A fast food company has vowed to fight on after a second application to open a pizza takeaway near a Brighton school was turned down.

Dominos Pizza was refused planning permission to open an outlet in Ladies Mile Road, less than 100 yards from Patcham High School.

More than 100 residents signed a petition against the application and on Thursday members of Brighton and Hove City Council planning committee went against planning officers’ recommendations and turned down the proposals.

Speaking after the decision, a spokeswoman for Dominos said: “We are very, very disappointed especially as we had support from a wide range of places, including the police.

“We are taking stock of where we are now but we are not giving up.”

When making its decision the committee took into account a recent High Court judgement which ruled that a school’s healthy eating programme can be taken into consideration when granting planning applications for takeaways.

Officers had recommended that councillors granted permission for the former betting shop, which has been empty for two years, to be turned into a takeaway.

However, during their meeting councillors raised concerns about increased parking and traffic in the area and antisocial behaviour.

Councillor Brian Pidgeon, a Patcham ward councillor, also highlighted residents’ worries that it was too close to the school and a youth club.

He said: “I ask you to think of the health of our children and refuse this planning application.”

Richard Unwin, representing Dominos, said that although the company was applying for the shop to operate between 9am and 11pm from Monday to Saturday, and from 10am to 11pm on Sunday, it would be willing to only operate a counter service from 4pm on school days to alleviate concerns about schoolchildren buying the food.

Mr Unwin added that the company was planning to spend £250,000 on the building and £250,000 on equipment for it.

He said: “This is a heavy investment in this property, which is in danger of remaining vacant.”

However, six members of the committee voted against the plans, with three in favour and three abstaining.