Written answers
Thursday, 6 February 2025
Department of Housing, Planning, and Local Government
Planning Issues
Séamus McGrath (Cork South-Central, Fianna Fail)
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143. To ask the Minister for Housing, Planning, and Local Government if he will bring forward amendments to section 254 of the Planning and Development Act 2000, for overground electronic communications infrastructure and associated physical infrastructure (details supplied). [3811/25]
Conor McGuinness (Waterford, Sinn Fein)
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144. To ask the Minister for Housing, Planning, and Local Government his views on whether it is appropriate that development of large-scale permanent telecommunications masts can avail of the section 254 licensing process generally utilised for temporary signage and street furniture, rather than the standard planning permission process; if the grant of such a licence on local authority land by An Bord Pleanála conflicts with the reserved function of councillors to dispose of property under section 183 of the Local Government Act 2001; and if he will make a statement on the matter. [3821/25]
James Browne (Wexford, Fianna Fail)
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I propose to take Questions Nos. 143 and 144 together.
It is a matter for individual planning authorities to consider licence applications under section 254 of the Act on a case by case basis, including those for telecommunications infrastructure along public roads.
Under section 254(5) of the Planning and Development Act 2000, in considering an application for a licence under this section a planning authority, or An Bord Pleanála (the Board) on appeal, shall have regard to
- the proper planning and sustainable development of the area,
- any relevant provisions of the development plan, or a local area plan,
- the number and location of existing appliances, apparatuses or structures on, under, over or along the public road, and
- the convenience and safety of road users including pedestrians.
Where a planning authority grants a licence under section 254 of the 2000 Act, in accordance with section 254(6) of the 2000 Act 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 the decision to the Board. It is then a matter for the Board to consider. Additionally, the decision on any appeal by the Board may be subject to Judicial Review under sections 50, 50A and 50B of the 2000 Act and is a matter for the Courts.
The granting of a licence under section 254 of the 2000 Act does not affect the ownership of, or necessitate disposal of property, as the licence is restricted to infrastructure on a public road. Public roads are declared under section 11 of the Roads Act 1993, as amended and fall under the responsibility of the Minister for Transport.
Where necessary, in accordance with section 254(4) of the 2000 Act a planning authority may include that a licence may be granted under section 254 by the planning authority for such period and upon such conditions as the authority may specify, including conditions in relation to location and design.
The provisions under section 254 of the Act provide that applications for licences are considered on a case-by-case basis and that any person may appeal such licences to the Board. Additionally, where issues arise and the planning authority considers it appropriate, licences under section 254 of the 2000 Act may be withdrawn.
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