Fife planning review body reject takeaway plans in Oakley

A change of use application was refused by Fife Council last year and that decision has now been upheld by their planning review body.

Muhammad Shafiq, from Castle Park in Kincardine, wanted to convert a vacant unit at 12 Link Road into a hot food takeaway, which would operate seven days a week from 4pm to 11pm.

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The council said the nearest residential property was within six metres and therefore noise, cooking fumes, air quality and the "potential for attracting late-night activity in the immediate area" had to be considered.

Officers said there was "insufficient information" submitted by the applicant to address those concerns and the plans were duly refused in October.

Plans to turn this empty shop in Oakley into a hot food takeaway have been rejected for the second time by Fife Council. (Image: Google Maps)

Last week the review panel concluded that they still didn't have enough details.

Convener, Councillor David Barratt, added: "It's not so much that we haven't got enough information to make a decision, but that the applicant hasn't provided sufficient information to be able to satisfy me that residential amenity concerns can be addressed.

"For me that's a reason for refusal on noise issues alone."

The plans had been met by three letters of objection and a petition signed by 37 people.

Mr Shafiq's original application included noise and odour assessments that concluded levels for both would be above acceptable limits. He had then changed his plans, stating the extraction grill would be moved from the side of the building to the rear and fitted with a silencer.

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This would help by "eliminating the problem of smells to neighbouring properties" and the appeal said the takeaway would "not unduly detract" from residential amenity.

He also argued the empty shop is next to two other commercial units, there was off-street parking available and that, while littering was "outwith the control" of the proprietor, bins would be provided for customers.

However, while a new odour assessment was submitted, it wasn't done so in time for officers to give their professional opinion as to whether the proposed mitigation measures would be enough.

The members were also told that a new noise assessment had not been submitted, so there wasn't enough detail to say if moving the extraction grill to the back of the property would reduce noise to a suitable level.