Emer Currie (Fine Gael) | Oireachtas source

I move amendment No. 49:

In page 58, to delete line 38, and in page 59, to delete lines 1 to 14 and substitute the following:

“(5) A planning authority shall, in relation to an application in respect of—

(a) overground electronic communications infrastructure,

(b) any associated physical infrastructure under this section,

(c) require the applicant concerned:

(i) to publish a public notice;

(ii) to erect on the land on which the development concerned is situated, or affix

to any structure on such land, a site notice in relation to the application

concerned in accordance with such requirements as may be prescribed as if

the same were an application for permission for standard development under

section 92,

(d) cause a copy of the application and any information received by the planning

authority to be made available at the offices of the Planning Authority during

normal business hours, for—

(i) inspection by members of the public, and

(ii) purchase by members of the public for such fee not exceeding the reasonable

cost of making such copy, and

(iii) on the internet website of the planning authority.

(6) (a) Any person or body, on payment of the prescribed fee, may make a submission or

observation in writing to a planning authority in relation an application in relation

to an application in respect of—

(i) overground electronic communications infrastructure, or

(ii) any associated physical infrastructure under this section, within the period of

5 weeks beginning on the date of receipt by the authority of the application.

(b) Any submission or observation received shall—

(i) state the name of the person or body making the submission or observation,

and

(ii) indicate the address to which any correspondence relating to the application

should be sent.

(c) The planning authority shall acknowledge any submissions or observations as

soon as may be after receipt in the form prescribed in respect of an application

for permission for standard development under section 92 or a form substantially

to like effect.

(d) Where a submission or observation under this sub-section is received by the

planning authority after the period of 5 weeks beginning on the date of receipt of

the application, the planning authority shall return to the person or body

concerned the submission of observation received and the fee and notify the

person or body that their submission or observation cannot be considered by the

planning authority.

(e) Where the planning authority so consents, a submission or observation under this

sub-section may be made in electronic form.

(f) Where the last day of the 5-week period referred to in subsection (i) is a public

holiday (within the meaning of the Organisation of Working Time Act, 1997) or

any other day on which the offices of the planning authority are closed, a

submission or observation made under this sub-section shall be regarded as

having been received before the expiration of that period if received by the

authority on the next following day on which the offices of the authority are

open.”.

This amendment is about telecommunications masts, of which a proliferation have been erected in residential areas in recent years, without any public notification or consultation. I have counted 30 applications for monopole communication masts in the Dublin 15 area of the Fingal County Council area since 2020. This is due to the use of licences that can be granted under section 254 of the Planning and Development Act which regards overground electronic communications infrastructure and any associated physical infrastructure as exempted development. It therefore does not have to go through the standard planning process, which includes site notification and public consultation. That means that these 15 m and 18 m or higher telecommunications structures have appeared metres from people's homes, along public roads, sometimes without warning. This has led to legitimate questioning of the integrity of the planning system. In many cases, it is only when decisions are appealed to An Bord Pleanála that people find out about the masts and can then have a say. However, each submission then costs €50 instead of the €20 cost under a standard planning application. As a reference, to apply for a licence costs €125, while to appeal it to An Bord Pleanála costs €220.

I will give one example of a recent application which was refused a licence by Fingal County Council. It was for an 18 m monopole outside the gates of the Phoenix Park. The wall of the Phoenix Park and the park itself are protected structures.

An 18 m monopole would have an impact on the view from Phoenix Park. Fingal County Council has rightly refused it but the applicant has appealed and that is still being decided. Having gone through the instances in Dublin 15 where Fingal has refused and it has been appealed to An Bord Pleanála, in most cases the decision is overturned and the application granted.

I completely accept two things. First, high-quality, reliable mobile and broadband coverage is a strategic imperative for communities and the State for modern life, the digital economy, working from home and communication. It is an essential service and that is reflected in our national and international strategies, EU directives and statutory instruments. I also accept our local authorities doing due diligence when considering telecommunications masts. They have to look at the proper and sustainable development of the area, the local area plan and road safety, because in this instance it is on the roadside.

We know the necessary checks are taking place but we also have to be respectful of the public right to information and consultation, as protected under the Aarhus Convention. That is why I tabled this amendment. It recognises the legitimate and necessary purpose of mobile and broadband communications infrastructure but ensures transparency and public scrutiny of the particulars of an application and where the infrastructure goes. It gives exactly the same opportunity for public engagement as the standard planning code but applies it to telecommunications masts.