Alan Kelly (Tipperary North, Labour)
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I propose to take Questions Nos. 502 and 516 together.

In December 2013, my Department published proposed “draft” revisions to the noise, setbacks and shadow flicker aspects of the 2006 Wind Energy Development Guidelines. These draft revisions propose:

- The setting of a more stringent day and night noise limit of 40 decibels for future wind energy developments;

- A mandatory minimum setback of 500 metres between a wind turbine and the nearest dwelling for amenity considerations; and

- The complete elimination of shadow flicker between wind turbines and neighbouring dwellings.

A public consultation process was initiated on these proposed draft revisions to the Guidelines, which ran until February 21 2014. My Department received submissions from 7,500 organisations and members of the public during this period.

It is intended that the revisions to the 2006 Wind Energy Development Guidelines will be finalised as soon as possible. However, account has to be taken of the extensive response to the public consultation in framing the final guidelines. Further work is also advancing to develop technical appendices to assist planning authorities with the practical application of the noise measurement aspects of the Wind Guidelines.

The revisions to the Wind Energy Development Guidelines 2006, when finalised, will be issued under Section 28 of the Planning and Development Act 2000, as amended. The 2006 Guidelines continue to apply to existing planning applications. Planning authorities, and, where applicable, An Bord Pleanála must have regard to guidelines issued under Section 28 in the performance of their functions under the Planning Acts.

I am precluded, under section 30 of the Planning and Development Act, 2000, from exercising any power or control in relation to any individual planning application or appeal with which a planning authority or An Bord Pleanála is or may be concerned. It is a matter for the relevant planning authority to make the appropriate determination in relation to a planning application or appeal, and my Department has no function in this regard. Planning authorities must ‘have regard’ to planning guidelines issued by my Department. However, these are issued for guidance purposes to assist planning authorities in the performance of their functions. Ultimately, planning authorities will make their own decision based on the specific merits or otherwise of individual planning applications.