Richard Bruton (Dublin Bay North, Fine Gael)
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174. To ask the Minister for Housing, Planning, and Local Government if he will provide an update on the planning regime designed to make it easier to develop renewable energy; and if he will make a statement on the matter. [2838/23]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I wish to explain at the outset that my role as Minister in relation to the planning system is primarily to provide a policy and legislative framework under which the planning authorities, An Bord Pleanála (the Board) and the Office of the Planning Regulator (the OPR) perform their statutory planning functions. The legislative framework chiefly comprises the Planning and Development Act, 2000, as amended (the 2000 Act), and the Planning and Development Regulations, 2001, as amended (the 2001 Regulations). My Department has also issued Planning guidelines (available on my Department’s website www.housing.gov.ie) under section 28 of the 2000 Act, which planning authorities and the Board are obliged to have regard to in the exercise of their planning functions.

In making decisions on a planning application, a planning authority, or the Board as appropriate, must consider the proper planning and sustainable development of the area having regard to the provisions of the development plan, any submissions or observations received from the public and the statutory consultees, and any relevant Ministerial or Government policies as well as any guidelines issued by my Department.

In this regard, the Government launched the National Energy Security Framework (NESF) in April 2022. Under Response 25 of the NESF, the Government has committed itself to align all elements of the planning system to fully support accelerated renewable energy developments, including providing clarity and certainty on regulatory decision making timelines. My Department is working in conjunction with the Department of the Environment, Climate and Communications (DECC), who lead on the NESF, to deliver on the objectives set out in Response 25 of the NESF; this is being further considered in the context of the Draft Planning and Development Bill 2022 referred to below.

In addition to the NESF, the Climate Action Plan (CAP), 2023 sets out an ambitious course for national decarbonisation to deliver a scale-up in emissions performance across all sectors over the coming decade to meet 2030 targets and to set a trajectory to achieve net zero by 2050.

Further to the CAP, the National Planning Framework (NPF) confirms that the planning process provides an established means through which to implement and integrate climate change objectives, including adaptation, at local level and the transition to a low carbon and climate resilient society. The NPF further underpins this approach by stating that "in addition to legally binding targets agreed at EU level, it is a national objective for Ireland to transition to be a competitive low carbon, economy by the year 2050". The first revision of the National Planning Framework will commence in Q1 2023.

The three Regional Spatial and Economic Strategies (RSES) also echo the importance of climate action and each contain a number of policy objectives in order to ensure emissions can be reduced and targets met. Based on the indicative targets for onshore wind energy and grid-scale solar deployment, DECC proposes to set out a target for the total onshore capacity that should be planned for on a national and regional level. It is intended that the Regional Assemblies will be required to develop and implement regional renewable electricity strategies based on the overall national targets, renewable energy objectives contained in each of the RSESs, with the support of relevant guidance.

Under the relevant provisions of the 2000 Act, local authorities prepare development plans and local area plans to set out the planning policies and objectives for their respective functional areas. A programme of development plan review is currently underway in order to achieve consistency of approach with the NPF and the RSESs adopted by the three Regional Assemblies. National renewable energy policy objectives, and those set out in the regional strategies, are required to be reflected in County Development Plans. The Sustainable Energy Authority of Ireland (SEAI) published a Methodology for Local Authority Renewable Energy Strategies (LARES) in 2013 to assist local authorities in this regard. This methodology is currently being reviewed, with input from relevant bodies, to provide a best practice approach to identifying and assessing renewable energy resources in spatial planning at local authority level.

In addition, section 10(2) of the 2000 Act sets out the development objectives that must be included in the development plan of each local authority and are therefore ‘mandatory’ requirements. These plans, which are adopted by the elected members of the local authority, are subject to review and evaluation by the Office of the Planning Regulator (OPR) to ensure consistency with national planning policy and guidance. Where matters arise in relation to consistency with national policy, further to a recommendation by the OPR, the Minister may decide to issue a planning authority with a Ministerial Direction under Section 31 of the 2000 Act, if it is considered that a plan has failed to set out an overall strategy for the proper planning and sustainable development of an area.

It should be further noted that planning authorities and An Bord Pleanála, under sections 34 and 143 of the 2000 Act respectively, are required to have regard to the objectives of Development Plans and any policies of Government or Guidelines issued with respect to climate targets which are relevant at the time of making a decision on a proposed development.

In addition to the foregoing, the Draft Planning and Development Bill 2022, approved by Government on 13 December 2022, will deliver a range of improvements to assist the delivery of renewable energy infrastructure, in particular by:

1. alignment of the plan making hierarchy to ensure greater consistency between national policy and local implementation;

2. the introduction of statutory mandatory timelines for all consent processes, including An Bord Pleanála. For An Bord Pleanála processes, timelines are being introduced for appeals as well as the various consent applications made directly to the Board, including Strategic Infrastructure Developments. These timelines will be introduced on a phased basis, starting with Strategic Infrastructure Developments, including energy projects;

3. timelines will also be introduced for the various steps in the Judicial Review process including for pleadings, hearing of cases and delivery of judgements by the court;

4. the new Bill will also increase clarity on the integration of the scope and role of environmental assessments into plan making functions and the consenting process, with all provisions reviewed to ensure alignment with relevant EU Directives whilst endeavouring not to be unnecessarily complex through overly-intricate national provisions; and

5. processes for projects of Imperative Reasons of Overriding Public Interest (IROPI) have also been reviewed to better reflect the intent of the Habitats Directive.

The Planning and Development Bill 2022 will be published on my Department’s website this week. It will then be sent to the Oireachtas for pre-legislative scrutiny.

As an example of a practical measure already implemented by my Department to make it easier to develop renewable energy, significant planning exemptions were signed into law in October 2022 for solar installations on existing buildings which will have a significant benefit to the roll-out of renewable electricity on domestic and other buildings in the State.

My Department continues to manage and monitor the overall national planning system having regard to Government policy, to ensure that it is robust and fit for purpose and facilitates the development of renewable energy, in line with proper planning and sustainable development.