A Planning Inspector has overturned a decision by Kirklees councillors to reject a restaurant plan in Marsh.

But it’s unlikely that approval for the restaurant will mean it will open – as the owner of the former DIY store and cinema has since leased it as a skating rink.

Afzal Khan, owner of the site off Westbourne Road, was refused planning permission for a restaurant by members of the Huddersfield Planning Sub-Committee in May.

He had secured interest for the venue, but when planning consent was rejected, Mr Khan had to look for alternatives.

He found that in Raj Handa, of Playworld Huddersfield Ltd, who won consent for a skating rink and playgym at the venue in October.

Mr Khan said it will still be a play centre despite the restaurant appeal win.

He said: “The property has been leased for a playgym.

“I continued with the appeal because I wanted to know what the correct outcome should have been.

“I think the council were biased against this application and the decision has been vindicated by the planning inspector approving it.

“My architects, based on planning laws, were confident and their position has been vindicated by the inspectorate.”

He said delays to getting a decision by Kirklees was a “totally unsatisfactory state of affairs”, adding: “From my view to have a business ready for the property and have to wait so long for Kirklees to make a planning decision, it was too long to wait.”

And he promised the large number of boulders placed around his car park as the fight with the council intensified, will be removed “within the week”.

Mr Handa said work on the building would start on Monday and he hoped to open for business in the February half-term.

As well as supplying a fun venue for teenagers, food would be served during the day.

Mr Khan’s application was received by Kirklees Council on June 26 2012.

 It was listed to be heard at the planning committee in March this year, but on the day of the meeting it was delayed at the request of ward member Clr Mehboob Khan, who was unable to attend but wanted to make a representation.

Councillors on the committee voted to agree to defer making a decision for Clr Khan to attend.

Owner Mr Khan believes the delays should not have been allowed.

He said 17 months was too long a time for such an application to be decided from submission to planning appeal decision.

His planning agent, Andrew Keeling of David Storrie Associates, welcomed the appeal win, saying: “In our opinion the site, being in a local centre, was always acceptable as a restaurant.

“Planning policy indicates that restaurants should be in local centres. Many issues raised by local members were not relevant and related to possible problems from a “wedding venue”.

“The restaurant would have brought the building back into use, supported the vitality of the centre and brought employment.”

The planning inspector, Alison Partington, ruled that the restaurant would not “materially harm the living conditions of nearby residents with particular regard to noise and disturbance”.

She said the car park use, once used by residents, was a decision for the owner.

The planning inspector’s decision has angered Clr Khan, Greenhead ward member and council leader.

It was Clr Khan who made representations that it would become a wedding venue and he said yesterday: “It is an outrageous decision by the Government, overruling a local, democratic decision and it is abundantly clear to anyone living in the area that the site is unsuitable for a wedding venue.

“I am very proud to be the man who is criticised by Mr Khan. Five hundred questionnaires were signed by residents saying they were totally opposed to this development.

“I am championing the interests of local people and happy to speak out against something that would have destroyed the special harmonious environment of the Marsh area.”

Clr Khan said he was delighted that plans for a youth gym had also been passed and said he was looking forward to work starting on the dilapidated building, which has been empty for three years.

He said he also hoped that Mr Khan would remove the boulders surrounding much of the car park which were introduced during the saga.

A spokesman for Kirklees Council said: “We have now received the Inspector’s decision on this application. Whilst officers did support the application at committee clearly we are disappointed not to be able to defend member’s reason for refusing the application at appeal. Sometimes members and officers take different views on applications, however the appeal was contested strongly with the evidence available. In terms of costs we are waiting to hear from the Inspectorate whether or not costs will be awarded against the Council.”