The Technical Consultation on Planning, which was launched by former pubs minister (now housing minister) Brandon Lewis, sets out the changes the Government wants to make to what it calls “a convoluted, confusing, ex-pensive and in many cases ineffective” planning system.
It includes major changes to Article 4 directions — which currently force developers to apply for planning permission to change a pub to any other use. The Government is suggesting amending the direction so that permitted development rights cannot be removed from properties for which prior approval has been given to change use. The consultation even suggests councils could be forced to pay compensation to developers whose permitted development rights have been withdrawn.
The Government has also ignored calls from groups such as the Campaign for Real Ale and the Plunkett Foundation to tighten up regulations that allow A4 use class (pubs) to transfer to A1 (shops) use without the approval of the local planning authority.
Other proposals include reducing the number of instances in which English Heritage would be consulted on applications and removing entirely the body’s power of direction in Greater London — which allows it to refuse applications directly.
Dale Ingram, chief executive of Planning for Pubs, said: “These changes are potentially catastrophic for Britain’s pubs sector.”
Retrograde step
She said the revisions were “entirely contrary to the Government’s position that development should be sustainable and socially, environmentally and economically responsible” and called them a “retrograde step”.
Jonathan Mail, head of public affairs at CAMRA, said: "The launch of this consultation gives us an opportunity to speak out against a planning system that fails to recognise the social and community value of pubs. We need a planning system that effectively safeguards viable community pubs by ensuring planning permission is always required before a pub can be converted into another use or demolished.
"Whilst the overall consultation is disappointing we are pleased that the Government has agreed to tighten planning rules to prevent pubs being converted into betting shops or pay day loan stores without planning permission. We will be lobbying the Government over the summer to go further to support and protect pubs through the planning system."
James Watson, a pubs protection officer for CAMRA, said he welcomed the introduction of greater powers to stop pubs being converted into betting shops.
However, he added: “Brandon Lewis and Eric Pickles have trumpeted Article 4 directions to CAMRA. Many local planning authorities are reluctant to use them and we have seen only a handful of cases where they have been successfully applied to pubs. They are hard enough now to deal with and the last thing we need is for them to be made harder. We do not agree that the powers of planning authorities should be further weakened.
“Compensation is a controversial area as this is one of the main dissuaders for planning authorities to make Article 4 directions.”
Evolution
Brigid Simmonds, chief executive of the British Beer & Pub Association, said: “We will be responding to the consultation in detail, but given the evolution of pubs, with much more focus on food, there is little sense in having a different definition for a pub (A4) from a restaurant (A3), which is a point we will raise. The two are very interchangeable in the modern market, but we respect the right of local authorities wanting to ensure that safeguards are in place for new drinking establishments.
“We would welcome more flexibility to help the future high street develop and are pleased that no further restrictions are proposed within the A class. We continue to support the community right to bid and listing of premises, as the right way to protect genuine community pubs.”
Kate Nicholls, strategic affairs director at the Association of Licensed Multiple Operators, said: ““The current Use Classes Orders are hampering hospitality investment, particularly in town centres and high streets.
“They do not allow for a hybrid type of outlet which is principally food led but also serves alcohol separately, or the fact that many pubs and bars now want and need to widen their appeal to local communities by varying their offer.
“We would like to see a return to a single A3 class for licensed hospitality to reflect how premises serve different needs from different audiences at different times of the day and evening.”