Dáil Éireann Debate, Tuesday - 9 April 2024
631. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage whether he intends to change the law in light of the decision in a case (details supplied) to ensure that applications for installation of masts need to go through a planning process including the notification of the public and the right to object. [14128/24]
Amharc ar fhreagraDisallowance sought:
In accordance with section 30 of the Planning and Development Act 2000, as amended (the Act). I, in my role as the Minister with responsibility for planning shall not exercise any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned, including judicial reviews.
There was no Judgement issued in the case specified and therefore the outcome of the case did not impact in any way on the statutory planning framework.
The licensing regime in respect of overground electronic communications infrastructure is prescribed under section 254 of the Act. In this regard, section 254(6) provides that any person may, in relation to the granting, refusing, withdrawing or continuing of a licence under that section, or to the conditions specified by the planning authority for such a licence, appeal to An Bord Pleanála. Where a party to an appeal is not satisfied with the outcome of the appeal, they may seek a judicial review of that decision in accordance with sections 50, 50A and 50B of the Act. It is a matter for the Board to consider appeals received and for the Courts to consider judicial reviews on a case-by-case basis.
