Core Planning Reasoning
The development causes significant noise nuisance and serious injury to the residential amenities of nearby properties due to its lightweight construction, proximity to sensitive receptors, and lack of adequate sound attenuation or noise mitigation measures.
Decision Maker's Conclusion
- The lightweight construction materials (timber, plasterboard, and corrugated sheeting) of the enclosed seating area provide insufficient sound attenuation compared to permanent structures.
- The presence of a stage for live music and the lack of an acoustic lobby at the entrance/exit nearest to the appellants' property leads to unrestricted noise breakout.
- The planning authority's conditions regarding operating hours are inconsistent with the venue's actual hours of operation, rendering such conditions difficult to enforce and ineffective at protecting local amenity.
Cited Policies (CDP)
Donegal County Development Plan 2018 – 2024Town Centre Zoning Objective: Sustain and strengthen town centresLayer 2A town designation
Decision Document Summary
This report assesses a third-party appeal against the grant of retention permission for a 248.5 sqm enclosed seating area and bar at McCafferty's Bar, Dungloe. The site is a town-centre location bordering residential properties and the Dungloe River. While the Inspector notes that the use is generally appropriate for the zoning, the assessment focuses heavily on 'dis-amenity' caused to neighboring holiday and residential accommodation. Key arguments include the intensification of use (40% increa...SOURCE PDFOpen Original
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