Core Planning Reasoning
The use of the land for open storage constitutes a material change of use and 'works' that define development; there is insufficient documentary evidence to establish a continuous pre-1963 use, and the proposal does not fall under any statutory exemption classes.
Decision Maker's Conclusion
- A lack of evidence exists to support the claim that the site was in continuous use for open storage prior to 1st October 1964, and aerial photography from 1996-2006 indicates that any prior commercial use had been abandoned.
- The use of land for open storage constitutes a material change of use and the placement of structures represents 'works,' both of which meet the definition of development under Section 3 of the Planning and Development Act 2000.
- The development does not fall within any exempted development class listed in Schedule 2 of the Regulations and would otherwise be de-exempted under Article 9(1)(iii) due to the creation of a traffic hazard on a busy slip road.
Cited Policies (CDP)
Objective EE - South Dublin County Development Plan 2022-2028Objective ET3 - South Dublin County Development Plan 2016-2022Objective 5 - South Dublin County Development Plan 2016-2022
Decision Document Summary
This Section 5 referral concerns the legality of restoring 'open storage' commercial use at a site in Clondalkin, which the applicant claims is a pre-1963 established use. The site is located on a service road adjacent to the N7 and has been subject to previous refusals for retention of self-storage containers. The Inspector's assessment focused on whether the use was truly established before 1964 and if it had been abandoned. Analysis of aerial imagery from 1996, 2001, and 2006 revealed the sit...SOURCE PDFOpen Original
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