D22A/0526

Permission is sought for: the change of use of the retail ground floor and part

Refused

Core Refusal Reason

The proposed change of use from retail to restaurant would result in the loss of a significant quantum of permitted retail space (464sqm) in a Neighbourhood Centre, undermining the primary retail function of the area and adversely impacting residential amenity through noise and odour emissions.

Decision Maker's Conclusion

  • The loss of 464sqm of retail space would significantly reduce the effectiveness of Cabinteely Village as a retail destination and is contrary to the County Development Plan objective to maintain retail as the primary use in neighbourhood centres.
  • The positioning of ventilation and odour management equipment on the second-floor roof, in an area previously permitted as a residential roof garden, would result in unacceptable noise and odour levels that seriously injure the amenity of nearby residents.
  • The proposed rooftop plant would be visually obtrusive from the public realm and compromise the skyline/townscape, representing a material change in use of a permitted amenity area for which permission was not specifically sought.

Cited Policies (CDP)

Zoning Objective 'NC'Policy Objective PHP 4Policy Objective MFC 1Policy Objective RET 7Section 12.2 Climate ActionSection 12.3 NeighbourhoodSection 12.6.5 Fast Food Outlets / Takeaways / Restaurants

Decision Document Summary

This appeal relates to a proposal to change the use of a vacant 464sqm ground floor retail unit and part-basement at 3 Kilbogget Villas to a restaurant. The site is located within the Cabinteely Village Neighbourhood Centre, zoned 'NC'. While the applicant argued that the unit has been vacant since 2017 and that the restaurant would provide social benefits, the Inspector agreed with the Planning Authority that the scale of the retail loss would be detrimental to the long-term viability of the vi...
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