Core Planning Reasoning
The Inspector recommended granting retention permission for a temporary period of two years because the development is of a modest scale, compatible with the residential zoning objective and transitional character of the site, and does not seriously injure the visual or residential amenities of the area.
Decision Maker's Conclusion
- The temporary retention of the coffee kiosk is consistent with the land use zoning objectives and will not adversely affect the commercial environment of the nearby shopping centre.
- Matters relating to lease contracts and ownership are civil issues that fall outside the Board's statutory power to adjudicate under the Planning and Development Act.
- The development is acceptable subject to conditions governing waste management, cycle parking provision, noise limits, and the reinstatement of the site after two years.
Cited Policies (CDP)
Zoning Objective A (Residential)Zoning Objective NC (Neighbourhood Centre)Section 8.3.2 (Transitional Zonal Areas)Section 8.3.4 (Open for Consideration Uses)DLRCC Standards for Cycle Parking (2018)
Decision Document Summary
The proposal involves the temporary retention of a 11sq.m single-storey timber takeaway coffee kiosk and signage at the Church of the Ascension of Our Lord, Dublin 16. The site is located in a residential area (Zoned A) but acts as a transitional zone near a Neighbourhood Centre (Zoned NC). The Inspector found that the kiosk provides passive surveillance for a lane previously prone to anti-social behavior and serves as a community hub. While a third-party appellant raised concerns about the appl...SOURCE PDFOpen Original
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