Frances Black (Independent) | Oireachtas source

I will speak to the grouping. Amendment No. 50 seeks to amend section 13(8)(a) by increasing the timeframe, from eight weeks to 12 weeks, for decisions relating to the licensing of appliances and cables on public roads. This is because such decisions are often very sensitive locally.

Amendment No. 51 also seeks to amend section 13(8)(a) to increase the timeframe for decisions following receipt of further information on licence applications.

Amendment No. 52 seeks to delete section 13(8)(b), which provides that where a planning authority fails to make a decision in the period referred to in paragraph (a) in relation to an application for overground electronic communications infrastructure or any associated physical infrastructure, a decision of the planning authority to grant the licence shall be deemed to have been made on the day following the expiration of the period of eight weeks from the date of receipt of the application or four weeks from receipt of the applicant's response to a request for additional information.

This is extraordinarily problematic because it means that, where the planning process fails, permission will automatically be given.

Amendments Nos. 53 and 54 mirror the increase in timeframes from eight weeks to 12 weeks and four weeks to six weeks, respectively, in the case of section 13(8)(b).

Amendment No. 55 seeks to insert a caveat into section 13(8) by way of a new paragraph (d), which would provide that, notwithstanding paragraph (b), where the licence involves an environmental impact assessment or an appropriate assessment, no deemed grant of permission shall arise where a planning authority fails to make the decision within the periods referred to in paragraph (b).

Amendment No. 56 would insert a new subsection into section 13 that would provide that any person may appeal the decision by a planning authority on an application for a licence, a continuation of a licence, a condition of a licence or a revocation of a licence under this section to the commission not later than four weeks from the date of the publication of the decision of the planning authority, and no payment of any fee shall be required for the making of such an appeal unless the appellant is the applicant for the licence. This simplifies the wording around appeals in subsection (9) and lists what can be appealed in one simple provision compared to the complex and unclear wording. It also makes clear the publication requirements and that no fee is required on observations on the appeal unless the individual is the applicant for the licences.

We are discussing our public roads' infrastructure and we need to ensure effective public participation.