A LEIGH fish and chip shop has been given three months to remove an “eyesore” ventilation system installed without planning permission.
Southend Council’s development control committee has approved enforcement action against Leigh Chippy, in Leigh Road, over external extract ducting and flue to the rear of the business.
The large silver flue will now have to be removed “in its entirety” following the committee meeting on Wednesday.
Bernard Arscott, chairman of Leigh Town Council, issued a warning to other businesses that ignoring planning permission could prove costly after admitting it is a “shame” to see a successful business punished.
He said: “It’s a thriving local business and it’s shame they’ve put themselves at some risk for their operation by not following planning regulations.
“It seems a straightforward thing to have done to have got planning permission before they installed this and will probably cost them quite a lot to put right, to get the planning permissions and to get the necessary extraction flue.”
The council first received a complaint in October 2020 over the installation of a new ventilation and extractor system.
In February the following year, the council informed the takeaway owners that they needed to submit a planning application. However, the first application submitted in November 2021 was declared invalid due to a lack of information. A second planning application was also marked invalid.
Despite repeated requests, including a final reminder in December 2023, no valid planning application has been submitted.
Speaking at the meeting, a planning officer said efforts to resolve the problem had not resulted in any resolution.
He said: “In the absence of any valid application, it has not been demonstrated that the unauthorised development does not give rise to unacceptable odours and fumes, vibration, noise and disturbance.
“ In the absence of noise, odour and vibration impact assessments and any professionally recommended mitigation, it has not been demonstrated that the development is not materially harmful to residential amenity. The unauthorised development is therefore unacceptable and contrary to the National Planning Policy.”
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