2511/21

The development will consist of a change of use from permitted retail use to retail use including the sale of alcohol for consumption off the premises (i.e. off licence use) within the overall permitted retail unit where the floor area for the off licence use is 6sqm and is ancillary to the primary retail use.

Granted

Core Planning Reasoning

The Inspector recommended granting permission because the proposed ancillary off-licence is a permissible use under the Z4 zoning, complies with size and location standards set out in the City Development Plan, and will not lead to an over-concentration of such uses or adversely impact residential amenities.

Decision Maker's Conclusion

  • The principle of the development is acceptable as the site is zoned Z4 (District Centre) where an off-licence is a 'permissible use' subject to normal planning considerations.
  • The proposed 6 sq m off-licence area is subsidiary to the primary retail use (representing approximately 5% of floor space), is located unobtrusively at the rear of the unit, and does not exceed the 10% threshold stipulated in Section 16.28 of the CDP.
  • There is no evidence of a proliferation of off-licences in the immediate 1km vicinity, and concerns regarding anti-social behavior are considered a matter for other authorities and are mitigated by the small scale of the proposal and lack of on-site public seating.

Cited Policies (CDP)

Appendix 21Zoning Z4General Retail Policy RD5Section 16.28

Decision Document Summary

The application seeks a change of use for a 121.7 sq m Circle K retail unit at Donaghmede Shopping Centre to include an ancillary off-licence of 6 sq m. The site is situated in a District Centre (Zoning Z4) and is bounded by residential roads, a shopping centre car park, and a McDonald's restaurant. A third-party appeal was lodged by the Donaghmede Estate Residents Association citing concerns over anti-social behavior and the proliferation of alcohol outlets. The Inspector's assessment found tha...
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