Core Refusal Reason
The subject site is privately owned and does not constitute a 'public road' as defined by the Roads Act 1993, making it legally ineligible for a Section 254 licence.
Decision Maker's Conclusion
- The proposed licenced area is located on private land within the applicant's ownership and is not maintained by the local authority or subject to a public right of way.
- The area does not meet the definition of a 'public road' under Section 2 of the Roads Act 1993.
- Section 254 of the Planning and Development Act 2000 only permits the granting of licences for structures on public roads, rendering this application fundamentally ineligible.
Cited Policies (CDP)
Policy ECD 5Policy ECD 18Policy ECD 19Policy ECD 22Policy ECD 23Objective ECD5
Decision Document Summary
The applicant sought a Section 254 licence for the installation of 2-metre high windbreakers to create an outdoor seating area at Lombard’s Bar, Newtown, Co. Waterford, to accommodate social distancing requirements. While the site is located in an area zoned for agriculture and under urban pressure, the primary assessment focused on the legal status of the land. The Planning Authority concluded that because the area is privately owned and not a public road, it cannot be granted a licence under S...SOURCE PDFOpen Original
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