Local Government (Planning and Development) Act, 1963

Petrol pumps, etc., on public roads.

89.—(1) The planning authority may grant to any person a licence to erect, construct, place, and maintain—

(a) a petrol pump, oil pump, air pump or other appliance for the servicing of vehicles,

(b) a vending machine,

(c) a town or landscape map for indicating directions or places,

(d) a hoarding, fence or scaffold,

(e) an advertisement structure,

(f) a cable, wire or pipeline,

(g) any other appliance or structure specified by the Minister by regulations as suitable for being licensed under this section,

on, under, over or along a public road.

(2) A person applying for a licence under this section shall furnish to the planning authority such plans and other information concerning the position, design and capacity of the appliance or structure as the authority may require.

(3) A licence may be granted under this section by the planning authority for such period and upon such conditions as the authority may specify, and where in the opinion of the planning authority by reason of the increase or alteration of traffic on the road or of the widening of the road or of any improvement of or relating to the road, the appliance or structure causes an obstruction or becomes dangerous, the authority may by notice in writing withdraw the licence and require the licensee to remove such appliance or structure at his own expense.

(4) (a) Any person may, in relation to the granting, refusing, withdrawing or continuing of a licence under this section or to the conditions specified by the planning authority for such a licence, appeal to the Minister.

(b) Where an appeal under this section is allowed, the Minister shall give such directions with respect to the withdrawing, granting or altering of a licence under this section as may be appropriate, and the planning authority shall comply therewith.

(5) (a) The Minister may make regulations prescribing the amount of the fee to be paid to the planning authority for the grant of a licence under this section, and any such fees shall be applied by the planning authority in the manner directed by the regulations.

(b) Different fees may be prescribed under this subsection in respect of different appliances and structures.

(6) Nothing in this section shall be construed as affecting the application to petrol pumps of the regulations for the time being in force relating to the storage or sale of motor spirit or to authorise the use of a petrol pump otherwise than in accordance with those regulations.

(7) A person shall not be entitled solely by reason of a licence under this section to erect, construct, place or maintain on, under, over or along a public road any appliance or structure.

(8) Subject to subsection (9) of this section, any person who—

(a) erects, constructs, places or maintains an appliance or structure referred to in subsection (1) of this section on, under, over or along any public road without having a licence under this section so to do, or

(b) erects, constructs, places or maintains such an appliance or structure on, under, over or along any public road otherwise than in accordance with a licence under this section, or

(c) contravenes any condition subject to which a licence has been granted to him under this section,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds; and if in the case of a continuing offence the contravention is continued after conviction, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding two pounds for each day on which the contravention is so continued.

(9) (a) A planning authority may, by virtue of this subsection, themselves erect, construct, place or maintain, on, under, over or along a public road any appliance or structure referred to in subsection (1) of this section, and it shall not be necessary for them to have a licence under this section.

(b) Nothing in this subsection shall be taken as empowering a planning authority to hinder the reasonable use of a public road by the public or any person entitled to use it or as empowering a planning authority to create a nuisance to the owner or occupier of premises adjacent to the public road.

(10) Where a planning authority are not the road authority for the purposes of main roads in their area, they shall not, in pursuance of this section, grant a licence in respect of any appliance or structure on, under, over or along a main road or erect, construct or place any appliance or structure on, under, over or along a main road save after consultation with the authority who are the road authority for those purposes.