Eir appeal mast refusal in Ballyduff

An Bord Pleanála is re-examining an appeal by Eir to a decision by Cavan County Council to refuse planning permission for a telecommunications support structure near the centre of Ballyjamesduff town.

The Bord previously granted planning permission for the structure in the name of its former deputy chairman, Paul Hyde.

However, that permission was quashed by the High Court last December following an investigation into a number of decisions issued by the planning appeals board.

Mr Hyde resigned from his position at national independent planning authority in July 2022 amid allegations of potential conflicts of interest in decision-making not declared. He has denied any wrongdoing. He remains one of a number of senior ABP officials linked to an investigation.

The Eir (Eircom Limited) appeal to An Bord Pleanala (ABP) regarding its plans to build onto the Eir Exchange, off Granard Street, in the townland of Moodoge, Ballyjamesduff, was reactivated towards the end of last month.

The proposed 18-metre high telecommunications structure, if granted, would be fitted with antennas and dishes. Ancillary works have also been included in the application, with all to be enclosed within security fencing.

Planners at Cavan County Council concluded that the development was inappropriate. The subject site was zoned ‘Existing Residential’ in the Cavan Development Plan 2014-2020.

In refusing permission, the council noted that, if granted, the 18-metre high structure would become a “prominent feature” on Granard Street and result in a “negative visual impact” on the overall streetscape and townscape.

Eir had relied on its current use and prior planning history at the site - an antenna in 1999, and retention of a 10.5 metre high support pole in 2004 and 2010 - as justification for its proposal.

Inspector Elaine Sullivan was tasked with evaluating Eir's appeal to An Bord Pleanála.

As part of its appeal, Eir pointed out that Ballyjamesduff is a known weak spot for Eir’s 4G coverage. Three other locations were considered to determine if existing facilities could be upgraded to improve coverage. The locations at Lisdonnish, Ballyjamesduff Water Treatment Plant and Ramonan on the Granard Road were deemed “too far away to improve the service” or there were “geographical constraints” impacting the strength of the signal.

Ms Sullivan completed her report in early December 2021, upholding the decision of the council, and recommending that the Bord refuse permission.

She recorded that the subject site is located on a backland site adjoining the town centre of Ballyjamesduff, where an 18m high monopole would be “clearly visible” within the low-rise streetscape, from the town square, from Market Street to the north-east, and from Granard Street to the south.

“Having visited the site and the surrounding area, it is my view that the proposed monopole would visually dominate the town centre and surrounding streetscape by virtue of its nature and scale. This would have a detrimental impact on the character of the historic market town and would be an inappropriate form of development,” concluded Ms Sullivan.

Furthermore, she noted where the Cavan Development Plan “does not support masts within towns and villages and I am not convinced that the applicant has submitted satisfactory proposals for dealing with the dis-amenity of the proposal in this incompatible area”.

Despite her recommendation the bord decided to grant permission.

“In publishing its decision, the Bord stated it was satisfied that, having regard to its location within an existing and established Eircom telecommunications exchange and its function as a network upgrade and to the indentified coverage weak spot in Ballyjamesduff, the proposed development was located in a highly suitable and appropriate location for the purposes of providing 4G coverage in the area. Furthermore, the bord noted availability of the proposed mast for co-location in the future in accordance with national policy.

The decision, dated November 25, 2021, was signed off by ABP’s former deputy chairman, Mr Hyde.

This decision was quashed by order of the High Court, on December 8, 2022.

The latest appeal by Eir to ABP is due to be decided by the end of May 2023.