Circle K slams council’s decision ‘erroneous’ over refusing off-licence at petrol station and say decision ‘should be overturned’
By Hayden Moore
SOUTH Dublin County Council has been slammed by Circle K, with the local authority’s decision to refuse permission for an off-licence in their Kilnamanagh outlet being deemed “erroneous”.
Ard Services Limited, which trade as Circle K, requested permission for the change of use from permitted retail to retail use including the sale of alcohol for off premises consumption.
Circle K slams the councils decision refusing the off-licence at the petrol station on Mayberry Road
In the local authorities decision to refuse permission, they stated that the proposed development is “not acceptable” adding that it be “seriously injurious to the residential amenity and character of the area”.
The planning application was submitted on March 31 last and refused permission on May 25 and now, as of June 21, the applicant has appealed the decision to An Bord Pleanala (ABP).
Coakley O’Neill Town Planning Ltd, who are operating on behalf of Ard Services Ltd, acknowledged issues expressed of an over-concentration of off-licences in the area, underage drinking and anti-social behaviour in the appeal.
“That a negative impact upon residential amenity would arise has not been demonstrated, and there is no evidential basis whatsoever for concluding so,” their appeal to ABP reads.
They stated that the conclusions drawn by the local authority are “erroneous” and stated that the decision “should be overturned”.
Two residents associations and a local conference of St Vincent de Paul (SVP) submitted objections to the council.
John Canning, President of the St Kevin’s conference of SVP, objected to the proposal on several grounds which are compounded by concerns around anti-social behaviour.
Mr Canning stated that there are “already more than enough off-licences in the area”, and he said SVP was concerned about the potential for “alcohol being sold so freely with petrol”.
Members of Kilnamanagh Neighbourhood Watch also objected to the application.
They claim that the Mayberry Road service station “is not showing responsible supervision of its current alcohol sales” and the proposed off-licence “would cause serious problems for our area”.
The Belgard Area Residents’ Association said they were opposed to the proposed development, believing that alcohol is already on sale in the petrol station.
They stated that as such it’s not a change of use “but an extension of what is already in place”, adding that there is an “oversupply” of off-licences within the vicinity of the petrol station.
All three objections also mentioned concerns about underage drinking in the area, and expressed fears that the proposed off-licence could exacerbate the problem.
The applicant stated that these issues do “not constitute the basis for the refusal of planning permission”, adding that such anti-social behaviour “is not material planning issue” – pointing to the Public Order Unit in Tallaght Garda Station for dealing with these matters.
