Council officials have ordered a popular Bristol restaurant in a newly pedestrianised street to dismantle its outdoor seating – despite a staggering swell of support from almost 1,000 residents.
The enforcement notice by the city council's highways team comes as Bravas tapas restaurant in Cotham Hill is still going through the process of applying for planning permission to retain its terrace.
But during ongoing talks between Bravas and City Hall bosses, the local authority has agreed a stay of execution until the planning application has been determined.
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Highways and planning are two separate regimes and even if consent is granted by one, permission is also needed from the other.
The notice, which orders the structure's removal by the end of October – a deadline which will no longer be enforced – said the covered area "appears to have been erected on the public highway without lawful authority" and was an "obstruction".
It said: "Bravas's recent application for a pavement licence to trade outside has been refused owing to the structure not being approvable."
The notice was served just four days after the Local Democracy Reporting Service revealed the restaurant had reapplied for planning permission following the council's refusal in July.
At the time of publication on September 26, Bristol City Council's planning portal showed the restaurant had support from 19 people with four against.
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Since then, that has ballooned to almost 1,000 supporters, with less than 50 objections to the seating's retention.
Bravas installed 12 tables on two terraces during the covid lockdown in 2021 as part of the drive to encourage a cafe culture and social distancing, shortly after bollards and pot planters were installed to shut the hill to traffic.
It has had no complaints since then, but planning officers rejected the establishment's application three months ago on the grounds of inadequate space for emergency vehicles and an adverse impact on the local conservation area's character and appearance.
Bravas co-founder Kieran Waite said: "We're relieved and grateful that enforcement has been paused.
"It's absolutely the right decision, and we're especially appreciative that Shaun Taylor, the head of highways, personally stepped in.
"His willingness to meet in person and engage in open, constructive dialogue has been refreshing, and we hope that spirit can continue.
"The pause also shows that there was never an urgent safety risk.
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"In five years, there hasn't been a single recorded accident or injury on Cotham Hill, and the emergency services formally consulted on our application raised no objection.
"It's always been difficult to understand how new public safety concerns could justify urgent enforcement action particularly when it puts local jobs at risk and runs against the clear will of the community.
"The public response has been remarkable, with over 1,000 comments on our planning application, almost all in support.
"It feels like a small but important win for common sense.
"That said, we do have serious concerns about the process, especially around internal coordination and whether a fair, joined-up assessment is even possible.
"We've followed professional advice and entered the planning process in good faith, only to now be told that even if we're successful, a licence still may not be granted.
"It sends a worrying message that Bristol is closed for business.
"For independent operators like us, employing over 100 people locally, it makes it impossible to invest or plan ahead with confidence.
"We want to work with the council to find a practical solution, but we need clarity, fairness, and consistency in the process.
"Cotham Hill is a Bristol success story, and Bravas has been part of that from day one.
"Our only aim is to keep contributing to a thriving, people-friendly neighbourhood in a way that's safe, sustainable, and respectful of the important work the council does."
Bristol City Council transport and connectivity committee chairman Cllr Ed Plowden (Green, Windmill Hill) said: "The council will not be taking any action in relation to the highways enforcement notice until a decision on the planning application is made.
"Planning permission and highways enforcement are different processes using different legislation.
"As both apply in this case, I encourage the restaurant owners to work with highways officers, who have reached out to find a solution on many occasions, whilst the planning process takes place to explore the options available."