DEVELOPERS behind a new Costa Coffee drive-thru have failed to convince a national appeals body of the need for a 5am opening time.

PVY Ltd had sought to extend the hours of the facility on the site of a garage in Halbeath’s Main Street, despite concerns that it would generate too much noise for local residents.

The coffee shop forms part of a retail park development that was approved in October, with a condition limiting the units to opening between 7am and 11pm.

After its bid for a 5am opening was objected to by 29 locals and thrown out by Fife councillors in November, PVY turned to Scotland’s national planning appeals body DPEA in a bid to overturn the decision.

However, Scottish Government assessors have refused the appeal and PVY’s subsequent claim for expenses, finding no merit in the firm’s claims that the council had acted unreasonably.

Reporter Mike Shiel reviewed noise assessments taken in the area of the retail park and concluded that the levels of noise and light from the drive-thru would be acceptable at 7am, when most people are waking up – but not at 5am, when they are still asleep.

“I consider that the operation of this unit between 5-7am would be a potential source of disturbance to the adjoining residents in Main Street,” Mr Shiel wrote in his report, published earlier this month.

His analysis, which included a visit to the site – a rarity during coronavirus restrictions – concluded that noises associated with the unit would blend in with background noise during the day. However, they would be far more disturbing at night.

Similarly, he said that Costa signs lit up during darker hours to advertise the unit to passing motorists “might result in disturbance” to local residents.

Planning agent Joe Fitzpatrick, on behalf of PVY, had suggested that noises from the units would not annoy the residents. He had also accused planners of “unreasonable behaviour” for refusing the 5am application in the first place. These arguments were kiboshed by Shiel.

“The appeal site is on the edge of an essentially residential area, and, in this context, I do not consider that it was unreasonable for the council to restrict opening hours in these circumstances,” the government reporter concluded.

Both the planning appeal and a claim for expenses were refused.

Construction has already begun on the retail park, which will also include a Burger King, a cafe and three retail units, along with 86 parking spaces and six electric vehicle charging points.

PVY’s agent was contacted for comment.