S.I. No. 31/2018 - Planning and Development (Amendment) (No. 3) Regulations 2018

1. The small cell antennae shall be attached directly to the structure and not by way of a supporting fixture.2. In the case of structures with a flat roof, the small cell antennae shall be attached directly to the roof.

2. In the case of a structure with a flat roof, a supporting fixture may be used provided that– (

a

) the fixture does not exceed the height of any existing parapet or railing on the roof by more than 3 metres, and (

b

) access to the roof is not available to any person other than a person authorised by the statutory undertaker.

3. No more than 2 small cell antennae may be attached to one structure.

4. The colour of any small cell antennae shall match and blend with the colour of any structure to which it is attached.

5. The planning authority in whose functional area the structure on which the small cell antennae will be attached is situated shall be notified by the statutory undertaker in writing of the proposed location of any such structure at least 4 weeks before such attachment.

6. The field strength of any such small cell antenna shall not result in the field strength of the non-ionising radiation emission from the radio installations on the site exceeding the limits specified by the Commission for Communications Regulation.

”.

(2) For convenience of reference there is set out in the amendments provided for in paragraph (1), the relevant headings that apply for the columns concerned.

GIVEN under my Hand,

8 February 2018.

DAMIEN ENGLISH,

Minister of State at the Department of Housing, Planning and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Planning and Development Regulations 2001, as amended (the Principal Regulations).

Article 4 of these Regulations amends Part 1 (Exempted Development — General) of Schedule 2 to the Principal Regulations by amending aspects of Class 31 relating to exemptions from the requirement to obtain planning permission for certain works undertaken by a statutory undertaker authorised to provide a telecommunications service.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

13

th 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

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