Jackie Cahill (Tipperary, Fianna Fail)
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132. To ask the Minister for Housing, Planning, and Local Government the process by which an individual may submit an objection or observation on a development seeking planning permission change under the Planning and Development Bill 2023; the changes from current legislation that will be implemented in this regard; and if he will make a statement on the matter. [39209/24]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Under the Planning and Development Act 2000 (Act of 2000) if a person wishes to seek an alteration of a permission from the planning authority they submit an application under section 34 of the Act. Applications for permission under section 34 are subject to a 5 week period for public submissions or observations under Article 29 of the Planning and Development Regulations 2001. Under section 146B to 146D of the Act of 2000, a person may request the Board to amend a permission granted by them. The Board must decide if the request constitutes a material alteration or not. If the Board decides the request is not a material alteration, they shall alter the permission accordingly. The Board may invite submissions before making this decision. If the request is a material alteration, the Board requests specified information and require the person who made the request to make information available for inspection and invite submissions for such period as the Board determines.

Under the Planning and Development Bill 2023 (the Bill), an alteration of a permission by both the planning authority and An Coimisiún Pleanála (The Commission) is provided for in Chapter 5 of Part 4. These alteration request procedures are similar to the procedures in section 146B to 146D of the Act of 2000 in that a person may request an alteration and the planning authority or the Commission must decide if the request constitutes a material alteration or not. If they decide the request is not a material alteration, they shall alter the permission accordingly. They may invite submissions before making this decision. If the request is a material alteration, the planning authority or the Commission request specified information and the person who made the request shall comply with such requirements to give notice of the request to the public as may be prescribed. The Bill additionally allows for the planning authority or the Commission to request further information on an alteration request and if the information received contains additional material information it must be made available to the public and allow for submissions within such period as may be prescribed. Procedures around making submissions or observations will be dealt with in the Regulations.

Jackie Cahill (Tipperary, Fianna Fail)
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133. To ask the Minister for Housing, Planning, and Local Government if there is a minimum setback distance for anaerobic digestors, similar to wind turbines; if so, the distance; and if he will make a statement on the matter. [39210/24]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Minister for Housing, Local Government and Heritage, has responsibility for the overall development of national planning policy and legislation.

Anaerobic digestors require an application for planning permission in accordance with section 34 of the Planning and Development Act 2000, as amended. This ensures that planning authorities can give proper consideration to a range of factors, including location, visual impact, land-zoning plans, and ecology.

There are no specific requirements set out under planning policy and legislation in relation to anaerobic digestors, therefore it is a matter for the relevant planning authority to consider each application on a case by case basis.

However, as committed to in the published National Biomethane Strategy which was published by my colleagues the Minister for Environment Climate and Communications and the Minister for Agriculture, Food and the Marine in May 2024, the Biomethane Implementation Group is to develop guidelines to support planning authorities when assessing planning applications for anaerobic digestors and biorefineries.