Nero Holdings Limited - stay of execution

[macroban]

Caffe Nero [8-10 Lordship Lane] was due to be closed down on 11 June 2007 as a result of the London Brough Of Southwark Planning Enforcement Notice issued on 27 April 2007.

This was because the A3 (restaurant) usage would [sic] adversely affect the "protected shopping frontage" [8-24 Lordship Lane].

Nero Holdings Limited has appealed against the Planning Enforcement Notice.

One of the grounds of appeal is that "Cafe [sic] Nero has therefore had a positive effect on the vitality of the key shopping frontage and Dulwich as a whole".

[Jeremy]

"Cafe Nero

> has therefore had a positive effect on the

> vitality of the key shopping frontage and Dulwich

> as a whole".

There is probably some truth in that, to be honest.

[tomk]

A lot of truth, I would say.

[Mark]

Closing it down now would take away a popular service and mean there's a an empty shop unit on Lordship Lane. Caffe Nero have done wrong there's no denying that so would it be possible to grant them A3 yet fine them a huge amount for the offence, say ?223,000 which would have to go directly into our community? I've met people who are adamant that Caffe Nero must close down because they've done wrong but closing them down isn't the only option (or is it?). It would be great if it could be turned to the East Dulwich community's advantage, keep it open and have the money to put back into community wardens, street cleaners, general improvements etc

When's the appeal hearing?

[Michael Palaeologus]

I think "Dulwich as a whole" is a bit strong - certainly "the bottom end of LL"

[macroban]

Hearing date not yet set.

Appeal Reference: APP/A5840/C/07/2046890

Submissions (in triplicate) to:

The Planning Inspectorate

Room 3/21 Eagle

Temple Quay House

2 The Square

Temple Quay

Bristol

BS1 6PN

no later than 31 July 2007.

[citizenED]

Perhaps they could be granted their licence as on the condition that they employ some more cleaners to keep the place tidy.

citizen

[bawdy-nan]

I suspect that a private individual who flouted planning regs wouldn't get away it. The Plough have also gone ahead with their "gazebo" (outdoor restaurant) without planning approval. I suppose big businesses just assume they'll manage to get it through with a bit of argy bargy and a bulldozer-like approach

[fractionater]

Nero's is great - DON'T close it down!

I love my sat am Chai Latte's - much better than starbucks anyday!

[Tom]

I don't think the plough putting up a few beams to shade the smokers is really in the same league as Cafe Neros blatant disregard for planning laws.

Nero have acted like the italians they so proudly mimic, in that they do what they want, apply retrospectivly and then pay the 'fine'.

I am torn on this one. I think tearing down Nero would leave a messy shop front on LL which would be a nightmare to fill the unit.

Is it stays, it sets a precedent for other chains.

I wish the council had the balls to stop building works which are clearly flouting planning laws then we wouldn't have this issue.

I think Nero will stay, but should be strictly limited to reduced opening hours, and should not serve 'food' which i believe is the contentious point. A fine should be paid and be used towards a community project (the roundabout?).

[Brendan]

Tom Wrote:

-------------------------------------------------------

> A fine should be paid and be used towards a

> community project (the roundabout?).

Perhaps to install some stocks on the roundabout where those reponsible for Nero?s bolshy behavior can be locked up and pelted with half finished frapachinos and lattes for our Saturday morning entertainment. >:D<

[citizenED]

Like Tom, I am torn on this too, because i think the presence of Nero has been generally a positive one and, on a selfish note, I love going in there - but I would not like a precedent to be set for other chains. Hate to think that they get their retrospective planning permission and then other chains move in. Must admit it would be one in the eye for them if the council closed them down.

citizen

[Brendan]

I also don't think they should be closed down but some kind of strong statement should be made. Perhaps force them to change their shop-front so that it doesn't look like it is made of lego.

[Tom]

I have a sneaking suspicion that the planning issue is to do with business use rather than the shitty corporate identity applied.

I was mulling this over whilst sat in a very dull meeting and have decided that a whacking great fine that would essentially render the business unprofitable for 2yrs would hurt them sufficiently, and also set a great precident for any other chains thinking along the same lines.

[iamyamyam]

Does anyone know if the council has the ability to levy a fine for this trangression? I would imagine that it is simply a matter of closure under the original planning notice. I'm afraid I support the closure, if the rules aren't enforced big companies will ride rough-shod over the decisions of, lets face it, our elected representatives. We can vote the council out, more diffcult to get rid of a multinational

[*Bob*]

Have to say I agree with iamyamyam

Nero this time. Who next? The Colonel? Ronald?

