Hamna Wakaf Limited, a property developer registered in the Isle of Man, obtained planning permission in May 2021 for (relevantly) an extension to the pub on the ground floor and the conversion of the first and second floors into residential accommodation. Whilst that application was ostensibly to “make the pub a more viable business” (DL/41), Hamna Wakaf replaced the pub use on the ground floor with flats. This led to the loss of the pub without planning permission. 

The London Borough of Southwark served an enforcement notice in May 2023, which the Inspector essentially upheld. The central policies were Policy P42 of the Southwark Plan and Policy HC7 of the London Plan, both of which (broadly speaking) guard against the loss of pubs unless it can be shown through two years’ marketing evidence that the loss is justified. 

The Inspector, after a three day Inquiry, considered that whilst Hamna Wakaf Limited had marketed the pub through two leading agents, the marketing evidence was inadequate and insufficiently particularised. In particular, the ground floor bar had been taken out in January 2022 but this did not appear to have been reflected in the marketing efforts (and, indeed, one agent appeared, seven months later, to not be aware that the bar had been removed) (DL/46). 

The Inspector also disagreed with Hamna Wakaf’s claim that the pub did not have social, community or economic value and was not therefore protected by Policy HC7. He considered the evidence put forward by the Rule 6 Party (represented by Gabriel Nelson), and accepted that it “served a broad spectrum of local residents” and “made a positive contribution to the local community as a whole” (DL/28). 

The inspector finally considered that the relevant period of two years for the marketing evidence should be the date the planning application was made. For an appeal against an enforcement notice, that will be when the appeal is made (DL/48). This may be of interest to other cases that turn on SP P42 and LP HC7. 

Michael Rhimes represented the London Borough of Southwark.

Gabriel Nelson represented the Rule 6 Party, The China Hall Community Group.