Following our recent article about the apparent idiosyncrasies that exist within the process of applying for a licence for outdoor chairs and tables depending on your location, Laura Leatherbarrow of DHA Planning has put together a simple guide to help you achieve success with your application.

A guide to the pavement café application process

“Alfresco” eating and drinking in the UK is rapidly growing in popularity and is seen as creating a pleasant environment for consumers.   However many traders seeking to benefit from this trend are being frustrated by the hurdles being put in place by some authorities before traders can place tables and chairs on the highway.   Laura Leatherbarrow from DHA Planning, who has several years’ experience of successfully obtaining tables and chairs licences across the UK, explains how traders can overcome these hurdles by answering some key questions and providing valuable advice on the application process.

1). How do I know if permission is required for my outside seating area?

Whether permission is required will depend on a number of factors, some of which vary between different councils.  The following provides a good basic guide.

i). If the seating area is clearly placed on the public highway or highway maintainable at public expense, and not within a private forecourt area in the same ownership as your property, then highway consent will be required.  Some authorities also require a planning application to be submitted;

If you are unclear about whether the seating area falls within your ownership, a copy of the Land Registry Title Plan will confirm the extent of your ownership;

ii). If the tables and chairs are to be placed on a private forecourt area, over which the public do not have unfettered access, then permission to place tables and chairs outside is not normally required;

Also, ensure that the land is part of the same curtilage (or use class) as your property and is not subject to any restrictive planning conditions or legal agreements;

iii). If the public have had unfettered access over the land, even if it is privately owned, it is most likely that the land has become ‘deemed highway’ and highway consent would then be needed and possibly planning permission.

This is not a comprehensive list as all sites are different.  DHA Planning can provide site-specific advice to ensure that local circumstances are taken into account.

If there is no doubt that the land is public highway, then this is just the first step towards obtaining consent for the placing of tables and chairs outside your premises.

2).  What do I need to apply for?

Unfortunately there is not a simple answer to this question, as every council’s attitude varies and no two locations are the same.   However generally there are two main types of permission which have to be obtained:

i).  Highway Permission under S.115E of the Highways Act 1980; and

ii).  Planning Permission for the change of use of the highway to a Pavement Café.

It is the highway consents that tend to cause the most confusion as the name of the consent required varies between different authorities.  The names include a Temporary Street Trading Licence, a Highway Amenity licence, a Pavement Licence, a Street Café Agreement, a Tables and Chairs Licence etc.  Licences usually run between 6 months and a year depending on the council involved.

Planning permission is very different to highway consent.  Planning permission for the placing of tables and chairs normally allows the change of use of the land from public highway to an A4 food and drink use.

Most authorities insist that where planning permission is required, it is obtained before consent is granted for the Highway Licence.  It is perfectly possible to receive planning permission only for the Highway Licence to be refused, as the proposals are assessed under different criteria (for example, toilet capacity, street cleansing etc.).

3). Once I’ve decided which consents are required, what do I have to do?

Once it has been established which consent(s) are required, your proposed seating area needs to be assessed for its suitability for the siting of chairs and tables.

The criteria for assessing proposals vary greatly between authorities.  As a rough guide, if the answer to any of the questions below is ‘no’, then consent may be more difficult to obtain, although some factors weigh more heavily than others:

• Would the provision of tables and chairs leave sufficient room for passing pedestrians?
• Would the seating scheme allow sufficient room around the tables and chairs for customers to use them without blocking the remaining footway
• Is the seating area located away from residential dwellings?
• Is the site located well away from any public transport points, such as tube stations etc.
• Is the passing space left for pedestrians free from any major obstructions from other street furniture, such as bus stops, crossing points, post boxes, lampposts etc.?
• Is your site outside a restrictive ‘alcohol-free’ zone or other area that restricts the placing of tables and chairs in connection with public houses and bars?

After this initial assessment, most councils encourage traders to seek their advice before you submit a new application. This does not guarantee approval of the permissions being sought, but it may help to minimise expenditure on preparing an application, fees etc. for schemes which are subsequently turned down.

4). If my proposed seating area is considered suitable for an application, what do I need to submit?

Planning applications need to be accompanied by application forms; ownership certificates; existing and proposed layout plans; details of proposed furniture, including barriers if proposed; a planning statement describing the site and the proposed Pavement Café and making the case for approval; and an application fee (currently £335-00). Some authorities also require a Design and Access

Statement, usually only where building works are proposed, such as bolting the furniture to the highway or introducing permanent barriers.

Similar details are also usually required for new Highway Consent applications.  A further fee is required, often calculated on the number of tables or chairs.  Many authorities also require details of your Public Liability Insurance Cover.

Planning applications are normally decided within 8 weeks but there is no set timescale for authorities to deal with highway permissions, so this often varies.

5).   Once submitted how do councils decide if an application is acceptable or not?

Each council will have its own particular criteria for assessing applications for the provision of tables and chairs.  Many authorities insist that any seating area leaves an unobstructed footway width of around 1.8 metres to allow for safe and convenient pedestrian movement.

In some circumstances, greater passing widths may be required for pedestrians where there is a high level of pedestrian activity, or obstruction by adjacent street furniture or proximity to crossing points or public transport access points, such as tube stations or bus stops etc.

The location of your premises is also important.  For example, if your site is a predominantly residential area, noise from the proposed seating area may become an issue.  If the site is located within a mixed use area or a predominantly business or retail area, there may be fewer problems associated with noise.

The type of furniture proposed for the seating area also needs to be carefully chosen.  Some councils insist on the furniture being taken in at night for security reasons and for ease of street cleansing.  As a result, picnic benches are often unacceptable due to their bulky nature.

Some councils also impose ‘alcohol free-zones’ and other restrictions that may result in applications being unsuccessful.

If your property is a Listed Building, or within or near a Conservation Area, the visual impact of the seating area may also be assessed.  This may require a more careful choice of furniture type and a more discrete layout.   More recently where seating areas have been located in a Conservation Area or outside a Listed Building, councils have been requesting a Heritage Statement, which DHA Planning can provide.

6).  What can I do if my application is refused?

If planning permission is refused, a formal appeals process exists under national Town and Country Planning legislation.  DHA Planning can help to prepare and submit such appeals on your behalf.

Unfortunately there is no formal right of appeal for Highways applications, so the only option is to try and revise your layout to overcome the authority’s concerns.

End Note:

The above information provides a basic overview of the issues to be assessed when considering outdoor seating areas, to enable an initial assessment of your site’s suitability to be carried out.  As requirements vary between councils, professional advice should always be sought.

If you need any further assistance with your Pavement Cafe or you would like any initial advice on the suitability of your site please do not hesitate to contact Laura Leatherbarrow at DHA Planning (laura.leatherbarrow@dhaplanning.co.uk or telephone 01622 776226).

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