Tom Sheahan (Kerry South, Fine Gael)
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Will the Minister for the Environment, Heritage and Local Government, Deputy John Gormley say how such blatant inconsistencies can exist in An Bord Pleanála's decision making when it comes to Tetra mast applications on Eircom sites?

An Bord Pleanála is appointed by the Minister, yet is not accountable to anybody. I cannot understand for the life of me why. If it is appointed by a Minister one would expect that it should be accountable to somebody, especially the particular Minister. For example, eight out of eight planning applications that were refused by Kerry County Council were upheld by An Bord Pleanála because, in Kerry a "1 km rule" was introduced, during my time in local government, to the effect that telecommunications masts could not be located within 1 km of a residential area or a hospital or school. Some seven out of eight planning applications that were refused by Cork County Council were overturned by An Bord Pleanála, so there are stark inconsistencies there. How can these statistics be acceptable or justified and why is it that County Cork's amenities and citizens appear to be more worthy of protection than County Kerry's? That is not acceptable.

While nobody denies the needs for such a service as Tetra's, it is the irresponsibility in choosing locations for the masts that I find unacceptable. In the Cork areas An Bord Pleanála cited "proximity to residential buildings, proximity to protected structures, proximity to schools and community properties" as reasons to refuse planning for these masts. This does not seem to be a problem for An Bord Pleanála in some of the Kerry cases, however, particularly as regards the Annascaul mast site which is merely 30 metres from the nearest permanently occupied residence. The nearest occupied building, which houses a small business, is only 26 metres from the site. There are approximately ten occupied residences, a protected structure within 50 metres of the site. There is another protected structure within 90 m and a further two within 420 m of the site, as well as a school within 570 m. The whole nucleus of the village is based within 800 m of the site, which is in the centre of the village.

The Department of the Environment, Heritage and Local Government's guidelines on telecommunications masts and support structures of 1996 state that only as a last resort, and if all the alternatives are unavailable or unsuitable, should freestanding masts be located in a residential area or beside schools. In the Annascaul case, An Bord Pleanála's senior inspector strongly recommended against granting planning permission on the grounds that all other alternative sites had not been fully investigated. It is clear they have not been fully investigated because the people of the community were contacted recently by Tetra Ireland in order for the people themselves to come up with a more suitable site. That is not their job.

The siting of the mast in Annascaul would be seriously damaging to the surrounding amenities and properties yet the board itself overruled the inspector's findings. 3 Ireland, which is the company contracted by Tetra Ireland to acquire the site, has stated that as a priority it targets the Eircom exchanges first when choosing a site. This in itself proves that these sites are not being chosen as a last resort, as stated in and required by the Department of the Environment, Heritage and Local Government's 1996 guidelines. These decisions by An Bord Pleanála appear to flout the guidelines set down by the Department and have left small communities like Annascaul to fend for themselves against big businesses like Eircom and Tetra.

The Annascaul community has now entered its first week of a 24-hour protest outside the site and they will not give it up. I suggest that the Minister would get involved and intervene in this case. These people are not going to lie down because, as I have said, Kerry people will not lie down. I call on the Minister to personally intervene in this case before it goes too far.

Billy Kelleher (Cork North Central, Fianna Fail)
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As the Deputy is from Kerry and I am a Cork Deputy, I am well aware of the fact Kerry people do not lie down. I wish they would lie down more often in Croke Park, but that does not happen. However, not to trivialise the issue, I understand the Deputy's point and thank him for raising the matter. I apologise on behalf of the Minister for the Environment, Heritage and Local Government for being unable to take this debate, which he has asked me to take on his behalf.

Under planning legislation, the decision to grant a planning application, with or without conditions, is a matter for the relevant planning authority in the first instance or An Bord Pleanála on appeal. In making decisions on planning applications, planning authorities and the board must consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received, and relevant ministerial or Government policies, including any guidelines issued by the Department. The Department of the Environment, Heritage and Local Government's 1996 guidelines on telecommunications antennae and support structures set out a locational hierarchy in regard to the siting of radio masts and advise that free-standing masts should only be located within or in the immediate surrounds of smaller towns or villages as a last resort.

Tom Sheahan (Kerry South, Fine Gael)
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That is correct.

Billy Kelleher (Cork North Central, Fianna Fail)
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However, the guidelines also note that the Government's telecommunications policy aims to place Ireland in the top quartile of OECD economies as regards availability, price and quality of telecommunications services. They also state that planning authority development plans should include a policy statement in regard to telecommunications which accepts the importance of a high quality telecommunications service.

I understand that the proposed development in this case consists of the construction of a 15 m support pole to carry three radio aerials for use by the emergency services, namely, Garda, ambulance and fire brigade, together with associated equipment for a new national digital radio service, at Eircom Exchange, Ardrinnane, Annascaul, County Kerry. The Minister has been informed that Kerry County Council refused permission in accordance with section 12.16.11 of the county development plan, which states that telecommunication masts should not be located within 1 km of residential properties, schools, hospitals or any structures where there is human occupancy for residential or daily work purposes. However, he understands that in granting permission on appeal, An Bord Pleanála considered, having regard to the location of the proposed development within the village, its height and the surrounding pattern of development, that the proposed development would not seriously injure the amenities of the area, or of property in the vicinity; would not be prejudicial to public health and would, therefore, be in accordance with the proper planning and sustainable development of the area.

The board also attached a condition to the permission that after ten years telecommunications structure and related ancillary structures would be removed unless, prior to the end of the period, planning permission should have been granted for their retention for a further period.

Tom Sheahan (Kerry South, Fine Gael)
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It is a joke.

Billy Kelleher (Cork North Central, Fianna Fail)
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The purpose of this condition was to enable the impact of the development to be re-assessed, having regard to changes in technology and design and to circumstances prevailing in the future.

The Deputy will appreciate that as the Minister has no role in the taking of decisions on planning applications and is statutorily precluded under section 30 of the Planning and Development Act 2000 from exercising any power or control in such cases, it would not be appropriate for him to comment on the decision of An Bord Pleanála, which is the independent statutory planning appeals board.

Tom Sheahan (Kerry South, Fine Gael)
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The people of Annascaul will not take this lying down.