Plans for a new takeaway in Halifax were turned down despite no-one objecting to them and support from a ward councillor.
Mrs Ayesha Shaheen applied to Calderdale Council for permission to change the use of 51 Hanson Lane from A1 use (shop) and C3 use (dwelling house) to A5 use, a hot food takeaway with a dormer to the front of the building.
Planners said that because the site lies within the Peoples Park Conservation Area, which is an area of particular importance as a designated heritage asset, approving change of use would not be appropriate under planning rules.
They believe issues with the placing and appearance of a flue and unacceptable loss of amenity caused by odour, noise or other problems also mean it should be refused, despite the premises being empty the moment.
Councillors on the council’s Planning Committee agreed to turn down the application after quizzing environmental health officers about noise and impact from the flue and the disturbance which customers coming and going might create.
Park ward councillor Jenny Lynn said she was supporting the plan, through which Mrs Shaheen’s mother and father would run the takeaway, creating four or five jobs for local people.
She did not believe the scheme would adversely affect the conservation area but it would enhance the amenity of the area. It was also next to another, different, takeaway, a chip shop.
“Having a shop next to a shop I don’t think is a problem,” she said.
Mrs Shaheen’s father told the committee he had lived in the area since childhood, the plans had the support of neighbours and plans for the property had been developed to minimise noise and odour as much as possible, while including some much-needed restoration.
“We want to give local members of the public jobs and create prosperity. There is a lot of work we can do to bring the building into condition,” he said.
But Coun Stephen Baines (Con, Northowram and Shelf) said having been on a site visit he felt the officers had got their judgement right and he was supported by Coun David Kirton (Con, Hipperholme and Lightcliffe) who was concerned about the effect on neighbours close-by.
Coun Kirton said: “I think the flue and emissions would be a problem for those in adjacent bedrooms.”
Coun Faisal Shoukat (Lab, Park) said it would be sad to leave the building derelict and in terms of minimising the effect of fumes and the like, the application was about as sympathetic as you could get. The applicants were also willing to compromise by limiting opening hours in line with the takeaway next door.
But his proposed amendment that the application be permitted was not supported and councillors agreed the plans should be refused.