PROPOSED CHANGES TO NEW PLANNING BILL TO REMOVE EVEN MORE PUBLIC RIGHTS TO OPPOSE MONOPOLES/MASTS/ANTENNAS
Lobbying from Telecommunications Industry and IBEC
Licences for Telecommunications Infrastructure on Public Roads (footpaths & green spaces)
Section 254 licences are granted by Local Authorities for street furniture like signposts, hoardings, vending machines, tables and chairs outside cafés. Circa 2019, telecommunications mast/monopoles carrying antennae for 3G/4G/5G and accompanying cabinets were added to this list. A licence costs just €125.
These licence applications do not go through the usual planning process and are usually dealt with by the Roads and Municipal depts in the local authorities. Neither the telecommunications company nor councils are obliged to notify, consult or allow submissions from locals about proposed structures being erected in their localities.
Four councils only provide documents on their planning websites, but only one of those (Dublin City Council) allows public submissions. Other councils do not provide public notification, documentation, site notices or the right to object, and it can be difficult to get information from them. Some councils refuse to provide documentation or withhold documents even after a licence has been granted, the structure about to be installed, or mast and cabinet already in place.
In many cases, the public are unaware of a granted licence for a 4G/5G mast monopole until construction works start and a 15metre, 18metre or 20 metre high structure and cabinet is erected beside their homes, in their locality or beside their schools.
Section 254 licences applications for telecommunications appliances are not subject to Environmental Impact Assessments (EIA) to assess their possible effects on the environment.
Currently local authorities have 4 months to process and make a decision on a Section 254 telecommunications Licence. If a decision is not made within 4 months, then the application is considered granted, ie a ‘deemed decision to grant a licence’
Local authorities can refuse an application. Telecom companies can then appeal the decision to An Bord Pleanála, and if the public are aware, they can make an observation on that appeal within 4 weeks (cost to public is €50). Many of these refusals have been overturned by An Bord Pleanála.
Currently any person or group can also appeal the granting of a Section 254 licence and installation of a monopole. (cost to public is €220). Some people have lodged appeals against monopoles already erected and in other cases where they were made aware of proposed installation – and stopped works so far.
Image: Typical telecommunications monopoles being installed under Section 254 Licences. The ‘Compact Modular Tri-Sector Antennas’ are concealed in the top. One monopole can transmit 3G, 4G and 5G signals. They can be extended upwards with more antennas added to the top – ‘With its modular design, you can field-upgrade sectors and stack up to 4 operators on one pole, solving critical installation issues and speeding up 4G/5G deployments.’ https://www.youtube.com/watch?v=wpRXd9OH5eQ
DRAFT PLANNING & DEVELOPMENT BILL – PROPOSED CHANGES
Section 10 of the draft Planning and Development bill to replace Section 254 and proposes the following in relation to licensing of telecommunications appliances and cables on public road:
- Removing the right for members of the public to appeal a decision, so fully removing any public consideration, consultation or opportunity to object. IBEC Telecommunications Industry Ireland recommends ‘the exclusion of appeals made on spurious grounds is recommended; for example, claims regarding 5G that are contrary to accepted public health guidance from agencies such as the World Health Organisation.’
- Reducing local authorities’ decision making period from 4 months to 8 weeks, after which if the local authority has not made a decision, the application is deemed granted. No doubt the extra workload of having to process more telecom appliance applications in a shorter will result in the possibility of licences being deemed granted without proper process.
- IBEC Telecommunications Industry Ireland also recommends that ‘the Bill should clarify that infrastructure of any size or scale, including those which would ordinarily fall within a standard planning application process, can be presented to the planning authorities for licence consideration via the S.10 process’
To date, only a few TDs and one Senator have raised the issue of Section 254s in the Dáil , with recent debate about the new Bill. A few more Councillors though have been voicing their concerns about this in the last few years.
Every one of our elected representatives should be questioning this whole process which already goes against the Aarhus Convention, and the proposed changes.
Cianan Brennan, Irish Examiner:
Bill would remove right to appeal against telecoms mast licences by https://www.irishexaminer.com/news/arid-41107786.html
‘Blatant attack on rights’
The removal of the right of appeal has been branded outrageous by planning solicitor Eoin Brady who said it “represents a blatant attack on democratic rights of public participation in environmental decision-making”. He said the amendment likely came “from lobbying from the telecoms industry”.
DRAFT PLANNING & DEVELOPMENT BILL – Section 10 Licensing of appliances and cables, etc., on public roads (Pages 55 – 62)
Footnote on page 60 – since removed
Telecommunications Industry Ireland IBEC : submission on Draft Planning & Development Bill
Councillor Cillian Murphy, Co Clare https://cillianmurphy.ie/section-254-the-dubious-history-in-this-country-around-licensing-and-the-telecoms-industry/
Dáil and Seanád Questions and Debates – Various questions on Section 254 Licences
https://www.kildarestreet.com/search/?s=section+254+masts
Galway City Council votes to curtail phone masts in built-up areas https://archive.connachttribune.ie/galway-city-council-votes-to-curtail-phone-masts-in-built-up-areas/
Concern That 15 Metre 5G Mast In Ennis Will “Set Dangerous Precedent” https://www.clare.fm/news/road-safety/concern-15-metre-5g-mast-ennis-will-set-dangerous-precedent/
Plans to erect seven 5G masts in Cork City rejected https://www.irishexaminer.com/news/munster/arid-40991843.html
Sylvan Drive, Tallaght https://www.irishexaminer.com/news/arid-40908767.html
Kingswood, Tallaght https://www.echo.ie/residents-appalled-and-let-down-by-mast-works/
Dáil Debate – John Lahart, Paul Murphy, Colm Brophy – Section 254 Telecommunications Licences https://www.oireachtas.ie/en/debates/debate/dail/2023-05-09/30/#s31
Limerick residents up in arms over erection of 5G mast https://www.limerickleader.ie/news/home/533927/limerick-residents-up-in-arms-over-erection-of-5g-mast.html
Widow sues An Bord Pleanála over permission for mast on her land https://www.irishexaminer.com/news/arid-41141065.html
Bluebell, Dublin https://www.echo.ie/fierce-objections-from-residents-against-monstrous-ugly-mast/
Bluebell, Dublin – Councillor sues An Bord Pleanála over ‘irrational’ mast decision https://www.irishexaminer.com/news/arid-41094094.html
High Court challenges against telecoms masts in south Co Dublin. Groups from Kingswood, Saggart say An Bord Pleanála went against advice of inspectors
Piltown, Kilkenny https://www.wlrfm.com/news/protests-continue-in-piltown-against-erection-of-telecommunications-pole-296901
Cianan Brennan: What unsavoury secrets lie within the new 738-page long Planning Bill? https://www.irishexaminer.com/opinion/commentanalysis/arid-41108509.html
Electromagnetic Sense Ireland 