WIGAN Council is "progressing potential enforcement action" against a convenience store which has been operating as a fish and chip shop without planning permission.

A retrospective change-of-use planning application to convert The New Dairy and News on Westleigh Lane in Leigh into a hot food takeaway was sent to the council.

And a planning report stated the store had been operating as a fish and chip shop between the hours of 11am and 8pm.

But Wigan Council turned down the application as it was believed the proposed use "would give rise to excessive odour, noise, vibration and/or disturbance issues".

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A Wigan Council spokesman said: “Planning legislation allows for applications to be made retrospectively for works that have already been carried out and which require the benefit of planning permission.

“Any development undertaken without the necessary permission is however carried out at the owners risk and there can be no guarantee of a successful outcome for any such application.

"In this instance, the retrospective application for the hot food takeaway has been refused.

“The Local Planning Authority are currently progressing potential enforcement action to rectify the breach of planning control.

"There is however a right of appeal with the Planning Inspectorate to both the planning application refusal and any subsequent enforcement action.”