Peadar Tóibín (Meath West, Aontú)
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107. To ask the Minister for Housing, Planning, and Local Government if a policy will be introduced within his Department to provide a fair resolution to builders who purchase zoned land and due to the lack of adequate infrastructure such as sewage services they make the necessary investment to provide infrastructure only to have the land dezoned due to a change on policy either nationally or locally. [4899/21]

Peter Burke (Longford-Westmeath, Fine Gael)
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The preparation of a statutory city or county development plan is a central function of a planning authority undertaken in accordance with Sections 9-13 of the Planning and Development Act, 2000 (as amended). The zoning of land for particular uses, including for new housing, is specified in this legislation to be a reserved function of the elected members of the planning authority. This task is undertaken in order to contribute to meeting the identified housing supply needs of the local authority area in question.

In this regard, I have recently issued the ‘Housing Supply Target Methodology for Development Planning, Guidelines for Planning Authorities’ under Section 28 of the Planning and Development Act (as amended). These guidelines provide an integrated and nationally consistent methodology for each planning authority to estimate an overall housing supply target for their development plan that is consistent with adopted national and regional population growth targets in the National Planning Framework and Regional Spatial and Economic Strategies. This housing supply target is quantified as an overall number of housing units that is to be planned and provided for in the development plan process, with scope for adjustment in certain local authority areas.

In producing the county development plan, the consideration and decision on what particular lands to zone is therefore taken by the elected members of the planning authority. In selecting lands to zone for future residential development, the planning authority is not, however, required to maintain zonings from a previous development plan.

The planning authority must consider the suitability of such lands for delivering new housing within the proposed plan period as part of the overall core strategy of the development plan. The Planning and Development Act is very clear (Section 10(8)), that “there shall be no presumption in law that any land zoned in a particular development plan (including a development plan that has been varied) shall remain so zoned in any subsequent development plan”.

The Planning Act also specifically addresses the matter of compensation under section 191, stating that “Compensation shall not be payable in respect of the refusal of permission for any development based on any change of the zoning of any land as a result of the making of a new development plan...”.

The availability of infrastructure to facilitate new development further to public or private investment is an important consideration in assessing the appropriateness of land for new housing development. Overall, the development plan adopted by the elected members must ensure that sufficient residential lands are available to contribute towards meeting the identified housing supply target, and should prioritise lands capable of delivering new homes within the six-year development plan period.

It would therefore be expected that sites that benefit from investment in services would normally be prioritised over sites that may be unserviced, but given the range of factors that must be considered as part of a county development plan process, these are matters for the planning authority to assess and determine in the context of the county development plan as a whole.

Éamon Ó Cuív (Galway West, Fianna Fail)
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108. To ask the Minister for Housing, Planning, and Local Government if he plans to provide an interim solution to the long delay in granting exempted status to the installation of solar photovoltaic rooftop panels on schools and community buildings; and if he will make a statement on the matter. [4910/21]

Éamon Ó Cuív (Galway West, Fianna Fail)
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109. To ask the Minister for Housing, Planning, and Local Government if he plans to amend the regulations pertaining to the installation of solar photovoltaic rooftop panels on houses and businesses; if so, when he plans to do so; and if he will make a statement on the matter. [4911/21]

Cian O'Callaghan (Dublin Bay North, Social Democrats)
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113. To ask the Minister for Housing, Planning, and Local Government if the planning regulations for the installation of solar rooftop panels will be revised to ensure exemptions are in accordance with action 30 of the Climate Action Plan 2019; when revised planning regulations will be submitted to the Houses of the Oireachtas; and if he will make a statement on the matter. [4923/21]

Peter Burke (Longford-Westmeath, Fine Gael)
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I propose to take Questions Nos. 108, 109 and 113 together.

Under the Planning and Development Act, 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission. Any such exemptions are subject to compliance with any general restrictions on exemptions set out in the Act or the Regulations and to the specific conditions set out in each class of exempted development in Schedule 2 of the Regulations. Included in the specific conditions set out in the Regulations are those applying to the installation of solar infrastructure on a variety of building types, including houses, businesses, industrial and agricultural.

As part of the Climate Action Plan 2019, my Department is currently undertaking a review of the solar panel exemptions, and is actively engaging with the Department of Environment, Climate and Communications as well as other key stakeholders, with a view to finalising a proposal for draft amending Regulations - to reflect, inter alia, technical developments in the sector. One of the key considerations of the review is to ensure that solar panels can be erected - subject to certain siting and size conditions - without the need to obtain planning permission, to facilitate more widespread generation of energy for self-consumption. Also included in this review are solar panel exemptions for educational and community buildings.

The main outstanding issue that remains to be addressed in the current review is the potential for "glint and glare" impacts for aircraft and the need to ensure that they do not result in any real or potential threat to aviation safety. Accordingly, my Department is presently engaging with the Department of Environment, Climate and Communications as well as the Irish Aviation Authority, in order to find a safe and workable solution in relation to this particular aspect of the review. The Department has begun the tendering process for this project, which will involve the development of aviation safeguarding maps for each airport/aerodrome in the country, and has received feedback from potential tenderers estimating a timeline of up to 9 months for its completion. As such, these maps, which are a fundamental aspect of any amendments to the exemptions, are expected to be finalised in Q3 2021.

In recognition of the length of time that it is expected to take to complete the aviation safeguarding maps, my Department has decided to adopt an interim measure which would allow the revised regulations to be introduced prior to the completion of these maps, but with defined exclusion zones around airports and aerodromes for solar installations. My Department is consulting with the Irish Aviation Authority on this matter, and is working towards the development of draft regulations in this regard, the precise details of which have yet to be finalised.

As required under planning legislation, any such proposed exempted development regulations must be laid in draft form before the Houses of the Oireachtas and receive a positive resolution from both Houses before they can be made. The draft regulations will also be subject to environmental assessment reporting considerations before being finalised and signed into force. The process for finalising the interim solar panel planning exemptions as referred to above, with exclusion zones around airports and aerodromes, is now expected to be completed by the end of Q1 2021. These interim regulations will allow for the vast majority of the country to be covered by the solar panel exemptions apart from those areas in close proximity to airports and aerodromes..

The overall process for updating the solar panel planning exemptions to include the completed aviation safeguarding maps for airports and aerodromes is still expected to be completed by Q4 2021.