Kirkcaldy takeaway wins fight to extend opening hours despite MSP’s objection

Owners of David’s Kitchen in Oriel Road sought an extension in opening hours for the proposed takeaway after receiving feedback from prospective operators that the currently permitted 10pm closing time was “commercially undesirable and restrictive”.

The unit, which is on the site of the former Drive In tyre car repair garage, has been unsuccessfully marketed for several months, although permission to operate a hot food takeaway until 10pm has been in place since July 2021.

Six letters of objection and a letter from Kirkcaldy’s SNP MSP David Torrance also opposing the extension in hours were received by Fife Council, but members of the central and west Fife planning committee granted the requested change in planning conditions.

Mr Torrance had argued the proposed changes increased the potential for disturbance to neighbouring residents.

“The premises are situated in a quiet residential area, with several houses bordering the boundary of the area in question,” he said.

“Permitting an extension to the opening hours until 11:00 pm will have a detrimental impact on the quality of life of residents.

“The noise that will be generated, both by vehicles and persons travelling in and, will have a negative effect on nearby households.

“The issue of cooking odours has previously been reported by residents to myself and Fife Council.

“The installation of flues to the side and rear of the building is only going to exacerbate this problem.”

Nevertheless, planning case officer Martin Mackay noted Fife Council’s public protection team had no objection to the changes, adding that the proposed additional hour would bring the takeaway into line with other hot food outlets within the wider area.

Mr Mackay also pointed out that a variety of business and commercial properties are already located within the vicinity, including Aldi , a car showroom, Royal Mail sorting office, mixed-use industrial units and the University of Dundee's Kirkcaldy campus.

Committee members had no further questions, and unanimously back a recommendation for approval.

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