Caffe Nero has come under devastating attack for its “cynical exploitation of the planning system” from Michael Fitzgerald QC, retired eminent leader of the Parliamentary Bar, who specialised in planning for more than 40 years.
He was the star independent witness at yesterday’s planning inquiry into Nero Holding’s appeal against Wiltshire Council’s rejection of a retrospective application for consent or its Marlborough High Street café.
Giving evidence after it had been revealed that the coffee chain company had paid rent of £62,000 a year for its prime retail site, 76-year-old Mr Fitzgerald described Caffe Nero as “a cuckoo in the nest.”
“This appeal is the result of Caffe Nero’s deliberate and cynical exploitation of the planning system,” he told planning inspector Phil Grainger sitting at Marlborough town hall.
“Instead of awaiting on their planning application for a change of use, they decided to take up occupation and challenge the planning authority.
“They have provided no explanation or justification for this precipitate and unauthorised action. The planning system would collapse if such action was widely used.
“It must be condemned and deterred. Whatever the result of this appeal, all the costs incurred should be ordered to be paid by Caffe Nero. It is essential that a clear deterrent message is sent out.”
Opening outlets across the country without seeking planning permission has been a familiar feature of the company’s operations, which has resulted in it winning all but one of 17 subsequent planning appeals.
And in Marlborough it opened just four days after the fashion chain Dash moved out of its retail premises having been in negotiation with its landlords since 2011 and the property not being put on the market.
But this action undermined the unique nature of the individuality of Marlborough’s spectacular High Street and went against planning policies.
“Marlborough is the ideal of the small English country town,” said Mr Fitzgerald, holder of the OBE. “This is a rare character which needs to be cherished.”
By appropriating the property, Caffe Nero had undermined the distinctive nature of Marlborough’s success by reducing the “choice and the comparison role” of its central shopping street.
The town’s success was due to the distinctive feature that it supported a high proportion of independent retailers and a high proportion of women’s and children’s clothing hops, which didn’t need Caffe Nero to stimulate its vitality and viability at a time of recession.
“Although Caffe Nero may well be popular and attract footfall to itself, this does not mean that it is making a positive contribution to the vitality and viability of the High Street as a whole,” added Mr Fitzgerald, who lives in Buttermere.
“It is not likely to attract significant if any new shoppers to Marlborough. Rather it will attract to itself existing visitors thereby undermining the viability of existing coffee shops and the vitality of those parts of Marlborough where they are located.
“In reality, far from making a positive contribution, Caffe Nero will simply prey on the existing popularity of Marlborough. It is a cuckoo in the nest.”
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Quotes from the Inquiry “Wiltshire Council recognises that money spent in independent retailers helps to keep the local economy buoyant and maintains thriving town centres,” said Marlborough town councillor and Transition Marlborough supporter Richard Pitts. “As evidence of this, a study by the New Economics Foundation shows 25 per cent spent at independent retailer stays local, versus only 14 per cent spent in national chain. “Our local businesses are predicated on Marlborough’s unique High Street, which further attracts visitors and so ensures the town is kept vibrant. “I don’t not believe the corporate companies do this in Marlborough, they rarely get involved with the local Chamber of Commerce and put their hands in their pockets to fund things like the Christmas lights to promote the town. “Given their attitude thus far, I can’t see Caffe Nero contributing to the viability and vitality in this way either.”
Councillor Margaret Rose, chairman of Marlborough town council’s Planning Committee: “This appeal, if allowed, will be in conflict with the national guidance and local policies that seek the safeguard and underpin the well-being of town centres. “Allowing it would amount to opening up the floodgates to the likes of Caffe Nero to ride into any town and flaunt convention and planning regulations by just setting up shop and throwing down the gauntlet to the planning authorities.” Calling for the appeal to be thwarted, she added: “Marlborough does not need to rely on Caffe Nero for its footfall. In fact it is the reverse. Caffe Nero hoovers up the trade because of its chosen position and this denies trade to the smaller cafes and independent businesses of the High Street, which consequently suffer. “ It’s chain retailers such as Caffe Nero push out independents.”
Liz Rolph, a Marlborough High Street resident, told the inquiry: “Having this café in that position means that people are not moving past that point as much as they did when it was a clothes retailer. So it would be good to see it return to that type of use.
“I have noticed that the other end is given less footfall in many of the individual retailers. I don’t have any scientific evidence of this but, nevertheless, it is now noticeable.
“Having another chain store does take away from our High Street its attractiveness and uniqueness to visitors. So all the businesses do suffer as a consequence.
“Marlborough town council does have the support of many of the residents in this. So I hope the council will be able to keep out High Street attractive for as long as possible.”
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