Core Refusal Reason
The development materially contravenes the 'GE' (General Employment) zoning objective of the Fingal County Development Plan 2023-2029, as the retail scale exceeds the 150sqm limit for local convenience and undermines the established retail hierarchy.
Decision Maker's Conclusion
- The retail unit's floor area of 448sqm significantly exceeds the 150sqm threshold permitted under the GE zoning objective, which is intended only to serve the immediate working population of the industrial estate.
- The use does not qualify as a permissible extension of a non-conforming use under Section 13.3 of the Development Plan because it lacks a history of valid planning permissions and has been the subject of multiple previous refusals.
- Granting retention would set an undesirable precedent that would undermine the function of nearby designated Local and Major Town Centres and lead to the displacement of industrial and employment-related uses.
Cited Policies (CDP)
Zoning Objective GE (General Employment)Section 13.3 (Non-conforming uses)Objective ZO3Section 7.5.5 (Retail Hierarchy)Policy EEP32Objective EEO104 (Off-licence supply)Section 13.2 (Transitional Zonal Areas)Table 2.19 (Framework Plans)
Decision Document Summary
The application sought the retention of an existing 448sqm convenience retail unit ('Moldova Shop') and permission for a 20.6sqm off-licence at Coolmine Industrial Estate, Dublin 15. The site is zoned 'GE' (General Employment), where retail is strictly limited to units under 150sqm to serve local workers. The Planning Authority refused the application, citing a material contravention of the zoning objective. The Inspector's report highlights that the shop serves a broad residential catchment rat...SOURCE PDFOpen Original
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