Just over two years ago Caffe Nero opened a cafe on Lordship Lane. The premises had previously been a very busy electrical retailer with planning consent as a shop (A1). To sell food and drink for consumption on the premises requires A3 consent. Caffe Nero opened its cafe without obtaining change of use planning consent from A1 to A3/A1. Council officers saught enforcement. Caffe Nero then applied for planning permission. The Planning Application came early 2007 before the dulwich community Council Planning Committee.

Personally, I had expected to approve the planning applciation as per officers recommendation. On the night Caffe Nero and its agents decided not to attend the planning committee. I’ve never seen this happen before or since as questions of the applicant always come up at planning committees. Officers gave oral evidence that Lordship Lane would, if the planning application were approved, have less than 50% shops – contrary to council policy as a high street rapidly declines once shops fall beneath a critical mass. We also heard evidence from neighbouring residents how Caffe Nero airconditioning condensing units were very noisy, going on/off 24/7 immediately outside bedroom windows and Caffe Nero were unresponsive to fix the problem.

On this basis, and with a heavy heart, that the eight committee members unanamously refused planning permission contrary to officer recommendations. The committee had three councillors whose regular jobs are as barristers – so we were meticulous exploring all the evidence presented.

Officers then issued two enforcement notices. One about the illegal A3 use and a second about the anti social noise. Caffe Nero then appealed the planning permission refusal. This formally delayed the two enforcement notices.

After a considerable period finally on Tuesday 24 January a Planning Inspector heard the Caffe Nero appeal. Caffe Nero team of seven kept suggesting that residents and council officers were imagining the noise disturbance and must be mistaken.

Sometime between now and the end of February we’re due to hear the planning inspectors decision.