Written Answers. - Communications Equipment.
Charles Flanagan
Ceist:
272
Mr. Flanagan
asked the
Minister for the Environment and Local Government
if he will clarify the situation regarding the erection of communication masts, aerials, antennae and mobile phone dishes with particular reference to the planning laws and exemptions; if he considers the current situation to be desirable whereby such masts and temporary structures are exempt from planning permission; and if he will make a statement on the matter.
[15607/01]
Enda Kenny
Ceist:
298
Mr. Kenny
asked the
Minister for the Environment and Local Government
if his Department has a policy regarding the provision of telecommunication masts; and if he will make a statement on the matter.
[16020/01]
I propose to take Questions Nos. 272 and 298 together.
General responsibility for policy in relation to telecommunications is a matter for the Minister for Public Enterprise. My remit relates to the land use planning aspects of telecommunications infrastructure. In this regard, my Department published guidelines for planning authorities on telecommunications antennae and support structures in July 1996. The guidelines were issued 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. A copy of the guidelines is available in the Oireachtas Library.
Generally speaking, the erection of a communications mast or the attachment of antennae is development and requires planning permission. The Local Government (Planning and Development) Regulations, 1997, S.I. No. 78 of 1997, provide that the attachment to an existing radio mast of antennae for mobile telephony and the replacement of an existing mast are exempted development. The addition of antennae for mobile telephony to an existing radio mast are, subject to certain criteria – restrictions on the size, number and type of mobile phone antennae and compliance with certain emissions standards – exempted development. The purpose of the 1997 regulations was to clarify the position in relation to the addition of antennae for mobile telephony to existing radio masts and to promote the sharing of masts by different operators in order to reduce the number of masts required and minimise the impact of masts on the environment and landscape.
The Local Government (Planning and Development) Act, 1993, provides that the Minister for the Environment and Local Government can, by way of regulations, provide that the Planning and Development Acts would not apply to development by or on behalf of a State authority, where such development was in connection with or for the purposes of public safety or order, or the administration of justice or national security or defence. Effect was given to this provision by way of Part XIII of the Local Government (Planning and Development) Regulations, 1994, which provided for an alternative public consultation process. As a result, for example, Garda communications masts used for the purpose of or in connection with the operations of the Garda Síochána do not need planning permission and instead are subject to Part XIII of the 1994 regulations.
On the question of temporary masts and antennae, Class 29 of Part I of the Second Schedule of the Local Government (Planning and Development) Regulations, 1994, exempts certain development by licensed telecommunications operators from the requirement for planning permission. In particular, Class 29(h) exempts transportable radio links subject to a number of conditions, one of which is that the link shall be removed from the land on which it is provided not later than 12 months from the date on which it was provided. A comprehensive review of the exempted development regulations made under the Planning Acts is currently under way in my Department. Work on these regulations, which requires the approval of both Houses of the Oireachtas before they can be made, is now at an advanced stage and I propose to publish these regulations and submit them to the Oireachtas within the next month.
