Shopkeepers have been angered after council officers gave planning permission to a takeaway.

Planning officials at Pendle Council have granted outline planning permission for a fast-food restaurant on Colne's North Valley retail park.

The decision was made by council officers under delegated powers, rather than elected members voting at a planning committee.

Colne councillors were angered that they were unable to take action against the plans because they had not been made aware of the application.

Last year, proposals for more shops on the retail park were turned down under Government legis-lation which meant other sites had to be filled before more could be built.

But planning officials passed the latest plan, even though council policy experts said later that the same tests should be applied under planning law for restaurants and takeaways. The legislation, designed to help councils safeguard their traditional town centres, requires applicants to prove there is nowhere else suitable for the business in the town centre before they are allowed to build on out-of-town sites.

But now the legislation has not been taken into account in relation to a takeaway, it may mean a precedent has been set that will give the council difficulties invoking the powers in future.

At Pendle Council's Colne and District Committee, chairwoman Sharon Davies was asked to explain why the restaurant had been approved.

She said: "Nobody has picked this up when the application came in, and that's basically why there has been no discussion.

"We all get the information but we just have not spotted it."

Colne shopkeeper Peter Jagger, who objected to plans for more shops on the retail parks, said: "The fact they have just been able to get their plans through because nobody noticed, despite the legislation, means there is a big flaw in granting this.

"There are any number of properties in the town centre which would accommodate a fast food restaurant."

Coun Alan Davies, leader of the council, said the members had not realised the legislation also related to restaurants, and that he would be studying the proposal's paperwork.

He said: "It was down for the delegated planning consent and we just didn't look at it. I will have to look at the paperwork, but if the law can be interpreted in that way, then retailers could find a way in."