Core Refusal Reason
The Inspector recommended granting permission, concluding that the minor 8 sq.m off-licence is a subordinate use to the established filling station, is 'open for consideration' under the RES zoning, and would not lead to overconcentration or negatively impact residential amenity.
Decision Maker's Conclusion
- The proposed off-licence is minor in scale (8 sq.m) and would be subordinate to the primary function of the site as a filling station with ancillary retail.
- The proposal does not lead to an overconcentration of off-licences in the area, as existing nearby facilities are subsidiary units within larger supermarkets rather than standalone outlets.
- Concerns regarding anti-social behaviour and the sale of alcohol to minors are not planning matters and are instead the remit of other statutory authorities.
Cited Policies (CDP)
Policy R1Objective 9Section 11.1.1 (ii)Policy R2Policy R6Retail Policy 11R11 Objective 1Section 11.3.6 (ii)
Decision Document Summary
Ard Services Ltd appealed a decision by South Dublin County Council to refuse permission for an 8 sq.m off-licence section within the existing 116 sq.m Circle K retail building in Kilnamanagh. The site is zoned 'RES' (residential), where such uses are 'open for consideration'. The Planning Authority initially refused the application due to concerns over anti-social behaviour and an overconcentration of such uses within 250m of a district centre. The Inspector countered this, noting that the deve...SOURCE PDFOpen Original
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