Wiltshire Council revealed today (Friday) that the decision to deny retrospective planning permission to Caffé Nero will now result in the issuing of an enforcement notice to halt its operation in Marlborough’s High Street.
But it will give Caffé Nero a minimum of 28 days before it takes effect.
“However, this will take a while to sort out as investigations of title have to be made to ensure that any notices are properly served on those with a legal interest in the property,” chief development planning officer Mike Wilmott told Marlborough News Online.
“Furthermore, any enforcement notice has a minimum of 28 days from serving on the owners before it takes effect, and if an appeal is lodged by any one of those served with a notice within this time period, the requirements are suspended until the appeal is heard.”
“The use can continue up until whatever period the Inspector considers appropriate for complying with the requirements of the notice, assuming he upholds it.”
“If he allows the appeal, then planning permission is granted and the notice has no effect.”
So in short, and assuming that Caffé Nero appeal (a reasonable assumption), there is no prospect of the use ceasing in the foreseeable future. The decision will then rest with the planning inspectorate.”
Wiltshire has now issued a notification of its refusal of full planning permission sent to Nero Holdings at its offices in Covent Garden, London, which states:
“The proposal conflicts with policy ED18 of the Kennet local plan, which states that planning permission in this designated prime shopping area will not be given for the change of use of ground floor premises to use other than Class A1 of the schedule to the Town and Country Planning (Use Classes) Order 1987 as amended unless the development makes a positive contribution to the vitality and viability of the centre.
“The council does not believe that the proposal meets these criteria, it considers that the applicant’s evidence on this point is unsubstantiated and that the proposal would conflict with the National Planning Policy Framework that seeks to promote the individuality of town centres, which in the case of Marlborough centres on the broad range of local independent operators.”
“It would also conflict with the objectives of the Marlborough Area Plan, which seeks to maintain a vibrant and healthy High Street through support of independent businesses.”
And it adds that “the proposal makes provision for a fire escape from the first floor” of the premises.”
Read:
Richard Pitts’ Statement of Objection
Liz Rolph’s Statement of Objection