The Irish Solar Energy Association (ISEA) notes the signing of the Planning and Development Bill 2023 into law by President Michael D. Higgins, following its passage through the Oireachtas. Once commenced, this will mark a significant overhaul of the planning framework in Ireland, replacing the Planning and Development Act 2000 with a new, complex set of rules that will reshape the planning landscape for years to come.
The Bill introduces various changes that aim to modernise the planning system, streamlining some processes while adding new layers of regulatory requirements. The law’s phased implementation will require solar developers and other stakeholders to navigate a transitional period where elements of both the old and new planning regimes may apply. While there are potential benefits for renewable energy development, uncertainties remain about how these changes will affect solar projects in practice.
Implications for Solar Energy
The Bill’s emphasis on aligning local, regional, and national planning strategies is intended to support more strategic development. Extending development plan cycles from six to ten years could encourage a longer-term approach to land use, but the practicalities of aligning these plans with evolving solar technology and market conditions may present challenges.
The recognition of "Imperative Reasons of Overriding Public Interest" (IROPI) for renewable energy projects, such as solar power and energy storage, could provide grounds for advancing some projects that would otherwise face regulatory obstacles. However, it remains to be seen how consistently these provisions will be applied in practice, and whether the promised streamlining of consents will truly accelerate project approvals.
Judicial Review Reforms: Potential Impacts on Solar Projects
The new judicial review (JR) framework tightens procedures for challenging planning decisions, which may reduce delays caused by legal disputes. However, this also means less flexibility for stakeholders to contest decisions that affect solar developments. ISEA will be monitoring how these changes influence planning outcomes for solar projects, ensuring that members' interests are adequately represented.
Reflecting on the passage of the Bill, Dr Eva Barrett, Director of Policy and Regulation at ISEA, commented: "While the Planning and Development Bill aims to address long-standing issues in the planning system, it also introduces new complexities and uncertainties. The solar sector will need to navigate these changes carefully, and it remains to be seen whether the expected benefits will be realised in practice. We will be working closely with our members to support them through this transitional period, advocating for fair and consistent application of the new rules."
The ISEA will continue to provide updates and insights as the phased implementation of the new law unfolds, working to ensure that the sector’s voice is heard during this period of change.
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