RESTAURANT owners say they "won’t withdraw an application" to create a new venue - and have amassed support through a petition calling for an "outdated" council planning policy to be overturned.

Earlier this week, the Star reported how Little Italy on Ormskirk Road in Rainford, a restaurant offering traditional Italian food, have been advised by St Helens Council that their latest venture - which would offer food as takeaway options in a new venue nearby - would fall foul of planning rules.

This is due to it being within 400 metres of a primary school.

Owners and brothers Fabio, Francesco and Valerio Cangemi were encouraged by the demand in their restaurant to open a separate venue for takeaway options after 4.30pm only.

The trio have spent upwards of £30,000 in transforming a former tearooms into Little Italy Express to offer the same Mediterranean dishes that they offer in the restaurant.

The rationale that could see the application potentially being refused is due to a St Helens planning policy that prevents hot food takeaways by classification from opening within 400 metres of a school (outside the town centre only).

St Helens Star: Valerio and Fabio Cangemi outside their restaurant

In a statement, the council said it had been advising the restaurant bosses that their plans comply with policy set out the Local Plan from 2022.

However, a similar policy was actually introduced in 2011 designed to reduce obesity levels in the borough was reported on by the Star at the time.

The brothers, encouraged by the public’s reaction following the Star’s article, state that they won’t withdraw their application and “won’t back down”.

They have launched a petition, which has garnered more than 1,000 signatures to date, calling for the council’s policy on takeaways to be reviewed on a case-by-case basis.

Fabio said: “We’ve been told numerous times now both on the phone and in email to withdraw our application rather than the planning office knock it back and we won’t withdraw it.

St Helens Star:

“A Mediterranean diet is one of the healthiest in the world and we will not be branded as unhealthy, especially given the quality of the produce we use.

“The response from the community has been amazing, I’m honestly made up.

“The support shows that people in St Helens like to get behind local businesses, we all live in St Helens and we’ve invested in this town and further invested and this alone would create at least 10 jobs in St Helens.

“It shows by their support that people are for independent businesses doing just that – it’s just a shame the council don’t seem to feel the same way.

St Helens Star:

“We are pushing for more signatures on the petition to get this reviewed, please sign as it costs nothing and can help make a difference.

“The council have made no attempt to discuss this further with us and I have offered to come to the table and look at shortening our opening hours, but they haven’t responded.”

The same policy was also referenced in 2020 in the planning documents referring to the opening of Domino’s Pizza on Mill Lane in Sutton, a site within a short distance of a nursery, primary school and high school.

The Domino’s Pizza was given approval with Star reporting planning documents which stated: "The proposals were approved on the basis that the site would bring a vacant unit back into use and despite the fact that the site was within 400 metres of a primary school.

"It was considered by the case officer that the proposed opening hours (after 4pm) would mean that there would be no harmful impact on the school pupils and therefore the proposals were acceptable".

St Helens Star:

In a statement sent to the Star earlier this week, St Helens Council said: “St Helens Borough Council spokesperson said: “Local independent businesses are the heartbeat of our town centres and villages across the borough, and we look to encourage, support and advise them where we can, whether established, new or aspiring.

“In regard to the new business venture in Rainford, our planning service - in line with the council’s customer experience commitment - proactively contacted the applicant at the end of last month to highlight concerns with their application, advising that it doesn’t comply with policy set out in our Local Plan, adopted in 2022, to prevent hot food takeaways from opening within 400 metres of a school or college as part of our ongoing efforts to reduce childhood obesity.

“The planning application has not yet been determined and our planning service will continue to liaise directly with the applicant on determination of their submission.

“Once a formal decision has been made, a decision notice, along with reports setting out the detailed assessment of all material planning considerations will be published on the council website.”

To view the petition, go to https://www.change.org/p/revise-the-council-s-policy-on-takeaway-proximity-to-schools-in-rainford