KNUTSFORD Town Council has lodged a successful appeal against a decision which allowed a King Street restaurant to build an outdoor terrace.

In March, members of Cheshire East Council’s public rights of way (PROW) committee refused an application for a ginnel between King Street and Old Market Street to be made a public footpath – a decision effectively granting Piccolino permission to build a side terrace, which has been open since May.

An inspector has allowed the appeal, saying: “On the balance of probabilities it is reasonable to allege that the claimed route is a public footpath.”

The original application to recognise the pathway between 95 and 97 King Street as a PROW was supported by evidence of use from 14 members of the public.

The representation put forward in the application suggested the pathway had been used by the public without restriction throughout the relevant period from 1995 to 2015.

As a result of the appeal decision, dated July 21, CEC will in September make an order to add the footpath into its PROW map. This order will be subjected to six weeks’ advertisement.

Piccolino has the right to appeal.

Cllr Simon Hutchence said: “I am pleased that the inspector decided as they did. I was really quite surprised that the original committee went the other way.

“All we can do it note what happens next – we will just have to wait and see. My theory is that this could descend into trench warfare."

A report by deputy town clerk Lisa Benskin said: "If the order is confirmed ... then after a six-week advertisement period it is effective.

"If at this stage the PROW continues to be blocked then the section manager would decide what enforcement action should be taken."