BBPA judicial review over Cambridge City Council pubs protection policy turned down
The IPPG (Interim Planning Policy Guidance) will only allow planning permission for a pub seeking change of use if it is put on the market for a year, is free of tie and has no restrictive covenant.
The BBPA lodged papers in the High Court in January because it believes the policy is too confining for pub businesses, whatever their type or size, including independent pubs.
Following the announcement, a BBPA spokesman said the organisation will continue to voice its concerns, and will “certainly continue to oppose the policies where we believe they are damaging to small local businesses and the local pub trade as a whole".
It said: “We are disappointed our application for a judicial review has been turned down.
“However, we will continue to voice our concerns, as we believe that overly restrictive policies can be damaging to the trade. Even interim guidance such as this should properly reflect the intention of the National Planning Policy Framework - to reduce red tape and burdens on business, and to promote growth.
“We are particularly concerned that Cambridge City Council is proposing to set the price at which a pub could be sold.
“We will certainly continue to oppose the policies where we believe they are damaging to small local businesses and the local pub trade as a whole. As this was interim guidance, we will of course continue to raise our concerns during Cambridge Council’s consultation on proposed changes to their Local Plan. As one planning inspector has already noted, the Cambridge policy has not been independently tested, as it will be if it becomes part of their Local Plan.”
Councillor Tim Ward said: "Cambridge City Council is delighted that the court has refused permission for this judicial review, and that the court agrees with the whole of the council's position."
BBPA’s decision to take the policy to judicial review was met with disappointment by the Campaign for Real Ale and chair of the All-Party Save the Pub Group Greg Mulholland.
Mulholland welcomed the High Court’s decision.
He said: "I am delighted to see that the High Court have turned down the BBPA’s application which was a shameful attempt to undermine a decision made in the interest of the local community by a democratically elected council. Cambridge City Council deserve huge credit, first of all for introducing this excellent policy, then for having the courage to stand up to the pubco funded BBPA who clearly prepared to spend huge sums of money to try to prevent them stopping some of their members selling viable, wanted pubs which have a valuable place in local communities"
Julian Huppert, MP for Cambridge and Save the Pub Group member said: “This is excellent news for Cambridge and its pubs. We will now be able to protect them better and stop them closing down.
“I am disappointed that the BBPA tried to overturn democratic decision making and I hope this decision will also encourage other councils to take similar steps.”
