COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, June 16, 2021

MOTION NO. 2

MOTION: Councillor F. Timmons

"That this Area Committee request South Dublin County Council deny permission of any further fast food outlets in the Clondalkinn Administrative Area being opened and this includes 'conversion' from existing closed retail outlets. Also the number of takeaway outlets be capped.  Enforce the current food outlets to provide bins for their rubbish."

REPORT:

The provision of a fast food/ takeaway outlet generally requires planning permission and any planning application is accessed in accordance with the relevant Development Plan and/or Local Area Plan or Planning Scheme.

The County Development Plan provides the following policy context in Chapter 5:
R10 Objective 1:
To prevent an excessive concentration of fast food outlets/takeaways and 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.

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.

In addition, Chapter 11 Implementation states:
(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.

In general, the use of the term ‘fast food/ takeaway’ for the control of land use needs ongoing consideration. The nature and type of ‘fast food/ takeaway’ is evolving and more businesses and food types are now provided as fast food/ takeaway services, particularly in response to Covid.

It is also noted that the Planning and Development Act 2000 (Exempted Development) (No. 3) Regulations 2021 (S.I. 208 of 2021) provide that a temporary change in use from a premises selling food for consumption on the premises to one providing food for consumption off the premises will be considered an exempt development for the period up to 31 December 2021. This will have the effect of allowing restaurants which do not have a specific planning permission to operate as takeaways to operate for such purpose without having to apply for change of use planning permission for the remainder of the current year. The use of the premises must revert to the original permitted use on the expiry of the specified period.

In relation to the waste and bins, as provided for in the Litter Pollution Acts, the owner or person responsible for a place to which the public has access is required to keep the area adjoining their premises litter free, regardless of how the litter got there. This places an obligation on business people to:
• Keep footpaths, pavements and gutters within a 100m radius of their premises litter free
• Remove Graffiti from their property
• Not to erect posters or signage without prior authorisation
• Not to place commercial waste in a public bin
Any breaches of these requirements reported or detected are investigated by the Council’s Litter Warden Service and appropriate enforcement action taken.