Planning inspector quashes Wiltshire Council enforcement notice

9:01am Friday 1st March 2013 in News By Anna Mauremootoo

Caffè Nero's coffee shop in Marlborough High Street Caffè Nero's coffee shop in Marlborough High Street

Caffè Nero will remain in Marlborough High Street after winning its planning appeal.

Planning inspector Phil Grainger has quashed an enforcement notice issued by Wiltshire Council against the coffee giant meaning the multi-national company can continue to trade from 21-22 High Street.

He reached this decision after a two day public hearing at Marlborough town hall which concluded on February 7.

In an 11-page report he explained that no evidence given during the hearing could lead him to the conclusion that Nero’s presence in the High Street has damaged the vitality and viability of Marlborough.

He stated: “Although I do not condone breaches of planning control, the fact that the coffee shop has now been open for about nine months means that there has been the opportunity for harmful effects to have occurred and been noticed.

“Even if this period is too short for shops to have closed and vacancy rates gone up on the periphery of the centre (or elsewhere), I would have expected businesses to have noticed a reduction in customers or trade if there had been a serious effect.

“Furthermore, if they did not wish to make their individual position known in a public forum it would have been open to them to put forward views through the local Chamber of Commerce or similar body.

"Whilst individuality is a factor to take into account, there are no planning policies in place to protect it directly and insofar as it relates to the type and nature of the retail offer it is not easy to see how this could be done.”

Caffè Nero moved into 21-22 High Street on March 24, days after submitting a change of use application, although the firm did not begin trading until April 30.

The company has now won 17 ou t of 18 planning appeals.

Comments(20)

marlborough2 says...
1:28pm Fri 1 Mar 13

Good!

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Laptop_Larry says...
4:56pm Fri 1 Mar 13

He stated: “.... I do not condone breaches of planning control...."

Seems to me that he does just that.

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daws says...
6:17pm Fri 1 Mar 13

marlborough2 wrote:
Good!
You clown. They ve muscled their way in to town and got away with this carte blanche! took me 3 attempts and 12 months to change my own front door through the planning commitee , annoying, but went i the right way about things! feel for the independents , this will open the door to every two bit rank coffee chain!

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wondering why says...
5:37pm Sat 2 Mar 13

just shows money, a good lawyer, a planning consultancy and shear nerve can get you what you want. I'll still buy from an independent coffee shop when shopping in town

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countryfan says...
8:12am Sun 3 Mar 13

Nero won!!!!
Can anyone else remember the meeting in the Town Hall when Waitrose proposed it's huge extension and the store's promises not to sell newspapers, magazines etc that would affect local business and they promised NO CAFE.
Why was there no outcry when Waitrose opened it's coffee shop, or indeed start selling the other items,....did that not have an affect on the town's small independent cafes and businesses.?????????
??
Remember when Marlborough had four independent newsagents and sweet shops. What finished them off????

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FromTheWirral says...
1:22pm Mon 4 Mar 13

I get annoyed when the 'independents' argument is brought into this, I have tried all of the 'independents' in Marlborough over the course of time and for one reason or another they were all lacking, they don't automatically warrant any business and the fact remains the bigger chains sell a better product.

Good for Nero. Good for Marlborough.

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daws says...
6:27pm Mon 4 Mar 13

FromTheWirral wrote:
I get annoyed when the 'independents' argument is brought into this, I have tried all of the 'independents' in Marlborough over the course of time and for one reason or another they were all lacking, they don't automatically warrant any business and the fact remains the bigger chains sell a better product. Good for Nero. Good for Marlborough.
What a mug! your missing the point, what they did was against all rules, and if you like their coffee then you need your taste buds scrubbed with boiling caustic! very decent coffee in the 2 independents i use , and this is shocking news for the hard grafting owners who have ploughed thousands into their own buisnesses and then see this allowed to happen. For god sake wake up !

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FromTheWirral says...
10:32am Tue 5 Mar 13

Mug? Because I disagree with your simple view point? And you also presume to tell me how my taste buds function? Wow, I mean just wow... how did the rules work out for you then? Oh yeah...

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FromTheWirral says...
10:37am Tue 5 Mar 13

Daws, here's a quote from the article...

