THE owner of an Accrington cash and carry is planning to appeal against a decision not to allow him planning permission to operate as a supermarket.

Nazir Hussain, owner of NH Food Store, in the former Globe works building, Brown Street, was refused retrospective planning permission to operate as a retail outlet after Hyndburn Council's planning committee said it would not break with council policy.

At present the council does not allow planning permission for retail purposes in locations outside the town centre and its immediate perimeter.

But hundreds of customers, together with three borough councillors, were in support of Mr Hussain, who broke planning rules when he began to operate the store as a supermarket despite conditions of his original planning permission.

The said his shop, which stocks specialist ethnic food, provided a much needed service for local residents.

Mr Hussain's son and store manager, Majed Hussain, said he and his father would be appealing against the decision, which came amid concern about traffic problems caused by the shop.

He said: "I don't exactly know what the next step will be, but we are planning an appeal against the decision.

"We are going to sit down and get some advice about what is the best form of action for us to take.

"We have spent a lot of money on the shop and they don't seem to have taken that into consideration at all.

"I thought we had a strong case and I was very thankful to the councillors who supported us. They have obviously been to the store and asked our customers what they think about the shop and had gathered a lot of information. Some members of the committee obviously haven't.

"The council are concerned it will take customers out of the town centre but that is not the case at all. We have had customers from out of town and they all go on to have a look in the town centre.

"We intended to open as a wholesale, which we did but we found wholesale was just not going to be feasible for us. I just hope we will soon be able to open as a retail business."

A spokesman for Hyndburn Council's planning department said: "Obviously it is up Mr Hussain but he would have the right of appeal within three months to the Planning Inspectorate based in Bristol.

"The applicants would submit a statement saying why they think it should be approved and we would submit a statement as to why we think our decision was correct and it would then be decided by the independent inspector."