Abbreviated form of legal source
- Planning and Development Act
- Planning and Development Regulations
Description of the process
The planning application for both wind and solar energy is submitted to the planning authorities (sec. 34 Planning and Development Act). Firstly, the notice of application is issued by the project developer, informing any interested party about the possibility to inspect the application (art. 17 Planning and Development Regulations). The publication in a newspaper and the erection of a notice at the project site are also foreseen (art. 18 & 19 Planning and Development Regulations). Then, the application is submitted to planning authority that contains other necessary documents such as the Environmental Impact Assessment - EIA Report, the Natura Impact Statement- NIS, and pre-consultation decisions (art. 22 Planning and Development Regulations).
After receiving the application, the planning authority may consult other prescribed bodies on the application submission (art. 28 Planning and Development Regulations). In addition, a public consultation which lasts 5 weeks is open for comments by any interested party (art. 29 Planning and Development Regulations). The examination of the application is included in the weekly list of the planning authority (art. 27 Planning and Development Regulations).
Based on the report prepared by the chief executive of the planning authority, the planning authority issues a decision on the planning permission (sec. 34 (10) Planning and Development Act). The authority can either grant or refuse permission or grant permission under certain conditions.
For SID projects, the planning application is submitted directly to An Bord Pleanála. The project developer first publishes a notice of the prospective application that includes details of the application and accompanied documents (EIA Report and NIS art. 214 Planning and Development Regulations). In addition, any prescribed bodies are separately informed (art.214 Planning and Development Regulations) and can submit their comments and objections (art. 213 Planning and Development Regulations). Then, the date when the application will be examined is included in the weekly list.
Prior to the examination of the application by An Bord Pleanála, the local planning authority is required to prepare and submit a report (sec. 37E Planning and Development Act), describing the opinion of the local planning authority on the project (sec. 34(2) Planning and Development Act).
An Bord Pleanála issues a decision on the planning permission (37G Planning and Development Act). Four decisions are possible: permission with or without condition, permission with specified modifications (with or without conditions), permission in part (with or without conditions) or permission refusal.
Planning permission has a duration of 5 years (sec. 40 Planning and Development Act). One extension for max. 5 years is also possible (sec. 42 Planning and Development Act).
With regard to offshore energy, the planning application is expected to be similar to the SID planning application, i.e., an application to An Bord Pleanála.
Competent authority
- Local Planning Authorities
- An Bord Pleanála