Patrick O'Donovan (Limerick County, Fine Gael) | Oireachtas source

Thank you for your indulgence, a Cheann Comhairle. I have two responses that overlap so I will try to condense them. I beg the Deputies' indulgence in that regard. I thank the Deputies for raising the issues.

In regard to the Topical Issues before the House on 5G digital masts, two procedures are in place depending on where the telecommunications infrastructure is to be located. In the first scenario, where a developer proposes to place overground telecommunications equipment, such as a telecommunications mast on or along a public road, the developer is required to obtain a licence from the relevant planning authority under section 254 of the Planning and Development Act 2000, as amended. Section 254 provides for a licensing system for appliances and structures that are placed on, above, under or along a public road, including footpaths. The section 254 provisions may not be utilised in respect of any locations other than public roads and footpaths. A person applying for a licence under section 254 must provide the planning authority with such plans and other information concerning the position, design and capacity of the appliance, apparatus or structure as the authority may require.

In considering an application for a licence under section 254(5) of the Act, a planning authority is required to have regard to the proper planning and sustainable development of the area, the local development plan, the number and location of existing appliances in the vicinity, as well as the convenience and safety of road users, including pedestrians. In addition, a licence may be granted by the planning authority for such period and upon such conditions as may be specified, including conditions relating to location, design, space taken up by the appliance and the need to protect protected structures. In the second scenario, where a developer cannot avail of a planning exemption and wishes to install telecommunications infrastructure at a location other than on or under a public road or footpath, the developer must apply for planning permission for the proposed development to the relevant planning authority in the normal manner, under section 34 of the Act. The planning authority is required to consider each application on a case-by-case basis, with the process including a five-week period for the public to make submissions or observations on the proposal. The planning authority shall make its decision within eight weeks.

Under section 254(6) of the Act, section 254 licences may be appealed to An Bord Pleanála at any time, while in the case of a normal planning application under section 34 of the Act, the decision of the planning authority may be appealed to the board within four weeks. Where such an appeal is made, any member of the public may make submissions or observations in writing to the board in respect of the appeal within four weeks of the making of the appeal. A decision of the board on an appeal may subsequently be the subject of a judicial review challenge in accordance with sections 50, 50A and 50B of the Act, with the challenge being required to be made within eight weeks of the decision of the board. Where a person does not comply with the conditions of any licences issued, or permissions granted, or any court orders following a judicial review, they may be subject to enforcement proceedings by the relevant planning authority in accordance with Part VII of the Act.

With your indulgence, a Cheann Comhairle, I will refer to the second reply. The issue raised by the Deputy this evening refers to two telecommunications masts in the Tallaght area of the Dublin South-West constituency. One is currently the subject of an appeal to An Bord Pleanála, while the second is currently the subject of an ongoing judicial review challenge in the High Court. I am deputising for the Minister of State at the Department of Housing, Local Government and Heritage, Deputy O'Donnell. In accordance with section 30 of the Planning and Development Act 2000, as amended, the Minister with responsibility for planning is precluded from exercising any power or control in any individual planning case with which a planning authority or the board is or may be concerned. This is a fundamental principle of the planning system to ensure that it operates without any political influence or interference. In speaking on behalf of the Minister and the Government, I too must adhere to these principles. With regard to the second case, which is the subject of an ongoing judicial review, I am sure the Deputies will accept that all parties involved are entitled to due process and that it would be inappropriate to comment on ongoing legal proceedings which are a matter for the courts. Therefore, on behalf of my colleagues, the Minister, Deputy Darragh O'Brien, and the Minister of State, Deputy O'Donnell, I will briefly refer to generalities as I cannot discuss any specific details. In general terms, where a licence is granted by a planning authority for overground telecommunications infrastructure such as that in accordance with section 254, this decision may be appealed to the board. I have outlined to the House the other elements with regard to the imposition of that and its clarity in the law.

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