3817/22
Planning permission for the development consists of the change of use from takeaway to cafe/restaurant for the sale of hot and cold food on and off the premises, the construction of a single storey side and rear extension at ground floor level, alterations to the existing roof including the insertion of roof lights, internal changes, signage and all ancillary site development works .
Core Refusal Reason
The proposed café/restaurant use is considered unacceptable within a Z1 residential area as it would result in an undue and negative impact on the residential amenities of neighbouring properties, contrary to the Dublin City Development Plan 2022-2028 objective to protect and improve residential amenities.
Decision Maker's Conclusion
- The application failed to include a required engineering statement to address noise, ventilation, and odour, which is a mandatory requirement under Section 15.14.7.4 of the Development Plan for this type of use.
- The location of the premises within a constricted residential enclave and its reliance on a narrow residential laneway for servicing makes it unsuitable for a café/restaurant use which would be detrimental to local residents.
- The introduction of the proposed use would materially contravene the primary land use objective of the Z1 zoning, which is to protect the residential character and amenity of the area.
Cited Policies (CDP)
Decision Document Summary
The applicant sought permission to change the use of 45 Old Kilmainham from a takeaway to a café/restaurant, along with constructing a ground-floor extension. The site is located in a predominantly residential area zoned 'Z1' and features a narrow rear access via Carrickfoyle Terrace. While the applicant argued that the takeaway use was longstanding since the 1970s, the Inspector noted that the property had been used for unauthorized residential purposes in recent years and that the previous pla...PDF Document Missing
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