COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, February 04, 2016

MOTION NO. 109

MOTION: Councillor R. McMahon

To amend the wording of R10 Objective 2 " replace the word "restrict" to "inhibit" as restrict is not strong enough and is open to interpretation.

REPORT:

The content of the motion to replace the word ‘restrict’ with ‘inhibit’ in the text in R10 Objective 2 is noted.

The text of the Draft Plan states:

Section 5.8

‘R10 Objective 2: To restrict the opening of new fast food/takeaway outlets in close proximity to schools so as to protect the health and wellbeing of school-going children.’

Section 11.3.6 (iii) Fast Food/Takeaway Outlets

‘Fast food outlets have the potential to cause disturbance, nuisance and detract from the amenities of an area and as such, proposals for new or extended outlets will be carefully considered. Development proposals for fast food/takeaway outlets will be strictly controlled and all such proposals are required to address the following:

• The potential effect and the proximity of fast food outlets or take away outlets to vulnerable uses, such as schools or parks.
• The cumulative effect of fast food outlets on the amenities of an area.
• The effect of the proposed development on the existing mix of land uses and activities in an area.
• Opening/operational hours of the facility. 
• The location of vents and other external services and their impact on adjoining amenities in terms of noise/smell/visual impact.’

Inhibit is defined as ‘hinder, restrain, or prevent (an action or process)’

Restrict is defined as ‘put a limit on; keep under control’

(Both sourced from Oxford Dictionary)

All development proposals for Fast Food/ Takeaways will be assessed on their merits having regard to all the policies, objectives and criteria of the Development Plan, any Ministerial or National guidelines and the proper planning and sustainable development of the area.

It is considered that the use of the term ‘inhibit’ is excessive, inflexible and circumvents a full assessment of the proposed use on a case by case basis. Furthermore, the strict inhibiting of new fast food/ takeaways presents a competitive advantage to existing premises, prevents the provision of emerging healthier fast food outlets (e.g Camile & Chopped) in the future and assumes that fast food/ takeaway equates to unhealthy food.

In this context, the Chief Executive considers that the terms ‘restrict’ and ‘strictly controlled’ contained in the Draft Plan are adequately strong to capture the intent of the motion. The Chief Executive recommends that the wording in the Draft Plan and the motion not be adopted.

Recommendation

It is recommended that this motion is not adopted.