Terrace plan for cigarette users goes up in smoke

FENLAND businessman Viv Salisbury faces possible legal action after converting the roof top of an Indian restaurant into a smokers’ terrace.

Nigel Brown, development delivery manager for Fenland Council, says using the area as a smoking shelter “will lead to issues relating to noise and disturbance”. It would also overlook neighbours and “does not enhance the conservation area”.

The council has refused permission for the smoking area above the Tandoori Palace on Market Hill, Chatteris, and is now considering whether it is “expedient to commence enforcement proceedings to remove the unauthorised structure”.

Mr Salisbury countered by claiming the terrace cannot be seen from the front elevation of Market Hill and the materials used “are generally timber which is in keeping with conservation areas”.

Mr Brown, however, reports the council has received several letters of objections and problems have already been encountered regarding the throwing of litter from the roof top.

Keeping it open to the public until 1.30am “will present cause for complaints relating to noise and disturbance” and Mr Brown says he’s also concerned about the safety of the access stairs. These, although not strictly a planning issue, “cannot be ignored when assessing this application.”

Mr Salisbury has been told he has six months in which to appeal against the decision.