There’s a new attempt to application to convert space intended for a market to a convenience shop.
The space is on Newmarket and Mill Street in the Liberties – previously where the Green Door Market was. The site was redeveloped several years ago on condition that they had a market space.
For the second time, developers are trying to wriggle out of this condition. Below is my planning observation for this case – here is the one I wrote previously when we successfully stopped them in 2022.
The case is open for observations until 19th November 2024.
A chara,
I am writing to oppose application 4346/24 from Patrizia Eight Building Ltd. I do so on three main grounds:
1. Danger of precedent
The applicant yet again attempts to wriggle out of an obligation under their previous planning permission to provide a space for a market.
Their initial planning permission saw the removal of an existing market, and their original planning permission was granted on the basis that they retain/build some replacement market space.
The applicant has repeatedly sought to extricate themselves from this requirement – these attempts have been rightfully rejected at both council and An Bord Pleanála levels.
They make the case for this application largely on the basis of their claim that they could not find a market tenant for the site paying commercial rates – but this in itself is not sufficient to free the applicant of their obligations.
The planning condition for a market was essentially a trade off – the applicant gets to do the development, but they have to keep a market space. The applicant was aware of this trade off when developing the site and chose to proceed. If they are unable to find a tenant for the site at commercial rates, the option open to them is to offer the space at a loss and fulfil their side of the trade off.
It would be an extremely dangerous precedent if the planning authority were to permit a development on a given condition, and then waive that condition in future based on claims of insufficient profitability by the applicant.
2. Development Plan’s provisions for markets in area
Separately, the new city development plan contains various provisions which support markets in general and in this specific area. In particular:
– SDRA 15 covers this area and sets a goal for the area: “To support the use of Newmarket Square for market trading and other beneficial public uses…”
– SDRA 15 also states: “Community and cultural uses at Newmarket Square should be protected into the future.”
– Policy CCUV33 sets “Support for Markets” as an objective, saying: “To facilitate indoor and outdoor markets both in the city centre and throughout the city particularly where they support the existing retail offer and local produce/start up enterprise and the circular economy; and to realise their potential as a tourist attraction.”
These provisions should give planners pause before approving the massive reduction in market space.
3. Provision already made
Finally, planners should note that there is already provision for a similarly sized (437sq m) retail unit immediately beside this site. Planning application LRD6028/24-S3 was granted at the end of October 2024. This significantly undercuts the applicant’s case for a need for more retail on the site, and bolsters the case for retaining the existing conditions.
I ask that planners once again reject this attempt.
Is mise,
Cllr. Michael Pidgeon
City Hall, Dame Street, Dublin 2