It would not apply to new take aways in “local centres” such as city or town centres.
Refusing this application, officers said the unit was just outside the centre of Queensbury.
They also raised concerns that there appeared to be just three parking spaces for the take away.
Referring to concerns over the proximity to the park, the appeal says: “The distance in a straight line to the entrance of this park is approximately 300 metres. However, it is not physically possible to gain direct access to the park form the unit, the quickest route by either foot or vehicle being via Brighouse Road in a southerly direction before turning onto Park Lane in a easterly/north easterly direction, this distance is approximately 430 metres.”