Indian takeaway refused planning for second time in six months

Jun 30 2011 by Gary Fanning, Hamilton Advertiser

AN INDIAN takeaway operating without consent for nearly two years has been refused planning permission for the second time in six months.

Detailed proposals to change the use of a restaurant to a hot food takeaway at Madras Cottage, 71 Church Street, Larkhall, was turned down by councillors on last week’s planning committee.

The Madras Cottage takeaway has been operating without planning consent for 18 months.

Now council chiefs will serve a new enforcement order to stop the premises trading as a takeaway.

Mr Khawar Javed Ali’s detailed application attracted a petition containing 26 signatures, two letters supporting the plans and 14 letters of objection.

The application was submitted following refusal for an identical application in December.

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 2009.

Despite access being initially refused by the applicants, it was subsequently established that a material change of use had taken place.

An application for a takeaway was submitted in March 2010 and subsequently refused in December 2010.

In February, 2009, council bosses rubbished allegations of racism levelled against them by the takeaway family operators.

The previous applicant was Squib Parnez.

Family spokesman Raz Parnez, who previously owned the Madras Cottage in the town’s Raploch Street which had to be demolished because of public safety, claimed representatives of the council were racist in their dealings with the family.

The applicant did not appeal the refusal and enforcement proceeding were initiated in respect of breach of planning control.

The Planning Service initially served a Planning Contravention Notice which was required to be completed by the land owner setting out the details of who has an interest in the site and its authorised activities.

This information is then used by the Planning Service to ensure that the Enforcement Notices are served on the correct individuals.

The owner did not reply to the Contravention Notice and therefore Enforcement Notices were served on individuals which the Planning Service and others had recording of having an interest in this site.

The applicant subsequently appealed the service of the enforcement notices and the Scottish Enquiry Reporters Unit determined to quash the Enforcement Notices on June 1, 2011, on the basis that the correct individuals had not been served.

As the appellants provided the required ownership/interest information to the Reporter, new Enforcement Notices will be serviced by the Planning Service shortly.

A Statutory Neighbourhood Notification was undertaken in respect of the proposals.

Residents and nearby businesses were mainly concerned about increased traffic levels, parking problems, noise, smell and rubbish from the takeaway.

The occupier of the flat above the proposed takeaway said they had no concerns or objections.

Of the 26 signatures on the petition of support, none were immediate neighbours of the application site.

Colin McDowall, executive director of the council’s enterprise resources, recommended that planning permission should be refused saying that it was contrary to the provisions of the adopted South Lanarkshire Local Plan and would be detrimental to the residential amenity of the area.

He added: “The 1997 Planning Act (as amended) clearly advocates that applications must be determined in accordance with the provisions of the Development Plan unless material considerations indicate otherwise.

“In this instance there are no other material considerations or sufficient weight or merit to set aside local plan policy and no justification has been provided for a departure to planning policy.”