[Keef]

Will never happen. They've been around ages, and if they were going to come to ED, they would have done it a long time ago (pre 2000 at least).

[*Bob*]

Twas just to make the point, really - not because I think it'll happen.

The point being, that if you let Shop A bend the rules just because a chunk of people like the place and they've tidied up a bit of shop front, then you've already lost the battle when Shop B comes along and does the same thing. And there are a lot worse chains than Nero and TWS out there..

[eccentric]

I'm not sure if they can bend the A3 use back to A1. A3 means you cook from scratch on the premises. you can with A1 use serve hot food prepared elswhere and re heated.

[Muttley]

For me the best penalty would be to kick out Caffe Nero and grant a cafe licence to a start-up. It would send a strong message to the corporate bullies, encourage another local business, and give the people of East Dulwich what they want - a light and airy cafe in an excellent location.

[Quaywe]

As the person whole lead the "Anti-Nero" movement (along with Angela from SE22 magazine back in January 2006) I am very happy to hear that Southwark have actually grown some balls and threatened to shut these capitalist muppets down.

On the other hand; since Nero opened it's doors I have seen a shop become a very popular destination for a lot of ED locals. It appears that Nero the chain store and all it stands for has a really big base of ignorant customers simply willing to turn a blind eye to what it is doing to the area overall in exchange for a good "know what you're going to get every time" coffee and muffin.

Now I am torn. I wouldn't like to see an empty shop left on LL. We have enough of them already. HOWEVER I also know that by allowing Nero to remain open despite its deliberate flouting of planning law would be to send a message to all chain stores (yes, there will be more folks) that this kind of activity is acceptable.

If Southwark was to let Nero stay open because it "has therefore had a positive effect on the vitality of the key shopping frontage and Dulwich as a whole" OR "closing us down will only cost the employees their jobs" then it should be imposed with a very hefty fine. Not some piddly little fine, but something big enough to make HQ think "now that exercise really wasn't worth it was it".

Ultimately I have never set foot through the doors of the ED branch of Nero so I wouldn't miss it. Although quite a few of you seem to like it I don't think those that do would all agree that the way that Nero has gone about setting up shop was a good way. Further, I don't think many of you would want to see every chain store that WILL open their doors here sooner or later use the same tactics. If they did and were allowed to get away with it I think we would see a very reduced set of "chain store loving" locals.

It's time to think outside the square folks. It's not like you're going to be missing out on a good coffee as a result; there are plenty of places to get one in ED (Mon Petit Chou, Drum, BMC to name a few - and all non-smoking now). Shutting Nero down will teach all of those chain stores that their tactics are not acceptable and that they should follow the law like everyone else does. I'm all for it and will be writing to the council with such a message.

[citizenED]

Thanks EDKiwi - tomorrow morning I am going don to Petichou in Peckham. I will drink a coffee and feel totally righteous.

citizen

[tiddles]

much as I love my coffee, since Nero arrived, 2 local shops have shut down due to rent rises - any connection??

once the high street big boys are here, the local long standing businesses who rent will eventually be forced out.

Yes, the coop, 7-11, somerfield and iceland have been here yonks, but its the 'trendy' shops who are going to really have an impact.

I am afraid that I frequent all of these so am certainly not blameless - it's the old contradiction of old and new - whats progress and what is destruction of a local high street.

ps petitou is fab

[iamyamyam]

You can make general reccomendations to the planning inspectorate who will rule on whether Southwark have enforced the rules properly. You can do this on T'internet at

http://www.pcs.planningportal.gov.uk/pcsportal/ShowDocuments.asp?Case=COO.2036.300.2.7427893&docView=ALL

There is another related planning case which concerns the flat above Nero. I understand that Nero errected two large air conditioning compressors (again without planning permission) near the bedroom of the upsatirs flat. This I understand causes a lot of noise nuiscance to the residensts both night and day. This all came up at the community council meeting a couple of months ago. The date for commenting on the second case has already passed.

If they want my business they need to play within the rules.

[Jonboy]

If i lived upstairs and had to put up with the air-con units, I'd be sorely tempted to accidentally leave all the taps running with the plugs in as I went out for the day.