A presentation to the Irish Planning Institute National Planning Conference, 14-15 April 2016

1. Transboundary Developments
EIA and Planning
Sharing experience of working on wind energy projects in Ireland and
Northern Ireland
Presentation to Irish Planning Institute National Conference, April 14-15 2016
Laurie McGee BA MA MIPI MRTPI

2. Energy Policy
• Policy imperative to reduce carbon emissions, increase security of supply
and sustainability of energy, and create a competitive electricity market
• By 2050 80% reduction in greenhouse gas (GHG) emissions below 1990
levels
• Renewable energy targets - 40% of renewable electricity by 2020
• By 2014 Ireland and Northern were only about halfway to meeting the
2020 targets
• Wind energy - proven technology, significant contribution
• Proactive planning policy in Ireland
• Promotive planning policy in Northern Ireland
Presentation to Irish Planning Institute National Conference, April 14-15 2016
Laurie McGee BA MA MIPI MRTPI

3. Espoo Convention 1991
‘Transboundary Convention’
• UN Economic Commission for Europe treaty
• States are obliged to notify and consult each other on all major projects under consideration
that are likely to have a significant adverse environmental impact across boundaries.
• Major projects – i.e. gas pipelines, roads, electricity infrastructure.
• Transposition
• EU - Directive 97/11/EC
• Ireland - Part 10 of the Planning and Development Regulations 2001
• Northern Ireland - Planning (Environmental Impact Assessment) (Amendment No.2)
Regulations (Northern Ireland) 2008
• Aarhus Convention 1998
• Access to information, public participation in decision-making and access to justice in
environmental matters
Presentation to Irish Planning Institute National Conference, April 14-15 2016
Laurie McGee BA MA MIPI MRTPI

4. EU EIA Directive Transboundary Procedure
• Notification / awareness of a proposed development
• Agree to engage
• Provision of information
• Public notice and participation
• Consultations - potential transboundary effects of the project
and the measures envisaged to reduce or eliminate such effects
• Agree reasonable time frames
• Consider information and results of consultations
• Notification of decision
Presentation to Irish Planning Institute National Conference, April 14-15 2016
Laurie McGee BA MA MIPI MRTPI

5. Transboundary Convention - Ireland
Section 174 of the Planning Act 2000 (as amended)
• Proposals in another Member State
• “…shall have regard, where appropriate, to the views of any Member State … in
relation to the effects on the environment of the proposed development”.
• “… may, following the consideration of any submissions or observations received or
any consultations entered into …, impose conditions on a grant of permission in order
to reduce or eliminate potential transboundary effects of any proposed
development”.
Presentation to Irish Planning Institute National Conference, April 14-15 2016
Laurie McGee BA MA MIPI MRTPI

6. Transboundary Convention - Ireland
Chapter 5 - Planning and Development Regulations 2001 (as
amended)
• Proposals in Ireland
• Local authorities and the Board for planning approvals, appeals and strategic
infrastructure
• Where in its opinion a development would be likely to have significant effects on
the environment in a transboundary State
• Notification of Minister
• Request for further information - matters raised by the transboundary
consultations
• “… a decision will not be taken on the proposed development until the views, if
any, of the transboundary State have been received or the consultations are
otherwise completed…”
Presentation to Irish Planning Institute National Conference, April 14-15 2016
Laurie McGee BA MA MIPI MRTPI

7. Transboundary Convention – Northern Ireland
Part 7 - The Planning (Environmental Impact Assessment) Regulations
(Northern Ireland) 2015
• Proposals in Northern Ireland and another EEA state
• Local authorities and the Department of the Environment for planning approvals
and the Board for planning appeals
• Publication in the Belfast Gazette
• Reasonable time period
Presentation to Irish Planning Institute National Conference, April 14-15 2016
Laurie McGee BA MA MIPI MRTPI

8. Planning and EIA on the border
• International land boundary 500km
• 5 planning authorities in the Republic of Ireland
• Donegal, Leitrim, Monaghan, Cavan and Louth
• 5 new planning authorities in Northern Ireland
• Derry City & Strabane, Fermanagh & Omagh, Mid-Ulster, Newry Mourne &
Down, Armagh City, Banbridge & Craigavon
• Causeway Coast & Glens shares a border with Donegal on Lough Foyle
Presentation to Irish Planning Institute National Conference, April 14-15 2016
Laurie McGee BA MA MIPI MRTPI

