D22A/0269

Permission for alterations to previously approved permission D17A/0258. Retentio

Split decision

Core Reason for the Refused Part

The proposed change of use from a nightclub to a commercial leisure facility (recreational use) materially contravenes the 'Objective F' zoning objective to preserve and provide for open space, as the proposed indoor commercial activities do not constitute 'active recreational amenities' as defined by the County Development Plan.

Decision Maker's Conclusion

  • The retention of 10sqm of retail space (golf shop) and the continued sale/consumption of alcohol on the premises are acceptable as they are consistent with established uses and supportive of the racecourse's status under Specific Local Objective 49.
  • The proposed change of use to an indoor 'Commercial Leisure Facility' (comprising a restaurant, mini-golf, and electronic games) is not a use 'Permitted in Principle' or 'Open for Consideration' under the site's 'Objective F' (Open Space) zoning.
  • A grant of permission for the recreational use would materially contravene the zoning objectives of the Dun Laoghaire-Rathdown County Development Plan 2022-2028 and set an undesirable precedent for further non-conforming development on protected open space lands.

Cited Policies (CDP)

Objective F (Zoning)Specific Local Objective No. 49Chapter 13 (Land Use Zoning Objectives)Section 13.1.5 (Uses not Permitted/ Other Uses)Section 13.1.7 (Non-Conforming Uses)Table 13.1.9 (Zoning Objective F Table)Section 13.2 (Definitions of Use Classes)Section 6.4.2.13 (Commercial Leisure Facility Definition)Table 9.1 (Hierarchy of Public Open Spaces)

Decision Document Summary

The application seeks a split decision regarding the Pavilion Building at Leopardstown Racecourse. The proposal involves the retention of 10sqm of retail space, permission for the continued sale of alcohol on an existing terrace, and a change of use from a nightclub to a recreational facility (clarified as a restaurant, mini-golf, and electronic games) across Levels 02, 03, and 04. The site is zoned 'Objective F', which aims to preserve and provide for open space with ancillary active recreation...
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View the appeal at An Bord Pleanála