Section 254 - Above Ground Telecommunications Infrastructure
Local Authorities, in their capacity as planning authorities, are tasked with the issuing of licences for the placement of appliances, cables, signs, and/or other items on public roads under Section 254 of the Planning and Development Act 2000. This section of the Act outlines the provisions in relation to the licensing of appliances and cables, etc. on public roads. Section 254 Telecom Infrastructure is very much seen as ‘fill-in’ infrastructure, ie. it is installed where there are existing connectivity blackspots, of which there are a finite number. In many cases where new 254 infrastructure has been installed it has resulted in other, older, redundant infrastructure being removed from buildings, shopping centres, etc.
What requires a licence?
Dun Laoghaire-Rathdown County Council are restricted to assessing applications within the limitations of Section 254 of the Planning and Development Act, as amended. See links on the right for information.
What will the Planning Authority consider, Section 254 (5)?
• The proper planning and sustainable development of the area
• Any relevant parts of the development plan or the local area plan
• The number and location of existing appliances, apparatuses or structures on, under, over or along the public road
• The convenience and safety of road users including pedestrians.
Can I Appeal the Planning Authority Decision?
Under Section 254 (6) (a), the Planning and Development Act 2000 (as amended) states that any person may, in relation to the granting, refusing, withdrawing or continuing of a licence under this section or to the conditions specified by the planning authority for such a licence, appeal to An Bord Pleanala. Where an appeal under this section is allowed, the Board shall give such directions with respect to the withdrawing, granting or altering of a licence under this section as may be appropriate, and the planning authority shall comply therewith.
An Bord Pleanala Appeals Processes
How do I apply?
To apply for a Section 254 Above Ground Telecommunications Infrastructure licence, you will need to complete the application form and submit the following:
• Application letter
• Insurance Certificate
• Comreg Authorisation
• Site Assessment conducted by applicant planning consultant
• Location Map and associated plans, elevations and photomontages detailing proposed installation
• Payment confirmation
• Radio emissions compliance statement
Background to legislation for telecommunications providers
Circular Letter PL 11/2020 Summary Points:
• Provide clarification in relation to the planning exemptions applicable to telecommunications works undertaken by statutory undertakers
• Exemptions from planning permission are provided for under Section 4 of the Planning and Development Act 2000, as amended (the Act) and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations).
• Section 254 of the Act outlines the provisions in relation to the licensing of appliances and cables etc on public roads. Where development of a type specified in section 254(1) of the Act is proposed to be carried out on a public road, approval for the works is required from a planning authority, by means of the obtaining of a section 254 licence. However, while a section 254 licence is required for such works, section 254(7) further provides that development carried out in accordance with a licence issued under section 254 shall be exempted development for the purposes of the Act i.e. it is therefore exempted from planning permission.
• Telecommunications infrastructure related works covered under the section 254 provisions include - “a cable, wire or pipeline” (section 254(1)(e)), and “overground electronic communications infrastructure and any associated physical infrastructure” (section 254(1)(ee)).
• Where a planning authority fails to make a decision within a period of 4 months commencing on the date of receipt of an application, a decision of the planning authority to grant the licence shall be deemed to have been made on the day following the expiration of that period of 4 months.
• The planning exemptions for telecommunications infrastructure along public roads do not apply in the following scenarios:
1. Where the proposed development is located in sensitive areas where there is a requirement for Appropriate Assessment (Special Protection Areas, Special Areas of Conservation, Natura sites etc) – section 4(4) of the Act refers
2. Where the proposed development would endanger public safety by reason of traffic hazard or obstruction of road users – article 9(1)(iii) of the Regulations refers
3. In such scenarios, the works are subject to the planning process and are therefore a matter for the relevant planning authority and/or An Bord Pleanála as appropriate.
At the bottom of the page are some frequently asked questions in relation to applying for a Section 254 licence
Section 254 – Above Ground Telecommunications Infrastructure Applications Granted / Refused
FAQ
No. Once it has received a Section 254 licence grant it is considered an exempted development for the purposes of the Planning and Development Act 2000
There is no requirement for the applicant to notify the public, nor is there any role for 3rd parties to comment on the applications to the Planning Authority
It is not possible or permissible for DLR, or indeed any Local Authority, to add a public notice and/or 3rd party submission element to the process.
The Planning and Development Regulations 2001 prescribes the fee that the Council can charge telecommunications operators for the grant of a licence under Section 254 of the Planning and Development Act 2000. The Council is not legally permitted to charge any fee for the grant of these licences over and above the prescribed fee as set out in the Planning and Development Regulations 2001. The fee DLR are charging is €125 per location per year as per schedule 12.