That we, Councillors, agree that the only way to reverse the granting of planning permissions for gross wind-farm development on our mountain tops is that we agree among ourselves to place an amendment into the current County Development Plan forbidding all such gross developments in future and that we insist that this ban be carried forward into the new County Development Plan. Also, that this motion be forwarded to Sligo Co Council.

To consider the following Notice of Motion submitted by Councillor Des Guckian;

"That we, Councillors, agree that the only way to reverse the granting of planning permissions for gross wind-farm development on our mountain tops is that we agree among ourselves to place an amendment into the current County Development Plan forbidding all such gross developments in future and that we insist that this ban be carried forward into the new County Development Plan. Also, that this motion be forwarded to Sligo Co Council."

Report by Director of Services for Economic Development, Planning, Environment and Transportation.

"The Members will be aware that the functions of the Planning Authority, whether through providing the policy framework for development within the County in the form of the County Development Plan, or the regulation of development in the County, through the planning application process, operate within the legislative framework of the Planning and Development Act 2000, as amended.

Within this legislative framework, the Planning Authority is required to ensure its County Development Plan is consistent, with national and regional development objectives set out in the National Planning Framework (NPF) and the Northern and Western Regional Spatial and Economic Strategy (RSES) respectively, and with specific planning policy requirements (SPPRs) specified in guidelines issued by the Minister under Section 28 of the Act, including the Interim Guidelines for Planning Authorities on Statutory Plans, Renewable Energy and Climate Change (2017).

Members will also be aware of the role of the Office of the Planning Regulator (OPR) and its oversight functions which include the independent assessment of Local Authority development plans and the provision of statutory observations and recommendations to Local Authorities, to ensure consistency with relevant national or regional policies such as those provided for in the NPF, the RSES and within Section 28 guidelines.

In respect of the proposed motion, the Interim Guidelines for Planning Authorities on Statutory Plans, Renewable Energy and Climate Change (2017) contains a specific planning policy requirement (SPPR) requiring development plans policies or objectives that relate to wind energy development to: (1.) acknowledge overall national policy on renewable energy; (2.) indicate how the implementation of the relevant development plan over its effective period will contribute to realising overall national targets on renewable energy and climate change mitigation, and in particular wind energy production and the potential wind energy resource (in megawatts); and (3.) demonstrate detailed compliance with item number (2) above in any proposal to introduce or vary a mandatory setback distance or distances for wind turbines from specified land uses or classes of land use into their development plan or local area plan with such proposals subject to environmental assessment requirements under the SEA and Habitats Directives.

Set within this context, the proposed motion to vary the County Development Plan would render the County Development Plan inconsistent with this SPPR and would, in all likelihood, be the subject of a statutory recommendation from the OPR to remove any such variation and have the strong potential to be the subject of a Ministerial Direction to comply.

This view is supported by a number of cases specifically concerning wind energy policy whereby the Minister has directed local authorities to take specific measures to significantly amend or even delete policy material in their respective development plans which has been deemed to be inconsistent with national, regional policies (NPF and RSES) and specific planning policy requirements (SPPRs) set within Section 28 guidelines. These include:

•          Westmeath County Development Plan 2021-2027 – wind energy policies deemed to be inconsistent with the Specific Planning Policy Requirement contained in the Interim Guidelines for Planning Authorities on Statutory Plans, Renewable Energy and Climate Change (July 2017).

•          Laois County Development Plan 2017-2023 – wind energy policies and associated Wind Energy Strategy were deemed inconsistent with Section 28 guidelines with insufficient grounds for such departures.

•          Wicklow County Development Plan 2016-2022 – direction required the deletion of an objective referring to a minimum set-back for wind energy development.

•          Variation No.1 of the Westmeath County Development Plan 2014-2020 – direction required the deletion of text from the variation limiting night-time noise from wind energy developments, which departing from noise limits established in the Section 28 guidelines for wind energy development.

Members should also note that any potential direction may have a significant bearing on the ability of the Planning Authority to transpose national and regional policy in respect of wind energy development in its functional area, given the specificity of previous directions issued by the Minister in this regard. Effectively, this runs the risk of local wind energy policy being imposed on the Planning Authority rather than allowing the Planning Authority to determine its own policies and objectives for such development by its interpretation with."

