Core Planning Reasoning
The proposal for a part off-licence is considered ancillary to an existing retail use and is consistent with the Z5 zoning objective and Policy RD5 of the Dublin City Development Plan, provided it is restricted in scale and excludes unauthorized projecting signage within the Architectural Conservation Area.
Decision Maker's Conclusion
- The proposed development is acceptable in principle as it is ancillary to a specialist retail unit and does not result in an overconcentration of off-licences in the area.
- Condition 2, which imposed a temporary three-year permission, should be omitted as there is no reasonable planning basis or clear explanation for its inclusion.
- Projecting signage must be excluded from the permission to protect the character of the Capel Street Architectural Conservation Area (ACA) and the visual amenities of the streetscape.
Cited Policies (CDP)
Section 14.8.5 (Z5 city centre zone)Section 16.2.8 (Off-licences and part of licences)Section 8.2.6 (Capel Street ACA signage)Policy RD5 (Prohibition of further expansion of off-licences)Dublin City Development Plan 2016 – 2022
Decision Document Summary
The application relates to a 16.5 m² off-licence area within an existing 195.9 m² specialist Eastern European grocery store located at 38 Capel Street, Dublin 1. The Planning Authority initially granted permission subject to several conditions, including a temporary three-year limit and the removal of a projecting sign. This prompted a First Party appeal against the temporary condition and a Third Party appeal against the grant of permission due to concerns over street drinking and antisocial be...SOURCE PDFOpen Original
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