The retailer Marks and Spencer (M&S) has appealed a decision by Tralee Town Council not to grant it a material contravention which would allow it set up in an existing retail park alongside the town.
The appeal to An Bord Pleanála was lodged before a further rejection by the town council this week, despite public outcry and protests in support of M&S opening an outlet in Tralee's Manor West retail park.
A decision is not expected from the appeals board for a number of months. In its submission, the British retailer points to the suitability of the retail park and also refers to the fact stores such as Tesco, Debenhams, Mothercare and TK Maxx already operate at the Manor West site.
The site is in the urban area and pays rates to the town council.
The submission also points to towns such as Drogheda, Naas, Newbridge, Dundalk, Sligo, Tullamore, Portlaoise and elsewhere where M&S stores in retail parks similar to Manor West are either being built or are in the pipeline.
However, even if An Bord Pleanála gives the go-ahead, it is not clear whether M&S will still consider Tralee, following the second rejection by the town council on Monday night.
Following a public outcry over the first refusal, the council met in private this week to consider inviting a resubmission of the plans for a 30,000sq foot, €6 million store employing 100 people.
A town centre food store employing a further 30 people was to form part of that resubmission, to allay fears for the town centre. However, the required two-thirds majority did not support the plans.
Afterwards, head of M&S in Ireland Neil Hyslop said he was very disappointed. He also accused councillors of reneging on previous commitments. He indicated M&S would now "move on" and were considering other locations including nearby Killarney.
Access was a key issue for a large M&S store and there simply was no opportunity now or in the near future for such a site in the town centre in Tralee, he said.
A material contravention was required because of the size and nature of the store and because the planning conditions for the retail park allow councillors a say in what goes in there.