3146/21
The development will consist of: Use of a semi-sheltered outdoor seating area constructed of a demountable timber frame structure with a low pitched roof and 4no. toilets, all of which are located within the carpark to east of the public house, on a permanent basis. These elements of the existing site were previously granted a temporary (9 month) permission, under Reg. Ref. 3592/20. It is also proposed to provide a new timber frame lean to roof over 4 no. toilets.
Core Refusal Reason
The development would seriously injure the residential amenities of properties in the vicinity through noise, litter, and odour nuisance, and is contrary to the Z1 zoning objective and development standards for licensed premises.
Decision Maker's Conclusion
- The applicant failed to provide or implement a noise, litter, and odour mitigation scheme, which was a requirement of a previous temporary permission and is essential for protecting residential amenity.
- The semi-open nature of the seating area and its proximity to residential boundaries mean that noise and general disturbance cannot be adequately contained.
- The permanent retention of the outdoor structures represents an intensification of use that is incompatible with the primary Z1 zoning objective to protect and improve residential amenities.
Cited Policies (CDP)
Decision Document Summary
The proposal involves the permanent retention of a 61sq.m semi-sheltered outdoor seating area and four toilets located in the eastern car park of Harry Byrne's Public House, Clontarf. The site is located in a predominantly residential area zoned Z1. The Inspector notes that while these elements were previously granted a 9-month temporary permission during the pandemic, the transition to a permanent arrangement requires strict adherence to residential protection. The Inspector's key arguments foc...PDF Document Missing
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