RESIDENTS living in Earby have won the first stage of a battle to stop plans to convert a redundant town centre solicitor's office into a takeaway.

An application by KC Chung to change the use of 49 Victoria Road into a hot food takeaway was refused by Pendle Council's West Craven Committee on Tuesday after residents voiced concern about the plans.

The council had also received four letters of objection as well as a petition containing 27 names from people living near the site.

One of the objectors, Pearl Inman, told the meeting that a lot of elderly people lived opposite the proposed takeaway. "It's bad enough now," she said.

Mrs Inman also asked what action would be taken if smells were emitted from the takeaway.

But planning officer Janet Filbin said: "In terms of use, we have to accept that the property is in the town centre and it is the most appropriate place to put a hot food takeaway.

"In this situation where we have houses next to or near to town centre premises, there obviously might be some slight disturbance including traffic comings and goings."

Mrs Filbin added that any potential problems could be minimised by imposing conditions on the planning approval, including ensuring that the takeaway closed at 11.30pm and insisting that smells were controlled.

Members heard this was the second application for a takeaway at the premises.

A similar application was refused in 1994 due to the adverse effect it would have on the amenity of the area. The application was subsequently approved on appeal, but the planning permission was never implemented.

Chairman of Earby Parish Council Chris Tennant said the application would be "severely detrimental to the amenity of the surrounding area".

He said the situation had changed since 1994 when the appeal had been upheld, explaining that the Victoria Road area was becoming more residential.

However, Mrs Filbin said it was important to support the viability and vitality of the town centre and find commercial uses for such properties.

"It would be fruitless to refuse this application because we know the previous decision and know that it was allowed on appeal. We would be wasting council time," added Mrs Filbin.

Coun Morris Horsfield said: "But things have changed and we must think about the people who live there."

Members voted to refuse the application, but it must now be discussed by Pendle Council's Development and Control Committee because the authority could incur costs if it went to appeal. This committee will meet on November 24.