I wish to formally call upon Roscommon County Council to suspend all planning applications for wind turbine developments within the county until the forthcoming legislation is fully enacted. 

In May 2025, the Dáil introduced Stage 1 of the Wind Turbine Regulation Bill 2025, which proposes vital reforms to address long-standing concerns relating to wind energy infrastructure. 

The Bill includes provisions for:

Mandatory setback distances between turbines and residential properties,

• Strict noise regulation standards
• Stronger requirements for community engagement.

This temporary suspension will ensure that all future wind energy proposals in the county align with best practices, protect local communities.

I wish to formally call upon Roscommon County Council to suspend all planning applications for wind turbine developments within the county until the forthcoming legislation is fully enacted.

In May 2025, the Dáil introduced Stage 1 of the Wind Turbine Regulation Bill 2025, which proposes vital reforms to address long-standing concerns relating to wind energy infrastructure.

The Bill includes provisions for:

Mandatory setback distances between turbines and residential properties,

•           Strict noise regulation standards

•           Stronger requirements for community engagement.

This temporary suspension will ensure that all future wind energy proposals in the county align with best practices, protect local communities.

The Meetings Administrator read the following reply:

Following a comprehensive review of the proposed motion, the Executive is obliged to advise that the action requested therein lies outside the statutory powers (ultra vires) of the local authority, as provided for under the Local Government Act 2001 (as amended) and other applicable legislation.

In particular, Section 140(2) of the Local Government Act 2001 (as amended) stipulates that a resolution may only direct the performance of an action where such action is both lawful and within the executive functions of the local authority.

In this instance, the action proposed—namely, the suspension of planning applications—is expressly precluded by Sections 34 and 34(1) of the Planning and Development Act 2000 (as amended), and is further governed by the procedures and requirements set out in Part 4 of the Planning and Development Regulations 2001 (as amended).

Accordingly, the Council is not legally empowered to implement the motion as framed. I must therefore advise that the motion cannot be progressed. This determination is made in order to ensure full compliance with statutory obligations and to safeguard the Council from acting beyond its lawful remit.

Cllr. Tom Crosby acknowledged the legal limitations but highlighted that updated national guidelines will significantly alter the planning landscape. He argued that applications not aligned with the forthcoming regulations should not be processed and referenced a recent public meeting in Ballyfeeney concerning a proposed development of six turbines in a small, high-amenity area.

Members expressed the following concerns and views:

• Frustration over delays in enacting updated wind energy regulations, which have been in draft form since 2019.
• Concerns about the environmental impact of large-scale wind developments, including effects on biodiversity and wildlife.
• Criticism of the materials used in turbine construction, particularly the high concrete and steel content.
• Suggestions that such developments should be located offshore or along the coastline.
• Clarification that members are not opposed to renewable energy but are concerned about the scale and intensity of current proposals.
• Fears that developers are rushing to submit applications before the new regulations come into force.

Cathaoirleach Cllr. Callaghan shared that he had met with concerned residents and criticised the lack of community engagement by developers. He committed to engaging directly with affected communities and proposed that councillors write to developers of proposed wind farms in Kilglass and other areas of the county, requesting that they voluntarily withdraw planning applications until the new regulations are enacted.

Some members queried whether a differently worded motion could allow the Council to act, while others cautioned that suspending applications could expose the Council to legal challenges.

On the PROPOSAL of Cllr. Crosby

            SECONDED by Cllr. Ward

It was AGREED to extend standing orders for 15 minutes.

Director of Services, Mr. Mark Keaveney, confirmed that there is no legal mechanism by which the Council could suspend wind turbine planning applications, regardless of how the motion is framed.

Cllr. Crosby reaffirmed his position and expressed dissatisfaction with the limitations placed on elected members. He requested that legal advice be sought to determine whether elected members have any authority in this matter and asked that a letter be sent to the relevant Minister.

Chief Executive, Mr. Shane Tiernan, clarified that planning decisions must be made in accordance with existing national legislation and within statutory timelines. He stated that the Executive cannot act outside its legal remit and that no further legal advice was necessary. He emphasised that the Council cannot be compelled to undertake any action that is not lawful.

On the PROPOSAL of Cllr. Crosby

           SECONDED by Cllr. Byrne

It was AGREED that Roscommon County Council write to the Minister for Housing and Local Government to suspend the processing of wind turbine planning applications pending the passing of the new Wind Turbine Regulations in legislation. 

This temporary suspension will ensure that all future wind energy proposals in the county align with best practices, and protect local communities.

On the PROPOSAL of Cllr. Keogh

            SECONDED by Cllr. Byrne

It was AGREED to extend standing orders until 18.15pm.