'This could be our last summer' - Lytham restaurant Spago could close after legal challenge to canopy approval
A Lytham restaurant owner has warned that closure might have to be considered after being issued with a legal challenge to the planning permission granted for its outdoor canopy.
The approval for a scheme to amend the glazed balustrade and canopy at the front of Spago in Dicconson Terrace was granted by Fylde councillors earlier this year by a narrow majority.
The permission came despite the structure, on the building on Lytham’s conservation area, being deemed unlawful and the subject of a Planning Enforcement Notice.
Although his application to Fylde Council had been recommended for refusal by the planning officer over concerns it was detrimental to Lytham’s conservation area, councillors approved the proposals.
It was felt that if restaurant owner Tony Vavoso would have to take the structure down it could seriously undermine one of the town’s most long-standing and much loved eateries.
But now pressure group Lytham Voice CIC has made the a legal challenge to the approval of the canopy, citing the importance of protecting Lytham town centre, its listed buildings, conservation area and other assets.
Lytham Voice says: “There has been significant disappointment following the decision to approve the retention of acanopy structure over the forecourt of Spago, a notable Grade II Listed building in the Lytham Conservation Area.
“This decision was made contrary to the recommendations of FBC's own Chief Planning Inspector and his team, the decision of a Department of the Environment Planning Inspector, the views of independent heritage consultants and the advices of Lytham Town Council.
“Independent legal advice indicates that there are strong grounds to argue that the approval process for this application was flawed and did not comply with national planning guidance designed to protect important heritage buildings.
“In the light of this, Lytham Voice has taken the decision to apply for a Judicial Review of the decision making process.
“This is not simply a technical challenge: it’s about ensuring the proper legal protections afforded to Lytham’s heritage assets, particularly in a conservation area, are observed.”
But Spago has countered by saying on social media that closure might have to be considered if the planning row continues following the challenge.
“This challenge is not about the merits of the proposal,” he said. “It is based on alleged technicalities in how the decision was made — despite the fact that we followed every step of the process correctly and in good faith.
“The reality of this action is simple: it places us back into uncertainty and forces us to make an impossible decision — either accept it, or spend tens of thousands of pounds once again defending something that has already been properly approved.
“The honest truth is that, if this situation continues, this could be our last summer at Spagó.
“Situations like this raise serious questions about the future. We cannot continue to operate under constant uncertainty.
Sign up for our Blackpool Gazette retro newsletter - warm nostalgia delivered to your inbox - weekly.
“It is only right that people ask questions, seek transparency, and decide for themselves whether this reflects their views and how they wish their support to be used.
“We hope that common sense prevails and that this challenge is reconsidered, allowing us to move forward and continue contributing to Lytham in a positive way. “
Mr Vavoso told councillors at the planning meeting that the planning wrangle over the canopy had been ongoing for 12 years.
He added that the extension allowed him to accommodate 40 extra customers, which was vital as the restaurant made its long recovery after the Covid lockdown.