COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, March 08, 2021

QUESTION NO. 15

QUESTION: Councillor C. O'Connor

To ask the Chief Executive if he has given consideration to the criticism directed at the Council in respect of the granting of section 254 applications; will he present a full report detailing changes he has made and proposes in respect of section 254 applications and will he give assurances regarding notice and proper public consultations and will he make a statement

REPLY: 

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 Chief Executive acknowledges the concerns that have been raised in relation to Section 254 Licence decisions. At the outset, it is important to outline that there is an appeal process available under Section 254 for any person to appeal a decision of the Planning Authority. 

It is noteworthy that this appeal process is not time limited in the legislation.

(6) ( a) 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.  

Notwithstanding the appeal option, the Planning Department has sought to improve the S254 process through the following actions: 

The question queries the public consultation process for the Section 254 Licenses, and Section 254 legislation / regulation does not provide for public consultation and the legislation does not list submissions as a relevant consideration. As such, the Planning Authority has no legal basis in this statutory decision making process to take account of submissions.

It is noted that a granted Section 254 Licence deems a proposal exempt from planning permission under Section 254(7).  The approach of the Planning Authority in relation to public consultation on a S254 Licence is therefore similar to that of a Section 5 Declaration of Exempted Development application. 

The Planning Authority has permitted 12 licenses under Section 254 for telecommunication equipment. 2 applications were refused, 1 application was withdrawn and there is 1 decision pending. Some of these decisions to grant are under appeal to An Bord Pleanala.

The list below provides the reference number, date received, address, decision and decision date for the each of the relevant applications