Core Refusal Reason
The proposed development is located on lands not in the ownership or control of Waterford City & County Council, making the Section 254 licensing process legally inapplicable.
Decision Maker's Conclusion
- The application seeks a Section 254 Licence for an 18m dual operator pole and associated equipment on a grass verge at Sunrise Crescent.
- Verification of land ownership via LandDirect confirmed that the subject site is part of a folio owned by Waterford Institute of Technology (WIT) and is not public land.
- The Planning Authority is legally precluded from issuing a licence under Section 254 of the Planning and Development Act 2000 as the provisions only apply to works on public roads or lands under local authority control.
Cited Policies (CDP)
Zoned Community Infrastructure [CI]Proposed Active Travel & / or Public Transport
Decision Document Summary
Emerald Tower Limited applied for a Section 254 Licence to install an 18m dual operator telecommunications pole and ground-based equipment cabinets at Sunrise Crescent, Larchville, Waterford. The site is situated on a grass verge adjacent to the Waterford Institute of Technology (WIT) and is zoned for Community Infrastructure. The application was refused because the Planning Authority determined that the lands are privately owned by WIT and are not under the control of the Council. Consequently,...SOURCE PDFOpen Original
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