Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

Question 369: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the construction of a mast (details supplied) within 25 ft. of a private residence in Brownstown, County Kildare; if this mast is an exempted development under Class 31(j) of the Planning and Development Regulations 2001; and if he will make a statement on the matter. [13823/10]

John Gormley (Dublin South East, Green Party)
Link to this: Individually | In context

In general, planning permission must be obtained for the erection of an antenna support structure or mast. Under Article 6 and Schedule 2 of the Planning and Development Regulations 2001, certain classes of development carried out by a statutory undertaker authorised to provide a telecommunications service are, subject to specified conditions, exempted development for the purposes of the Planning Acts. These include -

· the attachment of additional antennae to an existing antenna support structure;

· the erection of an antenna support structure in place of an existing antenna support structure, and

· the attachment of antennae to certain existing structures, such as lamp posts, flag poles, CCTV poles, electricity pylons and certain public or commercial buildings (other than educational facilities, childcare facilities or hospitals).

The application and interpretation of the Regulations is a matter for the relevant planning authority in the first instance, although a question in relation to whether works/structures are or are not exempted development may be referred to An Bord Pleanála under section 5 of the Planning and Development Act 2000. Enforcement of planning control is also a matter for the planning authority, which can take action where a development requiring planning permission has not obtained this permission or where permission has not been complied with.