COMHAIRLE CHONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF COUNTY COUNCIL
Monday, December 11, 2006
QUESTION NO 25
QUESTION: Councillor K. Warren
To ask the Manager what the policy is of South Dublin County Council in respect of allowing public houses to be built in close proximity to new apartments and right beside a residential area, if he would recognise that high density apartment dwellings may be adversely affected in terms of noise pollution etc. from the presence of such pubs or bars, and if he will make a statement on the matter?
REPLY
It is the policy of the Council as set out in the South Dublin County Council Development Plan 2004 -2010 at Section 5.3.8 that “proposed commercial developments in town and district centres would incorporate retail, residential, employment, entertainment/cultural and civic uses within the design, where appropriate.” In this regard the Plan states that “the mix of day and night-time uses adds vitality and is line with the concept of sustainability...(and that)... non-residential units shall be designed and finished so as to protect the amenities of the residential units”.
Public houses have long been a feature of Irish urban and rural life and it is consistent with this and the development of existing and new areas that they are ‘Permitted in Principle’ or ‘Open for Consideration’ in most of the land use zones as set out in the County Development Plan.
However due to their nature, applications for public houses need to be carefully considered. Planning control matters relating to public houses are addressed in the Development Plan at Section 12.5.5 dealing with restaurants, takeaways, nightclubs, licensed premises and betting offices. The Plan states that:
In order to maintain an appropriate mix of uses and protect night-time amenities in a particular area, the Council will seek to prevent an excessive concentration of the above uses and to ensure that the intensity of any proposed use is in keeping with both the scale of the relevant building and the pattern of development in the area.
In addition the Development Plan also states that uses such as public houses will be strictly controlled and that consideration would be given to the following factors:
- the effect of noise, general disturbance, hours of operation, litter and fumes on the amenities of nearby residents or adjoining commercial activities;
- the need to safeguard the vitality and viability of shopping areas in the County and to maintain a suitable mix of retail uses;
- traffic considerations;
- the number/frequency of such facilities in the area;
- satisfactory arrangements with the Council in relation to litter control.
The control considerations set out above would be taken into account when assessing a planning application for a public house. These are considered reasonable and will assist in the development of sustainable areas while at the same time have regard to the particular issues which may arise due to the nature of the use itself.
Non-planning issues in relation to Public Houses are matters for the Courts.