Niamh Smyth (Cavan-Monaghan, Fianna Fail)
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534. To ask the Minister for Housing, Planning, and Local Government the regulations and conditions appertaining to the installations of telecom poles in residential areas (details supplied}; and if he will make a statement on the matter. [30457/22]

Peter Burke (Longford-Westmeath, Fine Gael)
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Section 254 of the Planning and Development Act 2000 , as amended ‘the Act’, provides for a licensing system for appliances and structures, placed on, above, under or along a public road, including footpaths. The Act provides that a ‘public road’ has the same meaning as the Roads Act 1993, which defines it as “a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority”. A person applying for a licence must provide the planning authority with such plans and other information concerning the position, design and capacity of the appliance, apparatus or structure as the authority may require. A licence may be granted by the planning authority for such period and upon such conditions as may be specified, including conditions in relation to location, design, space taken up by appliance and the need to protect protected structures etc. Within the statutory framework, licensing is a matter for each individual local authority and I, as Minister, have no role in the matter.

In considering an application for a licence under section 254(5) of the Act, a planning authority shall have regard to the proper planning and sustainable development of the area, development plans, the number and location of existing appliances and the convenience and safety of road users including pedestrians.

Section 254(5A) of the Act outlines the licensing process in respect of an application for a licence to erect, construct, place or maintain overground electronic communication infrastructure and any associated physical infrastructure, including telecommunication poles. If a planning authority fails to make a decision within a period of 4 months commencing on the date of receipt of an application, a decision of the planning authority to grant a licence shall be deemed to have been made on the day following the expiration of that period of 4 months. Where a planning authority requests additional information from the applicant and has not made a decision within a period of 4 months of receiving the applicant’s response to the request, a deemed decision to grant a licence shall be deemed to have been made. A deemed decision to grant a licence shall be subject to the condition that the network operator concerned, in advance of commencement of the works, shall inform the planning authority concerned and the National Roads Authority or road authority where applicable.

Under section 254(6) any person may, in relation to the granting, refusing, withdrawing or continuing of a licence under this section or to the conditions specified by the planning authority for such a licence, appeal to An Bord Pleanála. Under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned, except in very specific circumstances, which do not apply in this case.