Core Refusal Reason
The Planning Authority is legally precluded from issuing a Section 254 Licence because the proposed development is located on lands not owned or controlled by Waterford City & County Council.
Decision Maker's Conclusion
- The subject site is located on a grass verge that is part of a land folio owned by the Waterford Institute of Technology (WIT) rather than public land.
- Under the Planning and Development Act 2000, Section 254 Licences are only applicable to developments situated on public roads or lands under local authority control.
- As the council does not own or control the land in question, it lacks the legal jurisdiction to grant a Section 254 Licence for the proposed telecommunications infrastructure.
Cited Policies (CDP)
Waterford City & County Development Plan 2022-2028Zoned Community Infrastructure [CI]
Decision Document Summary
Emerald Tower Limited applied for a Section 254 Licence to install an 18m dual operator telecommunications pole and associated ground-based equipment at Sunrise Crescent, Larchville, Waterford. The proposed location is a grass verge adjacent to Waterford Institute of Technology (SETU) grounds. The application was refused on the grounds that the site is private property owned by the educational institute and not public land under the control of the local authority. As Section 254 of the Planning ...SOURCE PDFOpen Original
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