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 A question came before An Bord Pleanala as to whether a proposed coffee sales area (16.8 square metres) within the existing retail unit at Keane’s Garden Centre, Kilcolgan Village, County Galway is or is not development or is or is not exempted development.

The floor area of the coffee sales area would form 21.5% of the retail unit. No seating is proposed.

Galway County Council ruled that the provision of a coffee sales area within the garden centre does not constitute ancillary development and was not exempted development.

The owner referred the matter to An Bord Pleanala arguing, inter alia, that the retail unit had the benefit of planning permission, there were no external changes, the sale of coffee would be subsidiary to the main retail use, there would be no seating and the Board had previously ruled that other small scale changes of use within retail units did not constitute development.

The Board’s Inspector ruled that Read the rest of this entry »

Kildare county Council’s decision to grant permission for a large scale extension of the successful Kildare Outlet Village has been appealed to An Bord Pleanala by a number of other retail interests in the locality including the Whitewater Shopping Centre and Tescos.  An Taisce have also appealed the decision.

A planning application has been lodged with South Dublin County Council for a large-scale extension to the Liffey Valley shopping centre. The application comprises approx. 10,500sq m of space at the western end of the shopping complex and will cater for news shops, restaurants and an extension to the cinema complex.  The proposal also includes a central focal point forming an indoor meeting place.

An Bord Pleanála have upheld the decision of Kildare County Council to refuse permission for a discount store in the grounds of The Keadeen Hotel on the outskirts of Newbridge, Co. Kildare.  The applicant had sought permission for minor works to the hotel and grounds along with a new discount store.  The Board issued a split decision granting permission for the hotel works but refusing permission for the discount food store. 

There was one reason for refusal which focused on the proposed location of the discount foodstore outside the retail core of the town.  It was considered that this location would undermine the retail function of the town centre and would be contrary to the Retail Planning Guidelines for Planning Authorities, the policies in the Kildare County Development Plan the Newbridge Local Area Plan, 2003, which seek to channel retail development into the town centre where it would contribute to the vitality and viability of the town centre and strengthen the retail function of the town. 

This decision is of interest given that many discount stores are located on the fringes of towns around the country.

A question has arisen as to whether the use of a portion of the overall premises for ancillary purposes, comprising multi-purpose display, reception, storage and sale activities at Unit W1E, Tougher’s Business Park, Ladytown, Naas, County Kildare is or is not development or is or is not exempted development.

The applicant stated that the principal use of this overall premises is for finishing, cutting, adapting for sale and packing of meat which is then sold, on a bulk basis, to third parties principally restaurateurs and other factories. Large scale quantities of meat are brought into this facility and the owner undertakes portion-control and an element of treatment before selling on produce to third parties.

The main operational area of the premises is laid out in an open-plan manner, to which access is restricted. There is a small area, to the front and this area, is separated from the operational area, so as to facilitate its use as a public trade counter. This area is also used for displaying meat, particularly with shorter sell-by-dates due to cancellations by restaurateurs, butchers outlets and other factories. The products are stored also used for charitable organisations.

It was contended by the applicant that a change of use can occur which is not substantial or material. This was backed up by reference to case law. Read the rest of this entry »

The Department of the Environment, Community and Local Government has published new Retail Planning Guidelines and an accompanying Retail Design Manual.  Planning authorities and An Bord Pleanála are required to have regard to the guidelines in the performance of their functions under the Planning Acts.

The convenience retail floor space caps of the new Retail Planning Guidelines are :

• 4,000sq.m in the four Dublin Local Authority areas (Dublin City, Fingal, South Dublin and Dun Laoghaire/Rathdown)
• 3,500sq.m in the cities of Cork, Limerick, Shannon, Galway and Waterford
• 3,000sq.m in the rest of the State.

The new floor space caps apply to new retail stores or extensions to existing stores which will result in an aggregate increase in the net retail floor space of the convenience element of such retail stores.

The Retail warehouse floorspace cap is 6,000sq.m gross (including any ancillary garden centre) and with specific criteria to allow for an exemption from this floorspace cap in city and town centre areas in the 5 Gateway cities of Dublin, Cork, Waterford, Limerick/Shannon and Galway.

The Petrol filling station shops floorspace cap remains at 100sq.m net irrespective of location

The non-statutory Retail Design Manual is intended to assist both planning authorities and respective applicants in relation to design issues and the assessment of the vitality and viability of city and town centres.

The Heritage Council has called for the establishment of a national organisation to promote and support the sustainable development of our town and city centres in a submission to the Draft Retail Planning Guidelines, 2011.

The submission calls for the setting up of a national organisation to help plan for towns, similar to the Association of Town Centre Management based in London or the Downtown Association in the United States.

Town Centre Management strategies would bring all stakeholders together to create a shared vision for the future of each town centre and act as a catalyst for growth and regeneration. They improve the visitor experience and urban environment by focusing on the quality of public buildings and spaces, streetscapes and town centre activity. This improves the business environment and overall quality of life.

An annual Town Centre Health Check is recommended in order to help identify how healthy a town is and inform plans to shape its future.

 An application has been lodged to extend the Kildare Outlet Tourist Village. The applicants, Value Retail (Dublin) Ltd, are seeking a 10 year planning permission to incorporate an additional gross floor area of c. 7,053 sq.m. bringing the total gross floor area to c. 18,219 sq.m. in a one and two storey building form adjoined directly to the existing building complex. The new floorspace will include two restaurant units, 34 tourist retail outlet units and a tourist information centre. The application also seeks an expansion of car parking facility resulting in 409 net additional car parking spaces.

The guidelines (when finalised) will replace those guidelines issued in 2005. 

The key changes in the new guidelines include:

(1)      revisions to the convenience retail floorspace cap moving to a three tier approach that provides for a differentiation in cap limits between Dublin (4,000 m2), the other four main cities of Cork, Limerick, Galway and Waterford (3,500 m2), and the remainder of the country (3,000 m2).

(2)      the retail warehouse floorspace cap is to be maintained at 6,000 m2 and with specific criteria to allow for an exemption from this floorspace cap in city and town centre areas in the National Spatial Strategy gateway cities/towns; and

(3)      the petrol filling station shops floorspace cap is to be maintained at 100 m2 irrespective of location.

Emphasis on a plan-led approach involving greater co-operation by planning authorities in the preparation of joint or multi-planning authority retail strategies.  The draft Guidelines require the preparation of such strategies, by relevant planning authorities including the 5 gateway cities (Dublin, Cork, Galway, Waterford and Limerick/Shannon).

The closing date for receipt of submissions is 4 pm on Tuesday, 20 December, 2011.

The finalised statutory Guidelines will be accompanied by a non-statutory Best Practice Manual which is intended to assist both planning authorities and prospective applicants in relation to design issues and the assessment of the vitality and viability of city and town centres.