A number of articles of the Revised Renewable Energy Directive (RED III) have been transposed into the planning code by the European Union (Planning and Development) (Renewable Energy) Regulations 2025 (the Regulations).
We have summarised the main changes brought about by these Regulations below.
1. An application 'completeness check':
A planning authority must acknowledge the completeness of an application within 45 days of its receipt. This acknowledgement triggers the start of the permit granting timelines. The completeness check does not apply to heat pumps, therefore, the permit granting timelines for those developments begin on receipt of an application.
Where an applicant has not sent all the information required to process the application, the planning authority should request the applicant to submit a complete application without undue delay.
The Sustainable Energy Authority of Ireland (SEAI) have been appointed by the Department of Climate, Energy and Environment as the REDIII Single Point of Contact whose role is to guide applicants through the permit granting process and manage overall compliance with the RED III permit granting timelines. The SEAI are to be notified by planning authorities and the Commission of when a RED III planning application has been received.
Additionally, amendments have been made to the site notice form found at Form 1 of Schedule 3 of the 2001 Regulations to provide that a development is advertised as a RED III application that is subject to a completeness check.
2. Mandatory permit granting timelines:
Mandatory permit granting timelines are prescribed in RED III for various types of renewable energy project. These timelines apply to all permits required for a renewable energy project, not just planning.
Furthermore, the timelines cannot be paused because of requests for further information or to allow for environmental assessments to be carried. On that basis, the timelines prescribed in the transposing legislation which apply to planning are shorter than what is prescribed in the Directive. The timelines under the Regulations are:
• 52 weeks for a renewable energy development with an electrical capacity of 150kW or more. This timeline can be extended where an IROPI assessment is required.
• 30 weeks for a renewable energy development with an electrical capacity below 150kW or for a repowering application. This timeline can be extended where an IROPI assessment is required.
• 8 weeks for a relevant solar energy development.
• One month for small-scale solar development and small-scale non-ground source heat pumps.
Additionally, the ability to request further information for developments with one and three month permit granting timelines has been removed. These developments are relevant solar energy development, small-scale solar energy equipment developments and both types of heat pumps. While it remains possible to request further information for developments with a permit granting timeline of one year or greater, a planning authority can now specify the period for replying to such a request. Where an applicant does not provide the information within the period specified, the application shall be considered as withdrawn.
3. Specific provisions which target environmental assessments:
The Regulations provide that renewable energy plants are to be presumed as being in the overriding public interest for the purpose of appropriate assessment under the Habitats Directive.
In relation to EIA, the Regulations provide:
• Where full EIA or EIA screening is required for grid reinforcement works and repowering, it shall be limited to assessing the potential environmental impact from the change or extension compared to the original project.
• Repowering of solar installations are provided with an exemption from EIA or EIA screening subject to certain conditions.
• Installation of solar energy equipment is also provided with an exemption from EIA.
• Provision of an EIA scoping opinion is mandatory and cannot be extended once provided to an applicant. These provisions do not become operational until 1 October.
The much anticipated transposition of the RED III provisions is a welcome development for the renewable energy sector and should bring about a significant improvement in the consenting timelines for renewable energy projects.
For more information, please contact Jeanie Kelly, Stuart Conaty on the Planning & Environment team or your usual contact.
