Core Refusal Reason
The proposed part off-licence use is not permissible in principle or open for consideration under the site's Z1 (Sustainable Residential Neighbourhoods) zoning objective, and therefore materially contravenes the Dublin City Development Plan 2016-2022.
Decision Maker's Conclusion
- The proposed development is not a permissible use within the Z1 zoning objective, which aims to protect, provide, and improve residential amenities.
- There is no compelling case or established need for an additional off-licence in the area, given that 11 such facilities already exist within a 1km radius.
- The development does not satisfy the criteria set out in Section 37(2)(b) of the Planning Act to justify granting permission for a project that materially contravenes the development plan.
Cited Policies (CDP)
Appendix 21Z1 Zoning ObjectiveSection 14.4Policy RD5Section 16.28
Decision Document Summary
The applicant sought permission for a 2.9 sq m part off-licence area within the existing 67 sq m Xtramart retail unit at No. 1 St. David's Terrace, Dublin 7. The site is located in an inner suburban residential area. Dublin City Council initially refused permission as off-licences are not permitted under the Z1 zoning objective. The Inspector noted that while the proposal met several technical standards for off-licences (such as size and rear placement), the use is strictly excluded from Z1 land...SOURCE PDFOpen Original
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