A POPULAR Knutsford restaurant wants to create an outside eating area but its proposal could have been dealt a blow after the town council said the land should be protected as a public right of way.

Piccolino's, on King Street, has applied to Cheshire East Council to build a decked area with removable seating and umbrellas, to the left hand side of its premises, in between the shop that was most recently occupied by Florentyna Dawn.

The frontage to the decking would have a glass panel but that would not be attached to the main building.

However, Knutsford Town Council believes the land has been used for a 'significant period of time' by residents as a passage down to the Moor and as such should be kept as a right of way.

The council had the same opinion when the restaurant applied earlier this year to build an extension on the area of land, which was later rejected by a planning inspector.

Piccolino's planning statement adds: "The neighbouring retail unit at 97 has ownership of the land between the two properties and an opportunity has arisen to allow this land to be taken under the control of the applicant and for it to be used for outdoor dining.

"An earlier application for a ‘high level’ dining area was rejected on appeal on the basis of the adverse impact it would have on the Listed Building and the Conservation Area.

"However, no objection appeared to have been sustained regarding the principal of the land being used for purposes incidental to the restaurant and as such a scheme has now been designed ensuring that the Listed Building and Conservation Area are not adversely affected and the bringing into use of a ‘redundant’ area of land will support the policies of the Conservation Area and not close the gap between the principal buildings on either side and thereby maintain the rhythm of the streetscene.

"In addition, the development will bring life and vitality to the Conservation Area and it is anticipated that the local Town Council and local residents will support the scheme on the basis of the benefits it would bring to the Conservation Area and the town centre."

In the minutes of Knutsford Town Council's planning committee, held on Monday, May 9, councillors decided to ask Cheshire East Council to make the area of land a public right of way.

"The committee would advise the (planning) officer that Knutsford Town Council is in the process of submitting an application for an 'Definitive Map Modification Order' to designate a public right of way across this land which from the evidence obtained has been used for a significant period of time by members of the public, as such the Public Rights of Way team should be added as a consultee to this application," it said.

"Notwithstanding this the committee note the comments of the Planning Inspector when refusing a previous application (15/0893M) for this use on January 29, 2016 and do not consider this revised proposal to overcome the Inspector’s objections."

A decision is expected by June 21.