Brandon Lewis
Main Page: Brandon Lewis (Conservative - Great Yarmouth)
The Parliamentary Under-Secretary of State for Communities and Local Government (Brandon Lewis)
I begin by congratulating my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) on securing this important debate. It is important to the people of Mottingham and the Porcupine pub, but it also gives us a chance—as we have heard from the hon. Member for Leeds North West (Greg Mulholland), the chairman of the all-party parliamentary save the pub group and from the hon. Member for Eltham (Clive Efford), the member for the Dutch House—to outline some of the rules affecting pubs and their acquisition by some of the companies mentioned.
My hon. Friend the Member for Bromley and Chislehurst is aware that on 29 April, Lidl UK submitted a part 31 notification to the London borough of Bromley council of its intention to demolish the Porcupine pub. I know that my hon. Friend has expressed his concerns directly to the council about the implications of the notification, so that his views and those of his constituents can rightly be taken into account when the council considers the case, which it has to do before 28 May. I also know that local residents recently submitted, as my hon. Friend has said, a request to the council for an article 4 direction for the removal of permitted development rights for both demolition and change of use on the site, which I am advised is still being considered by the council. The council will need to notify the Secretary of State if and when a direction has been drafted.
As my hon. Friend has outlined, the Porcupine pub ceased trading in March and the site was sold to Lidl UK at around the same time. It is still the case that no formal planning application has been submitted to the council regarding the proposals. I know that my hon. Friend knows from his time in the Department for Communities and Local Government that it would be inappropriate for me to comment on the merits or otherwise of the notification or the proposed article 4 direction, or indeed on the possible success or otherwise of any planning application for the erection of a retail unit on the site, as I would not wish to prejudice the Secretary of State’s position, should any of these matters come before him. I nevertheless note one of my hon. Friend’s closing comments about the value of guidelines for councils’ use of article 4 directions, which might provide councillors with greater knowledge.
When I visited the Porcupine with my hon. Friend, councillors asked me about the article 4 direction and about the compensation issue. I think that we need to look into just how guarded council officers are being about the advice that they are giving members about the risk of compensation. We need to ensure that there is a proper understanding of the risk and that it is not overstated, so that councils do not overestimate it and fail to take an opportunity that could be used in many cases to protect pubs under article 4.
I know that my hon. Friend is well versed in the planning system, to which he has referred in detail this evening. However, for the record, I will explain the position relating to, in particular, part 31 notifications and article 4.
The demolition of most buildings is permitted development, which means that specific planning permission is not required. However, that is subject to a requirement to notify the local planning authority concerned through a part 31 notification, so it can decide whether to prescribe the method of demolition and restoration of the site. That often gives a community a brief opportunity to become aware of an issue and do something about it, as has happened in the case of the Porcupine.
As for article 4 directions under the Town and Country Planning (General Permitted Development) Order 1995, public houses and shops are classed as separate uses under the Town and Country Planning (Use Classes) Order 1987. That recognises the different land use impacts of their particular uses, and would ordinarily mean that planning permission would be required to change from one class to another. When issues arise, however, local authorities, working with their communities, can restrict the use of permitted development rights by means of an article 4 direction, and, as my hon. Friend said, that is being considered in this case.
As soon as the direction has been drafted, notice is served locally for 21 days, and the Secretary of State is notified at the same time. Having considered the local consultation responses, the local authority then considers whether to confirm the direction. It can do that by serving a further notice locally and notifying the Secretary of State.
There have been calls in the House recently for the removal of permitted development rights that allow pubs to convert to other uses at a national level. The hon. Member for Leeds North West, representing the save the pub group, has spoken about that on a number of occasions. However, the Government are clear about the fact that localism should be at the heart of planning. We need to avoid any disproportionate restrictions on change of use that might result in more empty buildings, spoiling the local environment and holding back economic development. However, that does not prevent us from doing what we can to protect our community pubs.
As my hon. Friend said, we should encourage communities to ensure that their locals are listed as community assets. CAMRA is running a fantastic campaign, and I urge Members to look at its website, which gives clear and simple directions about how to list a pub. It is good to hear that the people of Mottingham are adopting that route while there is still a building to protect. I sensed the public feeling there the other day, when at least 200 of them turned out. Listing a pub is a simple process. It is necessary to be on the electoral roll, but I noted my hon. Friend’s comments on that requirement, and I will look into it. Only 21 people in the area need to propose the listing, and I encourage people to do it.
Greg Mulholland
I thank the Minister for listening to what has been said about this issue. However, he is now a CAMRA member—I am delighted about that—and he knows that CAMRA does not agree with him and believes that we need more protection. It is great that he visited the pub, but, having heard the case, does he honestly think that it is in the interests of localism or pubs to retain a national planning framework that allows the conversion of wanted, full, busy, profitable pubs to branches of McDonald’s, supermarkets or flats without the community’s having a say? That is not in the interests of localism. It is undermining what the Minister and I both believe in.
Brandon Lewis
I was about to say something about that. There is sometimes a gap when a company buys a property that was not already listed and does not need to demolish it. The first a resident may know about it is when the boarding goes up advertising whichever company that happens to be. That may be the first indication that Enterprise Inns, or whoever, has sold it off.
As I have said, we do not intend to change planning laws per se, but we do need to ensure that whatever we do is proportionate. The listing of a community asset is a simple, light-touch, but effective way of protecting a pub. However, I accept that there may be an opportunity to take that a step further in order to prevent circumstances in which a resident does not know that a property has been sold or has become a Tesco, a Lidl or a McDonald’s until the store opens or the boarding goes up. I am prepared to look at that, but I must make it clear that, as I have outlined, we are not going to make any substantive changes to change of use and general planning that are disproportionate.
I want to stress again that communities that value their pubs should do what they can to have them listed. The Government have done a great deal to help to protect pubs through our work on planning, under the national planning framework, and through providing the ability to list a pub as a community asset. That has had a great impact. We have also helped to protect pubs by developing the Plunkett Foundation so our communities can buy pubs, and we have put funding into Pub is the Hub. There is also the Chancellor’s fantastic move to cut the beer duty escalator and beer duty itself.
In conclusion, I am not in a position to comment on the specific case of the Porcupine pub, although I congratulate my hon. Friend the Member for Bromley and Chislehurst on the fantastic work he is doing in highlighting what is happening and on the action he has taken. I cannot go any further at present without being prejudicial to the Secretary of State’s quasi-judicial role in the planning system, so I will leave it there, and wish my hon. Friend and the residents of Mottingham well in their endeavours.
Question put and agreed to.