James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Senator for raising this important matter around the thresholds within which telecommunications masts are not considered exempted development and require public consultation. On behalf of the Minister of State, Deputy Peter Burke, who sends his apologies for being unable to be here today, I note the current exemptions from planning for telecommunications infrastructure and instances where planning permission is required is as follows. The Planning and Development Regulations 2001, as amended, provides an exemption from the requirement for planning permission for certain telecommunications infrastructure under class 31 of Part 1 of Schedule 2 to the regulations. This allows for the deployment of specified telecommunications infrastructure by a statutory undertaker authorised to provide a telecommunications service without having to go through the planning process.

Where the proposed telecommunications infrastructure is not being installed by a statutory undertaker authorised to do so or where the size of the proposed infrastructure exceeds the limits set out in class 31 of the regulations, such as greater than 12 m in height for a telecommunications pole, full planning permission will be required.

In this connection, it should be noted that the exemptions from planning do not apply in certain circumstances. First, if the proposed location for the telecommunications infrastructure is in an area that requires an environmental impact assessment or an appropriate assessment to be undertaken before any works can commence, such as on a European designated site, the exemption under class 31 of the regulations is disapplied under section 4(4) of the Planning and Development Act 2000, as amended, and planning permission for the proposed works must be sought.

Second, if the proposed location for the telecommunications infrastructure would materially affect the character of a "protected structure", or any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, then the planning exemption under class 31 of the regulations is disapplied under section 57(1) of the Act, again with the result that planning permission must be sought before any works can commence.

Where proposed telecommunications infrastructure does not meet the requirements of the class 31 exemption, or where the exemption is disapplied because of the provisions of the Act, an application for planning permission must, as I have outlined, be made to the relevant planning authority in accordance with section 34 of the Act. The planning process prescribes a five-week period from the date of application for the making of submissions or observations by any person to the planning authority.

Following the decision of a planning authority under section 34 of the Act, an applicant for permission and any person who made submissions or observations in writing in terms of the planning application to the planning authority in accordance with the permission regulations, and on payment of the appropriate fee, may, within four weeks of the planning authority decision, appeal the decision to An Bord Pleanála in accordance with section 37 of the Act. The appeals process in An Bord Pleanála includes a four-week period for the making of submissions or observations by any person under section 129 of the Act. In addition, the board may, in its absolute discretion under section 134 of the Act, hold an oral hearing of an appeal.