Core Refusal Reason
While the Planning Authority initially refused permission due to concerns over pedestrian obstruction and visual impact on a Protected Structure, the Inspector recommended a grant of permission, concluding that the tables are located on private land and, subject to size restrictions and storage after hours, do not negatively affect public safety or the historic character of the area.
Decision Maker's Conclusion
- The tables are located entirely on private land and, with a required 500mm setback from the public footpath, provide sufficient room for patrons without obstructing pedestrian flow at the busy junction.
- The visual impact is considered minimal as the tables are sited under an existing approved awning and read as part of the modernised shopfront rather than as separate entities impacting the Protected Structure.
- The retention of the tables supports the vitality of the city and complies with development plan policies regarding outdoor dining, provided they are stored indoors outside of business hours.
Cited Policies (CDP)
Policy SMT11Policy BHA2Policy BHA9Section 5.2.5 (CCUV32)Section 15.14Section 15.14.7.2Section 15.17.4
Decision Document Summary
This report concerns an appeal against Dublin City Council's decision to refuse retention permission for four high dining tables at 'Bambino Pizza', 18 Merrion Street Upper, a Protected Structure. The site is located at a prominent corner junction with high pedestrian volumes and street furniture. The Planning Authority's refusal was based on the potential for pedestrian congestion and adverse visual impacts on the historic streetscape and Conservation Area. The Inspector's assessment found that...SOURCE PDFOpen Original
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