THE pleas of a family living above the site of a proposed takeaway persuaded councillors to refuse it planning permission.
Members of Sedgefield Borough Council's development control committee turned down an application to convert a former accountants office in Spennymoor High Street to a hot food takeaway.
Officers had recommended the application, by Dewan Hamid Raja Chowdray, of Fenham, Newcastle, be approved with conditions.
Andrew Farnie, principal development control officer, said: "We, as officers, believe that balance between the interests of residents and the applicant is there.
"Conditions to limit opening hours, ensure ventilation and fume extraction measures are in place to reduce odour and wall insulation to provide sound attenuation would give a satisfactory level of amenity."
But councillors went against the recommendation after Linda and John Teasdale, who, with their two daughters, live in a flat that extends over the proposed site, objected to the proposal.
Mrs Teasdale said: "This will affect us deeply. Just because we live in the High Street doesn't mean we have to put up with everything.
"We have two girls who need to sleep at night, we already have to deal with crowds of people leaving the pubs late at night.
"If we have another takeaway, right below our home, where people will hang around, we'll have even more noise and anti-social behaviour to put up with.
"My bedroom would overlook the takeaway's flat roof, I don't know how ventilation can be done without the smells coming straight into our home."
Councillors said that an extra takeaway would cause traffic chaos, particularly because of its location close to a roundabout and close to where taxis collect fares from nearby pubs and clubs.
The owner of a takeaway in the High Street also objected, saying there are already a high number of similar outlets in the town centre.
Ward member Bill Waters said: "The level of congestion is there for everyone to see already, it would only get worse. We want to see quality shops, not takeaways opening.
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