The Minister for Housing, Local Government and Heritage, Darragh O’Brien TD, has welcomed the support of regulations to assist restaurants and cafés at the Oireachtas Committee today.
The two sets of regulations which received cross party support include the Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2021, which concerns planning exemptions for restaurants to operate as takeaways for the remainder of 2021, and the Planning and Development (Street Furniture Fees) Regulations 2021 which waive the section 254 street furniture license fees for the remainder of 2021 for tables and chairs associated with outdoor dining.
A third set of Regulations, which do not require the approval of both Houses of the Oireachtas, are being progressed simultaneously and provide for the erection of awnings, coverings and other similar apparatus for outdoor dining to be a licenced activity under section 254 of the Planning and Development Act 2000, as amended, when it is linked with a street furniture licence for tables and chairs under that section.
Commenting Minister O’Brien said, “We are all aware that the hospitality and restaurant sector, and indeed the wider tourism sector, have suffered the brunt of the COVID-19 pandemic, both this year and last year. They have been the subject of both temporary closure of business for considerable periods of time as well as other restrictions which have taken a massive toll.
“We know this summer will see a lot of outdoor dining and these regulations will offer some respite to businesses who otherwise would pay significant street furniture licence fees and have to make planning applications for coverings and awnings.
“Government are committed to providing necessary supports to assist these sectors as much as is possible with a view to facilitating their recovery as the current restrictions are eased and eventually lifted over the coming summer months,” he concluded.
ENDS
Note to Editor:
Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2021
These draft Regulations propose to provide the same exemptions for restaurants as were provided last year under the Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2020, which have now expired.
The draft Regulations amend Class 14, of Part 1 of Schedule 2 to the Principal Planning Regulations to allow restaurants that do not have a specific permission to operate as takeaways and/or as a delivery service to operate for this purpose until 31 December 2021 without having to apply for change of use planning permission.
This will facilitate such restaurants to continue operations and to provide food for consumption both on-premises (initially outdoor only) and off-premises, thereby enhancing the viability of their operations and assisting in the maintenance of jobs as Covid-related restrictions are eased on a phased basis over the remainder of the year.
Planning and Development (Street Furniture Fees) Regulations 2021
These regulations propose to waive the fees chargeable for street furniture licences under section 254 of the Planning and Development Act 2000, as amended, and Schedule 12, Part 1 of the associated Planning and Development Regulations 2001, as amended, in order to assist in reducing the cost burden for hotels, restaurants, public houses and other establishments where food is sold for consumption.
In this regard, the street furniture licence fee for installing tables and chairs to facilitate the consumption of food outside hotels, restaurants, public houses and other establishments is being reduced on a time-limited basis for the current year from €125 per table to €0 per table. Furthermore, no fee will be applied – on a permanent basis - in respect of the installation of awnings, canopies and heaters etc. provided in conjunction with outdoor tables and chairs which, it is now proposed to include under the street furniture licensing regime rather than the normal planning consent regime.
Under the provisions of the Planning and Development Act, Minister O’Brien is required to obtain Oireachtas approval to any exempted development regulations, or regulations amending the fees for street furniture licences, before he can sign them into law. Hence the presentation of these regulations to the Committee.