Scottish Government reporter John Martin has rejected an appeal after planning permission to open a takeaway in Leven Street, Motherwell, was refused by North Lanarkshire Council.
Mohammad Siddique of Newarthill made the application in December for a change of use of a recently constructed empty retail unit at 25A Leven Street, which is next to a Spar and hairdressers, but in March the council said no.
The matter was referred to Scottish Ministers, however is his ruling last week Mr Martin also turned it down.
He said: “While I have no evidence as to why the new shops have not been occupied, they have only recently been completed and it may be too soon to make a judgement as whether they would attract a retail user.
“While I accept the appellant’s point that a hot food takeaway may often feature in such centres, these are usually primarily retail in character so it seems rather to soon to seek a change to the shop before it has even opened for its original purpose.”