221038

Section 254 Licence required for the erection of overground electronic communications infrastructure & any associated physical infrastructure along public roads including 1. The erection of new overground fibre optic cables on existing timber poles. 2. The erection of new poles and associated fibre optic cables. 2022WD0893

Refused

Core Refusal Reason

The proposed erection of overground poles in an urban residential area is contrary to Development Plan policies that require services and cables in built-up areas to be placed underground.

Decision Maker's Conclusion

  • The proposed development is located within the urban area of Cappoquin in a residential housing development where standard requirements dictate that broadband services should be provided through underground ducts.
  • The placement of two poles within a public open space in a residential development is contrary to the Waterford City and County Development Plan 2022-2028, specifically Section 5.21 which requires cables in built-up areas to be placed underground.
  • The Municipal District Engineer raised objections to the proposal, stating that the infrastructure should be undergrounded rather than overground given the urban and residential context of the site.

Cited Policies (CDP)

UTL 16Section 3.4.2Section 5.21

Decision Document Summary

National Broadband Ireland (NBI) applied for a Section 254 license to erect two new poles and associated overground fibre optic cabling within the Upper Shanbally Housing development in Cappoquin, Co. Waterford. Waterford City and County Council refused the application on the grounds that the site is situated in an urban residential area where the current Development Plan mandates that all services and cables be placed underground. The council determined that installing overground infrastructure...
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