Perspectives on Offshore Renewable Energy Consenting
Delve into the insights shared at the 9th MRIA Marine Renewables Emerging Technologies Industry Forum by Danielle Conaghan, Partner at Arthur Cox on 2nd February 2018. Explore the complexities and considerations surrounding offshore renewable energy consenting and gain valuable perspectives on this evolving industry sector.
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Presentation Transcript
Perspectives on offshore renewable energy consenting 9th MRIA Marine Renewables Emerging Technologies Industry Forum Danielle Conaghan, Partner, Arthur Cox 2 February 2018
5 Lessons (in the process of being) learned! 1. Marine Spatial Plan can consents be given without it? 2. Applications what s the actual reality of your project? 3. Grid connection is the O Grianna fallout over yet? 4. Are extensions to the life of a planning consent still possible? 5. Is there still latitude for immaterial deviations? 2 |
1. Marine Spatial Policy Marine spatial plans ETA 2021 Decisions should not be delayed in anticipation of adoption of plans. Maighne Case Highfield Solar Case 3 |
2. What is the actual reality of your project? An Taisce v An Bord Plean la (Edenderry Case) Indirect effects on the environment of extraction of peat fuel source Application must include direct and indirect effects of your project 4 |
3. Grid Connection O Grianna Case functional interdependence Daly v Kilronan Case - exempted development not available if EIA / AA required S. 5 declarations Sweetman v An Bord Plean la (Grousemount) Case 5 |
4. Extensions to duration of consents Current Law 1 extension only for 5 years only. Two different tests to be satisfied: Substantial works Test or Economic / Technical Reasons Test Proposed change of law no more extensions if EIA and / or AA were required before permission was granted (S. 28 Planning and Development (Housing) and Residential Tenancies Act 2016.) 6 |
5. Immaterial deviations Still allowed but exercise caution. Many exceptions apply (e.g.): Consent says strictly Significant effect on environment / habitats / significant disturbance of species Kilvinane Case substitute consent process Strategic Capital Case no immaterial deviations for exempted development 7 |
Thank you for your time today. Danielle Conaghan, Partner, Environment and Planning, Arthur Cox Danielle.conaghan@arthurcox.com + 353 1 920 1082 2 February 2018
