RESTAURANT owner Mark Coles has won an appeal against a refusal by Kennet District Council to grant him retrospective planning permission for rooflights in an extension to his Kingsbury Street premises in Marlborough.
However, while planning inspector Dennis Davey said the roof lights can remain, he stipulated they must be kept permanently closed.
The roof windows provide natural light to an extension of the dining area at the popular Coles restaurant.
Neighbours had expressed concern that noise from the restaurant would be heard through the windows, which were not part of the original plans to extend the premises.
Mr Davey said: "In relation to the potential for noise emanating from within the extended restaurant, I have no doubt, if the windows were to be opened at times when the rear dining room was in use, that there is every likelihood that the noise inevitably produced by customers from within the restaurant, without their behaving in a rowdy manner, would be readily heard by adjacent residents both within their homes and in their sitting out areas."
He said he fully accepted "that taped music and live bands are not associated with the restaurant" but said the level of noise created by customers would in his assessment "be likely to be unacceptably intrusive and harmful to the living conditions of local residents".
Mr Coles said he was glad that the inspector had taken both sides of the issues into consideration. He said fittings would be put on the rooflights to prevent them being opened.
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