A restaurant has won the right to turn a private garden into an al fresco dining space after councillors said it was essential to survive in post Covid times.
The owner of Main Course, Gullane, applied to East Lothian Council for a change of use of the domestic garden which belongs to the flat above their business, to an outdoor seating area for the restaurant.
However neighbours objected, with one dad of two young children saying smoke from the area 'wafted' into the youngsters' bedroom if the window was open.
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And another neighbour argued it did not fit the character of the conservation village which was "quiet and respectful of neighbouring properties" asking councillor how they would feel if a beer garden opened next to their homes.
Applicant Luciano Crolla owns both the flat and the restaurant business, and first used the garden for outdoor dining in July 2020.
A virtual meeting of the council's planning committee was told that at the time local authorities were encouraged to relax rules on hospitality businesses to support the impact of Covid on them.
The use only came to planners attention when a large marquee was put up sparking complaints from neighbours.
The marquee is no longer in use at the site and planning officers recommended councillors approve the change of use of the garden to outdoor dining saying it was in line with council policy.
The committee was told by planning chief Keith Dingwall the change was a "natural extension of a well-established business in the village".
The meeting heard there had been 20 objections to the change of use lodged complaining about the impact of noise, lights and smells from the outdoor area on surrounding private gardens.
Gullane Area Community Council also raised concerns over the potential impact of noise and odour nuisance on neighbours.
Local resident Clare Walker urged committee members to reject the change of use.
She told them: "This is a massive change of use not just a natural extension of a business."
She added: "This development harms the character of this conservation area.
"The neighbourhood is currently characterised as quiet and respectful of neighbours privacy and amenity of their property."
And neighbour David Lees, who lives next door to the garden said he and his young family faced noise, including swearing, smells and smoke intruding on their home and garden.
He told the committee: "My two daughters' bedroom is a metre away or so from this garden area and if the window is open there is significant smoke wafting into it and into our garden."
Councillor Jeremy Findlay, ward member, who called in the application after planners recommended it for approval urged the committee to refuse permission.
He questioned whether conditions imposed by the council to control impact on neighbours, including restricting times the garden would be used and lighting, would be enforceable.
And he cast doubt on claims the area was essential for the business post lockdown.
Mr Findlay said: "This was a successful business before Covid, it does not need this outside area to survive.,"
Planning convenor Norman Hampshire, however, disagreed saying hospitality businesses across the county had changed due to Covid and many people now preferred to eat outdoors saying " this is going to be a trend going forward".
Councillor Hampshire said: "If this business is going to survive long term it does have to have outdoor space."
The change of use was granted on a temporary one year basis.
A second application for a canopy roof in the garden area, also applied for retrospectively, was also granted.
