I was contacted by the local residents association RE some planning concerns regarding the fast-food outlet operating on Philipsburgh Avenue – the follow-up/response from Planning Enforcement is detailed below.

Question to City Manager             City Council Meeting 06/09/2010

Q126.            COUNCILLOR NAOISE O’MUIRI

Can the Manager ask Planning Enforcement to follow up on the following issues in relation to the fast-food premises operating at 201, Philipsburgh Avenue and take the appropriate action:

a.      An Bord Pleanala granted permission for a restaurant interior with

14 tables (Condition 1). However it appears that the facility is being used as a take-away only

b.      An Bord Pleanala attached an opening hours restriction of 07.00 to

23.30 hours only in the interests of residential amenity (Condition 2). However the sign outside the facility states opening until 24:00.

CITY MANAGER’S REPLY:

An Bord Pleanála granted permission on 21 October 2009 for a restaurant/takeaway at 201, Philipsburgh Avenue

In April 2010, a complaint was received that development was not compliant with grant of permission in that the take-away only was operating and that trading was taking place after the 11.30 pm restriction contained in condition 2 of the permission.

A Warning Letter pursuant to Section 152 of the Planning and Development Act 2000 issued to the owner and the manager of the business.  Subsequently, an unannounced inspection took place at 11.45 pm on 21 May 2010.  No customers were on the premises and the Manager reported that staff were in the process of cleaning up.

The manager stated that no product would be sold after 11.30 pm but he was considering a planning application to having trading hours extended to midnight.  He further advised that the restaurant element of the development would be implemented over the course of the summer.  A further inspection will be carried out to ascertain if the sit-down element has been provided.