2342146

Permission for development at Circle K Murphy's Service Station, Vicars Road, Togher, Cork, T12TX6Y. The proposed development will consist of revisions to the internal ground floor of the service station shop building resulting in a net retail floor area of 88.2 sqm and a change of use from retail use to a retail use including the sale of alcohol for consumption off the premises (ie., off-licence use) within the overall shop unit, where the floor area for the off-licence use is 14.1sqm and is ancillary to the primary retail use and all associated site and development works.

Refused

Core Refusal Reason

The proposed retail development exceeds floorspace thresholds for filling stations, is not considered ancillary to the primary use, and materially contravenes a previous planning condition.

Decision Maker's Conclusion

  • The shop unit is not considered ancillary to the principal use as a fuel filling station and exceeds the recommended maximum size of 100sqm net retail floorspace.
  • The site is located within the catchment of existing and proposed Local/Neighbourhood Centres, and the proposed scale would be contrary to the proper planning and sustainable development of the area.
  • The development would materially contravene condition no. 2 of planning reference TP 08/32918, which specifically limited the convenience retail unit to a maximum of 100sqm.

Cited Policies (CDP)

Section 11.184Paragraph 11.190Cork City Development Plan 2022 – 2028Retail Planning Guidelines for Planning Authorities (DoECLG, 2012)

Decision Document Summary

The applicant, Noel Murphy, sought permission for internal revisions and a change of use to include an off-licence at the Circle K Murphy's Service Station on Vicars Road, Togher, Cork. Cork City Council refused the application primarily because the retail floorspace was deemed non-ancillary to the filling station use and exceeded the 100sqm limit defined in the Cork City Development Plan 2022-2028 and national guidelines. Additionally, the proposal was found to be in direct conflict with a prev...
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