A COUNCIL decision to reject plans for a fetish club in Dudley has been overturned by the Planning Inspectorate.

The Bristol based Inspectorate has granted permission for the Valhalla Club to operate from an industrial estate in Dock Lane after Dudley Council refused a proposal back in March.

The plan requested a change of use from a storage facility to a photographic studio and private members' club with a licensed bar, chill out area and studio area.

Dudley's development control committee rejected the advice of officers and turned down the proposal - saying the location near to homes and Dudley Leisure Centre wasn't the "right place" for the activities of the club which describes itself as a" fetish and alternative lifestyle social club, photographic centre and hire venue".

However, planning inspector JP Roberts overturned the decision and an application for costs was made against the council which will be the subject of a separate decision.

In his report the inspector notes the application was rejected due to concerns about noise, disturbance and the social and cultural cohesion of the community, the effect on nearby businesses and road safety concerns.

But, the report states, the club which hosts themed events including 'foot fetish feasts' and 'red shoe events' has been operating for more than six months and there has been "no submitted evidence of anyone suffering from noise or disturbance".

It also noted the nearest homes were 70m away and the only windows to the club face industrial premises at the back, with the inspector adding: "I consider the nature of the building, the relatively small capacity and the disturbance from neighbouring residential properties would ensure noise and disturbance are unlikely to result in material harm to residents' living conditions."

The report also noted: "Noise from cars and members arriving and leaving, even late at night, would be unlikely to be greater than the the noise generated from the use of the site as a warehouse."

The inspector also concluded the club, which caters for the lesbian, gay, bisexual and transgender community and other minority groups, would not affect businesses and that satisfactory parking arrangements had been made.

The report said the council had not explained how businesses might have been affected and it said the authority's allegation the club would be "incompatible with the social and cultural cohesion of the community" lacked credibility.

A petition against the scheme was noted but the inspector said only a few signatories lived nearby and many gave no address or addresses were illegible.

The report added: "The petition raises concerns about public safety, particularly that of children, crime and disturbance, but provides no explanation as to how such concerns arise from the proposed use.

"The appellant suggests the comments, and this reason for refusal, arise from prejudice against the members of the club, who include members of the lesbian, gay, bisexual and transgender community."

The report concluded the proposal would not "harm" the living conditions of residents or social or cultural cohesion and the inspector granted permission for the club to operate on the condition that parking is made available for customers/members at all times and that the premises do not open to the public or private members outside the agreed hours - Sunday to Thursday noon to 11pm; Friday noon to 2am on Saturday morning; and Saturday noon until 2am on Sunday morning.