Planning and Development Act 2000

Licensing of appliances and cables, etc., on public roads.

254

254.—(1) Subject to subsection (2), a person shall not erect, construct, place or maintain—

(a) a vending machine,

(b) a town or landscape map for indicating directions or places,

(c) a hoarding, fence or scaffold,

(d) an advertisement structure,

(e) a cable, wire or pipeline,

F1166[(ee) overground electronic communications infrastructure and any associated physical infrastructure,]

(f) a telephone kiosk or pedestal, or

(g) any other appliance, apparatus or structure, which may be prescribed as requiring a licence under this section,

on, under, over or along a public road save in accordance with a licence granted by a planning authority under this section.

(2) This section shall not apply to the following—

(a) an appliance, apparatus or structure which is authorised in accordance with a planning permission granted under Part III;

(b) a temporary hoarding, fence or scaffold erected in accordance with a condition of planning permission granted under Part III;

(c) the erection, construction, placing or maintenance under a public road of a cable, wire or pipeline by a statutory undertaker.

(3) A person applying for a licence under this section shall furnish to the planning authority such plans and other information concerning the position, design and capacity of the appliance, apparatus or structure as the authority may require.

(4) A licence may be granted under this section by the planning authority for such period and upon such conditions as the authority may specify, including conditions in relation to location and design, and where in the opinion of the planning authority by reason of the increase or alteration of traffic on the road or of the widening of the road or of any improvement of or relating to the road, the appliance, apparatus or structure causes an obstruction or becomes dangerous, the authority may by notice in writing withdraw the licence and require the licensee to remove the appliance, apparatus or structure at his or her own expense.

(5) In considering an application for a licence under this section a planning authority, or the Board on appeal, shall have regard to—

(a) the proper planning and sustainable development of the area,

(b) any relevant provisions of the development plan, or a local area plan,

(c) the number and location of existing appliances, apparatuses or structures on, under, over or along the public road, and

(d) the convenience and safety of road users including pedestrians.

F1167[(5A)(a) Subject to this subsection, where in respect of an application for a licence to erect, construct, place or maintain overground electronic communications infrastructure and any associated physical infrastructure

(i) a planning authority fails to make a decision within a period of 4 months commencing on the date of receipt of an application, a decision (referred to in this subsection and in section 246(3)(c) as a "deemed decision to grant a licence") of the planning authority to grant the licence shall be deemed to have been made on the day following the expiration of that period of 4 months, and

(ii) where a planning authority requests additional information from the applicant regarding the application and the planning authority has not made a decision within a period of 4 months of receiving the applicants response to the request, a deemed decision to grant a licence shall be deemed to have been made on the day following the expiration of that period of 4 months.

(b) A deemed decision to grant a licence shall be subject to the condition that the network operator concerned, in advance of the commencement of the works to erect, construct, place or maintain electronic communications infrastructure or any associated physical infrastructure, shall inform

(i) the planning authority concerned,

(ii) where planned work is on a national road, the National Roads Authority, and

(iii) where planned work is on any regional or local road, the road authority in whose functional area the network operator proposes to carry out the work.

(c) Where a planning authority refuses to grant a licence under this section, it shall state the main reasons for the refusal when notifying its decision to the applicant for the licence.

(d) This section does not apply in respect of an application where, within 4 months of receipt of the application

(i) the planning authority serves notice on the applicant that for exceptional reasons stated in the notice it shall not decide on the application within a period of 4 months commencing on the date of receipt of the application, or

(ii) the applicant gives to the planning authority in writing his or her consent, for stated reasons, to the extension of the period concerned for making a decision on the application, in which case the period for making the decision shall be extended for the period consented to by the applicant.]

(6) (a) 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 the Board.

(b) Where an appeal under this section is allowed, the Board shall give such directions with respect to the withdrawing, granting or altering of a licence under this section as may be appropriate, and the planning authority shall comply therewith.

(7) Development carried out in accordance with a licence under this section shall be exempted development for the purposes of this Act.

(8) A person shall not be entitled solely by reason of a licence under this section to erect, construct, place or maintain on, under, over or along a public road any appliance, apparatus or structure.

