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Council says cyclists can’t meet at Berkshire cycling café

Velolife could go out of business while fighting the Royal Borough of Windsor and Maidenhead’s bizarre interpretation of planning rules

A cycling café in Warren Row, Berkshire, could go out of business after the Royal Borough of Windsor and Maidenhead issued an injunction barring cyclists from meeting there or even making a stop during organised club rides.

Velolife opened in 2016 in what was formerly The Snooty Fox, a pub that had been closed for about 18 months and had struggled leading up to that.

In 2017, Velolife was issued with an enforcement notice alleging a breach of planning control. The requirements of the notice were that owner Lee Goodwin cease to use the premises as a café, meeting place, cycle repair facility and for retail use.

Goodwin appealed the decision and Velolife was permitted to continue as a café with a bike workshop, but could not be used for retail. In her appeal decision, the inspector also changed the wording of the other element from “meeting place” to “cyclists’ meet” and upheld that.

The issue, it seems, was that a neighbour had been disturbed by groups of cyclists congregating close to their property in the early mornings and evenings.

“It is likely that this level of noise and disturbance would be more discernible and different in character from the activities that might have arisen from the former use a public house where, for example, patrons might have arrived and departed at more staggered intervals and not during the early morning,” reasoned the inspector.

Explaining the rewording, she said that the term “meeting place” was wide in its meaning and could encompass a range of purposes, “whereas the allegation is intended to target the use of the land as a place where cyclists meet prior to departing on organised rides and events.”

She concluded that if planning permission were granted for use as a “cyclist’s meet,” events could be held more frequently, “and this element could intensify.”

The disturbance caused also led her to impose restrictions on Velolife’s opening hours, so that the business can only open between 9am and 7pm.

“We were happy with the decision because we could still have cyclists come through and use us as a cycling stop,” Goodwin tells road.cc. “All we were not to do was organise club rides that started at Velolife – which we don’t do.

“However, the council decided to take the notion that a “cyclists’ meet” encompassed any gathering of cyclists before, during or after a ride of any sort.”

An injunction issued this week now says that Goodwin has to prevent cyclists from meeting at Velolife.

The enforcement notice states: “It is the Council opinion that [cyclist meets] involves, and will include the gathering of cyclists for organised rides, whether they start, finish, or are constructed to use the land and building during such events. If, at any stage during a cyclist’s meet, the activity is engaged on the land or in the building will constitute a breach of the requirements to cease the use.”

Some clubs in the borough have also been issued with injunction notices, saying that they may not use Velolife at any point during any organised ride they do.

Goodwin says that the decision is discriminatory towards cyclists, “because anybody else can gather whenever they feel, in whatever numbers they feel. You could come by elephant or car or tractor if you wanted.”

Nevertheless, he has been forced to take to Facebook to urge local cyclists not to meet at Velolife prior to departing on a ride or then after the ride has finished, adding: “Not complying with these rules jeopardises Velolife’s future.”

Goodwin explains: “Even if the council and I are having a slight difference of opinion on what the inspectorate actually had in mind, with the council’s opinion they can prosecute me and force me to stop cyclists coming on site and basically destroy my business, where myself I have no access to that.

“I have to apparently sit and take it. When we do finally land up in court – and the earliest will be in November – I won’t have a business to defend if they stop cyclists coming on site.”

Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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43 comments

Avatar
HoarseMann replied to FrankH | 5 years ago
5 likes

FrankH wrote:

FluffyKittenofTindalos wrote:

<snip>

But it sounds a very strange and arbitrary ruling.  How on Earth do they define 'organised'?  Or 'cyclist', come to that?

Good question: how do you define "cyclist". If a person rode there, got off their bike on the road outside then walked to the cafe, at what point do they stop being a cyclist (subject to the injunction) and become a pedestrian (not subject to the injunction)?

I think you have found a loophole! As soon as you dismount a bike, you become a pedestrian.

All that’s needed now is a ‘pedestrian & car zone, cyclists dismount’ sign in the cafe car park.

Avatar
quiff replied to HoarseMann | 5 years ago
1 like

HoarseMann wrote:

FrankH wrote:

FluffyKittenofTindalos wrote:

<snip>

But it sounds a very strange and arbitrary ruling.  How on Earth do they define 'organised'?  Or 'cyclist', come to that?

Good question: how do you define "cyclist". If a person rode there, got off their bike on the road outside then walked to the cafe, at what point do they stop being a cyclist (subject to the injunction) and become a pedestrian (not subject to the injunction)?

I think you have found a loophole! As soon as you dismount a bike, you become a pedestrian. All that’s needed now is a ‘pedestrian & car zone, cyclists dismount’ sign in the cafe car park.

Or take a lead from some other threads on this site:

"Hello planning officer. Who, this lot? No, they're not cyclists. We find that term perpetuates an unhelfpul 'them and us' mentality you see. We prefer to think of them as 'people on bikes' ". 

