Core Refusal Reason
The proposed development would lead to a significant intensification of use of the outdoor area, resulting in unacceptable noise impacts that would seriously injure the residential amenities and depreciate the value of nearby properties.
Decision Maker's Conclusion
- The existing uncovered outdoor area is currently limited to seasonal and intermittent use, primarily for smoking, which restricts the duration and intensity of noise levels for surrounding residents.
- The installation of a permanent covered pergola would facilitate year-round, high-intensity use 7 days a week, fundamentally changing the nature of the activity from its current state.
- Given the immediate proximity of residential dwellings at Collins Court, the predicted intensification of use would cause significant noise disturbance that cannot be adequately mitigated by the proposed structure.
Cited Policies (CDP)
Section 12.9.3 Noise, Odour and Vibration Generating UsesDC zoning objective
Decision Document Summary
This report concerns a first-party appeal against the refusal of permission for a 70.15sqm covered pergola at 'The Blackrock' bar/restaurant (formerly Three Tun Tavern). The proposal aims to provide an all-weather external dining area at the rear of the premises. While the site is located within a 'District Centre' zoning under the Dún Laoghaire Rathdown County Development Plan 2022-2028, it immediately abuts sensitive residential cottages at Collins Court. The Inspector noted that the current o...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