A café on Chester's city walls has failed in a bid to secure legal recognition for long-term use of its outdoor seating area.

In August 2025, Nub News reported on a petition launched by the owner of Huxley's, a café located at 11 City Walls, over concerns about its future.

The latest appeal sought to establish the lawful use of the outdoor seating area on the city walls.

In its application, the business, run by Neil and Olga Chesters, argued the area had been used for mixed commercial purposes for many years - including the display and sale of goods, artisan activity and customer seating.

A planning inspector has since dismissed the appeal, after concluding the evidence submitted did not support the claim of more than 10 years continuous use.

In his application, Neil and supporting witnesses described activity on the forecourt and surrounding area over a long period, stating how this activity had been a regular feature of the area for decades.

However, dismissing the appeal, the inspector noted a lack of clear evidence linking historic activity on the city walls to the premises throughout the relevant timeframe. They reviewed evidence from other parties but concluded it did not show enough continuous use to grant a lawful development certificate.

In his evidence, Neil claimed the forecourt had been used for decades for display and sale of goods, artisan activity and seating.

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However, an objection submitted to the council by the building's landlord disputed this account. The landlord said any previous use was "a world away" from the current use involving seating and serving food and drink.

They also claimed the premises were "vacant from 2014 to 2022" and that earlier activity in the area, including occasional artwork displays, was not linked to the current café use.

The inspector ultimately concluded that the café's current use of the outdoor area, which began after it opened in 2022, did not establish the historic continuous use required.

The appeal has therefore been dismissed and a certificate of lawfulness was not granted.