22796

for: Change of use of enclosed external rear bar service yard to a smoking area/beer garden; Indefinite retention of lean-to enclosures in external rear yard; Indefinite retention of bar servery (which will be enclosed in the proposed rear extension); Indefinite retention of boundary fence, gates and planters along existing car park frontage onto Maudlin Street; Permission for: An extension of the existing bar premises into part of the smoking area/beer garden with bar server to be retained: Erection of sound reducing panels over the existing southeast wall of the rear yard and car park; Painting of front, side and gable elevations of the licensed premises; Removal of existing sign over side entrance door onto Maudlin Street and erection of a new sign and associated downlighters; and All associated works. The property is a Protected Structure (RPS ref: B101)

Refused

Core Refusal Reason

The proposed development would lead to an intensification of use that fails to adequately mitigate noise impacts on nearby residential properties, thereby significantly harming residential amenity.

Decision Maker's Conclusion

  • The proposed noise mitigation measures, including the retractable roof and acoustic screening, are deemed inadequate to protect noise-sensitive residential receptors from the disturbances caused by the bar and DJ sets.
  • The development facilitates an intensification of use that would likely exacerbate existing noise issues and increase the risk of anti-social behavior in the immediate vicinity.
  • The proposal would negatively impact the residential amenity and property values of the area, making it contrary to the proper planning and sustainable development of the locality.

Cited Policies (CDP)

Decision Document Summary

Revolvic Limited sought permission and retention for various developments at Brogan's Bar, 61 John Street Lower, Kilkenny, including the conversion of a rear service yard into a smoking area/beer garden and an extension of the bar premises. The site is a Protected Structure located within an Architectural Conservation Area. Kilkenny County Council refused the application primarily due to concerns over noise pollution and residential amenity. The planning authority concluded that the proposed mit...
SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.
Planning application 22796, Kilkenny County Council | Precedent.ie