Controversial Indian takeaway ordered to close as retrospective planning permission is turned down

Dec 16 2010 by Gary Fanning, Hamilton Advertiser

AN Indian takeaway operating in Larkhall without consent has been ordered to shut up shop after being refused planning permission.

The retrospective planning application from Squib Parnez to change the use of a restaurant to a hot food takeway at 71 Church Street has been turned down.

Councillors gave the thumbs down to the application at Tuesday’s meeting of South Lanarkshire Council’s planning committee.

Mr Parnez has been operating the Madras Cottage takeaway without planning consent for almost a year.

The site had two previous refusals for a hot food takeaway.

Planning chiefs launched a probe after being alerted that the premises were being used as a hot food takeaway.

Several site inspections were undertaken in November and December of last year. Despite access being initially refused by the applicants, it was subsequently established that a material change of use had taken place.

Accordingly, correspondence was issued to the applicant, requesting the submission of a planning application for the change of use.

In February, council bosses rubbished allegations of racism levelled against them by the takeaway owners. Family spokesman Raz Parnez claimed representatives of the council were racist in dealings with the family and said they did not need planning permission as the premises, formerly the Handhi Authentic Indian Restaurant, had already been serving hot food.

The family previously owned the Madras Cottage in Raploch Street and these premises had to be demolished as a matter of public safety along with Hair Studio and several other properties in 2008.

After an application was lodged for change of use at the Church Street premises, a statutory neighbourhood notification was undertaken and nine letters of representation from nearby residents and businesses were sent to the council.

They were concerned mainly about increased traffic levels, parking problems, noise and smell from the takeway and that it was operating without appropriate permission.

The council’s roads department advised that the proposals should be refused as there was no car parking associated with the property and no provision for car parking in Church Street.

Colin McDowall, executive director of the council’s enterprise resources, recommended planning permission be refused and that appropriate enforcement action should be taken to ensure the unauthorised use of the takeaway ceases.

“It is considered the proposal for retrospective change of use from a restaurant to a hot food takeaway would be contrary to the provisions of the adopted South Lanarkshire Local Plan and would be to the detriment of the residential amenity of the area,” he added.

“It should be noted that a number of similar proposals in similar circumstances have recently been refused by the council.

“These decisions have been upheld both at appeal and by the Planning Local Review Body.”