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Harringay, Haringey - So Good they Spelt it Twice!

This shopfront pub had long lay dormant and closed. A planning application dated from May 2019 for the above is still shown as pending. This retains the use of the ground floor & basement as a pub but includes the extension and conversion of the premise's upper floors to 8 residential units: HGY/2019/1417

As this included the proviso that the pub would be retained for A4 use, there was no strong local objection. However, in August 2020, refurbishment work began on the premises and it suddenly opened as The Nivan Restaurant, a Turkish kebab house with seating: Nivan Restaurant

I was curious as to the planning application process here. Prior to May 2017, communities could apply to have a pub listed as an Asset of Community Value (ACV) if a developer threatened to change the use of a pub - this gave a 6 month moratorium whilst the community had a chance to respond to the proposals (e.g. The Antwerp Arms N17 & The Prince N22). However, this requirement is now statutory so wondered what consultation regarding change of use, if any, took place, and pressed local councillors and the planning department for answers. 

"...I would draw your attention to Government legislation (Neighbourhood Planning Act 2017) effective from 23/05/17 that removed "Permitted Development Rights" from public houses and placed them within local authority planning control. Consequently, there is now a statutory requirement for a developer to apply for planning permission for any proposal to change the function of a pub (whether nominated/listed as an ACV or not) to a shop, restaurant/café, school, temporary flexible use or to demolish it. Please can you provide details of the planning application made under this legislation to change the function of The Nelson public house to a restaurant (which is now open and trading). I look forward to your response, and thank you in anticipation of your cooperation

Eventually the planning dept replied:

"The Officers visited the site and observed that there had been a change of use from a pub to a restaurant.As the unauthorised use commenced prior to 1 September 2020, the applicable legislation at the time was (General Permitted Development Order amendment May 2017) which allows A4 pubs to be used as “drinking establishments with expanded food provision”, but they must retain a bar / serve alcohol. This was not evident at the Lord Nelson. If they had retained a bar element within the restaurant, there would have been no breach and consequently no need for a planning application. In this case the owner’s solicitor has advised that they will be making a planning application to seek to regularise the use imminently. We will allow an opportunity for the application to be made and for their proposal to be consulted upon and assessed.” 

I was never a huge fan of The Nelson pub but that was down to its poor unimaginative management being tied to the dire Greene King chain. The Prince N22 & The Antwerp Arms N17 have both demonstrated that formerly rundown pubs can be turned into thriving community assets. I suspected that retroactive planning approval would be granted to save the Council any possible cost of litigation - the kind of consistent avoidance of coherent planning responsibility by Haringey Council that has seen Wood Green blighted by a preponderance of fried chicken shops, kebab houses, bookies, charity & pound shops, and a general decline of the area as a shopping centre. 

So here are the New Planning Applications:   

Change of use from pub to restaurant; HGY/2020/2853 

Prior approval for change of use from pub: HGY/2020/2852 - The title of this Application (PRIOR NOTIFICATION ON CHANGE OF USE) is grossly misleading. There was no prior notification whatsoever.  

I have strongly objected to these applications on two grounds. Firstly, Pubs lost don't return. Since 2000, the Office of National Statistics reports that a quarter of pubs have closed in the UK, totalling more than 13,000 locations. Four out of five people have seen a pub close down within five miles of their home – five within a kilometre of my home (The Fishmongers Arms, The Alexandra, The Nightingale, The Jolly Anglers and now The Lord Nelson). These losses are only going to increase with the economic impact of COVID-19 and the predatory advances of property developers prioritising private profit over local community needs.

Secondly, the wider issue here is that this type of abuse of due process exemplifies the consistent failure of planning responsibility and lack of effective enforcement of regulations by Haringey Council over the last two decades, and this continuing abrogation of responsibility will only be further reinforced if the application is granted.

North London CAMRA will also raise objections. For or against, please comment on these proposals via the 'Comment on Application' tab on each. The Consultation Period ends on 07/12/20. Many Thanks.

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Well done for picking this up, Richard. This is exactly how we lost the Queen's Head

Thanks Hugh. I'm also on the case with another local pub that has suffered a similar apparently unauthorised fate, namely - The Duke of Edinburgh at 83 Mayes Road, Wood Green N22 6TN. This is now operating as a Lebanese restaurant - Areca Restaurant . There is no planning app for its change of use visible on t'Council website, past or present. I've made a formal complaint to HC asking them to either publish the planning apps or investigate further if they don't exist. CAMRA are also aware and will be making their own enquiries.

Cock-up or Conspiracy? Haringey Council have now issued The Nivan a food hygiene certificate!

Fait Accompli

The Stout Yeomanry of CAMRA enter the fray!

"CAMRA North London branch have been alerted to an unauthorised conversion of The Lord Nelson public house to a Turkish kebab restaurant, Nivan sometime in August 2020. A planning application (HGY/2019/1417) dated from May 2019 is still pending on your website, which our branch objected to - this is for the ground floor & basement to be retained as a pub, with an extension and conversion of the upper floors of the pub to 8 flats. It should be noted that Haringey Council granted a food hygiene rating of 5 on 27th October for an unauthorised premises! We request that the Council’s Planning Officer should bring an enforcement case against the owner. We also note that another planning application has been lodged by the owner for conversion of the pub to a restaurant (HGY/2020/2853). The application is inaccurate, in that it mentions that the premises 'used to be a pub' and should not even be considered until the enforcement investigation has concluded. We request that the Enforcement Officer insist that the pub's sign be preserved, as it is visible in the photos from the restaurant's website. Many pubs in the area have disappeared, so the pubs that remain should be preserved."

Positive news, I hope the council do their job, thanks for the update.  A little bit out of my way to be a local for me, but would be more than happy to travel there if it comes back to life ala The Prince or my favourite Great Northern Railway Tavern.

Cocky or wot? They have replaced the pub sign with their own!

On the off chance that this is of interest / relevant to the change of use you describe:

On 1 September 2020, the A4 use class of pubs changed to Sui Generis

Comments close on Monday 7th December 2020

Victory for The Nelson - both planning apps have been refused! Thanks to everyone who chipped in!

Glad to hear there’s been some learning since they did for the 200+ year old Queen’s Head

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