Restaurant denied takeaway service amid fears it would ‘encourage illegal parking’

A restaurant in East Lothian has been denied a takeaway service after fears it would encourage drivers to “park on the footpath” and “manoeuvre dangerously”.

Sava Estates, the developers behind the restaurant have compared the ruling to halting the construction of a jewellers to avoid encouraging break-ins, and have appealed the decision to allow a restaurant but not a takeaway.

Sava Estates said in a letter to the council review board: “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.”

Councillor Kenny McLeod said in a council meeting: “I am delighted the building is going to have a use again but I cannot accept it being a takeaway for traffic reasons. It is right at a hotspot 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.”

Councillor Norman Hampshire, chair of the review body added: “I think transportation officers have made the right judgement as this could become a very dangerous situation.”