Core Refusal Reason
The proposal intensifies an unauthorised take-away use that breaches a previous planning condition and negatively impacts residential amenities in a Z1 zoned area.
Decision Maker's Conclusion
- The development would intensify an unauthorised take-away use currently operating in breach of condition 6 of planning permission DCC Reg Ref: 3852/06.
- The take-away use is considered unacceptable at this location as it would have an undue impact on the amenities of nearby residential properties zoned Z1.
- The proposal materially contravenes a planning condition and the land use objectives of the Dublin City Development Plan 2022-2028, making it contrary to proper planning and sustainable development.
Cited Policies (CDP)
Z1 Sustainable Residential NeighbourhoodsDublin City Development Plan 2022-2028
Decision Document Summary
The application sought retention permission for the change of use and sub-division of a premises at 5 Ardee Street, Dublin 8, from a cafe/restaurant to a take-away. The site is situated within a Z1 'Sustainable Residential Neighbourhoods' zone. Dublin City Council refused the application because the use represents an intensification of an unauthorised operation that violates a specific condition of a previous grant of permission. The planning authority determined that the take-away use is incomp...SOURCE PDFOpen Original
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