Appeal rejected over Laois pub plans deemed “a nightmare” by some residents

An Bord Pleanala has rejected an appeal against planning permission for a pub beer garden, seating area and car park which was previously deemed “a nightmare” by a group of local residents.

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 plans were appealed to An Bord Pleanala by Stuart McCaul and Lynda Moorhead and others in November of 2024. 

The retention planning permission 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 original planning application 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. 

However, a document objecting to the plan was lodged by Whyte Planning Consultants lodged a submission to Laois County Council on behalf of ten residents living in Station Grove, Train View Station Road and Millbrook Manor. 

“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. 

An Bord Pleanala’s Inspector said the objections stated that the grounds of the appeal include a claim that: “Residents can no longer use gardens, or sleep at night at weekends and other nights when events are held, due to noise levels from the development.” 

They also stated that: “Railway Bar was a small local pub, but has now developed into a music destination, where large groups gather until late hour with loud music to detriment of local residents.”

In the response, the applicant stated that “FI clarified that development is not a ‘disco bar and concert venue’ but is to provide Railway Bar with an ancillary beer garden and bar which support the site’s primary use as public house.” 

They also stated that the “Railway Bar, while not in an urban centre, is zoned General Business, which permits such developments provided they meet local policies. Planners report notes ancillary beer garden is compatible with this zoning.” 

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The ABP Inspector recommended approving the plans subject to a number of conditions. These included a redesign of the car park, inclusion of LED lighting and the introduction of noise mitigation measures. 

The planning retention for The Railway Bar was approved subject to eight conditions on March 31.