Is your local pub an asset of Community Value (ACV) ?
The Sheffield Star (27th December) recently commented on the low number of Sheffield pubs which are officially an ‘Asset of Community Value.’ The Localism Act (2011) allowed communities in England to nominate valued facilities such as pubs as “assets of community value” (ACV). When pubs are listed this enables communities to “stop the clock” for up to six months if they are put up for sale in order to consider local options to save the pub.
In Sheffield, there have been only three applications to list a pub as an ACV. The Castle Inn at Bolsterstone was successfully listed in April 2014. The Sheffield City Council (SCC) evaluation document states: ‘This is a commercially viable pub business. However in addition it also facilitates community activities on a regular basis……. the evidence provided shows that the pub provides a number of community uses and that these community uses could legitimately be considered to contribute to its viability ……. it appears that the evidence provided demonstrates that this property’s actual and current use furthers the social wellbeing and interests of the local community and satisfies the statutory tests.’
However, applications to list the Queens Ground (Langsett Road) and the Old Cart and Horses (High Green) were both unsuccessful (August and September 2014). The main reasons seem to be a lack of ‘evidence to paint a picture of a cohesive section of the community centred around the Property’ (Queens Ground). The City Council documentation also mentions that, in each case, there are a number of other pubs available locally.
In contrast, two Derbyshire pubs in the Sheffield CAMRA Branch area have applied for, and are listed as, an ACV. The Angel (Spinkhill) is expected to reopen in the near future and the Anglers Rest (Bamford) is now a successfully-run community-owned local, including a cafe and Post Office.
It is difficult to extrapolate from only three applications. However, it seems that, perhaps, SCC is taking an unduly rigorous line regarding the interpretation of the evaluation criteria. We await, other ACV applications, with interest.
Sheffield City Council documentation: http://tinyurl.com/ls7qkww
CAMRA guide to listing a pub as an ACV: http://tinyurl.com/k4yvdna
– Dave Pickersgill, Sheffield CAMRA Pub Preservation Officer
From 6th April 2015 pubs that are listed as Assets of Community Value (England only) will require planning permission to be demolished or changed to any other use. In effect existing permitted development rights will be removed for pubs listed as ACVs for as long as the pub is on the local authorities list.
These landmark changes can be attributed to our continued campaign and to the thousands of CAMRA members who lobbied their MP to abolish permitted development rights for pubs.
In a second landmark decision a First Tier Tribunal concluded that the London Borough of Lewisham were correct to conclude that a local CAMRA branch is a valid nominating body. As such, local CAMRA branches can now nominate pubs to be listed as Assets of Community Value in their name.
The planning changes and the tribunal decision could see CAMRA’s role in the Community Right to Bid process increase substantially and as a result of these changes CAMRA may have an even greater say in the future of pubs in England.
The changes laid before Parliament on 12th March 2015 will come into force on 6th April 2015 and can summarised as follows-
• Pubs listed as ACVs will require planning permission to change their use or be demolished. This includes pubs already listed as ACVs.
• In addition to this planning permission will be required to change the use or demolish a pub from the point of nomination. CAMRA requested this to be included in the amendments and the Government obliged.
• Planning permission will be required for change of use and or demolition for the period that the pub is listed which is five years from the date of listing.
• As part of the changes, pub owners and developers will be required to ascertain whether pubs not on the asset list have actually been nominated. This must be done formally in writing.
• The local authority has 56 days to confirm whether the pub is listed or nominated. This means that the owner cannot change use or demolish a pub lawfully within the prescribed 56 day period.
As a result of these changes we urge members to nominate pubs to the relevant local authority. Please note that the nomination of a pub will prevent any immediate change of use or demolition.