The Willows Cafe in Brampton is nervously awaiting to find out whether or not they will be allowed to keep its "lovely" outdoor decking and disability ramp for customers.
Owner Claire Hardwick-Lane was informed by Huntingdonshire District Council (HDC) in April that a retrospective planning application was needed to retain the structure or risk losing it altogether.
When informed of the HDC's request, Claire said on Facebook: "We are totally gutted, as this ramp has been a godsend, and it's such a shame."
The post generated lots of reaction, with the village unanimously supporting Claire, sharing their disappointment at the prospect of losing disabled access to the cafe, which is also utilised by mums with prams.
The ramp and decking was installed in January 2021, but HDC informed Claire that it was in breach of planning control and that a planning application was needed by May 30 to retain it.
Claire has since paid £400 to submit the application form but isn't confident that HDC will choose to accept the application.
Speaking to the Hunts Post, Claire added: "I've had the coffee shop for seven years, and we've put up a ramp because the council were always asking to see if we can put a ramp up.
"People have given me advice and been trying to help, but it's the funds that are the nightmare...
"We've got other bills going through at the moment that we're trying to fight, trying to get through to keep on top of the business, and it just seems to be that it's just throwing up more and more."
Conservation area
Claire was encouraged to put the ramp up by the council and believed it wouldn't require permission because the decking wasn't higher than the 30cm required for planning.
However, HDC says that planning permission is required by law under the Town and Country Planning (General Permitted Development) Order 2015, under part seven, Class A.
The order states that any part of a development which is built on land, known as a conservation area, requires planning.
The decking also extends beyond the existing shop front, and if it is "within two metres of any boundary of the curtilage of the premises", planning is needed.
Claire said: "Beforehand, it [the outside] was broken concrete, on a slope, and it just looked a mess, only for me to put the decking up and be told it doesn't fit in with the area.
"It's a nice part of the village, and everybody says how lovely it's made it look, so it's a pain."
The Manor in Brampton, a home for 22 adults with physical disabilities, visits the cafe and uses the ramp regularly, but without access to the cafe, Claire fears they may not be able to visit or have an outdoor area to sit.
Claire added: "It's a shame because it will stop a lot of people being able to get into the shop."
'Statutory duty'
The question of whether the appropriate planning permissions had been obtained for the decking and ramp was first raised back in March 2021 during a Brampton Parish Council meeting.
During the meeting's monthly planning report, councillors said they would query the planning office if planning had been received.
A spokesperson for HDC said: "We were mindful of the impact that the Covid pandemic had on small businesses, and to help them recover, we applied extensive discretion during this period.
"We have been in touch with Ms Hardwick since January 2020 as she has been asked to submit retrospective planning permission for the decking that she undertook without first obtaining planning permission.
"Planning functions are subject to legal guidance, so we have a statutory duty to comply with them."
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