Micheál Carrigy (Longford-Westmeath, Fine Gael)
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I advise members of the constitutional requirement that they must be physically present within the confines of the Leinster House complex to participate in public meetings.

The draft Planning and Development (Street Furniture Fees) Regulations 2025 was laid before both Houses of the Oireachtas on 4 July last. Both the Dáil and Seanad have referred it to this committee for consideration. To assist the committee in considering the proposed regulations, we are joined by the Minister for Housing, Local Government and Heritage, Deputy James Browne. I welcome him and, from his Department, Ms Louise Purcell, assistant principal, planning, policy and legislation.

I would like to explain some limitations to parliamentary privilege and the practice of the Houses as regards references witnesses may make to other persons in their evidence. The evidence of witnesses physically present or who give evidence from within the confines of the parliamentary precincts is protected pursuant to both the Constitution and statute by absolute privilege. Witnesses are reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable or otherwise engage in speech that might be regarded as damaging to the good name of the person or entity. Therefore, if their statements are potentially defamatory in relation to an identifiable person, they will be directed to discontinue their remarks, and it is imperative that they comply with any such direction.

The opening statement has been circulated among members. To commence our consideration of the matter, I invite the Minister to make his opening remarks.

James Browne (Wexford, Fianna Fail)
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I am grateful to the Cathaoirleach and the other committee members for the opportunity to present these proposed planning regulations. The regulations consist of the Planning and Development (Street Furniture Fees) Regulations 2025, which waive section 254 street furniture licence fees for the remainder of 2025 and for tables and chairs associated with outdoor dining until 30 September 2026.

As members will know, the hospitality and restaurant sector, like many other sectors, including the wider tourism sector, suffered the brunt of the measures to manage the Covid-19 pandemic in recent years and the ongoing impacts of cost inflation. The Government is committed to providing support to assist these sectors, where appropriate, and these regulations are a repeat of the measures we introduced in 2021. This will be the fifth year in which we have brought these regulations forward to assist the hospitality sector by reducing the cost of maintaining outdoor dining in public spaces. Again, there will be no fee for awnings, canopies and heaters that are used in conjunction with the tables and chairs.

The draft regulations I have laid before the Oireachtas propose to waive the fees chargeable for street furniture licences under section 254 of the Planning and Development Act 2000, and Schedule 12, Part 1, to the associated Planning and Development Regulations 2001, as amended, in order to assist in reducing the cost burden for hotels, restaurants, cafés, public houses and other establishments where food is sold for consumption. In this regard, the street furniture licence fee for installing tables and chairs to facilitate the consumption of food in places I have just mentioned is being reduced on a time-limited basis for the remainder of the current year up to the 30 September 2026 from €125 per table to €0 per table.

Furthermore, it remains the position that no fee will be applied on a permanent basis, in respect of the installation of awnings, canopies, heaters and other related furniture such as these, provided they are in conjunction with outdoor tables and chairs. Under the provisions of the Planning and Development Act, I am required to obtain Oireachtas approval for any exempted development regulations, or regulations amending the fees for street furniture licences, before I can sign them into law. Hence the presentation of these regulations to the committee. I commend these draft regulations to the committee.

Having regard to the legacy impacts of the Covid-19 pandemic and ongoing cost inflation, the regulations are aimed as a continued support for the hospitality and tourism sector in the current challenging economic environment facing it, while also facilitating increased vibrancy and commercial activity in urban areas. These have been welcomed by the sector over recent years. I want to ensure that where outdoor furniture is placed, it ensures that areas are still fully accessible for people. Our local authorities have done a good job in doing that. People have got more used to dining and to having their cups of coffee outside since the Covid pandemic even though the weather does not always help in that regard. I have seen the added vibrancy it gives to main streets right across our country, including in my constituency.

If, further to today’s presentation to the committee, these draft regulations are subsequently approved by positive resolution of both Houses, as required under the planning Act, they will come into force as soon as they are signed by me. If approved by the Oireachtas, I intend to sign the regulations into law at the earliest possible opportunity. I am happy to take any questions members may have and to hear their views on this. In real terms, this is a good cost-reduction measure. These street furniture fees regulations are reviewed each year and the current draft regulations before the committee will involve the waiving of the fee until 30 September 2026.

Micheál Carrigy (Longford-Westmeath, Fine Gael)
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I invite members to make a quick comment or ask a question but would point out that we must leave a 15-minute gap between the end of this meeting and the beginning of the meeting of the select committee.

Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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I have four very quick questions. I have no issue with the regulations at all. When we first dealt with the street furniture issue during Covid, what was done was very much welcomed. However, one of the issues that came up with local authorities related to concerns around insurance in the context of accidents, liability and so on. Has that continued to be raised by local authorities in their engagement with the Department or is it no longer of concern to them?

