Written answers

Tuesday, 18 May 2021

Department of Housing, Planning, and Local Government

Strategic Infrastructure

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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356. To ask the Minister for Housing, Planning, and Local Government if battery energy storage system developments are fast-tracked for planning purposes given they are treated as strategic infrastructure in the planning process; and if he will make a statement on the matter. [26087/21]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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The Seventh Schedule of the Planning and Development Act 2000, as amended (the Act) prescribes infrastructure developments for the purposes of sections 37A and 37B of the Act, for which planning applications in respect of projects referred to as Strategic Infrastructure Developments (SID) are made directly to An Bord Pleanala. Battery energy storage systems are not specifically listed as SID projects in the Seventh Schedule of the Act.

However, if an applicant considers that their proposed development which, may or may not include battery energy storage systems, comes within the ambit of the Seventh Schedule, Section 37B of the Act requires that a person who proposes to apply for permission for any development specified in the Seventh Schedule shall, before making the application, enter into consultations with the Board in relation to the proposed development. Following discussion with the Board, if the Board is of the opinion that the proposed development does or does not fall within the Seventh Schedule, it shall serve a notice in writing on the prospective applicant stating that it is of that opinion.

Where the Board is of the opinion that a proposed development comes within the ambit of the Seventh Schedule, a planning application for same is made directly to the Board under Section 37E of the Act. Under Section 37J of the Act, the Board has a statutory objective period of 18 weeks, beginning on the last day for making submissions or observations by the public or prescribed bodies, to make decisions on SID applications.  Where the Board does not consider it possible or appropriate to reach a decision within 18 weeks (e.g. because of the particular complexities of a case or the requirement to hold an oral hearing), it will inform the parties of the reasons for this, and will indicate when it intends to make its decision.

Where the Board is of the opinion that a proposed development does not come within the ambit of the Seventh Schedule and requires planning permission, a planning application must be made to the relevant planning authority in whose functional area the proposed development would be located. When such a planning application is subsequently made to a planning authority, under Section 34(8) of the Act, the planning authority must make a decision within eight weeks of receiving a valid application where no further information is requested from the applicant. A decision of a planning authority on a planning application may be appealed to An Bord Pleanala within 4 weeks of the decision. Under section 126 of the Act, the Board has a statutory objective period of 18 weeks to make a decision on any appeal.

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