Krispy Kreme lodges appeal in bid to see council’s planning refusal for Patrick St outlet overturned

KRISPY Kreme has lodged an appeal with An Bord Pleanála in a bid to overturn Cork City Council's decision to refuse permission for its location on the city’s main street.

The American doughnut chain opened the outlet at 42 Patrick St, previously Porter newsagents, last April to much fanfare.

Seven months later, Krispy Kreme Ireland Ltd lodged a planning application with Cork City Council seeking planning permission and retention planning permission for the “retention of change of use from previous retail to cafe with internal seating for sale of food and drinks for consumption within and off the premises” as well as seeking retention of the existing shopfront and signage.

A description of the plans said the proposed development would also include all associated internal ancillary works necessary to facilitate the development.

Plans refused 

However, last month planners in Cork City Council refused planning permission.

In its reasoning, city council said that the “existing cafe use” is contrary to certain objectives of the City Development Plan “relating to the prime retail function of the city centre”.

The council said the existing development is therefore “contrary to the proper planning and sustainable development of the area”.

Additionally, the local authority said that, having regard to the policies in the Cork City Development Plan 2022-2028 relating to new development in Architectural Conservation Areas, it is considered that the shopfront treatment and signage associated with the existing development is contrary to an objective in the 2022-2028 plan.

“The existing development, by reason of inappropriate design and elevation treatment, results in a visual discordant treatment of the elevations of the building in the context of the existing streetscape and character of the Architectural Conservation Area,” the council said.

“The existing development sets an undesirable precedent in the area and would be contrary to the proper planning and sustainable development of the area.” 

Appeal

Now, a first-party appeal has been lodged in a bid to see that decision overruled.

The appeal document contends that Krispy Kreme on Patrick St is compliant with the objectives of the development plan relating to the city centre “as it provides customers with baked goods, available to purchase and consume away from the premises”.

“It is highlighted that the unit is operating in the same manner as a retail unit supporting the function of the Core Retail Area, and does not fall into a restricted use category.

“In this regard, we would respectfully ask the Board to overturn the Planning Authority's decision to refuse permission and grant permission for the subject development,” the appeal continues.

In relation to the signage, the appeal asserts that it has “not impacted negatively on the public realm, and is not visually contrary to the surrounding shopfronts”.

“The Krispy Kreme signage and shopfront is similar to that of the previous retail unit which occupied the site, 'Porter'.

“The signage has remained white in colour, with the logo remaining on the right hand side,” it states.

The case is due to be decided by mid-June.