- Details
- Written by Graham Murray
- Category: Pub Protection
Assets of Community Value – how to nominate a pub.
With all pubs and bars closed due to the Coronavirus (COVID-19) pandemic it is possible that some pub owners will be considering recovering any financial losses by selling some pubs. There is a real danger that we will see some of our local pubs closed, used for new purpose, or demolished for redevelopment. Thankfully, this closure process is now slightly more difficult thanks to the Town and Country Planning (General Permitted Development) (England) (Amendment) (No 2) Order 2017. Owners now must apply for planning permission to change a pub:
- to a shop;
- to a restaurant or café;
- to a state funded school;
- to a temporary flexible use; or
- to be demolished.
Most local authorities have weak pub protection rules anyway and it is still far too easy to lose a pub to other uses or demolition and redevelopment.
In addition to this planning law, a tool called the Community Right to Bid, also known as Assets of Community Value (ACV), gives people the chance to bid to buy and take over the running of pubs that are of value to the local community. Community Right to Bid allows communities to nominate pubs and land for listing by the local authority as an ACV. If the pub comes up for sale, the community can ‘pause’ the sale and are given up to six months to find the funding required to buy the pub.
- Details
- Written by Mel James-Henry
- Category: Pub Protection
Did you know that planning policies have to be consulted before a pub is converted or demolished? Local councils have to consult national policies and their local plans when deciding on planning applications, such as the conversion or demolition of a pub. It’s therefore important that councils have strong policies in place that recognise the value that pubs add to their community to protect them from closure. The National Planning Policy Framework (NPPF) contains several policies which could be very helpful to pubs. Section 70 states that Local Planning Authorities should “guard against unnecessary loss of valued facilities where they would reduce the community’s ability to meet its day-to-day needs” and should “ensure that established shops, facilities and services are retained for the benefit of the community.” This policy crucially applies to all community pubs, not just those in rural areas. CAMRA recently published a document showing local plan rankings based on the level of protection each local authority gives to pubs. Of 331 English councils, 110 (33%) ranked POOR in their pub protection, 137 (41%) were classed as needing ROOM FOR IMPROVEMENT.
Sadly, the local authorities in our branch area (Knowsley, Liverpool, and Sefton) have very weak policies within their local plans.
The plan for Knowsley Metropolitan Borough Council only mentions pubs in relation to reducing the need to travel: 2016 "Policy CS2 Development Principles 1) New development in Knowsley and the preparation of subsequent stages of the Local Plan will be expected to support the following development principles: Principle 3: Reduce the need to travel and increase accessibility by:
a) Selecting locations that reduce the need to travel, especially by car, and enable people as far as possible to meet their needs locally;
b) Assisting the Council in achieving a shift towards more sustainable modes of transport for people, goods and freight.” There is no specific mention of any pub protection plans and is classed by CAMRA as Poor.
Liverpool City Council thinks pubs can be relocated or incorporated into new developments, if they are seen as cultural or social facilities, and requires negotiation with the developer: 2002 SOCIAL FACILITIES C1 1. For any development proposal that involves the loss of an existing cultural, religious or social facility, for which there is a demonstrable local need, the City Council will seek to negotiate with the developer to ensure that the facility: 1. is relocated to a more appropriate location, which is easily accessible to its users; or 11. is incorporated or replaced within a new development. 2. Planning permission will be granted for the development of new social facilities in locations accessible by passenger transport, particularly within the City, District and Local Centres.
Classed by CAMRA as Poor. Again, no specific bias towards protecting pubs and the plan relies on negotiation with developers to relocate facilities, i.e. pubs, to a new location. Community pubs are just that, part of the community. They can’t be uprooted or replaced that easily.
Sefton Metropolitan Borough Council fares slightly better but currently relies upon pubs being listed as Assets of Community Value (ACVs): 2017 HC6 ASSETS OF COMMUNITY VALUE Where development will result in the loss, or partial loss of an Asset of Community Value, planning permission will be granted where the applicant has demonstrated that: a. Alternative provision will be made to meet community needs, or b. An existing accessible facility will provide the facility or service that is being lost with the development, or c. There is sufficient existing provision to meet the community’s day-to-day needs. Classed by CAMRA as needing “Room for improvement” Assets of Community Value are valuable tools for giving interested parties time to develop a business plan if they wish to make a bid for a pub, they also require developers to seek planning permission for changes of use or demolition, which otherwise could be carried out under permitted development rights. .
The Government amended the Town and Country Planning Act in May 2017 and removed permitted development rights so in most cases pubs owners will instead have to apply for planning permission to: change to a shop; restaurant or café; state funded school; to a temporary flexible use; or to be demolished. Note that this new provision does not include conversion to housing such as flats. The order demonstrates the importance of pubs to the Government, but there is still clearly room for improvement on the part of our local councils. As a campaigning group CAMRA needs to lobby local representatives so that pubs are given greater protection. This means the ordinary CAMRA member like you, not just the people who work in HQ in St Albans. Local branch members are the ones who know their councillors. Next time you see one in your local pub, or when they come canvassing at election time, ask them what they are going to do to protect the pubs we love.
The National Planning Policy Framework: https://www.gov.uk/government/publications/national-planning-policy-framework--2
Local Plan Rankings Document. A document with rankings (produced by CAMRA) for all Local Plans in England, based on planning policies affecting pubs. https://s3-eu-west-1.amazonaws.com/www1-camra/app/uploads/2019/04/29091443/CAMRA-Local-Plan-Rankings-2018.pdf
Knowsley Local Plan http://www.knowsley.gov.uk/residents/building-and-planning/local-plan/adopted-documents
Liverpool City Local Plan http://liverpool.gov.uk/council/strategies-plans-and-policies/environment-and planning/plan-making-in-liverpool/current-local-plan-documents/unitary-development-plan/
Sefton Metropolitan Borough Council Local Plan https://www.sefton.gov.uk/localplan
