[Oireachtas] Dáil Éireann debate. Question 1841 – Local Authorities [vape shops] [62143/26]. (07 Sep 2026)
External website: https://www.oireachtas.ie/en/debates/question/2026...
1841. Deputy Emer Currie asked the Minister for Housing, Local Government and Heritage if he will consider introducing measures to give local authorities greater powers to influence the type and concentration of businesses operating on town and city centre main streets, if he will examine recent measures proposed in the United Kingdom to give local communities greater control over the proliferation of businesses such as vape shops, betting shops and other retail uses that may undermine the diversity and vitality of town and city streets; and if he will make a statement on the matter. [62143/26]
James Browne, Minister for Housing, Local Government and Heritage: The Retail Planning Guidelines (RPGs) issued in 2012 as Ministerial Guidelines under Section 28 of the Planning and Development Act 2000 (as amended) provide the national policy framework for retail development in Ireland, guiding planning authorities in supporting sustainable retail growth, maintaining the vitality and viability of city and town centres, and ensuring that retail provision is aligned with broader spatial planning objectives and settlement strategies. Section 28 of the Act of 2000 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.
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 the Retail Planning Guidelines will be subject to review and may be replaced by an NPS. In the interest of clarity, the existing RPGs will continue to have effect until such time as they are revoked or replaced by an NPS.
The RPGs 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. 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 shopfront design and diversity of uses.
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 new 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 assessing planning applications, 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. Moving from a retail shop (Class 1) to a betting office (Class 2) crosses different use classes however, and would constitute a material change of use requiring planning permission.
Restrictions on the availability and sale of vapes are also being actively pursued by the Minister for Health. The Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023 introduced a suite of measures to address the rise in youth vaping. These measures include prohibiting the sale of nicotine inhaling products to persons under the age of 18, banning self-service vending machines, and imposing further restrictions on the advertising of nicotine inhaling products on public transport, in cinemas, and in the vicinity of schools.
The Public Health (Tobacco Products and Nicotine Inhaling Products) (Amendment) Bill 2026 represents a significant expansion of Ireland's tobacco and nicotine regulatory framework. The Bill primarily targets vapes (nicotine inhaling products) and nicotine pouches (nicotine consumption products), introducing controls broadly comparable to those already applicable to tobacco products. Among its key provisions are requirements for plain packaging of vapes and refill containers, restrictions on the use of flavour descriptors for vape products and measures requiring most vape products to be kept out of public view within retail premises. The Bill also proposes further restrictions on the advertising, display and promotion of these products, reflecting a broader public health objective of reducing their visibility and appeal, particularly among young people. The Bill is currently before Seanad Éireann.
MA-ML Social science, culture and community > Risk by type of society and culture > Urban society / city
MM-MO Crime and law > Substance use laws > Tobacco / nicotine laws
VA Geographic area > Europe > Ireland
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