For many people, a big attraction of owning or running a pub is the residential accommodation that often comes with it. Living above the shop is obviously convenient and helps to keep the premises secure. But what’s the position if the pub closes?

There’s a common misconception that the living quarters are a separate planning unit from the public areas of a pub. This is untrue. In planning terms, the residential use is ancillary to the main pub use (meaning secondary or subordinate) – therefore if the pub use ceases for any length of time, so does the entitlement to residential occupation of any part of the premises.

You might say that it’s better for a closed pub to be lived in because that means it will be better maintained and kept secure. However, allowing that to happen could well be the pub’s death knell. That’s because, should the unauthorised use go unchallenged for four years, the owners can apply for a Lawful Development Certificate. If they can prove uninterrupted occupation over the period then the planning authority is obliged to issue the certificate, which legitimises the residential use, and the pub use is lost.

In many cases, owners who carry on living in a pub they’ve closed have no intention of either reopening it or selling it – their aim is to achieve change of use to a house. Sometimes they’ll apply for planning permission, have that rejected, but stay put. Others are either under the misconception that they have a right to stay or know full well that they don’t but hope that the planners won’t take action.

It’s vitally important when these situations arise that the council’s planning enforcement team is notified and asked to take action. The council would need to give the occupants a reasonable period (say six months) to find themselves new accommodation, but it should be made clear to them that, unless they can obtain planning permission, enforcement action will be taken against them.

In my position as CAMRA’s national planning policy adviser, I deal with many of these cases. What’s alarming is the amount of ignorance on the part of enforcement officers, some of whom say they cannot take action even if they wanted to. Sending them copies of planning appeal decision letters where Inspectors have made the legal position crystal clear seems to have little impact. I am, though, continuing to vigorously pursue these cases and hopefully the message will eventually get through.

If you know of an instance of unauthorised residential use or would like any further help or guidance, contact me (pictured) at paul.ainsworth@camra.org.uk