3310/21

The development will consist of alterations to opening hours of the premises permitted under Condition No.2 of previously granted permission (Ref: 4297/16) from between 11.00 hours and 23:00 hours daily to opening hours between 12:00pm to 12:00am Monday to Thursday inclusive and between 12:00pm to 1:00am Friday to Sunday inclusive.

Refused

Core Refusal Reason

The proposed extension of opening hours would result in excessive late-night noise, general disturbance, and litter, which would seriously injure the residential amenities of the occupants living above and in the immediate vicinity of the site.

Decision Maker's Conclusion

  • Despite the Z4 mixed-use zoning, the subject site is located in an area that is almost exclusively residential with apartments situated directly above the commercial unit.
  • The extension of hours into the late night and early morning would undoubtedly result in noise disturbance for local residents, contrary to the requirements of Section 16.25 of the development plan.
  • The protection of the well-being and amenities of the existing residential community must take precedence over the applicant's arguments regarding competitive disadvantage or parity with other local businesses.

Cited Policies (CDP)

Section 16.25 (Takeaways)Z4 zoning objectiveDublin City Development Plan 2016 – 2022

Decision Document Summary

This report evaluates a first-party appeal by Vladimir Percuin against Dublin City Council's decision to refuse permission for extended opening hours at a takeaway in Unit 2, The Goulding, Santry Cross, Ballymun. Currently restricted to 11pm daily closing, the applicant proposed extending hours to midnight (Monday-Thursday) and 1am (Friday-Sunday). The site is located on the ground floor of a five-storey apartment block. While the applicant argued that the refusal placed the business at a compet...
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