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Development Control - 16/12/98


V26-1188 : SOUTHERN FRIED CHICKEN, 38 BRIDGE ROAD, LOWESTOFT

TEMPORARY OPENING HOURS

The report of the Director of Planning and Building Control reminded members that, following an appeal decision, a condition of planning permission W15867 stated that the above premises must close at 12.00 midnight for take-away sales or sit down meals. The owner had since tried to extend the hours both officially and unofficially, although the situation had stabilised recently with an understanding between proprietor and Council that 12.00 midnight was not negotiable.

The owner had often made the case that other nearby pubs, clubs and takeaways were permitted to open later. This was due either to the existence of ancient permissions with more generous hours conditions or even none at all.

Although no general extension of hours at 38 Bridge Road was acceptable, the Director felt it a reasonable exception to grant a request to open until 2.00am on Christmas Eve and New Years Eve only. This was on the grounds that these were the only special nights in the annual calendar when the vast majority of people were celebrating in one form or another. It was not seen as altering in any way the presumption against late opening in this mainly residential area.

Members were divided in their opinion, as any compromise with the applicant might be seen as a precedent for other concessions.

RESOLVED

That condition 2 (as amended) of permission W15867 be amended further to permit the opening to the public of the hot food takeaway and restaurant, at 38 Bridge Road, Lowestoft until 2.00 am on the morning following Christmas Eve and New Years Eve as a limited exception to the overall restriction to 12.00 midnight closure.

Volume 26 Minute 1188

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