3141/22
PERMISSION & RETENTION: The development will consist of: (A) The provision of 5 new container storage units i. 2 new double stacked container storage units to be located at the south east facing elevation of Block A. ii. 2 new double stacked container to be located on the north west facing elevation of Block B. iii. 1 new single stacked container to be located in front of the hard stand area to the west of Block B. (B) The Retention of 15 container storage units. i. 8 new double stacked container storage units located at the east & south east facing elevations of Block A. ii. 4 new single stacked containers located on the hard stand area to the east of Block A. iii. 3 new single stacked containers located on hard stand area to the south of Block B. Also to include all associated site works necessary to facilitate the development.
Core Refusal Reason
The development would have a serious negative impact on the residential amenities of adjoining dwellings at McKelvey Avenue due to noise and disturbance from loading, unloading, and traffic movements, and it would materially contravene conditions of a previous permission intended to protect these amenities.
Decision Maker's Conclusion
- The proximity of the storage containers and associated heavy vehicle movements to the residential boundary results in unacceptable noise impacts that seriously injure the amenity of neighboring properties.
- The development represents a material contravention of previous planning conditions (Reg. Ref. 3238/82) which mandated that the eastern portion of the site be maintained as a grassed buffer to protect residential residents.
- Proposed mitigation measures, including a 2.4m acoustic fence and container repositioning, are insufficient to offset the impacts, particularly in the absence of a technical noise assessment.
Cited Policies (CDP)
Decision Document Summary
This report concerns an appeal against Dublin City Council's decision to refuse permission and retention permission for a total of 20 storage container units (5 new, 15 retained) at Noyeks Newmans, North Road, Finglas. The site is zoned Z6 for employment but shares a sensitive eastern boundary with the McKelvey Avenue residential estate (Z1 zoning). Historically, this boundary was required to be a grassed buffer under a 1982 permission. The Inspector found that the applicant has since replaced t...PDF Document Missing
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