Outdated legislation must precede approval of 145 turbine wind farm off Dublin coast Coastal Concern Alliance

Coastal Concern Alliance

The application by developers for a foreshore lease for construction of a large-scale wind farm, ‘Dublin Array’ in Dublin Bay and off Wicklow should not be assessed until the outdated legislation governing construction at sea is updated and a Marine Spatial Plan is introduced to balance competing interest in our seas.

The democratic deficit inherent in the management of our coastal waters under the Foreshore Act, 1933, has long been recognised and reform has been talked of for many years. These reforms, deemed necessary by Government, are currently under way.9.3YourView Dublin array View 1 Sandycove 80mm

Photomontage by ModelWorks Media.

The Background
The Foreshore Act, 1933, gives sole authority to one Minister to issue foreshore licences (for exploration) and leases (for construction) in Irish waters.  While the legislation requires that decisions be made ‘in the public interest’, over the past decade the absence of coastal and marine spatial planning, coupled with outdated legislation governing construction at sea, has enabled offshore wind farm developers to lay claim to large stretches of valuable near-shore Irish east coast waters without proper public scrutiny.   

 Extensive sites close to the Irish coast have been allocated in a planning vacuum on ‘a first-come, first-served’ basis in a manner that was out of line with good international practice and in contravention of all principles of proper planning and sustainable development.

There was NO:

    • Public right of appeal against the Minister’s decision to an independent appeals board such as An Bord Pleanála
    • Statutory involvement of Local Authorities in the awarding of foreshore leases or licences in waters adjoining their coastline
    • Marine Spatial Plan
    • National plan for offshore renewable energy development
    • Strategic Environmental Assessment
    • Pre-selection of potential sites by government
    • Restriction on size of development or proximity to shore
    • Independent, professional assessment of cumulative landscape impacts on adjoining coastline and coastal ‘views & prospects’ designated for protection in county development plans
    • Competitive public tender for use of a valuable national resource
    • Transparent pre-screening of applicants on basis of track record, financial standing, etc.

Foreshore Leases: By end 2005, a massive 1620MW (420 turbines) had been fully permitted off Wicklow (Arklow Bank Wind Park and Codling Wind Park). This was more than double the amount of offshore wind power (700MW) then installed worldwide, raising serious concerns about the rigour of the Irish permitting process.

Foreshore Licences:  By end 2009, a further 1694MW (410 turbines) had been well advanced in the sensitive near-shore zone under the Foreshore Act 1933 via the awarding of foreshore licences for initial investigation to:

    • 364MW             Kish Bank/Dublin Array (145 turbines) Dublin Bay/Wicklow (2004)   
    • 320MW             Oriel Wind Farm (55 turbines) Dundalk Bay (2005). 
    • 100MW             Sceirde Wind Farm (20 turbines) Galway Bay (2009)
    • 1000MW           Codling 2 (200 turbines) off Bray Head (2008)

Coastal Concern Alliance – Policy 

Coastal Concern Alliance (CCA), is an independent, voluntary community group, set up in 2006 to campaign for reform of the Foreshore Act 1933 and for the introduction of coastal and marine spatial planning to balance competing interests in our coastal zone.

For the past seven years we have been calling on successive governments and civil servants to urgently address the democratic deficit inherent in the management of our coastal waters.

It is our position that the legacy issues inherited from the Celtic Tiger era of speculation and inadequate regulation must be addressed for reform to be meaningful. If these issues are not addressed, then developers will have determined the future of our east coast without democratic control. 

In this context, CCA has called on the government not to adopt the draft Offshore Renewable Energy Development Plan, 2010 (OREDP).  It is demonstrably based on developers’ plans for the Irish Sea, permitted and progressed under an outdated foreshore consenting process, officially acknowledged in the introduction to this draft OREDP to be ‘inadequate’ and ‘in need of reform’.

The Foreshore Act, 1933, is currently under revision and a modern democratic system of Marine Spatial Planning is to be introduced along with a National Landscape Strategy.

The proposed ‘Dublin Array ― one of the biggest offshore wind farms in the world ― has widespread economic, social and environmental implications for the entire east coast. It is clear that it cannot be properly and democratically assessed under 90-year-old legislation, drawn up before offshore wind farms were envisaged.

In the national interest, this huge industrial project for Dublin Bay should not be assessed until:

    • The reform of the Foreshore Act 1933 is completed to give Irish citizens’ democratic control over development in our seas
    • The promised Marine Spatial Plan is introduced following appropriate consultation, to ensure offshore energy development is set in context
    • The National Landscape Strategy is finalised to ensure that coastal landscapes, currently totally unprotected on the seaward side, are given the protection they deserve.

The future of offshore wind is generally acknowledged to lie in the construction of large-scale offshore wind farms far from sensitive coastal areas.

Germany, Belgium and Netherlands have adopted a 22km buffer zone to protect wildlife and the scenic amenity of their coastlines. CCA is calling on the Irish government to follow emerging good international practice and to introduce a similar buffer zone around our coastline.

Further information www.coastalconcern.ie

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