Dáil Éireann Debate, Wednesday - 23 June 2021
117. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the guidance he has provided to local authorities to ensure that on-street eating facilities and other Covid-19 recovery measures are not disadvantaging or impeding disabled persons and older persons; and if he will make a statement on the matter. [33937/21]
Amharc ar fhreagraWith a view to supplementing the Outdoor Dining Enhancement Grant Scheme which was announced by my colleague, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, and further to the easing of Covid-19 restrictions over the recent and coming months, a package of amending planning regulations were made on 30 April last to assist in facilitating outdoor dining as well as increased vibrancy and commercial activity in urban areas, particularly in relation to the hospitality and restaurant sectors.
The package of regulations includes the waiving of the street furniture licence fees in respect of tables and chairs used for serving food outside hotels, restaurants, pubs and other establishments in the current year; enabling restaurants to operate as takeaways for the remainder of 2021 without having to apply for change of use planning permission; and revised planning arrangements in relation to the erection of awnings, canopies and other structures at such establishments to support outdoor dining with no fee being applied for the erection of such structures when ancillary to a street furniture licence for tables and chairs.
The licensing of street furniture and other appliances on public roads and footpaths is governed by section 254 of the Planning and Development Act 2000, as amended (the Act), and by Article 201 of the Planning and Development Regulations 2001, as amended (the Regulations). Under section 254(5) of the Act, an application for such a licence shall be made to the relevant planning authority, or the Board on appeal, who, in determining an application or appeal, are required to have regard to the convenience and safety of all road users including pedestrians, the disabled and older persons.
Furthermore, detailed information on the content of the new regulations and advice on their practical implementation was communicated by my Department to planning authorities by way of Planning Circular Letter PL 06-2021 which issued on 30 April last and which is available at the following link: www.gov.ie/en/circular/b41c5-circular-pl-062021-takeaway-and-outdoor-dining-planning-amendments/
The Circular requested that planning authorities give consideration at a local level to the principles of Universal Design when assessing a licence application to ensure that the wider area is accessible, useable and convenient to all those who wish to use or pass through it, while also ensuring that any alternative street layout arrangements proposed in order to facilitate further outdoor dining, such as the relocation of designated accessible parking bays on temporarily pedestrianised streets, are appropriate and fit for purpose.
In light of the foregoing, I am satisfied that local authorities have received appropriate and sufficient guidance on the implementation of the new arrangements at this time and that there is no immediate requirement for any further guidance in this matter.
