The scope for appealing hefty development contributions levied by cash-strapped councils to telecoms development is often quite narrow and limited to appealing the misapplication of the scheme.
An Bord Pleanála (ABP) recently issued a favourable order to a licensed operator who successfully appealed the levying of a contribution (and a bond) for the attachment of antennas to an existing structure in Co Mayo. ABP removed both conditions reasoning the Mayo County Council Development Contribution Scheme does not provide for a Telecommunication development category.
Where a misapplication of the development contribution scheme cannot be demonstrated ABP’s hands are tied and are likely to uphold any conditions attached to local authority grants as has been demonstrated in numerous recent ABP cases where operators appealed development contributions.
Watch out for the following County Councils: Monaghan, Leitrim, South Tipperary and Offaly charge amounts around €20,000 or more (Monaghan €30,000) per mast! And the contribution scheme does not distinguish between new structures and retention structures.
