Planning and Development Act 2000
Cables, wires and pipelines.
182.—(1) A local authority may, with the consent of the owner and occupier of any land not forming part of a public road, place, construct or lay, as may be appropriate, cables, wires or pipelines (including water pipes, sewers or drains) and any ancillary apparatus on, under or over the land, and may, from time to time, inspect, repair, alter, renew or remove any such cables, wires or pipelines.
F1029[(1A) A local authority shall not be eligible to apply for approval referred to in subsection (1) for development on a maritime site, and no such approval shall be given to a local authority, unless the local authority—
(a) is the holder of a maritime area consent granted for the occupation of the maritime site for the purposes of the proposed development,
(b) is the owner of land on which it is proposed to carry out the development concerned, or
(c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.]
(2) A local authority may, with the consent of the owner and of the occupier of any structure, attach to the structure any bracket or other fixture required for the carrying or support of any cable, wire or pipeline placed, erected or constructed under this section.
(3) A local authority may erect and maintain notices indicating the position of cables, wires or pipelines placed, erected or constructed under this section and may, with the consent of the owner and of the occupier of any structure, affix such a notice to the structure.
(4) Subsections (1) to (3) shall have effect subject to the proviso that—
(a) a consent for the purposes of any of them shall not be unreasonably withheld,
(b) if the local authority considers that such a consent has been unreasonably withheld, it may appeal to the Board, and
(c) if the Board determines that such a consent was unreasonably withheld, it shall be treated as having been given.
(5) The local authority may permit the use of any cables, wires or pipelines placed, erected or constructed under this section and of any apparatus incidental to the cables, wires or pipelines subject to such conditions and charges as it considers appropriate.
Annotations
Amendments:
F1029
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 46, S.I. No. 488 of 2022.
Modifications (not altering text):
C269
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 275(12), not commenced as of date of revision.
Cables, wires and pipelines (land)
275.— …
(12) (a) A consent referred to in section 182 of the Act of 2000 given, before the repeal of that section by section 6, by the owner or the owner and the occupier, as the case may be, of land shall be deemed to be a consent under subsection (4) given by that owner or that owner and that occupier, as may be appropriate.
(b) Notwithstanding the repeal of section 182 of the Act of 2000 by section 6 , the said section 182 shall continue to apply and have effect on and after that repeal for the purposes of an appeal brought under paragraph (b) of subsection (4) of the said section 182 before that repeal.
C270
Application of section extended and references construed (31.12.2007) by Water Services Act 2007 (30/2007), s. 41(12), S.I. No. 846 of 2007.
Installation of pipes.
41.— ...
(12) Section 182 of the Act of 2000 shall apply to a water services authority for the purposes of this Act, and any references to a local authority in the said section or in Part XIV or related Parts of the Act of 2000 shall be deemed to be a reference to a water services authority for the purposes of this Act.
...