Agenda item

This report relates to a request from the York Branch of CAMRA that the Council make a make an immediate Article 4 Direction of the Town and Country Planning (General Permitted Development) Order 1995 to remove permitted development rights for the change of use of The Punch Bowl public house, Lowther Street, York from its existing use as a public house (Class A4) to a shop (Class A1).

Resolved:   (i)     That, as a matter of urgency, the Director of City and Environmental Services and the Director of Customer and Business Support Services be requested to further investigate options in relation to the request for action to preserve the Punch Bowl public house, Lowther Street, York as a public house;

(ii)    That the Cabinet Members for Environmental Services, Planning and Sustainability and Finance and Performance, each be asked to consider the options identified by the Directors under (i) above and, if satisfied that action is justified, to take such action under his delegated powers.

(iii)   To confirm the delegation of powers to the Cabinet Member for Environmental Services, Planning and Sustainability to make an Article 4 direction to remove permitted development rights for the change of use of The Punch Bowl public house, Lowther Street, York from its existing use as a public house (Class A4) to a shop (Class A1) if satisfied that sufficient evidence exists to justify the making of such a Direction.

(iv)    That Officers be requested to bring a report back to a future Cabinet meeting outlining a long term strategy to assist with similar future requests.

Reason:        In order to allow further work to evidence if exceptional circumstances exist to show that a change of use would harm the amenity or the proper planning of the area, and whether there is a need to remove permitted development rights for the change of use of The Punch Bowl public house, Lowther Street, York from its existing use as a public house (Class A4) to a shop (Class A1) by the making of an Article 4 Direction.

Members considered a report which related to a request from the York branch of CAMRA for the Council to make an immediate Article 4 Direction under the Town and Country Planning (General Permitted Development) Order 1995 to remove the permitted development rights for the change of use of the Punch Bowl public house, Lowther Street, York from its existing use as a public house to a shop.

Officers provided the following update to the report, circulated at the meeting:

·        Amendment to the reasons given for recommending that an Article 4 Direction was not placed, references at paragraphs 1.2 and 9.1 – Deletion of points 2 and 7

·        Replacement of reference to the urban area in point 5 by reference to the local area

·        Further to paragraph 2.2, Members received a copy of a petition containing over 1200, collected by patrons of the public house, submitted by CAMRA

The request for an Article 4 Direction had been made as CAMRA understood that the Punch Bowl was the subject of discussions between the owners and a national retailer for a change of use to a supermarket, selling alcohol. CAMRA considered that this course of action would be the most appropriate way to protect the public house.

Cabinet had however been recommended, by Officers, not to use their discretionary power to make an immediate Article 4 Direction restricting the change of use from Class A4 to Class A1. The main reasons being that the case could set a precedent, that exceptional circumstances had not been proven and as the making of an ‘immediate’ Direction would open up the possibility of a compensation claim being made against the Council.

Members were given the option of agreeing an immediate Article 4 Direction or rejecting the request, either of which required reasons to be given.

The Cabinet Member confirmed that the authority were committed to saving community public houses and he provided examples of those protected under The Assets of Community Value (England) Regulations 2012.

Members expressed their sympathy with local residents and  patrons of the public house, confirming their wish to assist the community to obtain their desired outcome but using the most appropriate route. However they highlighted the issue of compensation which could be made, without the required evidence base to support it, and asked Officers to examine the most appropriate way in which to support their request.

Following further lengthy discussion it was

Resolved:   (i)     That, as a matter of urgency, the Director of City and Environmental Services and the Director of Customer and Business Support Services be requested to further investigate options in relation to the request for action to preserve the Punch Bowl public house, Lowther Street, York as a public house;

(ii)    That the Cabinet Members for Environmental Services, Planning and Sustainability and Finance and Performance, each be asked to consider the options identified by the Directors under (i) above and, if satisfied that action is justified, to take such action under his delegated powers. ^1.

(iii)   To confirm the delegation of powers to the Cabinet Member for Environmental Services, Planning and Sustainability to make an Article 4 direction to remove permitted development rights for the change of use of The Punch Bowl public house, Lowther Street, York from its existing use as a public house (Class A4) to a shop (Class A1) if satisfied that sufficient evidence exists to justify the making of such a Direction. ^2.

(iv)    That Officers be requested to bring a report back to a future Cabinet meeting outlining a long term strategy to assist with similar future requests. ^3.

Reason:        In order to allow further work to evidence if exceptional circumstances exist to show that a change of use would harm the amenity or the proper planning of the area, and whether there is a need to remove permitted development rights for the change of use of The Punch Bowl public house, Lowther Street, York from its existing use as a public house (Class A4) to a shop (Class A1) by the making of an Article 4 Direction.