Bord Pleanála criticises Council's 1km rule

AN Bord Pleanála has once again criticised Kerry County Council's controversial 1km rule, accusing the local authority of having conflicting policies and objectives when it comes to granting permission for telecommunications masts.

Overruling yet another Kerry County Council decision to refuse planning for the retention of a mast in Lyreacrompane, the planning appeals board said it failed to understand how the council can claim to support the development of efficient telecommunications masts, yet will not allow them within one kilometre of properties, schools, hospitals or inhabited structures.

The comments came in a report by An Bord Pleanála, which gave permission for Vodafone Ireland to retain a mast at Knockaclare, Lyreacrompane, despite Kerry county council's initial refusal. The development forms part of Vodafone's existing GSM and 3G Broadband telecommunications network.

Overruling the council's decision to refuse retention, the inspector highlights Kerry County Council's emphasis on the importance of a modern, efficient telecommunications system in its county development plan 2009-2015, which the local authority says 'cannot be overstated.' the objective of the council, the inspector highlights, is to 'facilitate the development of a modern, efficient telecommunications network . . . and to support the provision of such infrastructure.'

The inspector goes on to the criticise how the council can support this claim when it also supports its 1km rule, which will not allow them within one kilometre of properties, schools, hospitals.

"It is clear that there is a conflict between policies and objectives of the Kerry County Development Plan as it relates to the provision of telecommunications structures," the inspector stated. "The board has consistently overturned the local authority reason for refusal in the past ad there are no special circumstances which would warrant a different approach in relation to the current appeal."

MARISA REIDY mreidy@kerryman.ie

Kerryman

www.buckplanning.ie

Concern over road to Kerry mast site

A CONTROVERSIAL telecommunications mast near Killarney which was refused permission by Kerry County Council but granted on appeal by An Bord Pleanála, could be serviced occasionally by a new road that was not included in the planning application, a council meeting was told yesterday.

The mast at Kilcummin has attracted protests by a residents’ group which claims the area is already well served by masts and does not need the health risk of another.

The Hutchinson 3G mast was the subject of a special meeting of the council last week, after which legal advice was sought. It is within a kilometre of a number of houses.

Some 85m of access road had been made through adjoining land, with the agreement of the landowner, after the protesters blocked the private road earmarked for the site, and up to 90 trucks a day would be using the new road during construction works, yesterday’s meeting was told.

“The road was constructed and you can dress it up as much as you like, it is there,” Labour councillor Marie Moloney (Labour) told senior management.

People felt very let down by the council and by public representatives, she said.

The road applied for was different from the one being used and residents felt they were being “railroaded”, she said.

The road is not temporary because access will be needed to service the mast, councillors argued.

Senior counsel’s advice was that the temporary road did not need planning permission, the meeting heard. John O’Connor, acting manager, said the legal advice was unequivocal.

On a proposal by Mr Moloney, the council is to ask the company to suspend work to allow the residents to seek further legal advice.

Irish Times

www.buckplanning.ie