A BID by a Darwen hot food takeaway owner to overturn the borough council's refusal of planning permission for her business has been dismissed.by a government inspector.

In November last year Blackburn with Darwen Council rejected Mrs Jabeen Kauser request for backdated approval to continue to use 33 Blackburn Road in the town for her Mega Crunch business.

Planning officials turned her application down because of 'an over saturation of hot food takeaways' in the Darwen.

She subsequently appealed the decision to the government's planning inspectorate.

But after an investigation it upheld the council's rejection of permission,

A report in November by Blackburn with Darwen Council planning officer Tom Wiggans said: "The application site comprises ground floor commercial premises, trading as a hot food takeaway since mid-2021, with a self-contained flat above.

"The application refers to a retrospective change of use of the ground floor of 33 Blackburn Rd, from a café (which sold hot food), to a hot food takeaway.

"During the day therefore the frontage would be a closed frontage which would be to the detriment of the vitality and viability of the district centre.

"There are eight takeaway uses within the immediate area on Blackburn Road / Duckworth Street alone.

"This is considered an over saturation of hot food takeaways."

Government planning inspector K Lancaster's decision says: "I find the development results in a closed frontage for long periods during daytime hours which is detrimental to the character and vitality of the district centre.

"I conclude the development would have an unacceptable impact on public health, having regard to the proximity of the appeal site to local schools and the concentration of existing takeaway premises.

"I find it has not been demonstrated that the development does not harm the living conditions of neighbouring occupiers, with particular regard to odour and noise and disturbance

"Whilst I have had regard to the economic benefits of the scheme, these benefits are limited and therefore not sufficient to outweigh the unacceptable harm I have identified to the character and vitality of the District Centre, the health of the local community and to the living conditions of the occupiers of the upper floor flat."

"The appeal is therefore dismissed."

Blackburn with Darwen planning committee chairman and Darwen West ward's Cllr Dave Smith said: "It’s pleasing that the Planning Inspectorate has backed the council’s decision to refuse this planning application for a takeaway on the A666 at 33 Blackburn Rd.

"This follows on from several other recent refusals of takeaways in the borough and particularly in Darwen."