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Promoting best practice in Combined Heat & Power in Ireland
Part III of the Act, entitled 'Control of Development',
defines the requirement for persons to formally seek planning
permission in respect of any development of land (with the exception
of exempted development), for change of material use, or for
the retention of previously unauthorised development.
As such, CHP promoters must follow a planning
approval process, which may require the preparation of an Environmental
Impact Statement (EIS), and must have regard for the policy
of the planning authority. This means that the proposed CHP
development must conform to the specific requirements set out
in the local development plan and, where applicable, the: Local
Area Plan; the Regional Planning Guidelines; the Strategy for
Economic, Social and Cultural Development; and any relevant
Ministerial Guidelines. Evidence of this will need to be demonstrated
in the planning application.
In some, limited circumstances, planning permission
may not be required. Discussions should be held with the planning
authority to confirm whether or not planning permission is required
on a case-by-case basis, and if so, whether or not an EIS will
be required as part of the planning application. Where planning
permission is not required, the applicant should obtain formal
notification of this.
A failure to address local planning policy
will generally result in a refusal to develop. The Act makes
provision for the appeal of planning authority decisions to
An Bord Pleanála.