Planning and Pub Protection Policies
National Planning Policy Framework (“NPPF”)
The NPPF was revised in July 2021, replacing the previous framework originally published in 2012, and sets out the Government’s planning policies for England and how they should be applied. Where Local Plans are silent (eg. policies on pub protection) then Framework policies apply.
The Framework contains several policies which are potentially helpful to pubs:
Section 8 “Promoting Healthy & Safe Communities” in clause 93 states that planning policies and decisions should aim, amongst other things, to provide the social, recreational and cultural facilities and services a community needs, plan positively for the provision and use of shared community facilities, such as pubs, and guard against the unnecessary loss of valued facilities.
Section 6 “Building a Strong, Competitive Economy” in clause 84 states that planning policy and decisions should support the retention and development of community services, such as pubs, in rural areas.
Section 7 “Ensuring the Viability of Town Centres” states that planning policies and decisions should support the role that town centres play at the heart of local communities, by taking a positive approach to their growth, management and adaptation.
The London Plan
The London Plan 2021 is the overall strategic plan for London, and it sets out a fully integrated economic, environmental, transport and social framework for the development of the capital. It forms part of the development plan for Greater London. London boroughs’ local plans need to be in general conformity with the London Plan, and its policies guide decisions on planning applications by councils and the Mayor.
Policy HC7 “Protecting Public Houses” requires boroughs to (1) protect public houses where they have a heritage, economic, social or cultural value; (2) support proposals for new public houses where they would stimulate town centres, the night-time economy and mixed-use developments; (3) refuse applications for the loss of public houses unless there is authoritative marketing evidence demonstrating there is no realistic prospect of the building being used as a pub in the foreseeable future; and (4) resist proposals for the redevelopment of associated accommodation or facilities, or development within the curtilage of a public house, that would compromise the operation or viability of the pub.
Lambeth Local Plan
The Lambeth Local Plan sets out the vision, strategic objectives and policies for development in Lambeth.
The current plan was adopted in Sept 2021.
Policy ED9 Public Houses states:
(a) The council will support the retention of public houses;
(b) Applications for the change of use, redevelopment and/or demolition of a public house must demonstrate that: (i) the public house use is no longer economically viable; a viability report must be submitted and this must include evidence of active and appropriate marketing over a continuous period of at least 24 months and evidence that all reasonable efforts have been made to preserve the facility; (ii) the proposal would not result in the loss of a service or facility of particular value to the local community; and (iii) the proposed alternative use will not detrimentally affect the vitality of the area and the character of the street scene;
(c) If the public house is considered to have townscape or heritage value the council will seek retention of the building and any external features of interest, including characteristic pub features;
(d) Schemes affecting public houses should not result in a loss of cellarage, staff accommodation or other features which might render the public house use unviable;
(e) Proposals for new public houses within town centres will be supported, subject to other development plan policies;
(f) The policy applies to lawful public houses whether currently in use as a pub or vacant. The CAMRA definition of a pub will be taken into account.
Lewisham Development Management Local Plan
The Lewisham Development Management Local Plan (“DMLP”) was adopted in Nov 2014 and sets out the Council’s planning policies for managing development in the borough and will be used to guide, assess and determine planning applications. The plan supports the implementation of the Lewisham Core Strategy and the London Plan.
DM Policy 20 covers public houses and states the Council will only permit the change of use or redevelopment of a public house after an assessment of:
(a) a viability report that demonstrates to the Council’s satisfaction that the public house is no longer economically viable, including the length of time the public house has been vacant, evidenced by the applicant of active and appropriate marketing for a constant period of at least 36 months at the existing use value;
(b) the role the public house plays in the provision of space for community groups to meet and whether the loss of such space would contribute to a shortfall in local provision, including evidence that the premises have been offered to use or to hire at a reasonable charge to community or voluntary organisations over a 12 month period and there is no longer a demand for such use;
(c) the design, character and heritage value of the public house and the significance of the contribution that it makes to the streetscape and local distinctiveness, and where appropriate historic environment, and the impact the proposal will have on its significance;
(d) the ability and appropriateness of the building and site to accommodate an alternative use or uses without the need for demolition or alterations that may detract from the character and appearance of the building.
Royal Greenwich Local Plan
The Local Plan is the key strategic planning document for the borough and is used to help shape development and determine planning applications.
The Plan was adopted in July 2014.
Policy EA(b) Pubs states the Council supports the retention of pubs that have a community role and will resist the change of use or demolition except where continued use as a pub is no longer economically viable.
In addition, evidence must be submitted to clearly demonstrate that reasonable attempts have been made to actively market the site as a pub for at least two years. This should include evidence of the appointment of a property consultant/estate agent to handle the marketing of the property and records of where and how the property has been marketed. Applicants should also carry out an assessment of the needs of the local community or community facilities to show that the pub is no longer needed and that alternative provision is available. Regard will be had to the Campaign for Real Ale (CAMRA) public house viability test.
Southwark Plan
The current Plan was adopted in Feb 2022 and sets out the strategy for regeneration until 2036.
Policy P42 Pubs states that pubs must be protected from development resulting in a change of use or loss of the pub. In exceptional circumstances, development proposals resulting in the loss of a pub will only be permitted where there is no market demand for the pub use. This needs to be demonstrated by a marketing exercise for two years, immediately prior to any planning application, for both its existing condition and as an opportunity for improved pub use at market rates.
Alterations leading to a loss of cellarage, other functional or ancillary space or changes to a pub that make it unviable will not be permitted.
Where a change of use is acceptable, development must retain the design, character and heritage value of the building where it makes a positive contribution to streetscape and local character.
The registration or nomination of a pub as an Asset of Community Value will be treated as a significant
material consideration.
Further Information
