Willie Penrose (Longford-Westmeath, Labour)
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360. To ask the Minister for Environment, Community and Local Government the terms upon which a recent case (details supplied) was compromised; if in the context, it is now accepted that local authority members should be allowed to exercise their statutory powers and duties to put in place appropriate set back distances for wind turbine developments in their local authority areas for which they have jurisdiction, for their local area plans and or county development plans, without unlawful interference to their said powers to do so, by way of illegal directions from his Department; and if he will make a statement on the matter. [22447/16]

Éamon Ó Cuív (Galway West, Fianna Fail)
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388. To ask the Minister for Environment, Community and Local Government when an inspector will be appointed to examine the issue of setback from dwellings of proposed new wind energy projects; when it is hoped to report the terms of reference of the examination; and if he will make a statement on the matter. [22863/16]

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 360 and 388 together.

As provided for by the Oireachtas under Section 31 of the Planning and Development Act 2000, as amended, the Minister for the Environment, Community and Local Government can direct a planning authority on their development plan up to four weeks after the plan has been adopted, where the provisional opinion has been formed, firstly, that the Planning Authority has ignored or not taken account of a submission made on the Minister’s behalf in respect of the development plan and secondly, that the plan as adopted is not in compliance with the requirements of the 2000 Act.

The provisions of Section 31 are an important safeguard to ensure translation of Government policy as regards proper planning and sustainable development into the decisions at a policy level of local authorities on the ground and, if such a power did not exist, there would no doubt be questions on the floor of this House as to how greater consistency could be achieved in planning policies across the 31 planning authorities across the country.

With regard to the Judicial Review proceedings referred to, in relation to the Direction of 3 October 2014 issued to Donegal County Council under Section 31 of the Planning and Development Act (as amended), these proceedings were settled in advance of the hearing commencing.

In brief, the settlement:

- Leaves the draft Direction of July 2014 standing (and the variation in abeyance); and

- Remits the case back to the point where I will appoint an independent inspector, after which I will consider the matter further.

I have committed to making this appointment before 31 July 2016. Following receipt of the Inspector's Report, I have six weeks to consider whether to issue the direction or issue an amended Direction. There was no admittance of any error on my behalf in setting out the statement of reasons.

In addition, it should be noted that the provisions of section 31(6) of the Planning and Development Act 2000, as amended, shall continue to apply to Variation No. 2 of the Donegal County Development Plan 2012-2018 and the Variation shall remain ineffective, pending the conclusion of the statutory process under section 31 of the Act.

I am now in the process of identifying and appointing an Inspector to carry out this work in line with the provisions and procedures set down in section 31 of the Act and details of that appointment, together with terms of reference, will issue shortly. It would be inappropriate of me to comment further until that process takes its course.