Core Refusal Reason
The Inspector recommended a GRANT of retention permission, reversing the Planning Authority's refusal, on the basis that the use is permitted in principle under the 'LC' zoning and potential impacts on child health and residential amenity can be mitigated through restrictive conditions on opening hours and the removal of certain signage.
Decision Maker's Conclusion
- The change of use to a fast-food takeaway is explicitly permitted in principle under the 'LC - Local Centre' zoning and does not constitute an over-concentration of such uses within the Castle Mill Shopping Centre.
- Concerns regarding the health of school-going children (Objective DMSO97) can be addressed by conditioning the unit to remain closed during peak school arrival and departure times (specifically before 3:30pm).
- Visual and residential amenity impacts caused by the unauthorized illuminated fascia signage and window decals are considered injurious and should be resolved by conditions requiring their total removal.
Cited Policies (CDP)
Fingal Development Plan 2023-2029Section 13.5 (Zoning Objective LC - Local Centre)Objective EEO95 (Retail Hierarchy)Objective EEO104 (Non-Retail Uses)Objective EEO105 (Prevent Over-Supply of Specific Uses/Outlets)Section 14.15.4.2 (Fast Food/Takeaway Outlets)Objective DMSO96 (Cumulative effect and operational details)Objective DMSO97 (Location of Fast Food Outlets near schools)Section 14.2.4 (Safety and Security)Section 14.4.5 (Shopfront Design)Objective DMSO9 (Film/Screening in Shopfront Windows)Objective DMSO10 (Corporate Logos, Lighting, Design and Colour)Objective DMSO12 (Evaluation of Signage Proposals)Objective DMSO109 (Bicycle Parking)
Decision Document Summary
The application seeks retention permission for the change of use of a 184sq.m commercial unit from retail/café use to a pizza takeaway at Castle Mill Shopping Centre, Balbriggan. The Planning Authority (Fingal County Council) had refused permission due to the site's proximity to a national school, potential proliferation of takeaways, and the poor quality of signage. The Inspector noted the site's 'Local Centre' zoning, which supports a mix of community and commercial facilities. While acknowled...SOURCE PDFOpen Original
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