SAVE OUR VILLAGE PUB!

© Save the Cabinet Action Group 2018

Lorem Ipsum Dolor
Photo courtesy of Clive Porter
Developer has 6 months to appeal  After the heady days of summer when we were celebrating refusal of permission for change of use - a key milestone in getting our pub back - we now have to wait for the developer at The Cabinet to decide whether to appeal.  He has no less than 6 months from notification of the decision to lodge an appeal - so it could be as late as January before we know the position.  The planning authority, North Herts District Council, have said they will wait for any appeal before making a decision on the two applications for retrospective listed building consent.  If there is an appeal the Campaign will naturally resist it, but we will need professional advice and representation.    Appeals in cases like this usually involve a hearing which is open to the public.   They are heard by a planning inspector who is independent of the local planning authority and will look at the case as from the beginning.  The Action Group will make a compelling case for the refusal of retrospective planning permission and listed building consent, and we are confident of a fair hearing by the planning inspector.  Meanwhile we are in contact with potential private buyers and others who are ready to move to acquire The Cabinet at a fair price and put it back into pub use, assuming the various consents are refused - or once the developer realises that by persisting with his application he is throwing good money after bad. New application for listed building consent  A matter of days before the planning committee meeting on 20 July, the developer submitted an additional retrospective listed building application.  It relates to “retention” (a word which means the work has already been done without the permission required) of vaulted ceilings o n the first floor and above the “games room”.  The latter is better known to Cabinet supporters as the beer cellar.    The Action Group takes the view that following refusal of planning permission for change of use, anything inconsistent with the future of The Cabinet as a pub should be automatically refused.  No reason for the application being retrospective has been given by the applicant.  What’s more, the  application remains incomplete, given that the building’s heritage is as a pub.  The bar has been  removed, as well as the kitchen and WCs.  The latter may have no heritage value in themselves, but affect the building’s status as a pub.  No reference has been made in the application to lifting the tiled floor.  The original listed building application was linked directly to the application for change of use.  Given refusal by the Council of planning permission for change of use, it is surprising that the accompanying listed building application did not effectively lapse.  As matters stand it remains to be determined.  A written objection has now been submitted on behalf of the Action Group.  The decision on 20 July of North Herts Councillors to refuse planning permission for change of use was great news, and the campaign to save The Cabinet negotiated its first major hurdle.  But nobody should assume that’s the end of the battle.  There’s a long way to go yet before Reed’s pub could reopen.  The developer has the right of appeal, and we confidently expect him to exercise it.  He has 6 months to decide whether to appeal.  If he does, it is likely to be some further months before an appeal is determined.  An appeal can be decided on paper, but in a contentious case like this it is more likely to be taken as a hearing, to which the public is admitted.  Interest groups, such as the Save the Cabinet Action Group, can ask to be heard, and it is normal for such requests to be granted.  The Action Group is advised by Dale Ingram, an experienced planning and heritage consultant with an excellent track record in this area.  Dale will represent us at any such hearing.   We have also been assisted by Anthony Miller, a charted surveyor with particular expertise in the licensed leisure sector.  If the appeal is refused, the developer would be unable to sell The Cabinet as a house.  We would hope, at that point, that he would accept that the game was up and market the property.    In any event, we would expect the planning authority, North Hertfordshire District Council, to take firm enforcement action at that point. Photo courtesy of Clive Porter

