4139/24
PROTECTED STRUCTURE : Permission for the development at 3 Bachelors Way, Dublin, DO1 W298 and The Bachelor Inn (a Protected Structure RPS Ref. 327), 31 Bachelors Walk, Dublin, DO1 FA48. The proposed development is for a bar and 22-bed hotel in lieu of previously permitted bar and 28-bed hotel (in recently expired approved application Ref 3577/18). The works will consist of: (a) the subdivision of the 2 upper floors of the existing 'Smallmans Warehouse' into hotel bedrooms, as previously permitted; (b) the conversion of the 2 upper floors to 'The Bachelor Inn' (Protected Structure) from function rooms to hotel rooms, as previously permitted; (c) the conversion of the existing first floor of the middle portion of the property from licensed premises to hotel accommodation, as previously permitted; (d) the construction of an additional 2nd floor to the existing 2 storey middle portion of the property for hotel accommodation, as previously permitted; (e) relocation of the toilets to the basement, as previously permitted; (f) alterations to the shop-front including alterations to the ground floor windows and the reinstatement of the corner entrance to improve, the entrance from Bachelors Walk, as previously permitted; (g) the new proposal for the conversion of the ground floor of existing Smallmans Warehouse' into dining facilities, reception and kitchen facilities.
Core Planning Reasoning
The Inspector recommended that permission be granted with amended financial contribution conditions. The primary reason for the amendments was that the Planning Authority incorrectly applied levies to the entire building area rather than just the additional 75sq.m extension, failing to account for exemptions for commercial-to-commercial change of use and the specific provisions for Protected Structures.
Decision Maker's Conclusion
- Condition no. 2 should be amended from €157,382.20 to €8,895 because the Section 48 scheme exempts change of use from one commercial use to another, meaning only the 75sq.m extension is leviable.
- Condition no. 3 should be amended to refer to the Luas Cross City scheme instead of the Luas C1 scheme, as the site falls outside the C1 catchment area.
- The Section 49 contribution should be reduced to €1,425, reflecting the applicable rate for the 75sq.m extension and the 50% reduction granted for minor extensions to Protected Structures.
Cited Policies (CDP)
Decision Document Summary
The proposal involves the development of a bar and 22-bed hotel at 3 Bachelors Way and 31 Bachelors Walk (The Bachelor Inn, a Protected Structure) in Dublin. This is a first-party appeal specifically against conditions requiring financial contributions under Sections 48 and 49 of the Planning and Development Act. The site is located in a sensitive urban context within the O'Connell Street ACA. The Inspector's assessment focused on the misapplication of development contribution schemes. Key argum...PDF Document Missing
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