Dáil Éireann debate -
Thursday, 15 Feb 1996

Vol. 461 No. 6

Written Answers. - Mobile Telephone Networks.

Michael Ahern

Question:

14 Mr. M. Ahern asked the Minister for the Environment the consideration, if any, he will give to appointing a compensation tribunal to aid owner occupiers in the face of the massive devaluations that will occur to their residences by the erection of cellular phone masts in the vicinity of their properties, in view of the fact that such owner occupiers have no redress under the exemptions outlined in the Local Government Planning and Development Regulations, 1994, SI 86. [3342/96]

Michael Ahern

Question:

24 Mr. M. Ahern asked the Minister for the Environment the way in which he intends to deal with the infrastructure required and plans needed to cope with different mobile telephone networks being set up in the future and the consequential organisation of antennae, radio equipment containers and other ancillary equipment such as poles and cables for the provision of electricity. [3341/96]

Minister for the Environment (Mr. Howlin)

I propose to take Questions Nos. 14 and 24 together.

Responsibility for national policy in relation to the development of mobile telephone networks lies with the Minister for Transport, Energy and Communications. Any health issues arising from the development of such networks are matters for the Ministers for Health and Transport, Energy and Communications. As the Minister for the Environment, my functions arise from the fact that antenna support structures require planning permission.

As I have already informed the House, I have issued draft consultation guidelines on the planning issues arising in connection with communication masts for the guidance of planning authorities, operators and the general public. The draft guidelines advise that operators be required to furnish evidence that their installations comply with the International Radiological Protection Association (IRPA) guidelines or other relevant international standards. This is to ensure that best international practice is followed.

While Article 9 (1) (b) of the 1994 Planning and Development Regulations provided, as a transitional measure, that antenna support structures, below certain heights, would be exempted development for a period of six months from the coming into force of the regulations on 16 May 1994, all such structures now require planning permission. It is open to any person to make an objection to the planning authority where an application is made in relation to any particular development and, if dissatisfied with the decision of the authority, to appeal to An Bord Pleanála.

The Planning and Development Acts do not provide for the payment of compensation where it is claimed that the value of land is reduced by the development of adjoining land. Any question as to whether a claim to compensation or damages would arise in such circumstances is a matter for the general law and any question of establishing a tribunal to deal with any such claims would not be a matter for me.