Rejected plans for a roof terrace beer garden at a Strathearn pub have been approved by Scottish Ministers.
Perth and Kinross Council kicked out a bid by brewery giant Belhaven for a new outdoor area at its Square Bar in the centre of Crieff.
Planners said there was “do doubt” residents living directly above the C-listed establishment – formerly The Caledonian Bar – would be disturbed by the noise from revellers.
There were concerns the expansion could lead to a rise in antisocial behaviour.
Belhaven Brewery launched an appeal to the Scottish Government, arguing planners had originally backed the scheme subject to restricted opening hours.
The company also said the outdoor area, on top of a ground floor extension at the back of the property, was only likely to be used in good weather.
Now the government’s Planning and Environmental Appeals Division has given consent. Robert Seaton, who led the inquiry, has ruled the area can only be used between 10am and 6pm.
He said: “I have no doubt that there is potential for an adverse effect upon the flats above the proposed development as a consequence of noise.
“In my view, the proposed condition restricting hours of the development’s use would limit the impact of noise to less sensitive daytime hours, when residents will tend to be awake and active.”
He agreed there was a potential for antisocial behaviour, but said it would be less of an issue given the daytime opening hours.
“The licensing regime would play a role in restricting and containing antisocial behaviour, should any pattern of it arise,” Mr Seaton added.
He said there was likely to be an “occasional” issue with cigarette smoke to upstairs neighbours, but suggested “such impact could be addressed by closing a window”.
No one at the pub would comment on the outcome.
In its submission to appeals officers, the council stated: “It is important that there have already been existing complaints from the flats above the pub in respect of amplified music from within the premises.
“If the proposed outdoor area is permitted to operate there will be no barriers to prevent noise being heard in and significantly affecting the residential amenity of the flats above.”
