Pubs (Planning Policy)

John Pugh Excerpts

Wednesday 16th February 2011 Westminster Hall

[Greg Mulholland]

I thank my hon. Friend and neighbour for that point. I was coming on to that exact case. To some extent he is right, but the unfortunate reality is that councils can, as things stand, adopt pro-pub planning policies. The scandal of that case is that Leeds city council did not even seem to realise that it could and should have adopted such a policy.

[John Pugh (Southport) (LD)]

Is it not the case that under the sustainable communities legislation passed in the previous Parliament, there are opportunities and levers that are currently not being used?

[Greg Mulholland]

That is the case, yes, but there is another issue that relates to The Summercross pub in my constituency. I had a phone call from a legal officer at Leeds city council who said to me, “What is this Sustainable Communities Act and what relevance does it have to pubs?” Clearly, there is a large job to do in communicating with councils. Some councils are good—I will mention them in a minute—but some do not appreciate what is already there at the moment that could make a difference. Existing legislation does not go far enough, but if the guidance were clearer, it could make a difference.

Let me briefly relate the sad story of The Summercross pub, because it is a classic example of the problem here. The Summercross was one of my local pubs in Otley. It had been a pub since 1871 and it was the only pub of that name in the UK, so it represented a little bit of British history. It had gone through the usual story of changes of ownership and successive tenants. Every time the pub did well, the rent went up. Rather ominously, it was bought by a London-based developer, but the tenant who came in did a very good job of turning around the pub and making it successful and profitable again. It attracted the customers back by serving excellent local independent beer. However, a deal was struck over his head, initially without his and his wife’s knowledge, to sell the pub to a Leeds-based developer for a very large profit—something like £1 million for that one sale. The London-based developer, Phase 7 Properties, had bought the pub as a predatory purchase, seeing it as a potential development opportunity because of the weakness in planning law. Scandalously, the landlord and landlady were give a few weeks to clear out of The Summercross, which was their home as well as a small business, a community pub and a popular live music venue.

A campaign was launched to try to save The Summercross. However, the London-based developers, who went off with £1 million in their pockets after owning the pub for just two years, said, “Sorry guv, nothing to do with us any more. You’ve got to speak to Chartford Homes in Leeds.” Then Chartford Homes said, “Well, it’s nothing to do with us, because we didn’t close the pub, but actually now we want to build houses on it.”

Then a battle ensued. The community conducted a vigorous and well run campaign, and they managed to fight off the first planning application. They obtained figures to show that the pub was profitable and viable, and so the first application was kicked out. However Chartford Homes was cunning and, frankly, it had an awful lot of money—£1 million more than was clearly sensible—tied up in the pub. So it transferred the ownership, or at least proposed at that stage that the pub be taken over by a company called Westwood Care, its sister company with shared directors. Westwood Care then came back with the wonderful, cuddly proposal to turn this historic building into a care home.

Sadly, that proposal went to the plans panel of Leeds city council. What happened next fits exactly with what my hon. Friend the Member for Pudsey (Stuart Andrew) has talked about. The members of the plans panel in Leeds felt that they could not refuse that application in planning law. I am afraid that the main reason was that Leeds city council has no policies in place that recognise the importance of pubs, so it is Leeds city council’s fault that The Summercross closed.

The actions of Leeds city council can be compared with those of Bradford city council. Just up the road from Otley is Ben Rhydding, a suburb of Ilkley. Bradford city council stood by the community there and was prepared to take on the owner of the Wheatley, the local pub—in that case, it was Punch Taverns. The council won and the Wheatley is now a popular and thriving pub again. But Leeds city council is frankly clueless when it comes to the protection of pubs and planning policy, and it needs to address that failing.

It was incredibly frustrating during the planning process to hear the chair of that plans panel whispering to officers, “Pub viability is not a planning consideration, is it? We can’t consider that.” The chair also said, “The only planning protection policies that exist are to do with rural villages, aren’t they?” Both those statements are incorrect and both were made in what is supposed to be a quasi-legal setting.

Pub campaigners and other members of the local community in Otley saw planning officers present the developers’ own proposal. It was a PowerPoint presentation from the developers. The word that local people used when they saw that presentation was, “Corruption.” They said, “Surely this can’t be right? It’s corruption.” I said, “No, it isn’t corruption. There is no corruption there.” However, it is the farcical reality of the planning process, which means that a set of planning officers can present exactly what the developer wants to do and make some comments on it. And what does the community get? They get three minutes to make a few comments. I am afraid that the decision to close The Summercross ignored the reality that it was a profitable pub. The figures to that effect were presented. Instead, the members of the plans panel said, “There’s nothing we can do in planning law to stop that.” I am afraid that that sort of thing is happening up and down the country.

I want to issue a challenge to my hon. Friend the Minister today. I appreciate that this is a difficult issue in planning law. However, we all agree that there is some moral ownership of a local pub by the local community. Surely, if we believe in everything that we say, there must be such moral ownership. As my hon. Friend the Member for Selby and Ainsty has said, the community must have a right to have a say over the future of its local pub, especially when the pub is successful and, as in the case of The Summercross, other companies are knocking on the door and phoning me to say that they want to take on the pub but are unable to do so because of the grubby deals that have gone on between two developers behind the backs of the landlord and the local community.

The London-based developers, Phase 7 Properties Ltd, owned The Summercross and allowed a tenant to run it for two years. I do not think that it ever visited the pub themselves, which it had an agent to run. Does it have the complete right, as the legal owner of the building, to do what it wants over the heads of the community that, as I have said, must have some moral ownership? I say that it does not have that right. That situation must be recognised, in a realistic way, in the planning process.