Core Refusal Reason
The Inspector recommended a grant of permission, overturning the Planning Authority's refusal, on the basis that the extended hours for the small-scale restaurant are compatible with the 2022-2028 Development Plan's Z1 zoning objectives for 'liveable communities' and would not significantly injure residential amenity if managed through conditions.
Decision Maker's Conclusion
- The material change in the intent of Z1 zoning in the 2022-2028 Plan now explicitly supports a range of local uses that enhance 'liveable communities,' making the restaurant's evening operation 'open for consideration' rather than strictly prohibited.
- Potential impacts on residential amenity are mitigated by the small scale of the premises (max 48 covers), the requirement to close the outdoor terrace at 8:00 pm, and a total ban on hot food takeaway to prevent delivery-related noise and traffic.
- A temporary three-year permission is recommended to allow the Planning Authority to reassess the actual impact of late-night activity on the neighborhood's character before granting a permanent extension of hours.
Cited Policies (CDP)
Dublin City Development Plan 2022-2028Zoning Objective Z1 (To protect, provide and improve residential amenities)Section 5.5.3 (Healthy Place making and the 15-minute City)Chapter 5 (Quality Housing and Sustainable Neighbourhoods)Chapter 15 (Development Standards)
Decision Document Summary
This report concerns an appeal at 31 Lennox Street, Portobello, a Protected Structure currently operating as 'The Lennox Café.' The applicant sought to extend opening hours from a 5:00 pm daily close to a 10:30 pm close from Wednesday to Saturday. Dublin City Council originally refused the application, citing detrimental impacts on the residential amenity of the Z1-zoned area. The Inspector's assessment highlights that while the area is primarily residential, the 2022-2028 Dublin City Developmen...SOURCE PDFOpen Original
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