The second issue was storage. When we last dealt with these matters, I witnessed a visually impaired gentleman trip over some poorly stored furniture early in the day before it was being used. We suggested that the Department make sure that storage of outdoor furniture is done in an appropriate way. I want to put that on the record in order to make sure this is done.

There was also quite a lengthy discussion on the last occasion around commercial advertising on the awnings, given that people are allowed to have the tables for free. The Department was going to look at that issue to see if commercial advertising was permissible.

To be clear, is Oireachtas approval required here because there are fees involved? In the case of exempted development regulations, there is not a requirement for Oireachtas approval; there is just a need for scrutiny. For my information, is it because there are fees involved that a resolution of approval is needed rather than the matter just being noted?

Séamus McGrath (Cork South-Central, Fianna Fail)
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I welcome this. It is very important that we give the businesses involved certainty up until 30 September 2026. That is very welcome. One of the positive outcomes from Covid is the fact that businesses started to utilise outdoor spaces to a far greater extent. It is welcome that they are now able to provide those facilities without incurring a licence fee. On regulation and enforcement, as I understand that it a licence is still required but that it is free of charge. It is critically important that the focus remains on enforcement and that we do not see a free-for-all in terms of footpath space and accessibility, particularly in the context of the visually impaired, those with mobility challenges and so on. We have to ensure that the right balance is struck.

In terms of local authorities, it is important that sufficient resources are provided in order that this can be regulated. We all support the businesses and we all want to see outdoor dining and outdoor street furniture, but it is important to maintain accessibility and ensure there are no unnecessary impediments on our footpaths or in our public spaces.

Joe Cooney (Clare, Fine Gael)
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I welcome this. Will the fee for 2025 be waived as well?

Thomas Gould (Cork North-Central, Sinn Fein)
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As other members stated, one of the few good things to come out of Covid was the expansion of outdoor dining. We see it in every village, town and city. Overall, it is a very positive thing. We still see it, especially in light of the good weather we have enjoyed over the past few weeks. There is a great atmosphere created by outdoor dining. The only issue, as some colleagues mentioned, is that businesses have to be very conscious of people with limited mobility and those with sight issues. We have had a number of situations in Cork, unfortunately. On the whole, businesses have been excellent. A few have not, however. Some of the footpaths, because the city is older, are not suitable for wheelchairs, but people still need to get through the streets. We have also seen a number of changes whereby disabled parking spaces were moved to accommodate on-street dining. It is very important that all disabled parking spaces are restored properly, not just with a sign painted on the ground. We need to see proper dimensions and proper footpath accessibility.

I want to raise another issue that is possibly not for today's discussion. It comes under the Minister's brief in terms of local government. He needs to provide funding for local authorities to carry out accessibility audits and studies. This is part of Government's policy, but it needs to be funded. That would go well with the on-street furniture regime in terms of making sure that it is done properly in order that those with disabilities are able to access our cities, towns and villages.

James Browne (Wexford, Fianna Fail)
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On storage and the general question around disabilities, obviously, we have universal design guidelines. Also, under section 254, the licensing authority should ensure that any of these grants are being properly controlled, that they do not have an impact on accessibility or hinder people with disabilities from using the footpaths and public areas, and that they are returned appropriately. Most local authorities are quite good at that. They realised there were a lot of problems at the very start. My sister is in a wheelchair and would have highlighted many issues in the early part of this. In fairness, however, most of the areas are now well policed by local authorities to ensure that the footpaths and roads are properly accessible to everybody. That is absolutely essential.

Advertising is again a matter for local authorities. Permissions for awnings often include conditions that such structures shall not be used for advertising purposes, other than the name of the premises. In most cases, exemptions to the planning regulations will also include conditions and limitations around advertisements on applications. There are various circulars attesting to that too, but it is up to the local authorities to determine how they approach the matter.

The exemptions outlined will apply for the rest of 2025 and until September 2026. It will be a matter for the Government to determine the situation thereafter, which it will do well in advance of that date. One of the reasons I chose September 2026 is to ensure that if there is a decision to extend this beyond next year, it will not happen in the middle of the hospitality sector's peak season as is the case now.

On insurance, nothing has been brought to my attention, but I will check within the Department if there has been any correspondence of late from the local authorities on that issue. Is there any question I have not answered?

Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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There was just the technical question about Oireachtas approval. Is that because, unlike the exempted development regulations, there are fees involved?

James Browne (Wexford, Fianna Fail)
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I am not 100% certain, but I will find out.

Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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That is fine. It would be interesting to know.

Micheál Carrigy (Longford-Westmeath, Fine Gael)
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I will make a quick comment before we finish. I saw the benefit of street furniture during Covid. It is still in place in a number of businesses and it adds to the vibrancy of local towns. I also welcome these regulations for that reason.

I thank the Minister and his officials for assisting the committee in its consideration of this matter today.