F24A/0340E

change of use of the existing retail unit at ground floor and lower gr

Granted

Core Planning Reasoning

The proposal was refused primarily because the internal noise-control partition wall would create an expanse of 'dead frontage' onto River Mall, undermining visual amenity and passive surveillance, and because insufficient detail was provided to ensure that the intensity of the gaming use would not negatively impact the residential amenity of adjoining apartments through noise and disturbance.

Decision Maker's Conclusion

  • The installation of a full-height internal stud partition wall behind the shopfront glazing would create approximately 12 meters of non-interactive dead frontage, failing to provide the active frontage and passive surveillance required by the Fingal Development Plan.
  • There is a significant lack of detail regarding the internal layout, quantum, and specific nature of the gaming equipment, making the submitted noise impact assessments insufficient to prove the use would not be detrimental to adjacent residential units.
  • The development would undermine the 'Swords Liveable Laneways Strategy' and set an undesirable precedent for similar non-retail developments that fail to contribute positively to the streetscape and residential character of the area.

Cited Policies (CDP)

Objective MC (Major Town Centre)Policy CSP30 (Swords as a Vibrant Key Town)Objective CSO37 (High Quality Services)Objective CSO38 (Swords Main Street)Objective CSO39 (Sustainable Swords Project)Objective EEO91 (Level 2 Centres)Objective EEO92 (Retail Offer and Function)Objective EEO103 (Vacant Floor Space)Objective EEO104 (Non-Retail Uses)Objective EEO105 (Over-Supply of Specific Uses)Objective DMSO6 (Change of Use in Urban and Village Centres)Section 14.2.4 (Safety & Security)Section 14.4.5 (Shopfront Design)Objective DMSO9 (Prevent Use of Film/Screening in Shopfront Windows)Section 4.20.17 (Noise)

Decision Document Summary

The applicant sought a change of use for a 169sq.m vacant retail unit (formerly The Book Haven) at Glebeview House, Swords, to be used as 'leisure virtual-reality gaming rooms'. The site is located on River Mall, a laneway earmarked for rejuvenation under the 'Sustainable Swords' project, and sits directly below/beside residential apartments. While Fingal County Council initially granted permission, the Inspector recommended refusal following a third-party appeal. The Inspector's primary argumen...
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