23427

change of use of shop by reason of use of premises for the operation of a fast food takeaway and by reason of extended opening hours; erection of signage; material change of use of lands by reason of the use of the external area to the front of the shop for outdoor seating

Refused

Core Refusal Reason

The proposed development is incompatible with the 'Existing Residential' zoning objective and would negatively impact residential amenity through noise, disturbance, and odors, while undermining the established retail hierarchy.

Decision Maker's Conclusion

  • The use of the unit as a fast food takeaway with extended opening hours is materially different from a local corner shop and is incompatible with the 'Existing Residential' zoning objective.
  • The operation would seriously injure the residential amenities of the area by reason of noise, disturbance, foul odours, and littering.
  • The proposal would undermine the 'corner shop' function of the existing unit and contravene the County Retail Strategy regarding the appropriate scale and nature of retail development.

Cited Policies (CDP)

CPO 10.14CPO 10.13CPO 10.24CPO 10.6Bray MD Local Area Plan 2018 Zoning RE

Decision Document Summary

This application sought retention permission for the change of use of a 44sqm local corner shop at The Green Tree, Herbert Road, Bray, to a fast food takeaway with extended opening hours, outdoor seating, and signage. The site is located within an area zoned 'Existing Residential' in the Bray Municipal District Local Area Plan. Wicklow County Council refused the application because the takeaway use and late-night operation were deemed incompatible with the residential character of the area, like...
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