Core Refusal Reason
The proposed development would lead to an excessive concentration of takeaway units (50%) in a small neighborhood parade and is located within 150m of a secondary school, directly contravening Dublin City Development Plan policies aimed at protecting retail vitality and promoting healthy lifestyles near schools.
Decision Maker's Conclusion
- The proposed change of use would result in three out of six units in the parade being takeaways, representing a 50% concentration which is considered disproportionately high and detrimental to the diversity and vitality of the local retail area.
- The development is located approximately 133m to 150m from St. Michael's Holy Faith Secondary School, violating the 250m exclusion zone set out in Section 15.14.7.3 of the Development Plan.
- The Inspector refuted the appellant's claim regarding restricted student access to the site, noting during a site visit that a vehicular gate providing direct access from the school grounds was open and located less than 150m from the subject unit.
Cited Policies (CDP)
Policy RD9 (Dublin City Development Plan 2016-2022)Section 15.14.7.3 (Dublin City Development Plan 2022-2028)Section 14.7.4.4 (Zoning Objective Z4)Section 15.14.7.4 (Noise, Odour and Ventilation)Section 15.17.5 (Shopfront and Façade Design)Zoning Objective Z4
Decision Document Summary
This report concerns a First-Party Appeal by Goldline Foods Limited against Dublin City Council's decision to refuse permission for a change of use from a former 79 sq.m launderette to a takeaway at 6 The Green, Finglas. The proposal also included a small 3.3 sq.m rear extension and signage. The site is located in a Z4-zoned neighborhood parade. While the Planning Authority's initial reports acknowledged the challenge of vacancy, they ultimately refused permission based on proximity to a school....SOURCE PDFOpen Original
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