Caffe Nero was accused at a planning inquiry in Marlborough town hall today (Tuesday) of being “parasitic” when took over the lease of the former Dash clothing retailer because of its peak position in the High Street.
And it was claimed that its decision to open last year without seeking planning consent has had a negative impact on the vitality and viability of trade in the town centre.
Sarah Clover, counsel for Wiltshire, outlined the reasons for the unitary council’s decision to issue an enforcement notice in August for Caffe Nero to stop trading after retrospective planning consent had been refused for mixed trading on the site as a café with a takeaway service.
She did so before planning inspector Phil Grainger and an audience of all but one of some 25 objectors to Caffe Nero’s arrival in Marlborough, which has been the target of a boycott campaign following revelations that it paid no corporation tax in the UK.
Referring to the Kennet local plan, she said: “The council does not believe that this adds positively to the vitality and viability of Marlborough because it does not support nor promote the individuality of Marlborough, which centres on its particular retail trade.
“This is one of the most important and prime units in relation to its location in the High Street. It is very central, very prominent, situated immediately adjacent to the vehicular and pedestrian entrance to the main town centre car parks.”
“It is essentially next to Waitrose which is a major draw to the town centre.”
And she declared: “Caffe Nero is parasitic of these two factors in this locality. Waitrose and car parking which has the tendency to concentrate footfall and pedestrian activity in one limited area of the High Street, which is a negative thing for Marlborough overall.”
Dash which occupied the premises did not leave because of any decline in fashion retail but due to a disagreement over the lease.
Caffe Nero, she pointed out, took over the Dash clothing outlet and was in before the unit had been marketed in any way. Dash, it subsequently being revealed, had quit the premises not because of poor trade but due to a disagreement over the lease.
“The council maintains that another clothing retailer would have quickly taken the lease if available,” said counsel. “And this is what would promote vitality and viability in the High Street.”
James Findlay QC, for Caffe Nero Holdings, surprised the inquiry by revealing that the company, which has won 16 of the 17 planning inquiries it has faced round the country, had a fallback position.
He said it would accept either single or mixed use of the ground and first floors of the property.
He also suggested that either of the two floors could be used for retail and/or takeaway services with separate bars or, conditionally, make use of just one of the planning permissions.
This was a significant element at the inquiry as the planning inspector had intimated in his opening remarks that dual use of the premises might not be considered a lawful situation.
In cross-examining Michael Muston, an independent planning consultant with 24 years experience working in local government, Mr Findlay said there was evidence that branded national café chains such as Starbucks and Costa Coffee were acknowledged for adding to the vitality and viability of town centres and for promoting competition.
He indicated that evidence to be given by Ben Price, the finance director of Caffe Nero Holdings, that he estimated that the 2,600 customers a week would rise to 3,000 and even 3,200.
And that the takeaway element too would increase from 22 per cent to 30 per cent making Caffe Nero a substantial business in the High Street.
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