Planning Act may limit number of vape shops in Mayo towns
Ballina councillors informed by Department of Housing that planning regulations can be used to control number of vape shops
North Mayo councillors were informed that they may have the power to limit the number of vape shops in town by introducing an area of Special Planning Control.
The over-concentration of vape shops in Ballina was raised at the September monthly meeting of the Ballina Municipal District where councillors expressed concern that they were powerless to stop them because they do not need planning permission to open them.
A motion was passed at the meeting requesting that the council write to the Planning Regulator and Minister for Housing calling for planning regulations to be imposed on vape shops, similar to betting shops, ensuring that the concentration of shops in town centres is limited and controlled.
In correspondence to members of the Ballina Municipal District from Margaret Kelly, the Private Secretary to John Cummins, the Minister of State at the Department of Planning, she confirmed that moving from one type of retail shop to another type of retail shop use does not constitute a material change of use and does not require planning permission.
However, she added that under the Planning and Development Act 2000, a local authority may prepare a scheme setting out development objectives for the preservation and enhancement of that area if it considers that all or part of an architectural conservation area is of special importance to the civic life or the architectural, historical, cultural or social character of a city or town.
She pointed out that two such schemes were set up in respect of Grafton Street and O'Connell Street in Dublin and a similar approach may be taken by local authorities.
“While this approach may be applied in some circumstances elsewhere, it is noted that the O’Connell Street scheme was introduced in 2001 and inter alia, sought to address a particular then recently established use.
“The upcoming commencement of Part 4 of the Planning and Development Act 2024 will allow for a similar approach to be taken by planning authorities under section 335 of the 2024 Act,” she said in correspondence.
Section 335 allows a planning authority to dictate the promotion of an appropriate mix of uses for structures, as well as the explicit control of any new or existing uses of structures or land within the designated area.
Ms Kelly also added that the Department of Health are also actively pursuing restrictions on the availability and sale of vapes and the Public Health (Tobacco Products and Nicotine Inhaling Products) (Amendment) Bill 2026 'represents a significant expansion of Ireland's tobacco and nicotine regulatory framework'.
“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,” she stated.