Planning and Development Act 2024
|
Licensing of appliances and cables, etc., on public roads | ||
|
13. (1) In this section “network operator” means a person providing, or authorised to provide— | ||
(a) a public electronic communications network, within the meaning of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 20189 establishing the European Electronic Communications Code, or | ||
(b) any associated facilities within such meaning. | ||
(2) Subject to subsections (3) and (12), 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, duct or pipeline, | ||
(f) electronic communications infrastructure or any associated physical infrastructure, whether overground or underground, | ||
(g) a telephone kiosk or pedestal, or | ||
(h) such other appliance, apparatus or structure as may be prescribed, | ||
on, under, over or along a public road, save in accordance with a licence granted by a planning authority under this section. | ||
(3) This section shall not apply to— | ||
(a) an appliance, apparatus or structure that is authorised in accordance with a permission granted under Part 4 , | ||
(b) a temporary hoarding, fence or scaffold erected in accordance with a condition of permission granted under that Part, | ||
(c) the erection, construction, placing or maintenance under a public road of a cable, wire, duct or pipeline by a statutory undertaker, or | ||
(d) the carrying out of works in respect of which an appropriate assessment or an environmental impact assessment is required under Part 6 . | ||
(4) (a) A person may, in such form and manner (including by electronic means) as may be prescribed, apply to a planning authority for— | ||
(i) a licence under this section, | ||
(ii) the continuation of a licence granted under this section, or | ||
(iii) the continuation of a licence referred to in subsection (1) of section 14 , in force on the date of the making of the application concerned, | ||
and the application shall be accompanied by— | ||
(I) such fee as may be prescribed, | ||
(II) such plans and other information concerning the position, design and capacity of the appliance, apparatus or structure referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of subsection (2) as the planning authority may require, and | ||
(III) such other information as may be prescribed. | ||
(b) Applicants for licences under this section for appliances, apparatuses or structures of such class or classes as may be prescribed shall give notice of such applications to the public in such manner and form as may be prescribed. | ||
(c) A planning authority may require any person who made an application under paragraph (a) to submit further information with regard to the position, design and capacity of the appliance, apparatus or structure concerned for the purpose of enabling the planning authority to determine the application. | ||
(d) Where a request for further information is not complied with within the period of 6 months from the date of the request for further information, or such additional period, not exceeding 3 months, as may be agreed with the planning authority, the application concerned shall be deemed to be withdrawn and the planning authority shall, as soon as may be thereafter, notify the applicant that the application is deemed to be withdrawn. | ||
(5) A planning authority may, upon an application under this section— | ||
(a) grant a licence under this section in respect of such period, and upon such conditions (including conditions relating to location and design), as the planning authority may specify, | ||
(b) grant a continuation of a licence under this section in respect of such period, and upon such conditions (including conditions relating to location and design), as the planning authority may specify, | ||
(c) grant a continuation of a licence referred to in subsection (1) of section 14 in respect of such period, and upon such conditions (including conditions relating to location and design), as the planning authority may specify, or | ||
(d) refuse to grant such licence or continuation. | ||
(6) Where, in the opinion of the planning authority, an appliance, apparatus or structure for which a licence has been granted under this section or section 254 of the Act of 2000 causes an obstruction, or becomes dangerous, by reason of the increase or alteration of traffic on a road, the widening of a road or any improvement of or relating to a road, the planning authority may by notice in writing revoke the licence and require the licensee to remove the appliance, apparatus or structure at his or her own expense. | ||
(7) In considering an application for a licence under this section, a planning authority, shall have regard to— | ||
(a) the proper planning and sustainable development of the area, | ||
(b) any relevant provisions of the development plan, | ||
(c) the number and location of existing appliances, apparatuses or structures on, under, over or along the public road, | ||
(d) the convenience and safety of road users including pedestrians, and | ||
(e) the possibility that the purpose for which the application concerned is made may be served by an appliance, apparatus or structure that is already subject to— | ||
(i) a licence under this section, or | ||
(ii) a licence under section 254 of the Act of 2000 that is in force by virtue of section 14 . | ||
(8) (a) A planning authority shall— | ||
(i) make a decision in relation to an application under this section, and | ||
(ii) give a copy of that decision and the main reasons and considerations on which the decision is based to the person who made the application, | ||
not later than— | ||
(I) 8 weeks from the date of receipt of the application, or | ||
(II) where a request for further information is made in accordance with paragraph (b) of subsection (4), 4 weeks from the date by which that information is required to be provided in accordance with that subsection, | ||
whichever occurs later. | ||
(b) Where a planning authority fails to make a decision within the period referred to in paragraph (a) in relation to an application in respect of— | ||
(i) overground electronic communications infrastructure, or | ||
(ii) any associated physical infrastructure, | ||
a decision (referred to in this subsection 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— | ||
(I) the period of 8 weeks from the date of receipt of the application, or | ||
(II) the period of 4 weeks from the date of receipt of the applicant’s response to a request for additional information, | ||
whichever occurs later. | ||
