WEB1508/24

Change of use from a retail shop or as a restaurant to an outlet for the sale of hot food (burgers and hot dogs) for consumption off the premises from 12:00pm. to 11pm. seven days per week. This development breaches condition 7 of the An Bord Pleanala planning permission under appeal Ref. No. PL29S.110301 (Dublin City Council Reg. 2773/98) which stated 'Ground floor units shall be used as shops or as a restaurant which shall not be used as a take-away or for the sale of hot food for consumption off the premises' and this present proposal seeks to alter that original consent so as to allow No. 5A Crown Alley, to be used as a hot food take away outlet. The application also includes the erection of a name sign on the front elevation of this building.

Refused

Core Refusal Reason

Overconcentration of takeaway uses in the Temple Bar cultural quarter, conflicting with Z5 zoning and specific cultural objectives aimed at maintaining a diversity of uses.

Decision Maker's Conclusion

  • The provision of an additional takeaway would negatively impact and erode the variety and diversity of uses within the designated Temple Bar cultural and artistic quarter.
  • The proposal fails to accord with Z5 zoning objectives and specific policies (CU7 and CUO18) aimed at preventing the overconcentration of food outlets for off-site consumption.
  • Granting permission would materially contravene the 2022-2028 Dublin City Development Plan, set an undesirable precedent, and depreciate property values in the vicinity.

Cited Policies (CDP)

Z5 zoningObjective CU7Objective CUO182022-2028 Dublin City Council Development Plan

Decision Document Summary

The proposal sought a change of use from a retail shop or restaurant to a takeaway outlet at 5A Crown Alley, located within the Temple Bar cultural quarter of Dublin 2. Dublin City Council refused the application on the grounds that the area already contains a significant quantum of fast-food premises. The planning authority determined that the proposal would undermine the Z5 zoning objective to maintain a mix of uses and would specifically violate Objectives CU7 and CUO18, which seek to protect...
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