Planning Issues

Dáil Éireann Debate, Friday - 16 September 2016

Friday, 16 September 2016

Questions (643)

Jim O'Callaghan

Question:

643. Deputy Jim O'Callaghan asked the Minister for Housing, Planning, Community and Local Government if he will request that powers be conferred upon the Inspector of the Street Furniture Unit of local authorities to remove items placed on the public footpath which are deemed to cause a hazard to and block the mobility of limited mobility residents, in particular those who rely on the assistance of a carer and walking frame, wheelchair or similar device, in view of the serious problem of items such as garden furniture being placed on very narrow public footpaths which impede the access of limited mobility neighbours and which on occasion result in it being necessary for such persons to venture onto the public road and be exposed to the serious risk of an accident. [26039/16]

Written answers

Minister for Housing, Planning, Community and Local Government

Section 254 of the Planning and Development Act 2000 , as amended, provides for a licensing system for appliances and structures, including street furniture, placed on, above, under or along a public road, including footpaths. The Planning and Development Regulations 2001, as amended, prescribe tables and chairs outside a hotel, restaurant, public house or other establishment where food is sold for consumption on the premises as requiring a licence under section 254 of the Act.

This licensing system 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. Therefore, in considering an application for a licence, a local authority, or An Bord Pleanála on appeal, must have regard, inter alia, to the convenience and safety of road and footpath users, including pedestrians.

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. Where, in the opinion of the planning authority, a structure causes an obstruction or becomes dangerous, the authority may by notice withdraw the licence and require the licensee to remove any relevant appliance, apparatus or structure at his or her own expense.

Within this statutory framework, the licensing, charging and enforcement regime operated by local authorities in respect of outdoor seating for restaurants, cafes and bars, is a matter for each individual local authority.