2560031

change of use of an existing fish shop unit (Formerly known as “The Fishman”) to a restaurant. This unit will be amalgamated into the existing adjacent restaurant. The works will include minor alterations to elevation/shopfronts and plans of both the existing fish shop and restaurant. Works will also include the reconfiguration of the existing external seating area to allow for a more accessible entrance to the premises

Refused

Core Refusal Reason

The proposed development fails to resolve the unauthorized status of the existing external seating area and would create significant risks to traffic and pedestrian safety by obstructing the public footpath and narrowing the road carriageway.

Decision Maker's Conclusion

  • The development would lead to the consolidation of unauthorized development as the existing external seating area is currently the subject of planning enforcement proceedings (UD5540) and lacks a valid Section 254 license.
  • The proposed reconfiguration of the seating area and footpath would result in the narrowing of the road carriageway and the loss of on-street parking, representing an unacceptable traffic hazard.
  • The proposed layout fails to provide a continuous, accessible public footpath across the front of the premises, creating a significant safety risk for pedestrians, particularly those with disabilities or impairments.

Cited Policies (CDP)

TC1TC2TC3MU1MU2MU3MU4MU5RC1RC2RC3WT 4PR1PR3PR4PR5CPO 5.3CPO 5.8CPO 10.1CPO 10.2CPO 10.8CPO 10.9CPO 10.11CPO 10.17CPO 10.18CPO 10.19

Decision Document Summary

The proposal seeks the change of use of a vacant retail unit ('The Fishman') to a restaurant and its amalgamation with the adjacent 'Blue Seafood and Bistro' at South Quay, Wicklow Town. While the change of use is acceptable in principle under the 'Town Centre' zoning, the application was refused due to its failure to address the unauthorized status of the existing external decking. The development as proposed would obstruct the public footpath and encroach upon the road carriageway, leading to ...
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