Last orders called on permitted development

The Government has called time on the permitted development of drinking establishments says commercial property agent Prop-Search, as new legislation is introduced in an attempt to prevent the loss of public houses that provide a community benefit.

This change in legislation follows a statement made earlier in the year by Communities Minister Kris Hopkins, who said: “That the passion for community pubs highlighted the need to enable local communities to consider planning applications for the change of use of a pub of particular local value.”

Samantha Jones, an Associate Director of Prop-Search, said: “Permitted development rights allow certain classes of development to go ahead without the need for an express planning application.  However, this amendment means that for certain drinking establishments, planning permission will now be required for a change of use or demolition.”

The GPDO removes certain permitted development rights for ‘specified buildings’.  Specified buildings are buildings used as a drinking establishment, which have been listed as an Asset of Community Value, or which have been nominated to be listed.  The purpose behind the legislation is to protect pubs from development as they are seen to be an important part of a community.

The Localism Act 2011 introduced the right for Parish Councils, Community Groups and Neighbourhood Forums to make an application to the Local Authority to nominate land or buildings as an Asset of Community Value.  This is a building or land which furthers, or has in the recent past furthered, social wellbeing and/or the interests of the local community and it is realistic to think that this use could continue, or may continue within the next five years.

Samantha Jones added: “Social interests include cultural, recreational or sporting interests.  However, the most common types of building to be listed have been pubs, which is why they have been afforded special protection against development.  The consequence of a building or land being listed is that they cannot be disposed of without first being offered to the party who nominated the building or land as an Asset of Community Value.”

Prop-Search advises that it is therefore essential that if you are considering carrying out development to a pub, which is authorised by a permitted development right, to contact the local planning authority to find out whether the building is listed or has been nominated to be listed as an Asset of Community Value.  If the property has been listed or has been nominated to be listed then a planning application must be made to the local planning authority for the development. 

The Town and Country Planning (General Permitted Development) (Amendment) England Order 2015 (GPDO) came into force on 6 April 2015, which removed permitted development rights for some drinking establishments. 

Further information or advice can be obtained from Prop-Search - Tel: 01933 223300 / 01604 492000 or its website: www.prop-search.com