A businessman has won an appeal bid for a takeaway and restaurant on Carnoustie High Street.
Munawar Mohammed wanted to turn the former Happy Days Diner at 96 High Street into a sit-down 34-seat restaurant and separate takeaway.
But in July Angus planners refused his application for the one-time pub and fish and chip shop.
They said it didn’t meet planning guidance and would introduce a night-time element to the mainly residential area.
Now, however, the casting vote of the council’s development management review committee chairman has overturned the delegated refusal.
The building sits opposite Kinloch Court supported housing.
And in 2011 permission was granted for it to be changed from Arran’s Bar into a diner and children’s play centre.
The latest application generated six local letters of objection.
Those highlighted concerns over traffic, night-time noise, odours and the risk of vermin.
And neighbours said the better quality of life they have enjoyed since the conversion from a pub to play centre would be undermined.
Planners said that while the building can currently serve food, the night-time aspect of the proposed business would have an unwelcome amenity impact.
Councillors split
The appeal was considered by DMRC councillors this week – and divided the committee.
Arbroath councillor David Fairweather said officers had been “absolutely correct” in their refusal decision.
But committee chairman Bill Duff sealed success for the bid.
He said: “There are three things I would say.
“The site used to be used as both a pub and a fish and chip shop, and most recently was used as a diner.
“It’s adjacent to a fairly large furniture store and beyond that is the Carnoustie branch of the British Legion, which is open at night.
“And the third point I would make is that the current building is not particularly attractive from the street.
“There would be an aesthetic improvement to the building.”
Mr Duff’s casting vote decided the application after a 3-3 committee split.
Conditions to control odour and noise will be attached to the planning permission.
The latest decision follows a DMRC knockback for another town takeaway bid.
It centred around plans for a restaurant and carry out in a former mortgage office on Barry Road.
Conversation