A CLAIM that it was unlawful to refuse a new hot food takeaway on the grounds that customers might park illegally outside it has been dismissed by East Lothian Council’s local review body.

Developers planning to turn the former TSB Bank on Tranent High Street into a restaurant and takeaway compared the refusal of the takeaway to not allowing a jewellery shop because it might encourage break-ins.

Sava Estates Ltd’s representatives had appealed a decision by council planners to allow a restaurant but reject the takeaway due to concerns from transport officials that the takeaway would encourage drivers to park on the footpath or manoeuvre dangerously.

In a written statement to the council’s review body, which considers appeals, they claimed the council had no legal basis for the takeaway ban.

They said: “The council’s views are based on the fact that as the site of the proposed restaurant is near a junction and is set on an extensive area of footpaths, that motorists will park on this extended area, then reverse back onto the roadway, thereby potentially causing danger.

“Given that anyone parking on the footpath will be breaking the law and be guilty of obstruction, this scenario cannot be realistically advanced as cause to refuse the takeaway. That would be akin to suggesting that there should be no jewellers’ shops as someone may try to break into them, or that no one should be allowed a car as they may not maintain it.”

But the review body dismissed their claims at a meeting in Haddington Town House on Thursday.

Councillor Kenny McLeod, ward member, said a site visit to the proposed takeaway earlier that day had only served to increase his view that it would create parking issues at the busy junction.

He told the meeting: “I am delighted the building is going to have a use again [as a restaurant] but I cannot accept it being a takeaway for traffic reasons. It is right at a hot spot with various sets of traffic lights and step down kerbs for people; it will be a magnet for cars to come up and park on the pavement and at the bus stop.”

Fellow review body member Councillor Jeremy Findlay added: “It is so close to the traffic lights and busy junction, I agree with the officers’ decision.”

Chairing the review body, Councillor Norman Hampshire supported this stance and said: “I think transportation officers have made the right judgement as this could become a very dangerous situation.”