The Temple Bar pub has appealed to An Bord Pleanála a planning decision blocking it from carrying out work on its beer garden.
The pub proposed replacing an existing canopy and metal-clad roof with a new slate roof and apex light, but Dublin City Council said the works could not go ahead without planning permission.
The council’s executive planner Nicci Nolan said the proposed new works, involving construction of solid walls and a permanent roof, would constitute a material change and affect the character of the protected building.
She said proposal did not satisfy section 4 (1) (h) of the Planning and Development Act which says works cannot be carried out on a protected structure if they materially affect the character of the building.
Ms Nolan said the works proposed by the Temple Bar are not exempted planning, and therefore require permission.
The pub argued this was not the case.
The Temple Bar Pub expands across Nos 47 and 48 Temple Bar. No 48 is a protected structure, but No 47 is not.
In its submission to An Bord Pleanála, Thornton O’Connor Town Planning, on behalf of Temple Inns Ltd, said the proposed works would not affect No 48 because the beer garden is at the rear of No 47 and runs along Nos 46 and 45.
Thornton O’Connor said the proposed works do not requiring planning permission because they concern the alteration and improvement of the property; do not materially affect its exterior and do not make it inconsistent with neighbouring buildings.
The Temple Bar Pub has run into planning issues before. In 2002 it was refused permission to add a 37 sq m winter garden to the back of the existing building because it was a protected structure.
In 2014, permission for the retention of coach lamps and a neon sign was refused.
Betting office
Separately, a decision by South Dublin County Council to grant permission for a change of use of the ground floor of a former Fás office to a betting office has been appealed to An Bord Pleanála.
Niamh Lynham said the proposed betting office use at 3 Monastery Road, Clondalkin, was a clear contravention of the council's commitment in its development plan to prevent an excessive concentration of betting offices.
There is already a Bar One Racing outlet, a Paddy Power outlet and a Ladbrokes outlet within about 100 metres of the address at Monastery Road.
“I am at a complete loss as to how the South Dublin County Council can justify the issuing of a decision to grant permission for a change of use of a unit where there are three existing betting shops within 100 metres of the relevant unit,” Ms Lynham said in her submission to the planning board.
The council said three betting offices is not excessive and that a fourth would not be considered excessive when the surrounding level of retail, office and other non-retail uses in the immediate vicinity in Clondalkin village are taken into account.
