3275/22

The development (site area of 0.07 hectares) will consist of the change of use and amalgamation of two units, Unit 5 and Unit 6 (otherwise known as Unit C and D), minor amendments, and erection of associated signage zones at ground floor level (south-western corner) of Block 2, which forms part of the permitted Charlemont Square development under DCC Reg. Ref. 3742/10 (ABP Ref. PL29S.238212), as subsequently amended by planning permissions Ref. 2286/12 (ABP Ref. PL240620), Ref. 4443/16, Ref. 4152/17, Ref. 4562/18 and Ref. 4707/18 and Ref. 2178/20. The development comprises: Amalgamation of Unit 5 and Unit 6 (otherwise known as Unit C and D). (GFA 360m2 and 156m2) to provide for a single unit; Change of use from permitted restaurant (360m2) and retail (156m2) to licensed premises with restaurant; Reconfiguration of internal layout to include a kitchen, staff area, and WC facilities, and provision of an outdoor seating area; and Erection of 6 no. illuminated signage zones including 4 no. affixed on the south-west elevation and 2 no. affixed on the west elevation at ground-floor level (total area c. 2.4m2).

Refused

Core Refusal Reason

The Inspector recommended granting permission, overturning the Planning Authority's refusal, on the grounds that the proposed development is compatible with the Z10 'Sustainable Mixed-Uses' zoning and that potential impacts on residential amenity can be mitigated through restricted operating hours and a comprehensive management plan.

Decision Maker's Conclusion

  • The proposed change of use to a licensed premises/restaurant is consistent with the Z10 zoning objective for inner-city sustainable mixed-use areas and will contribute to the animation and vitality of Charlemont Square.
  • The term 'superpub' used by the Planning Authority is not precisely defined in the Development Plan, and the scale of the proposed unit is significantly smaller than other precedents granted permission by the Board in the city center.
  • Revised proposals to restrict outdoor seating to 10:00pm, reduce opening hours, and implement a strict management plan ensure that the development will not seriously injure the residential amenities of the nearby apartments.

Cited Policies (CDP)

Z10 Zoning ObjectiveSection 16.29 (2016-2022 Plan)Section 16.32 (2016-2022 Plan)Policy CHCO28 (2016-2022 Plan)Section 7.5.7 (2022-2028 Plan)Policy CCUV35Policy CCUV36Section 9.5.8Objective SIO 23Objective SIO 24Section 15.14.12Section 12.5.3Section 12.5.4Section 15.14.7.2Section 15.17.4Section 15.14.7.3Section 15.14.7.4

Decision Document Summary

This report assesses a first-party appeal by Charlemont Regeneration Limited against Dublin City Council's refusal of permission to amalgamate a permitted restaurant and retail unit into a single 506sqm licensed premises with a restaurant (proposed operator: BrewDog). The site is located on the ground floor of Block 2 within the Charlemont Square Urban Regeneration Project. The Planning Authority originally refused permission due to concerns that the 'superpub' scale and external seating would g...
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