Wed, 12 Feb, 2025
Judicial review proceedings initiated in Waterford telecommunication tower row
‘Three Waterford councillors are to initiate a judicial review against An Bord Pleanála.
The review is a challenge to the authority of An Bord Pleanála following its decision to grant a 254 licence to a telecommunications company to build a mast, despite Waterford City and County Council’s prior refusal.
Cllr Thomas Phelan told officials and elected members at the February sitting of Dungarvan Lismore District Council that he, with the support of Cllr Joe O’Riordan and Cllr Kate O’Mahoney, intends to take the matter to the High Court.
He said he had initiated proceedings against An Bord Pleanála for contravening the powers conferred on the council under Section 183 of the Local Authority Act.
“Following expert legal advice, I and my colleagues are asserting the rights of the public and councillors not just in Waterford but nationally on these important points of law,” said Cllr Phelan.
“I believe that An Bord Pleanála have exceeded their authority and are usurping the powers of councillors, and the high court is being asked to adjudicate these matters,” he added.
The councillor told the council that they will receive communication on this “in due course.”
Director of Services for Planning, Corporate, Culture, HR & IS, Ivan Grimes said the council had already written to the company to put an end to the matter.
“I should point out that we have written to the company in question, telling them they don’t have our consent and they are not going to get our consent,” said Mr Grimes.
“Congratulations on what you have done in terms of a judicial review, but our administrative action will prevent that action from going ahead,” said Mr Grimes.
‘SHARP PRACTICES’
The development in question is an 18m telecommunications mast and associated works on the Clonea Road, Skehacrine (Humble), in Dungarvan.
Emerald Tower Limited applied for a licence, under Section 254 of the Planning and Development Act 2000, to build the mast.
Section 254 is usually used for the licensing of street furniture or cabling.
Waterford City and County Council refused the licence in September 2023 on the basis that the site in question was close to the greenway, a tourist amenity that should be protected.
Emerald Tower Limited appealed to An Bord Pleanála in October 2023.
An Bord Pleanála overturned the planning authority’s decision in December 2024.
However, the land Emerald Tower Limited intend to use belongs to the council, and their development requires the local authority’s consent.
At last month’s meeting, councillors hit out the decision by An Bord Pleanála to overturn the council’s decision.
Cllr Damian Geoghegan accused the company of “sharp practices” and suggested they were applying for the 254 licence to avoid the usual planning process.
Cllrs Kate O’Mahoney and Joe O’Riordan asked the council to take the judicial review.
However, Mr Grimes said such action would be too expensive, and the simple solution of withholding their consent to use the land would solve the problem.
‘PIECEMEAL APPLICATIONS’
In January, The council refused a licence application made again by Emerald Tower LTD for a 15-meter dual operator pole at Tramore Library Car Park.
The council refused the licence on the basis that it would “seriously injure the visual amenities of the area” in the centre of a town.
On February 5, Waterford City and County Council refused an application by On Tower Ireland for a 254 licence, to erect a 20-meter monopole and two cabinets on the Ballyrandle Road, Dungarvan.
The council refused the application based on the proximity of the proposed development to the greenway.
At this month’s meeting in Dungarvan, Cllr Phelan thanked the council for refusing the application.
“I just think it shows the council are being very responsible in not allowing these piecemeal applications rather than looking at them as a network,” said Cllr Phelan.
PARLIAMENTARY QUESTIONS
Councillors are not the only ones concerned about the practice of using 254 licences for telecommunication infrastructure.
Earlier this month, Sinn Fein TD, Deputy Connor McGuiness submitted a parliamentary question on the matter.
He asked the Minister for Housing, Local Government and Heritage for “his views” on whether it was appropriate for companies to use Section 254 of the Planning Development Act 2000 for permanent large-scale masts.
He also asked if An Bord Pleanála’s decision to overturn a local authority’s refusal conflicted with Section 183 of the Local Authority Act.
Section 183 relates to the disposal of land.
Minister James Browne responded that planning decisions were a matter for planning authorities to be taken on a case-by-case basis.
That, he said, includes telecommunication infrastructure on public roads.
“Additionally, the decision on any appeal by the Board may be subject to Judicial Review under sections 50, 50A and 50B of the 2000 Act and is a matter for the Courts.
“The granting of a licence under section 254 of the 2000 Act does not affect the ownership of, or necessitate disposal of property, as the licence is restricted to infrastructure on a public road.
“Public roads are declared under section 11 of the Roads Act 1993, as amended and fall under the responsibility of the Minister for Transport,” said Minister Browne.’