Takeaway which caused free fried chicken frenzy hits plans hitch
A Blackburn fried chicken takeaway which saw hundreds of customers queue for hours to claim a free meal offer when it launched in November now faces closure by the council.
The Philadelphia Fried Chicken premises in Whalley New Road, Bastwell, had opened without planning permission and an application for backdated approval to turn it from a restaurant to takeaway has now been refused.
Reasons for the refusal included a high concentration of takeaways nearby, schools within proximity, and the high number of obese children living in the area.
Now Blackburn with Darwen Council is threatening to take enforcement action, which could include closing down the Philadelphia Fried Chicken takeaway.
The business has the option to appeal within six months which would delay any action by the authority.
The takeaway opened without permission Philadelphia, which took over the former Rafiki restaurant site, had the grand opening with a free meal offer in November, with people queuing before 5pm despite the freezing temperatures to get their hands on free chicken.
The lines stretched from the takeaway - which had undergone extensive renovations - all the way to Whalley Range.
Now the council has rejected the backdated application for planning permission from Farman Ahmed and is to seek enforcement action over the business opening without approval.
People queued for hours for a freebie when it opened A planning officer's report said: "The site was recently used as a restaurant in accordance with the previous approval, however is now operating as an unauthorised hot-food takeaway.
"The application has been submitted on the back of intervention from enforcement colleagues, and is therefore retrospective.
"Planning permission is sought for the change of use of the ground floor to a hot-food takeaway.
"The proposed hot food takeaway, by virtue of its location within the 400-metre exclusion zone around multiple education facilities and a high number of existing hot food takeaways, is considered to be detrimental to the health of young people in the borough.
There are too many obese children in Bastwell "The proposed use has the potential to cause a loss of amenity to nearby residential properties by virtue of noise and odour emissions.
"The proposal will result in an over-concentration of hot food takeaway and is therefore considered detrimental to the character and vitality of the Bastwell District Centre."
The planning decision also cited planning rules that takeaways are not permitted in wards where more than 10 per cent of Year 6 pupils are classed as obese.
The most recent data states in Bastwell and Daisyfield ward 29.7 per cent of Year 6 pupils are obese, so the application is in direct contravention of the Local Plan.
A spokesperson for Blackburn with Darwen Council said: 'We take a hard line on applications for new, hot food takeaways in wards where more than 10 per cent of year six pupils are classed as obese.
'This application is in such a ward and within an area already containing a high number of existing hot food takeaways.
'The applicant now has a right to appeal our decision to the Planning Inspectorate within six months.
'A report will also be presented to the council's planning and highways committee in April seeking authorisation to take enforcement action should an appeal not be submitted.'
A spokesperson for the business declined to make immediate comment.

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