Marina Market owner lodges detailed appeal against planning refusal
The Marina Market was set up without planning permission in the former Southern Fruits warehouse on Cork's Centre Park Rd in 2020. File picture Dan Linehan
The owners of Cork’s Marina Market have lodged a detailed appeal with An Bord Pleanála against last month’s planning refusal, insisting the issues can be resolved with practical solutions on the ground.
CPR Properties has indicated its willingness to help design or part-fund some of those solutions and said the reasons for refusal should not prevent a “key planning gain for Cork City”.
It set out its position in an appeal against Cork City Council’s decision last month to refuse permission for retention of the change of use from warehouse and distribution to a market and food emporium.
The market is operating as normal as the planning appeals process unfolds.
Marina Market was established without planning permission in the former Southern Fruits distribution warehouse in September 2020, during the pandemic, with just three units.
It has expanded to become one of the city’s most popular destinations, employing more than 300 people, and attracting thousands of visitors each week.
CPR says it always accepted that its planning status would have to be regularised and it began engaging with Cork City Council from May 2021, which in turn led to the planning application last January.
The Doyle Shipping Group (DSG), the Port of Cork, and the Health and Safety Authority (HSA) were among those who made submissions.
DSG said it had no objection in principle to the market, but said it had led to “very significant operational issues and conflicts” on Kennedy Quay, a working port area.
The HSA flagged concerns about the market’s proximity to the Gouldings Chemicals facility on Centre Park Rd — a designated COMAH (control of major accidents and hazards) site since 2006.
In refusing planning last month, council planners cited public safety on Kennedy Quay and the market’s proximity to the COMAH site as key factors.
Zones radiate from COMAH sites determining what form of development is allowed.
In its appeal, CPR says the fact that Gouldings has not relocated since its designation as a COMAH site in 2006 is a major impediment that prevents compliant land uses from operating in the south docks.
It argues that if the Seveso directive was correctly applied to the site, the market would actually fall outside the ‘middle impact zones’, rendering the council’s reason for refusal redundant.
It says that while much of the market is located in the ‘outer impact zone’, the HSA treated the entire site as if it was within the ‘middle impact zone’.
CPR insists it would be possible to modify and manage the market so that it complies with HSA requirements. It also argues that the installation of traffic, pedestrian, and cycling safety measures along Kennedy Quay is a matter for the council to resolve, but says it would be happy to either do the work or part-fund it.
CPR also points out what it describes as the council’s “inconsistent” approach to the market proposal compared to its treatment of two recent applications on Kennedy Quay, which it said will have similar effects on Kennedy Quay.
It points out that no improvement works along the quay were considered necessary by city planners when it was considering these planning applications.
It also states that CPR should not be penalised for the council’s failure to enforce its own traffic regulations in the area.
It is understood that many supporting documents and studies have been submitted in support of the appeal.
An Bord Pleanála is not expected to make a decision on the appeal before the middle of next year.
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