Plan to turn Ashby bungalow into an 'out of town' restaurant gets the go-ahead despite objections

By Graham Hill 5th Feb 2024

The bunglalow (centre of photo) is between Bluestone Gym and the Ivanhoe Fields estate. Photo: Instantstreetview.com
The bunglalow (centre of photo) is between Bluestone Gym and the Ivanhoe Fields estate. Photo: Instantstreetview.com

Plans to turn a bungalow on the outskirts of Ashby into a restaurant have been given the green light - despite objections from local residents and the Town Council.

An application to convert the building into a restaurant with an outdoor seating area and car parking was first made almost four and a half years ago, by Mr M Dalby of Coalville.

The building - called Rotherwood Bungalow - shares a site with the Bluestone Gym off Smisby Road.

But scheme caused a number of complaints from residents as the house backs onto the Ivanhoe Fields estate, and is in close proximity to a number of homes in a nearby cul-de-sac.

The planning statement which accompanied the 2019 application said: "Careful consideration has been given to the proposal to deliver a high quality development in design terms and to minimise impacts on residential amenity.

"It is proposed that the restaurant will provide 78 covers with the added potential for outdoor dining.

"The proposal includes the external dining area to the proposed balcony referred to above, as well as, an external dining area located to the rear (south) of building.

"The use of these areas will be weather dependant but offer customers the opportunity to dine al fresco.

"The existing vehicular site access from Smisby Road will be utilised - 30 car parking spaces are proposed to serve staff and customers to the restaurant and are located in the area of the site already laid to hard standing.

"In order to improve the setting of the site, it is proposed that the car parking will be re organised to allow provision for on site landscaping."

But Ashby de la Zouch Town Council's planning committee also said last September that the siting of the proposed restaurant was not suitable as it took footfall away from the town centre.The Town Council raised the following concerns with North West Leicestershire District Council:

  • Incompatible use (the restaurant is very close to large housing estate) 
  • Loss of privacy to nearby residents and odours from the kitchen 
  • Noise - from extractor fans as well as customers 
  • Also, as per the Ashby de la Zouch Neighbourhood Plan, Ashby is and will remain a retail, leisure and service Town Centre.

A letter to North West Leicestershire District Council also pointed out there is space available in the town centre for new restaurants.

Ward councillor, Murrae Blair-Park, wrote a letter to NWLDC in August stating: "I wish to object to the change of use of these premises.

"There are significant objections from local residents, as it backs onto domestic accommodation and the operational hours and extraction system will create significant noise levels for them.

"There will also be a significant increase in commercial wastewater and I am led to believe that at present, there is insufficient capacity to handle this increase. There is plenty of suitable premises in Ashby for the addition of a new restaurant."

But council planners have permitted the scheme, with the following conditions:

• There shall be no business or trade and the restaurant hereby approved shall not be open (other than cleaning or office work) before 9am and after 11pm Monday to Sunday or bank holidays;

• There shall be no emptying of bottle bins or other noisy activities taking place within the bin store area past 9 pm Monday - Sunday;

• There shall be no manoeuvring, loading and unloading of heavy goods vehicles on the site prior to 9 am and after 10 pm Monday to Sunday;

• All outdoor seating shall not be used prior to 9 am and after 10 pm Monday to Sunday.

The District Council also says that the flat roof areas of the extensions shall not be used as a balcony, roof garden or similar amenity area without the prior written consent of the Local Planning Authority.

This is to avoid the possibility of overlooking and preserving the amenities of residents.

     

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