Ulick Burke (Galway East, Fine Gael)
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Question 191: To ask the Minister for the Environment, Heritage and Local Government if he will issue guidelines to local authorities for the erection of wind turbines for the supply of electricity for domestic and on farm use; and if he will make a statement on the matter. [36328/08]

John Gormley (Dublin South East, Green Party)
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I refer to the reply to Question No. 393 of 7 October 2008.

The Planning and Development Regulations 2007 provide exemptions from planning permission requirements in respect of certain classes of micro-renewable technologies for use in the home. The exemptions apply to solar panels and other micro-renewable technologies such as wind turbines, heat pumps and biomass, subject to certain conditions in each case.

The exemptions in respect of Wind Turbines provides for the construction, erection or placing of a wind turbine within the curtilage of a domestic house. The main conditions include that the Wind Turbine cannot be mounted on to the house or any other structure, its height should not exceed 13 metres and its rotor diameter should not exceed 6 meters. A summary of the exemption is attached.

In 2007, my Department reviewed the Planning Regulations with regard to exempted developments and carried out research into the planning implications of exempting renewable energy technologies in the industrial, business and agricultural sectors, with a view to providing specific exemptions wherever possible to encourage uptake of such technologies. On foot of this work, a consultation paper outlining proposed exemptions was issued in October 2007. A total of 51 submissions were received and carefully considered.

In July 2008, the Oireachtas approved the Planning and Development Regulations 2008, providing planning exemptions for specified renewable technologies in the industrial, business and agricultural sectors. Wind Turbines are included in the classes of micro-renewable technology exemptions applicable to agricultural sites and a summary of the exemption is attached.

On the general issue of Wind Farm development, my Department issued the Wind Energy Development Guidelines in June 2006. A copy of the Guidelines is available on my Department's website www.environ.ie. The Guidelines offer advice to planning authorities on planning for wind energy through the development plan process and in determining applications for planning permission.

EXEMPTIONS FOR RENEWABLE TECHNOLOGY (DOMESTIC)

Wind Turbines

No exemption for building-mounted turbines

Max height up to 13m

Rotor diameter up to 6m

Ground clearance of at least 3m

Must be turbine height (including the blade of the turbine at the highest point of its arc) plus 1m from nearest party boundary

Consent of IAA required if within 5kms of an airfield, etc

Noise levels must be less than 43db(A) during normal operation

Only 1 per site

No constructed, erected or place forward if the front wall of a house

No logos, and non-reflective finish.

EXEMPTIONS FOR RENEWABLE TECHNOLOGY (AGRICULTURAL)

Wind Turbines

No exemption for building-mounted turbines

Max height up to 20m

Rotor diameter up to 8m

Ground clearance of at least 3m

Must be turbine height plus 5m from nearest party boundary and non-electrical overhead cables

Must be turbine height plus 20m from 38kV lines or own height plus 30m from lines of 110kV or more

Consent of IAA required if within 5kms of an airfield, etc

Noise levels must be less than 43db(A) at site boundary

Only 1 per site, and not within an ACA

No logos, and non-reflective finish.

Ulick Burke (Galway East, Fine Gael)
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Question 192: To ask the Minister for the Environment, Heritage and Local Government his view on a new development charge for roads being made, in addition to regular development charges, on a planning application which was already lodged and in the process of being finalised, when the new charge was approved by the council and then levied, on this application retrospectively; and if he will make a statement on the matter. [36329/08]

John Gormley (Dublin South East, Green Party)
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Development contribution schemes under Section 48 of the Planning and Development Act 2000 are drawn up by each planning authority and approved by the elected members following a public consultation process. It is also open to a planning authority to prepare a Supplementary Development contribution scheme under Section 49 of the Act. It is a matter for the members of the planning authority to determine the level of contribution and the types of development to which they will apply.

It is open to applicants for planning permission to appeal a planning decision to An Bord Pleanála if the applicant considers that the terms of a development contribution scheme or supplementary development contribution scheme have not been properly applied in respect of any planning condition laid down by the planning authority.

Under section 30 of the Planning and Development Act 2000, I may not exercise any power or control in a particular case with which a planning authority or An Bord Pleanála may be concerned.