Core Refusal Reason
The applicant failed to demonstrate that the cantilevered structure would not contribute to flood risk in the River Camac or negatively impact the Regional Camac Flood Alleviation Study, rendering the proposal contrary to watercourse protection policies.
Decision Maker's Conclusion
- While the residential amenity impacts of the seating area could potentially be mitigated through strict management conditions and a temporary three-year permission, the technical flood risk concerns remain unresolved.
- The physical encroachment and oversailing of the River Camac require a detailed flood risk assessment and hydraulic modelling which were not provided by the applicant.
- The development is considered prejudicial to public health and contrary to the Dublin City Development Plan policies aimed at protecting the natural character and ecological value of city watercourses.
Cited Policies (CDP)
Policy CHC4Section 16.30Objective SIO26Section 11.1.5.4Policy GI15Policy GI16Zoning Objective Z1
Decision Document Summary
The proposal involves the installation of a 31 sq.m outdoor seating area at Murrays Public House, Kilmainham, which would be cantilevered over the River Camac. The site is located within a 'Conservation Area' and is subject to the 'Z1' residential zoning objective. Dublin City Council originally refused permission due to concerns regarding visual incongruity, noise disturbance to nearby apartments, and flood risk. The Inspector's assessment found that while the scale and management of the seatin...SOURCE PDFOpen Original
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View the appeal at An Bord Pleanála