Source Article: Friends of the Irish Environment
PRESS RELEASE
FRIENDS OF THE IRISH ENVIRONMENT
TUESDAY 27 AUGUST 2024: IMMEDIATE RELEASE
Three west cork telecommunications masts face high court Planning Appeals Board has ‘no expertise in telecommunications masts’
Three west cork telecommunications masts have been challenged in the High Court by the environmental charity Friends of the Irish Environment. While the organisation is ‘not opposed’ to the principle of the development of communications systems, the Reviews challenge the decisions of the Planning Appeals Board to overrule Cork County Council who found them to be in material contravention of the County Development Plan.
Challenges arise from the sale by Eircom of up to 400 ‘Eir Exchanges’.
All three challenges arise from the sale by Eircom of up to 400 ‘Eir Exchanges’ located across the State. Established by Telecom Éireann and before that its predecessor the Minister for Posts and Telegraphs, the sites were originally built for the purposes of connecting fixed line telephones to the wider network. Due to their original function, they are therefore generally located in the vicinity of residential and what might be described as ‘built up’ areas.
Under a Licence Agreement, Eircom Limited has granted to Towercom the right to install, replace, alter, develop, strengthen, augment, upgrade and renew telecommunications masts and any other associated equipment on these sites. In July 2023 the John Laing Group, a British developer and operator of infrastructure projects, bought the Irish nationwide portfolio of 409 Eir Exchanges, with over half of the sites due to be upgraded or redeveloped over the next 10 years.
However, FIE points out that, Section 4.3 of 1996 Antenna Guidelines states “Only as a last resort should free-standing masts be located within or in the immediate surrounds of smaller towns or villages.”
Further telecoms masts under challenge across Ireland include Scariff, County Clare, Aughrim, County Galway, Balbriggan, County Dublin, Kilgarvan County Kerry, Kilbrittain, County Cork and Letterfrack, Co. Galway.
Planning Appeals Board has ‘no expertise in telecommunications masts’
The High Court action also questions An Bord Pleanála’s qualifications to approve telecommunications masts after an Access to Information on the Environment request revealed that the Board ‘has no internal expertise in relation to telecommunications engineering and have not commissioned external expertise in relation to telecommunications engineering.’
Heritage and Landscape must be protected: Eyeries, Bantry, Kinsale
In the case of Eyeries, the antennae, at the edge of the village, will intrude on a protected landscape and introduce an inescapable industrial element into one of the most beautiful locations on the Beara Peninsula. In Bantry, the location is with the town itself at the edge of the Chapel Architectural Conservation Area (ACA) 10 meters from Bantry’s Old Market House, a protected structure. In both cases, the Planning Authority and the Board’s Inspector recommended refusal.
In Kinsale, the proposed location, which was opposed by four local Church bodies, is located immediately adjacent to the historic town defences, which are regarded as a national monument. Beside the Old Wall of the Town in close proximity to Protected Structures and within an Architectural Conservation Area, its protection is subject to objectives of the Cork Development Plan 2022-2028.
Project Splitting
A core ground in all three cases is the failure of the planning authorities to accept that the development of the Eir Exchange portfolio of telecoms masts across the State constitutes a ‘project’ for the purposes of the EIA Directive. This furthermore engages the concept within EU law of what is colloquially known as ‘project splitting’. FIE Director Tony Lowes said that ’the lack of EIA is very concerning given the fact that all three proposed masts were recognised by the Council as impacting on elements of the environment required to be assessed under the EIA Directive.’
Court highlights ‘serious form of allegations being made against a planning authority.’
Mr Lowes explained that ‘the Reviews of masts across Ireland were originally triggered by irregularities within the Board that led to the resignation of Paul Hyde and the reorganisation of the Board with a Report from Ms Lorna Lynch SC. However,’ Mr Lowes continued, ‘we have noted with concern a recent judgment on July 29, 2024 when the Appeals Court overturned the High Court’s previous refusal to allow a challenge to a telecoms mast in Kells, County Kilkenny. It expressed concern over An Bord Pleanála’s previous decision making in relation to telecoms masts, stating that:
‘The outcome of the appeals is something that gives cause for concern, as does the widescale overriding of recommendations from inspectors appointed by the Board. Apart from cases of actual corruption, which it must be emphasised is not even alleged let alone sought to be proven in these proceedings, it is difficult to imagine a more serious form of allegations being made against a planning authority.’
‘FIE feels that it is important that the Board apply proper planning to its decision making in relation to telecoms masts. Even if the Board feels that there is a wider societal benefit from this type of technology, the Board does not have jurisdiction under the Planning Acts to rewrite planning policy. FIE will continue to monitor decision making of the Board in this regard’, Mr. Lowes said.
ENDS
Contact: Eoin Brady of FP Logue Solicitors 353 (0)86 8524598.
Editors Notes
The Appeals’ Court quashed Board’s permission for the mast in Kilkenny.:
Mr. Justice Brian O’Moore, High Court Record Number: 2022/1039 JR, Neutral Citation Number [2024] IECA 196
FIE’s legal cases are detailed online at
https://www.friendsoftheirishenvironment.org/court-cases/court-cases-information
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