We were retained by the owners of the Jervis Centre to lodge an application to change the use of the former Golden Discs retail unit into a restaurant
We were retained by the owners of the Jervis Centre to lodge an application to change the use of the former Golden Discs retail unit into a restaurant and to extend that new restaurant out over the atrium over the escalators. The architects were Donnelly Turpin Architects. It was intended to create an exciting new space with views out over the Wolfe Tone Park, recently upgraded by Dublin City Council.
The Planning Authority granted permission for the change of use but refused permission for the new extension. They considered the space thus created would reduce rather than increase the amenity of the centre. We appealed to An Bord Pleanala in respect of the refused extension area.
In addition another food operator appealed the entire decision.They claimed that the food outlets now extended to 37.5% of the centre and any amount in excess of 25% was unacceptable in a shopping centre. We responded that as there were 45 retail outlets and 11 restaurants, the actual percentage was 19.64% which would be below the objectors 25% figure. More importantly however the floor area of the retail units was large and the restaurants generally small. So we argued the proportion of floor area devoted to each use was more important. On this measure, the area devoted to restaurant was only 5.84%.
The Board proceeded to grant permission for the entire development as applied for, both the change of use and the extension. This development has now been constructed and opened to the public in October 2013. It has been critically welcomed as an exciting addition to the amenities of the shopping centre.