Core Refusal Reason
The Planning Authority initially refused permission due to concerns that an off-license would exacerbate noise, litter, and anti-social behavior, thereby harming residential amenity; however, the Inspector recommended granting permission, finding the ancillary use consistent with zoning and manageable through conditions.
Decision Maker's Conclusion
- The proposed off-license is ancillary to the established convenience retail use and its scale (representing 9.4% of net floor area) is not considered excessive or disproportionate.
- Concerns regarding anti-social behavior, noise, and litter are acknowledged but are primarily matters for licensing laws and public order legislation rather than the planning code.
- The proposal complies with the ZO 8 zoning objective to protect and improve local facilities and will not lead to an over-proliferation of off-licenses in the immediate catchment area.
Cited Policies (CDP)
Paragraph 16.94 (Cork City Development Plan 2015-2021)Section 11.190 (Cork City Development Plan 2022-2028)Objective 7.31 (Neighbourhood and Local Centres)Objective 7.32 (Small Local Shops)Objective 8.23 (Architectural Conservation Areas)Section 8.35 (Development in ACAs)Land Use Zoning ZO 8 (Neighbourhood and Local Centres)
Decision Document Summary
The application relates to a 2.5-storey building at 60 College Road, Cork City, operating as a 'Daybreak' convenience store. The proposal sought to introduce a part off-license use within the existing shop. The site is located directly opposite University College Cork (UCC) and within an Architectural Conservation Area. Cork City Council originally refused permission based on the negative impact on residential amenity and the potential for increased anti-social behavior. On appeal, the applicant...SOURCE PDFOpen Original
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