Caffe Nero's coffee shop in Marlborough refused planning permission

8:16am Friday 20th July 2012 in Marlborough By Jill Crooks

Caffe Nero converted the former Dash store without planning permission Caffe Nero converted the former Dash store without planning permission

In a surprise move Caffe Nero has been refused planning permission for a cafe/takeaway in Marlborough High Street.


The national coffee chain opened the shop in the former Dash ladies’ clothes shop at the end of April before its planning application for change of use had been determined, which angered many locals.


Its retrospective planning application was before Wiltshire Council’s Eastern area planning committee last night and planning officers had recommended it be approved, arguing that since it opened large numbers of people had been using it and it made a positive contribution to the vitality of Marlborough town centre.


But the committee rejected the application and said the figures on the number of customers, provided by Caffe Nero, could not be substantiated.


The committee also said the coffee shop was contrary to the National Planning Policy Framework regarding the individuality of town centres and against the objectives of the Marlborough Area Plan.


The committee voted seven to one in rejecting the application.

This morning traders in Marlborough welcomed Wiltshire Council's decision to refuse Caffe Nero retrospective planning permission for its High Street coffee shop, which began trading in April without change of use consent.

Paul Simell, president of the town Chamber of Commerce, said: "Wiltshire Council has done us proud.

"It is a landmark case that states any business shouldn't be coming into any town without planning permission, which any other business has to obtain.

"I am thrilled Wiltshire Council has stood up against this for the wellbeing of the town."

Mark Waring-Jones, who runs Applebys cafe in Hughenden Yard, Marlborough, was equally delighted. He said: "It is good to know someone is looking after the town. If the decision had gone the other way it would have set a massive precedent."

However, Mr Waring-Jones' delight was also tempered with apprehension. "I'm not going to get carried away because the next stage is that they will go to appeal and that is where it is going to be won or lost."

Comments(8)

FromTheWirral says...
12:14pm Fri 20 Jul 12

So an appeal will be lodged, then another ad infinitum... and they knew it too, but will continue to trade nonetheless. Force them to shut surely?

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Ex-resident says...
1:43pm Fri 20 Jul 12

The only way to get rid of Cafe Nero is to stop drinking there. I walked past last week and it was full of local people!

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piddle says...
4:41pm Fri 20 Jul 12

it's a terrible place...great coffee, smiling staff, free wifi, toilets, 7am to 7pm, comfy seats...I'd rather use the other 'quaint' tea rooms in Marlborough. Nice to see the petrol station is finally let - only taken 10 years to sort it out. Why wasn't this shut years ago...I was fleeced £1.79 a litre a few months ago.

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WhiteHorse5 says...
1:44pm Sat 21 Jul 12

That planning permission is required for this only serves to demonstrate how mired in red tape and regulation our business environment has become. And don't forget, these planning hearings and appeals happen at our - the council tax payers - expense.

In my view, shops on a high street should be available for any sort of business, so long as they do not create a nuisance in terms of noise or general disruption. It should not be the job of local councils to say what is and isn't permitted.

As for those who run other cafes bemoaning the fact that cafe Nero opened, I'm afraid that's competition. It's a feature of life and we are all the better off for it. At the end of the day the people will decide which companies win and lose.

As an aside, I wonder what would happen if Cafe Nero closes. It will be interesting to see whether any other retailer wants to take that space. Personally, I'd much prefer a cafe there - adding choice to the high street, paying rates and creating jobs - than an vacant unit.

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blackstone says...
5:20pm Sun 22 Jul 12

if Cafe Nero is making a living there ,clearly it was needed-----and I could have told you what other cafe owners think about it
There was no need to ask them

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ace reporter says...
4:47pm Mon 23 Jul 12

Appeal will not fail as stated in the Officers recommendation so a hollow victory and costs will probably be awarded against the Council for sticking their heads in the sand trying to stave of the effects of a recession and the reality that the small retail sector is dying:
10. Conclusion
Policy ED18 only prohibits changes of use away from A1 in prime shopping frontages where the
development would fail to make a positive contribution to the vitality and viability of the town
centre. In this particular instance, which concerns a retrospective change of use with an A1
element, the evidence base shows a thriving business which is attracting significant numbers of
customers, more than most surrounding retail businesses. It cannot therefore reasonably be
concluded that the proposal is harming the vitality and viability of the town centre. Furthermore a
recent appeal decision at Skipton indicates there would be little prospect of any refusal being
upheld at appeal.

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HealeyDriver says...
1:02pm Thu 26 Jul 12

Ah yes, another of the Eastern Area Planning Committees decisions of genius. At what point will it be accepted that Councillors are by their very nature politically biased, self focused individuals without (or at least very rarely) any property or planning experience. This is almost certain to be approved at appeal based on the Skipton case which has established a precident for exactly this situation and improved footfall figures over the previous user. I would fully expect the Planning Inspectorate to uphold the decision of the Planning Officers in approving the change of use and were will we be then? The public (and Caffe Nero) will have expended considerable sums to challenge what should have been a shut and dry case all for some local Councillors' 5 minutes of glory. Perhaps all local councillors should be sent on a course to educate them in the way the planning system works before they are let loose to impact our built environment. Shame on you.

I hope the Gazette and Herald, Marlborough Town Council and Appleby's are proud of their (now expensive) campaign of propaganda. I for one will not be using Appleby's again as a result. Interestingly I didn't notice any objection to that new bakers/coffee shop next door to the lighting shop? Is that because its a small chain rather than a national?

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Arthur0 says...
2:59pm Tue 31 Jul 12

I'd far rather go to a national than an independant, you get a certain typical standard. Independants seem to be a law unto themselves. The customers now choosing Cafe Nero instead of the independants are sending the latter a message, & those establishments don't like it, do they?Perhaps if they'd have provided what the customer seeks, they wouldn't have anything to complain about as their businesses wouldn't be affected.

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