214517
The demolition of the existing Lidl Licenced Discount Foodstore (1,768 sq. m gross floor space with 1,334 sq. m Net Retail Sales Area) and the construction of a new single level mono-pitched Licenced discount foodstore with ancillary infrastructure and associated site development works (all totalling 2,129 sq. m gross floor space and ranging in height equivalent from 1 to 2 storeys), at this site of approximately 1.089 hectares. Development will consist of a retail sales area with ancillary off-license use and bakery (total net retail sales area of 1,424 sq. m) entrance pod, public facilities (incl. lobby and toilets), staff facilities (incl. welfare lobbies, toilets cloak/change rooms, staff canteen and meeting room), operational office, IT room, plant room, delivery area and storage (incl. cold storage); rooftop photovoltaic solar panel array totalling 984 sq. m; corporate signage consisting of 2 no. building mounted corporate internally illuminated signs, 3 no. wall mounted externally illuminated poster panel display boards, 1 no. externally illuminated poster display board and 1 no. free standing internally illuminated flag pole sign at entrance; 1 no. trolley bay covered structure with 8 no. bicycle parking spaces (63.02 sq. m covered floor area) and 120 no. surface car parking space (6 no. disabled, 10 no. parent and child, 2 no. EV charging, and 102 no. regular). Primary vehicular and pedestrian access to the proposed new licenced discount foodstore development will be maintained via the existing enhanced vehicular and pedestrian entrance onto the Fermoy Road; Secondary pedestrian access will be provided via a new dedicated pedestrian entrance onto the Fermoy Road; and Boundary treatments, retaining walls, hard and soft landscaping, services (including 1 no. below ground attenuation tank) and all other ancillary and associated site development works above and below ground level.
Core Planning Reasoning
The Inspector recommended that the Planning Authority be directed to amend Condition 4 (opening hours) and omit Conditions 18 and 19 (road and footpath repair) on the basis that the restricted hours were anti-competitive and unnecessary, while the repair conditions were vague and represented a risk of double payment already covered by General Development Contributions.
Decision Maker's Conclusion
- Condition 4 should be amended to extend the closing time from 21:30 to 22:00 on Mondays to Saturdays to ensure consistency with existing shopping patterns and maintain competition with other major retailers in Mitchelstown.
- Condition 18 and Condition 19 should be omitted as they are insufficiently precise, unenforceable, and risk a 'double payment' scenario because road and footpath infrastructure is already funded via the Section 48 Development Contribution Scheme.
- The proposed redevelopment is compatible with the residential amenities of the area and traffic safety, and the recommended changes to the conditions accord with the proper planning and sustainable development of the area.