The council’s interim planning policy guidance (IPPG) is the first of the kind in the UK, and requests a site to be marketed for 12 months as a pub that is free of tie and restrictive covenant.
It also asks applicants to give evidence that diversification options have been explored, prove it is not economically viable to retain the pub, and show the community does not need one.
However the BBPA noted that it is “extremely concerned about the criteria”.
In its response to an earlier consultation on the policy, which was published last week, it said: “We believe the proposals are unlawful as there is no legal basis upon which the council might develop such criteria, which is, in effect, an obstacle to development.
“It is our view the council is exceeding its powers under planning laws as well as going against the spirit of the NPPF (national planning policy framework) published only this year to free up businesses from unnecessary planning burdens, and will be counter-productive in helping to keep pubs open.”
The council rejected this, explaining the IPPG is in line with the NPPF “in terms of providing protection to pubs being important community facilities while ensuring that redevelopment or change of use is possible subject to a set of criteria being met”.
Brigid Simmonds, chief executive at the BBPA, said: "We all want to keep pubs economically viable but unfortunately, with less people using pubs these days, it is not always possible. For any freeholder, whether a large company or a single free house, it could be extremely damaging to have to keep certain pubs empty and closed for months. They would be unable to sell the premises and re-invest in other more viable pubs in the area. This could even lead to more pubs closing overall.
"On occasions when a pub closes and there is genuine support from the community, the ‘Community Right to Bid’ powers, which we have supported, are the proper mechanism to allow local groups to bid to buy and run the pub, rather than the sweeping planning restrictions introduced by this policy. These are completely contrary to the intention of the new National Planning Policy Framework introduced this year, to cut planning red tape for business."