Reed Parish Council to consult on whether to

borrow to buy The Cabinet

Reed Parish Council has decided to hold a public meeting to gauge views on whether, in principle, it should borrow money to buy The Cabinet, as an additional option to save it as a pub.  The meeting will take place on Wednesday 29 November at 8pm at Reed Village Hall.  This is a welcome initiative and we encourage supporters to attend. All this presupposes a successful outcome to the planning case - see above and below - but if villagers support the idea, the Parish Council could apply for permission, or “borrowing approval”, from the Department for Communities and Local Government (DCLG) to borrow money from a government body known as the Public Works Loan Board.  Such a loan would be at fixed, low interest rates and over an extended period. A number of parish councils countrywide have taken this step in order to preserve their local pubs.  Were the Parish Council to buy the building, it would expect to recruit a tenant to run the pub and look after it on a day- to-day basis.  The expectation is that rental paid by the tenant would exceed the monthly repayments and generate a modest profit. Purchase by the Parish Council is only one of three possible routes towards saving the pub.  The first route would be purchase by a private buyer - and the Save the Cabinet Action Group has been in discussions with one interested party who is passionate about the pub and very keen for it to reopen. A second route would be purchase by a group of individuals, perhaps in the form of a co-operative. It makes sense, from the perspective of the Action Group, to keep all options open, so the move by the Parish Council potentially to open up this third route is a welcome one. The Public Works Loan Board is a government department which manages money on behalf of HM Treasury.  Local authorities, including parish councils, can borrow money for specific purposes - but only if they have “borrowing approval” from DCLG. 
Obtaining such approval is no formality.  Councils have to demonstrate a business plan for repaying the loan, and support of their electors for taking it out in the first place.  But once approval is given, councils can obtain the money quickly when it is needed. Nothing would prevent a parish council which acquired a pub in this manner selling it, for example to a tenant or manager, and paying off the loan early, should that be judged the right course at some future stage. An example of a pub purchased for the community in this way is the Beauchamp Arms in Dymock, Gloucs, which has just celebrated its 20th anniversary as a community pub. Another example is the Dolphin at Bishampton.  Read about the approach in that local parish here.  Read more about The Dolphin here and do not believe their website, to which current management do not have access. You can also read about Government encouragement to parish councils to act to save struggling pubs and shops. Read Pub is the Hub’s description of purchase by a parish council with a Public Works Loan.  It’s taken from their more comprehensive guide to community ownership of pubs, which you can read here. Detailed guidance on borrowing by parish councils is here.

Update

A lively and detailed discussion took place at the well- attended meeting on 29 November, and various important questions were considered about the principle of applying for borrowing approval, and the practical consequences should the matter of a loan be followed through.  A show of hands showed overwhelming support among those at the meeting for the Parish Council seeking approval. In the light of the discussions Reed Parish Council initiated a written village survey giving all residents the opportunity to say whether they approved of the idea of the Parish Council borrowing money to purchase The Cabinet. 
Action group members interviewed by Le Monde Three members of the Save The Cabinet Action Group were recently interviewed by the London correspondent of the Paris-based Le Monde, for a feature on the challenges faced by the British pub.  Philippe Bernard visited Reed and the interview took place in the Sword in Hand at Westmill.    We are keeping an eye open for the article, but it’s great that our campaign is gaining an international profile.

Village survey demonstrates large majority in

support of loan proposal

Following the public meeting in November on whether they should apply for borrowing authority from the Department for Communities, Housing and Local Government, the first step in taking out a loan to buy the pub, Reed Parish Council conducted a village survey asking Reed residents whether they supported the idea. In results announced at the start of February, 82% of those surveyed approved of the idea with 10% against and 8% undecided.  The return rate for the survey was 91%.  Commenting on the result, Mike Howes, Chair of the Save the Cabinet Action Group, said: “We welcomed Reed Parish Council’s initiative to see if there is public support for buying
the pub on behalf of the community and are delighted by the strong show of support for the idea.  We know of interest from a potential private buyer and a local consortium, but this would provide a new option for reopening The Cabinet as a pub.“ In practice, the Parish Council would only contemplate taking out a loan if The Cabinet came on the market and there was no alternative way of saving it as a pub.  And before any of that happens, we need to resist the developer’s appeal against refusal of planning permission for change of use.
Appeal against planning refusal lodged We have just (17 Nov) learned that the developer who owns The Cabinet has lodged his appeal against refusal of planning permission for change of use.  The fact that he has appealed comes as no surprise.  The appeal now needs to be formally validated by the Planning Inspectorate, a process which can take up to 10 weeks.    No timetable for the appeal has yet been published, but any hearing is likely to take place in the spring, possibly later.  Once we and our experts have the documents, work can start on making a strong case for resisting it.   But we need to raise money quickly to enable us to resist the appeal in the most thorough and professional way we can.  We will be launching a new fundraising campaign in the new year.

