A POPULAR town centre restaurant and bar is appealing after district planners failed to back the retention of a roof-top area as a late-night smoking shelter. Earlier this year, enforcement action was taken out on the owners of 11A Church Street after EDD

A POPULAR town centre restaurant and bar is appealing after district planners failed to back the retention of a roof-top area as a late-night smoking shelter.Earlier this year, enforcement action was taken out on the owners of 11A Church Street after EDDC officers received complaints from neighbours that the area was being used outside its original remit and without planning permission.The area originally received permission in 1985 for use by patrons, but not as a smoking shelter and not after 9pm.The enforcement action forced the owners to apply for a change of conditions - but this retrospective application failed last month, leading to the current appeal.Resident Rachael Johnson, of Upper Church Street, told Exmouth Town Council: "...residing directly opposite, I am already experiencing noise issues with the bar and restaurant - and the use of the roof patio would only increase these problems. "I feel this proposal has been created for the sake of the smokers - and I will be disappointed and angry if their case...is given priority over residents' requests for peace and quiet during unsociable hours."Cllr Eileen Wragg said: "While I have some sympathy for businesses trying to make money following the smoking ban, it is totally unacceptable for residents to be disturbed."Representations in favour or against the appeal must be received at EDDC's offices by July 17.