RED III Information for prospective applicants and members of the public

The following information provides a Guide for prospective applicants and members of the public in respect of the implications of the recent transposition of the RED III Directive as it relates to Strategic Infrastructure Renewable Energy Development which are submitted directly to An Coimisiún Pleanála. This is a Guide only and prospective applicants should satisfy themselves that they are advised of the new process.A flowchart providing an overview of the application process is available in the printable version at the end of the page. 

1. What is RED III

The original Renewable Energy Directive (2009/28/EC) – RED I - came into effect in June 2009 and was recast by RED II (EU 2018/2001), which came into effect in 2018 with a requirement to be transposed from June 2021.  This was amended by the RED III Directive (EU/2023/2413), which entered into force on 20 November 2023. The RED III Directive has been transposed into Irish legislation by way of European Union (Planning and Development) (Renewable Energy) Regulations 2025 (S.I. 274 of 2025) with the majority of the provisions coming into effect on 7th August 2025.

As outlined in Circular CEPP1/2025 from the Department of Housing, Local Government and Heritage (15 August 2025), the Directive is broad ranging and includes provisions that aim to speed up the permit granting process for renewable energy projects by providing mandatory permit granting timelines for various types of renewable energy projects, as well as provisions concerned with environmental protection Directives and how they are applied to certain renewable energy projects.

European Union (Planning and Development) (Renewable Energy) Regulations 2025 (S.I. 274 of 2025), in addition to introducing mandatory permit granting timelines, also introduces a completeness check process which commences once the application is received (Section 4 below) and mandatory scoping for EIAR’s (for applications lodged from 1 May 2026). The Commission must also notify the Single Point of Contact (the SEAI) of receipt of applications for renewable energy development.  

The provisions of the Regulations apply to onshore and offshore renewable energy development. 

2.    Applicable RED III Development Types 

The Regulations define renewable energy as:
‘renewable energy’ means energy from a renewable non-fossil source, namely wind energy, solar energy (including solar thermal and solar photovoltaic energy), geothermal energy, osmotic energy, ambient energy, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas or biogas;

However, while An Coimisiún Pleanála are the consenting authority for those development types listed in the Seventh Schedule of the Planning and Development Act 2000, as amended, it is important to seek clarity on which types of development come within the provisions of the Regulations.
 
The Commission therefore advises that prospective applicants should contact the Single Point of Contact in the SEAI to determine if their development would come within the scope of the Regulations. The contact details are set out as follows:

Tel: 01 808 2278 
Email: spc@seai.ie 
Website: Contact | Single Point of Contact for Renewable Energy | SEAI

Section 182A – Electricity Infrastructure
Applications for approval made under Section 182A for electricity infrastructure, following Section 182E consultations, are not currently subject to the provisions of the Regulations as no amendment has been included in the Regulations to Section 182A. Therefore, there is no provision to undertake a completeness check of the application lodged. 

3. Pre-Application Consultation Requests

The pre-application consultation request process will remain as it currently operates under the provisions of the Planning and Development Act, 2000 as amended for developments listed in the Seventh Schedule of the Planning and Development Act 2000, as amended.

Section 37B(3) of the Act provides that:
In any consultations under subsection (1), the Board may give advice to the prospective applicant regarding the proposed application and, in particular, regarding— 

(a) whether the proposed development would, if carried out, fall within one or more of paragraphs (a) to (c) of section 37A(2), 
(b) the procedures involved in making a planning application and in considering such an application, and 
(c) what considerations, related to proper planning and sustainable development or the environment, may, in the opinion of the Board, have a bearing on its decision in relation to the application.

Having regard to the new completeness check requirement and the provisions of both subsections (b) and (c) above, the information and documentation required to facilitate the completeness check to process the application will form part of the discussion and advice provided in the pre-application process. A Schedule of Information to Inform the Completeness Check will be provided with the SID Determination. 

It should be noted that pre-application consultation requests where no pre-application meeting has been held following the coming into effect of the Regulations (6 August 2025) will not be provided with a Schedule of Information to Inform the Completeness Check.

Prospective applicants should also consider the following commentary in Circular CEPP1/2025 from the Department of Housing, Local Government and Heritage (15 August 2025): 

“It is within the applicant’s control to ensure the application is complete in terms of the information submitted with the application, but also in terms of the quality of that information, including of plans and drawings and of the environmental assessments. It is critical that these matters are agreed with planning authorities and the Commission at pre-application stage, and the applicant uses the pre-application process interrogate such issues in a thorough and in a systematic way. This will enable the identification of all relevant information necessary to accompany the application. It would also be advisable to make the application as soon as feasible following completion of the pre-application stage”.

4.    Scoping 

From 1 May 2026, any application lodged with the Commission for renewable energy developments are subject to mandatory EIA scoping. 

Please note that an application submitted from 1 May onwards, even where the pre-application process has closed, will be required to undergo mandatory EIA scoping.  As per Section 37D(1) of the Planning and Development Act, 2000 as amended, a request for an opinion in respect of the scope of an EIAR can only be made once a Notice has been served to a prospective applicant under section 37B(4)(a). 
This has not been amended by the new provisions set out in European Union (Planning and Development) (Renewable Energy) Regulations 2025 (S.I. 274 of 2025).

