Core Planning Reasoning
The development is deficient in providing a guaranteed and proper method of extract ventilation as the proposed flue requires attachment to a third-party property (No. 5 Church Street) without the owner's consent, which would result in significant detrimental impacts on the amenities of adjoining residential and commercial properties.
Decision Maker's Conclusion
- The proposed change of use to a takeaway and café is acceptable in principle under the 'TC - Town and District Centre' zoning and does not conflict with policies regarding the over-concentration of fast-food outlets.
- The visual impact of the proposal, including the non-illuminated signage, is considered compatible with the character of the Architectural Conservation Area (ACA) and adjacent protected structures.
- The failure to secure legal interest or consent to mount the necessary extraction equipment on the gable of the adjoining property renders the proposal technically unfeasible and injurious to the residential amenities of the immediate area.
Cited Policies (CDP)
Objective ED53Objective ED54Objective DMS106Objective DMS107Objective DMS108Fingal Development Plan 2017-2023
Decision Document Summary
The application relates to a change of use from a retail unit to a 70sqm takeaway and café at Unit 4, Church Street, Skerries. While Fingal County Council initially granted permission, the decision was appealed by four third parties citing impacts on residential amenity, traffic, and public health. The Inspector determined that while the use is generally appropriate for a town centre location and meets zoning objectives, a critical technical failure exists. The proposed odour extraction system r...SOURCE PDFOpen Original
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