The Lord Nelson public house

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.