Government denies new planning bill allows for erection of mobile phone masts without approval

Removal of enforcement mechanism in respect of mobile phone masts 'would fly in the face' of accepted practice in planning law. File picture
Housing officials have denied a claim that new planning laws will allow for the approval of all telecommunications masts by default – regardless of whether a licence to build one has been applied for.
This is despite a planning solicitor with expertise in environmental law warning that the new planning bill before the Dáil this week is "really problematic" when it comes to the wording around structures such as phone masts.
In response, the Department of Housing flatly rejected the claims, but has now told the Irish Examiner that the claims have been referred them to the attorney general for advice.
If an issue arises from such advice, it will "bring an amendment at Seanad stages” of the planning bill, it said.
Eoin Brady — planning solicitor with FP Logue, a law firm specialising in planning and environmental issues — queried the definition in the bill around structures such as phone masts.
“This provision would seem to remove any enforcement mechanism in respect of such developments, the most contentious of which are mobile phone masts,” Mr Brady said.
He said the wording “would fly in the face” of accepted practice in planning law — that is, that a finished development either has permission, an exemption, or should be subject to enforcement action as it has been built without authorisation.
“It is hard to see how such a provision could be in alignment with the concept of proper planning and sustainable development which the bill is stated to provide for,” he said.
The latest draft of the 800-page bill — the single largest overhaul of Irish planning law seen in a quarter of a century which is set for a final debate in the Dáil this week — includes a list of all definitions of situations in which structures such as phone masts are deemed to have been approved.
On that list are two examples of structures which are considered to be authorised — those which have been granted a licence, but also those for which a licence under that section is merely “required”.
No mention is made of whether or not it is necessary for such a licence to have actually been granted, suggesting a firm could construct a mast without applying for a licence and the structure would still be considered as ‘authorised’ by law.
Such masts, predominantly micropoles designed to boost blackspots for mobile phone coverage and to aid in large-scale phone data downloading, are being erected with ever-increasing frequency around Ireland.
It is not the first time the controversial new planning bill has raised concern with regard to how mobile telecoms masts may be approved and constructed in future.
Last April, the
revealed how the then current version of the bill sought to only allow for appeals in terms of applications to construct such a mast in cases where that application had been refused, meaning local residents unhappy with the granting of a licence for a mast would have no recourse to object.A spokesperson for the Department of Housing said the new wording, which was not included in early drafts of the bill dating from 2023, had been placed within the draft legislation at the Dail’s committee stage for the purpose of “ensuring consistency across the bill”.
They said the definition in question “does NOT (their emphasis) suggest any telecommunications structure could be constructed and then deemed as having been authorised”, without specifically explaining what the definition does actually mean.
However, when asked for specifics as to how the bill does not allow for all masts to be deemed as having been approved given its wording, the spokesperson said: “We’ll consult with the Attorney General’s Office and if needed will bring an amendment at Seanad stages."