CONTROVERSIAL plans to allow a Westbourne restaurant to use its rear garden for customers have been approved.

People living nearby to the Lazy Fox and ward councillors said the use “in such a confined area” at the back of the Seamoor Road business was “out of keeping”.

But BCP Council’s planning committee such a use by a restaurant, rather than for a pub or bar, was more acceptable.

The planning application was submitted at the end of last year as part of efforts by the restaurant to partly offset a reduction in indoor capacity brought about by the pandemic.

Its application proposed using the rear garden to provide an extra nine tables, although this was subsequently reduced to three with a 7pm limit.

“Due to the current Covid-19 outbreak the number of covers in the restaurant have been reduced and the new seating area will go some way to mitigate the impact of this,” a statement submitted with the planning application said.

“The current covers in the restaurant are 37 and in light of Covid-19 have been reduced to 20 covers to allow for social distancing and has a major impact on the viability of the business.”

But the application drew 17 letters of objection and was also opposed by councillors John Beesley and Nicola Greene who called it in for consideration by the planning committee.

Speaking at the committee’s meeting on Thursday, Cllr Beesley said there was “a risk” use of the garden area could create issues for the restaurant’s neighbours.

“Residents living in close proximity to the external area, particularly those with young children or those working shifts, will have harm caused to their residential amenity as a result of any external activity, at any time,” he said.

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Despite these concerns, planning officer Caroline Whiteman recommended the application be approved, saying the improved viability of the business outweighed “potential” disturbance issues for its neighbours.

And she was backed by the committee after an initial vote to refuse planning permission failed.

“I would have far more concern if this was for a pub and was specifically designed for drinking into the evening but it is a bona fide restaurant,” councillor Toby Johnson said. “The nature of what will happen in the back garden is far less onerous than some people fear.”

He added that the restriction limiting the use of the area to only three tables would further reduce any potential issues.

His motion to grant planning permission was backed by eight votes to five.