BOTH the owner and the tenants of an Indian restaurant face prosecution over a decked roof terrace they’ve created in Chatteris.

Fenland District Council Planning Committee will be asked next Wednesday to give a green light to legal action to get the terrace at 8 Market Hill removed.

Gavin Taylor, planning compliance officer, says an enforcement notice has failed to work and now legal action is the only answer.

The council could also move in to remove the terrace and charge the owners, he says in a report to councillors.

Mr Taylor says the issue was first raised in March following complaints by nearby residents who watched the terrace being built.

“The proposal will lead to a potential for overlooking and noise and disturbance,” says Mr Taylor.

“The proposal does not seek to conserve or enhance the Chatteris Conservation Area by virtue of its design and location.”

Five recent applications for the property- known variously as Tandoori Palace and VK’s Nightclub- have been refused. They include a plan to use the lower ground floor for a flat, formation of a smoking area on the flat roof, and dormitory style accommodation in the lower ground floor for staff.

Mr Taylor said enforcement notices had been served on Abdula Hai of St Ives and Mr Viv Salisbury of Blackmill Road, Chatteris.