The application on the former bookmakers' shop at the corner of Broadway and Railway Street was thrown out on road safety grounds at the last meeting of Pendle Council's Nelson Committee, but Tuesday's meeting of the Development Control Committee found no legal stance to deny the recommended proposal.

Due to a lack of support from Lancashire County Council to back this decision, it was felt the risk of costs at appeal was too great.

An additional condition that extra litter bins should be provided was made by the committee and it was noted that concerns over parking on yellow lines should be monitored and enforced. Again, supporters and opponents of the proposal packed Nelson Town Hall to hear a consultant representing applicant Mr Ali Khan, ask that the committee made their decision on planning grounds only and not the opinions of individuals and Press reports.

He said the premises would only be used as a hot food takeaway and would absolutely not be used as a taxi booking office as Pendle taxi operators feared.

It was also mentioned the takeaway would offer a free delivery service to reduce parked cars.

But Mr Mohammed Akram, chairman of Pendle Hackney Carriage Association, who threatened a taxi protest last month if planning was passed, said the shop was not suitable for a takeaway as it was on a dangerous corner and still believed it would be used as an undercover taxi office.

Coun. Sheena Dunn said the reason the proposal was turned down was due to it being on a busy route on the main thorough fare through Nelson that will only increase when the bus and rail interchange is opened.

Coun. Linda Crossley said people would risk parking on double yellow lines and road safety guidelines would be ignored.

Development Control Committee chairman Coun. Howard Thomas proposed that the application be granted according to the original conditions of the recommended planning application, with the addition of litter bins being placed in the area and a watchful eye on illegal parking.