C O N T E X T 1 4 1 : S E P T E M B E R 2 0 1 5 5 CAROLYN SHELBOURN Planning, permitted development and pubs The loss of pubs has reached what might be called epidemic proportions in recent years. Many have closed for economic reasons but pubs are also under threat of development. The demolition of the CarltonTavern pub in MaidaVale in April 2015 received considerable press attention.1 The pub (built 1920–21) was the only building on the street to have survived the Blitz and was being considered for listing by Historic England. The owners had been refused planning permission to demolish the pub, which was in a conservation area. The unauthorised demolition was followed by the unprecedented decision of the local planning authority (Westminster Council) to serve an enforcement notice requiring the rebuilding of the pub within 18 months.2 This case, however, simply reflects the tip of the iceberg. Many pubs have closed for economic reasons, but pubs are also under threat of development. Pubs and their car parks are suitable sites for residential conversion and development. In 2010 a report by CAMRA showed that between January and November 2012 over 200 pubs had been converted into supermarket convenience stores.3 While few of these pubs would have had sufficient merit for them to be listed, they nevertheless contributed to the character and appearance of the area, and in villages and small towns may often be prominent buildings on the high street. Until very recently, these changes were not subject to development control. If the pub was not listed or in a conservation area, consent was not required for demolition of the building, for alterations to the interior, or for changes to the exterior not materially affecting the external appearance of the building, as none of these constitute development under the Town and Country Planning Act 1990. The situation was made worse by changes made to the Use Classes Order 4 in 2005 which rendered a change from a drinking establishment (use class A4) to a restaurant (use class A3), office (use class A2) or shop (use class A1) permitted development. Recent changes to the law may now allow more control over pub development. Listing as an asset of community value Part 5 Chapter 3 of the Localism Act 2011, and the Assets of Community Value (England) Regulations 2012, give local groups a right to nominate a building or other land for listing by the local authority as an asset of community value (ACV) if its principal use furthers the social well-being or social interests of the community. If the building meets the criteria for nomination, the local authority must list it as a community asset, and place the building on the local land charges register. One third of all listed ACVs are pubs. In 2015, 19 pubs in Otley were listed as the first mass listing of ACVs.5 Listing as an ACV has three advantages. First, it offers a chance for the community to buy the asset. If the owner wishes to dispose of it by selling it or granting a lease of at least 25 years, a moratorium period of six weeks is imposed, during which community interest groups can request to be treated as a potential bidder. If this is done, the owner may not sell or lease the property to any person other than the community interest group for six months.6 Second, listing as an ACV will result in limits being imposed on permitted development rights (PDR). In 2015 the Use Classes Order was amended to remove the PDR for change from Class A4 use to Class A1, A2 or A3 use where the pub is listed as a community asset.7 Third, the General Permitted Development Order was also amended in 2015 8 to require planning permission to be obtained for the demolition of a pub subject to ACV listing. It is ironic that the Carlton Tavern was demolished just two days after these changes to PDR came into effect. However, these limits apply only for a period of five years from the date of listing as an ACV, meaning that a pub that has been listed becomes vulnerable to development after this period expires.Although changes to PDR have been welcomed, this limitation means that there may still be a place for another legal mechanism, the Article 4 direction. Article 4 directions Article 4 of the General Permitted Development Order 9 empowers the local authority to make what are commonly called ‘Article 4 directions’, restricting PDR in relation to both operational development and change of use if it is satisfied that it is expedient to do so. As with ACV listing, the direction does not prevent development, but it does mean that planning permission is required for development that would otherwise fall within PDR. The Campaign for Real Ale (CAMRA) has produced guidance for planners and conservation References 1 www.independent. co.uk/news/uk/ home-news/developerswho-destroyed-historiclondon-pub-withoutpermission-could-beordered-to-rebuild-brickby-brick-10212893.html 2At the time of writing both the refusal of planning permission and the enforcement notice are the subject of appeal by the developer 3 See House of Common Library Standard Note SN/SC/1301 (2014) Planning: Change of Use System 4 Town and Country Planning (Use Classes) Order 1987/764, as amended 5 www.theguardian. com/uk-news/thenortherner/2015/may/10/ otleys-pubs-saved-fromlast-orders 6 Section 95, Localism Act 2011 7 See Part 3, UCO 2015 at www.legislation.gov. uk/uksi/2015/596/pdfs/ uksi_20150596_en.pdf 8 See Part 11, GPDO 2015, www.legislation.gov. uk/uksi/2015/596/pdfs/ uksi_20150596_en.pdf The Carlton Tavern, the only building on the street to have survived the Blitz, was being considered for listing by Historic England. (Photo: Ewan Munro, Flickr)
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