Beer garden intensification impact concerns rejected

In striking down an enforcement notice directed at a pergola, six timber sheds and a barbecue shelter at a beer garden associated with a public house in west Yorkshire, an inspector decided that while it had led to complaints from neighbouring residents, the development had not significantly raised noise levels.

There was little doubt that the sheds in particular had attracted more customers into the beer garden close to residential properties which lay between 12 and 20 metres distant. But, the beer garden was long established the Inspector held and there was some merit in the appellant’s claim that if the enforcement notice was upheld, tables and chairs could be sited on the land without requiring permission. The appellant had agreed changes to the premises licence which required the beer garden to be cleared of customers by 9pm each day and requirements for members of staff to monitor activities within the area. These controls while not intending to duplicate the planning regime ensured consistency of approach the Inspector held. The development had not materially increased noise levels nor over-looking or anti-social behaviour and the appeal was allowed.

Inspector: Grahame Kean; Hearing

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