Protection of Pubs - BBPA to Judicially Review council decision

The British Beer & Pub Association is to seek a judicial review over Cambridge City Council’s interim planning policy guidance on the protection of pubs which was adopted in October 2012.

The guidance sets out how applicants should justify their proposals for change of use, conversion or redevelopment of pub sites. It also lists the criteria that should be used in the assessment of applications for development proposals affecting the loss of a current or former public house on the city’s list of safeguarded public house sites.

In particular it states that development will only be permitted where evidence has been provided to satisfy the following criteria:

"(a) The pub has been marketed for 12 months as a public house free of tie and restrictive covenant and for alternative local commercial or community facility, at a price agreed with the Council following an independent professional valuation (paid for by the developer) and there has been no interest in either the free- or lease-hold either as a public house, restaurant or other use falling within the ‘A’ use classes or as a community facility falling within ‘D1’ use class; and

(b) All reasonable efforts have been made to preserve the facility (including all diversification options explored – and evidence supplied to illustrate this) but it has been proven that it would not be economically viable to retain the building or site for its existing or any other ‘A’ or ‘D1’ class use; and

(c) It has been otherwise demonstrated that the local community no longer needs the public house or any alternative ‘A’ or ‘D1’ class use and its loss would not damage the availability of local commercial or community facilities that provide for day-to-day needs in the local area."

The BBPA is understood to be arguing that the council failed to follow procedure for the development of policy.

The council are currently reviewing the BBPA’s documentation, but will be defending the claim and instructing counsel.