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Council hits back in Velolife cycle cafe row – cyclists CAN use cafe insists statement… they just can’t “meet” there or congregate outside

Windsor & Maidenhead council says cyclists can use Velolife – they just can’t "meet" there, or congregate outside – so what exactly is a “cyclists meet”?...

A council insists that it is not stopping cyclists from using a cycling café in Berkshire – despite having obtained an injunction that in effect does exactly that.

On Saturday, we reported how the owner of the Velolife cycling café in Warren Row, Berkshire, had received an enforcement notice preventing cyclists from meeting there.

> Council says cyclists can’t meet at Berkshire cycling café

Several cycling clubs based nearby the café, which lies three and a half miles south west of the Berkshire town of Henley-on-Thames, also received injunction notices telling them they could not visit the café at any point during an organised ride.

The issuance of the enforcement notices follows a planning dispute dating back to 2017, the year after Lee Goodwin took over the premises that formerly operated as a pub called The Snooty Fox which had been closed for 18 months and struggling for a couple of years before that.

In response to our story, the Royal Borough of Windsor and Maidenhead, which obtained the injunction, insisted that cyclists could still use the café, but “cyclists’ meets” were not allowed.

A spokeswoman for the council told road.cc: “The planning inspector has made it clear that groups of cyclists meeting outside Velolife café cause a nuisance to nearby residents.

“The appeal decision has concluded that the lawful use of the site is as a café with cycle repair. In this decision the planning inspector upheld and varied the enforcement notice and deemed that cyclist meets should not take place at the café but that cyclists are still welcome to use the café facilities but must not congregate outside.”

That appears to introduce an ambiguity to the interpretation of an earlier planning decision, as to whether or not cyclists are allowed to meet there; does a group of three or four friends, for example, who arrange to meet there or stop on a ride, constitute a “cyclists meet”?

In 2017, following a complaint from a nearby resident, Goodwin had received an enforcement notice requiring him to cease using the premises as a café, meeting place, cycle repair facility and for retail use.

He appealed that decision, and was permitted to carry on using them as a café with a bike workshop, but not for retail.

The inspector who made the appeal decision also changed the words “meeting place” to “cyclists’ meet,”.reasoning 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 added that if planning permission were given for use as a “cyclist’s meet,” events could be held more frequently, “and this element could intensify.”

The planning inspector also restricted Velolife’s opening hours, so it could only trade between 9am and 7pm.

On Saturday, Goodwin told road.cc: “We were happy with the decision because we could still have cyclists come through and use us as a cycling stop. 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.”

The enforcement notice received by Goodwin last week stated: “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.”

Goodwin said he was worried that the council’s narrow interpretation of the term could result in Velolife going out of business.

He explained: “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.”

We have asked the council to clarify its position, on a number of points:

If a cyclist rides to the cafe with friends, or a cycling group or club, and use the facilities, the council appear to define that as breaking the injunction. So what is the definition of 'organised' here? And how exactly are cyclists "welcome"? 

We've also pointed out that the injunction goes on to state that cycle club members cannot meet at the cafe "arriving by any means, car, van or cycle, at any time of day or night". So two friends that happen to be members of the same cycling club that independently drove to the cafe and met each other would be breaking the injunction. What specific issue is this restriction designed to address?

We have also approached national cyclists’ charity Cycling UK for a comment on the issue.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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76 comments

Avatar
Burke | 5 years ago
0 likes

So one individual's complaint can essentially shut down a business? Is there any record of the council investigating the situation to make sure this isn't a tempest created by some punter who hates cyclists?

Avatar
Burke | 5 years ago
5 likes

So one individual's complaint can essentially shut down a business? Is there any record of the council investigating the situation to make sure this isn't a tempest created by some punter who hates cyclists?

Avatar
meursault replied to Burke | 5 years ago
5 likes

Burke wrote:

So one individual's complaint can essentially shut down a business? Is there any record of the council investigating the situation to make sure this isn't a tempest created by some punter who hates cyclists?

 

Thought something similar, maybe a councillor lives nearby.

Avatar
FluffyKittenofT... | 5 years ago
6 likes

Still can't make a lot of sense of it all.  What constitutes 'meeting' someone?  You can enter the cafe at around the same time but you mustn't speak to each other?  Can you nod in acknowledgement?

 

Can the clubs have organised rides that end 20 yards down the road and then start another one 20 yards up the road in the other direction?  Leaving people to decide what to do in between as private individuals?

 

I'm not a legal expert, but seems to me it would be more sensible to have objective rules about keeping noise levels down at certain hours and not leaning objects (including bikes) against other people's fences or gates etc, rather than trying to define people by mode of transport.

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ktache | 5 years ago
5 likes

I hadn't realised how close this was to Reading, just off the NCN4 I believe, where it runs through Knowl Hill (also near Crazies Hill and Cockpole Green).  I shall be riding there soon, and will try not to meet other cyclists when I am there.

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ChrisB200SX replied to ktache | 5 years ago
2 likes

ktache wrote:

I hadn't realised how close this was to Reading, just off the NCN4 I believe, where it runs through Knowl Hill (also near Crazies Hill and Cockpole Green).  I shall be riding there soon, and will try not to meet other cyclists when I am there.