Campaign launches petition to ensure an open and

transparent appeal

The Save the Cabinet Action group has launched a petition to the Planning Inspectorate to make sure that the developer’s appeal is heard by way of a hearing or an inquiry, and not just on the papers. The Planning Inspectorate is the body, independent of North Herts District Council, which hears appeals on planning decisions.  Appeals can be dealt with by way of a written procedure, by way of a hearing (at which all parties can be represented) or an inquiry (a more formal procedure, in the course of which evidence is given on oath and the parties are often represented by lawyers). The Action Group takes the view that the level of local interest in the case of The Cabinet, the disputed evidence submitted to the Planning Committee, and the approach taken by planning officers (including a report described by
the Chair of the Action group as “shockingly biased”) makes a hearing or an inquiry essential.  The petition argues that this case is an important test of the planning system – not only in relation to how it protects community assets such as pubs, but also as to how it deals with unscrupulous developers who deliberately ignore the requirements of planning law in the hope of maximising their profit.  It is essential that the appeal is dealt with transparently and openly, with a proper opportunity for interested parties to make representations and for the Planning Inspector to examine all the evidence in detail. The Action Group is asking all supporters to sign the petition.  It’s accessible from this page, or you can click here.
Developer’s appeal goes live The developer who owns The Cabinet lodged his appeal against refusal of planning permission for change of use some months ago.  After a lengthy period of “validation” the appeal is now live.  We expect anyone who submitted written representations to receive formal notification of the appeal from North Hertfordshire District Council within days, and to have the opportunity to make representations in response to the appeal. The first step will be to persuade the Planning Inspectorate to hold a hearing or an inquiry, rather than to deal with the matter on paper.  Appeals usually start as “written procedure”, but can be made into an hearing if there is sufficient public interest or if the evidence in the case is complex - as is the case here.  Our petition to the Planning Inspectorate has now been submitted (though you can still sign it in case additional weight is needed later).    It’s important that supporters make representations too.  Advice as to how to do so is on this page.

How to make

representations to the

Planning Inspectorate

Anyone can make representations in a planning appeal, whether or not they did so at the time of the original application.  The decision to upgrade the appeal to a Public Inquiry has meant that the Planning Inspectorate will restart the clock.  The deadline for comments is now 14 June.  We still need supporters to write in - and, if you already have done, rest assured that your comments will remain on the file for the Inspector to see.  A new deadline will be announced in due course. If you have not yet written to the Planning Inspectorate, please do.  Doing so online is easy.  The appeal can be found here.  Click on “Make representations” and follow the instructions.  The original application, which now includes the developer’s statement of appeal, is on the North Herts web site here. We wouldn’t presume to tell you what to say, but you might bear in mind that the appeal in principally based on the idea that The Cabinet, a popular and thriving pub for at least 200 years, is no longer viable.  The Community has obtained expert evidence demonstrating that the Cabinet could return to viable use as a pub.  Meanwhile, its permanent loss would lead to the loss of economic opportunities especially for young people and lead to greater social isolation, especially for older people. If you need help with your representations, don’t hesitate to contact us.

Public Inquiry into Cabinet planning decision

The day after the Planning Inspectorate announced it had upgraded the appeal in the case of The Cabinet to a hearing, we learned that they have upgraded it still further.  It will now take the form of a Public Inquiry - the most formal and thorough procedure for dealing with planning appeals.   Initially we had been informed that the appeal would be dealt with via the “written procedure”.  We can now look forward to the evidence in the case being examined in detail during a court-like procedure involving evidence on oath and lawyers on all sides.  The decision demonstrates the importance and significance attached to the case. The Action Group welcomes this.  It would have been a travesty if a case which had attracted so much interest had been dealt with behind closed doors.  The intervention of Sir Oliver Heald MP (who wrote to the Planning Inspectorate), the Action Group’s recent petition (which attracted over 1400 signatures online and in hard copy), the large volume of written objections and the strength of feeling expressed in the debate in the Council last July will all have contributed to this outcome. No date has yet been fixed for the Inquiry.  However we have now learned that the Planning Inspectorate will re- start the timetable for the appeal - so there will be a
further opportunity to submit comments and a new set of deadlines.  Our current thinking is that the Inquiry itself will take place in the autumn.  It’s important to remember that this is just a small step on the road to rescuing our lovely old pub.  The focus now needs to turn to the substance of the appeal itself, and making sure we achieve the right result..  We also need to raise several thousand pounds urgently in order to meet the costs - including legal costs - of resisting the appeal effectively.  If you can spare a few pounds, now would be a good time to help.

