A PROPERTY owner, whose bid for planning permission for a fish and chip he had already built in Cradley was defeated, is making a fresh bid to win consent.

Mohammad Ali who owns the Vakas Indian restaurant and Saporito’s Pizza takeaway in Windmill Hill built the fish and chip shop on land in between the two without permission last year.

His retrospective application was thrown out by Dudley Council, but he has now won the chance to apply again.

This has been made possible by the removal of a condition from the original planning permission that the site of the fish and chip shop should be kept clear for vehicular access.

Cradley councillor Tim Crumpton said the planning appeals office in Bristol had allowed the condition to be removed and the council had no further right of appeal against that.

However, he said there were still strong grounds for refusing the latest application, because there are guidelines to protect communities from not having three takeaways in a row and because the number of fast food outlets should be restricted where there are children walking to school.

Cllr Crumpton said both primary and secondary children walk along Windmill Hill and another takeaway would also add to traffic congestion. He said: “The owner is not listening to the local people. They don’t want another takeaway, there is a fish and chip shop round the corner.”

He added: “People are quite willing to sit down with him to discuss alternative business proposals for the building.”

Cradley resident Kevin Powis, of Colley Gate, said the fact the owner was allowed to make a second application made “a complete mockery of local democracy, local planning laws and if successful will fly directly in the face of the majority of local opinion”.

Mr Ali said the building would be an extension to the existing pizza takeaway and internal alterations would be made to make a way through.

He said the leaseholder of Saporito’s Pizza would take the premises and it would be up to him o decide what takeaway food he sold, although it is clearly marked on the architect’s drawings as a fish and chip shop.

The deadline for objections is next Tuesday (July 8) and the application will be considered at a future meeting of Dudley Council’s development control committee.