Planning and Development (Amendment) (No. 3) Regulations 2018

• Jurisdiction: Ireland
• Citation: IR SI 31/2018
• Year: 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th February, 2018.

I, DAMIEN ENGLISH, Minister of State at the Department of Housing, Planning and Local Government, in exercise of the powers conferred on me by sections 4(2) and 262 of the Planning and Development Act 2000 (No. 30 of 2000) (as adapted by the Housing, Planning, Community and Local Government (Alteration of Name of Department and Title of Minister) Order ( S.I. No. 358 of 2017 )) and by the Housing, Planning, Community and Local Government (Delegation of Ministerial Functions) (No. 2) Order 2017 (S.I. 352 of 2017), hereby make the following regulations with respect to which, pursuant to section 262(4) of that Act, a draft has been laid before both Houses of the Oireachtas and a resolution approving the draft has been passed by each such House:

Citation

1. (1) These Regulations may be cited as the Planning and Development (Amendment) (No. 3) Regulations 2018.

(2) The collective citation “Planning and Development Regulations 2001 to 2018” includes these Regulations.

Interpretation

2. In these Regulations “Principal Regulations” means the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ).

Amendment of Article 5 of the Principal Regulations

3. Article 5(1) of the Principal Regulations is amended by inserting the following definition after the definition of “shop”:

“ ‘small cell antenna’ means an antenna that—

(a) operates on a point to multi-point or area basis in connection with an electronic communications service,

(b) including any power supply unit or casing but excluding any mounting, fixing, bracket or other support structure—

(i) does not, in any two-dimensional measurement, have a surface area exceeding 0.5 square metres, and

(ii) does not have a volume exceeding 0.05 cubic metres,

and

(c) subject to paragraphs (a) and (b), includes a femtocell antenna, a picocell antenna, a metrocell antenna, a microcell antenna, and any similar type antenna;”.

Amendment of Part 1 of Schedule 2 to the Principal Regulations

4. (1) Class 31 of Part 1 (‘Exempted Development — General’), Schedule 2 to the Principal Regulations is amended, subject to paragraph (2)—

(a) by substituting the following for paragraph (b):

“

Column 1 Description of Development Column 2 Conditions and Limitations (b) overhead telecommunications including the erection of poles or other support structures or the use of existing poles or other support structures, 1. Poles or other support structures carrying overhead lines shall not exceed 12 metres in height. 2. Poles or other support structures carrying other equipment shall not exceed 12 metres in height and 0.6 metres in diameter measured at the widest point, where “other equipment” means 2 transmitting or receiving dishes (the diameter of which shall not exceed 0.6 metres), or 1 panel antenna (the dimensions of which shall not exceed 0.85 metres in length x 0.65 metres in width x 0.2 metres in depth) used for the provision of a specific telecommunications service and the provision of which would otherwise require an additional pole route carrying overhead wires. 3. Where a pole or poles or other support structures carry radio transmitting or receiving apparatus, the field strength of the non-ionising radiation emissions from that installation shall not exceed the limits specified by the Commission for Communications Regulation.

”,

(b) by substituting the following for paragraphs (g) and (h):

“

Column 1 Description of Development Column 2 Conditions and Limitations (g) transportable radio installation, 1. The height of the structure for such an installation shall not exceed 15 metres in height and 2 metres in width at its widest point. 2. The installation may only be used— (a) to provide anticipated additional coverage at a sporting, social or other event, provided that the structure is not in place for more than 2 weeks before the event or for a period exceeding 8 weeks which shall include assembly and dismantling, (b) for demonstration or simulation purposes, whether to demonstrate the visual effects of such structure in a particular location or to measure the output, and such structure shall be in place for a period of not more than 12 weeks, or (c) as a temporary replacement for a structure, which has been accidentally or otherwise incapacitated, and such structure shall be in place for a period of not more...