This means that the pre-application stage must be complete before the scoping opinion can be requested. 
The relevant fee is €5,000. 

A Guide to EIA Scoping is currently under preparation by the Commission. 
The legislative provisions as set out in the Planning and Development Act, 2000, as amended in relation to scoping as amended by S.I. 274 of 2025 are as follows:

37D.—(1) Where a notice has been served under section 37B(4)(a) in relation to proposed development, a prospective applicant may, “or, where the application is for renewable energy development or repowering development, shall” request the Board to give to him or her an opinion in writing prepared by the Board on the scope and level of detail of the information to be included in an environmental impact assessment report in relation to the development. 

(2) On receipt of such a request the Board shall— 
(a) consult with the requester and such bodies as may be specified by the Minister for the purpose, and
(b) after taking into account the information provided by the prospective applicant, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, comply with the request as soon as is practicable. 

(3) A prospective applicant shall, for the purposes of the Board’s complying with a request under this section, supply to the Board sufficient information in relation to the proposed development so as to enable the Board to assess the proposed development. 

(3A) Where an opinion referred to in subsection (2) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.

(3B) Where the proposed development referred to in subsection (1) is renewable energy development or repowering development, and an opinion is given under this section, An Coimisiún Pleanála shall not subsequently extend the scope and level of detail of the information to be included in the environmental impact assessment report.

(4) The provision of an opinion under this section shall not prejudice the performance by the Board of any other of its functions under this Act or regulations under this Act and cannot be relied upon in the formal planning process or in legal proceedings.

5.    Completeness Check Stage 

Upon receipt of the application, the Commission will acknowledge receipt of the application and will outline that a notice in respect of completeness will follow within 45 days of receipt of the application. It is the acknowledgement of completeness of an application, which triggers the start of the permit granting timelines.

The prospective applicant should satisfy themselves that they have the requisite documentation submitted to facilitate the Commission in the processing of the application at this stage. 

The ‘Schedule of Information to Inform the Completeness Check’ will be addressed during the pre-application request consultation process.  The time period within which submissions can be made by observers and prescribed bodies will be stated in the public notices. The planning authority’s report must be submitted within 10 weeks from the date of receipt of the application. 

The following provides a guide in respect of the information and documentation which the Commission would require in order to undertake a completeness check of any RED III application. However, as outlined above, it is important to note that the schedule of information required to inform the completeness check will be addressed during the pre-application request consultation process. 

Miscellaneous

• Fee - €100,000 
• Application Form 
• Standalone website provided 
• Two hard copies and 8 soft copies 
• Interest of applicant in land 

Public Notices

• Is a full description of the proposed development provided 
• Is the location of the proposal provided 
• Is time period and fee for submissions/observations specified 
• Includes standalone website Address 
• Is Section 37JA referenced
• Transboundary environmental effects (if applicable) 
• If Design Flex Opinion provided, is this referenced (if applicable). 
• Are the EIAR and NIS referenced 
• Is site subject to an EPA licence or is an EPA licence required
• Are Notices in Irish (If proposal is located within the Gaeltacht) 

Documentation – as applicable

• Renewable Energy Designation Policy Statement 
• Design Flexibility Compliance Statement
• Natura Impact Statement with Screening Report 
• EIAR 
• Appendices included
• Compliance with Article 94 and Schedule 6 of PDR
• Survey and methodology requirements clearly outlined 
• Peat Stability/Landslide Susceptibility investigations undertaken as applicable. 
• Derogations 

Drawings

• Appropriate scales. 
• Wayleaves shown

6.    Application Stage 

Once the application is deemed complete the permit granting timeline commences. The relevant timelines are as follows:
 

The period within which submissions can be accepted from the Public, prescribed Bodies and the Planning Authority will end subject to the relevant timelines and notice period. As is the current practice in relation to SID applications the applicant will be invited to make a submission on the submissions/observations/planning authority’s report as submitted during the course of the application. There will be limited opportunities within which the Commission can seek further information. A defined response time will be provided which will not be extended, save for exceptional circumstances. The permit granting timeline will not be extended nor can it be ‘stopped’ and restarted. 

As currently applies, the Inspector will prepare a Report and Recommendation for the Planning Commission who will issue a Decision.  

7.    Public Participation

As outlined above, the time period within which submissions can be made by observers and prescribed bodies will be stated in the public notices for each application.

The fee for making a submission is €50. 

The public participation period will overlap the completeness check stage and the application stage (if the application is deemed complete). 

If an application is deemed incomplete the submission and the fee will be returned. 
Any new application made on foot of the incompleteness will be given a new reference number, a new public notice will be required and the public participation period will commence once again with the time period for same set out in the new public notice. 
 

8.    Section 146B Alteration of SID applications 

Requests to alter SID decisions, section 146B requests, are also subject to the provisions of RED III where they apply to renewable energy development. 

The completeness check stage (4) and application stage (5) processes outlined above are therefore applicable to the Section 146B request process.