Written answers

Wednesday, 19 December 2007

Department of Environment, Heritage and Local Government

Planning Issues

3:00 pm

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
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Question 387: To ask the Minister for the Environment, Heritage and Local Government if, regarding the proposed exemptions for certain renewable energy technologies from the obligations under the Planning and Development Act 2001, he will ensure that there is a legal responsibility on a developer to seek a declaration from the relevant planning authority that the proposed development is in accordance with the specific exemptions to the Planning and Development Act 2001; and if he will make a statement on the matter. [35715/07]

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
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Question 388: To ask the Minister for the Environment, Heritage and Local Government, further to his response to Parliamentary Question No. 650 of 27 November 2007, the way he proposes to determine if a wind turbine will interfere with the landscape; if this will only apply to already designated areas or if there is some other method to determine if a wind turbine interferes with the landscape; and if he will make a statement on the matter. [35716/07]

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
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Question 389: To ask the Minister for the Environment, Heritage and Local Government the ways his Department advertised the public consultation period in regards to the proposed planning exemptions of certain renewable technologies; his views on extending the timeline for reply to the public consultation process beyond its current limit together with a more visible information campaign to inform people of this consultation period; and if he will make a statement on the matter. [35717/07]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 387 to 389, inclusive, together.

Section 4(2) of the Planning and Development Act 2000 provides that I, as Minister, may, by reason of size, nature or limited effect upon its surroundings, by Regulation, provide exemptions for a particular class of development provided that development is not contrary to the principles of proper planning and sustainable development.

In presenting the proposed exemptions referred to for public consultation, I am seeking to achieve this as a means of encouraging uptake of renewable energy and remove from planning permission requirements classes of development which would have limited effect upon their surroundings. The introduction of a mandatory referral process would undo the impact of the proposed exemption by replacing one determinative process with another.

In relation to the application of restrictions on exemptions set out under article 9 of the Planning and Development Regulations 2001, it is a matter for planning authorities to identify, through the development plan, any landscape, or a view or prospect of special amenity area value or special interest. Where a planning authority includes the preservation of any such area as an objective of the development plan or of the draft variation or draft development plan, exemptions from planning permission requirements do not apply.

Advertisements announcing the commencement of a public consultation on the proposed exemptions were placed in the following newspapers on 25 October:

The Examiner;

The Irish Times;

The Irish Independent;

The Star.

I also issued a press release to the local and national media on the same day and my Department directly circulated the consultation paper to a wide range of organisations inviting their views, including all planning authorities, a number of Government Departments, the National Consumer Agency, the Irish Farmers Association, Sustainable Energy Ireland and various renewable energy industry groups.

I am satisfied that 3 months is an appropriate consultation period and have no plans to extend it. It should be noted that this is a relatively lengthy consultation process, well beyond, for example, the normal 8-week period allowed by the European Commission, for completion of written consultations.

The consultation process is ongoing and 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. As outlined previously, the final draft amendments must also then be laid before the Oireachtas for approval.

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