COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, May 10, 2010

MOTION NO.11

MOTION: Councillor C. King

"That this Council adopt a policy of excluding planning permissions for 'Head shops' when they are found to be within a radius of 10km of any school as has been adopted in different Council's throughout the State".

REPORT:

From the perspective of the Planning and Development Regulations ‘Head Shops’ are classed as Shops.

The Planning and Development Regulations define a shop as:

‘‘shop’ means a structure used for any or all of the following purposes, where the sale, display or service is principally to visiting members of the public -

(a) for the retail sale of goods,

(b) as a post office,

(c) for the sale of tickets or as a travel agency,

(d) for the sale of sandwiches or other food or of wine for consumption off the premises, where the sale of such food or wine is subsidiary to the main retail use, and “wine” is defined as any intoxicating liquor which may be sold under a wine retailer’s off-licence (within the meaning of the Finance (1909-1910) Act, 1910), 10 Edw. 7. & 1 Geo. 5, c.8,

(e) for hairdressing,

(f) for the display of goods for sale,

(g) for the hiring out of domestic or personal goods or articles,

(h) as a launderette or dry cleaners,

(i) for the reception of goods to be washed, cleaned or repaired,

but does not include any use associated with the provision of funeral services or as a funeral home, or as a hotel, a restaurant or a public house, or for the sale of hot food or intoxicating liquor for consumption off the premises except under paragraph (d), or any use to which class 2 or 3 of Part 4 of Schedule 2 applies;”.

A retail use changing within this definition does not require planning permission. Any application for retail use must be considered under the above definition and conditions that may be attached to any grant of planning permission may not exceed or restrict the above definition. Furthermore any valid planning application submitted to this Planning Authority must be determined and the Council cannot prejudge the outcome of such an application. Any decision must be firmly rooted within the confines of the Planning and Development Acts and their attendent regulations. With respect to the Development Plan, this document sets out policies and objectives for the future development of the County. Such  policies and objectives cannot be at odds or conflict with the Planning and Development regulations.

The effect of this motion would be to prejudge a planning application for a use which currently comes under the definition of a 'shop' and is not defined as a seperate use in the regulations as are currently in force. This is not within the remit of this planning authority.

It is suggested that with respect to the issues surrounding ‘head shops’ that these are more appropriately dealt with through separate legislation/ regulation than the planning system.