COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, May 08, 2023

QUESTION NO. 16

QUESTION: Councillor K. Mahon

With regard to the Motion passed at the February Council Meeting on Section 254 applications can the manager provide the likely timetable for the introduction of the new measure and when it will be mandatory to erect a site notice with each new Section 254 application.

REPLY:

The Planning Authority notes the February 2023 Council Motion for site notices to accompany section 254 license applications for telecommunication cabinets and masts.

Currently, and outside of the prescribed procedure as set out in Section 7 of the Planning and Development Act 2000, as amended, this Planning Authority has revised procedure with inclusion of S. 254 license applications on our planning register and on our weekly lists.

In response to the above motion the Council is examining options around how this might be introduced. The first option would include a Council request for applicants to erect a site notice. However, the Planning and Development Act 2000 (as amended) makes no provision for site notices in the statutory procedure set out for dealing with these license applications. If a site notice is not installed by the applicant the Local Authority has no powers to require the applicant to do this. If a site notice is not installed it would not be possible for the Local Authority to ‘invalidate’ that application and it would have no impact on determining the licence. This may likely lead to inconsistencies and could cause confusion. The second option is whereby local authority staff are required to install a site notice, which would be very challenging for the Council to manage and resource. SDCC and the CCMA are also engaging with DHLGH on this issue in the context of making changes to the emerging Planning and Development Bill to introduce such a requirement thereby giving it a statutory footing.  

 As of yet there is no timescale for implementing a preferred approach.