COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF TALLAGHT AREA COMMITTEE

Thursday, December 17, 2020

MOTION NO. 1

MOTION: Councillor M. Duff

That this Area Committee calls on the Chief Executive to present a detailed report to the members of this Committee regarding the granting of a Licence under Application Ref S25419/06 to Cignal Ltd for a Telecommunications Mast and support box on Council owned lands at Sylvan Drive, Kingswood. The Committee also calls on the Chief Executive to explain why a briefing on the purpose and rationale behind this application about this local, highly contested structure, was not presented to members of the Tallaght Area Committee, as a matter of courtesy, in advance of the Granting Decision, to inform the Elected Members. Would the Chief Executive also explain why this application does not appear on the Weekly Lists for either the 09/08/2019 0r 16/08/2019 as the Application is dated the 07/08/2019.

REPORT:

Section 254 of the Planning and Development Act 2000 (as amended) was amended by the Communications Regulation Act, 2002. The amended Section 254 of the Planning and Development Act 2000 enables a licence application for overground electronic communications infrastructure and any associated physical infrastructure to be lodged as licenses along public roads. Section 254(7) states that ‘Development carried out in accordance with a licence under this section shall be exempted development for the purposes of this Act.’

The Planning Authority assessed the application for the licence having regard to the proper planning and sustainable development of the area, the relevant provisions of the development plan, the number and location of existing appliances, apparatuses or structures on, under, over or along the public road, and the convenience and safety of road users including pedestrians. The Planning Authority has granted a licence, subject to 18 conditions, including limiting the licence to three years. Please note that the license decision and Chief Executive Order is available at www.sdcc.ie under reference S25419/06. The link below should be to the relevant file http://www.sdublincoco.ie/Planning/Details?p=1&r=s25419%2F06®ref=S25419%2F06

Section 254 (6) ( a) states that ‘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 the Board.’

The Planning and Development Regulations do not require the inclusion of S254 licences on the weekly list. Notwithstanding same, the Planning Authority will revise this approach and, in the future, will include S254s to the weekly list.

The assessment of the S254 licence application is an executive function and it is not the practice or requirement of the Planning Department to present all such proposals to the ACMs.