Core Refusal Reason
The proposed takeaway use is fundamentally incompatible with the 'Existing Residential/Infill' zoning objective and lacks sufficient operational detail to ensure the protection of residential amenity and public health.
Decision Maker's Conclusion
- The takeaway use is a non-permissible use within the 'Existing Residential/Infill' zoning objective and would seriously injure the residential amenity of the surrounding area and nearby primary school.
- The application failed to provide adequate technical documentation regarding cooking methods, noise/vibration management, and odour ventilation, preventing a proper assessment of impacts on public health.
- The existing advertising signage is unauthorised, contravenes a condition of the parent planning permission (012105), and is visually discordant with the character of the host building.
Cited Policies (CDP)
Section 3.3 of the Celbridge Local Area Plan 2017-2023Table 13.4 of the Land Use Zoning Matrix (Celbridge LAP)Section 15.13.7 of the Kildare County Development Plan 2023-2029Section 15.14.3 of the Kildare County Development Plan 2023-2029Chapter 15 of the Kildare County Development Plan 2017-2023
Decision Document Summary
The applicant sought retention permission for the change of use of a 12.5 sqm section of an existing Gala retail unit at Aghards House, Celbridge, to a takeaway facility. The site is located in a predominantly residential area and is zoned 'Objective B – Existing Residential and Infill' under the Celbridge Local Area Plan. Kildare County Council refused the application because the use is not permissible under the current zoning, the submission lacked critical information regarding environmental ...SOURCE PDFOpen Original
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