4940/22

RETENTION: The development consists of retention of (i) covered outdoor seating area located in the car park to the rear (ii) a separate steel container incorporating a bar; and (iii) all associated ancillary site works.

Refused

Core Refusal Reason

The retention of the covered outdoor seating area and bar is refused due to its unacceptably close proximity to established residential suburban development, which would cause serious injury to residential amenities through noise nuisance and general disturbance, setting an undesirable precedent for similar development in a transitional zone.

Decision Maker's Conclusion

  • The applicant has failed to overcome the previous refusal reasons for the same development (Reg. Ref. WEB1454/22), with no changes made to address the undue negative impacts on residential amenities.
  • The proximity of the outdoor bar and seating area to the rear of residential dwellings creates an unacceptable likelihood of noise breakout that would profoundly affect the quality of life for local residents.
  • The development is inconsistent with the Dublin City Development Plan 2022-2028 policies regarding noise pollution and the protection of environmentally sensitive zones abutting residential areas.

Cited Policies (CDP)

Section 14.6 (Transitional Zone Areas)Section 14.7 (Transitional Zone Areas - 2016 Plan)Section 9.5.8 (Noise Pollution)Section 15.14.12 (Licence Premises)Policy CCUV30 (Cafes / Restaurants)Policy CCUV32 (Outdoor Dining)Policy CCUV35 (Night Time Economy)Objective Z3 (Neighbourhood Centre)Section 16.30 (Street Furniture)Objective SIO26

Decision Document Summary

The application seeks the retention of a 37.6sqm covered outdoor seating area and a 16.2sqm steel container bar located in the rear car park of 'The Willows' pub in Finglas. While the site is zoned Z3 (Neighbourhood Centre), it is bounded on three sides by Z1 residential zoning. The Inspector highlights significant third-party objections regarding late-night noise, anti-social behavior, and 'sleepless nights' for neighbors on Oakwood and Cedarwood Avenue. Although the applicant suggested a condi...
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