Alice Whittaker
Meitheal Na Gaoithe Workshop
Windfarm Planning for the Future
17 May 2013
Planning – What’s the problem?
• Planning requirements for ‘small wind’ not proportionate
• Procedural challenges (hurdles) and unnecessary complexity
• Time-delays, costs, uncertainty
• Apparent conflicts between Renewable Energy Policies and
Environmental / Planning Policies (at national and EU level)
• Inconsistency of approach, methodology, criteria and conditions
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European LAW
(i.e. not optional)
Directive 2009/28/EC (Art 13.1)
• “Member States shall ensure that any concerning the
authorisation, certification and licensing procedures that are
applied to plants and associated… infrastructures for the
production of electricity… from renewable energy sources… are
proportionate and necessary.”
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Directive 2009/28/EC Art.13
Member States shall ensure…
• Administrative responsibility for planning and other consents is
co-ordinated and defined
• Time-tables for decisions are transparent
• Procedural information is available at the appropriate level
• Procedures are streamlined and expedited
• Rules are objective, transparent, proportionate, nondiscriminatory and take fully into account the particularities of
individual renewable energy technologies
• Administrative charges are transparent and cost-related
• For smaller projects, consent procedures are simplified and less
burdensome
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Small Wind
Squeezed in the Middle?
Micro Generation
Exempted
Development
Reduced or No
Development
Contributions
Small Wind
Local Authority
Planning
Permission
Larger SID Wind
Projects
An Bord Pleanala
‘One-stop-shop’
Appeal to An Bord
Pleanala
Full EIA/AA
Full EIA and AA
Full Development
Contributions
Full Development
Contributions
SID Application
Costs
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Planning and Development Act
2000, as amended (s.10)
• “The Development Plan shall set out an overall strategy for the
proper planning and sustainable development of the area … and
shall consist of a written statement and a plan or plans indicating
the development objectives for the area in question.
• The Plan shall include objectives for the provision or facilitation of
the provision of infrastructure including… energy… facilities
Development objectives may be for purpose of “Reserving land for …
energy generation and for energy networks, including renewable
energy… and for ancillary facilities to service those networks”
(Schedule 1)
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Planning Guidelines - Reinforced
Legal Status (s.28, PDA)
• Planning authorities shall have regard to … [Ministerial] guidelines
in the performance of any of their functions: • Consider the policies and objectives contained in the guidelines
when preparing the development plan
• Prepare a statement to be appended to the development plan
which demonstrates how the policies and objectives have been
implemented in the development plan, or
• If the policies and objectives have not been implemented, explain
the reasons
• An Bord Pleanala shall have regard to guidelines – lesser
obligation
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Statutory and non-statutory
Wind Guidelines
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Wind Planning Guidelines
Statutory (covered by s.28 of the PDA 2000)
• Department of Environment Wind Energy Guidelines for Local
Authorities (2006) and proposed revisions
• EIA Guidelines, AA Guidelines
Non-statutory (not covered)
• SEAI LARES Methodology Guidelines
• SEAI Wind Energy Roadmap to 2050 identifies “Need for clear and
co-ordinated national planning policy approach and
implementation”
• IWEA Wind Energy Guidelines
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DoE Wind Guidelines
• Assessment of individual projects to be conducted within plan-led
approach
• Identify areas in the development plan where wind energy is
acceptable in principle
• Identify the criteria to be applied when considering applications
for permission for wind energy projects in that area
• Guidelines specifically mention the potential for locally-owned,
small scale wind farms, whether located within the identified
areas and also in other non-specified areas
• Why are these Guidelines not being applied consistently and
effectively?
