Don't be a planning ostrich
Quite regularly there are stories about a new landlord who tries to boost his business and comes unstuck with the planning department. But within the trade there appears to be an unfortunate head-in-the-sand tendency when it comes to the important legal aspects.
A few weeks ago on this page I pointed out that the upcoming smoking ban will require careful consideration of planning aspects. Since then, hey presto!, there have been several examples of the problems that can occur when one local authority department has a different perspective from you on the effects.
Some years back there was a spate of plastic or inflatable "supertoys" installed in pub gardens to attract families. Big boots, clowns and castles were rife. Few of the happy licensees even thought about planning permission, and were aggrieved to find out that not every installation met with approval.
It is not just a question of filling in a form or sending a letter. A simple notification is by no means enough. It is a two-way process: you have to let the local council know what you propose and then they have to give their formal approval before you can go ahead.
If you do contemplate a new structure, one question you must ask the supplier or contractor is: will it need planning approval? If you get an ambiguous answer, be wary. They ought to know. If they don't, then ask the planning department first. Part of their job is to give you information and advice.
Do not assume that contacting them means an automatic refusal, and it is better to ignore the formalities and wait until someone protests. That is a recipe for disaster — and invariably more expensive.
But also, do not rest content with a view from someone else that it does not need consent. The only people who can really advise are those whose job is to control the way the borough looks. Clearly, not everyone is happy with their decision, which is why people appeal. But you still have to go through the process to reach that opportunity.
Pubs need publicity and they need attractions. Both of these can fall foul of planning regulations, particularly in conservation areas, or when a building is listed, as many pubs are. But do not be an ostrich!
