Caffe Nero Planning Appeal update
Today, Councillor James Barber and I gave evidence at the Caffe Nero Planning Appeal.
Caffe Nero opened its premises without planning permission two years ago. Faced with the enforcement action by Southwark Council against this breach, Caffe Nero then applied for planning permission. But they were refused because allowing another cafe would have broken rules designed to protect the delicate balance of shops and food and drink outlets in the area. Southwark has a policy of making sure that at least fifty per cent of all shops units are retail outlets in order to ensure a vibrant high street.
Caffe Nero continued trading without permission and in April the Council took enforcement action in relation to both this issue and the installation (again without planning permission!) of noisy air conditioning units, which sometimes operate around the clock. Caffe Nero installed these immediately outside some local residents’ bedroom window. Two local residents explained vividly the impact of this noise.
Since the council decision last year, a number of new shops have opened - this means that there is a healthier balance of shops (54%) to cafes then previously. The Planning Inspector will take this evidence in to account (rather than just the facts the council considered at the time). So even if she agrees with the decision the council made then, it is unliklely the Inspector will uphold the appeal based on the 50% retail rule.
Much of the evidence today focused on the air conditioning units and arguments about whether air-con is a necessary part of running a cafe and how the noise could be lessened. Caffe Nero admitted that it would cost just £5000 to address the problem. But they could not explain adequately why they have chosen not to do so.
In our evidence James and I focused on the behaviour of Caffe Nero in willfully ignoring the need for planning permissions both to open the cafe and to install the air conditioning units. Certainly, their attitude to their neighbours is not a model of corporate social responsibility.
The Inspector said she would make a decision by mid-to-late February.
