COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TALLAGHT AREA COMMITTEE

Monday, February 22, 2021

MOTION NO.8

MOTION: Councillor M. Duff

"Understanding that S254 Licence Applications in 2019 and 2020 were not subject to publication in the Weekly Planning lists and acknowledging that such Applications do not require a Site Notice or consultation with local Councillors or Community and accepting that the only recourse for a local Community who object to a S254 Licence grant is to object to such granting of a Licence to An Bord Pleanala, will the Manager explain how factual verification was carried out of the information contained in an Application for a S254 Licence, S25419/08 with reference to the statements made in the Application Form from Jason Redmond and Associates on behalf of Cignal Infrastructure Ltd in relation to a Telecommunications Mast to be located at Tymon North Road. The Application states that Tymon North is a "known blackspot for mobile and wireless broadband" Who identified the area as a "known blackspot"? Was this statement verified by SDCC with other Broadband suppliers? The Application claims that the current installation in Greenhills Industrial Park is "compromised due to the developement of High Buildings in the Industrial Estate, yet makes no reference to which buildings are obstructing the service, other than Amazon, which is not in line of sight of Tymon North. The Application states and names other sites within the Industrial Estate that would be suitable but owners did not respond or not are not interested! Was this statement taken on face value or was it verified by SDCC Planning Dept? The Application states that the location in Tymon North is the most suitable site to send the signal to Tymon North and Greenhills Industrial Park yet does not give any explanation as to how the signal will reach into the Industrial Park from the street level in Tymon North, past the "High Buildings" which block the signal to the Industrial Park, in the first instance? At the location proposed in the Application for Tymon North Road, approx ten metres from the site, on the opposite side of Tymon North Road, there is a ESB Networks large Utility Box, which because of the alarming amount of Anti Social behaviour at that site, made known to both Garda and SDCC, on numerous occasions, had to be retrofitted with a "pyramid" fitting to the top of the box to prevent damage due to climbing on to the top of the box. This Application states that an Operator Cabinet will be located beside the mast. Will the Chief Executive indicate if any consultations were made with the SDCC Anti Social officers regarding this location and what provision, if any was made to ensure that this "Operator Cabinet (Utility Box) would be become a focal point for Anti Social behaviour, as in the case of its near neighbour?"

REPORT:

The content of the motion is noted and acknowledged by the Chief Executive. The motion contains a number of detailed questions on the assessment of the Licence application. The published Chief Executive Order outlines the full consideration/ assessment of the licence and details the internal departments that the proposal was referred to and the consideration of the information lodged by the applicant at application and further information stage.

Please note that the full details of the granted Section 254 Licence are available here http://www.sdublincoco.ie/Planning/Details?p=1&r=S25419%2F08&regref=S25419%2F08

Section 254(5) of the Planning and Development Act states
‘In considering an application for a licence under this section a planning authority, or the Board on appeal, shall have regard to—
( a) the proper planning and sustainable development of the area,
( b) any relevant provisions of the development plan, or a local area plan,
( c) the number and location of existing appliances, apparatuses or structures on, under, over or along the public road, and
( d) the convenience and safety of road users including pedestrians

It is apparent from the motion that there are concerns in relation to this decision and the Chief Executive advises that Section 254 (6) ( a) provides access to an appeal of the decision to An Bord Pleanala and 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.’