Chichester’s Wildwood has been ordered to remove its downstairs kitchen within the next six months.
The restaurant in Southgate has lost part of an appeal against an enforcement notice from Chichester District Council, re-issued in August 2018, to remove the kitchen as ‘inappropriate commercial use’ of the storage area.
Enforcement action had previously been threatened in 2016, with Wildwood’s application for retrospective planning permission refused in autumn 2018.
Read the original story here: Restaurant appeals order to rip out kitchen of Chichester outlet
‘Kitchen’ written on plans
Deciding the appeal, a planning inspector did accept that the restaurant company had ‘always intended’ to use the ground floor extension area as a kitchen, and annotations on planning documents for a ‘kitchen’ in that location.
But the inspector found that these factors did not ‘weigh heavily’ in favour of the development, as there was never a formal change of use of that space to legally allow a kitchen.
She noted complaints from a neighbour, whose house backed on to the restaurant, who could not sleep due to noise from the ventilation in the kitchen.
The appeal reported added: “Whilst the legitimate expectations of residents in a city centre location will be different to those in a quiet residential area the noise and odours described adversely affect the day to day enjoyment of the dwellinghouse to an unreasonable degree.
“Whilst I recognise that the council has stated that there may be appropriate engineering solutions and that the Appellant believes this to be the case there is nothing before me to enable me to conclude with any certainty that effective mitigation is possible.”
Tasty PLC, the parent company of Wildwood, did successfully appeal for a longer timespan to comply with the enforcement notice of six months rather than four.
It argued that six months would be needed to convert its first floor preparatory kitchen into a full kitchen and secure appropriate permissions.
Appeal decision APP/L3815/C/18/3212527