Restaurant victory could come at a price

But his victory could leave taxpayers with a bill of thousands of pounds.

Calderdale Council turned down Soil Miah's plans for the former Crowther's Printworks in Oldham Road, but he appealed the decision and won. He was also awarded costs. Planning inspector Keith Manning said the building already had permission for use as a pub and if that was implemented there would be a permitted development right to change it into a restaurant.

He also said the building work, which includes an extension, would benefit the appearance of the area.

"I do not consider the scale of the proposed use would have any significantly harmful effect on the living conditions of nearby residents that could not be adequately mitigated by appropriate planning conditions," he said.

Mr Manning criticised the council for ruling that the restaurant would be harmful to residents without fully investigating.

"It is susceptible to more objective analysis than matters of aesthetic judgment and yet the reason expressed amounts to little more than a vague assertion that this would be so. That is unreasonable behaviour of a type the costs regime is intended to discourage," he said.

The council and Mr Miah must reach agreement on costs. He said he had already spent a lot of money and had initially planned to open in December.

"We have had a long battle," said Mr Miah, of Oldham, who has a chain of restaurants and takeaways.

Work is expected to start in a few weeks and the restaurant, to be called Mehek (meaning fragrance), should open in the summer.

During the planning process three residents and Coun Geraldine Carter (Con, Ryburn) objected. Concerns included increased traffic and location.

A council spokesman said partial costs were awarded against it and the amount would be determined following negotiations.

The authority would not comment on Mr Miah's criticism of its original ruling.