Willie Penrose (Longford-Westmeath, Labour)
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682. To ask the Minister for Housing, Planning, and Local Government when the regulations that pertain to industrial style wind farm developments will be implemented; if these regulations will take account of the concerns regarding flicker, separation distance, height of turbines being proposed and the effect on rural landscapes including the impact upon the local heritage; and if he will make a statement on the matter. [50308/17]

Thomas Pringle (Donegal, Independent)
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705. To ask the Minister for Housing, Planning, and Local Government the evidence base and reasoning that has been used to arrive at a setback distance figure of four times the tip height from residential property with respect to visual amenity as set out at key aspect 2 in the preferred draft approach of the targeted review of the wind energy development guidelines 2006 published by his Department; and if he will make a statement on the matter. [50240/17]

Thomas Pringle (Donegal, Independent)
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706. To ask the Minister for Housing, Planning, and Local Government the legislative basis and specific statutory provisions under which circular letters Pl20 2013 and Pl05 2017 are issued; and if he will make a statement on the matter. [50241/17]

Thomas Pringle (Donegal, Independent)
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707. To ask the Minister for Housing, Planning, and Local Government if circular letters Pl20 2013 and Pl05 2017 are advisory in nature; and if he will make a statement on the matter. [50242/17]

Thomas Pringle (Donegal, Independent)
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708. To ask the Minister for Housing, Planning, and Local Government if statutory authority attributable to circular letters Pl20 2013 and Pl05 2017 is solely underpinned by the section 28 guidelines to which they refer; and if he will make a statement on the matter. [50243/17]

Thomas Pringle (Donegal, Independent)
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709. To ask the Minister for Housing, Planning, and Local Government the policy and or objective in the wind energy development guidelines 2006 including specific references; and if he will make a statement on the matter. [50244/17]

Thomas Pringle (Donegal, Independent)
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710. To ask the Minister for Housing, Planning, and Local Government if he has been informed of the recent position subsequent to April 2014 by the Department of Communications, Climate Action and Environment regarding the proposed renewable energy export policy and development framework that is referenced in circular letter PL 20 2013 and endorsed by circular letter PL 05 2017; and if he will make a statement on the matter. [50245/17]

Thomas Pringle (Donegal, Independent)
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713. To ask the Minister for Housing, Planning, and Local Government if the wind energy development guidelines 2006 have been subject to strategic environmental assessment in line with requirements under the EU Strategic Environmental Assessment Directive; and if he will make a statement on the matter. [50248/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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I propose to take Questions Nos. 682, 705 to 710, inclusive, and 713 together.

The Wind Energy Development Guidelines 2006 provide advice to planning authorities on catering for wind energy through the development plan and development management processes. 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. The policy context, including renewable energy policy, for the Guidelines is set out in section 1.2 of Chapter 1.

The 2006 Guidelines were not subject to a strategic environmental assessment (SEA).  As the Deputy will be aware, a focused review of the 2006 Guidelines is currently underway.

My predecessor as Minister, in conjunction with my colleague, the Minister for Communications, Climate Action and Environment, announced an emerging "preferred draft approach" to the review of the 2006 Wind Energy Development Guidelines in June 2017.  A copy of the announcement is available on my Department’s website at the following link: www.housing.gov.ie/planning/guidelines/wind-energy/coveney-and-naughten-announce-key-development-review-wind-energy-development-guidelines.

It is important to mention that, as part of the overall review, and having regard to the recent ECJ Judgement in a case relating to the Belgian/Wallonian wind energy guidelines, it is proposed to undertake a SEA of the proposed revisions to the 2006 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 public consultation as part of the SEA process will be undertaken in early 2018.

It is estimated that the SEA process will take approximately 9 months and tendering to engage the necessary expertise to carry out that process is well advanced.  In light of the SEA requirements, it is expected that the Guidelines will not be finalised and come into effect until 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.

With regard to the proposed setback distance requirements in the "preferred draft approach", which are based on international examples, these are primarily proposed for visual amenity purposes so that the setting of an appropriate setback in any planning determination takes account of turbine size, while also taking account of other factors such as site design and layout, the scale of the project and its effects on the topography and landscape of the area. Furthermore, the "preferred draft approach" requirements in relation to setback distance will also be subject to the need to separately comply with the proposed noise limits in the "preferred draft approach".

My Department issues periodic advice and guidance by way of circular letters to planning authorities on a range of planning related issues.  General Departmental circulars do not have a statutory basis as compared to the Planning Acts, Regulations made under the Acts or any Ministerial Guidelines, Directives or Directions issued under the Acts. 

However, Departmental circulars, which are generally advisory in nature, are used as a means for providing information to planning authorities in relation to various legislative provisions and requirements, to outline and clarify Government or Department policy, and to provide practical advice on the implementation of the planning code and general planning matters, with a view to ensuring consistency in approach and implementation by all local authorities. 

In addition, under section 28 of the Planning and Development Act 2000, as Minister, I am empowered to issue guidelines to planning authorities as may be required.  Planning authorities, and, where applicable, An Bord Pleanála must have regard to guidelines issued under section 28 and must apply any specific planning policy requirements therein in the performance of their functions generally under the Planning Acts.

My Department issued circular letter PL 20/2013 on 20 December 2013, the purpose of which was to advise that, in light of developing relevant national policy reviews, local authorities should defer amending their existing Development Plan policies in relation to wind energy and renewable energy generally as part of either the normal cyclical six-yearly review or plan variation processes.

On 3 August 2017, my Department issued circular letter PL 05/2017 which reiterated the advice in previous circular letter PL 20/2013 and provided an update on the review of the 2006 Wind Energy Development Guidelines.  However, its primary purpose was to issue new Ministerial section 28 Interim Guidelines for Planning Authorities on Statutory Plans, Renewable Energy and Climate Change, entitled Interim Guidelines for Planning Authorities on Statutory Plans, Renewable Energy and Climate Change – July 2017, with a focus on the administrative procedures which should be carried out, and the national policies relating to renewable energy and wind energy that regard should be taken of, in the adoption or variation of statutory development plans.