Core Refusal Reason
The Inspector recommended granting permission, overturning the Planning Authority's refusal, on the basis that the applicant successfully demonstrated an established functional link to the local marine industry and that the restaurant use is compatible with the 'GE' zoning objective given the unique seaside context of Howth West Pier.
Decision Maker's Conclusion
- The appellant demonstrated a significant and long-standing physical and functional connection to the marine industry at Howth Harbour, operating a fleet of 19 trawlers and employing 100 people locally.
- The proposed restaurant is considered a compatible industry and general employment use that is ancillary to the wider harbor area and supports both the local working population and the tourist economy.
- The development is consistent with the zoning objectives of the Fingal Development Plan 2023-2029 and will not adversely affect the visual amenities or natural heritage designations of the area.
Cited Policies (CDP)
Objective GESection 13.1Section 13.5Section 14.15Section 7.5.1.4Policy CSP11Policy CSP22Objective EEO11Objective EEO41Objective EEO42Objective EEO45Section 14.4.5Objective DMSO8Objective DMSO12
Decision Document Summary
The proposal involves the change of use of an existing industrial unit at 16A West Pier, Howth Fishery Harbour, to a fish and chips restaurant. Fingal County Council originally refused permission, arguing the use did not serve the 'local working population only' as required by the GE zoning. In the appeal, the Inspector found that the applicant, O'Flaherty Brothers Ltd., is a major local fish supplier with deep ties to the harbor, thus satisfying the requirement for marine-related links. The Ins...SOURCE PDFOpen Original
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