Councillor Des Guckian gave the background to his motion and said the reply received in this regard is to frighten the elected members and to deny them their rights.  Councillor Guckian said that the only way to reverse the granting of planning permissions for gross wind-farm development on our mountain tops is for the members to  agree among themselves to place an amendment into the current County Development Plan forbidding all such gross developments in future and that we insist that this ban be carried forward into the new County Development Plan.  Councillor Guckian proposed that this motion be forwarded to all Local Authorities. 

Councillor Justin Warnock supported the motion referring to powers to override everything -  fracking, forestry and  wind turbines. Councillor Justin Warnock said our mountains are not suitable for these wind turbines and they  should be located out at sea.  He stated that the Council cannot sit back and  have to “take a stand”.

Councillor Brendan Barry said the motion is very vague.  He outlined that  wind farms have a place however the national standards in terms of set back from houses don’t go far enough, and they need too be more specific.

Councillor Enda McGloin outlined he agreed with Councillor Barry comments and as Chairperson of the Leitrim Tourism Network he understood the concerns in relation to the impact of large turbines on Leitrim tourism. He referred to the reply given to the motion -  “that the proposed motion to vary the County Development plan would render the County Development Plan inconsistent with this SPPR and would, in all likelihood, be the subject of a statutory recommendation from the OPR to remove any such variation and have the strong potential to be the subject of a Ministerial Direction to comply” – and outlined the need to be realistic given that the  County Development Plan must be compatible with National Guidelines and until such time as these are addressed, the  motion is futile.

Councillor Padraig Fallon said guidelines need to be more specific and he proposed that wind turbines be setback at least 10 times the tip height of the turbine.

Councillor Sean McDermott expressed his concerns about the height and number of wind turbines and that there is a bigger danger of mud slides due to a lot of bog being disturbed as a result of them being erected.  Councillor McDermott noted that the guidelines for wind turbines have not been updated for many years.

Mr Joseph Gilhooly outlined that the  reply to the motion is not to frighten anyone. It sets out the legislative framework under which the Planning Authority is required to ensure its County Development Plan is consistent with national and regional development objectives and with specific planning policy requirements. The Minister for Housing, Local Government and Heritage has previously directed local authorities to take specific measures to significantly amend or even delete policy material in their County Development Plans which has been deemed to be inconsistent with national and regional policies and specific planning policy requirements, as stated in the reply to Cllr Guckian’s motion.

Mr Gilhooly said any move to prohibit wind farm development as suggest by this notice of motion is therefore not legally possible. Mr Gilhooly stated there is no evidence to suggest the Shass Mountain landslide is related to the construction of wind turbines.

Mr Bernard Greene, Senior Planner said it is the recommendation of the executive to adhere to the existing national policy and guidelines All constraints identified in the County Development Plan are taken into account when a planning application is being considered.

The Draft Wind Energy Guidelines require maps to be produced which show permissible zones with the county for wind turbines.  A traffic light system of green, amber and red to guide potential applications for such wind farm developments will be proposed in the next draft County Development Plan which will take into account environmental and other factors.

Mr Greene said the proposal to set wind turbines back 10 times the tip height from dwellings would in effect render the county not suitable for wind turbines. The national guidelines recommends 4 times the tip height or 500 metres from the nearest habitable property.

Mr Bernard Greene sought the members forbearance on this issue. He said Leitrim Planning Authority will look for a 6-month extension in the preparation of the County Development Plan and will have proposals in relation to wind energy in the preliminary draft County Development Plan which will be presented to members in September 2021. It was considered that this was the correct forum in which to debate this issue.

Mr Joseph Gilhooly acknowledged that the motion was supported, the legal position precludes the action sought as it not realistic and contrary to the legislative framework and in this regard, it is inadvisable to progress with a decision which could ultimately remove the members input into the County Development plan by receipt of Ministerial instruction in regard to this policy area. He recommended that the members retain that input by adhering to the national policies and guidelines and reflect these within the County Development Plan.

Cllr Des Guckian stated that there is a government directive that the County Development Plan can be put off for a year  and that the Senior Planner has told members they have no power in amending the County Development Plan, as sought.

Mr Joseph Gilhooly clarified that some additional time will be sought to in the preparation of the County Development Plan. A draft Preliminary County Development Plan, which will contain proposals on this matter, will be with members by September for detailed discussion and deliberation at that time.

Councillor Enda McGloin outlined that in light of the response and  clarification provided any discussion on this process is premature and the matter  should be deferred until the draft development plan is circulated to members.