22300

for (1) retention permission for the demolition of a single-storey toilet extension, a single-storey outhouse structure, and an external staircase, in addition to construction of a single-storey toilet extension, the reconfiguration of an existing single-storey outhouse to include reroofing and conversion to a bar structure, new external covered seating, replacement of boundary timber gates, and all associated site and development works to the rear of Lenehans Public House (Protected Structure RPS B14, NIAH Ref: 12004012), 2. Planning permission for hand-painted signage on upper portion of timber boundary gates (9.5m2). All works to take place

Refused

Core Refusal Reason

The development facilitates an unauthorized intensification of use as a beer garden and smoking area, causing significant noise nuisance to neighboring residents and negatively impacting the architectural integrity of a Protected Structure.

Decision Maker's Conclusion

  • The retention of the works consolidates and reinforces the unauthorized use of the rear yard as a beer garden, leading to an intensification of use contrary to the proper planning and sustainable development of the area.
  • The intensification of the outdoor area results in significant noise and disturbance, which injures the residential amenities of adjoining and proximate residential units.
  • The works have negatively impacted the historic fabric of the Protected Structure (RPS B14), specifically through the loss of the original timber paneling door and damage to the arched carriageway.

Cited Policies (CDP)

Decision Document Summary

Lenehans Bar Limited sought retention permission for the demolition and reconstruction of a toilet extension, the conversion of an outhouse into a bar, and the addition of external covered seating at 10 Barrack Street, Kilkenny, a site containing a Protected Structure. The proposal was refused by Kilkenny County Council due to the intensification of the premises' use as a beer garden, which creates a significant noise nuisance for residents in the adjacent apartment complexes. Furthermore, the c...
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