A RESTAURANT has been operating in breach of planning regulations for more than ten years, according to town planners.

Simply Seafood, in Leigh Old Town, has applied for a lawful development certificate after it was found to be in breach of planning permission given in 2009 which required it to operate as a hot food takeaway as well as a restaurant.

Permission was given for a single-storey extension, with a takeaway sales counter along with internal and external seating.

A previous stipulation that the takeaway element should be for shellfish in support of the local fishing industry was removed.

Once operating as a shellfish plant, 1 Cockle Sheds stopped this activity in 2003 and it was recognised such a stipulation would be unenforceable.

It was, however, required to sell hot takeaway food alongside food served on the premises.

Planning officers have since concluded that this element of the planning permission has not been adhered to. It is alleged an area designed for the sale of hot takeaway food had not been used for this activity.

A report following a visit by a planning officer said: “The internal layout on the submitted plans describes a retail takeaway sales counter ancillary to the wider use, and not a hot food takeaway.”

Planners said it was up to the applicant to prove its existing certificate was lawful.

It adds: “On the basis of information submitted from the applicant it is considered that, on the balance of probabilities, the evidence shows that the premises has operated in breach of condition 02 of 06/01199/FUL for a period in excess of ten years.

“No evidence has been found that would demonstrate that the retail takeaway sales counter has been operating in an A5 hot food takeaway form for ten years or more and therefore, use as a “restaurant and takeaway” is found not lawful.”

The Echo contacted the restaurant but bosses declined to comment.