Dáil Éireann Debate, Thursday - 9 December 2004
251 Ms Enright asked the Minister for the Environment, Heritage and Local Government if An Bord Pleanála has the authority to overturn a planning refusal for the erection of a mast when such refusal was in line with a specific county development plan; and if he will make a statement on the matter. [32948/04]
View answer252 Ms Enright asked the Minister for the Environment, Heritage and Local Government if his Department has issued any guidelines on the erection of masts; and if he will make a statement on the matter. [32949/04]
View answerI propose to take Questions Nos. 251 and 252 together.
Section 37 of the Planning and Development Act 2000 provides that, in determining an appeal, An Bord Pleanála is restricted to considering the proper planning and sustainable development of the area, regard being had inter alia to the provisions of the development plan. The section provides that the board may grant permission where the proposed development materially contravenes the development plan. However, where a planning authority has decided to refuse permission on the grounds that a proposed development materially contravenes the development plan, the board may grant permission only in certain limited circumstances. For example, the board may grant permission in material contravention of an objective of the development plan where it considers that there are conflicting objectives in the development plan or that permission for the proposed development should be granted having regard to any statutory ministerial planning guidelines or any relevant policy of the Government or any Minister of the Government.
Guidelines for planning authorities on telecommunications antennae and support structures were issued by my Department in July 1996. A copy of the guidelines is available in the Oireachtas Library.
