British Beer & Pub Association launches judicial review over council guidance
The British Beer & Pub Association (BBPA) is to seek a judicial review over Cambridge City Council’s interim planning policy guidance on the protection of pubs.
The guidance, adopted by the local authority in October 2012, sets out how applicants should justify their proposals for change of use, conversion or redevelopment of pub sites.
It says 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 wouldnot 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.
Brigid Simmonds, BBPA chief executive, said: “We have decided to proceed with a judicial review. We haven’t taken this step lightly. We want to see thriving pubs, well used by local residents, but planning policies that are too restrictive can be detrimental to the pub trade as a whole.”
Patsy Dell, head of planning at Cambridge, said the council was reviewing the BBPA’s documentation, but would be defending the claim and instructing counsel.