Yeah, it's pretty close. You should definitely go, the cake and coffee is great, but definitely don't meet any cyclists there as that would be naughty.

Avatar
kil0ran | 5 years ago
4 likes

Streisand effect

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pockstone | 5 years ago
1 like

Hirsute,

"roadcc are you going to tell us what the injuction is then ?"

The link in the article above leads to Road CCs previous article, which in turn  includes a link to the planner's decision.

Crazylegs,

You're not the first to invoke the Angels of Hell, but on reflection, let's hope that cafe has a supply of long spoons!

Avatar
Hirsute replied to pockstone | 5 years ago
2 likes

pockstone wrote:

Hirsute,

"roadcc are you going to tell us what the injuction is then ?"

The link in the article above leads to Road CCs previous article, which in turn  includes a link to the planner's decision.

There is a link to the Planning Insector's Enforcement Appeal about the cafe. That is not the same as an injunction issued against a club, as inspectors do not issue an injunction, a court does that.

 

There is a world of difference between Planning Enforcement about land or a building and an injunction against a clubs (or clubs).

I'm still wanting to know exactly what this injunction is and how it was served against cycling clubs. And does it have to name members ?

 

I also note

 

61. Other conditions suggested by the Council concern the cyclists’ meet. I cannot
see how it would be possible, or within the appellant’s control, to limit the
number of cycles and riders on the premises at any one time as this would be
dependant upon the actions of the cyclists themselves. In any event even a
few congregating cyclists early in the morning could cause disturbance to the
neighbouring residents. Such a condition would be unreasonable, give rise to
enforcement difficulties and would not, in any case, overcome the harm. This is
a further reason that leads to my decision to refuse permission for this element.
 

Avatar
pockstone replied to Hirsute | 5 years ago
6 likes

hirsute wrote:

pockstone wrote:

 

There is a link to the Planning Insector's Enforcement Appeal about the cafe. That is not the same as an injunction issued against a club, as inspectors do not issue an injunction, a court does that.

 

There is a world of difference between Planning Enforcement about land or a building and an injunction against a clubs (or clubs).

I'm still wanting to know exactly what this injunction is and how it was served against cycling clubs. And does it have to name members ?

Good points Hirsute,sorry,  I had thought perhaps you had come late to this story.

I'm also at a loss as to how a local authority can take steps to limit the actions of unrelated organisations (and members of those organisations who are also private individuals) when enforcing planning law. It's odd that they seem able to do it for cyclists, yet I read of many a car enthusiasts 'meet' resulting in nuisance and injury. Not once have I heard of the owners of the car parks or neighbouring businesses being held to account.

This whole story seems to be disappearing down a rabbit hole.

Avatar
crazy-legs | 5 years ago
7 likes

What if I belong to a club that has not had one of these letters and we don't read The Internet and we meet there? Can we break an injunction that we're unaware of? Will the owner have to stop serving and rush outside to tell us off?

what if we meet there but we're all wearing random, non-club kit? Can we be breaking an injunction then since (technically) we're not a club.

Quote:

that cycle club members cannot meet at the cafe "arriving by any means, car, van or cycle, at any time of day or night".

What if we drive to the cafe in civvy clothes, without bikes? We're still members of the same cycling club, and we've met there, but there's no way for anyone to tell that...

I think there'd be some entertaining mileage in bunging the local Hell's Angels group a few quid and getting them to meet there. On their biggest, loudest bikes.

Avatar
Hirsute | 5 years ago
2 likes

"He explained: “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."

That will be a very interesting case indeed if it came to court.

Let's say roadcc readers congregate from all parts of the UK, how ill that play out in court?

I guess it deoends whether it can be before a jury or not.

Avatar
Hirsute | 5 years ago
0 likes

"the Royal Borough of Windsor and Maidenhead, which obtained the injunction"

roadcc are you going to tell us what the injuction is then ?

What is the wording? Who does it apply to? What if Kingston Cycling Club or Weybridge Cycling Club turn up does it apply to them ?

No point writing these stories without any proper information bearing in mind you previous put "Royal Borough of Windsor and Maidenhead issued an injunction barring cyclists from meeting there " now you say they obtained an an junction. Issuing and obtaining an injunction are rather different things.

Avatar
Smartstu | 5 years ago
11 likes

As a planner...seems like a very perverse and ott response from the council. It's almost unenforceable in my view. As it other groups, independent of the cafe, are organizing the rides or 'meets' - it's out of the business owners control. The activity described in the notice seem like usual activities that happen at a cafe...
How can a cyclist or group of cyclists use a cafe without congregating outside - do they not have to park and lock their bikes? Can they congregate in silence?
I would suggest that the 'planning' case (forget about common sense) wasn't properly presented by the cafe owner to the council or inspector. I'm going to have a look at it from a planning perspective.

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schlepcycling | 5 years ago
10 likes

So I can go there on my own but I'm not allowed to meet anyone there.

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ChrisB200SX | 5 years ago
12 likes

Presumably, if there's a fire, everyone has to evacuate the building and congregate at a specific area outside. Is that not allowed?

Presumably, cyclists can't leave the premises at the same time either, or arrive there at the same time, even if it's people who don't even know each other because they still constitute a "group".

It really is past time that discrimination against cyclists was treated as a hate crime. (I appreciate that this isn't the most insidious of examples.)

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