Wandsworth Council has announced that it will be making an article 4 direction to remove permitted development rights from 120 of its pubs and bars.
An article 4 direction removes permitted development rights (PD Rights). PD Rights, in effect, allow specified types of development without the need to obtain planning permission. Assuming that the article 4 direction is confirmed by the Department for Communities and Local Government, the development of drinking establishments will require planning permission.
The use of PD Rights by the owners of drinking establishments was severely curtailed in April 2015. The following PD Rights were withdrawn for drinking establishments that had been listed as an Asset of Community Value (ACV):
Even where a drinking establishment is not listed as an ACV, the owner cannot use PD Rights without first following a prescribed procedure.
Wandsworth Council does not feel that the ACV legislation does enough to safeguard the borough's pubs. This is why it is planning to make an article 4 direction.
The article 4 direction will not come into force for another year. Pub owners who want to take advantage of PD Rights should not delay.
Possibly. However, it is likely that a lot of councils will consider that drinking establishments already have adequate protection under the ACV legislation. If communities are worried about the future of their local pubs, they can already apply to have them listed as ACVs.
Contributor: Alexandra Holsgrove Jones
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