New deadlines for comments on the appeal

As previously announced, the Planning Inspectorate has restarted the timetable for the appeal.  Comments from interested parties - including supporters and the Save the Cabinet Action Group itself - must now be submitted by 14 June.  See the panel opposite for advice as to how to do so. Meanwhile, in an important procedural step, the Action Group has been granted what is known as “Rule 6 status”.  This means the Group has the same status as the developer and the Council, including the right to appoint a lawyer.

Public Inquiry provisionally set for November

The parties to the appeal - the appellant (i.e. the developer who owns the pub), the District Council and the Save the Cabinet Action group - have all agreed on a dates of 6-8 November for what is expected to be a three-day public inquiry.  Provided a Planning Inspector can be allocated to the case for those dates, that is when the appeal will take place.  Whilst we might have preferred to move ahead with the
case more quickly, we do accept that a major event such as a public inquiry requires considerable preparation on all sides.  The Action Group will use the time, with our advisers, to piece together the best possible case in favour of preserving our lovely old pub. We will publish more news when we have it.  Meanwhile, we are asking supporters to put the dates in their diaries.  We will need a good turnout of supporters when the inquiry takes place.

SAVE OUR VILLAGE PUB!

© Save the Cabinet Action group 2017 

Campaign launches petition to ensure an open and

transparent appeal

The Save the Cabinet Action group has launched a petition to the Planning Inspectorate to make sure that the developer’s appeal is heard by way of a hearing or an inquiry, and not just on the papers. The Planning Inspectorate is the body, independent of North Herts District Council, which hears appeals on planning decisions.  Appeals can be dealt with by way of a written procedure, by way of a hearing (at which all parties can be represented) or an inquiry (a more formal procedure, in the course of which evidence is given on oath and the parties are often represented by lawyers). The Action Group takes the view that the level of local interest in the case of The Cabinet, the disputed evidence submitted to the Planning Committee, and the approach taken by planning authority officers (including a report described by our Chair as “shockingly biased”) makes a hearing or an inquiry essential.  The petition argues that this case is an important test of the planning system – not only in relation to how it protects community assets such as pubs, but also as to how it deals with unscrupulous developers who deliberately ignore the requirements of planning law in the hope of maximising their profit.  It is essential that the appeal is dealt with transparently and openly, with a proper opportunity for interested parties to make representations and for the Planning Inspector to examine all the evidence in detail. The Action Group is asking all supporters to sign the petition.  Click here to read and sign it.

Appeal against planning refusal lodged

We have  (17 Nov) learned that the developer who owns The Cabinet has lodged his appeal against refusal of planning permission for change of use.  The fact that he has appealed comes as no surprise. The appeal now needs to be formally validated by the Planning Inspectorate, a process which can take up to 10 weeks. No timetable for the appeal has yet been published, but any hearing is likely to take place in the spring, possibly later.  Once we and our experts have the documents, work can start on making a strong case for resisting it. But we need to raise money quickly to enable us to resist the appeal in the most thorough and professional way we can.  We will be launching a new fundraising campaign in the new year.

The decision on 20 July of North Herts Councillors

to refuse planning permission for change of use

was great news, and the campaign to save The

Cabinet negotiated its first major hurdle.

But nobody should assume that’s the end of the battle.  There’s a long way to go yet before Reed’s pub could reopen. The developer has the right of appeal, and we confidently expect him to exercise it.  He has 6 months to decide whether to appeal. If he does, it is likely to be some further months before an appeal is determined. An appeal can be decided on paper, but in a contentious case like this it is more likely to be taken as a hearing, to which the public is admitted. Interest groups, such as the Save the Cabinet Action Group, can ask to be heard, and it is normal for such requests to be granted. The Action Group is advised by Dale Ingram, an experienced planning an heritage consultant with an excellent track record in this area.  Dale will represent us at any such hearing.
News
We have also been assisted by Anthony Miller, a charted surveyor with particular expertise in the licensed leisure sector. If the appeal is refused, the developer would be unable to sell The Cabinet as a house.  We would hope, at that point, that he would accept that the game was up and market the property.  In any event, we would expect the planning authority, North Hertfordshire District Council, to take firm enforcement action at that point.

