Seán Kyne (Galway West, Fine Gael)
Link to this: Individually | In context

Question 379: To ask the Minister for the Environment, Community and Local Government his views on introducing mandatory requirements on local authorities to initiate public consultation procedures for proposed wind farm development owing to the size and impact on the environment, both natural and man made, such developments undeniably have; and if he will make a statement on the matter. [15441/12]

Jan O'Sullivan (Limerick City, Labour)
Link to this: Individually | In context

The Wind Energy Development Guidelines , which were published by my Department on 29 June 2006, provide advice to planning authorities on catering for wind energy through the development plan process. The guidelines are also intended to ensure a consistency of approach throughout the country in the identification of suitable locations for wind energy development and the treatment of planning applications for wind energy developments. This mapping of suitable locations is carried out through the development plan process which makes extensive statutory provision for public consultation.

Planning legislation provides for extensive public notification of proposed development at the development management stage. For example, article 17 of the Planning and Development Regulations 2001 – 2010 requires an applicant to erect a site notice in order to lodge a valid application for planning permission. Article 19 of the Regulations requires that this notice must be placed in a conspicuous position on or near the main entrance from a public road to the land or structure concerned, so as to be easily visible and legible by persons using the public road. Alternatively, if the land or structure does not adjoin a public road, the site notice should be placed so as to be easily visible and legible by persons outside the land or structure. The site notice must contain the date on which the site notice is erected and state that the planning application may be inspected or purchased at the offices of the planning authority and that a submission or observation in relation to the application may be made to the authority in writing, on payment of the prescribed fee, within the 5 weeks beginning on the date of receipt by the planning authority of the application. The applicant must erect the site notice no sooner than 2 weeks before making the application for permission in order to facilitate third party inspection of the application. Where it appears to a planning authority that any notice does not comply with these requirements, they may require the applicant to give further notice and evidence in relation to compliance with such a requirement.Article 18 of the Planning and Development Regulations 2006 also provides that a notice be published in a newspaper approved for this purpose. Each planning authority must decide which newspapers should be included on their approved list of newspapers in order to ensure that the newspapers used for the purpose of such notices have a sufficiently large circulation in its functional area.

In addition the planning authority must, under section 34(3) of the Planning and Development Act 2000, have regard to any observations or submissions received concerning the proposed development in accordance with the relevant regulations.

Furthermore, any person who makes a submission to the planning authority may appeal the decision of the planning authority to the Board. An Bord Pleanála in some instances holds oral hearings in relation to cases being considered by it, further adding to the opportunities to participate in the decision-making process.