Avatar
Hirsute replied to FrankH | 5 years ago
2 likes
FrankH wrote:

FluffyKittenofTindalos wrote:

<snip>

But it sounds a very strange and arbitrary ruling.  How on Earth do they define 'organised'?  Or 'cyclist', come to that?

Good question: how do you define "cyclist". If a person rode there, got off their bike on the road outside then walked to the cafe, at what point do they stop being a cyclist (subject to the injunction) and become a pedestrian (not subject to the injunction)?

Yes, but what injunction? A local authority does not have the power to issue an injunction. They might make by laws and enforce existing laws, but it is for a court to issue an injunction.
I don't see under what powers a local authority could request an injunction that was only aimed at cyclists using a cafe.

Avatar
burtthebike replied to Hirsute | 5 years ago
2 likes

hirsute wrote:
FrankH wrote:

FluffyKittenofTindalos wrote:

<snip>

But it sounds a very strange and arbitrary ruling.  How on Earth do they define 'organised'?  Or 'cyclist', come to that?

Good question: how do you define "cyclist". If a person rode there, got off their bike on the road outside then walked to the cafe, at what point do they stop being a cyclist (subject to the injunction) and become a pedestrian (not subject to the injunction)?

Yes, but what injunction? A local authority does not have the power to issue an injunction. They might make by laws and enforce existing laws, but it is for a court to issue an injunction. I don't see under what powers a local authority could request an injunction that was only aimed at cyclists using a cafe.

Exactly.  This appears be both discriminatory and disproportionate.  A few FoI requests about how they arrived at this arbitrary and unjustified decision might make them stop and think.

Avatar
spen replied to burtthebike | 5 years ago
1 like

burtthebike wrote:

hirsute wrote:
FrankH wrote:

FluffyKittenofTindalos wrote:

<snip>

But it sounds a very strange and arbitrary ruling.  How on Earth do they define 'organised'?  Or 'cyclist', come to that?

Good question: how do you define "cyclist". If a person rode there, got off their bike on the road outside then walked to the cafe, at what point do they stop being a cyclist (subject to the injunction) and become a pedestrian (not subject to the injunction)?

Yes, but what injunction? A local authority does not have the power to issue an injunction. They might make by laws and enforce existing laws, but it is for a court to issue an injunction. I don't see under what powers a local authority could request an injunction that was only aimed at cyclists using a cafe.

Exactly.  This appears be both discriminatory and disproportionate.  A few FoI requests about how they arrived at this arbitrary and unjustified decision might make them stop and think.

 

An injunction can also be an instruction, in this case with legal weight behind it.  A council does have powers to issue legally enforceable highway and planning notices, so they are probably within their rights to enforce the findings of the inspector, although these appear somewhat vague.

Avatar
growingvegtables replied to FluffyKittenofTindalos | 5 years ago
2 likes

FluffyKittenofTindalos wrote:

But it sounds a very strange and arbitrary ruling.  How on Earth do they define 'organised'?  Or 'cyclist', come to that?

 

The way the council are talking/writing, me turning up (on bike) with 2 kids (on bikes) to buy a few spare tubes and a puncture repair kit would be a breach of the council's injunction?

Hey - that's the MOST BASIC ESSENTIAL for organising a ride!

Avatar
awalker | 5 years ago
12 likes

Lots of walkers use this cafe as well and they are much more likely to park there, walk and finish their walk there. Presumably the Ramblers Association are also outraged by this potential ruling? 

Avatar
Mungecrundle | 5 years ago
21 likes

One word.

Motorcycles.

See how the locals like that.

Avatar
pockstone replied to Mungecrundle | 5 years ago
11 likes

Mungecrundle wrote:

One word. Motorcycles. See how the locals like that.

A one-off crowdfunding effort for the Windsor Chapter to pay a series of calls might be in order.

Avatar
ChrisB200SX | 5 years ago
21 likes

I suspect a well-connected nimby neighbour hates cyclists.
This cafe is lovely.
As said, how come drive-though coffee shops are ok, surely they generate more traffic and problems?!

Avatar
Zebulebu replied to ChrisB200SX | 5 years ago
2 likes
ChrisB200SX wrote:

I suspect a well-connected nimby neighbour hates cyclists.
This cafe is lovely.
As said, how come drive-though coffee shops are ok, surely they generate more traffic and problems?!

Suspect its more that someone living there has managed to get rid of the pub, and now wants to get ride of anything else that they see as driving their property value down. Most NIMBYism isn't about peace & quiet, its about property prices.

Avatar
Hirsute | 5 years ago
8 likes

I thought only courts could issue an injunction.
Under what powers can a council "saying that they may not use Velolife at any point during any organised ride they do."
It's a cafe, so why can't they use it?
What action could or would the council take against a cyclist who stopped at the café? Would be an interesting discussion about ultra vires.

Avatar
Podc | 5 years ago
19 likes

I visit Velolife often because it is awesome.

There is a Costa drive thru near me that is open most days from 05:30 to 22:00 which I presume impacts the people living near it, and causes extra noise/traffic/fumes etc.

Really don't understand this at all 

 

I don't want to think it's because 'cyclists', but it's hard not to.

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