Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

Amendment Nos. 105 and 106 propose to amend the wording in subsection 12(2). Currently, the Bill provides that a person may not erect, construct, place or maintain listed structures on a public road without a licence. The proposed amendment would add that a person could not "retain or relocate" those listed structures without a licence. It further provides that, in addition to the listed structures not being placed on a public road without a licence, they may not be placed on an existing pole or pathway installation. I am satisfied that these are captured within the current wording. "To maintain" would include "to retain", and "to place" would include "to relocate". Further, the placing of items on existing poles is captured by the reference to "along a public road" and is further captured by any conditions and periods which would be attached to a licence. I therefore cannot accept amendment No. 105 or amendment No. 106.

Amendment No. 111 seeks to add "the opportunity to share existing appliances, apparatuses or structures" as a matter for planning authorities to consider in assessing a licence request. I can see the merit in this proposal. I would like to give it further consideration. If it is okay, I might bring an amendment in this regard on Report Stage. I am listening to what all the Deputies are saying. There is a good logic to the proposal, and we would like to try to see if we can advance it on Report Stage, if that is okay.

Specifically, subsection 12(2)(d) refers to advertisement structures. The point about the safety of pedestrians and people with visual impairments is well made. Section 12(7)(d) refers to "the convenience and safety of road users including pedestrians". I think street clutter is catered for there.

Subsection 12(12) "shall not operate to entitle a planning authority to ... hinder the reasonable use of a public road by the public or any person entitled to use it". I am therefore confident there are provisions in the Bill as regards the other proposed amendments, but we will give consideration to amendment No. 111 and bring an amendment on Report Stage in that regard.