When a licence is required
A Section 254 Licence will be required from a Planning Authority to place on, under, over or along a public road (a road over which a public right of way exists and the responsibility for the maintenance of which lies with the Local Authority) 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
- Any other appliance, apparatus or structure which may be prescribed as requiring a licence under Section 254 of the Planning and Development Act 2000 (as amended)
How to apply
A person applying for a licence under this section shall furnish to the Planning Authority such plans and information concerning the position, design and capacity of the appliance(s), apparatus(s) or structure(s). Such plans and information should include:
- Completed Section 254 Application Form
- Site Location Map – 1/2500 scale
- Site Layout Plan showing location of proposed appliance(s), apparatus(s) or structure(s)
- Plans/elevations/sections as necessary to describe the design, capacity of the proposed appliance(s), apparatus(s) or structure(s)
- Drawing to scale of proposed appliance(s), apparatus(s) or structure(s)
- The appropriate Licence Fee i.e. €60.00
- Copy of Insurance Confirmation indemnifying Wexford County Council against claims arising out of any accidents to persons or property
- Evidence that the land subject to the application is public land and not private property e.g. written consent of the landowner and/or land registry details
Definition of a Public Road
Section 2 of the Planning and Development Act 2000 (as amended) states that a ‘road’ has the same meaning as in the Roads Act 1993. Section 2 of the Roads Act 1993 states ‘public road’ means a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority.
Appeal the Planning Authority decision
The decision of the Planning Authority can be appealed to An Bord Pleanála.
Withdrawal of a licence
Wexford County Council may grant a licence for a specified period and subject to conditions.
The Planning Authority may, by notice in writing, withdraw the licence and require the licensee to remove the appliance(s), apparatus(s) or structure(s) at their own expense, due to the:
- Increase or alteration of traffic on the road
- Widening of the road
- Any improvement to the road
- The appliance(s), apparatus(s) or structure(s) cause an obstruction or becomes dangerous.
Fees for Licences under Section 254
Where a licence is granted by a Planning Authority under Section 254 of the Act:
- To erect, construct, place and maintain, or
- To maintain,
a specified appliance, apparatus or structure referred to in Part 1 of Schedule 12, the amount of the fee to be paid to the Planning Authority shall, subject to the provisions of Article 203, be:
- Where the licence is for a period of one year, the appropriate amount indicated in Column 2 of that Schedule opposite the reference in Column 1 to the specified appliance, apparatus or structure
- Where the licence is for a period of more than one year, an amount equal to the fee for one year for each year or part of a year for which the licence is granted
- Where the licence is for a period of less than one year, an amount equal to one tenth of the fee for one year for each month or part of a month for which the licence is granted.
Where a licence is granted by a Planning Authority under Section 254 of the Act to erect, construct, place and maintain a specified appliance, apparatus or structure referred to in Part 2 of Schedule 12, the amount of the fee to be paid to the Planning Authority shall be the amount indicated in Column 2 of that Schedule opposite the reference in Column 1 of that Schedule to the specified appliance, apparatus or structure, and no fee shall be payable in respect of any renewal of a licence for such an appliance, apparatus or structure.