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DUNNES STORES IS fighting to keep its Café Sol outlet in Liffey Valley shopping centre open after being ordered to close down the operation by south Dublin council.
The retailer was issued an enforcement notice in relation to the café in September.
South Dublin County Council said Dunnes never received the required planning permission to open the Café Sol outlet and that it was only allowed to operate a retail store at the site.
An appeal against the enforcement notice has been lodged by Dunnes after the two parties agreed for the case to be reviewed by An Bord Pleanála.
The retail giant has argued that the café represents only 1% of the floor space at its Liffey Valley store and as a result is only a partial change of use.
In its appeal, Dunnes referenced the planning disputes faced by coffee giant Starbucks in Ireland, but wanted to “make it clear” why its enforcement notice was different to those issued to the local operation of the Seattle coffee behemoth in recent years.
The franchise holder of Starbucks in Ireland has faced the wrath of several local planning authorities in recent years after opening a number of coffee shops without permission.
In its appeal to An Bord Pleanála, Dunnes cited specific cases where Starbucks ran into issues with its Airside Retail Park branch in Swords and its Patrick Street location in Cork, which was closed down by the council.
These Starbucks locations were opened in units zoned for use exclusively as retail stores.
Dunnes maintained that its situation is different because it has only changed a small section of its store and not the entire unit.
The café in Liffey Valley has seating facilities, but the retailer claimed this area can be used by all customers, not just those visiting the coffee shop.
Dunnes also noted that Penneys has been permitted to have an Insomnia café based out of its stores in Liffey Valley and Waterford.
It said Penneys’ in-store cafés are similar to the Café Sol outlet because they are only accessible from the shop floor and not from the main mall.
Dunnes also cited a 1988 High Court case faced by an unnamed rehabilitation institute for people with a disability, in which the institute was permitted to operate a training and assessment facility in an office space because it was ancillary to general admin use.
Possible penalty
Dunnes Stores opened in Liffey Valley in 2001 and extended the shop six years later. Since it acquired Café Sol in 2015, the retailer has brought the coffee brand to a number of its stores.
In the enforcement order from south Dublin council, Dunnes was told to close down the café by November 2018 or face a €5,000 fine. The council also told the retailer to pay €650 of expenses incurred by its investigation into the case.
The planning dispute will now be ruled on by An Bord Pleanála. If the national planning authority rules in favour of the council, the decision can still be appealed to the High Court.
If An Bord Pleanála rules in favour of the council and the enforcement notice is not observed, the local authority can pursue legal proceedings against Dunnes, with a maximum fine of €12.7 million applicable.
Written by Killian Woods and posted on Fora.ie
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A useful way to spend my tax money for once. About time they sorted these poor people out.
The properties that have been repeatedly flooded since 1995 should be purchased at fair price by Co Co and people relocated . They can be added to Council Housing stock and used when not flooded , so it’s not a totally dead investment for the tax payer
@Angry_Man41: you know it takes months and 10’s of thousand’s to repair a house
@Angry_Man41: Used when not flooded? Put people up in a hotel while spending thousands on refurbishing a flooded house. Move them back in. Wait for another flood and repeat the whole process. Is that you Healy Rae?
It’ll be pulled in a few weeks for covid-19 relief! Flood victims get your claims in quick!
Honestly clowns that are talking about dredging the Shannon, haven’t a clue what they are talking about. It is not possible to dredge by ship as there is no way to get one up past bridges and weirs. A digger is like a child at the beach digging a sandcastles moate. Move family to higher ground.
There is obviously more water storage needed upstream with another Shannon Hydro electric scheme the most productive way to pay for the dams.
Its a pleasant change to paying for water!
It’s a much more logical idea to put a number of R,B 35′s on each side of the river next Summer when the water levels are normal and remove the obstructions, It will never cure all the flooding but it will greatly reduce it. It always appears to be easier to spend the money on engineering reports and planning procedures than on practical flood relief!
I assumed that’s why people pay insurance premiums.
And how much will the Red Cross take from these emergency funds? After reading what they stole from the People of Haiti I would never support the Red Cross again!
Yet another boo boo by the government!
But in fairness the Irish Swimming team for Tokyo now have plenty of places to train so noice…
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