Claire Kerrane (Roscommon-Galway, Sinn Fein)
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403. To ask the Minister for Housing, Planning, and Local Government if he will consider reviewing the Planning and Development Act 2000 in relation to public consultations where a licence is sought. [55095/22]

Peter Burke (Longford-Westmeath, Fine Gael)
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Under section 30 of the Planning and Development Act 2000, as amended (the Act), I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned. This includes the Section 254 licensing process. This question is asking for an interpretation of the Law which is a matter for the Courts.

Section 254 of the Act, provides for a licensing system for appliances and structures, placed on, above, under or along a public road, including footpaths. The Act provides that a "public road" has the same meaning as assigned in the Roads Act 1993, which defines it as “a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority”. 

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 in relation to location, design, space taken up by appliance and the need to protect protected structures etc. Within the statutory framework, licensing is a matter for each individual planning authority and I, as Minister, have no role in the matter. 

In considering an application for a licence under section 254(5) of the Act, a planning authority shall have regard to the proper planning and sustainable development of the area, development plans, the number and location of existing appliances and the convenience and safety of road users including pedestrians. 

Under section 254(6) any person may, in relation to the granting, refusing, withdrawing or continuing of a licence under this section or to the conditions specified by the planning authority for such a licence, appeal to An Bord Pleanála.

Planning legislation is kept under constant review and I have no plans to make further legislative changes in this regard at this point in time.