D21A/0866

Retention permission for development. The development consists of:

Split decision

Core Reason for the Refused Part

The primary reason for refusing elements of the development was the failure to provide a commensurate flood risk assessment for works located within Flood Zones A and B, which could potentially obstruct flow paths and increase the risk of flooding in the Dundrum Slang area.

Decision Maker's Conclusion

  • The principle of the development is considered acceptable in terms of land use zoning, and the elements at the front of the site (outside Flood Zones A and B) do not adversely impact residential amenity or the character of the area.
  • A significant portion of the site is located within high-risk Flood Zones A and B associated with the Dundrum Slang; in the absence of a site-specific flood risk assessment, it cannot be determined if the structures would obstruct flood flow paths.
  • The Inspector recommended a split decision: granting retention for front-of-house seating, the kiosk, and the pergola, while refusing the rear outdoor dining, shipping containers, and garden centre due to flood risk and potential noise impacts from elevated seating.

Cited Policies (CDP)

Objective MTC (Major Town Centre)Objective A (Residential)Section 13.1.2 (Transitional Zone Areas)Section 12.6.5 (Fast Food/Takeaways)Section 10.7 (Flood Risk Policy)Appendix 15 (Strategic Flood Risk Assessment)Section 5.2.1 (Minor Development)Section 5.2.2 (Less vulnerable development in Flood Zone A or B)Section 5.3.9 (2016-2022 Development Plan)

Decision Document Summary

The application seeks retention permission for a wide range of developments at 'Uncle Toms Cabin', a public house on Dundrum Road. The works include the change of use of car parking areas to outdoor seating, the erection of pergolas, the installation of two modified shipping containers for food preparation, a cafe kiosk, and a garden centre with an office. The site is topographically challenging, falling steeply toward the Dundrum Slang river to the west, placing the rear sections of the site wi...
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Planning application D21A/0866, Dun Laoghaire Rathdown County Council | Precedent.ie