Solar farms row deepens in Wexford as councillors told they cannot block planning applications
Wexford PeopleWexford County Council (WCC) is to begin the process of clamping down on solar farm developments in the county following repeated calls for action from affected communities. In December of last year, residents from the small village of Gusserane in the west of the county staged a protest outside Wexford County Hall over a proposed 300 acre solar farm in their area.
This led to county councillors seeking legal advice on how to prevent solar farms being developed in Co Wexford and whether they, as elected representatives, could intervene on behalf of the public. Cathaoirleach of WCC, Councillor Joe Sullivan subsequently submitted two queries to a Wexford town solicitor in which he asked i) what role do the councillors have in relation to determining a planning application made to the local authority under the Planning Acts? and ii) what role do the councillors have in relation to initiating and determining a material contravention of a County Development Plan (CDP)?
In this instance, a material contravention of the development plan would allow councillors to change regulations regarding solar farm developments in the county.
The response from the solicitors stated that, in relation to the first question, planning applications are a matter “solely for the council executive and the elected members have no role”.
Similarly, Cllr Sullivan was advised that elected members have no role in the “initiation” of a contravention of the county development plan but if the executive proposes a contravention the councillors have the power to pass a resolution approving that proposal.
News in 90 Seconds. Tuesday, February 17
This information was presented to councillors at the February meeting of WCC and, while the responses provided were deemed sufficient, there were issues with the questions submitted to the solicitors.
“The advice we received was correct, but the questions asked weren’t,” noted Cllr Michael Sheehan. “The question we wanted answered was, how do we, as elected members, stop applications coming in when there are no national regulations in this regard. Applications are currently dealt with on an individual, therefore ad hoc, basis.”
Cllr Sheehan also had an issue with the source of the information.
“When we’re getting independent legal advice it should be truly independent and not the council’s solicitor,” he said.
But, according to chief executive Eddie Taaffe, the question being asked by Cllr Sheehan had a quick and easy answer.
“With regards to stopping an application the law is really clear on that, we can’t do that. When an application is received it is assessed and a decision is taken on whether to grant it. It’s unnecessary to ask how you stop a planning application, you can’t stop one – that’s the law of the land.”
On the source of the information Mr Taaffe was similarly strident.
“You can ask ten different solicitors and they’ll give you the exact same advice you have there, and, to be frank, you’d be wasting public money asking for a second opinion.”
Although Cllr John Fleming mused that, regardless of what was said in the chamber, the planning application in Gusserane would end up being decided by An Coimisiún Pleanála (ACP) and, potentially, the High Court, other councillors were also unhappy with the council’s solicitor of choice.
“It doesn’t sit right with me that we requested independent advice and now we’re finding out it wasn’t independent,” said Cllr Aoife Rose O’Brien.
Unhappy with what was being insinuated by councillors, county secretary Michael Drea intervened at this point.
“You’re essentially accusing a legal firm, of very long-standing history, of acting in a biased manner,” he said.
“We had agreed to seek independent legal advice, it shouldn’t have been agreed if it couldn’t be obtained,” replied Cllr O’Brien.
“Are you saying the advice is wrong?” asked Mr Taaffe. “Unless you can prove bias or conflict of interest, which there isn’t here, that advice is as sound as you’re going to get.”
“We have to have our faith in the executive to carry out our requests, that was agreed,” replied Cllr O’Brien. “I’m not saying the advice was wrong.”
With no sign of this impasse being broken, Cllr John Dwyer chose to bring the conversation forward and on to what powers the councillors do have in relation to solar farm developments in the county.
“To prevent this type of industrial development on prime agricultural land would mean we’d have to amend the CDP, can we do that?” he asked.
“Yes, you can, provided the CDP has regard to national policies and guidelines,” replied Mr Taaffe. “But we have to assess planning applications in accordance with the law and the planning and development act. However, we understand the members’ feelings on this and that it is coming at us quicker than we expected.
“Any material contravention or variation would lead to a change in the wording in the CDP, it’s a very precise document and it has to be assessed. This is work that we can start now in the planning strategic policy committee (SPC), but it will take time to tease out.”