I thank Deputy McGrath for raising this Topical Issue matter relating to section 254 licence applications for telecommunications infrastructure and proximity to residential properties, which I am taking on behalf of the Minister for Housing, Local Government and Heritage, Deputy Browne. Under section 30 of the Planning and Development Act 2000, as amended, the Minister with responsibility for planning is specifically precluded from exercising any power or control in relation to any planning-related matter with which a planning authority or the board is or may be concerned. Section 254 of the Planning and Development Act 2000, as amended, provides for a licensing system for appliances and structures placed on, above, under or along a public road, including footpaths. The Act provides that a public road has the same meaning as the Roads Act 1993, which defines it as "a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority". A person applying for a licence must provide the planning authority with such plans and other information concerning the position, design and capacity of the appliance, apparatus or structure as the authority may require. A licence may be granted by the planning authority for such period and upon such conditions as may be specified, including conditions in relation to location, design, space taken up by the appliance and the need to protect protected structures, etc. Within the statutory framework, licensing is a matter for each individual local authority and the Minister with responsibility for planning has no role in the matter. In considering an application for a licence under section 254(5) of the Act, a planning authority shall have regard to the proper planning and sustainable development of the area, development plans, the number and location of existing appliances and the convenience and safety of road users, including pedestrians. Section 254(5A) of the Act outlines the licensing process in respect of an application for a licence to erect, construct, place or maintain overground electronic communication infrastructure and any associated physical infrastructure, including telecommunications poles. If a planning authority fails to make a decision within a period of four months commencing on the date of receipt of an application, a decision of the planning authority to grant a licence shall be deemed to have been made on the day following the expiration of that period of four months. Where a planning authority requests additional information from the applicant and has not made a decision within a period of four months of receiving the applicant's response to the request, a deemed decision to grant a licence shall be deemed to have been made. A deemed decision to grant a licence shall be subject to the condition that the network operator concerned, in advance of commencement of the works, shall inform the planning authority concerned and the National Roads Authority or road authority where applicable. Under section 254(6), 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 Coimisiún Pleanála under section 30 of the Act.

Sentiment score: 0.22

Once again, I thank Deputy McGrath for raising this Topical Issue matter, which I am taking on behalf of the Minister for Housing, Local Government and Heritage, Deputy Browne. The Planning and Development Act 2024 was signed into law by the then President on 17 October 2024. The Department is putting arrangements in place to implement the phased commencement of the Act of 2024 to transition to new legislation across the planning system, taking account of the need to liaise with local authorities, planning bodies and other stakeholders. The existing provisions of the Planning and Development Act 2000 will remain in place until the relevant provisions of the Bill are commenced. Section 254 of the Act of 2000 will be replaced by sections 13 and 14 of the Act of 2024 on commencement of those sections. Section 13(4B) of the Act of 2024 was added on Seanad Report Stage to include a regulation-making power for the Minister to prescribe certain classes of licence requests as requiring public notification. The amendment takes account of the input on Seanad Committee Stage in relation to a licence for telecommunications masts and ensures there is public notification process for such licence applications. Specifically, I will bring the further points Deputy McGrath raised to the attention of Department officials and the Minister, Deputy Browne.

Sentiment score: 0.08

I thank the Deputy for raising this matter and giving me the opportunity to clarify the position regarding early childhood care and education facilities, commercial rates and the role of Tailte Éireann in that regard. I am taking this Topical Issue on behalf of the Minister for Housing, Local Government and Heritage, Deputy Browne. Tailte Éireann is an independent Government agency that provides a property registration system, property valuation service and national mapping and surveying infrastructure for the State. It is independent in the exercise of its valuation functions under the Valuation Act 2001, as amended, and neither the Minister for Housing, Local Government and Heritage nor his Department has any function in decisions in this regard. Tailte Éireann has overall responsibility under the Act for the maintenance of all valuation lists used by local authorities in the calculation of rates liabilities. Under the Act, all property is rateable unless it falls into one of the exempt categories listed in Schedule 4 to the Act. There is a very specific range of exemptions that can be applied and Tailte Éireann has no discretionary latitude to grant exemptions not covered by Schedule 4. Paragraph 22 of Schedule 4, which was inserted by the Valuation (Amendment) Act 2015, refers specifically to early childhood care and education facilities and provides an exemption for: "Any land, building or part of a building used exclusively for the provision of early childhood care and education, and occupied by a body which is not established and the affairs of which are not conducted for the purpose of making a private profit". Therefore, while the Act provides that early childhood care and education facilities that are operated on a not-for-profit basis are exempt from rates, it does not provide a general exemption from rates for all childcare or childminding facilities operating on a for-profit basis. To avoid ambiguity, if an early childhood care and education facility is operated on a for-profit basis, then it does not fulfil the criteria for exemption under paragraph 22. As a matter of course, Tailte Éireann examines all properties on their individual merits by reference to the relevant statutory provisions governing the operation of the Act and case law arising from the independent Valuation Tribunal and the higher courts. There are a number of avenues of redress for an occupier of a rateable property who is dissatisfied with a determination of valuation by Tailte Éireann made under the provisions of the Valuation Act 2001, as amended. First, before a determination is made, there is a right to make representations to Tailte Éireann in relation to a proposed valuation. Later in the process, if the occupier is still dissatisfied with the determination, there is a right of appeal to the Valuation Tribunal, which is an independent body set up for the purpose of hearing appeals against determinations of Tailte Éireann. Thereafter, there is a right of appeal to the higher courts on a point of law. Under Irish law, there is a distinct separation of functions as between the valuation of rateable property and the setting and collection of commercial rates. The commercial rates payable on a particular property is a product of the valuation of that property, as determined by Tailte Éireann, multiplied by the annual rate on valuation, ARV, which is set annually by the elected members of the local authority as part of its budgetary process. The billing and collection of rates is solely a matter for the relevant local authority. Tailte Éireann has no function in that regard.

Sentiment score: 0.20

I again thank the Deputy for raising this matter and giving me the opportunity to clarify the position regarding commercial rates liabilities for ECCE facilities and the role of Tailte Éireann in the matter. As I said earlier, I am taking this Topical Issue debate on behalf of the Minister, Deputy Browne. Tailte Éireann is independent in the exercise of its valuation functions under the Valuation Act, as amended. The Act provides that early childhood care and education facilities that are operated on a not-for-profit basis are exempt from rates. It does not provide a general exemption from rates from all childcare or childminding facilities operating on a for-profit basis. There are a number of avenues of redress for an occupier of a property who is dissatisfied with a determination of valuation by Tailte Éireann. The billing and collection of rates is solely a matter for the relevant local authority and, as I said, Tailte Éireann has no function in that regard.

Sentiment score: 0.17