3365/23

PROTECTED STRUCTURE: Permission for proposed development as follows: (a) connect the existing ground floor bar at 79 Queen Street and existing restaurant/bar at 91/92 Benburb Street to include new shopfront and hatch and construction of a new single-storey 20sqm WC extension to the rear side (east) of 91/92 Benburb Street and to the rear (south) of 79 Queen Street; (b) replace existing flat roof to the rear (south) over existing ground floor restaurant/bar of 91/92 Benburb Street with corresponding minor change to rear side (west) elevation including new door; (c) change of use of existing commercial/office use at first and second floor level of 79 Queen Street to associated guest bedroom accommodation for the provision of a total of 8 en suite bedrooms (5 double bedrooms, 3 single bedroom). All to include associated works and services at 79 Queen Street, Dublin 7, D07 DW3R, a protected structure (RPS ref. 6884) and 91/92 Benburb Street, Dublin 7, D07 WFH3.

Refused

Core Refusal Reason

The Planning Authority refused the application on the grounds that the amalgamation of units would create a 'superpub' resulting in the loss of historic fabric (Policy BHA2), and that the upper-floor guest accommodation constituted short-term rental contrary to housing stock preservation (Section 15.14.3).

Decision Maker's Conclusion

  • The application is procedurally flawed because several elements (the 20sqm extension, shopfront, and internal connections) have already been constructed but were not sought as 'retention' in the public notices.
  • The amalgamation of the Protected Structure with adjacent buildings is acceptable in principle as it does not create a 'superpub' of excessive scale and is necessary for the commercial viability of the small floor area at No. 79.
  • The conversion of upper floors to tourist accommodation is appropriate for this specific 'tight urban site' as noise from the Luas and ground-floor bar makes it less suitable for permanent residential use.

Cited Policies (CDP)

Policy BHA2 (f) and (g)Section 15.14.12 (Licenced premises and super pubs)Section 15.14.3 (Short term tourist accommodation)Zoning Z5 (City Centre)Policy CEE26 (Tourism in Dublin)Policy CEE28 (Visitor Accommodation)Section 15.14.2 (Bed and breakfast)Section 15.14.7.2 (Restaurants and cafes)Section 15.17.5 (Shopfronts and signage)Appendix 6 (Conservation)Appendix 17 (Signage)

Decision Document Summary

This report concerns an appeal against Dublin City Council's refusal to allow the amalgamation of No. 79 Queen Street (a Protected Structure) with Nos. 91-92 Benburb Street and the conversion of upper floors to 8 guest bedrooms. The Planning Authority's refusal centered on the preservation of historic plots and the city's housing stock. The Inspector, however, argues that the proposed 'superpub' designation is unmerited given the modest total footprint of c. 390 sqm and that the tourist accommod...
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