THE lawfulness of an application for a takeaway ‘with high public interest’ was thrown into question at the meeting.

Pizza Hut, in Mylen Road, was brought before Test Valley planning members to determine an amended application over solving planning control breaches, which had attracted concerns from around 100 residents.

As previously reported in The Advertiser, Pizza Hut, which opened in October 2016, had been violating conditions including its environmental health and fire safety for more than a year.

At Thursday’s meeting, Mylen Road resident Keith Wigmore highlighted external changes made to Pizza Hut which went beyond approved site boundaries and would be deemed unlawful to allow under its current planning application.

Mr Wigmore said: “The red line has been changed twice since approval. We have consulted other local authorities, planning consultants and Planning Aid England who have all stated it cannot be changed in this kind of application.

“We now have a red line 35 per cent bigger than on the original approval.”

An email shown to councillors was from a borough council planning officer to the applicant in May 2017, acknowledging the red line had been changed, and that it would be “prudent” to keep it the same as the original.

Councillors asked the planning team whether this was allowed and officers said they “would want to check the issue”.

Head of planning and building Paul Jackson said: “There is some concern over the red line. I would like to review the position to double check we have a lawfully submitted plan.”

One member referred to the scenario as a “dog’s breakfast”.

Since the meeting, planning and building portfolio holder, Councillor Nick Adams-King told The Advertiser: “It is not possible, during the course of a committee meeting, for the council’s officers to categorically conclude that an application was incorrectly made. There are a number of factors that need to be taken into account.

“That said, in recognising the comment that the application site boundary had been incorrectly drawn on a plan, the head of planning and building amended his recommendation on the night, to include the ability for his officers to clarify this procedural question.

“Councillors were being asked to assess the merits of the planning application that had been submitted, and not whether the application had been correctly made. It is for that reason that the planning application continued through the planning meeting to a vote.

“This matter will now be resolved directly between the local planning authority and the applicant.”

Pizza Hut did not provide a comment by the time The Advertiser went to press.