Developer’s appeal goes live

The developer who owns The Cabinet lodged his appeal against refusal of planning permission for change of use some months ago.  After a lengthy period of “validation” the appeal is now live. We expect anyone who submitted written
representations to receive formal notification of the appeal from North Hertfordshire District Council within days, and to have the opportunity to make representations in response to the appeal. The first step will be to persuade the Planning Inspectorate to hold a hearing or an inquiry, rather than to deal with the matter on paper.  Appeals usually start as “written procedure”, but can be made into an hearing if there is sufficient public interest or if the evidence in the case is complex - as is the case here.  Our petition to the Planning Inspectorate has now been submitted (though you can still sign it in case additional weight is needed later).  It’s important that supporters make representations too.  Advice as to how to do so is on this page.

How to make representations to

the Planning Inspectorate

Anyone can make representations in a planning appeal, whether or not they did so at the time of the original application.  The decision to upgrade the appeal to a Public Inquiry has meant that the Planning Inspectorate will restart the clock.  The deadline for comments is now 14 June.  We still need supporters to write in - and, if you already have done, rest assured that your comments will remain on the file for the Inspector to see.  A new deadline will be announced in due course. If you have not yet written to the Planning Inspectorate, please do.  Doing so online is easy.  The appeal can be found here.  Click on “Make representations” and follow the instructions.  The original application, which now includes the developer’s statement of appeal, is on the North Herts web site here. We wouldn’t presume to tell you what to say, but you might bear in mind that the appeal in principally based on the idea that The Cabinet, a popular and thriving pub for at least 200 years, is no longer viable.  The Community has obtained expert evidence demonstrating that the Cabinet could return to viable use as a pub.  Meanwhile, its permanent loss would lead to the loss of economic opportunities especially for young people and lead to greater social isolation, especially for older people. If you need help with your representations, don’t hesitate to contact us.

Public Inquiry into Cabinet planning decision

The day after the Planning Inspectorate announced it had upgraded the appeal in the case of The Cabinet to a hearing, we learned that they have upgraded it still further.  It will now take the form of a Public Inquiry - the most formal and thorough procedure for dealing with planning appeals.   Initially we had been informed that the appeal would be dealt with via the “written procedure”.  We can now look forward to the evidence in the case being examined in detail during a court-like procedure involving evidence on oath and lawyers on all sides.  The decision demonstrates the importance and significance attached to the case. The Action Group welcomes this.  It would have been a travesty if a case which had attracted so much interest had been dealt with behind closed doors.  The intervention of Sir Oliver Heald MP (who wrote to
the Planning Inspectorate), the Action Group’s recent petition (which attracted over 1400 signatures online and in hard copy), the large volume of written objections and the strength of feeling expressed in the debate in the Council last July will all have contributed to this outcome. No date has yet been fixed for the Inquiry.  However we have now learned that the Planning Inspectorate will re-start the timetable for the appeal - so there will be a further opportunity to submit comments and a new set of deadlines.  Our current thinking is that the Inquiry itself will take place in the autumn.  It’s important to remember that this is a small step on the road to rescuing our lovely old pub.  The focus now needs to turn to the substance of the appeal itself, and making sure we achieve the right result..  We also need to raise several thousand pounds urgently in order to meet the costs - including legal costs - of resisting the appeal effectively.  If you can spare a few pounds, now would be a good time to help.

New deadlines for comments on the appeal

As previously announced, the Planning Inspectorate has restarted the timetable for the appeal.  Comments from interested parties - including supporters and the Save the Cabinet Action Group itself - must now be submitted by 14 June.  See the panel opposite for advice as to how to do so. Meanwhile, in an important procedural step, the Action Group has been granted what is known as “Rule 6 status”.  This means the Group has the same status as the developer and the Council, including the right to appoint a lawyer. No date has yet been fixed for the Inquiry, but the smart money is on a date in the autumn.

Public Inquiry provisionally set for November

The parties to the appeal - the appellant (i.e. the developer who owns the pub), the District Council and the Save the Cabinet Action group - have all agreed on a dates of 6-8 November for what is expected to be a three-day public inquiry.  Provided a Planning Inspector can be allocated to the case for those dates, that is when the appeal will take place.  Whilst we might have preferred to move ahead with the case more quickly, we do accept that a major event such as a public inquiry requires considerable preparation on all sides.  The Action Group will use the time, with our advisers, to piece together the best possible case in favour of preserving our lovely old pub. We will publish more news when we have it.  Meanwhile, we are asking supporters to put the dates in their diaries.  We will need a good turnout of supporters when the inquiry takes place.