PLANNING councillors in Darlington could be on thin ice after overturning an officer's recommendation.

A controversial application by Count Cash of Middlesbrough to change the use of a caf on Cockerton Green to a caf with 30 gaming machines, was refused on Wednesday, despite councillors being warned that a refusal could land the authority with a costly appeal.

The applicant had applied to put the gaming machines in the front of the premises with two seated caf areas to the rear, stating that it would be a strictly over-18s facility.

But swayed by the weight of local opposition which included 67 letters of objection and three petitions containing almost 1,000 signatures claiming the venture was inappropriate and too close to five schools and three churches, councillors voted 5-2 against the recommendation.

The move created consternation among the planning officers and chairman Coun Frank Robson, who were unsure of the exact grounds of the councillors' refusal.

Before a vote was taken, Coun Robson reminded committee members about planning policy governing the location of gaming premises and warned that social and moral reasons were insufficient grounds to legally refuse the application.

He said: "Annex D of planning policy guidance six reminds authorities that premises with gaming machines require a permit from the council before they can operate and that it is as part of this separate control regime that social considerations can be taken into account.

"That is a position which has been reiterated in planning case law, where proposals which have been refused on social or moral grounds have invariably been allowed on appeal, often with costs awarded against the local authority."

Coun Gordon Plummer, who moved refusal, was asked once again to state his reasons for going against the recommendation.

He said: "I refuse this on the grounds of a change of use. The loss of the caf facility which was used by all ages would disenfranchise the community. In effect it would ban anyone under 18 from using it."

It was documented that policy S19 of the Darlington local plan would be referred to as grounds for refusal in the event of an appeal.

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