A kebab shop has lost its appeal over a makeshift extension it built on the pavement and must now take it down.

Alex Haji, who runs Nayeb Kebab in Hove, was told to take down the shelter by Brighton and Hove City Council in January last year.

The council also served an enforcement notice on the kebab shop’s sister restaurant Nayeb Shisha Lounge, four doors down on the corner of Church Road and The Drive.

Mr Haji appealed the first enforcement notice, saying the council, which is also his landlord, said he would not need planning permission for it.

But planning inspector Lee Douglas disagreed, and has today upheld the notice.

In his report, published today, Mr Douglas said although the applicant said the structure was temporary, its size and weight have the appearance of a permanent extension, which therefore needs planning permission.

Mr Haji had not explained how it could be deemed permitted development – i.e. not require planning permission.

Mr Douglas said: “The appellant claims they were told by the council, their landlord, and the company who designed the extension that it would not require planning permission.

“It is also claimed that the company has carried out more than ten other extensions like this within Sussex without obtaining express planning permission or experiencing any planning issues.

“Be that as it may, I have found that the works carried out in this particular instance comprise development requiring planning permission.

“In the absence of any planning permission for the development it is in breach of planning control.”

The kebab shop was previously issued with an enforcement notice to remove a timber wall and tables and chairs from the area in front of the restaurant in 2020.

The original notice gave the kebab shop ten months to take down the shelter.

Although the inspector’s report does not specify a date by which it now needs to be removed, councils typically reset the clock when appeals against enforcement notices are upheld.