A kebab shop in Kent has defied the local council's efforts to shut it down after a High Court judge rejected claims that it bothered local residents.
Deputy judge John Howll QC rejected the London Borough of Bexley's claims that the Kebab Ye hot food takeaway impacted on the "viability and vitality" of the Sidcup neighbourhood and "the living conditions of neighbouring residents".
The council's lawyers argued that the government planning inspector's decision in January to allow proprietor George Arslanboga to change the use of his shop to a takeaway was "difficult to fathom".
In a brief ruling, the judge said the inspector was entitled to approve the application and ordered the council to pay the government's legal costs.
The Kebab Ye takeaway sells kebabs, burgers, chicken and pizzas and is open until 11pm from Sundays to Thursdays and midnight on Fridays and Saturdays.
By Emma White
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