Councillors voted in favour of the changes for the former Ophir Tavern on Tuesday night, which include repairs to the kitchen and dining area, fresh kitchen equipment and a gas fireplace, wall demolition, internal alterations to the TAB and gaming area and a disability access ramp linking the dining room and the car park.

However, the report considered on the night pointed to “potentially illegal works” – taverns are not allowed in enterprise corridors, meaning while the hotel had existing use rights, internal works required council approval. 

The report said changes to cookery and servery arrangements also required consent.

“Complicating the issue further is that the works have been substantially completed without consent,” the report said.

“Council is prevented under the legislation from granting retrospective development consent to a complete new application, however, the Land and Environment Court has established precedent that permits retrospectivity for … modifications.”

The proposal was put forward as a modification to a consent from 2007.

Councillor Stephen Nugent queried how the work completed without consent would be dealt with and development services director David Waddell said general manager Garry Styles had asked for the Ophir Hotel to be included in a further report next month on whether to pursue illegal work. 

Publican Tim Ireson declined to comment, however planning consultant Andrew Saunders said the hotel had worked closely with the council and no orders had been issued.

“The building did come with some historic problems and they’ve done improvement works,” he said.

Mr Saunders confirmed the hotel owners were unaware the internal work required approval prior to starting.