Krispy Kreme wins ruling over planning permission for its Cork outlet
Seán McCárthaigh
The doughnut chain, Krispy Kreme, has successfully challenged a ruling by Cork City Council that it requires planning permission for its outlet on St Patrick’s Street in Cork following a change of use of the building.
An Coimisiún Pleanála has upheld an appeal by Krispy Kreme Ireland Ltd against the council’s decision that the change of use of the property from a retail shop to a patisserie represented a development requiring planning permission.
The Commission said the change of use was not a development under planning legislation, as “the nature of the use has not materially changed.”
While the Commission claimed the internal fit-out of the Krispy Kreme branch on Cork’s main thoroughfare did represent a development, it ruled that it was an exempted development from requiring planning permission.
Council planners had claimed the change of use of the building represented a new and separate use of the property and did not constitute use as a “shop”.
However, Krispy Kreme claimed its outlet was not a café, which was referenced by council planners in outlining their decision and precedent cases for café-type units.
The company said any fit-out work did not affect the character of the building.
It argued the development complied with the definition of a “shop” and there was no material change of use of the premises.
A planning inspector with An Coimisiún Pleanála said the Krispy Kreme outlet functioned as a normal retail unit, with goods for sale being produced elsewhere and sold for consumption off the premises.
The ruling is expected to bring an end to a long-running planning battle which began in November 2023 when the company first sought planning permission for the outlet on St Patrick’s Street several months after it had formally opened for business.
Krispy Kreme has a 10-year lease on the ground floor of the property on the corner of St Patrick’s Street and Marlborough Street, which previously was the location of Porter’s newsagents before its closure in October 2022.
