5371/22
The development will consist of the enclosure of an outdoor smoking area/yard (c. 32 sqm) linking the main bar to the rear bar of the public house with removal of the existing roof structure and retractable canopy and replacement with a pitched roof including roof lights. The area is proposed to be incorporated within the overall internal bar floor space of the premises.
Core Refusal Reason
The Inspector recommended granting permission, reversing the Planning Authority's refusal, on the basis that the small-scale extension is consistent with Z4 zoning and the established use, and would not injure the amenities of nearby residential properties.
Decision Maker's Conclusion
- The 32m2 extension is small relative to the size of the existing public house and is consistent with the Z4 'mixed service facilities' zoning objective.
- The enclosure of the yard is positioned away from the boundaries of residential properties, ensuring that the development will not result in a serious injury to the amenities of the area.
- There is no statutory requirement for licensed premises to provide a smoking area, and concerns regarding potential enforcement issues in the adjacent Victoria Lane are not sufficient grounds for refusal.
Cited Policies (CDP)
Decision Document Summary
The proposal involves enclosing an existing 32m2 smoking yard at Kennedy's Public House, Lower Drumcondra Road, with a partially pitched roof to create internal seating. Dublin City Council initially refused permission, citing concerns that the loss of the smoking area would lead to overdevelopment and push patrons into Victoria Lane, potentially causing disturbance to residents on Hollybank Road. The Inspector disagreed, noting that the site's Z4 zoning supports the use and that the development...PDF Document Missing
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