Appeal over Laois pub plans deemed "a nightmare" by some residents
The pub was granted planning approval in October
Planning approval for a pub beer garden, seating area and car park deemed “a nightmare” by a representative of local residents has been appealed to An Bord Pleanála.
Applicant Shay Gallagher’s plans at The Railway Bar on Station Road, Cooltederry in Portarlington were granted retention approval subject to nine conditions by Laois County Council on October 24.
The retention plan included a covered beer garden measuring 178sq metres at the rear of the pub which had a bar and seating area. A 39 space car park, pedestrian access from the beer garden to the car park and vehicular access gate to the car park.
The planning application was lodged with Laois County Council in October 2023. It included a planning report from Hughes Planning and Development Consultants on behalf of Shay Gallagher.
In its report, Hughes Planning states that there are a number of precedents for the pub plans and it cites developments in a number of pubs throughout Laois.
“The Railway Bar is a primary social centre within Portarlington where the community can meet up, hold fundraisers, play cards or watch sports and relax. The public house is considered a reputable source of local information in rural areas for tourists. The decline of rural businesses and amenities leaves the pub as the last local meeting place. The pub gives a sense of community in isolated areas with no other facilities. In this instance, The Railway Bar is considered to support the tourism industry of Co. Laois by providing a space in an existing rural town for relaxing and meeting local residents,” it states.
“It must be highlighted that during the Covid-19 pandemic, the Government encouraged pubs and bars to trade outside and supported the use of beer gardens for this. Our client had no intention of constructing a roof over the existing beer garden, however, they did so to ensure noise levels would be dampened for residents in the area and to avoid cause for concern during the busy Christmas season,” the planning consultants explained.
Whyte Planning Consultants lodged a submission to Laois County Council on behalf of residents at ten properties in the area.
“Essentially, the development is a de-facto night club, disco bar and music venue, dressed up as a small inoffensive beer garden, it is clear that it is not a beer garden, ancillary to the public house, it is far more than a beer garden and the residents of Station Grove and Train View have been living in a nightmare for many years because of this unauthorised development,” they submitted.
Whyte Planning Consultants did not agree that the development was in keeping with other local planning permissions.
“We would respectfully point out that these planning precedents relate to developments that are located in urban areas that are characterised by "main street" use, for example, The Anvil, Humes Bar, Sally Gardens, Arlington House, Delaney's, O'Deas. O Donoghues, Barrow Lodge and the Hawthorn are all located in what would be traditionally recognised as a town centre area, an area characterized by general mixed use development where historically residential units would be accepting and used to some level of public house noise and associated nuisance with public houses,” they said.
Laois County Council requested further information including in relation to the operation of the beer garden and the noise levels associated with the development.
On receiving further information, a council planner stated that: “It is considered that the noise mitigation as carried out include and in particular not using the structure as a venue or allowing live or loud music within it, is acceptable. Furthermore the upper limits recommended for background music and the use of a noise limiter on the sound system are a welcome mitigation and should protect the residential amenities of the neighbouring dwellings."
The retention planning was then granted subject to nine conditions on October 24. Those plans have now been appealed to An Bord Pleanala by Stuart McCaul and Lynda Moorhead and Others. Mr McCaul and Ms Moorhead were among the parties represented by Whyte Planning Consultants Ltd in the submission to Laois County Council.