An application to erect an outdoor seating area at the front of Konak restaurant has been refused again on grounds of public safety.
Last year Konak built an outdoor seating area on the public highway without first obtaining permission from Cheshire East Council.
In December CEC's Highways team removed the decking and seating areas from both Konak and Yara because they were considered to be an obstruction of the highway, contrary to the Highways Act 1980, and built without their permission. Unlike some restaurants in the village, they do not own the area outside their premises.
This application, reference 12/4484M, was registered in November, prior to the decking being removed, and is a resubmission of 12/2572M which was registered in July 2012 and withdrawn in September 2012.
Plans for 27A London Road also included alterations to the shopfront and an extension to the width of the canopy to cover the whole seating area.
Alderley Edge Parish Council objected to this latest planning application as did the neighbouring business. Age UK objected on the grounds that the raised outdoor seating area severely restricts light into their premises and there has been a constant supply of cigarette ends and glasses left for their staff to clear away. The charity shop also stated that visibility of the shop is completely obscured, from the upper end of London Road, and, due to the size of the raised seating area, there is often a bottleneck of pedestrians waiting to pass.
Cheshire East Council refused planning permission because "The proposal is contrary to the interests of pedestrian safety by virtue of reducing the amount of available pavement for the safe circulation of pedestrian traffic at this location on the pavement adjacent to London Road. As such, the retention of the decking and associated disabled access ramp would be contrary to the interests of pedestrian safety in this location."
Comments
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When they purchased the lease or whatever,they clearly knew that the pavement was not part of their property.
Pedestrian safety is too often compromised (illegally in a lot of cases) via outdoor seating areas encroaching on council pavements, A boards, parked vehicles, overgrown trees/hedges, etc. Pedestrian safety should always come first.
The Bubble room I am told have far exceeded the council approved dimensions for this decking and are also built on council property.
Thus pedestrian safety is compromised particularly in both the above cases and needs attention.
Al Fresco dining is one thing and enjoyable but flagrant abuse of the law is another.