2461495

for a) change of use of off licence to take away/restaurant (Planning ref No. 03/4373 refers). b) Retention of change of use of part of approved Public House to takeaway/restaurant. c) Retention of single storey rear extension. d) Retention of external extract duct on rear elevation. e) Permission for new toilets and signage to front of building. Gross floor space of works to be retained: 11 sqm

Refused

Core Refusal Reason

The application was refused due to a lack of legal interest in the lands for the external duct, negative visual impact on the Architectural Conservation Area, and potential injury to residential amenity from noise and odour.

Decision Maker's Conclusion

  • The applicant failed to demonstrate sufficient legal interest or landowner consent for the external extract duct located outside the planning unit.
  • The proposed design, specifically the shopfront and signage, is considered out of character and would materially conflict with the preservation of the Architectural Conservation Area of An Spidéal.
  • Insufficient information was provided regarding operational impacts, such as noise and odour, which would be seriously injurious to the residential amenities of adjacent dwellings.

Cited Policies (CDP)

Policy Objective SS6Policy Objective SSGV 1Policy Objective SGV 3Policy Objective AH 4DM Standard 60DM Standard 36Policy Objective FL1Policy Objective NHB 2Policy Objective NHB 3Policy Objective WR 1Policy Objective FL 2Policy Objective FL 3Policy Objective WW 4Policy Objective WW 7Policy Objective WW 11

Decision Document Summary

Cali Food Ltd sought retention and permission for a takeaway/restaurant development at a site on Main Street, An Spidéal, located within an Architectural Conservation Area and zoned 'Village Centre'. The proposal included the retention of a change of use, a rear extension, and an external extract duct, alongside new signage. Galway County Council refused the application because the applicant lacked legal consent for the ductwork, the design was deemed unsympathetic to the village's character and...
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