The minister of state with responsibility for planning has poured cold water on a move by Green Party senators to bring forward a change in law that would scrap planning permission requirements for solar panels on farms.
Minister Peter Burke was responding to comments made this week by a Green Party TD who called on the minister to progress the legislation to make this change, which is currently before the Seanad.
On Tuesday (May 10), Green Party TD for Wicklow – and the party’s spokesperson on planning – Steven Matthews said: “Planning laws that restrict the use of solar panels on farms and other locations such as schools and community buildings have all but stopped development and need to be urgently overhauled.”
However, Minister Burke has said that the Green Party bill that is currently before the Seanad is contrary to EU laws and requirements on planning.
In a statement to Agriland, Minister Burke noted that he had already expressed these issues during a Seanad debate on the bill in February.
“It’s hard to understand why the Green Party would propose a bill which completely ignores our legally-binding environmental requirements,” he remarked.
“The Green PMB [private members bill], if enacted, would result in infringement proceedings by the European Commission against Ireland for non-compliance with the EU SEA [strategic environmental assessment] and habitats directive requirements,” the minister said.
“While acknowledging that the timeframe is frustrating, government must comply with all environmental requirements in EU directives or face strict penalties. This is part of our political process and how our laws are enacted.”
Minister Burke said that the government’s own exemption regulations for solar panels were sent for an SEA in April.
“The obligations under the Habitats Directive are onerous but we are working through the steps and this is taking top priority. Since April, we have prepared the scoping report to issue to the statutory environmental consultees. On April 28, we commenced the four-week statutory consultation with the environmental authorities,” the minister noted.
The consultation will conclude at the end of this month, he explained.
“The we must prepare the environmental report; have a four-week public consultation on the environmental report; and then finalise this on foot of the public consultation feedback.”
The regulations will then be placed before both houses of the Oireachtas and referred to debate in a joint Oirachtas committee, before being ratified by both houses and signed by the minister – but not before the full preparation of the SEA statement, according to Minister Burke.
“These are environmental obligations that are legally binding, and I would have thought my colleagues would be familiar with the processes involved,” he commented.
Minister Burke concluded: “I am fully behind getting these regulations to the joint Oireachtas committee [stage] as soon as possible. I would urge my colleagues to work with me on this process, rather than starting the entire process again with a new piece of legislation aimed at carrying out the same function.”