Plans for a takeaway in Kilcreggan will now be decided by a Scottish Government inspector.
The proposals for a change of use at the empty Allsorts shop in the middle of the village were rejected by Argyll and Bute Council in October.
There had been 15 objections from residents and stormy scenes at a public meeting.
But now the applicant’s agent Dave Jarvie has appealed against the refusal, and the final decision will be taken after an inspector visits the site.
Councillors refused the plan following officers’ recommendations on the basis that residents’ fears about noise, disturbance and smells seemed well founded.
The area roads engineer had also objected, saying seven car parking spaces would be needed and the plan was ‘not acceptable’.
Both the applicant, Mr Arshad, and residents spoke at a heated meeting of Cove and Kilcreggan Community Council in September, when it was said that opening hours would probably be 4-11 or 11-11.
However in October – the day before the meeting when the plan was decided – Argyll and Bute received a letter from the applicants’ agent, replying to a series of requests for information which was made by letter and phone on July 31.
In this letter the opening hours were given as 7am to midnight ‘to capture breakfast through to evening meal business’.
Information about the appeal is available on the Scottish Government directorate for planning and appeals website – the reference number is PPA-130-2038.