- Decision
- allowed, 14 September 2026
- Decided by
- Planning Inspector: N Unwin
- Authority
- West Lancashire (North West)
- Appeal reference
- 6007163
- Application reference
- 2024/0224/FUL
- Procedure
- written representations
- Development
- Conversion of former public house to a dwelling, demolition of structures and one new detached dwelling in the former beer garden (volume re-used)
- Homes
- 2
- Site context
- green belt, open countryside, PDL
- Green Belt
- Yes (grey belt not argued)
- Framework applied
- August 2026 NPPF
- Determinative policies
- GB7(1)(e), HE7
- Development plan policies
- West Lancashire Local Plan 2013 GN1, GN3, Development in the Green Belt SPD 2015
- Main issues
- inappropriate development; character and NDHA
Summary
Conversion of a derelict Green Belt pub to a house, plus a second new house in its former beer garden built from volume released by demolition. Allowed. The beer garden counted as PDL curtilage because its functional link to the pub was still legible. The volume swap meant no substantial harm to openness, so GB7(1)(e) was met and grey belt was not needed. The design improved the non-designated heritage asset.
Issues and findings
- Transition. Parties given the opportunity to comment (DL ¶2).
- PDL: PASS. "Whilst the former beer garden is somewhat overgrown, it is well related to the public house … its functional and visual relationship to the pub remains legible … I see no reason why it should be excluded from the definition of previously developed land" (DL ¶10).
- GB7(1)(e) openness: PASS. "The volume lost through demolition is effectively replaced by that of the new dwelling, thus mitigating the effect of the proposal on openness" (DL ¶11). "not be inappropriate development within the Green Belt and there is no need to consider whether the site is grey belt" (DL ¶13).
- Character / NDHA: no harm, some benefit (DL ¶17, ¶21).
Planning balance
Not inappropriate; no harm on the main issues; allowed with conditions. No S5(5) balance was expressly run.
What made the difference
The Council conceded openness, and the curtilage finding put a new house on a former beer garden within PDL. Had the beer garden been physically separated or long abandoned to countryside, the (e) route would have been doubtful.
Transferable points
- An overgrown former pub beer garden or play area with a legible functional link to the building is PDL curtilage (DL ¶10).
- A volume-for-volume swap across a PDL site supports "no substantial harm to openness" under GB7(1)(e) (DL ¶11–12).
- Where (e) is met, grey belt need not be considered (DL ¶13).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| GB7(1)(e) | pass | overgrown beer garden/play area adjoining pub, functional and visual relationship still legible, so PDL curtilage; demolished volume re-used; Council agreed openness at least preserved (DL 9-14) | |
| AnnexB:grey-belt | not-engaged | "no need to consider whether the site is grey belt" once (e) met (DL 13) | |
| HE7 | benefit | removal of detracting extensions better reveals NDHA former pub; new dwelling set back preserving its dominance (DL 16-21) | |
| DP3 | accord | reduced car park, traditional materials, stepped roof forms (DL 17-21) | |
| HC6 | accord | pub viability assessment accepted by Council (DL 22) |
Key facts
- Dilapidated former pub (non-designated heritage asset) with outbuildings, large car park and overgrown former beer garden/play area
- Volume lost through demolition broadly equal to the new dwelling
- Council raised no openness objection
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.