New mast application leaves residents ‘extremely annoyed’
MEMBERS of a community group that launched a judicial review against a mast that was erected in Kingswood in November 2020 are “extremely annoyed” about a new licence application that’s seeking permission for a new mast adjacent to the Kingswood Luas stop.
The contentious mast that was erected in Sylvan Drive in November 2020 was put in place by telecommunications company Cignal after they were granted a licence for the structure.
As reported in The Echo last November, the Kingswood Heights Mast Objection Committee brought High Court action against the An Bord Pleanála decision to grant permission for the mast to Cignal, the company that erected the mast in Sylvan Drive.
In their legal action, the group claimed that in November 2020, without any advance public warning or notice to locals, a mast was erected on public open lands owned by South Dublin County Council.
The committee claimed that following investigations, it discovered that South Dublin County Council had granted a licence for the mast under Section 254 of the 2000 Planning and Development Act.
The licence was granted to Cignal Infrastructure Ltd to operate the mast, but the council’s decision to grant the licence was appealed to An Bord Pleanála.
In that instance an inspector appointed by the board recommended that the application for a licence for the mast be refused.
However, despite the inspector’s recommendations the board dismissed the appeal.
The committee claimed the decision was flawed and should be set aside on grounds including that section 254 of the 2000 Act cannot be applied to this development.
They also claimed the decision was contrary to fair procedures, natural and constitutional justice.
As a result, the committee, which cites a lack of public consultations as one of its key concerns, brought an action seeking to have the board’s decision to dismiss the appeal quashed.
The decision to override the board inspector’s recommendation was made by ABP’s deputy chairperson Paul Hyde, who was recently absent from his duties “without prejudice” as there were a number of ongoing inquiries into decisions he made in that role. He resigned this week.
The decision to override the board inspector’s recommendation was made by ABP deputy chairperson Paul Hyde, who is currently absent from his duties “without prejudice” as there are a number of ongoing inquiries into decisions he made in that role.
Last May, the appeals board agreed to stop defending Mr Hyde’s decision and paid the community group’s legal costs, as the mast wasn’t located on a public road.
Following this, the local community group said they wanted the mast to be removed within three months, however Cignal agreed to relocate the mast if a nine-month timeframe was permitted.
The two groups are currently at an impasse as regards the timeframe of the removal of the mast, and the matter has been adjourned by the High Court until October, when it has been listed for further mention.
On June 27 last, Cignal submitted a licence application to South Dublin County Council for a mast in the form of an 18m multi-operator street pole solution and ground equipment cabinet adjacent to the Kingswood Luas stop.
However, Philip Murphy from the Kingswood Heights Mast Objection Committee told The Echo that the committee feels there is ambiguity around this application, as there is nothing to indicate whether or not it is linked to the removal of the existing mast on Sylvan Drive.
Mr Murphy said: “We’re extremely annoyed that despite Cignal’s claims that they’re open and transparent, there has been no consultation with us about this application.
“The location in the new application is a significant improvement, but nowhere in the application is there any reference to their previous application or that it might be a substitute for the previous location.
“We suggest that, at the very minimum, the applications be linked together, and the mast on Sylan Drive be removed within five days of the new mast being put up, and the entire area around the existing mast be fully restored.
“Our initial response is that they put up that mast in a weekend, so they can take it down in a weekend.”
The Echo contacted Cellnex, the company which acquired Cignal in 2019, asking if the new application is linked to the removal of the mast on Sylan Drive.
A response wasn’t received at the time of going to print.
