Developer Seán Dunne says D4 Hotels and D4 Stores do not believe that they have contravened any planning laws in relation to the opening of D4 Stores at the D4 Hotels Ballsbridge Inn and Towers Hotels.

Dublin City Council issued a warning letter to Seán Dunne, saying a new supermarket, D4 Stores, that is being operated by Dunne’s wife, Gayle, in the former Jurys hotel, saying the supermarket does not fall within the planning permission for the site and that enforcement proceedings could follow.

In order to comply with the planning regulations, Dunne would have to apply to the council for “change of use” permission to change the hotel to a supermarket. However the site is zoned “Z1 - Residential” which allows a small-scale local shop, but not a supermarket.

The site is adjacent to the Lansdowne Road rugby stadium and in the past, the two hotels - - Jurys and the Berkeley Court - -  regularly held large-scale functions.

Seán Dunne says permissible uses under the Z1 zoning include a neighbourhood shop. The Dublin City Development Plan confirms a neighbourhood shop as being one which primarily serves a local community and walk-in population, and does not generally attract business from outside that community. Historically, a number of retail units including convenience stores in both hotels existed on these properties up to July 2007 when D4 Hotels took possession of the properties. As such, an established retail use existed on the site which dated back for over 30 years. No new entrance has been created and no interference has taken place with the façade of the existing structure. D4 Stores fully complies with current building regulations and fire safety requirements. The internal modifications which took place did not require planning.

Dunne said his planning consultants, confirm that where retail space is consolidated within an existing hotel there is no requirement that it needs to be in the same place or for it to be a similar size. D4 Stores is a convenience store not a supermarket, it is primarily ancillary to the hotel and for the use of over 1000 customers who use the hotels on a daily basis. D4 Stores is a valuable addition to the hotels and the neighbourhood. In relation to the Off Licence, D4 Hotels and D4 Stores wish to confirm that they are licensed to carry on the business of a; “RETAILER OF SPIRITS AND TO SELL BY RETAIL ANY INTOXICATING LIQUOR for consumption on or off premises.”

D4 Hotels therefore fully comply with the Liquor Licensing Laws. D4 Hotels confirmed today the receipt of a letter under Section 152 of the Planning & Development Act 2000 and believes it will satisfactorily answer the queries raised in this letter to the planning department of Dublin City Council. A detailed response is being prepared and will be submitted within the next 4 weeks. D4 Stores says it has created an additional 15 new jobs which are badly needed both in the area and in the economy. It is intended to open DeliD4 within the next 4 weeks which will create an additional 6 full time jobs, and an additional service for hotel guests and locals.

Gayle Dunne said today: "I am disappointed to discover that certain local politicians are creating unnecessary, self serving histrionics about the opening of D4 Stores.

‘Entrepreneurship, investment and job creation are essential to the economy and should be encouraged. The opening of D4 Stores ticks all of these boxes.

‘We also believe we are fully compliant with planning and licensing laws and we thoroughly investigated compliance with these issues prior to opening.

‘As the name of the shop indicates, D4 Stores is not a supermarket, it is a convenience store. Neither is it a discount outlet, but we do offer a good proportion of value for money and discount products in store. We are proud to be buying Irish from Irish suppliers. We are delighted with the support D4Stores has received from hotel guests and locals."