A BID to turn a daytime snack bar into a late night grilled chicken takeaway has been blocked by planners.
New owner Israr Ahmed wanted permission to operate Izzy Delicious, formerly Scotty's Snack Bar, on the junction of Sarah Street and Olive Lane in Darwen until 10pm seven days a week.
Nazia Shah of Urban Future Planning told Blackburn with Darwen Council officials the premises has previously operated as a cafe/takeaway without restrictions on its hours for several years.
But they disagreed saying there was insufficient evidence this was the case.
In a supporting letter Miss Shah said: "The applicant recently acquired the premises and seeks to modernise it and change the offer from a traditional 'cafe' to a more contemporary cuisine offer based on a 'grilled chicken' selection.
"This particular offer is not available within the local area and is considered a healthier option.
"The property has long been in use as a cafe/hot food takeaway serving the residential and business community with hot and cold food and beverages for either on-site or off-site consumption and employing a number of local people.
"As is the case with the existing lawful use, it is envisaged that consumption will be split evenly between 'take out' and 'eat in'.
"Given that there does not appear to be a specific planning application or opening hours controlled by condition, it can only be assumed that there are no current restrictions to opening hours."
Darwen East ward's Cllrs Roy Davies, Jane Oates and Paul Browne all told the planning officials they had never known the premises open later than 3pm.
Council senior planning officer Claire Booth said in a report: ". The submission fails to provide any evidence that any takeaway element was not ancillary to the snack bar and café uses which have occupied the building over the past 10 years, and this is supported by the local ward councillors’ representations, which all state that the building operated as a sandwich/ snack bar that operated during daytime hours.
"It is considered that on the basis of the information available the balance of probability is such that the site has not been used for the stated purposes for a continuous period of in excess of the required 10 year period or at the times being put forward and for these reasons is therefore considered to be unlawful.
"Therefore, it is recommended that this application is refused."
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