The owner of a tearoom which has started serving pizza is asking a council to remove strict rules stopping her from selling takeaways.

Sadie Michell took over the Cosy Kettle in Hamstreet, near Ashford, in January 2020 and expanded her menu to include pizzas earlier this year.

But the process has not been easy as Ashford Borough Council planning conditions state that while she can serve them inside the shop, she cannot sell them as takeaways, a rule she feels is unfair.

"They said I would bring too much traffic to the area and it would put smells into the air they didn't want houses complaining about," Mrs Michell said.

"In February I got a yes to say I could make pizzas on site and I put the pizza oven in in April.

"I started to try and do pizza nights and we have been hit by the fuel crisis, the war in Ukraine affecting supplies, people having less money because of electric bills, and it got to the point where not being able to do takeaways I felt was going to be extremely detrimental to my business.

"The upsetting part about smells in the air is that opposite is a curry house which is allowed takeaway, a shop that is allowed to open from 6am to 10pm, down the side is a fish and chip shop and a pub, all able to do takeaways, but here I'm not allowed.

"And the council allowed a pizza wagon to sell pizzas one Friday a month at the car park down the road, so you can imagine it's frustrating that they can do that and I'm not allowed to do takeaways.

"When I bought this place, I had to apply for permission to bake on site, then I had to get an alcohol licence, then permission to do pizzas and open later, and now it's takeaways."

Mrs Michell's application has been backed by Weald South Cllr David Ledger (Ashford Independent) who has described The Cosy Kettle's situation as a "planning anomaly".

“It was unfortunate that a number of delays got in the way, but at last the Cosy Kettle should get their wishes realised putting right a planning anomaly," he said.

"I have been delighted to support Sadie and her team who provide a wonderful service to Hamstreet residents and beyond.

"It has been very frustrating, but I'm hoping a positive solution is now within grasp.”

A spokesman for Ashford Borough Council explained that approval was given in February 2014 for change of use from A1 retail to A3 cafe shop/tearoom.

Then, in September 2020, permission was granted to remove a condition in the original application to allow for on-site food preparation/cooking.

The authority says further variations were allowed in February this year for the opening hours to be extended until 11pm and for pizzas to be cooked.

A spokesman added: "The original planning permission stated that no primary cooking of unprepared food should be carried out within the premises.

"Only cold food, or re-heated food that has been prepared elsewhere, should be served on the premises.

"This condition was to prevent the emergence of an unrestricted A3 use requiring the installation of a flue, which would potentially have a harmful impact upon the character and appearance of the conservation area.

“It was also considered that the nature of the cafe and the type of food and drink that was proposed to be served on the premises would not require an extraction system that could generate intrusive cooking odours on immediate neighbours.

“Subsequent planning applications in 2020 and 2022 sought to amend conditions to allow some small scale baking on the premises for dine in and takeaway and also included pizza that the applicant stated would only be consumed on the premises.

"Following approval of these applications the applicant has now decided that she would like to offer takeaway pizza and was therefore advised by the council to make a further planning application.

“The applicant has not been told that she cannot serve takeaway pizza, but that she needs planning permission to do this.

"The applicant has now submitted a planning application to introduce a pizza takeaway service, which is currently under consideration.

“It should be noted that the existence of a similar service operating nearby does not provide a justification for allowing a comparable service in close proximity.

"Each planning application is considered on its own individual merits and in terms of its impact on the visual and residential amenity of the locality.”

A decision on the application is yet to be made.