2026-01-27

I thank the Minister for being here. I raise the issue of section 254 licence applications, under the Planning and Development Act 2000, which permits the installation of telecommunications masts in communities. I believe this is a fundamentally flawed process and I will explain that in a moment. Of course, we need to improve our telecommunications infrastructure. There is no doubt about that. However, we need to do so in a sustainable manner and one which does not adversely affect our communities. The section 254 application process is a secretive process. It is non-transparent. There is no statutory obligation on the applicant to publish a site notice, for example, to let a community know that such an application is being made. There is no statutory requirement on the local authority to publish the fact that an application has been made under section 254 for a telecommunications mast to be installed in their community. Because those requirements are not laid down in legislation, it is up to local authorities to interpret how they should approach this. Many do not publish them and, as I said, there is no requirement for a site notice. In my experience, most residents only become aware of such masts being installed in their communities when they see the construction work taking place. That is deeply unfair. Residents do not have a say in the process. Because they are not aware of it, they are not able to have an input. In fact, even if they were aware of it, at a local authority level, there is no mechanism for them to have a say. They can appeal if they are aware that an application has been made and permitted. They are entitled to appeal that to An Coimisiún Pleanála. Again, however, in many cases, residents are simply not aware that an application has been lodged with the local authority or, indeed, granted. It is deeply unfair that residents will not have their voice heard in this respect. Because there is no requirement in terms of distance from a family home or a residential property, many of these masts, which are 18 m high in many cases, are installed within a distance of only metres from people's properties. That is totally unacceptable. If any of us in the Chamber woke up tomorrow morning and saw one of these 18 m high telecommunications masts being installed within a matter of metres of our front door, back door or bedroom window, I know full well we would not be happy and we would be asking ourselves how this is possible. It is possible under the current rules, however, and that has to change because it is deeply unfair and inequitable. People’s homes are so important to them. They are their sanctuary. They are where they want to spend their time. The fact that their house and what is precious to them can be impacted in such a way by one of these masts being installed is totally unacceptable. The local authority does have to take certain criteria into account to ensure it is proper and sustainable planning and that it is consistent with development plans and so on. It looks at things like the density of such telecommunications masts in the area. There is a fourth criterion as well in relation to public safely, such as the obstruction of footpaths and so on. However, these are very vague requirements for the local authorities to take into account. Nowhere does it state that they have to take into account the distance from a residential property. In fact, I understand they are prohibited from taking that into account because it is not part of the application process. This needs to change urgently. I ask the Minister of State to please take that message away tonight so that communities will not wake up with these masts being imposed on them without their knowledge or input.

I thank Deputy McGrath for raising this Topical Issue matter relating to section 254 licence applications for telecommunications infrastructure and proximity to residential properties, which I am taking on behalf of the Minister for Housing, Local Government and Heritage, Deputy Browne. Under section 30 of the Planning and Development Act 2000, as amended, the Minister with responsibility for planning is specifically precluded from exercising any power or control in relation to any planning-related matter with which a planning authority or the board is or may be concerned. Section 254 of the Planning and Development Act 2000, as amended, provides for a licensing system for appliances and structures placed on, above, under or along a public road, including footpaths. The Act provides that a public road has the same meaning as the Roads Act 1993, which defines it as "a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority". A person applying for a licence must provide the planning authority with such plans and other information concerning the position, design and capacity of the appliance, apparatus or structure as the authority may require. A licence may be granted by the planning authority for such period and upon such conditions as may be specified, including conditions in relation to location, design, space taken up by the appliance and the need to protect protected structures, etc. Within the statutory framework, licensing is a matter for each individual local authority and the Minister with responsibility for planning has no role in the matter. In considering an application for a licence under section 254(5) of the Act, a planning authority shall have regard to the proper planning and sustainable development of the area, development plans, the number and location of existing appliances and the convenience and safety of road users, including pedestrians. Section 254(5A) of the Act outlines the licensing process in respect of an application for a licence to erect, construct, place or maintain overground electronic communication infrastructure and any associated physical infrastructure, including telecommunications poles. If a planning authority fails to make a decision within a period of four months commencing on the date of receipt of an application, a decision of the planning authority to grant a licence shall be deemed to have been made on the day following the expiration of that period of four months. Where a planning authority requests additional information from the applicant and has not made a decision within a period of four months of receiving the applicant's response to the request, a deemed decision to grant a licence shall be deemed to have been made. A deemed decision to grant a licence shall be subject to the condition that the network operator concerned, in advance of commencement of the works, shall inform the planning authority concerned and the National Roads Authority or road authority where applicable. Under section 254(6), 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 An Coimisiún Pleanála under section 30 of the Act.

I thank the Minister of State for his reply. I respect the fact that he is here this evening but, unfortunately, that reply does not in any way address the issues I raised in relation to these telecommunications masts being installed and erected close to residential properties and the fact that there is no provision whatsoever in the rules and regulations to ensure there is a safe and respectable buffer distance required. The landscape of our communities and streetscapes are changing in urban areas because of the installation of these 18 m high steel poles and telecommunications masts. Residents and communities are absolutely shocked when one of these appears in their area and they realise they have had no input or say in the matter and their voice could not be heard. Of course, they turn to public representatives, but we have no answers for them because, as I said, this is a secretive and non-transparent process. The fact that local authorities do not even have to publish these applications is fundamentally wrong. The fact that there is no site notice is fundamentally wrong. It is about restoring some trust in the system here. This is under the Planning and Development Act. It is a licence application, not a planning application. However, we do have to restore public trust in how these applications are administered, processed and so on. While we are all in favour of technological advances, it should not come at the total abandonment of our communities in terms of sustainable planning. I put it to the Minister of State, as I said earlier, that if this happened to any of us in the House and we woke up to one of these 18 m high telecommunications masts being put in front of, behind or alongside our house, I am sure we would a lot have to say on the matter. I simply cannot understand how it is not provided for in the legislation that the installation of these masts should be a safe distance from a family home or a residential property. Again, I ask the Minister of State to please take that away so that this issue can be looked at with urgency.

Once again, I thank Deputy McGrath for raising this Topical Issue matter, which I am taking on behalf of the Minister for Housing, Local Government and Heritage, Deputy Browne. The Planning and Development Act 2024 was signed into law by the then President on 17 October 2024. The Department is putting arrangements in place to implement the phased commencement of the Act of 2024 to transition to new legislation across the planning system, taking account of the need to liaise with local authorities, planning bodies and other stakeholders. The existing provisions of the Planning and Development Act 2000 will remain in place until the relevant provisions of the Bill are commenced. Section 254 of the Act of 2000 will be replaced by sections 13 and 14 of the Act of 2024 on commencement of those sections. Section 13(4B) of the Act of 2024 was added on Seanad Report Stage to include a regulation-making power for the Minister to prescribe certain classes of licence requests as requiring public notification. The amendment takes account of the input on Seanad Committee Stage in relation to a licence for telecommunications masts and ensures there is public notification process for such licence applications. Specifically, I will bring the further points Deputy McGrath raised to the attention of Department officials and the Minister, Deputy Browne.