Dáil Éireann Debate, Tuesday - 30 May 2023
371. Deputy Niall Collins asked the Minister for Housing, Local Government and Heritage if he plans to amend paragraph 6 subsection (a) of Section 254, Planning and Development Act 2000 to include a requirement, in the event of an appeal against the granting of a licence for a telecommunication mast, that all works, granted by such a licence, cease until the appeal process is concluded by the Board; and if he will make a statement on the matter. [25702/23]
View answerIt should be noted that the licence regime under section 254 of the Planning and Development Act 2000, as amended (the Act) does not constitute planning permission. Section 254(7) provides that development carried out in accordance with a licence under this section shall be exempted development for the purposes of this Act. There is no time limit on taking an appeal under 254(6) of the Act, therefore a licence may have been in place for some time with infrastructure installed prior to the lodging of any appeal.
Under section 254(6)(a) of the 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 to An Bord Pleanála.
With regard to the specific matter raised in the question, section 254(6)(b) of the Act provides that where an appeal under this section is allowed, the Board shall give such directions with respect to the withdrawing, granting or altering of a licence under this section as may be appropriate, and the planning authority shall comply therewith. Therefore, once an appeal is allowed, it is a matter for the Board to give direction to the planning authority with regard to the licence and any works permitted by such licence while the appeal is ongoing.
Where an appeal is ongoing, the Board must be allowed complete its deliberation on any appeals of licences on a case-by-case basis and give directions as appropriate without interference.
Following the decision of the Board on an appeal, the decision of the Board may then be subject to Judicial Review by the Courts in accordance with sections 50, 50A and 50B of the Act. It is a matter for the Courts, which are an independent body and where judicial reviews may be lodged regarding planning in accordance with the Act, to consider any issues raised on a case-by-case basis and give their judgement as appropriate.
While planning legislation is kept under constant review, I have no plans to make further legislative changes in this regard at this point in time.
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 An Bord Pleanála is or may be concerned.
