Plans for outdoor seating area and ramped access refused

yara

An Alderley Edge restaurant has had its application to install an external sitting area on the pavement of London Road refused.

Yara planned to raise the level of the pavement outside 29, London Road to the level of the restaurant and provide ramped access from pavement level into the restaurant - which would be DDA compliant.

Cheshire East Council refused to grant planning permission on the grounds that "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 proposed development would be contrary to the interests of pedestrian safety in this location, contrary to policy DC6 of the Macclesfield Borough Local Plan 2004".

In 2011 Yara built an outdoor seating area on the public highway without obtaining permission from Cheshire East Council and the following year CEC's Highways team removed it, along with the seating area outside Konak because they considered them to be an obstruction of the highway and were built without their permission.

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Comments

Here's what readers have had to say so far. Why not add your thoughts below.

Jon Williams
Wednesday 2nd April 2014 at 10:19 am
Common sense from C/East at last !
Stephen Justice
Wednesday 2nd April 2014 at 11:53 am
This seems churlish to me - I had understood the submitted plans made adequate and conforming provision for the footpath?

Unlike certain commentators, I find that rather than roaming the streets at midnight being intimidated by the periodically alleged intoxicated late night revellers throwing cigarette ends at me and urinating on my car, it is much more enjoyable to walk on side streets and the fringes of the village in daylight.

To which end I'm surprised how there is a complete absence of grumbling about the significant lengths of footpaths obstructed by overgrown hedges and bushes - in at least two instances I am aware of, forcing pedestrians to step dangerously on to the road in order to pass.

I suspect the objections are not wholly related to footpath widths!
Heather Penn
Wednesday 2nd April 2014 at 1:33 pm
Please can someone from Cheshire East tell us why Yara has been refused planning for outdoor seating but The Botanist in the next block of retail units, has been given permission to create an outside seating area?

I thought it would be helpful for others to see the article regarding The Botanist:-
http://bit.ly/1gNXwOX
Sarah Lane
Wednesday 2nd April 2014 at 1:47 pm
I would like to know what sort of person would honestly choose to sit outside one of these places to eat and/ or drink. The amount of room you will have will be minimal, your view will be the side of a parked car and a busy main road. Just can't see the attraction.
Fenton Simpson
Wednesday 2nd April 2014 at 2:06 pm
Are these outdoor seating arrangements just glorified smoking shelters ?

As a non smoker is always nice to walk through a cloud of secondhand smoke... Not !
Heather Wienholt
Wednesday 2nd April 2014 at 2:12 pm
Stay, the previous restaurant in that premises had a raised outside platform for many years, as far as I know there were no complaints or problems with it. I hope Yara don't give up on this.
Stephen Justice
Wednesday 2nd April 2014 at 5:46 pm
Surely if people want to sit outside regardless of the suggested lack of amenity and appealing view they should be able to do so, provided this causes no inconvenience to a significant number of others?

On a pleasant evening it is actually enjoyable to avoid a stuffy and often noisy interior particularly since the traffic is fairly light later. Then during the day it's good to be able to watch the world pass by.

As for the smokers - well, I agree it can be unpleasant but there is always the option to dine inside or go elsewhere.

Frequenting Alderley's restaurants is entirely optional folks!

Again to echo my previous comment - it is strange that a certain shop on London Road seems to be unchallenged in its wares spilling across most of the footpath at a point where a bus stop and litter bin already impede passage.

I say again I suspect there is more here related to a personal dislike of licenced premises than any real compromise to pedestrians.
Sarah Lane
Wednesday 2nd April 2014 at 6:37 pm
As long as a wheelchair and a child's buggy can pass easily then fair enough, if folk are happy to sit in such a unpleasant setting that is their business I guess. And yes I do push a wheelchair on a regular basis and believe me until you need to do it you can't believe how difficult getting around can be, I don't want the added stress of having to get around seating areas for smokers. It's bad enough having to deal with the selfish car parkers in AE.
Chris Jones
Wednesday 2nd April 2014 at 9:06 pm
Stephen
You say "as for the smokers-well, I agree it can be unpleasant but there is always the option to dine inside or go elsewhere"
Fair comment.
What you may find though is that these outside areas are granted as "alfresco dining areas". If that isn't the purpose and they are just comfortable smoke areas they should be removed.
Stephen Justice
Wednesday 2nd April 2014 at 10:15 pm
I wasn't aware that the construction of any external seating area was subject to any restrictions on the activities permitted therein?

Surely it is the decision of the restaurant as to what they permit on their property subject to relevant laws?

I'm certain that if a restaurant lost significant business as a direct result of permitting smoking in an external area the owners would be very quick to change their policies.

From a fairly regular review of the outside seating areas of restaurants in a wide range of towns I see no evidence of smokers discouraging business.

Since a small number of Alderley residents seem hugely averse to both alcohol consumption and smoking I would be very happy - as it is one of my skills - to help any of these people prepare a sensible business plan for a booze and fag free restaurant. Of course a critical assumption would be the numbers of customers and their average spend per visit which any would be entrepreneur anticipated.

Meanwhile I imagine that in the absence of it being a criminal offence to serve alcohol and permit smoking in outdoor areas restauranteurs in Alderley Edge will regrettably continue to offer a service that does not meet a small minority of residents' expectations.
Brian Etchells
Thursday 3rd April 2014 at 5:59 am
As I have stated previously on this matter, the rules over outside seating areas and "A" boards, street furniture relate to Guide Dogs and their owners.

A simple rule of thumb. Is there enough room on the pavement for a Guide Dog and blind person to walk side by side along the pavement without the blind person being forced to go into the road?

To all the cafe owners, shop owners and irresponsible car drivers who park on pavements. Think about that, and yes , we do have Guide Dog owners in the village.
James MacDonald
Thursday 3rd April 2014 at 8:31 pm
Excellent news and totally agree with Brian.

Slightly off topic I recently witnessed in AE a father with a buggy and 2 little boys have to walk in the road because a driver had parked on the pavement completely blocking it. It is this type of example as well as the proposed seating area that should remind people that pavements are for pedestrians, not for cars, and not for seating areas if there is insufficient room.

On top of that, the contempt that Yara had for building one in the first place without permission and refusing to remove it, forcing CEC to take action, should be enough to warrant saying NO!

Stephen, regarding overgrown bushes, etc., well there should be some ranting about that because there are some shocking examples in Wilmslow.
Steph Walsh
Friday 4th April 2014 at 1:10 pm
What I don't get is why Stay was allowed to have one and these other people are not. Has the law changed between the upping sticks of Stay and the inception of Yara?
Craig Wilson
Sunday 6th April 2014 at 8:57 pm
There was a link to a map on here of the paths showing the rights that each shop front has over the pavement outside. (Red lined map if I remember correctly)

These 2 premises have no rights over the pavement.

Anyone got that link?
Lisa Reeves
Sunday 6th April 2014 at 10:06 pm
Here it is Craig, the red shaded areas show which premises own the pavement outside

http://bit.ly/1hjfMkf
Heather Wienholt
Tuesday 8th April 2014 at 7:43 am
This map shows the Grill on the Edge and Bar and Grill do not own/ have rights over their pavements either. This therefore must not be a factor for granting planning permission.

So since Stay had a terrace, which I am assuming no one complained about, it follows that Yara should be able to have one too.