Peadar Tóibín (Meath West, Sinn Fein)
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172. To ask the Minister for Housing, Planning, Community and Local Government his views on criticism that persistent challenges to local government decisions and ruling against industrial wind farms in the form of ministerial directions is eroding the role of local authorities as the planning authority and undermining the democratic principles and mandate of county councillors; his further views on whether it is time that a specific definition is given to the term "cognisant" in this process; and if he will make a statement on the matter. [33711/16]

Simon Coveney (Cork South Central, Fine Gael)
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There is a statutory duty on planning authorities to reflect Government policy in their policy making and decision making functions under planning legislation.

In relation to wind energy, the Planning Guidelines issued under Section 28 of the Planning and Development Act (as amended) are clearly aimed at ensuring that planning authorities maximise the contribution that wind energy can make in meeting overall binding EU commitments in relation to renewable energy generation.

Where local authorities fail to adopt policies that reflect the overall national policy position or breach statutory requirements, the Oireachtas has provided the Minister with powers to direct a planning authority to amend a statutory development plan under procedures set out in Section 31 of the Planning and Development Act 2000 (as amended). Section 31 is essentially a safeguarding mechanism that follows on from statutory consultation by planning authorities with the Minister in drawing up or amending their statutory development or local plans.

It must also be noted that Ministerial directions have issued in relation to a broad range of planning issues, including excessive or inappropriate land use zoning objectives and failure to take account of flood risk assessment in preparing development plans and local area plans.

With regard to directions that have issued in relation to wind energy policy content of development plans, such directions have been focused on ensuring broad alignment between settled Government policy and local development plans and where, without such directions, there would be marked inconsistencies between local authorities as regards the treatment of this specific form of development, which would also be unacceptable in relation to other categories of development.

Mindful of the considerable focus on planning policy aspects of wind energy developments in relation to location, set-back, height and related aspects that underscore much of the development plan debates that have taken place across the country, my Department is continuing to advance work on a focused review of the statutory guidelines on wind energy development, in conjunction with the Department of Communications, Climate Action and Environment and in line with the relevant commitments under the Programme for a Partnership Government.

When finalised, the updated Guidelines will be issued under Section 28 of the Planning and Development Act 2000, as amended. I expect that, taking on board the extensive debate and analysis undertaken, planning authorities and, where applicable An Bord Pleanála, will utilise such updated Guidelines in the performance of their functions under the Planning Acts. I will continue to keep under review the translation of Government policy by planning authorities to local planning policies and use the powers available to me in line with the legislation passed by the Oireachtas.