Planning and Development Act 2024

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Cables, wires and pipelines (maritime sites)

276. (1) Subject to subsection (12) and Part 4, where it considers it necessary to do so, a planning authority may—

(a) place, construct, lay or connect cables, wires, ducts or pipelines (including water pipes, sewers, drains and district heating systems) and any ancillary apparatus, on, into, under or over any maritime site,

(b) attach to or erect on any maritime site, or structure therein any bracket or other fixture required for the carrying or support of the cables, wires, ducts or pipelines and ancillary apparatus, or

(c) erect or affix on any maritime site, or structure therein, and maintain, notices indicating the position of the cables, wires, ducts or pipelines and ancillary apparatus.

(2) A power under subsection (1) shall not be exercised unless the owner and the occupier (if any) of the maritime site concerned have given consent in the manner provided for in subsection (5) or an order has been made by the Commission under paragraph (a) of subsection (6).

(3) Where a planning authority proposes to exercise a power under subsection (1), it shall, following consultation with the Maritime Area Regulatory Authority, first serve notice of the proposal on the owner and the occupier of the maritime site concerned, which notice shall—

(a) describe the power which it proposes to exercise and the location, by reference to a map, at which it is intended to be exercised,

(b) request the consent of the owner and the occupier, to be provided by executing the form of consent referred to in paragraph (c),

(c) enclose the prescribed form of consent,

(d) state that, where consent has not been given by the owner and the occupier within 28 days of the service of the notice, the planning authority may apply to the Commission for an order confirming the notice, which order, if granted, will entitle the planning authority to exercise the power the subject of the notice without such consent,

(e) state that, where the planning authority is authorised to exercise the power described by the notice, it shall be entitled to the rights and subject to the obligations specified in subsection (8), and

(f) state that, where the planning authority is authorised to exercise the power described by the notice, subsection (9) shall apply to anything done in exercise of the power.

(4) The planning authority shall give a copy of the notice referred to in subsection (3) to the Maritime Area Regulatory Authority.

(5) (a) A person on whom a notice under subsection (3) is served may, in the prescribed form, give consent to the exercise of a power under subsection (1).

(b) Where a person on whom a notice under subsection (3) has been served has not given consent in the prescribed form within 28 days from the date of the service of the notice, the planning authority may (without prejudice to its entitlement to accept a consent at any time thereafter) apply to the Commission for an order confirming the notice.

(6) The Commission, in considering an application under paragraph (b) of subsection (5) may, by order—

(a) confirm the notice, with or without variation, or

(b) set the notice aside.

(7) Where the Commission confirms the notice under paragraph (a) of subsection (6), the planning authority may exercise the power described in the notice under paragraph (a) of subsection (3) without the consent of the owner and occupier.

(8) Where a power referred to in subsection (1) is exercised, the planning authority—

(a) may, in the course of exercising the power, make minor modifications to the location at which the power is exercised as described in the notice under subsection (3), where the modification is immaterial,

(b) may, from time to time after the exercise of the power, inspect, repair, alter, renew or remove any thing done in exercising the power,

(c) may license the use of the cables, wires, ducts or pipelines (including water pipes, sewers, drains and district heating systems) and ancillary apparatus by third parties, and

(d) shall make good any loss or damage caused to an owner of the maritime site or structure referred to in subsection (1) occurring in the course of the exercise of the power or any inspection, repair, alteration, renewal or removal under paragraph (b), or reimburse the owner the reasonable costs and expenses of such making good.

(9) Where anything is done pursuant to subsection (1) or paragraph (b) of subsection (8), a person shall not, without the prior written consent of the planning authority, damage, obstruct or otherwise interfere with the thing done.

(10) (a) Where consent has been given by the owner and the occupier pursuant to paragraph (a) of subsection (5) or an order confirming a notice has been made under paragraph (a) of subsection (6), the consent or order may be registered—

(i) in the Registry of Deeds, as an act of the owner of the maritime site concerned, or

(ii) in the Land Registry, as a burden on any part of the maritime site concerned that is registered in the Land Registry.

(b) The cost of registering the consent or order shall be borne by the planning authority that served the notice under subsection (3).

(11) Particulars of a notice under subsection (3), a consent under subsection (5) and an order under subsection (6) shall be entered in the register.

(12) Subsection (1) shall not apply to—

(a) a maritime site that is State land or land owned by a State authority within the meaning of subsection (1) of section 2 of the State Property Act 1954 , or

(b) any structure in such a maritime site.

(13) An approval referred to in subsection (1A) of section 182 of the Act of 2000 given before the repeal of that section by section 6 for development on a maritime site shall be deemed to be a consent under subsection (5) given by that owner or that owner and occupier, as may be appropriate.