Mary Upton (Dublin South Central, Labour)
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Question 650: To ask the Minister for the Environment, Heritage and Local Government if he is satisfied that the consultation paper on proposed planning exemptions for certain renewable energy technologies does not make a distinction between land in different areas regarding wind turbines and that scenic, amenity or coastal areas are treated the same way as land in any other area in view of the fact that existing planning requirements are more onerous on these types of area; and if he will make a statement on the matter. [30990/07]

Mary Upton (Dublin South Central, Labour)
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Question 651: To ask the Minister for the Environment, Heritage and Local Government his views on whether it is correct to exempt from planning rules, wind turbines of up to a height of 20 metres and whether this height is appropriate bearing in mind that it is equal to two two storey houses; and if he will make a statement on the matter. [30991/07]

Mary Upton (Dublin South Central, Labour)
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Question 652: To ask the Minister for the Environment, Heritage and Local Government if he will ensure that new regulations concerned with exempting certain renewable energy technologies from the normal planning process will guarantee that people erecting exempted wind turbines would still be required to notify the local authority, who in turn will need to be charged with ensuring compliance with legal restrictions; and if he will make a statement on the matter. [30992/07]

Mary Upton (Dublin South Central, Labour)
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Question 653: To ask the Minister for the Environment, Heritage and Local Government his views on the merits of restricting wind turbines to the curtilage of a farmyard; and if he will make a statement on the matter. [30993/07]

Mary Upton (Dublin South Central, Labour)
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Question 654: To ask the Minister for the Environment, Heritage and Local Government if he is satisfied that a distance of 100 metres from the nearest house is appropriate for a wind turbine in a rural area; and if he will make a statement on the matter. [30994/07]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 650 to 654, inclusive, together.

The consultation document referred to in the question sets out a range of proposed exemptions for renewable energy technologies. The exemptions are designed to support uptake of renewable energy technologies across the commercial, industrial, agricultural and public sectors, and are a result of extensive research by the Department into the possibilities for introducing planning exemptions for renewable energy uptake across these sectors.

The proposed exemptions would be introduced by way of amendment to the Planning and Development Regulations 2001. Article 6 and Schedule 2 of these Regulations set out certain classes of development which are exempt from planning permission requirements. However, the exemptions are circumscribed by article 9, which places a number of general qualifications on the availability of exemptions, including a proposed condition that exemptions will not apply where the development would interfere with the character of a landscape, or a view or prospect of special amenity value or special interest.

In the first instance, it will be the responsibility of those who intend to avail of the exemptions to ensure that the proposed development is in accordance with the specific exemptions and conditions attached. However, the question of whether a specific type of activity or works is development within the meaning of the planning code, or is or is not exempted development, is ultimately a matter for the planning authority under Section 5 of the Planning and Development Act 2000. It is open to any individual, on payment of a fee, to request a declaration in writing from a planning authority where a question arises as to whether a particular development is or is not exempted development within the meaning of the planning code. A person can also refer the decision of the planning authority to An Bord Pleanála for a final determination.

In arriving at the specific draft exemptions and the conditions proposed to be attached in each case, my Department has aimed at striking the optimal balance between, on the one hand, maximising renewable energy usage, and on the other, minimising the potential for adverse impacts on neighbouring properties and wider communities arising from that wider uptake. It is, of course, open to any person to make a submission to my Department on any aspect of the proposed exemptions set out in the consultation document, including the proposed conditions relating to scale and siting of technologies, before 18 January 2008. The final draft amendments must also then be laid before the Oireachtas for approval.