3017/22

Planning permission at No. 8 Newmarket and No. 18 Mill Street, Dublin 8 (bounded by Mill Street to the South, Mill Lane to the East and Newmarket to the North). The proposed development comprises a change of use of the permitted ‘Market Space’ at ground floor level (pursuant to condition 4(a) of planning permission DCC Ref. 3321/17, as subsequently amended by DCC Ref. 3672/19 and DCC Ref. 3747/20) to provide a convenience retail unit at ground floor level (612 sqm gross floor area) to include a café/deli, and part off-licence with a dedicated floor area of 28 sqm. Permission is also sought to vary condition 4(d) of planning permission under DCC Ref. 3321/17 (as amended) to permit the shared use of the external courtyard space (146sqm) with the permitted artist studios to provide outside seating and dining space ancillary to the proposed retail convenience unit. In addition, permission is sought for the shared use of permitted office waste storage room at basement level. All works required to facilitate the proposed change of use comprise of internal alterations and will not result in any external alterations to the permitted development.

Refused

Core Refusal Reason

The applicant failed to demonstrate that the permitted use of the ground floor as a market space is unrealisable, and the proposed change of use would materially contravene Condition 4 of the parent permission and fail to uphold Policy CEE18 of the Development Plan.

Decision Maker's Conclusion

  • The opportunities for establishing an indoor market on the site, particularly non-food formats, have not been fully explored or exhausted by the applicant.
  • The potential for synergies between a market use and the permitted artists' studios via the shared courtyard has not been adequately recognised or facilitated in the current proposal.
  • Overturning Condition 4 of the parent permission at this stage would be premature and would undermine the long-term planning objective to maintain a market tradition in Newmarket.

Cited Policies (CDP)

Policy CEE18Policy CEE18(v)Zoning Z10SDRA 16Policies CHC28 & 31Section 15.1.19Section 7.8 (LAP)Section 13.17 (dCDP 2022-2028)

Decision Document Summary

This report concerns an appeal against Dublin City Council's refusal to allow a change of use at 'The Eight Building', Newmarket, Dublin 8. The applicant sought to replace a permitted 612 sqm 'Market Space' with a convenience retail unit (intended for a Centra operator), including a café/deli and off-license. The site context is defined by the ongoing regeneration of the Newmarket area, which historically hosted the Green Door and Dublin Flea markets. The applicant argued that the permitted mark...
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