This page sets out an overview of the requirements of the RED III Directive as it relates to the interactions required between the Commission and Planning Authorities. The Commission would like to highlight some areas which may impact on planning authorities in respect of the implications of the recent transposition Directive as it relates to Strategic Infrastructure Renewable Energy Developments which are submitted directly to An Coimisiún Pleanála.
The Commission’s RED III Information Guide, sets out the relevant procedures and provisions of the legislation in relation to RED III applications and can be viewed on the Commissions website and should be read in conjunction with the flowchart. The main provisions of the European Union (Planning and Development) Renewable Energy) Regulations which came into effect on the 7th August 2025 provides as follows:
(a) Completeness Check – the Regulations amend section 37JA of the Planning and Development Act 2000 as amended – where an application for renewable energy is submitted to An Coimisiún Pleanála under section 37E of the Act the Commission shall within 45 days from the date application is made or 30 days in respect of a repowering plant carry out a completeness check
(b) Scoping of an EIAR is mandatory commencing on 1st May 2026 for all RED III applications lodged from this date.
(c) The timelines for making a decision on an application by the Commission is as follows once the application is deemed complete:
|
Type of Devlopment |
Permit Granting Timeline |
|
Off Shore |
52 Weeks |
|
Off Shore Repowering |
30 weeks |
|
Off Shore |
65 weeks |
|
Off Shore Repowering |
52 Weeks |
Pre-Application Consultation Requests
The pre-application consultation process will remain the same as it currently operates under the provisions of section 37B(3) of the Planning and Development Act 2000 as amended.As part of the consultations the Commission will advise the applicant on what information is required to facilitate the completeness check for e.g. the newspaper notice should make reference to completeness check.
During At the completion of the pre-application consultation process a schedule for a completeness check checklist will be forwarded to the applicant. Following consultations with the prospective applicant, as is the current practice the Commission must serve notice on the prospective applicant and the planning authority(s) stating whether, in its opinion, the proposed development is strategic infrastructure. That file will be available for public inspection at the offices of the planning authority and at the offices of the Commission
Scoping
The provisions in relation to an opinion by the Commission on the information to be contained in an environmental impact report are set out in section 37D of the Planning and Development Act 2000 as amended.A scoping request can only be submitted to the Commission following the closure of the pre-application consultation process. As already stated, this process is mandatory for any RED III Applications lodged from 1 st May 2026.
The applicant is required to supply the Commission with sufficient information to enable a scoping opinion to be carried out. This is called a Scoping Report. Reference to the Fee? The Commission will also consult with the planning authority and other specified bodies as referred to below. Article 211(1) of the Planning and Development Regulations 2001 as amended sets out the specified bodies for the purposes of section 37D(2) shall be as follows:
(i) the Minister for Housing, Local Government and Heritage
(ii) the Environmental Protection Agency,
(iii) the Minister for the Environment, Climate and Communications,
(iv) the relevant planning authority, and
(v) where it appears to the authority the proposed development would be likely to have significant effects on the environment in a transboundary State, to the relevant transboundary States, as appropriate. It is noted that no time period is provided for the Commission to form an opinion on a scoping request submitted by the applicant in relation to a RED III application.
A copy of the scoping opinion by the Commission will be forwarded to the applicant and to the specified bodies as referred to above.
Application
Once the application is deemed complete the normal procedures apply in respect of strategic infrastructure development. Submissions/observations can be made by members of the public and by prescribed bodies within the timeline as set out in the newspaper notice.The single point of contact for renewable Energy is SEAI SPC – the Commission will notify spc@seai.ie of receipt of all RED III applications, their completeness status and the decision.
As is the current practice copies of all submissions/observations including the report received from the planning authority report is forwarded to the applicant for comment within a specified time period. The planning authority is required under section 37E(4) of the Act to prepare and submit a report to the Commission within 10 weeks from the date of the making of the application, setting out its views on the effects of the proposed development on the environment and the proper planning and sustainable development of the area.Having regard to the timelines set out above for the making of a decision on a RED III application, the Commission may not be in a position to extend the 10-week deadline. However, this will be reviewed on a case-by-case basis. Furthermore, there is limited opportunity for the Commission to request any additional information from any party to the application once the completeness check is carried out
Incomplete Application
In circumstances where the application is incomplete the Commission is required to carry out the following:
(a) Notify the applicant to state that the application is incomplete and that a complete application is to be submitted without undue delay.
(b) Return application to applicant together with a refund of the fee.
(c) Where submissions/observations have been made already these will be returned also together with fee.
(d) Any report submitted by the planning authority will be returned also.
(e) Notify the single point of contact SEAI of incomplete application
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