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National Renewable Energy
Action Plan
• NREAP is dependent on effective forward / development planning
• In relation to Article 13 – refers to the existing planning and
licensing rules (no indication of further improvements)
• “We are currently 640MW behind where … we should be in 2012…
Our 2020 target will not be achieved without an increase in wind
energy build from an historic average of 180MW per year to at
least 250MW per year. Clearly the timely development of a
healthy pipeline of potential wind projects is essential if Ireland’s
2020 renewable electricity targets are to be achieved” Minister
Rabbitte, 27 March 2013 at IWEA Conference
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Government Strategy for
Renewable Energy 2012 – 2020
Strategic Goal 1 : Progressively more renewable electricity from
onshore and offshore wind power for the domestic and export
markets
Actions include:
Take forward the Local Authority Renewable Energy Strategies
template being developed by SEAI through working with and local
authorities to assist in developing Local Authority Renewable
Energy Strategies for renewable energy development
commensurate with spatial planning and environmental needs
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Methodology for Local Authority
Renewable Energy Strategies
• Step-by-Step plan-led approach for local authorities
• Aims to achieve greater consistency across all local authorities
• Confirms many aspects of DoE Guidelines with regard to
identifying areas where projects would be acceptable in principle,
and promoting small scale and community-based projects
• In addition, there is recognition that LA.s may not have resources
to go it alone, recommendation to consult with RES with other
local authorities in the region
• Project manager for RES should have sufficient status
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Why not?
• Renewable Energy Strategies based on Regions rather than LA
administrative areas ( like water and waste) - inter-authority
agreements / lead authority under Local Authority Acts
• Appoint Renewable Energy / Energy Efficiency Officer to every
Regional Authority, with specific statutory functions to give effect
to EU Directives on Renewable Energy and Energy Efficiency
• Instead of identifying areas where RE is ‘acceptable in principle’,
identify areas where RE is given priority status (subject to EU
environmental laws)
• Standardise planning conditions as per Fifth Schedule to PDA 2000
• Clarify Guidelines on Development Contributions
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Environmental Impact
Assessment (EIA)
Directive 2011/92/EU
• Thresholds approach in Ireland
Installations for the harnessing of wind power for energy production
(wind farms) with more than 5 turbines or having a total output
greater than 5 megawatts
• Alteration of thresholds possible, once all projects likely to have a
significant effect on the environment are subject to prior EIA
process.
• Emphasis on appropriate and effective screening of projects – no
project should be exempted as a class
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Environmental Impact Assessment
Proposals for a new Directive (1)
• Commission Proposal for an amended Directive – 26 October 2012
• Rapporteur Zanoni report on the proposal, with recommended
amendments to the Commission’s proposal – 11 April 2013
• Key changes:
– Public participation (Screening and Full EIA) - as soon as
information about the project can reasonably be provided
– Conflicts of interest – Public bodies cannot EIA their own
projects (including publicly commissioned projects)
– Time-limits for decision making (3 months + 3 months)
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Environmental Impact Assessment
Proposals for a new Directive (2)
• Key changes (continued):
– One-stop-shop – Avoid multiple EIA/assessing bodies
– Greater emphasis on assessing all reasonable alternatives and
choosing the option with least environmental impact
– Technically competent experts (with guarantees) – on
developer and competent authority side – and committees of
national experts to assess and verify the EIS findings
– Health Risk Assessments - for screening and full EIA
– Significant Adverse Effects – back to the drawing board
– Monitoring and corrective action – big cost/risk impacts
– EIA – valid for 5 years. If project not completed in this timespan, EIA must be re-done.
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The planning policy context
EU Habitats and Windfarm Guidelines
Wind Energy
Developments
and Natura 2000
EU Commission
Guidelines
with forward planning
recommendations
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Other recent (potentially +ive)
developments
• Appointment of Planning Regulator to ensure that forward
planning decisions are evidence-based
• Obligation to complete and comply with Core Strategies – Plan led
approach
• Local Authority Reforms - Regional / National Approach
• LA Guidelines on development contributions recommend reduced
amounts for smaller RE projects
• EU Commission is actively looking at challenge of aligning
Biodiversity and RE Policies and Objectives
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Planning Forum –
The Bigger Picture
•
•
•
•
Who would be on it?
What is its mandate?
What powers will it have?
Who will listen?
Design a fit-for purpose authorisation, certification and licensing procedure that
complies with Article 13 of Directive 2009/98/EC
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Thank You!
awhittaker@philiplee.ie
01 2373700
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