Malcolm Noonan (Carlow-Kilkenny, Green Party)
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Amendments No. 109 and 117 relate to Part 2 of the Bill specifically regarding the licensing provisions in section 12. Section 12 restates section 254 of the Act of 2000 with certain modifications and regulates the placement of certain apparatus on public roads. Planning permission is not required where a licence is granted under this section and vice versa. This section does not apply if an environmental impact assessment or appropriate assessment is required. A person applying for a licence must provide the planning authority with such plans and other information concerning the position, design and capacity of the appliance, apparatus or structure as the authority may require. A licence may be granted by the planning authority for such period and upon such conditions as may be specified, including conditions relating to location, design, space taken up by appliance and the need to protect protected structures, etc.

Amendment No. 109 clarifies the application of section 12 of the Bill. Section 12 regulates the placement of certain apparatus on public roads and provides for a licensing procedure.

Planning permission is not required where a licence is granted under this section and vice versa. This amendment clarifies that a licence is also not required under this section for development which is classified as exempted development.

Amendment No. 117 provides that where the continuation or revocation of an existing street furniture licence is appealed and the licence remains in force pending the decision of the commission on the appeal, continuation of a licence may be refused and may be subject to first party appeal for practicalities. The infrastructure should remain in place as the commission may overturn a decision of the planning authority. Alternatively, continuation may be granted and where there is third party appeal for practicalities, infrastructure should remain in place as the commission may uphold the decision of the planning authority. Following a decision of the commission, the infrastructure will either remain granted or be removed following a refused continuation or revocation. This provides clarity while an appeal is ongoing.