Tim Lombard (Fine Gael)
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I raised this matter on 15 November 2016. The need for solar farms to have planning guidelines is an important issue in so many locations throughout Ireland and it affects most local authorities. It is becoming very important because we have had 225 planning applications for solar farms throughout Ireland in the past 24 months. This issue needs to be dealt with and is one of the core issues relating to our renewable energy policy. We have targets we hope to meet by 2020. Renewable energy is a very important part if we are to reach those targets and solar farms will play a role in that. How big the role will be will be determined in many ways by Government policy. In particular, I note the White Paper on energy that was published a few years' ago.

We need national Government to move into the frame and put planning guidelines in place so that communities, developers and local authorities have the ability to plan around the national guidelines. There is frustration among local authorities, developers, communities and even An Bord Pleanála about the lack of that national framework. We have seen some decisions that have been made in the past few months. An Bord Pleanála famously stated at the start of the year that it was extremely worried about the sudden wave of applications coming forward without national guidelines. We have seen decisions by local authorities, one only a few weeks ago, where planning permission was refused because of the lack of national guidelines. Everybody is saying that there is a lack of such guidelines. Communities, developers and local authorities would welcome them. It is a very important sector but it needs to be regulated. In so many ways we are over-regulated but in this area we are looking for a Department to bring forward guidelines.To me, they are essential if we are to have proper, sustainable development. The real guideline is that a developer sees a generation station or substation in a location and knows that it is the location where it would be more financially beneficial for him or her to locate a solar farm. It has nothing to do with planning guidelines, quality of soil or the level of the land. These are big issues that we need to consider. A total of 225 planning applications went through the system without these guidelines and there are more coming. There is a wave of them coming. Until there is clarity on tariffs, we will continue to have a wave. That is an issue the Minister, Deputy Denis Naughten, needs to clarify at some stage.

I raised this issue on 15 November and have seen very little progress since. I raised it with the Minister on 7 December and have seen very little progress since. I am raising it again now, nearly one year later. In many ways, this is the time we need planning guidelines to be put in place in order that the local authorities which have to make decisions will have the ability to make fair decisions. At present, it is a case of one decision at a time. That is not good for renewables policy, planners or residents.

Damien English (Meath West, Fine Gael)
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I thank the Senator for raising this issue. A year goes by very quickly. I am glad that I am here in a different building but in the same office to discuss this issue.

There are no specific planning guidelines in place for solar farms and, as matters stands, I have no proposal to bring forward such guidelines. We discussed the issue before and, if need be, I will not hesitate to act in this area.

Under the Planning and Development Act 2000, as amended, each planning authority’s development plan is required to set out an overall strategy for the proper planning and sustainable development of the area concerned. Section 10 of the Act requires a development plan to include, among other things, objectives for the provision or facilitation of the provision of infrastructure, including energy facilities and infrastructure. Many local authorities have developed renewable energy strategies for their areas in this context, rightly so, and I encourage others to do the same. Proposals for individual solar farm developments are also 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 required to be submitted to the relevant local planning authority with a right of appeal to An Bord Pleanála.

In making decisions on planning applications planning authorities and the board must consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, submissions or observations received and relevant ministerial or Government policies, including relevant guidelines issued by my Department. Planning authorities must then make their own decision, based on the specific merits, or otherwise, of individual planning applications. I am satisfied that the planning code is sufficiently robust to facilitate the assessment of individual planning permission applications for solar farm developments. I am very clear that the lack of national guidelines is not a reason for refusing a solar farm application. We can have discussions about other reasons, but the lack of national planning guidelines is not an appropriate reason for refusal.

The matter will be kept under review in consultation with my colleague, the Minister for Communications, Climate Action and Environment and his Department, the lead Department on renewable energy policy, in the context of the Government’s White Paper on Energy Policy which was published in December 2015, the development of a renewable electricity policy and development framework, REPDF, and the launching of a new subsidy support scheme for renewable electricity by the Department which was recently published for public consultation and is expected to be in place in 2018. It will greatly help the conversation we are having. The subsidy support scheme is required in order to assist in meeting our renewable energy targets, as well as to facilitate greater diversity of supply and foster community engagement in renewable energy projects.

The energy White Paper sets out a vision to accelerate the development and diversification of renewable energy in Ireland. A draft REPDF has been formulated, aimed at optimising the opportunities for producing electricity from a variety of renewable energy sources in projects of significant scale on land. It will be subject to further public consultation prior to its adoption. A Programme for a Partnership Government contains a commitment to facilitate the development of solar energy projects in Ireland that builds on the energy White Paper and recognises that solar energy also has the potential to provide a community dividend, thereby further enhancing citizen participation in Ireland's energy future. Consequently, solar technology such as solar farms is one of the technologies being considered in the context of the new subsidy support scheme for renewable electricity generation being developed by the Minister’s Department. In this connection, it is recognised that the new subsidy support scheme is required in order for the development of solar farms to become economically viable, which is not the case in most circumstances. The new subsidy support scheme will require Government approval and state-aid clearance from the European Commission before it can come into operation.

I have no proposals to bring forward specific planning guidelines for solar farms However, the matter will be kept under review. Certainly, on foot of the work being done by the Minister, it is something on which we can follow through, if need be. What the Senator raised is often cited locally as an issue, but it is not a reason. Planners in local authorities, if they have the co-operation of those authorities and their members, are well capable of making these decisions to allow us to move forward in this area. Naturally, if we have to act following the work of the Minister, we will do so.

Denis O'Donovan (Fianna Fail)
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That was a very comprehensive response. I am sure the Senator is very enlightened as a result.

Tim Lombard (Fine Gael)
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I am very much enlightened but very disappointed at the same time. It is an issue that

if the planning guidelines are put in place, the horse will have bolted at that stage. That is realistically what we are facing. The real guidelines will apply when the actual tariffs are set by the Minister, Deputy Denis Naughten, as they will determine what will be built. Developments will be built according to what is financially viable. If the tariff is too high, every development might be built, but if it is too low, we will have none built. In many ways, what could actually emerge is that the planning guidelines will be associated with the actual tariff announced by the Minister after the consultation process he announced last month. I will still be pressing for planning guidelines which have to be produced. Having developments of the scale in question, on 200 acre sites and no national guidelines, does not make sense.

Damien English (Meath West, Fine Gael)
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I support and encourage solar farm developments. I hope that, through the discussion and consultation process, they will be deemed to be worthwhile and merit the support of the Government. To me, that makes sense. If we can make it economically viable, it will make even more sense. One can still farm the land in most cases and put it to use. In some cases there is a lack of information. Therefore, we need to build trust in the system. If planning guidelines are required at a later stage to achieve this, we will act. I wish to be very clear, however, that the lack of national guidelines is not a reason for refusal.

Denis O'Donovan (Fianna Fail)
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As somebody who nearly 30 years ago came out in favour of wind energy projects, I note that there is still a lot of turbulence about where wind farms should be located, connections and power lines. I am sure it is an ongoing debate. I thank the Minister of State and the Senator.