Core Refusal Reason
The development would seriously injure the residential amenity of adjoining properties due to unacceptable noise levels and create a significant traffic hazard resulting from the physical severance of the outdoor dining area from the main premises by a public road.
Decision Maker's Conclusion
- The predicted noise levels from the outdoor seating area would significantly exceed acceptable evening limits and background levels, representing a significant adverse impact on the residential amenity of No. 4 Coliemore Road that cannot be adequately mitigated by the proposed sound barrier.
- The applicant's proposal to reduce patron capacity after 19:00 hours as a noise mitigation measure is considered impractical and unenforceable as a planning condition.
- The location of the dining area, being physically severed from the host 'Club Bar' by Coliemore Road, necessitates frequent and haphazard pedestrian crossings by staff and patrons, creating an unacceptable risk to public safety and a traffic hazard.
Cited Policies (CDP)
Section 8.2.3 (2016-2022 Plan)Section 13.1.2 (2022-2028 Plan)Objective NCObjective APolicy PHP20Policy PHP37Objective E23Objective RET7Objective HER13Objective HER3Section 12.4Section 12.6Section 12.6.5Section 12.9Section 12.9.3Policy AR12
Decision Document Summary
The application seeks retention permission for the change of use of part of a car park to an outdoor dining area (c. 50sqm) with a canopy structure at The Club Bar, Dalkey. The site is split into two parcels separated by Coliemore Road, with the subject area located in a 'Transitional Zonal Area' between a Neighbourhood Centre and residential zoning. While the use is ancillary to the existing pub/restaurant, the Inspector found that the noise generated by up to 48 patrons would be detrimental to...SOURCE PDFOpen Original
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