2140518

Permission for proposed development on site at Lee Garage, Model Farm Road, Cork. Proposed works: (1) Demolition of existing amenity shop forming part of existing filling station; (2) Change of use of part of existing car show room to new forecourt convenience shop ancillary to existing filling station, with internal alterations to provide the following areas: ancillary retail area (99.8m2) including off-licence use ancillary to the primary retail use, ancillary cafe deli food offer counter and food prep area, customer seating area, staff amenities, public amenities, manager office, ATM, fuel sale counter, food store and plant room; (3) Construction of proposed extension to front of existing building to accommodate new customer seating area; (4) Minor alterations to existing elevations; (5) New parking layout to include provision of E-car parking spaces, motorcycle parking spaces and bicycles parking area; (6) Construction of stand-alone bin storage outbuilding and stand-alone MV substation building; (7) Proposed alterations to existing forecourt canopy; (8) All associated site works.

Granted

Core Planning Reasoning

The Inspector recommended upholding Condition 2(a), which caps the total net retail area (including the delicatessen and seating area) at 100 sq.m. to ensure the retail element remains ancillary to the primary use as a fuel filling station and does not undermine the vitality of nearby designated local centres.

Decision Maker's Conclusion

  • The proposed café/deli and seating area form an integral part of the retail offer and must be included within the 100 sq.m. net retail floorspace cap set by national guidelines and the City Development Plan.
  • A café/deli of the scale proposed (exceeding the 100 sq.m. limit) would transition the site from an ancillary service to a primary destination, which is inappropriate for its residential zoning and competitive with established local centres.
  • Condition 2(a) is considered reasonable and necessary to ensure the development remains subordinate to the primary function of the site as a fuel filling station and motor sales garage.

Cited Policies (CDP)

ZO 01 (Sustainable Residential Neighbourhoods)Section 11.184 (Fuel filling stations)Section 11.185 (Cafes/restaurant)ZO 08 (Neighbourhood and Local Centres)Retail Planning Guidelines for Planning Authorities (2012)

Decision Document Summary

The applicant, Lee Garage Cork Limited, appealed a condition of planning permission that limited their new shop and café/deli development on Model Farm Road to 100 sq.m. net retail space. The proposal involved demolishing an existing shop and converting part of a car showroom into a retail unit with a seating area and off-licence. The applicant argued that the café and seating elements should be excluded from the 100 sq.m. retail cap mandated for petrol stations. However, the Inspector found tha...
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