Dáil Éireann Debate, Thursday - 9 November 2023
230. Deputy Pádraig O'Sullivan asked the Minister for Housing, Local Government and Heritage if he would consider the removal of exemptions of planning for small telecommunication masts in order that they would be required to undergo the planning process; and if he will make a statement on the matter. [41886/23]
View answerUnder the Planning and Development Act 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission.
In this regard, Class 31 of Part 1 of Schedule 2 of the Planning and Development Regulations 2001, as amended, provides that certain classes of development carried out by a statutory undertaker authorised to provide a telecommunications service are, subject to specified conditions, exempted development from the requirement to obtain planning permission. Where the conditions and size thresholds specified in the exemption class are not complied with or are exceeded, planning permission is required.
In addition, a “statutory undertaker” as defined under section 2 of the Act means a person, for the time being, authorised by or under any enactment or instrument under an enactment to provide, or carry out works for the provision of, gas, electricity or telecommunications services. The exemption under Class 31 is not open to persons other than statutory undertakers.
Exemptions from the requirement to obtain planning permission in respect of specific forms of development are provided for when they are considered to be consistent with proper planning and sustainable development. Planning exemptions are removed in accordance with section 4(4) of the Act where an environmental impact assessment or appropriate assessment of the development is required. In addition, the exemption may also be removed under section 57 of the Act where the proposed development would materially affect the character of a protected structure, or any element of a protected structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest.
Where planning permission is required, an application for permission must be made to the relevant planning authority under section 34 of the Act.
These arrangements are considered appropriate for the purpose of supporting the roll-out of a high quality communications service by a statutory undertaker while also taking account of the ongoing technological advances in this area. The legislative provisions are supplemented by planning guidelines entitled the Telecommunications Antennae and Support Structure Guidelines, which originally issued to planning authorities in 1996. In 2012, my Department issued Circular Letter PL07/12 to planning authorities, updating certain sections of these Guidelines. The Guidelines provide advice on appropriate location and siting considerations for telecommunication installations and masts to be considered in the development planning and development management process. The Guidelines, and subsequent Circular Letter, are available at the following links:www.opr.ie/wp-content/uploads/2019/08/2012-Telecommunications-Antennae-and-Support-Structures-Circular-PL-07-12-1.pdf.andassets.gov.ie/111242/904beafb-f8f4-4585-954f-c0753072e422.doc.
I have no current plans to amend the Regulations in this regard.
