Part of the smoking area in Brubakers
Peaken Properties Ltd have launched an appeal to An Bord Pleanala against conditions attached to the decision of Dundalk Town Council to grant them planning permission for the retention of the smoking area at Brubakers.
Declan and Bernie Muckian of Peaken Properties were granted planning permission to retain the smoking area at 39 Park Street recently subject to six conditions.
However, they object to three of those, describing them in their appeal as “unreasonable”.
The first of the issues they are appealing against is the council’s assertion that the new smoking area has additional floor space.
However, Peaken Properties Ltd insist that it results from the conversion and alteration of existing office space to form an addition to the small smoking area that was there previously. Any increase in floor space would lead to increased rates being paid to the local authority.
Peaken are also seeking the removal of the third condition that the council granted a “two year permission” in order to “monitor the retained permission and to assess impacts on adjoining residential amenities”
They consider this “hugely unfair” as there was already a smoking area in place and point out that no neighbours or other members of the public and previously objected to the area being retained.
They stress that business has decreased by 60% in the last three years and the extension to the smoking area is “considered vital to maintain a depleted customer base.”
The final issue relates to the wall-mounted televisions and speakers in the smoking area, which Peaken say are “provided to allow patrons to continue to watch/enjoy sporting events etc. while in the smoking area.”
They point out that they are happy to keep these at an “appropriate sound level condition”, adding that there is no amplified sound emitted in the area at issue.
They have also agreed to switch it off at a certain time if necessary at “10pm or such other time considered reasonable.”
They also hope to retain the bar in this area, citing that it operations “both for customer convenience to serve those using the smoking area and to permit a fairly constant staff presence” in the area, which they claim provides surveillance, good management, as well as monitoring/supervision of patron numbers and behaviour.
A decision on the matter will be made in the coming weeks.
Related articles
- Brubakers to retain smoking area (talkofthetown.ie)
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