Friday 19 October 2012

Planning for Pubs – Policy Controls & Ideas for a New Future?


Cambridge City Council have just published their Interim Planning Policy Guidance on the Protection of Public Houses in the City of Cambridge” [1] the first in a new round of planning policy controls that aim to limit loss of these ‘community assets’ through redevelopment.

The traditional Pub has been in decline for some time, for a variety of reasons. Drink-driving laws, changes in drinking patterns, cheaper more accessible supermarket products, rising rent levels and significant tax duty have all done for the traditional market. Whether in rural or urban areas the UK alone is still losing 12 pub businesses a week to alternative uses. This much is known and is doubtless true for pubs, bars and similar enterprises the world over.

Keen to promote the Big Society and wider neighbourhood decision-making, the UK Government has sought to reduce this decline by imposing more rigorous planning policy in the National Planning Policy Framework (NPPF - paragraph 28 in particular). 

Simply stopping change is a sledgehammer approach and pre-supposes that the Pub will remain active in the absence of allowing a change of use. The plethora of decaying ‘for sale’ boards littering high street and village stand testament to this single-sided approach.

Drawing upon this guidance Cambridge’s interim policy requires that:

Development will only be permitted where evidence has been provided to satisfy the following criteria:

(a)    The pub has been marketed for 12 months as a public house free of tie and restrictive covenant and for alternative local commercial or community facility, at a price agreed with the Council following an independent professional valuation (paid for by the developer) and there has been no interest in either the free- or lease-hold either as a public house, restaurant or other use falling within the ‘A’ use classes or as a community facility falling within ‘D1’ use class; and

(b)    All reasonable efforts have been made to preserve the facility (including all diversification options explored – and evidence supplied to illustrate this) but it has been proven that it would not be economically viable to retain the building or site for its existing or any other ‘A’ or ‘D1’ class use; and

(c)    It has been otherwise demonstrated that the local community no longer needs the public house or any alternative ‘A’ or ‘D1’ class use and its loss would not damage the availability of local commercial or community facilities that provide for day-to-day needs in the local area.

This policy supports and encourages other commercial uses of the premises in line with the NPPF and existing Permitted Development Rights.

But here’s the irony. The ‘Pub’ as a community facility is not, of itself, protected by this policy approach. The use of the property for beneficial local employment/economic uses is the principle driver. 

There is no doubt the ‘Pub’ is identified as a key element in sustaining community cohesion and providing a sense of place, but there is just one problem. If the public at large are no longer interested in the traditional pub experience, what might be done to find a compatible function that retains the Pub, whilst at the same time making it a viable business?

Here are some thoughts.

There is an increasingly agile workforce out there who are willing and able – through technology – to work pretty much anywhere. The difficulty is finding somewhere suitable. The current economic climate is also making individuals and business alike think twice about that long and expensive commute. Employees have also been ‘released’ to discover alternative employment opportunities leading to more working from home.

In the same way as coffee chains have started to provide WiFi accessibility to bring people in through the door, some pub chains have begun the same process in order to attract the business sector. But this is just the start. Whilst such facilities may be helpful for that quick email catch-up, really working from a café or holding a business meeting is less successful.

The pub as a community ‘business’ hub must be a worthwhile consideration. Think, hotdesk, meets coworking and micro-meeting centre with food, drink and possibly accommodation too.

A report I prepared recently “Inn Business – A Diversification Opportunity” offers some valuable suggestions.

Lets try and keep pubs as 'pubs' - but with some additional income streams that can help them to survive.

[1] For the planning guidance in Cambridge go to:

Monday 15 October 2012

Flying the Flag and Planning




The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2012 came into force on 12 October 2012.

These regulations will increase the range of flags that can be displayed either without express consent or with deemed consent. The conditions and limitations on flags that can be displayed with deemed consent will also be relaxed in certain circumstances. 

Limitations remain for flags in Conservation Areas, any Area of Outstanding Natural Beauty (AONB), a National Park, the Broads or an area of special [Advertisement]  control. 

A plain English guide is due for publication shortly.

The Regulations provide:

New paragraph 7AA gives deemed consent to the display of a flag from a single flagstaff projecting from any part of a building other than vertically from the roof (as paragraph 7A governs flags attached to flagstaffs projecting vertically from roofs). 

New paragraph 7AB gives deemed consent to flags flown from up to two flagstaffs on land within the curtilage of a building. 

Flag advertisements within these classes may not be displayed in a conservation area, an Area of Outstanding Natural Beauty, a National Park, the Broads or an area of special control. 

New paragraph 7AC gives deemed consent for the display of Blue Flag Award scheme flags from flagstaffs on beaches or in marinas. 

A new paragraph 7AD gives deemed consent to the display of Green Flag Award or Green Flag Community Award scheme flags from flagstaffs in parks and other green spaces. 

Extending existing planning permissions


On the 6th September 2012 the Secretary of State announced a one year extension to the temporary provisions (originally introduced in October 2009) which allow applicants to extend the time limits for implementing a planning permission. This one year extension came into force on 1 October 2012.

Applicants with unimplemented extant (live) permissions granted on or before 1 October 2010 (previously the deadline was 1 October 2009) can apply for a replacement permission for the same development, which will then be subject to a new time limit for implementation.

Applications for extensions will be subject to a lower fee, less onerous information and consultation requirements. 

A design and access statement will not be required.

Don't miss the opportunity to extend that hard fought planning permission.