9. Planning Policy and Guidance
Ireland
• Local development plans
• Regional planning guidelines
• National Planning Framework (in
preparation)
• Wind Energy Guidelines 2006
• Energy White Paper Dec 2015
Northern Ireland
• Area plans
• Strategic Planning Policy Statement
(SPPS), September 2015
• Planning Policy Statement 18:
Renewable Energy (PPS 18) & Best
Practice Guidance, Aug 2009
• PPS 18 Supplementary Planning
Guidance, Aug 2010
• PPS 2 Natural Heritage
• Strategic Energy Framework (under
review)
Presentation to Irish Planning Institute National Conference, April 14-15 2016
Laurie McGee BA MA MIPI MRTPI

10. Pre-application
• Scoping and consultation
• Agencies
• Communities
• EIA and project design
• Planning constraints
• Noise
• Landscape character and visual
amenity
• Water resources
• Natura 2000 sites
• Protected species
• Notifying the public
• Further information
• Timeframes to decision
• Objections and third party
appeals
Presentation to Irish Planning Institute National Conference, April 14-15 2016
Laurie McGee BA MA MIPI MRTPI
Planning application
Planning appeals
• Transboundary consultation

11. Crilly Wind Farm,
Pettigo, Co. Donegal
• Four wind turbines 126.5m blade
tip height
• Boundary of the site is the
international boundary
• Submitted to Donegal County
planning authority 1 Nov 2013
• Refused 10 Sept 2015
• Appealed 7 Oct 2015; Allowed on
appeal 30 Aug 2016
• Accessed from local road in Co.
Tyrone. Planning application for
access and temporary road works
lodged 2 Dec 2013; pending
Presentation to Irish Planning Institute National Conference, April 14-15 2016
Laurie McGee BA MA MIPI MRTPI

12. Refusal reasons
1. Unacceptable adverse impact on the landscape character and visual
amenities of the area due to the cumulative impacts associated
with existing wind farms and consented projects in the locality.
2. Lack of detailed assessment of grid connection (O’Grianna
judgment).
Other issues from transboundary consultation on appeal
• Transboundary noise impacts
• Transboundary impacts in respect of temporary works for haul route
Presentation to Irish Planning Institute National Conference, April 14-15 2016
Laurie McGee BA MA MIPI MRTPI

13. Derrykillew Wind Farm,
Ballyshannon, Co. Donegal
• Five wind turbines 150m blade
tip height
• Submitted to Donegal County
planning authority 2 Dec 2014
• Refused 10 June 2015
• Appealed 1 July 2015
• Allowed on appeal conditional
approval 18 March 2016
• Accessed from local road in Co.
Fermanagh, with temporary
access track.
Presentation to Irish Planning Institute National Conference, April 14-15 2016
Laurie McGee BA MA MIPI MRTPI

14. Refusal reasons
1. Lack of detailed assessment of grid connection (O’Grianna judgment).
2. Unacceptable visual impact on the landscape character and visual
amenity of a transboundary state.
3. Not satisfied that a safe haul route can be provided to access the subject
site.
Resolved with the submission of further information and reduction in turbine
height to 136m.
Impacts to visual amenity and landscape character found to be not significant.
The site is in area preferred for wind energy in the Donegal County
Development Plan 2012-2018.
Presentation to Irish Planning Institute National Conference, April 14-15 2016
Laurie McGee BA MA MIPI MRTPI

15. • Decision is based on significance of environmental effects
• Local development plan is supreme
• Due regard, not determining weight, to transboundary consultation
responses
From recent planning decisions in Northern Ireland, the position of the
planning authorities is that economic and social benefits must remain local
or within Northern Ireland. No ruling on this matter yet from the Planning
Appeals Commission.
Presentation to Irish Planning Institute National Conference, April 14-15 2016
Laurie McGee BA MA MIPI MRTPI
Conclusions from appeals

16. Final Observations
• There is no formal procedure for pre-application consultation for
transboundary projects.
• There is no specific development management guidance in either
jurisdiction.
• Not all EIA developments are referred to the transboundary authority.
• Timeframes are unclear; projects can be held up indefinitely.
• The process is largely transparent with documents available on planning
portals in both jurisdictions.
• For applications that are referred to Northern Ireland planning authorities
the respective roles of the Department of the Environment and the new
local planning authorities are unclear.
Presentation to Irish Planning Institute National Conference, April 14-15 2016
Laurie McGee BA MA MIPI MRTPI

17. • Need for clarity and consistency in the consenting process where
transboundary authority is engaged
• ‘Front loading’ - extend pre-application procedures across borders
• ‘Duty to co-operate’
• Joint EIA for major projects
• Single co-ordinating body in each jurisdiction
• Information available online in each jurisdiction
• Transboundary co-operation in forward planning - SEA
Presentation to Irish Planning Institute National Conference, April 14-15 2016
Laurie McGee BA MA MIPI MRTPI
Recommendations