CAMRA Issues Warning to Potential Developers Regarding Sale of Pubs

CAMRA has urged prospective buyers considering pubs for conversion to take care when reading sales listings, as some of the language used may not reflect the planning position.

Since 2017, any change of use of a pub in England requires planning permission, which means the decision on whether non-pub use is acceptable rests with the local planning authority rather than with sellers or developers.

In addition to that, the Government has recently updated the National Planning Policy Framework, which provides the overall rules that local authorities need to apply when deciding on planning applications.

This has strengthened the protections that already apply to pubs, so that an applicant wanting to convert a pub must demonstrate that there is no reasonable prospect that the building can remain a pub due to lack of community support or because the pub isn’t commercially viable.

To argue that a pub isn’t viable, evidence that reasonable steps have been taken to market the property for its existing use as a pub without success for at least 12 months is needed.

The pubs, all currently owned by Sam Smith’s, are listed for sale with Fleurets, and include statements in the listings that the sales are for ‘non-pub use only’.

Some are now marked as ‘sold subject to contract’, but CAMRA is warning potential developers that conversion could be impossible or highly costly, with the current listing arrangements running contrary to the new planning rules, meaning that local authorities will have to reject the applications.

CAMRA’s National Planning Adviser, Paul Ainsworth, wrote to Sam Smith’s last month, warning that the sales listings were not compatible with the new National Planning Policy Framework. To date, no response has been received.

Paul Ainsworth said: “Firstly, it is entirely shameful that Sam Smith’s, who claim to be a proud brewery with community focussed pubs, are resorting to these tactics. Secondly, we don’t see how this will possibly work with the new planning rules. Other pub operators need a fair shot at taking on these pubs first, or local people who want to explore community pub ownership.

“Unfortunately, as Sam Smith’s have not sent a response to my letter, we have now raised this directly with the listing agents and the Department for Housing, Communities and Local Government.”