forward this Private Members' Bill relating to planning exemptions for solar panels. I can confirm that the Government has agreed not to oppose the Bill. The maximisation of the roll-out of solar infrastructure is a key Government policy and an important aspect of achieving our EU renewable energy targets, transitioning to net zero emissions and achieving a climate-neutral economy. In this connection, the Programme for Government: Our Shared Future, includes the specific commitment to "conclude [a] review of the current planning exemptions relating to solar panels, to ensure that households, schools, and communities can be strong champions of climate action".

By way of background, I should explain that under the Planning and Development Act 2000, as amended, all development, unless specifically exempted under the Act or associated regulations, requires planning permission. Section 4 of the Act and Schedule 2 to the Planning and Development Regulations 2001, as amended, set out various exemptions from the requirement to obtain planning permission. Included in the planning exemptions set out in the regulations are those applying to the installation of solar infrastructure on specific building types.

Further to the climate action plan of 2019, my Department has already been undertaking a review of the solar panel exemptions and has actively engaged with a range of stakeholders including the Department of the Environment, Climate and Communications for the purpose of developing draft amending regulations in respect of solar panel planning exemptions and delivering on the programme for Government commitment.

Further to this review, it is proposed to significantly increase the amount of solar equipment that can be installed on the building types which already have certain exemptions including houses, commercial and industrial premises and agricultural buildings, which have been referenced in this debate. It is further proposed to expand the scope of the exemptions to include educational, community and religious buildings, as well as apartment buildings, while also increasing the height and area allowed for free-standing solar equipment.

The main outstanding issue that remains to be resolved in the current review is the potential for glint and glare impacts for aircraft arising from the increased use of solar panels and the need to ensure that they do not result in any real or potential threat to aviation safety. Accordingly, my Department has been engaging with the Irish Aviation Authority in order to find a safe and workable solution in relation to this particular aspect of the review. My Department has begun the tendering process for this project, which will involve the development of aviation safeguard maps for each airport and aerodrome in the country. As Senators have mentioned, this will take several months.

In recognition of the length of time that it is expected to take to complete the aviation safeguarding maps, my Department has decided to adopt a two-step process involving an interim measure which would allow revised exemptions to be introduced prior to the completion of this mapping exercise but with defined restriction zones around airports and aerodromes for solar installations. These interim draft regulations have now been reviewed under the requirements of the strategic environmental assessment, SEA, Directive 2001/42/EC. It has been determined that a full SEA on the draft proposals, which will include public consultation as part of the process, is required. This process is expected to take approximately four months to complete. Again, a point was made about public consultation and the Aarhus Convention. Therefore, it is envisaged that the process for finalising the interim solar panel planning exemptions, as referred to, with restriction zones around airports and aerodromes, will be completed by the fourth quarter of 2021. These interim regulations will allow for the vast majority of the country, well over 90%, to be covered by the interim solar panel exemptions, excluding those restriction zones in close proximity to airports and aerodromes.

Work on the development of the aviation safeguarding maps for airports and aerodromes is expected to be completed by the end of the year. This will facilitate the preparation of a supplementary set of regulations defining the specific areas around airports and aerodromes in which solar panels availing of the exemptions can be installed. Senators will note that extensive work in this regard has already been undertaken by my Department, work which is now nearing completion.

Turning to the proposals in the Private Members' Bill, I acknowledge that there is merit in the Bill as proposed in the context of the climate action plan, the programme for Government and the urgent need to act and to deliver. The Bill aims to amend the existing regulations and introduce new solar exemptions by way of primary legislation for further classes of building types in a manner broadly similar to the proposals currently being advanced by my Department, although the measures proposed are not as far-reaching or as comprehensive in nature. However, the Bill does not take into account the potential impact of glint and glare on aviation safety or the need to develop aviation safeguarding maps in this regard. Crucially, it also does not take account of the need for a strategic environmental assessment on the proposals as required under EU legislation, which must be complied with.

I also have reservations about using primary legislation, as proposed, to provide for these solar panel exemptions. The use of regulations or secondary legislation for this purpose is provided for under the Planning and Development Act and is a significantly more time-efficient means of dealing with this matter should any further amendments to the exemptions be deemed necessary or appropriate in the future. Senator Cummins mentioned the urgency of moving this process forward. I believe this will address that.

I broadly welcome this Private Members' Bill and the spirit in which it has been introduced by the Green Party Senators. However, while the Bill has the same objective as the amending regulations being progressed by my Department, and while I am not opposing it, it does have certain deficiencies, as I have outlined. Accordingly, while I am supportive of the general thrust of the Bill, I would prefer to continue with my Department's existing approach for amending the solar panel exemptions and to bring forward the interim draft regulations for the approval of both Houses of the Oireachtas, as required under planning legislation, by the fourth quarter of 2021, following the conclusion of the SEA process. This is considered to be a more robust and comprehensive approach. Once this process is completed, it would be the intention of my colleague, the Minister of State with responsibility for local government and planning, Deputy Peter Burke, to immediately sign the interim regulations and to subsequently sign the final regulations as early as possible following the conclusion of the aviation safety mapping exercise around airports and aerodromes.