Owner defends unauthorised café near Cork's Mardyke

Publican Paul Montgomery said the café is being operated, with his backing, by his teenage son and is donating a percentage of sale proceeds to the Irish Guide Dogs

A complaint from a member of the public has been made about a cafe operating from a garage to the rear of a private residence on the Western Road.

A warning letter has been issued to the operators of a small garage café which has popped up on Cork’s Mardyke without planning permission.

Cork City Council confirmed that an enforcement file has been opened, and a warning letter has been issued, on foot of a complaint from a member of the public about the cafe which is operating from a garage to the rear of a private residence on the Western Road, but which opens out onto the Mardyke.

The property is owned by publican Paul Montgomery, who confirmed that the cafe is operated, with his backing, by his teenage son. He confirmed that there was no application for planning permission before it opened for business.

But he defended the venture, which he said is small and tastefully designed, and which is donating a percentage of sale proceeds to the Irish Guide Dogs (IGD) and which is also selling IGD merchandise.

It has already resulted in the donation of almost €600 to the charity, Mr Montgomery said.

“It’s a small, pop-up, temporary and seasonal cafe which we think has been a great addition to the area,” he said.

“In fact, it’s been welcomed by many people in the area. And for many, popping down for a coffee and a chat, is the highlight of their day as they exercise within their 5km.

It’s not interfering with pedestrians or traffic. When the shutters are down, you wouldn’t even know it’s there.

“And I have been in touch with the city council about it already, and I’ve been in touch with my architect and I look forward to responding to the matter.” 

In a statement, the city council said enforcement files are opened once its planning enforcement section has enough information about a case to ensure that a complaint is “not vexatious, frivolous or without substance or foundation”, and that it appears that there may be a planning breach in relation to a particular development or address.

A spokesperson said such enforcement files are reviewed by a planning inspector who decides on the next course of action, which may or may not include a site inspection.

The local authority, as the planning authority, has six weeks following the opening of an enforcement file within which to decide as to whether to issue a warning letter.

But in this case, a warning letter has already been issued.

The council said there are no live planning applications, nor planning decisions pending for a cafe at the address from which this cafe is operating.

And it confirmed that it has not granted planning for the operation of a cafe at this address.

The council said: “In order to instruct the owners of a premises to cease an unauthorised use, the city council would have to take out a planning injunction under Section 160 of the Planning and Development Act, 2000.”