SD24A/0147W

The development consists of the retention of a single story pavilion structure (floor area 203 sq.m) and will consist of two proposed acoustic lobbies (floor area 11.6 sq.m) at the rear of the existing premises. The use of the pavilion structure is ancillary to the existing bar and restaurant use on the site. Permanent permission is being sought for the pavilion structure.

Refused

Core Refusal Reason

The Inspector recommends granting permission (overturning the local authority's refusal) because the structure is visually unobtrusive from the public realm, subservient to the Protected Structure, and potential noise impacts on residential amenity can be mitigated by restricting the use to a beer garden with an 11pm curfew.

Decision Maker's Conclusion

  • The pavilion structure is visually acceptable and does not detract from the character of the Architectural Conservation Area or the Protected Structure, as it is located at the rear and is not visible from Orchard Lane.
  • The current construction of the pavilion is not suitable for containing noise from a music venue or nightclub, which is the primary cause of existing residential complaints and noise nuisance.
  • Retention permission is appropriate provided the use is strictly limited to an ancillary beer garden only, with operating hours restricted to an 11pm closing time to protect nearby residential amenities.

Cited Policies (CDP)

South Dublin County Development Plan 2022-2028Zoning Objective VCSection 12.3.8Policy NCBH20Policy NCBH20 Objective 8Policy NCBH23Policy IE8 Objective 5

Decision Document Summary

This report pertains to a first-party appeal against South Dublin County Council's decision to refuse retention permission for a 203 sq.m steel-framed pavilion structure at the rear of The Blacklion Public House, Clondalkin. The site is a Protected Structure within an Architectural Conservation Area (ACA). The Planning Authority's refusal was based on heritage impacts and the lack of a Visual Impact Assessment. However, the Inspector notes that the appellant subsequently provided a Heritage Impa...
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