D22A/0312

Planning retention is being sought for 1) the conversion/change of use of the gr

Refused

Core Refusal Reason

The Inspector recommended granting permission (reversing the Planning Authority's refusal), concluding that the conversion of the long-term vacant retail unit (14+ years) to residential is acceptable in principle under the 'NC' zoning and that flood risks associated with the change of use can be managed via condition.

Decision Maker's Conclusion

  • The change of use is acceptable given the unit's documented vacancy since 2009, which justifies the application of discretion regarding active street frontage requirements in this specific Neighbourhood Centre.
  • While the site is in Flood Zone A and B, the proposal is considered 'minor development' involving no new built footprint, meaning risks can be pragmatically mitigated through a required Site Specific Flood Risk Assessment (SSFRA).
  • The ancillary structures, including the bin store, timber fence, and wall for electrical meters, are considered innocuous in appearance and provide necessary functional utilities without injuring the visual amenities of the area.

Cited Policies (CDP)

Policy Objective RET7 (Neighbourhood Centres)Policy Objective RET11 (Active Street Frontages Non-Retail Uses)Policy Objective EI22 (Flood Risk Management)Appendix 15 (Strategic Flood Risk Assessment)Section 4.3 (Homes)PHP42 (Building Design and Height)Table 7.2 of the Development Plan

Decision Document Summary

This report pertains to a first-party appeal for the retention of a residential conversion and associated site works at 7 Bray Road, Loughlinstown. The Planning Authority initially refused permission on three grounds: conflict with 'NC' zoning objectives for active frontages, placement within a high-risk flood zone, and negative visual impact. The Inspector's assessment finds that the small parade of shops has been largely superseded by the nearby Cherrywood development and that the subject unit...
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View the appeal at An Bord Pleanála