COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM/TEMPLEOGUE/FIRHOUSE/BOHERNABREENA AREA COMMITTEE

Tuesday, June 08, 2021

MOTION NO. 1

 

MOTION: Councillor D. O'Donovan

That the Manager reports on the roll out of the 5G programme in the RTFB area and the planning process involved for the intallation of phone masts.

REPORT:

The Planning Authority role in the provision of telecommunication structure is through the implementation of National policy via the County Development Plan written text and the assessment of planning applications and Section 254 licences.

Private operators apply for planning permission for telecommunication infrastructure on private lands and the Planning Authority assess such applications in the context of the policies in the Development Plan and any relevant Circulars or Policy from the Department. A planning application for telecommunication infrastructure has a public consultation element and the Planning Authority has regard to submissions received. There is a right of appeal on a planning application.

Section 254 of the Planning and Development Act provides an opportunity for the provision of a licence for appliances and cables etc on public roads.
‘Overground electronic communications infrastructure and any associated physical infrastructure’ is listed as a relevant appliance that can be granted a licence on, under, over or along a public road.

Section 254 outlines that 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.

In addition, the legislation provides an opportunity for the appeal of a S254 licence, however, there is no provision in the legislation for a public consultation process to the Planning Authority as part of the Section 254 process.