Public Consultation on the Draft Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2022 and the Draft Planning and Development (Solar Safeguarding Zone) Regulations 2022- Solar Exemptions

Update: This consultation has been concluded and the SEA Environmental Report has been finalised having regard to the submissions received.

Peter Burke, T.D., Minister of State for Local Government and Planning has published the Draft Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2022 and the Draft Planning and Development (Solar Safeguarding Zone) Regulations 2022 for public consultation.

The Department has concluded a review of the solar panel planning exemptions set out in the Planning and Development Regulations 2001 (the Principal Regulations), with a particular focus on facilitating increased self-generation of electricity.

Draft regulations have been prepared which propose the removal of the rooftop square metre based limits which currently apply in the Principal Regulations, and to instead allow more extensive coverage, subject to certain conditions as well as restrictions in certain areas.

In light of the potential threat to aviation safety arising from increased solar development, 43 solar safeguarding zones have been identified within which a rooftop square metre will continue to apply to all classes of development other than houses. Solar installations covering the entire roof of houses in all parts of the country, including those within solar safeguarding zones, are proposed to be exempted under these draft regulations subject to conditions requiring the installation to be a minimum distance from the edge of the roof.

Notwithstanding the introduction of solar safeguarding zones for all classes of development other than houses, the rooftop square metre limit within these areas has been increased to 60sqm. It is open to anyone seeking to avail of larger rooftop solar installations within solar safeguarding zones to apply for planning permission.

Also included in the proposed expansion of the Regulations is the addition of two new classes of development relating to apartments and educational/community/religious buildings.

In accordance with EU Directive 2001/42/EC and the European Communities (Environmental Assessment of Certain Plans and Programme) Regulations 2004 (S.I. No. 435 of 2004), as amended, Strategic Environmental Assessment (SEA) has been carried out on the Draft Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2022 and the Draft Planning and Development (Solar Safeguarding Zone) Regulations 2022-, and its findings are presented in an Environmental Report.

The emerging Draft Regulations were screened for Strategic Environmental Assessment and the next stage of SEA process involved consultation on the Scoping for the Environment Report, which informed the preparation of this Environmental Report.

In accordance with European Communities (Birds and Natural Habitats) Regulations, 2011 (S.I. No. 477), as amended, the Draft Regulations were also screened for Appropriate Assessment.

Written submissions on the proposed regulations or the Environmental Report prepared as part of the Strategic Environmental Assessment process can be made by email, preferably in ‘word’ format, to SolarSEA@housing.gov.ie.

Alternatively, responses can be posted to:

Solar SEA Submissions

Planning Policy and Legislation Section

Department of Housing, Local Government and Heritage

Custom House

Dublin 1

D01 W6X0.

Submissions should be made by one medium only, either electronic or hard copy.

If you wish to view the consultation documents in person, hard copies are available for public inspection at the Department of Housing, Local Government and Heritage, Custom House, Dublin 1 between 9am and 5pm.

The closing date for the receipt of submissions is no later than 5:00 p.m. on 13 July 2022.

All submissions submitted to the Department for this purpose are subject to the Freedom of Information Act 2014, and the European Communities (Access to Information on the Environment) Regulations 2007- 2014, and Data Protection legislation.

Personal, confidential or commercially sensitive information should not be included in your submission and it will be presumed that all information contained in your submission is releasable under the Freedom of Information Act 2014.

Please note that submissions received may be made available on the Department’s website, unless otherwise requested. In any event, all submissions received will be subject to the provisions of the Freedom of Information Act and Data Protection legislation. See also the Privacy Statement.

The final SEA Environmental Report and Non-Technical Summary are available below: