BY IAN ROSS

LEGAL action is due to be taken against a takeaway because of numerous alleged breaches of its planning permission.

The Naaz Indian takeaway won approval in 1995 to change the use of premises in Crewe Road, Alsager, from a shop to a hot food takeaway.

A condition of the approval stated that the takeaway must not open between 11.30pm and 8am.

However the borough council says the owner of the business has breached that condition on numerous occasions.

Ian Andrew, borough head of planning and estates, said the takeaway was open for business when council officers visited after midnight on December 1, and between 11.48pm and 12.08am on January 12.

Further visits were carried out between 11.48pm and midnight on January 26 and 11.52pm and midnight on February 2.

The owner said that although he closed at 11.30pm customers on occasions placed orders before that time, and had to wait or come back to collect their food.

Mr Andrew sought authority to prosecute the takeaway in view of the fact that the breaches were continuing despite a number of warnings having been given.

Councillors agreed to authorise the council's head of legal services to prosecute anyone who was responsible for a breach of the condition of the planning permission.