Enforcement action has been taken against a Derby restaurant over concerns raised about “loud and constant” noise.

A Shelton Lock resident told councillors she “felt like a prisoner” in her own home due to noise issues from extractor machinery outside the Hen and Chickens Bar and Grill, in Queensferry Gardens.

The worried resident spoke out as plans for necessary changes to the restaurant were considered at a planning committee meeting of Derby City Council. 

The Hen and Chickens Bar and Grill is located on the site of the former Crown and Arrows pub. Plans to convert the pub into a bar and grill were approved in 2021.

But a new application submitted last year sought amendments to the approved scheme, including revisions to the building elevations, site layout, changes to external materials, and the installation of plant and extraction equipment. 

However, a detailed report said the council’s environmental health chiefs had taken action against the restaurant due to the noise from extractors “causing a statutory nuisance”. 

It said: “Two flues have been installed on the southern elevation of the building without planning permission”.

The report added: “Environmental protection officers have confirmed that the current extraction system which is operating on the site is causing a statutory nuisance in terms of noise and odour, and an abatement notice has been served under Section 80 of the Environmental Protection Act 1990.”

An abatement notice, issued by local authorities, is a legally binding document  which can require the nuisance be stopped altogether or limited to certain times of day. 

The management of the restaurant were not present at the meeting but said afterwards improvements will be carried out “very soon” and it was “working closely with the relevant authorities to address the matter”.

Two residents opposed to the changes got the opportunity to speak about their concerns before a final decision was reached. 

Mrs Parker said: “I have had to move my office as the noise is constant. I couldn’t open the window as the extraction is on from 10am to 11pm every day.  

“I can’t enjoy my garden because of the flue. I’m having to keep all my doors and windows closed all the time which does have an impact on my mental health. 

“I feel like a prisoner in my own home due to this extraction.”

Fellow resident Ms Cooper said: “The noise and odour admitted from this machinery impacts our lives greatly from a day-to-day basis. 

“Regardless of the time of year – in the autumn and winter months when all of our windows are securely closed we can still hear the constant humming and vibration of the fans and the odour is still extremely pungent.”

A statement from the management of Hen and Chickens Bar and Grill reads: “We take all feedback from the council and local residents very seriously. Following the concerns raised regarding the extractor system, we have been working closely with the relevant authorities to address the matter.

“Planning permission for the necessary changes was granted only last week, and we are now moving ahead with the required works. These improvements will be carried out very soon, and we are committed to resolving the issue as quickly and effectively as possible.

“As a business, we value being part of the local community and always aim to operate responsibly and respectfully. We appreciate the patience and understanding shown while we implement these changes.”

Councillors agreed for the changes to be approved despite the concerns raised.

Councillor Sara Bolton said she wouldn’t like the extractor flues next to her home and Councillor Matthew Holmes wanted assurances from officers that any improvements would be closely monitored.

By Nigel Slater (Local Democracy Reporter)