(9) Subject to subsection (10), any person who—

(a) erects, constructs, places or maintains an appliance, apparatus or structure referred to in subsection (1) on, under, over or along any public road without having a licence under this section to do so,

(b) erects, constructs, places or maintains such an appliance, apparatus or structure on, under, over or along any public road otherwise than in accordance with a licence under this section, or

(c) contravenes any condition subject to which a licence has been granted to him or her under this section,

shall be guilty of an offence.

(10) (a) A planning authority may, by virtue of this subsection, itself erect, construct, place or maintain, on, under, over or along a public road any appliance, apparatus or structure referred to in subsection (1), and it shall not be necessary for the planning authority to have a licence under this section.

(b) Nothing in this subsection shall be construed as empowering a planning authority to hinder the reasonable use of a public road by the public or any person entitled to use it or as empowering a planning authority to create a nuisance to the owner or occupier of premises adjacent to the public road.

(11) Where a planning authority is not the road authority for the purposes of national or regional roads in its area, it shall not grant a licence under this section in respect of any appliance, apparatus or structure on, under, over or along a national or regional road or erect, construct or place any appliance, apparatus or structure on, under, over or along a national or regional road except after consultation with the authority which is the road authority for those purposes.

Annotations

Amendments:

F1166

Inserted (27.04.2002) by Communications Regulation Act 2002 (20/2002), s. 54(1), commenced on enactment.

F1167

Inserted (20.07.2016) European Union (Reduction of Cost of Deploying High-Speed Public Communications Networks) Regulations 2016 (S.I. No. 391 of 2016), reg. 21.

Modifications (not altering text):

C178

Application of section restricted (31.12.2007) by Water Services Act 2007 (30/2007), s. 41(9), S.I. No. 846 of 2007.

Installation of pipes.

41.— ...

(9) A requirement to hold a licence under section 254 of the Act of 2000 in respect of works on, under, over or along a public road shall not apply to a person who has obtained the consent of a road authority under this section, in respect of the works to which the consent relates.

...

C179

Application of subs. (1)(e) restricted (27.04.2002) by Communications Regulation Act 2002 (20/2002), s. 53(17), now subs. (20), commenced on enactment, as substituted (16.03.2010) by Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010), s. 21(2), commenced on enactment.

[Opening of public road for establishment of underground electronic communications infrastructure.

53.— ...

(20) The requirement to hold a licence under section 254 of the Act of 2000 in respect of subsection (1)(e) of that section does not apply where a network operator has obtained a consent.

... ]

C180

Application of subs. (4) restricted (27.04.2002) by Communications Regulation Act 2002 (20/2002), s. 55, commenced on enactment, as substituted (16.03.2010) by Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010), s. 21(3), commenced on enactment .

Cost apportionment for electronic communications infrastructure relocation due to road improvements.

55.— (1) Notwithstanding section 254(4) of the Act of 2000 and subject to this section, where an authority undertakes work for the purposes of improving a public road, it shall pay to a network operator all reasonable costs incurred by the operator in the relocation (except in relation to the relocation of ducts as referred to in subsection (2)) of its electronic communications infrastructure and any associated physical infrastructure necessitated by and directly attributable to that work.

...

Editorial Notes:

E504

Power pursuant to section exercised (30.04.2021) by Planning and Development (Amendment) (No. 2) Regulations 2021 (S.I. No. 210 of 2021).

E505

Power to amend conditions of certain licenses granted under section prescribed (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), reg. 15(3).

E506

Holders of rights under subs. (1) may be required to share physical infrastructure (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 (S.I. No. 333 of 2011), reg. 21.

E507

Power pursuant to section exercised (22.04.2002) by Planning and Development (No. 2) Regulations 2002 (S.I. No. 149 of 2002).

E508

Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

E509

Previous affecting provision: power to amend conditions of certain licenses granted under section prescribed (25.07.2003) by European Communities (Electronic Communications Networks and Services)(Authorisation) Regulations 2003 (S.I. No. 306 of 2003), reg. 15(3); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), reg. 28(2)(a), subject to transitional provision in reg. 27.

E510

Previous affecting provision: Regulator required to publish information in relation to licences under section (25.07.2003) by European Communities (Electronic Communications Networks and Services)(Authorisation) Regulations 2003 (S.I. No. 306 of 2003), reg. 21, in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), reg. 28(2)(a), subject to transitional provisions in reg. 27.