(c) A deemed decision to grant a licence shall be subject to the condition that the network operator concerned shall, before commencing any works to erect, construct, place or maintain electronic communications infrastructure or any associated physical infrastructure, inform— | ||
(i) the planning authority concerned, | ||
(ii) where the planned works are on a national road, the National Roads Authority, and | ||
(iii) where the planned works are on any regional or local road, the road authority in whose functional area the network operator proposes to carry out the works, | ||
of the network operator’s intention to commence such works. | ||
(d) Paragraphs (a), (b) and (c) shall not apply in respect of an application under this section if, not later than 8 weeks from the date on which the planning authority received the application, the planning authority notifies the applicant in writing that for exceptional reasons stated in the notification it is not in a position to comply with paragraph (a) within the period specified in that paragraph, and where the planning authority so notifies the applicant, it shall— | ||
(i) make a decision in relation to an application under this section, and | ||
(ii) give a copy of that decision and the main reasons and considerations on which the decision is based to the person who made the application, | ||
not later than 8 weeks from— | ||
(I) the date of the notice, or | ||
(II) the date of receipt of the applicant’s response to a request for additional information, | ||
whichever occurs later. | ||
(9) (a) Any person may appeal the refusal by a planning authority of an application for a licence or continuation of a licence under this section to the Commission not later than 4 weeks from the date of the decision of the planning authority to refuse the application. | ||
(b) Any person may appeal— | ||
(i) the grant of a licence or continuation of a licence under this section by a planning authority, or | ||
(ii) the decision of a planning authority to attach a condition to a licence under this section, | ||
to the Commission not later than 4 weeks from the date of the decision to grant or continue the licence or, as the case may be, attach the condition concerned. | ||
(c) Any person may appeal the revocation of a licence under this section by a planning authority to the Commission not later than 4 weeks from the date of the decision of the planning authority to revoke the licence. | ||
(d) This section (other than paragraphs (b) and (c) of subsection (8) and this paragraph) shall apply for the purposes of an appeal under this section as it applies for the purposes of an application for a licence under this section as if— | ||
(i) the following paragraph were substituted for paragraph (a) of subsection (4): | ||
“(a) The appeal from a decision of a planning authority under this section shall be accompanied by— | ||
(i) such fee as may be approved under section 381 , | ||
(ii) such plans and other information concerning the position, design and capacity of the appliance, apparatus or structure referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of subsection (2) as the Commission may require, and | ||
(iii) such other information as may be prescribed.”, | ||
(ii) in paragraph (c) of subsection (4), “the appellant” were substituted for “any person who applied for a licence under this section or for the continuation of a licence granted under this section”, | ||
(iii) the following subsection were substituted for subsection (5): | ||
“(5) (a) The Commission may, upon an appeal under this section, affirm the decision of the planning authority. | ||
(b) The Commission may, upon an appeal under this section— | ||
(i) grant the appeal (in whole or in part), and for that purpose may— | ||
(I) grant a licence under this section in respect of such period, and upon such conditions (including conditions relating to location and design) as the Commission may specify, | ||
(II) grant a continuation of a licence under this section in respect of such period, and upon such conditions (including conditions relating to location and design) as the Commission may specify, | ||
(III) amend or vary a licence or continuation of a licence granted under this section, or | ||
(IV) attach a condition to, or remove or amend a condition of, a licence or continuation of a licence granted under this section, | ||
or | ||
(ii) refuse the appeal.”, | ||
(iv) references to applicant were references to appellant, | ||
(v) the references to application or application for a licence were references to appeal under this section, and | ||
(vi) references to the planning authority were references to the Commission. | ||
(e) A decision of the Commission in relation to an appeal under this section shall operate to annul the decision of the planning authority from which the appeal was brought. | ||
(f) Where a person appeals— | ||
(i) the refusal by a planning authority of an application for the continuation of a licence under this section, or | ||
(ii) the revocation by the planning authority of a licence under this section, | ||
to the Commission, the licence shall, notwithstanding such refusal or revocation, remain in force pending the decision of the Commission in relation to the appeal. | ||
(10) 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. | ||
(11) A person who— | ||
(a) contravenes subsection (2), or | ||
(b) contravenes a condition attaching to a licence, | ||
shall be guilty of an offence. | ||
(12) (a) Subsection (2) shall not apply to a planning authority. | ||
(b) This subsection shall not operate to entitle a planning authority to— | ||
(i) hinder the reasonable use of a public road by the public or any person entitled to use it, or | ||
(ii) create a nuisance to the owner or occupier of premises adjacent to a public road. | ||
(13) A planning authority shall not, in relation to a national road in its functional area for which it is not the road authority (within the meaning of Part V of the Roads Act 1993 )— | ||
(a) grant a licence under this section, or | ||
(b) do any act referred to in subsection (2), | ||
without first consulting with the road authority (within the said meaning) for such national road or regional road, as the case may be. | ||
(14) A decision of a planning authority or the Commission under this section may be communicated to the applicant or the appellant concerned in such form and manner (including by electronic means) as may be prescribed. | ||
(15) The Minister may, by regulations, require planning authorities and the Commission to enter on such database or databases as may be specified in the regulations such information as may be so specified in relation to applications and appeals under this section. | ||