Permitted Development from Pub to Retail with 2 flats

[trudy1973]

Hi,

Could any professional planner help me with a question we have about a pub we're trying to save from development. The owners used permitted development to change from A4 pub (that had ancillary accommodation) to A1 retail (I know the law has recently changed to disallow this but this was before the law change). However the upstairs is two individual flats. Shouldn't the use class be mixed use rather than A1 as it applies to the whole building.

Thanks to anyone who can help...

Trudy

 

[Nakajo]

You risk confusing professional help with the random musings of some internet troll (like me, for instance)

 

[^woody^]

I thought A4 to A1 was temporary for 2 years?

A1 with two flats is permitted.

A pub with ancillary accommodation (single planning unit) may not be able to change to a shop and two flats (three planning units)

Other than that I don't understand the issue. And more information is needed to make sense of the question.

 

[trudy1973]

Thanks Woody - I've read that a retail unit (A1) can convert to up to 2 flats within permitted development but in this case it was a pub with two flats upstairs (a4, pub with ancillary accommodation) that used permitted development to convert to A1 Retail. But can this A1 Retail use class include two flats that were already there? Or should they have applied for planning permission to make the building mixed use?

This issue is critical to us trying to save the pub, which was a successful business but the owners saw pound signs in development potential...

I hadn't heard anything about the temporary 2 year thing???

 

[Footsoldier888]

I don't know but you could ask your councillor this same question. Or can you ask the same question to the head of planning???

 

[^woody^]

Thanks Woody - I've read that a retail unit (A1) can convert to up to 2 flats within permitted development but in this case it was a pub with two flats upstairs (a4, pub with ancillary accommodation) that used permitted development to convert to A1 Retail. But can this A1 Retail use class include two flats that were already there? Or should they have applied for planning permission to make the building mixed use?

This issue is critical to us trying to save the pub, which was a successful business but the owners saw pound signs in development potential...

I hadn't heard anything about the temporary 2 year thing???

You would be better off getting a advice from a local planning consultant.

Its not perticularly complex, but it will turn on the facts and the usage, and the concept of planning units as opposed to just whole buildings may come into play.

And the past "what should have done's", may not influence the future "what can do's".

With regards to temporary PD for this type of use, IIRC it was a 2013 or 2015 PD which mentioned temporary transfers between use classes for two years, after which the use reverted to its previous class.