Alice Whittaker Meitheal Na Gaoithe Workshop Windfarm Planning for the Future 17 May 2013

1. Alice WhittakerMeitheal Na Gaoithe WorkshopWindfarm Planning for the Future17 May 2013

2. 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

3. 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.”

4. Directive 2009/28/EC Art.13Member 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, non-discriminatory 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

5. Small WindSqueezed in the Middle? Micro Generation Exempted Development Reduced or No Development Contributions Small Wind Local Authority Planning Permission Appeal to An Bord Pleanala Full EIA and AA Full Development Contributions Larger SID Wind Projects An Bord Pleanala ‘One-stop-shop’ Full EIA/AA Full Development Contributions SID Application Costs

6. Planning and Development Act2000, 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)

7. Planning Guidelines - ReinforcedLegal 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 BordPleanala shall have regard to guidelines – lesser obligation

8. Statutory and non-statutory Wind Guidelines

9. 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

10. 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?

11. 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

12. 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

13. Methodology for Local AuthorityRenewable 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

14. 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

15. 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

16. 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)

17. 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 time-span, EIA must be re-done.

18. The planning policy contextEU Habitats and Windfarm Guidelines Wind Energy Developments and Natura 2000 EU Commission Guidelines with forward planning recommendations

19. 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

20. 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

21. Thank You!awhittaker@philiplee.ie01 2373700