Oireachtas Joint and Select Committees

Thursday, 12 May 2022

Joint Oireachtas Committee on Housing, Planning and Local Government

Planning and Development (Street Furniture Fees) Regulations 2022: Minister for Housing, Local Government and Heritage

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I thank the Senator for his observations and his questions. I very much appreciate his broad support for it. We have been clear with local authorities. Accessibility, particularly for those who may be physically impaired in any way is really important. To go back to the letter to the committee from back in July 2021, we have been clear that is why the licensing system is in place. It is so that someone would apply for a licence along with the plans and it is intended to ensure that a planning authority can control appliances being placed on public roads or footpaths in particular to prevent obstructions or other hazards to persons using the public road or footpath. The responsibility is with the local authority in the assessment of the licence application or indeed in the granting of a further extension to a licence that may have expired. That still pertains there. I will come back to the issue of clutter because that is a bugbear of mine too.

A section 254 licence application has to ensure that the wider area is accessible, usable and convenient to all those who wish to use or pass through it, while also ensuring that any alternative street lay-out arrangements proposed in order to facilitate further outdoor dining such as relocation of designated, accessible bays on temporarily pedestrianised streets are appropriate and fit for that purpose. I have seen cases where some accessible bays have been moved but I can speak for my own local authority, Fingal County Council, as I know the position well in Malahide. It has been able to reassess where the accessible bays are and to move them to more appropriate places. I can assure the Senator that they have all been replaced. Across every local authority, if anyone has an example of any disabled-access parking place, if one is used for another purpose, it is replaced in order that there is no reduction in their number whatsoever. It is clear under the Planning and Development Act 2000 that under this licence arrangement, licences have to be sought but the convenience and safety of road users, including pedestrians, is paramount.

I have also seen cases where local authorities have now moved on with more permanent plans. I have been in Princes Street, Cork. Cork City Council has done a fantastic job in bringing the streets back for use for the people, and frankly, taking cars off the streets. We need to be doing that anyway. In my view, one of the advantages to come out of dealing with an emergency situation like Covid-19 is that we have been able to expedite some of these measures. Dún Laoghaire-Rathdown County Council did superb work in the Senator’s area in regard to accessibility and active travel. We want to see that. Deputy Cian O’Callaghan will also know this from the experience in Dublin Bay North, and the work that has been done throughout the country. I encourage local authorities, which have the funding to do it, to look at permanent plans to improve the public realm. We have to do it. I have seen it myself. I will use the example of my own home town that Senator Boyhan referenced where, for example, in New Street, Malahide, you will see families, kids on bikes and on scooters and people of all different ages having a cup of coffee or a bite to eat. It actually takes a road space that had 39 parking places and traffic going up and down and gives it back to the people. It takes a while. Some people are wary of change and that is fine. We have to work with people as we work through change, but it works and it supports business. We are supporting business because we are supporting jobs. We support vibrant towns, villages and city centres. Look at Capel Street in Dublin, a place that was clogged with cars is now more accessible. I can assure members that the principle behind all of this is to make sure that it is accessible for all our people and that no hindrance is put in the way of people who have issues with access.

As for the A-boards, it is a bugbear of mine too. Some local authorities manage very good by-laws in that regard.

Fines may be issued and there are other ways of advertising where premises are. That is managed through each roads department within local authorities. We have no difficulty with the suggestion, and although it is a function of the local authority, we could encourage them further in that space. I thank the Senator for his support and observations. I wish him a happy birthday as well, if he does not mind me saying it before the committee.

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