2460170
retention of change of use from a retail shop (comparison goods) to an outlet for the sale of hot food (pizza primarily but also including kebabs), as well as cold non-alcoholic drinks and desserts from 7am to 11 pm seven days per week and the retention of home delivery services from 7am to 11.30pm from Sunday through to Thursday, inclusive and from 7am to 1.30am on Friday and Saturday. This development amends condition 4 of the original planning permission for this building (under Meath County Council ref. DA40425), which states that the retail units which were permitted at that time shall not be used as a fried fish shop or a shop for the sale of hot food for consumption off the premises
Core Refusal Reason
The applicant failed to provide sufficient justification or mitigation measures for extended late-night opening hours, which would result in a detrimental impact on the residential amenity of overhead and adjacent properties.
Decision Maker's Conclusion
- The proposed extension of operating hours lacks adequate justification and fails to address the potential for noise and general disturbance to residents in the overhead apartments.
- The development would seriously injure the residential amenity of the area and depreciate the value of adjacent properties by introducing late-night activity into a residential context.
- Granting permission would set an undesirable precedent for similar future developments and would be contrary to the proper planning and sustainable development of the area.