Pub is permitted to keep smoking area
AN Bord Pleanala has ruled in favour of a city centre pub which had applied to retain an outdoor seating and smoking area.
Kudos Restaurant Ltd had created the area to the side of its Swagman Bar and Restaurant at Wine Street.
An appeal against the decision to grant planning by the County Council was appealed by John McCrea and Nicolas Wilkinson of Riverstown.
The covered smoking area, access to which is through an archway or from the bar, consists of a timber frame with perspex translucent roofing material with no walls.
In their appeal, Mr McCrea and Ms Wilkinson claim a right of way is impeded, that acess to adjacent properties was obstructed and tht a right of way existed out of the adjacent Rogers and Lyons Shop.
It was also stated by Vincent Middleton of Strandhill that he had a right of way to his shoe repair shop nearby and that the ‘ beer garden’ was impacting on this.
In his assessment on behalf of the board, Tom Rabbette, senior planning inspector said that having regard to the zoning objective for the area and the pattern of development in the vicinity, it was considered that the smoking area would not seriously injure the amenities of the area or of the property in the vicinity, would not be prejudicial to public health nor would it adversely impact on the character or the setting of the protected structure known as ‘ Peter John’ premises.
The planning official said the primary concerns raised in the grounds of appeal and also in the submissions to the planning authority related to impact on access to the rear of properties, obstruction or encroachment of same. He said this was a civil matter pertaining to title to land and not an issue specifically to the proper planning and sustainable development of the area.