An Bord Plenala has rejected an appeal by Vodafone over a 10,660 Euro sum that Monaghan County Council has applied to the development of a phone mast in Clones.
Vodafone had argued that this fee has been "incorrectly applied".
The local authority granted permission for the construction of a new mast, with an overall height of 22 meters, at Eir Exchange in Largy, Clones.
However, planning was granted subject to six conditions, one of which was that "the developer shall pay to Monaghan County Council a sum of 10,660 Euro in accordance with the General Development Contribution Scheme".
This fee is put "towards expenditure incurred or proposed to be incurred by the Council in the provision of community, recreation and amenity public infrastructure and facilities in the area".
In its appeal to An Bord Plenala, Vodafone argued that this condition had been "incorrectly applied" and that a waiver should apply in respect to broadband and mobile phone infrastructure.
Monaghan County Council responded that such an "exemption is tightly defined" and would only apply to a development that was solely for "broadband purposes".
Since the proposed development "will facilitate both broadband provision and voice connectivity", the Local Authority said "the exemption cannot be applied".
In its assessment, An Bord Plenala agreed that "the exemption is not applicable" as the mast doesn't solely relate to broadband infrastructure.
An Bord Plenala concluded that it was following a precedent that has been set in similar appeal cases, and that Monaghan County Council has "properly applied" the condition.
