D22A/0597

Retention permission for development at this site (A property within the ACA)

Granted

Core Planning Reasoning

The Inspector recommended refusal due to a lack of technical justification and specifications for the extraction system's scale and design, conflicting noise assessment data regarding tonal noise, and significant procedural irregularities concerning the identity of the applicant and the validity of the owner's letter of consent.

Decision Maker's Conclusion

  • The applicant failed to provide sufficient technical information or a clear rationale for the plant's scale and layout, creating an unacceptable risk of noise and odor nuisance to adjacent residential properties in a transitional zoning area.
  • The application contains significant inconsistencies regarding the legal identity of the applicant across the site notice, application form, and letter of consent, which precludes the Board from granting permission under the Planning and Development Regulations 2001.
  • The proposed development would be contrary to specific County Development Plan policies regarding noise pollution and the protection of residential amenities within Architectural Conservation Areas (ACAs).

Cited Policies (CDP)

Objective NCObjective ASection 12.9.2Section 12.9.3Section 12.6.5Section 11.4.2Policy Objective HER13Section 13.1.2Section 7.2.3.1 Policy Objective MFC1Section 7.5.4.1 Policy Objective RET7Section 10.4.1 Policy Objective EI14

Decision Document Summary

The application seeks retention of existing extraction mechanisms and the replacement of an extraction fan with a new system at Cinnamon Restaurant in Monkstown. The site is located in a Neighbourhood Centre (NC) zone but immediately abuts sensitive residential properties on Longford Terrace (Objective A zone) within an Architectural Conservation Area. While the Planning Authority originally granted permission, the Inspector overturned this following a third-party appeal. Key arguments centered ...
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