A Chinese restaurant can remain open in a popular seaside resort until 3am, An Bord Pleanála has ruled.
Ernest Wong has been successful in his appeal against a Kerry County Council decision to refuse planning for late opening of his restaurant/takeaway at East End, Ballybunion.
He had sought to extend his business hours, which had been set from 12 noon to 12 midnight, from 12 noon to 3am, and claimed a minibus stop in the area was more disruptive to local amenities than a takeaway.
Mr Wong argued other Ballybunion takeaways were allowed open until 3am and businesses had to take advantage of a short tourist season to make a living.
There had been a complaint to the planning authority about takeaways opening too late in Ballybunion, with noise after 2am and refuse bins being emptied on the streets.
Mr Wong said the complaint was from a person not living near his Glee Path premises, adding he had operated a takeaway three doors away, until 2012, and never had any trouble with customers there.
A Bord Pleanala inspector noted that the Glee Path was an in area of Ballybunion with town centre zoning and, in his view, later opening would not injure local amenities, or lead to depreciation of residential property.
A letter from local gardaí, whose station is across the street, said they had no reports of anti-social behaviour at the East End premises and the letter was also noted by the inspector.
The appeals board agreed with the inspector’s recommendations that planning be granted subject to a number of conditions, including a provision that no amplified music should be audible outside the premises.
Also, closing on Sundays will have to be at midnight.
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