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A pub in Morecambe has applied to the city council to have changes made to new planning conditions which restrict hours of opening and playing music.

A condition placed on retrospective approval for outdoor seating pods at The Owls Nest in Bare says that the use of the beer garden must not extend beyond 11pm on any day and amplified or acoustic external music must not be provided.

However, the applicant has asked for this to be amended, saying it is not relevant to the application it was attached to.

The now approved application sought retrospective planning consent for 10 outdoor seating pods located to the rear of the site within the curtilage of the Owls Nest beer garden.

The Owl's Nest in Bare, with the new outdoor pods. Photo: Google Street View

A previous appeal was dismissed, with the inspector saying the pods did not harm the character and appearance of the area and were considered acceptable in terms of impact on the living conditions of nearby residents.

Planning policy advises that existing businesses should not have unreasonable restrictions placed on them as a result of development permitted after they were established.

Stuart Booth, acting on behalf of the pub, said in a letter to the council: "It appears that this has now occurred, as the condition imposes a restriction not just on opening hours but also on the playing of music, seemingly related to the public house and not just the seating pods to which the planning application related."

This condition was not discussed with the applicant prior to issuing the decision, so no opportunity to comment on how it would impact on the operation of the existing business was provided, Mr Booth said.

The council also did not recommend a condition to the Planning Inspectorate during the course of the appeal that dealt with the outdoor seating pods on the site.

The inspector did comment with regard to noise, but suggested other legislation such as Environmental Health could be used by the council to regulate noise.

"We consider the part of the condition relating to noise is unnecessary, as the inspector highlighted this would be dealt with under separate non-planning regulations," Mr Booth added.

"It is also unclear how the condition is relevant to planning and the development to be permitted, as the wording relates to areas beyond the seating pods that were applied for."

Morecambe pub in bid to have music ban lifted