An award-winning Dublin seafood restaurant has sought to halt plans for a jazz club on Drury Street.
Sole Seafood & Grill appealed against Dublin City Council's decision to grant planning permission to Widestar 2 Ltd for change of use at No 47 Drury Street from car park and retail to jazz club and bar with part retail and cafe bar.
In their appeal, consultants for Sole Seafood & Grill claim that noise and disturbance from the jazz club would hinder trade, due to the close proximity of the two premises.
Sole Seafood & Grill holds the title for the Best Luxury Seafood Restaurant in Europe and the appeal states that "jazz club" is not specifically defined in planning law.
Consultants for Sole have expressed concern that the jazz club "will inevitably evolve into a nightclub/cafe bar".
McCutcheon Halley Chartered Planning Consultants said the two uses were incompatible.
The city council attached a condition to its approval, stating that if the cafe bar element of the proposal became the dominant use, a change-of-use application would be necessary.
The council also said music associated with the jazz club use "must be inaudible at the nearest noise-sensitive premises".
However, Sole's appeal said that the inevitable evolution of a nightclub/cafe bar/pub would harm Sole's successful restaurant business.
The appeal added that the cafe bar/jazz club/pub would generate a larger number of patrons and intensification of use that would undermine the restaurant.
The restaurant urged the appeals board to reject the plans, as the proposed jazz club use is not a defined use in planning law and the emergence of the night-club/pub use would be impossible to regulate.
A decision is due by the appeals board in June.