A north Dublin food truck in operation since the Covid pandemic has been ordered to close after failing to secure planning and losing a subsequent appeal.
Damien Smyth opened La Papessa Pizza in the car park of St Colmcilles GAA Club in Swords. He claims he should be entitled to remain open as the zoning on the car park is “community infrastructure”, which, he argues, ought to cover his business.
However, Fingal County Council has rejected his request for planning, telling him in a decision last October that his operation was a fast-food outlet, or takeaway, and that granting permission would “set an undesirable precedent”.
That decision was backed by An Coimisiún Pleanála on appeal in March and, as a consequence, Smyth has been served with an enforcement notice by the council to close.
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But he has not shut up shop yet, over concerns he will lose his customers and is holding out hope for some reprieve in the interim.
The closure notice has led to a groundswell of support from the local community, with almost 4,000 people signing a petition to keep the popular pizza food truck open.
Smyth said it was “heartbreaking” being forced to close.
“This is not a side hustle. This is our family business,” he said.
The pizza truck is one of a number of food trucks that opened during the pandemic and have been forced to close. Another is Black Box Barista, a coffee truck, which operates from the same car park.
They are among a number of food trucks that popped up during the pandemic but that do not fit neatly into the rules, said Fine Gael councillor Luke Corkery.
“It seems there is no real policy or framework around how to manage businesses like that,” he said.
Smyth said he was originally told verbally by someone in the council’s planning office that he did not need to apply for planning. Ross Smith, who founded Black Box Barista, said he was told the same.
Smyth disputes the idea they do not fit the definition of “community infrastructure”.
“To say that we’re not a benefit to the community, that’s probably more insulting than anything else,” Smyth said.
He pays tax, rent, above minimum wage, pension and sponsors local events, and said the local support they have received shows their popularity in the community.
The GAA club’s secretary, Marian O’Neill, also disagreed with the planning decision.
“The service that La Papessa Pizza offers now is very important to us and the greater Swords area. The land is zoned community. That’s what Damien is offering, a community-based business, hiring local people and supporting community-based clubs,” said O’Neill.
The club has supported the business “growing from his small horse box to the newer unit he has today”, she added, pointing out that when they built their clubhouse there was “very little in this area”.
Smyth hopes he will have time to find a solution before he receives a summons to appear in court.
Asked about the decision that is leading to the closure of the food truck, the council said “all relevant matters were considered” by the local authority and the council had “nothing further to add” following An Coimisiún Pleanála’s decision.
One day last month, regular customers at La Papessa Pizza expressed their own disappointment.
“We use it a lot. So obviously, we’re quite disappointed,” said Gary Shields.
“I’ve been here for the past almost three years, and this is my comfort food,” said Lebopo Lekoma, collecting takeaway.
“I really like the family-run business. And it’s quite sad they’ll be closing down.”
