WEB6035/25

(i) Change of use of existing single-storey garden room (12sqm) and ancillary garden shed (10sqm) within the rear garden of No. 5 New Ireland Road, Rialto, Dublin 8, D08 X7FY, to takeaway café use for the sale of hot and cold beverages, and baked goods; and (ii) all other ancillary works necessary to facilitate the development.

Refused

Core Refusal Reason

The proposed commercial use is incompatible with the Z1 residential zoning, posing a threat to local amenity through noise, disturbance, and hazardous servicing arrangements.

Decision Maker's Conclusion

  • The development would result in an incongruous form of commercial activity in a residential zone, causing noise and general disturbance that undermines the Z1 zoning objective.
  • The applicant failed to demonstrate adequate servicing and refuse collection, which would lead to haphazard activity and traffic hazards for pedestrians, cyclists, and road users.
  • Granting permission would set an undesirable precedent for similar commercial developments in residential areas, contrary to the proper planning and sustainable development of the city.

Cited Policies (CDP)

Z1Section 15.14.7.2Policy SMT18Appendix 5, Section 2.4

Decision Document Summary

The proposal sought a change of use for a 12sqm garden room at the rear of 5 New Ireland Road, Rialto, to a commercial use (specifically a restaurant/cafe). Located in a residential area zoned Z1, the application was refused because the intensification of commercial activity would seriously injure the residential amenities of the vicinity through noise and disturbance. Additionally, the site lacked sufficient provision for servicing and waste collection, creating potential traffic hazards and ob...
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