Local Government (Planning and Development) Act, 1963

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Cables, wires and pipelines.

85.—(1) A planning authority may, with the consent of the owner and of the occupier of any land not forming part of a public road, place, erect or construct cables, wires and pipelines (other than waterpipes, sewers and drains), and any apparatus incidental to such cables, wires and pipelines, on, under or over such land, and may from time to time inspect, repair, alter or renew, or may at any time remove, any cables, wires or pipelines placed, erected or constructed under this section.

(2) A planning authority may, with the consent of the owner and of the occupier of any structure, attach to such structure any bracket or other fixture required for the carrying or support of any cable, wire or pipeline placed, erected or constructed under this section.

(3) A planning authority may erect and maintain notices indicating the position of cables, wires or pipelines placed, erected or constructed under this section and may, with the consent of the owner and of the occupier of any structure, affix such a notice to such structure.

(4) The foregoing subsections of this section shall have effect subject to the proviso that—

(a) a consent for the purposes of any of them shall not be unreasonably withheld,

(b) if the planning authority consider that such a consent has been unreasonably withheld, they may appeal to the Minister,

(c) if the Minister determines that such a consent was unreasonably withheld, it shall be treated as having been given.

(5) The planning authority may permit the use of any cables, wires or pipelines placed, erected or constructed under this section and of any apparatus incidental to such cables, wires or pipelines subject to such conditions and charges as they consider appropriate.