INDEPENDENT traders have accused the city council of caving in to big business after a coffee shop that opened without permission will "almost certainly" be allowed to continue trading after a massive u-turn.

Caffè Nero opened without permission in The Shambles, Worcester, more than 18 months ago. It caused outrage among nearby traders, including Roger Yeomans, of Marbles Cafe. He said it would put him out of business.

A year later the giant coffee chain submitted a retrospective planning application. This was thrown out by councillors as the site is designated for strictly retail use.

Caffè Nero appealed the decision and a public inquiry was due to be held. But now the city council has withdrawn its opposition and invited it to resubmit its application because it feels it might lose the inquiry and cost taxpayers dear.

Planning chief Paul O'Connor said: "We've taken counsel advice and they confirmed we were on dodgy ground to continue the inquiry.

"We took the report to planning commit tee members to consider it and decided not to proceed with the inquiry and invited Caffè Nero to revist their application." He admitted the chain would now "almost certainly" stay in The Shambles but said the council had decided not to proceed with the inquiry because Caffè Nero had already won several other similar appeals across the country. The decision was met with outrage by Mr Yeomans, who had originally wanted to trade on the Caffè Nero site but was told not to apply because it would be refused.

He said: "Caffè Nero has taken a retail shop. A retail unit has been lost for ever.

"They can do that and get away with it because there isn't a council that will stand up and say no. We have had enough.

He added: "They should abide by the rules and regulations like everybody else."

"They've got away with it and I've suffered for it."

Rosemary Francis, who runs M & R Books next door to Mr Yeoman's cafe, agreed. She said: "All these big consortiums take over and do what they like. There is no room for individuality any more.""

However, Caffè Nero's financial director Ben Price hit back, saying the chain had done nothing wrong.

He said: "There is nothing illegal in what we have done in putting in a retrospective planning application."

He said the cafe's takeaway drinks and food were classed as retail use while those consumed on the premises come under cafe use and the business had delayed putting in an application because it could only see which side would be more prevalent when it was up and running.

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