After weeks of deliberation, the Government’s Planning Inspector has made her decision on the Caffe Nero case.

As reported previously Caffe Nero opened its premises without planning permission. Faced with the enforcement action by Southwark Council, Caffe Nero then applied for planning permission.  But they were refused because allowing another cafe would have broken rules designed to protect the 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 the Council took enforcement action in relation to both this issue and the installation (again without planning permission!) of noisy air conditioning units installed these immediately outside a residents’ bedroom window.

Since the council decision last year, a number of new shops have opened – this means that there is a healthier balance of shops to cafes then previously. The Inspector  took this evidence in to account (rather than just the facts the council considered at the time) and as expected agreed that Caffe Nero could stay.

But the Inspector has ordered Caffe Nero to remove the air conditioning units and threw out their attempt to get the council to pay for the costs of the appeal.

Caffe Nero could now go to the High Court – I suspect that they won’t.  The whole issue has rumbled on for over two years. Many local people feel passionately on both sides of the argument.  I am clear that the council did the right thing in forcing Caffe Nero to operate within the planning system – flouting the planning rules is not acceptable and a council that wants to be taken seriously on planning has to use its enforcement powers. 

The Council made the right decision at the time to refuse planning permission – but in the changed circumstances, the Inspector’s decision was inevitable.

And the air con? Well it may seem peripheral to many but for those residents who sufferred the noise, its an important victory.