A takeaway owner who has lost a battle with council planners claims he could be forced to close his business after 15 years in Motherwell.
North Lanarkshire Council said alterations to a flue at Villa Connection were carried out without planning permission.
The takeaway sits at the corner of Brandon Street and Airbles Street.
Officers served an enforcement notice on business owner Jaskaran Singh Sandhu, demanding the structure be removed.
Now the council’s position has been upheld by a Scottish Government reporter who dismissed an appeal against the move by Mr Sandhu.
He says it will cost him too much to remove the flue and install a new one that satisfies the planners.
James Moore, the takeaway owner’s lawyer, criticised the council. He stated: “The flue is essential for the running of the business which employs several people. Witout a flue the business would close down immediately.
“In such circumstances the requirement to remove the flue is not only unreasonable, but draconian.”
Complaints have been made about noise and smells from Villa Connection, but Mr Moore said removal of the flue would not resolve these issues.
Mr Sandhu argued any alterations to the galvanised steel flue were not substantial enough to require planning permission.
The council disagreed, saying the changes since 2009 were such that consent should have been sought.