This case related to the use of a warehouse on Pearse Square (opposite Grand Canal Theatre) Dublin city for a public car park. The warehouse was previously used for the parking of vehicles associated with a vehicle trading business.

An Bord Pleanála concluded that

(a) the public car park is a change of use which is materially different from a warehouse use, inclusive of a warehouse used for the parking of vehicles associated with a vehicle trading business, by reason of :

• changes of trading patterns
• likely impacts on neighbouring amenity
• traffic management and on traffic safety

thus constituting development which comes within the scope of section 3 of the Planning and Development Act, 2000, and

(b) there is no provision for exemption within any of the Classes as set out in Part 4 of Schedule 2 to the Planning and Development Regulations, 2001 for change of use from a warehouse, including a warehouse used for the parking of vehicles associated with vehicle trading business to a public car park under the exempted provisions of the Planning and Development Regulations:

Therefore, An Bord Pleanála decide that the use of the premises in question as a public car park constitutes a material change of use and is, therefore, not exempted development.

Link to case on An Bord Pleanala Website