A BID to overturn a decision to refuse planning permission at an Abbeyview premises previously used as a shisha bar has failed.

After twice getting the knock-back for a hookah lounge in a garage off Duncan Crescent, Muhammad Arslan came up with a new plan to use the premises and outdoor seating area for customers of his other business, the House of Desserts.

The council didn't think this was a sweet deal and refused permission, and an appeal against the decision was submitted to the Scottish Government.

However their reporter has now investigated the case and upheld the local authority's decision.

His report said the application had been knocked back because of concerns that a lack of vehicle parking would cause increased on-street parking and create a conflict between vehicles and pedestrians.

READ MORE: Fife Council pause enforcement action at Buzz Shisha Lounge premises

"The council is also concerned that there is no safe pedestrian footpath to the property," the ruling stated. "It considers these factors would result in a detrimental impact on road and pedestrian safety.

"The appellant argues the proposal would only serve existing customers so would not generate any additional parking demand. I disagree.

"It would provide additional publicly accessible commercial floorspace, roughly doubling the total public floor area when considering the existing retail unit and the appeal proposal as a whole (including the external seating area).

"Moreover, the proposal would also qualitatively alter the shop’s offering by effectively adding a café element to the existing retail use.

"For these reasons, I consider it likely the development would generate an overall increase in customers. Even if it did not, customers making use of the seating in the appeal proposal would tend to remain for significantly longer than if they purchased items from the shop to consume elsewhere and those who had arrived by vehicle would therefore occupy parking spaces for longer.

READ MORE: Owner wants Scottish Government backing for House of Desserts

"Taking this all together, I agree with the council that the increased activity associated with the proposal would have a detrimental impact on road and pedestrian safety."

The reporter said he took into "a number of representations" expressing support for the proposal on the basis it would improve the customer experience, especially during poor weather.

"I do not consider this potential benefit outweighs the conflict I have identified with the development plan," he added. "No other material considerations that would indicate planning permission should be granted have been brought to my attention."

The Press has reported claims that the premises are still being used as a Shisha bar despite Fife Council previously banning such use however the reporter said this was not something he had taken account of.

He added: "Submissions indicate the most recent use has been as a shisha bar, which is not lawful and has been subject to enforcement action and a previous appeal.

READ MORE: Fife Council worry that Abbeyview shisha bar still in use

"Neither the partly retrospective nature of the proposal nor the site’s enforcement history are relevant to my consideration of the merits of this appeal."

Buzz Shisha Lounge was operating without permission by the summer of 2022 and a retrospective application was refused by Fife Council and enforcement action authorised, with the decision upheld by the Fife Planning Review Body.

The enforcement notice was appealed to the Scottish Government but this was dismissed and the applicant was ordered not to use the premises as a shisha bar, with all signage and the outdoor seating area removed.

Enforcement action was then stalled while the fresh plans – and subsequent appeal – were considered.

Following the latest Scottish Government ruling, Fife Council say they are now considering the next steps in terms of the enforcement process.