Section 254 Licence - appliances, cables, signs, street furniture or other items on public roads.
What requires a licence?
You will need a licence from a planning authority to place on, under, over or along a public road the following items or equipment:
- a vending machine,
- a town or landscape map for indicating directions or places,
- a fence, scaffold or hoarding,
- an advertisement structure,
- a cable, wire or pipeline,
- over ground electronic communications infrastructure and any associated physical infrastructure such as a telephone pole or cabinet,
- a telephone kiosk or pedestal, or
- any other appliance, apparatus or structure specified in regulations made by the Minister for Housing, Planning and Local Government or by an Act of the Oireachtas that requires a licence.
A common example is an application for a licence to place tables and chairs outside a hotel, restaurant, public house or other venue. For this reason, sometimes a licence application is referred to as being for a "street furniture" licence, although there are many other items and situations where a licence may be required.
What will the Planning Authority consider?
In considering the licence application, the Planning Authority must consider:
- the proper planning and sustainable development of the area,
- any relevant parts of the development plan or the local area plan,
- the number and location of existing appliances, apparatuses or structures on, under, over or along the public road, and
- the convenience and safety of road users including pedestrians.
How do I Apply?
To apply for a Licence you will need to complete the application form and submit to the planning authority along with:
- A Site Location Map - 1/2500 scale
- A Site Layout Plan showing location of proposed appliance(s)/apparatus(s)/structure(s)
- Drawing(s) to scale of proposed appliance(s)/apparatus(s)/structure(s)
- The appropriate Licence Fee
- Copy of Insurance Confirmation indemnifying South Dublin County Council against claims arising out of any accidents to persons or property.
- Written legal consent of the landowner.
Where can I see the Section 254 Licences in the County?
As of February 2020, Section 254 Licences for over ground electronic communications infrastructures are included on the weekly list and this can be viewed at http://www.sdublincoco.ie/Planning/WeeklyLists
In addition, the received Section 254 Licences for over ground electronic communications infrastructures are mapped and included on the Planning Register. You can also search the Council's interactive maps for these S254 Licenses on the Planning Application Map webpage.
Can I Appeal the Planning Authority Decision?
Under Section 254 (6) (a), the Planning and Development Act 2000 (as amended) states that 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 An Bord Pleanala.