Image: Typical telecommunications masts being installed under Section 254 Licences
The antennas are concealed in the top. One monopole can transmit 3G, 4G and 5G signals at the same time. 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
Section 254 licences are granted by Local Authorities for street furniture like signposts, hoardings, vending machines, tables and chairs outside cafés.
Around 2019, councils started to grant Section 254 licences for telecommunications mast/monopoles carrying antennae to telecoms companies, and monopoles and cabinets were being erected on public paths beside homes. A change was made in the Planning Regulation without public knowledge or notification. A licence costs only €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 estate 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 application. 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).
The new Planning and Development Act 2024 was enacted in October 2024.
Planning and Development Act 2024 https://data.oireachtas.ie/ie/oireachtas/act/2024/34/eng/enacted/a3424.pdf
During the Bill process it was discovered that the removal of the rights for public to appeal Section 254 was being considered. (see below and article ‘Bill would remove right to appeal against telecoms mast licences‘ https://www.irishexaminer.com/news/arid-41107786.html.
Subsequently, the next Bill update did not include this, and neither does the final Act.
However although the right for the public to appeal a decision on Section 254s hasn’t been completely removed, it now gives a 4 week time limit in which appeals can be lodged. As the S254 process is still secretive and telecoms do not inform communities with sites notices or consultation, and most local authorities refuse to publish planning applications or provide documents when requested, then this provision is worthless and public rights are still removed in this regard. page 71 (9) (b) (i) https://data.oireachtas.ie/ie/oireachtas/act/2024/34/eng/enacted/a3424.pdf
Other changes in the Act to Section 254 licences is the the local authority must process and make a decision on a licence application within 8 weeks, after which time, if no decision has been made, the Licence is deemed granted. Before this, local authorities had 16 weeks to process and make decisions on S254s. This will put time pressure on staff and possibly result in licences being granted and masts erected without process. page 70 (8) (A) (I)
From April 2023 – DRAFT PLANNING & DEVELOPMENT BILL – PROPOSED CHANGES RE TELECOMMUNICATIONS INFRASTRUCTURE
Draft Planning and Development bill proposed 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. (See below – footnote 15 on page 60 of the draft Bill below which was subsequently removed). (NB this was subsequently removed and not in final Act)
- 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 for local authority staff having to process more telecom appliance applications in a shorter timescale 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’
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
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.
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://webcache.googleusercontent.com/search?q=cache:https://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/
Councillor Cillian Murphy, Co Clare https://cillianmurphy.ie/section-254-the-dubious-history-in-this-country-around-licensing-and-the-telecoms-industry/ (no longer available)
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://web.archive.org/web/20230321025254/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://web.archive.org/web/20230404064141/https://www.irishexaminer.com/opinion/commentanalysis/arid-41108509.html
Taoiseach objects to mobile phone mast in his constituency https://www.msn.com/en-ie/news/national/taoiseach-objects-to-mobile-phone-mast-in-his-constituency/ar-AA1e2VZz
Electromagnetic Sense Ireland 