AN appeal against plans for a takeaway to be opened in a swanky Lymm estate has succeeded after a complex battle.

A Government planning inspector dismissed one appeal after planners at Warrington Borough Council blocked the scheme for Heatley Mere.

But a second appeal, where the applicant agreed to build a fan with it, proved a success.

The inspector agreed that the smells, noise and disturbance created should the takeaway open would be too disruptive for residents living nearby without the fan.

But with it, he said it could go ahead.

The inspector said: “In my opinion it is not unusual for small shopping complexes in residential estates such as this to contain a takeaway even where there are residential units above.

“In appropriate circumstances modern noise and odour measures can minimise any harm to living conditions.”

The original plans had been thrown out by members of the council’s development control committee.

They had heard from a packed crowd at the council chamber meeting earlier this year that residents were fighting hard against the scheme.

They said that the opening of a takeaway would also increase traffic in the area and would be out of character in the area.

Clr Sheila Woodyatt said: “This was promised as an idylic rural setting and as such there was never a place for a takeaway here.”