National pizza chain branch in Northampton town centre could be fined £20,000 and even closed down

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The company moved in in June this year

A national pizza company in Northampton town centre has had a retrospective planning application REFUSED - and it could now be fined £20,000 or even kicked out.

Tops Pizza opened a new takeaway branch at number four Sheep Street, which was previously an empty retail unit, in June this year.

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However, the company made some changes to the building and subsequently had to put in a retrospective planning application, which has recently been refused by West Northamptonshire Council.

Tops Pizza in Sheep Street opened in JuneTops Pizza in Sheep Street opened in June
Tops Pizza in Sheep Street opened in June

Colin Walker WNC’s assistant director for planning said: "WNC would advise anyone making changes to a property to seek permission before they carry out the work. Not only do they risk damaging the built environment, they also risk financial loss when putting right the changes they have made and if retrospective planning application is refused may result in the council considering formal enforcement action."

Mr Walker said Tops Pizza has six months from the date of the decision to appeal. During this appeal time, the council “will hold all enforcement action in abeyance until the planning inspector makes their decision”.

What could happen to Tops Pizza if the issue is not resolved?

Mr Walker said: "When someone is found guilty of failing to comply with an enforcement notice, the fine may be: a maximum of £20,000, if imposed by the magistrates court [or] unlimited, if imposed by the crown court. Prosecutions will continue to be brought until the notice has been complied with."

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The council can organise enforcement action if the company is in breach of planning control.

Tops Pizza says it will appeal the decision.

Sayed Gobadi of Tops Pizza said: "We are trying to make a presentation against the council's decision.

"We will continue trading but if sui generis is not obtained then we will change the layout to an E licence requirement."

Mr Gobadi explained what the issue is.

He said: "Our initial layout was complying with E licence conditions but unfortunately due to lack of communication the layout was changed during the refurbishment without considering the E licence requirements. Since all of our shops has sui generis and the builder and the project manager has mistakenly change the layout to sui generis.

"This is a matter of cost to change the layout to E licence."