Mast contractors working on site ‘don’t seem to give a damn’

CONTRACTORS carrying out work on a telecommunications mast in Kingswood – despite the structure being the subject of an ongoing appeal – “do not seem to give a damn”.

This is according to local Fine Gael TD Colm Brophy, who raised the issue in the Dáil on Tuesday evening.

The contentious proposed mast at the Kingswood Luas stop has been granted a licence, but that decision has since been appealed to An Bord Pleanála by local resident Bridget Smith.

A decision on the appeal has yet to be decided, but in recent weeks works have been carried out by contractors at the Luas stop site.

As reported in The Echo last week, there is legal ambiguity around whether works can be carried out on a mast that has been granted a licence but is the subject of an ongoing appeal.

The council noted that applications for licences for masts are distinct from planning applications and it’s unclear if works are precluded from commencing if an appeal decision hasn’t been made.

At a sitting of the Dáil on Tuesday, Deputy Brophy criticised the fact that the works were still able to commence despite an appeal being lodged.

“We have seen in particular in the past few days in Kingswood, the mast can be half-built by contractors who do not seem to give a damn,” he said.

“This is totally unacceptable and absolutely needs to be changed. We have an opportunity to change it.

“A new planning Bill is coming in, section 10 of which is intended to replace section 254 of the 2021 Act.

“It must, at an absolute minimum, install a full planning process for these masts. There is no reason telephone masts should be exempted from the regular planning process.”

He added that the licences granted for masts, called section 254 licences, constitute a “sneaky, backdoor” use of the planning process that “must be stopped”.

Fianna Fáil TD John Lahart said: “I agree with my colleague that there almost seems to be a way whereby these companies get to construct and erect the communications masts and antennae by stealth.

“Local authorities, including in this case South Dublin County Council, say one day that there is permission for it.

“One department says that and then another day another department says that it has nothing to do with it, and that in the case of Kingswood Heights, the Luas is responsible for it.

“Luas then says it has nothing to do with this, even though it is within inches, without exaggeration, of a Luas stop.”

People Before Profit TD Paul Murphy also expressed annoyance over the lack of public consultation when applications for licences for masts are submitted.

He also shared his frustration at the apparent ineffectiveness of lodging an appeal when the subject of it can be constructed regardless.

“What has emerged in regard to Kingswood is that a very good appeal has been put in to An Bord Pleanála, which is the only route we have,” said Deputy Murphy.

“We cannot go to the council or put in submissions or objections.

“An excellent appeal has gone into An Bord Pleanála on the grounds of the locational choice, the procedure and the circular economy.

“What the mast company, Cellnex, is saying is that it has the legal right to proceed even though there is an appeal in with An Bord Pleanála, which is entirely different from how the rest of the planning process operates.”

Minister of State at the Department of Public Expenditure, National Development Plan Delivery and Reform, Patrick O’Donovan TD, responded to the concerns raised.

Minister O’Donovan said he was “unable to comment on the specifics of any individual case”.

“The planning system provides a balanced and proportionate approach regarding the provision of telecommunications infrastructure,” said Minister O’Donovan.

“The planning Act provides that decisions of planning authorities for both section 254 licences and planning applications to be appealed to the board and in turn for decisions of the board must be subjected to judicial review.”

The Ceann Comhairle, Seán Ó Fearghaíl, concluded the debate by commenting on how, in his experience, developments that were under appeal could not proceed until a decision was made.

“On the questions members have raised about appeals to An Bord Pleanála, all of us who have dealt with planning matters over many years have found without exception that where an appeal is made to the board against a development, that development may not proceed,” he said.

“I have never known of a development that could legitimately proceed. I have known some chancers who proceeded with developments, but they were not too bothered about the planning permission in the first instance.”

A spokesperson for South Dublin County Council confirmed to The Echo that legal advice, both internally and externally, is being sought in relation to the matter.

In response to a query submitted by The Echo last week, a Cellnex spokesperson said: “Cellnex Ireland is continuing with preparatory civil works in Kingswood, in order to facilitate the installation of much-needed connectivity infrastructure for the area.

“The site in question has been granted a license by South Dublin County Council, and Cellnex Ireland complies with the planning decisions at a local authority and, where necessary, An Bord Pleanála level at all times.”

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