"In an 11-page report he explained that no evidence given during the hearing could lead him to the conclusion that Nero’s presence in the High Street has damaged the vitality and viability of Marlborough"

Read it properly. You just a pi$$ed off 'cos of your front door? C'mon, let it go...

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daws says...
5:07pm Tue 5 Mar 13

like i said... your a mug.how they went about things is a disgrace, why have planning laws in place if they just get flaunted and then drag it all through costly court proceedings? i really feel for our local traders who find it hard in times like these. You obviously dont come from the area and couldnt care less you selfish pompus pratt!

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notscot says...
6:23pm Tue 5 Mar 13

If Nero had actually broken any laws - they wouldn't have ended up eventually WINNING in 17 out of 18 planning applications. Or are you saying there's corruption, bribery or other involved?
If you are - state it clearly - let us all look at the facts you've seen - we can all then ask what's going on. If you're just showing prejudice - if you don't consider Nero's to be good enough for Marlborough - you may be in the minority.

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notscot says...
6:24pm Tue 5 Mar 13

Sorry - my last comment was directed at daws.

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FromTheWirral says...
9:05am Wed 6 Mar 13

You're right Daws I don't come from the area (how did you crack that one Sherlock?) and like Notscot says they didn't actually break any laws, so your argument is about as solid as your IQ.

Local trade has not declined or been affected, so I guess you work in one of the 'independents' shops whose service and quality has remained consistent to those that use them as none have gone bust since Nero moved in.

Get a grip. And your front door is crap.

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einrobinator says...
9:30am Wed 6 Mar 13

Major Coffee chains blow. Independent retailers require our support, what is wrong with people?!

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FromTheWirral says...
10:46am Wed 6 Mar 13

Require, yes. Deserve? Different thing entirely.

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HealeyDriver says...
2:00pm Wed 6 Mar 13

I've said and commented as such on here several times before, they were always going to win. That is frustration of it all! I would casually guess, in fact, I might put in a freedom of information request to check it, that Wiltshire Council and Marlborough Town Council have accumulated well over £20,000 worth of Council Tax payers funds in staff hours, reports, meetings, appeal hearings etc. and all because of some jumped up, selfish local councillors not understanding what it is they actually do. This is a PLANNING case based on the requirements of the planning policy not on some whimsical desire to have strong independent retailers. This is a question of demand as well rather than competition. Costa and Nerro are largely well occupied as are some of the independents, if there is market demand for another, why not open it. If it had been a local independent in breech of planning or putting in a retrospective application then I seriously doubt this would have caused the fuss it has and therefore don't hide behind the planning arguements when its clear your issue is with a chain retailer. Rightly or wrongly retailing is changing and both retailers and the towns they occupy need to accept that and move with the times.

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daws says...
5:28pm Wed 6 Mar 13

FromTheWirral wrote:
You're right Daws I don't come from the area (how did you crack that one Sherlock?) and like Notscot says they didn't actually break any laws, so your argument is about as solid as your IQ. Local trade has not declined or been affected, so I guess you work in one of the 'independents' shops whose service and quality has remained consistent to those that use them as none have gone bust since Nero moved in. Get a grip. And your front door is crap.
No, dont work in a coffee shop, i actually own one of the pubs in the highstreet and you just talk ****.WHAT A MELT!

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well oill beef hooked says...
7:04am Thu 7 Mar 13

I do not see a problem with neros.What would you prefere? A shop what what is trading or a empty shop what would take months to fill. They may have done things the wrong way with regard to planning but they have not been the only ones in the town. In time there will be no need to go in the town center as everything will be out of town like every thing else.Enjoy the town whilst it last.

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notscot says...
12:54pm Thu 7 Mar 13

daws wrote:
FromTheWirral wrote:
You're right Daws I don't come from the area (how did you crack that one Sherlock?) and like Notscot says they didn't actually break any laws, so your argument is about as solid as your IQ. Local trade has not declined or been affected, so I guess you work in one of the 'independents' shops whose service and quality has remained consistent to those that use them as none have gone bust since Nero moved in. Get a grip. And your front door is crap.
No, dont work in a coffee shop, i actually own one of the pubs in the highstreet and you just talk ****.WHAT A MELT!
If Daws is an example of the "local" traders, I think Nero's will probably do well.

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FromTheWirral says...
8:56am Fri 8 Mar 13

Ha! Well said...

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