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Dáil Éireann díospóireacht -
Thursday, 28 Jan 1999

Vol. 499 No. 2

Written Answers. - Communications Masts.

Trevor Sargent

Ceist:

107 Mr. Sargent asked the Minister for the Environment and Local Government if his attention has been drawn to recent reports (details supplied) that the parties in the Northern Assembly look likely to propose legislation to forbid the erection of mobile telephone transmitters within 500 metres of private property; the plans, if any, he has to introduce similar legislation here; and if he will make a statement on the matter. [2311/99]

My attention has been drawn to the report referred to.

The erection of telephone masts requires planning permission from the relevant planning authority unless exempted under the Local Government (Planning and Development) Acts and Regulations. I have no proposals, at present, to amend the relevant legislation.

My Department issued planning guidelines on telecommunications antennae and support structures in July 1996. These are intended to assist both planning authorities and An Bord Pleanála as well as operators of mobile telecommunications services and the general public by providing guidance on dealing with telecommunications antennae and support structures within the planning system. A copy of the guidelines is available in the Oireachtas Library. I have no proposals to amend these guidelines. I will, of course, follow with interest any initiative which the Northern Ireland Assembly may take in this area.

Trevor Sargent

Ceist:

108 Mr. Sargent asked the Minister for the Environment and Local Government if his attention has been drawn to the fact that county council planning offices are unaware of the location of mobile phone base stations that are exempt from planning permission under S.I. No. 78 of 1997; and if he will make a statement on the matter. [2312/99]

Trevor Sargent

Ceist:

109 Mr. Sargent asked the Minister for the Environment and Local Government the individual or body which bears the inspection responsibility for mobile phone base stations that are exempt under S.I. No. 78 of 1997 in order to see that their installation complies with the guidelines issued in 1996; and if he will make a statement on the matter. [2313/99]

Trevor Sargent

Ceist:

110 Mr. Sargent asked the Minister for the Environment and Local Government if he will report on the situation of developments exempt from planning permission under S.I. No. 78 of 1997; the body or organisation which bears ultimate responsibility for these developments; and if he will make a statement on the matter. [2314/99]

Trevor Sargent

Ceist:

111 Mr. Sargent asked the Minister for the Environment and Local Government the reason schools and residential areas are regarded as areas of last resort under the guidelines to local authorities by his Department issued in July 1996; and if he will make a statement on the matter. [2315/99]

Trevor Sargent

Ceist:

112 Mr. Sargent asked the Minister for the Environment and Local Government the procedures for lodging objections by local residents to developments exempted under S.I. No. 78 of 1997; and if he will make a statement on the matter. [2316/99]

I propose to take Questions Nos. 108 to 112, inclusive, together.

Under section 8 of the Local Government (Planning and Development) Act, 1963, a planning authority is required to keep a register in respect of all land within its functional area affected by that Act. A planning authority is not required to keep a register of exempted development – development for which planning permission is not required – and therefore would not necessarily be aware of the location of any mobile phone base stations which are exempted development under the Local Government (Planning and Development) Regulations, 1997 – S.I. No. 78 of 1997). Similarly there is no procedure whereby members of the public can submit comments to a planning authority on an exempted development.

It is the responsibility of the planning authorities who have wide enforcement powers under planning legislation to halt and rectify unauthorised development. Anyone who feels that land is being developed or used without planning permission may contact the relevant planning authority who will investigate the matter. In addition any person may apply, in either the Circuit or High Court, for an order restraining unauthorised development or use of land.
Planning authorities do not have any statutory responsibility to inspect exempted development. All mobile phone operators are required under their licence to comply with the International Radiation Protection Association, IRPA, guidelines on non-ionising radiation or the equivalent European Pre-standard 50166-2. Monitoring of emissions from mobile telephony antennae is a matter for the Office of the Director of Telecommunications Regulation.
My Department issued guidelines on telecommunications antennae and support structures to planning authorities in July 1996. The purpose of these guidelines is to assist planning authorities, An Bord Pleanála, operators of mobile telecommunications services and the general public by providing guidance on dealing with telecommunications antennae and support structures within the planning system. Therefore they give guidance on dealing with planning applications for mobile phone masts and do not relate to exempted development.
The guidelines discuss the siting of masts and list the issues to be considered in agreeing on a site. For example in discussing visual impact the guidelines state that in the vicinity of larger towns and in city suburbs operators should endeavour to locate in industrial estates or in industrially zoned land. The guidelines then suggest that commercial and retail areas be explored and then state that "only as a last resort should free-standing masts be located in a residential area or beside schools." The guidelines note, however, that if such a location should become necessary, sites already developed for facilities should be considered. The guidelines, therefore, identify a hierarchy of suitable locations for new masts.
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