Dublin City Council has provided the first working definition of a sex shop under Irish planning law as part of a draft Special Planning Control Scheme for the O'Connell Street area.
The draft scheme, now open for public consultation, defines a sex shop as "a retail outlet which inter alia rents or presents for viewing sexually explicit printed material or films (including videos), clothing, sex aids and toys".
Anyone seeking to open such an outlet in the O'Connell Street area will be required to obtain planning permission, thus closing a loophole in the law that allowed Ann Summers, the British chainstore, to establish an emporium in the street.
Converting a restaurant/cafe to a fast-food outlet will also be deemed a change of use requiring planning permission, although the scheme notes that no locations in the O'Connell Street area are considered suitable for fast-food outlets or takeaways.
Notwithstanding the interpretation of "shop" in the 2001 Planning Regulations as a place "for the retail sale of goods", the conversion of a shop into a newsagents, convenience store, supermarket, off-licence or pharmacy will also require permission.
"No additional newsagents and/or convenience stores or fast-food outlets/takeways will be permitted on Lower or Upper O'Connell Street", the draft scheme says. Neither will ATM lobbies, Internet cafes, phone-call centres or amusement arcades.
Where such "non-desirable uses" continue to operate - and this also applies to fast-food outlets - the council "may require the owners/occupiers to implement a programme of works to eliminate the problems associated with such a use or to cease operating.
"If owners/occupiers persist in ignoring the urgent need to repair, restore or replace their shopfronts as required, then the planning authority may intervene and require owners/occupiers to implement an approved programme of remedial works," the scheme warns.
It is also an objective of the scheme to "seek the removal of a number of existing advertisement structures that detract from the architectural character of the area". These include the Bailey's, Windsor Car Hire and Irish Nationwide signs overlooking O'Connell Bridge.
Also targeted for removal under the scheme are the back-lit plastic fascia signs of the Ambassador and Savoy cinemas, the neon lettering of Funland on Upper O'Connell Street and the Broadway Amusements and Trivision signs on Lower O'Connell Street.
Given that the entire area has been designated as an architectural conservation area, the scheme says most work on the exterior of any building, whether listed or not, will require planning permission. PVC or aluminium windows will not be acceptable, it adds.
There will be a presumption in favour of granting permission for "higher-order retail units", such as fashion and lifestyle shops, niche and specialist retailers, and a presumption against permitting uses that detract from the essential character of O'Connell Street.
The purpose of the scheme, which has been prepared under Section 84 of the 2000 Planning Act, is to "guide private investment toward the creation of a busy, thriving commercial area that is in harmony with the street's architectural, cultural, civic and historic character."
Land use policies for the main thoroughfare will also apply to D'Olier Street and Westmoreland Street. In the case of D'Olier Street, it is an objective to seek the reinstatement of the ground floor of buildings occupied by The Irish Times as individual retail units.
The deadline for submissions on the draft Special Planning Control Scheme is May 14th. It will then go to the City Council for approval and will remain in force for six years, after which it will be reviewed. It is available on the council's website, www.dublincity.ie.