January is now the likely date for a public inquiry into an appeal lodged by Caffe Nero against an enforcement order issued by Wiltshire Council for it to stop trading illegally from its prime location in Marlborough High Street.
Now the appeal has been made, Marlborough town council’s own planning committee will on Monday set out its priorities to present its case to a government planning inspector, seeking to uphold its objections and those of 60 retailers and individuals opposed to Caffe Nero’s presence in the town.
Those priorities will probably be an initial plea for the inquiry to be held at Marlborough Town Hall so that traders and residents can attend, the more so as the planning process has been so slow to reach an inquiry stage.
And the second is preparing its own dossier of evidence to back up its case, a town survey of all existing coffee shops and bars at the heart of it.
This follows the refusal more than three months ago of Wiltshire Council’s eastern area planning committee – on a vote of seven to one — to grant the international company retrospective change of use permission for the premises.
Caffe Nero opened its coffee shop in a former fashion store in April without seeking permission first, abusing regulations that it should do so in a trade mark decision by the company in similar cafe launches in towns across the country.
They have subsequently still resulted in it winning 16 out of 17 appeals, calls for tougher legislation ignored by the government which has wanted to speed up planning decisions.
“We are only a small town, but unlike others who have capitulated to Caffe Nero, we refuse to roll over and will stand our ground on this major planning issue affecting a site that has A1 sales retail and is in a prime location,” Tory Councillor Margaret Rose, who chairs the town council’s planning committee, told Marlborough News Online.
“I shall be seeking to carry out a survey of all the coffee bars and cafes in Marlborough to see the effect Caffe Nero has had on their trade since it abused the laid down regulations and opened up in the High Street without change of use planning permission.”
“I shall be calling on the Chamber of Commerce to help us with the survey, which will identify those businesses that have suffered from Caffe Nero’s arrival here.”
“Caffe Nero is in a position to cream off all retail trade that smaller cafes would receive and therefore small cafes are loosing revenue. I hope our survey will enable use to assess exactly what has happened since April and enable us to bring those who have been seriously affected on board.”
She added: “Sadly we are now without a our late town clerk, Derek Wolfe, but with the support of my fellow councillors, the Chamber of Commerce and Wiltshire councillor Richard Gamble, who is vice-chair of the area planning committee, we shall be ready for the fight.”
It was Councillor Gamble who led the attack on Caffe Nero – and Wiltshire’s own planning director Mike Wilmott – at its July meeting that resulted in the seven to one refusal vote.
He virtually accused planning officers of failing to understand the existing planning legislation and the county’s own core planning policies. And he dismissed as “unproven and unsubstantiated” a survey of customers report Caffe Nero had submitted to the council supporting its claim that it was adding “vitality and viability” to the town.
Councillor Gamble told Marlborough News Online: “I will be attending the public inquiry and hope to be able to speak in support of the planning committee’s decision to reject Caffe Nero’s retrospective planning application.”
Mr Wilmott told Marlborough News Online : “I can confirm that Caffe Nero have lodged their appeal against the enforcement notice. The inspectorate has confirmed that the appeal is valid and that it will be determined by a public inquiry.”
“The date for the inquiry is not yet confirmed but is likely to be in January. The venue cannot be confirmed at this stage as we have no firm date yet.”
He pointed out hat the appeal is being made on two specific grounds.
One is simply that that planning permission should be granted for the use of the High Street premises. The other is that “the steps required to comply with the requirements of the notice are excessive – on the grounds that there is no policy reason why a mixed A1/A3 use could not be retained on the first floor – so the steps for compliance should only relate to the ground floor.”
Mr Wilmott added: “We will be sending notice of the appeal out to those who made representations on the planning application in due course.”
