1A Ellis Street, Kirkby in Ashfield

appeal 6011598·Ashfield·25 August 2026allowed
Decision
allowed, 25 August 2026
Decided by
Planning Inspector: Richard Snow
Authority
Ashfield (East Midlands)
Appeal reference
6011598
Application reference
V/2025/0437
Procedure
written representations
Development
Change of use of restaurant (Class E) to drinking establishment with expanded food (sui generis), later opening hours
Site context
inside settlement
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
DM6
Development plan policies
Ashfield Local Plan Review 2002 ST1
Main issues
noise and disturbance

Summary

Town-centre restaurant to late-night bar. Allowed with conditions on hours, closed doors and windows during music, and a staff-only first-floor flat. The Inspector held that an occupancy restriction on the flat "would meet the tests in the new Framework, including its enforceability" (DL ¶11). The Framework changes were "not material" (DL ¶4).

What made the difference

A town-centre location with other late venues, an acoustic report the EHO accepted, and a staff tie on the only directly affected dwelling. Licensing and noise abatement remain available for poor management (DL ¶15).

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
P3(2)(b)passtown-centre context, acoustic report, EHO no objection; hours aligned with other venues (DL 7-16)
DM6passcondition restricting first-floor flat to staff meets the "tests in the new Framework, including its enforceability" (DL 11, 17-20)

Key facts

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.