DELIVEROO has vowed to appeal against an injunction to stop operating its “dark kitchen”.

Earlier this month, Brighton and Hove City Council instructed the company to stop cooking at the site in Olive Road, Hove, because its planning permission did not cover commercial cooking activity.

Chefs from city restaurants including Chilli Pickle and Gourmet Burger Kitchen operate from the premises in what is known as a “dark kitchen”. Deliveroo opened at the site in April last year to widen the delivery area of popular eateries.

Deliveroo told The Argus the site is not open to customers so does not need the same planning permission as a takeaway.

It says its planning designation, for light industrial or warehousing use, is perfectly acceptable and the same planning designation – B1 – has been approved by councils for identical operations in Nottingham, Leeds and London.

A company spokesman said: “Deliveroo Editions are state-of-the-art kitchens that have increased customer choice, helped independent restaurants expand and contributed to the economy.

“At a time when the restaurant industry is struggling, Editions helps restaurants grow their business and overcome the huge costs of opening a new bricks and mortar site.”

He said Deliveroo had legal advice that the site in Hove has the right planning permission.

The injunction was handed down on March 1 and takes effect on April 5.

The company has until July 5 to comply although an appeal might take months and the kitchen will be allowed to continue to operate meanwhile.

The injunction states the company must cease operation of the building as a food preparation and delivery premises.

It has also been ordered to remove the “external extraction, ventilation and refrigeration plant, machinery and ductwork” which was the subject of a separate planning application at the site.

A Brighton and Hove City Council spokesman said: “Deliveroo believed they could operate the premises under a B1 use class, but after research and consideration we made the judgement that this use class isn’t suitable for the activities being undertaken.

“The local planning authority considers that the use is causing harm to the amenity of occupiers of nearby residential properties.”