Out-Law News 1 min. read

Government announces plans to protect valued pubs from conversion without planning permission


The UK government has announced plans to protect pubs listed as assets of community value (ACVs) from demolition or conversion without an application for planning permission.

Under existing permitted development rights, pubs can be converted into shops, financial and professional service businesses, restaurants or cafés without applying to a local authority for planning permission. In a written statement to the House of Commons (2-page / 84 KB PDF) yesterday, under secretary of state for communities and local government Kris Hopkins said the government intended to change the law to exempt pubs that have been listed as ACVs from these permitted development rights.

Hopkins said that, since a requirement for local authorities to maintain a list of land and buildings of community value was introduced under the Localism Act, community groups had successfully applied for over 600 pubs to be listed as ACVs.

"The passion for community pubs, as demonstrated by the significant numbers listed as ACVs, highlights the need to enable local communities to consider planning applications for the change of use of a pub of particular local value", said Hopkins.

Hopkins said the proposed exemption from permitted development rights would mean that "in future where a pub is listed as an ACV, a planning application will be required for the change of use or demolition of a pub."

"This then provides an opportunity for local people to comment, and enables the local planning authority to determine the application in accordance with its local plan, any neighbourhood plan, and national policy," said Hopkins. "The local planning authority may take the listing into account as a material consideration when determining any planning application."

Planning law expert Mike Pocock of Pinsent Masons, the law firm behind Out-Law.com said: "One of the criticisms of the ACV regime was that it lacked any teeth and that in many cases a listing would make no difference. The legislation presents a further opportunity for communities to have their say on proposals through the planning application process." 

"Time will tell whether this is simply more red-tape for developers to overcome or whether it will make a genuine positive difference in securing the retention of pubs," he said.

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