Seanad debates

Thursday, 17 July 2014

Adjournment Matters

Wind Energy Guidelines

2:40 pm

Photo of Thomas ByrneThomas Byrne (Fianna Fail)
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Táim an-bhuíoch don Chathaoirleach as ucht an ábhar seo a roghnú ar an Athló, ábhar an-tábhachtach do dhaoine thart timpeall na tíre. I am grateful for the opportunity to raise this subject, which is causing considerable fear and anxiety not just in County Meath, but throughout the country. Last December the then Minister of State with responsibility for housing and planning, Deputy Jan O'Sullivan, and the then Minister for the Environment, Community and Local Government, Deputy Hogan, announced a review of planning guidelines under section 28 of the Planning Act in respect of wind turbines and invited a public consultation. Many people were not happy with the Government's guidelines and made their submissions. Since then nothing has happened.

I understand the Department is examining all the submissions and that is taking time. However, on the ground planning applications for wind turbines are being submitted left, right and centre, as part of which the pre-planning process has commenced for a 46-turbine project in County Meath, with each turbine almost 600 ft. high. The danger is, as has happened in other areas in south Meath and Laois in particular, that planning permission will be granted for projects under the guidelines which the Government admits are outdated. Speaking here last week I believe the Minister even said that the current guidelines are outdated and not relevant to the types of turbines that are going in.

I am suggesting, as many others have done, that the Government puts a moratorium in place until it publishes guidelines. It should immediately publish guidelines that will be acceptable to the citizens who have to live in proximity to these turbines. There is unbelievable anger out there. The few Government Deputies who attend meetings will realise the anger about this. There needs to be a moratorium. I cannot accept it cannot be done. I have written proposed legislation to help the process. I believe a moratorium could effectively be put in place using guidelines under the Planning Act. Guidance should be given to An Bord Pleanála and the local authorities that they should not give permission for wind turbines until the Government has made up its mind on the policy.

I am looking for a positive response from the Minister. Based on what I have heard from colleagues, I know the Minister, Deputy Kelly, is examining this issue very closely, but I would like to see a complete change of policy from what has gone on up to now. It is not fair on communities.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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I thank the Senator for raising this matter. I am taking it on behalf of the Minister for the Environment, Community and Local Government, Deputy Kelly, who cannot be in the House today.

As outlined during a recent Seanad Adjournment debate on this matter, planning authorities, including An Bord Pleanála must have regard to the Department of the Environment, Community and Local Government's 2006 wind-energy development guidelines, issued under section 28 of the Planning and Development Act 2000, as amended, when assessing and determining planning applications for wind-energy development proposals. These guidelines provide advice to planning authorities on catering for wind-energy development through the development plan and development management processes. The guidelines are also intended to ensure 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 public consultation was commenced in December 2013 on proposed draft revisions to the existing 2006 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 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 2,500 organisations and members of the public during the public consultation period and the submissions, which are currently being considered, will be an important input into the final version of the revised 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 revised guidelines, when they are finalised. It is intended to finalise the revised wind-energy development guidelines later this year and they will then be issued to planning authorities.

The current review of the guidelines is focussed and limited in nature, and only relates to the noise, shadow flicker and proximity elements of the existing wind-energy development guidelines. Therefore, the remaining content of the 2006 guidelines will remain unchanged in the revised guidelines to be issued later this year. In this context, it is not proposed to suspend the granting of planning permissions for wind-farm developments pending the publication of the specific limited revisions to the 2006 guidelines. Planning authorities will be required to have regard to the revised guidelines with effect from their date of issue in subsequent decisions they make on proposed wind-energy developments, with the existing 2006 guidelines remaining in place in the interim.

Photo of Thomas ByrneThomas Byrne (Fianna Fail)
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I should have wished the Minister well in his new job as Minister for Health. Of course health issues come up regularly with these projects. I am disappointed that the Minister for the Environment, Community and Local Government, himself, is not here - I had expected that he would be.

This reminds me of the tax amnesty. The Government gives a signal to let people know they have a few months to regularise their affairs and they will be all right. That is exactly what has happened here. The signal was given in December that the planning rules would be tightened up a small bit - we are hoping that they will go much further because the guidelines are not acceptable. However, developers, who get in before the Government publishes the guidelines, will get their planning permission on the basis of guidelines the Government admits are outdated. That is what is happening at the moment throughout the country. Developers are getting planning permissions straight through.

There is no indication as to when these guidelines will be published. There is no statutory provision for this long public consultation period. The Act states that the Minister may issue guidelines. Why does he not issue guidelines, pointing out that these are different turbines? At 600 ft. they are different from what was available in 2006.

I plead with the Minister, on behalf of the people, to listen and state it is wrong to allow outdated planning guidelines. We are supposed to be in favour of proper planning and development, but we are openly stating if planning permission is applied for and we have not published the guidelines the applicant will get through the gap. It is completely wrong. The Minister should bring this back to Cabinet. It is driving people mad throughout the country, and rightly so because it is so unfair.

2:50 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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I totally note the Senator's comments and I know it is a big issue. It has been raised with me as I have travelled throughout the country, and as recently as last week Deputy McEntee spoke to me about it. It is a matter for the Minister for the Environment, Community and Local Government and I will pass on the Senator's comments to him.