Dáil Éireann Debate, Thursday - 28 May 2026
380. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage if an assessment has been undertaken regarding the impact of vape and smoke retail outlet proliferation on commercial vacancy patterns, retail diversity or traditional retail activity within town centres; and if he will make a statement on the matter. [40874/26]
View answer384. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage if planning legislation currently permits local authorities to regulate or restrict the concentration or clustering of vape and smoke retail outlets within towns, villages or city centres; and if he will make a statement on the matter. [40875/26]
View answer385. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage if consideration has been given to introducing planning or zoning controls relating to the density or concentration of vape and smoke retail outlets within urban areas; and if he will make a statement on the matter. [40876/26]
View answer386. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage if his Department has issued planning guidance to local authorities relating to vape and smoke retail outlets; and if he will make a statement on the matter. [40877/26]
View answer387. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage if vape and smoke retail outlets are classified under any distinct planning-use category for the purposes of planning and development legislation; and if he will make a statement on the matter. [40878/26]
View answer388. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage if a review has been undertaken regarding the visual impact of vape and smoke retail signage, illuminated advertising or outlet clustering on historic streetscapes and town centres; and if he will make a statement on the matter. [40879/26]
View answerI propose to take Questions Nos. 380, 384, 385, 386, 387 and 388 together.
The National Planning Framework (2025) recognises the strong link between our health and environment and includes a National Policy Objective to support the objectives of public health policy, including Healthy Ireland, A Framework for Improved Health and Wellbeing 2013–2025 and the National Physical Activity Plan, through integrating such policies, where appropriate and at the applicable scale, with planning policy. This policy support at national level is also translated into policies at the regional and local levels through the Regional Spatial and Economic Strategies and city and county development plans.
The Retail Planning Guidelines were issued as Ministerial Guidelines under Section 28 of the Planning and Development Act 2000 in 2012. Section 28 of the Act provides that planning authorities and An Bord Pleanála (now An Coimisiún Pleanála) are required to have regard to the Guidelines in the performance of their functions.
The Guidelines recognise that the retail sector is a key component of the national economy and aims to ensure that the planning system continues to play its role in supporting competitiveness and choice in the sector, while also promoting the vitality and viability of city and town centres.
The Guidelines support a plan-led approach to the provision of new retail development. Under the Guidelines, retail strategies are to be prepared at regional and local levels, which project future retail needs and requirements aligned to the settlement hierarchy established by the National Planning Framework, Regional Spatial and Economic Strategies and City and County Development Plans. This process will identify the appropriate level, form and location of retail activity.
The aim of the retail strategies is to inform and develop proposed retail design policies and objectives and the retail planning guidelines advise that planning authorities may wish to address specific issues that affect the appearance or functioning of a town or city and its retail areas. This includes a signage/advertisement strategy. Each local authority is responsible for undertaking its own vitality and viability health check as part of their published strategy and this can include dealing with environmental issues such as litter, shopfront design and diversity of uses.
Part 3, Chapter 3 of the Planning and Development Act 2024, relating to National Planning Statements, commenced on October 2, 2025. Ministerial Guidelines will, over time, be reviewed and replaced, as appropriate, with National Planning Statements (NPSs). Having regard to the evolving nature of the retail industry and broader changes that are impacting on the role of city and town centres in recent years, it is envisaged that a review of the Retail Planning Guidelines will be included in the review programme. In the interest of clarity, the existing Retail Planning Guidelines will continue to have effect until such time as they are replaced by an NPS.
The local authority development plan is the principal planning policy tool to achieve the NPF objectives and the requirements of Ministerial Guidelines at a local level. The zoning of land for particular purposes, including retail development, is an exercise undertaken by planning authorities as part of their overall statutory plan function generally as part of a development plan. All current development plans across the country were adopted under the Planning and Development Act 2000. Part 3, Chapter 5 (Development Plans) of the Planning and Development Act 2024 commenced on 31st December 2025. Sections 44 to 51 of the Act of 2024 require planning authorities to include various strategies and objectives in preparing development plans made under the 2024 Act, including in relation to the sustainable development of their functional area. Section 45 of the Act requires local authorities to the promote sustainable economic development, including retail provision.
With regard to the specific categories of retail establishments and consideration within the process of granting planning permission, under the provisions of the Planning and Development Regulations 2001 (as amended) the definition of a 'shop' includes a structure used for the retail sale of goods. The Regulations do not specify what types of goods may or may not be sold within a shop.
