Planning inquiry inspector Phil Grainger has been accused of creating an “ominous precedent” in granting Caffe Nero permission to continue trading in Marlborough High Street after opening its coffee shop without planning consent.
And it is claimed too that his decision is a perverse one in that the test the café chain faced was whether it added to the vitality and viability of Marlborough, not one based on the fact that it caused no harm.
This charge has come from Richard Gamble, vice-chairman of Wiltshire Council’s eastern area planning committee, who overturned his own officers’ recommendation to grant Caffe Nero Holdings retrospective consent.
And both Councillor Gamble and Marlborough town councillor Val Compton, who led a boycott campaign against Caffe Nero, have raised the issue with local Tory MP Claire Perry in the belief there should be sanctions against firms that break, though not unlawfully, planning rules.
John Kirkman, chairman of Kennet CPRE, told Marlborough News Online: “The Inspector has taken a bite off the attractiveness of our High Street as a shopping centre. Shoppers enjoy relaxing in a cafe during and after a shopping expedition, but a declining number of shops will bring a declining number of shoppers seeking relaxation.”
“The Kennet Local Plan and the emerging Core Strategy for Wiltshire, both created after extensive consultation with the residents of the area, plainly express the wish to keep the ground floors of premises in the centre for ‘comparison retailing’ – retailing that offers opportunities for browsing and window-shopping.”
“The Inspector has ignored that wish and has given the go-ahead, on a prime window-shopping site, for a fourteenth outlet for coffee in the High Street and its associated Yards, not including pubs and restaurants.”
“His decision sets an ominous precedent.”
Councillor Gamble said “Obviously I am disappointed that the inspector allowed the appeal as I believe Caffe Nero had opened in contravention of adopted planning policy, which is that such a change of use should only be allowed if the change ‘makes a positive contribution to the vitality and viability of the centre’.”
“The inspector agreed that the applicant had failed to prove that it made such a contribution. Indeed he said , ‘the suggestion that a coffee shop would have this effect seems a little surprising and I can understand why many people were not fully convinced’.”
“Unfortunately, he also considered that the policy was ‘somewhat at odds with the overall thrust’ of the national planning policy framework in that it required too strict a test. Instead, he took the view that there was no real evidence that the coffee shop had actually caused any harm and he pointed out that no trader or body representing shopkeepers has come forward with any evidence of trade or activity having fallen off on the extremities of the High Street since Caffe Nero opened.”
“I hope the inspector’s view is correct as I want Marlborough High Street to prosper. It would be a great shame, and an indictment of the appeals process, if the opposite now occurs. However, recent closures in Hughendon Yard, for example, may suggest that all is not well.”
But Councillor Gamble believes Mr Grainger has imposed “useful conditions” on Caffe Nero.
“First, that no primary cooking of unprepared food should take place, which may be reassuring to residents of the building,” he revealed. “Second, that the premises should only be open in the daytime.”
“But I remain very concerned, however, that this major corporation, as a matter of routine, opens premises without having received planning permission and that no sanctions exist to penalise such arrogant behaviour. An eminent QC who lives in the area and who spoke at the appeal hearing put it much better than I can.”
“He said, ‘This appeal is the result of Caffe Nero’s deliberate and cynical exploitation of the planning system. Instead of applying for permission for a change of use as they should, they decided to take up occupation and challenge the planning authority. They have provided no explanation or justification for this precipitate and unlawful action. The planning system would collapse if such action was widely used. It must be condemned and deterred.”
“It is not surprising that the company is also one of those that also avoids paying tax in the UK, like Starbucks and Amazon. I will be writing to Claire Perry to ask her to bring the matter to the attention of Ministers and to seek closure of this planning loophole as soon as possible.”
Val Compton told Marlborough News Online: “I am hugely disappointed that we have no control, however hard we try, over protecting Marlborough’s unique and ‘quintessentially English market town’ feel.”
“I’m not sure redefining the our understanding of mixed A1/A3 is helpful, or if it simply paves the way for Starbucks and all the rest.”
She added: “Caffe Nero have cracked yet another town and are now stronger than ever, as their evidence collected after opening and trading without planning permission, was all accepted as admissible and this is where I feel we perhaps need a change in the law.”
“It is only through their financial might that they can bully their way in — few independents would dare to knowingly do the same, as all their funds are generally sunk into the starting up of a business.”
“We cannot sit back and accept that multi-nationals can be allowed to exploit this advantage and I shall certainly flag my thoughts up with Claire Perry.”
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