White Peak Planning have won an appeal and partial costs award against the refusal of the change of use of the highway outside the Kettlebell Kitchen store in Ancoats, Manchester to form a pavement café.
The planning application sought permission for the seating area on the pavement which is over 7m wide, but was refused by Manchester City Council on the grounds of highway safety and impact on residential amenity in July 2017.
The Inspector agreed with the evidence provided by White Peak Planning that the pavement café would in fact improve the safety for pedestrians by preventing vehicles illegally parking on the pavement. In addition, the Inspector considered that there would be no adverse impact on amenity from the pavement seating area as all furniture would be stored inside when the café is closed.
The Inspector also awarded a partial costs claim on the basis that the Council could have used conditions to overcome one of their reasons for refusal.