McDONALD'S has launched a detailed appeal against Dublin City Council's decision to reject its plans for an outlet in Temple Bar, the Herald has learned.
The company lodged the appeal against the decision on September 29 -- almost a month before the closing date set by An Bord Pleanala.
The appeal -- seen by the Herald -- rejects all of the council's grounds for refusing its application and includes a detailed legal opinion from a member of the Senior Counsel.
The appeal questions whether the application was rejected due to the "perception" of the effect a McDonald's outlet would have on the surrounding area.
It states: "It appears that the principle obstacle to the subject development is perceptions of the proposed end user.
"Would a different result have been achieved if the planning application was silent on the proposed end user?
"We strongly submit that it is the use that should be assessed -- not the end user."
And the company also rejects the decision that it would sell alcohol if granted permission to open in Temple Bar.
A number of objections to the original planning application raised concern about the alcohol licence held by the previous occupants Frankie's Steakhouse and Bar.
Temple Bar Cultural Trust stated in their respective objection: "Given that McDonalds sell beer in their outlets in many countries on the continent of Europe, Temple Bar Cultural Trust are concerned that the operator may seek to apply to transfer the restaurant licence currently in place in the existing unit."
However, McDonalds completely ruled out the prospect of serving alcohol in its appeal, stating that it would "extinguish" the alcohol licence that is currently in place if An Bord Pleanala overturns Dublin City Council's decision.
And McDonald's also fired a shot at Temple Bar Cultural Trust, claiming that "any congestion on the Square has resulted from outdoor seating leases issued by Temple Bar Cultural Trust".