A PIZZA restaurant owner in New Quay has successfully appealed against a council enforcement notice that said he was unlawfully opening too late, and letting customers take out food.

Ceredigion council said the late opening and takeaway were “contrary to the planning permission” of Oven and Shaker Pizza on Margaret Street.

Owner Sebahattin Ozten appealed against the enforcement notice and, after a hearing last month, the Welsh Planning Inspectorate found in his favour.

Ceredigion council said “the property is open for business after 9pm from Monday to Sunday” and that “the premise is being primarily used for take-away business with limited restaurant use.”

Inspector Richard E Jenkins, who heard the case, said: “The council contends that a takeaway use would cause material harm to the living conditions of the occupiers of neighbouring residential properties, with particular reference to the levels of noise and disturbance associated with a takeaway use.

“Nevertheless, it was clear at the time of my site visit that the area incorporates a mix of uses, including a number of commercial uses within close proximity to the appeal site.

“Moreover, having regard to the levels of noise that would be associated with the lawful use of the premises as a café/restaurant, I do not consider that the levels of noise and disturbance would be so materially different that a take away use should be restricted on that basis.”

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