Appeal against takeaway rejection thrown out

An appeal bid to force through controversial plans for a takeaway in Kilcreggan has been rejected.

The plan to convert the vacant Allsorts shop was rejected by Argyll and Bute Council in October, but applicant Mr Arshad lodged an appeal against the refusal.

Yesterday Scottish Government Reporter John H Martin announced that the appeal had been rejected – his decision is final and can only be questioned in the Court of Session over a point of law.

The appeal rejection looks like the last word on the abortive plans for a takeaway in the vacant shop
The appeal rejection looks like the last word on the abortive plans for a takeaway in the vacant shop

His report states that the 4,500KW extractor fan proposed ‘would be likely to cause a significant level of noise and vibration’.

He adds: “Even with anti-vibration mountings, an extract of this size and power would be likely to reverberate through the old timber floor, which could act as a sounding board to the detriment of the peace and quiet the occupiers of the flat above enjoy and have a right to expect in the future.”

Residents in the second floor flat would also have suffered ‘serious disturbance’ because of noise and vibration from the external flue, he said, adding: “In the absence of any details of how the cooking odours are to be filtered or scrubbed within the extract system, there could be a unacceptable risk of smell penetrating the flats and/or spreading to adjoining properties.”

The plan led to 15 objections and stormy scenes at a public meeting.

Both the applicant 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 the day before the meeting the council 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’.