Michael McDowell (Independent) | Oireachtas source

Section 7(e) states that a material change of use includes "in respect of premises used for retail purposes, a change in use from a prescribed retail purpose to another prescribed retail purpose". Why does a change of use have to be from one prescribed use to another? For instance, if we do not want there to be an absolute right to run a fish and chip shop, why does it matter what kind of retail use it had in the first place? It could have been a shoe shop or a car rental agency. It seems this is a needless provision in the section whereby, first of all, the Minister has to prescribe uses and then has to decide that a change from one prescribed use to another requires planning permission. For example, if it were proposed to change a fish and chip shop back to a shoe shop, and both were prescribed, there would be a big problem. Maybe the Minister of State will explain why it is that a retail premises' first user has to be a prescribed user before the restriction on change of user comes into effect?