The Neighbourhood Planning Act – Power to the Pub Campaigners?

The Neighbourhood Planning Act received Royal Assent on the 27 April 2017.  We understand this will be brought into effect by the late summer 2017. It was made clear through Pubs Minister Andrew Percy that the Government had “hoped to complete the passage of the Legislation before the dissolution of parliament”

The amendment to the bill will remove the permitted development rights (PD Rights) from “Drinking establishments”.  Those  PD rights allowed developers some specified types of development without the need for planning permission, albeit, there was a prescribed procedure to follow.

There had already been some Pub Campaign groups who had successfully listed pubs as an Asset of Community Value ( ACV ) which since their use from April 2015,  had curtailed the rights of the owners of “drinking establishments” to develop further without planning permission.

Once the Act comes into effect, PD rights will be completely removed for “drinking establishments” irrespective of whether they have been listed as an Asset of Community Value (ACV).

This means that Planning permission will have to be obtained for developments of drinking establishments to:

• Change of use to Class A1 (shops) Class A2 (financial and professional services) Class A3 (restaurants and cafés); 
• Change of use to flexible use Class A1 (shops), Class A2 (financial and professional services), Class A3 (restaurants and cafés), and Class B1 (business), for a period of two years;
• Change of use to a state funded school for one academic year; and 
• Demolition of the building.

However, for the versatility of pub development, one aspect of the new law will remain, a permitted change of use will be available to have a mixed use of a Class 4 (drinking establishment) and an A3 (restaurants and cafes).

Before the law is in force, some councils have moved to direct temporary removal of PD rights now for pubs, by making Article 4 (The Town and Country Planning (General Permitted Development Order)  directions. 

At present, Southwark and Wandsworth Council have done so, with Lewisham Council indicating they too are considering this action.

If you would like to read more full details can be found: 'Neighbourhood Planning Act 2017'