Core Planning Reasoning
The Inspector recommended granting permission and amending Condition 2 because the restriction on the use of the fire escape door was deemed operationally unenforceable and unreasonable, as it is a long-established access point necessary for the everyday running of the premises.
Decision Maker's Conclusion
- Condition 2 as originally drafted is not operationally enforceable or reasonable under the Development Management Guidelines 2007, as the premises has an established rear access to Victoria Lane.
- The fire escape door ('fire exit 4') constitutes a viable and necessary access point for operational contingencies and should not be restricted to emergency-only use.
- The restriction on the roller shutter doors should be maintained to ensure they are used for deliveries and servicing only, protecting nearby residential amenity from noise intrusion.
Cited Policies (CDP)
Zoning Objective Z4Section 15.14.12 (Night Clubs/Licenced Premises/Casinos/ Private Member Clubs)
Decision Document Summary
This first-party appeal concerns a retention application for one fire escape door and two roller shutter doors at the rear of Kennedy's Public House on Lower Drumcondra Road, which opens onto Victoria Lane. The Planning Authority granted permission but included Condition 2, which restricted the fire door to emergency use only and the shutters to deliveries only. The Inspector found that while the site is in a Z4 'Key Urban Village' zone and residential amenity must be protected, the restriction ...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.
PDF Document Missing
The original decision document for this case could not be linked. This often happens for older cases or those with restricted documentation.
Search for case on ABP