Robert Troy (Longford-Westmeath, Fianna Fail)
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488. To ask the Minister for Housing, Planning, Community and Local Government further to the publication of the draft guidelines on wind energy, the process which will bring these guidelines into law; if there will be a public consultation process in place; and the way in which it will affect various counties that have adopted policies in their own county development plans which is contrary to these draft proposals. [29588/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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My predecessor as Minister, in conjunction with my colleague, the Minister for Communications, Climate Action and Environment, recently announced a "preferred draft approach" to the review of the 2006 Wind Energy Development Guidelines. A copy of the announcement is available on my Department’s website at the following link:

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The “preferred draft approach” has been developed to address a number of key aspects of the targeted review which include: Sound / Noise, Visual Amenity Setback Distances, Shadow Flicker, Community Obligation, Community Dividend and Grid Connections.

As part of the overall review, a strategic environmental assessment (SEA) will be undertaken on the "proposed draft approach" to the revised Guidelines before they come into effect. This is in accordance with the requirements of EU Directive 2001/24/EC on the assessment of the effects of certain plans and programmes on the environment, the SEA Directive.  SEA is a process by which environmental considerations are required to be fully integrated into the preparation of plans and programmes which act as frameworks for development consent, prior to their final adoption, with public consultation as part of that process.

It is envisaged that the SEA process will take approximately 9 months. In light of the SEA requirements, it is expected that the Guidelines will be finalised and come into effect in Q1 2018.  In the meantime, the current Guidelines remain in force.

When finalised, the revised Guidelines will be issued under section 28 of the Planning and Development Act 2000, as amended. Planning authorities, and, where applicable, An Bord Pleanála must have regard to guidelines issued under section 28 in the performance of their functions generally under the Planning Acts.  In addition, following an amendment to the Planning Acts in 2015, section 28 guidelines may also contain "specific planning policy requirements" that are required to be applied by planning authorities and the Board in the performance of their functions.  

Therefore, it is open to me generally, as Minister, to issue guidelines which are advisory in nature and which may also contain mandatory requirements.  As such, local authorities could be required to review and amend policies in their county development plans which are contrary to specified requirements in such statutory guidelines.

However, in the context of the review of the 2006 Guidelines, and without prejudicing the SEA process referred to above, it should be noted that any such proposals will be detailed in draft Guidelines which will be published later this year for public consultation, as part of the SEA process, prior to their finalisation and adoption.