Emer Currie (Fine Gael) | Oireachtas source

This is about telecommunications masks in local communities. I thank Councillor Ted Leddy, who came across a telecommunications mast that is going up in Castleknock village. He found it by accident when searching for something else and is now supporting the local community.

There is major confusion among local communities about telecommunications masts. I am not absolutely clear on the parameters by which they are considered exempted development. There is conflicting information in the media when compared with my read of the regulations. There is confusion because there seems to be absolutely no public consultation even though these masts can be 15 m or 20 m high in prominent community locations. There is no site notice, advertisement in the newspaper or public submissions process. Even the local planning authorities do not seem to have a say anymore as An Bord Pleanála is overturning decisions. I will summarise some of the information I have and the Minister of State might clarify it for me.

Under the Planning and Development Act 2000 all development, unless specifically exempted under the Act or associated regulations, requires planning permission. When I look at the Act under section 4 it lists exempted development but I do not see a reference to telecommunications. Section 4(2)(a) states, "The Minister may by regulations provide for any class of development to be exempted development ..." and lays out certain conditions. Is telecommunications infrastructure covered by that? Under SI 600/2001 - Planning and Development Regulations, 2001, class 31 of Schedule 2 provides that certain classes of development carried out to provide a telecommunications service are subject to exempted development. Is this the relevant legislation? If so, I still do not understand what the conditions and size thresholds are. It refers to overhead equipment and states: "Poles carrying overhead lines shall not exceed 10 metres ...". A reply to a parliamentary question put by another Oireachtas Member stated, "The legislative provisions are supplemented by planning guidelines entitled the Telecommunications Antennae and Support Structure Guidelines, which originally issued to planning authorities in 1996". It further stated these were updated in 2012 with a circular letter.

The 1996 guidelines state, "The height of these structures, when the requirements of the backbone network are taken into account, can range from 12m to 60m though most typically they will be between 20m and 40m". Also under the guidelines, local authorities are required to have a policy where special conditions would apply or where, "... for various reasons, telecommunications installations would not be favoured ...". Such sites might include lands of high amenity value, protected structures or sites beside schools. However, the 2012 circular states:

While the policies above are reasonable, there has, however, been a growing trend for the insertion of development plan policies and objectives specifying minimum distances between telecommunications structures from houses and schools, e.g. up to 1km. Such distance requirements, without allowing for flexibility on a case-by-case basis, can make the identification of a site for new infrastructure very difficult. Planning authorities should therefore not include such separation distances as they can inadvertently have a major impact on the roll out of a viable and effective telecommunications network.

Is it therefore national policy the location of telecommunications masts are to be determined on a case-by-case basis under exempted development such that there is no public consultation for structures that can be up to 60 m high and that even when they are refused that can be overturned by An Bord Pleanála? Nobody could reasonably suggest telecommunications infrastructure is not of national and strategic importance but surely there must be some parameters on where it can go.