Seán Sherlock
Question:430. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage if wet pubs will be included in his proposed waiver for street furniture. [21225/21]
View answerWednesday, 28 April 2021
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Written answers
Under the Planning and Development Act 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission.
Furthermore, section 254 of the Act provides for a street furniture licensing system for prescribed appliances and structures, placed on, above, under or along a public road, including footpaths. Under article 201(b) of the Regulations, a street furniture licence is required for "tables and chairs outside a hotel, restaurant, public house or other establishment where food is sold for consumption on the premises". The fee payable under the street furniture licensing regime for the erection of tables and chairs outside such establishments is provided for in Schedule 12 of the Regulations and is set at €125 per table. The proposed temporary fee waiver for tables and chairs placed outside such establishments, which was discussed at the Joint Oireachtas Committee on Housing, Local Government and Heritage on 27 April 2021 will only apply in respect of establishments involved in the serving food for consumption on the premises.
Where an establishment does not serve food for consumption on the premises or where a property is not on a public road, article 201(b) of the Regulations does not apply and planning permission may be required for the placing of tables and chairs outside such establishments. If a person wishes to establish whether or not planning permission is required for a specific development proposal, they can seek a declaration from their local authority under Section 5 of the Act.