Core Refusal Reason
The Planning Authority is legally precluded from issuing a Section 254 Licence because the proposed development is located on private land rather than a public road or land under the control of the Local Authority.
Decision Maker's Conclusion
- The proposed 18m dual operator pole and associated equipment are located on lands identified as being in the private ownership of Glanbia (Folio WD35628F) and not on public lands.
- Under Section 254 of the Planning and Development Act 2000 (as amended), the Planning Authority is only empowered to grant licences for structures on, under, over, or along a public road.
- As the site is not under the ownership or control of the Local Authority, the statutory provisions of Section 254 do not apply, and the Council is precluded from deciding on or issuing the licence.
Cited Policies (CDP)
UTL 16 ICT/ CommunicationsZoned Open Space and Recreation [OS]Waterford City & County Development Plan 2022-2028
Decision Document Summary
Emerald Tower Limited sought a Section 254 Licence for the installation of an 18m dual operator telecommunications pole and associated ground-based equipment at Maypark Lane, Waterford. The site is located at a recessed entrance formerly serving the Snowcream plant and is currently zoned for Open Space and Recreation. The application was refused because land registry records confirmed the site is private property owned by Glanbia. Since Section 254 licences are strictly limited to developments o...SOURCE PDFOpen Original
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