4346/24

Planning permission at No. 8 Newmarket and No. 18 Mill Street, Dublin 8 (bounded by Mill Street to the South, Mill Lane to the East and Newmarket to the North). The proposed development comprises a change of use of the permitted Market Space at ground floor level (pursuant to condition 4(a) of planning permission DCC Ref. 3321/17, as subsequently amended by DCC Ref. 3672/19 and DCC Ref. 3747/20) to provide a convenience retail unit (512 sqm gross floor area) to include a café/deli, and part off-licence (28 sq.m) and an integrated exhibition / artist market space with a dedicated floor area of 100 sq.m. Permission is also sought to vary condition 4(d) of planning permission under DCC Ref. 3321/17 (as amended) to permit the shared use of the external courtyard space (146sqm) with the permitted artist studios to provide outside seating and dining space ancillary to the proposed retail convenience unit and integrated exhibition / artist market space. In addition, permission is sought for the shared use of permitted office waste storage room at basement level. All works required to facilitate the proposed change of use comprise of internal alterations and will not result in any external alterations to the permitted development.

Refused

Core Refusal Reason

The proposed change of use would undermine the guiding principles of Strategic Development Regeneration Area (SDRA) 15 by replacing a permitted indoor market space—a key community and cultural element intended to add vibrancy and reinforce the unique character of Newmarket—with a generic convenience retail unit.

Decision Maker's Conclusion

  • The maintenance of the permitted indoor market use is a specific requirement under SDRA 15 policy to protect and promote community and cultural uses at Newmarket Square.
  • The applicant has failed to demonstrate a meaningful change in circumstances or planning policy since the Board's previous refusal in August 2023 for a substantially similar development on the site.
  • While the proposed retail use is permissible in principle under Z10 zoning, it is considered generic and fails to complement the adjoining artist studios or contribute to the strategic vibrancy of the area in the same manner as the permitted market.

Cited Policies (CDP)

Z10 Zoning Objective (Inner Suburban and Inner City Sustainable Mixed-Uses)Policy CCUV33 (Support for Markets)SDRA 15 (Liberties and Newmarket Square)Section 13.17 (SDRA 15 Guiding Principles)Chapter 2 (Core Strategy)Section 6.5.6 (Key Economic Sectors)Section 7.5.6 (Food and Beverage Sector / Markets)Section 15.14.7 (Retail / Retail Services and Food and Beverage)Section 15.14.8 (Off Licences)Appendix 2 (Retail Strategy)

Decision Document Summary

The application by Patrizia Eight Building Ltd sought to convert a 512sqm ground-floor area in the 'Eight Building' from a permitted indoor market hall to a convenience retail unit (including a café, deli, and off-licence) with a 100sqm integrated exhibition space. The site is located in Newmarket Square, Dublin 8, within SDRA 15, which focuses on regenerating the area's historical identity as a market destination. Dublin City Council refused permission, citing a material contravention of Policy...
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