Marian Harkin (Sligo-Leitrim, Independent)
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325. To ask the Minister for Housing, Planning, and Local Government to clarify, in the context of a review of solar panel planning exemptions, if planning permission is required for the installation of solar PV panels on listed buildings (details supplied); and if he will make a statement on the matter. [48640/22]

Peter Burke (Longford-Westmeath, Fine Gael)
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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 planning exemptions 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 to which specific conditions are attached.

My Department, in the context of the Climate Action Plan and in consultation with the Department of Environment, Climate and Communications, has undertaken a review of the solar panel planning exemptions set out in the Regulations, with a particular focus on facilitating increased self-generation of electricity. This review is now complete. Substantial changes to the current planning exemption thresholds for solar panels are proposed, including those relating to the installation of solar panels on the roofs of houses, as well as the introduction of new classes of solar panel planning exemptions for apartments and educational/community/sports buildings.

The matter of solar development and the potential impact on protected structures has been a primary consideration of my Department throughout the development of the draft regulations.

Both the Act and the Regulations contain provisions for the protection of, inter alia, protected structures by way of restrictions on exempted development. These provisions apply to the current solar planning exemptions and have not been amended as part of the current review.

Section 57 of the Act clarifies the position with regard to planning exemptions for protected structures to provide that “[...] the carrying out of works to a protected structure, or a proposed protected structure, shall be exempted development only if those works would not materially affect the character of: (a) the structure, or (b) any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest”.

In addition, article 9 of the Regulations provides that development shall not be exempted development if it would, inter alia, “consist of or comprise [...] the excavation, alteration or demolition...of places [...] of archaeological, geological, historical, scientific or ecological interest, the preservation, conservation or protection of which is an objective of a development plan [...]”.

With regard to what would materially affect the character of a protected structure and any uncertainty as to when planning permission is required, a person may contact the relevant planning authority and seek a declaration under section 5 of the Act that will confirm the position. In addition, a declaration in relation to a protected structure may be sought under section 57 of the Act by the owner or occupier of the structure.

It will be open to any person to seek planning permission for proposed development affecting a protected structure. Buildings of architectural heritage significance have their role to play in climate change mitigation and there will be cases where the installation of solar panels will be acceptable but this is a matter for the planning authorities to decide on a case-by-case basis, either through the declaration processes or the planning system.

Under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular case in which a planning authority or the Board is or may be concerned, except in very specific circumstances, which do not apply in this case.

As required under planning legislation, the 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. In this regard, the process for finalising the solar regulations has commenced and is expected to be completed imminently.