Written answers

Tuesday, 11 June 2013

Department of Environment, Community and Local Government

Wind Energy Guidelines

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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563. To ask the Minister for Environment, Community and Local Government the terms of reference and the timescale in relation to the the comprehensive review of the guidelines for Wind Energy Development which is being undertaken in conjunction with the Department of Communications, Energy and Natural Resources; and if he will make a statement on the matter. [27237/13]

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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590. To ask the Minister for Environment, Community and Local Government the mechanism in place, and the associated timing for the communities of the midlands to participate in the decision-making regarding the current 8,000MW industrial windfarm developments (details supplied). [27004/13]

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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591. To ask the Minister for Environment, Community and Local Government in view of the fact that two companies (details supplied) propose to place initially 1150 industrial wind turbines across the midlands over the next three years, his specific process or mechanism for assessing the impact on human beings, material assets and landscape. [27005/13]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I propose to take Questions Nos. 563, 590 and 591 together.

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 such 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 An Bord Pleanála. The Board in some instances, at its own discretion, holds oral hearings in relation to cases being considered by it, further adding to the opportunities to participate in the decision-making process.

The EIA Directive, Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment as amended by Council Directive 97/11/EC of 3 March 1997, Directive 2003/35/EC of 26 May 2003 and Directive 2009/31/EC of 23 April 2009, now codified in Directive 2011/92/EU of 13 December 2011, is designed to ensure that projects likely to have significant effects on the environment are subject to a comprehensive assessment of environmental effects prior to development consent being given. EIA provisions in relation to planning consents, including for wind energy developments that come within the scope of the Directive, are currently contained in the Planning and Development Act, 2000, as amended, (Part X), and in Part 10 of the Planning and Development Regulations, 2001, as amended.

An EIA must identify, describe and assess the effects of a proposed development on various factors, including, inter alia:

- human beings, fauna and flora;

- soil, water, air, climate and the landscape; and,

- material assets and the cultural heritage.

The Directive further requires that EIA be carried out in an open and transparent manner with the public and bodies with specific environmental responsibility being given an opportunity to comment and participate in the process of assessment. The public concerned and persons with sufficient interest must also be given an opportunity to challenge the substantive and procedural legality of the final decision.

I am - in conjunction with the nister for Communications, Energy and Natural Resources and other stakeholders - undertaking a targeted review of certain aspects of the Wind Energy Guidelines 2006 in order to ensure that Ireland continues to meet its renewable energy targets and, at the same time, that wind energy does not have negative impacts on local communities.

This focused review is examining the manner in which the Guidelines address key issues of community concern such as noise, proximity and visual amenity and any other potential impacts, as considered appropriate, as well as ways of building community support for wind energy development.

All statutory planning guidelines issue first in draft form for a public consultation over a period of a couple of months. Once the consultation period is closed the submissions received on the draft guidelines are considered and taken into account in the final form of the guidelines. The draft guidelines will - like all other new or revised guidelines - go out for extensive public consultation for a period of 6 weeks to 2 months. The indicative timetable for the publication of the draft guidelines is Quarter 4 2013.

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