Landlady loses challenge over pub conversion

A landlady has lost her challenge over converting a pub in the Yorkshire Dales into a house and tearoom.

The Planning Inspectorate has rejected appeals by Joanne Cox, who runs the Moorcock Inn, at Garsdale, in the south east of Cumbria.

The Yorkshire Dales National Park Authority (YDNPA) issued two enforcement notices after work was done at the pub without planning permission, however Ms Cox had appealed stating the change did not need consent.

The YDNPA said it welcomed the decision of the inspectorate. Ms Cox has been approached for comment.

The first enforcement notice required the owner to stop using the pub as a house and remove a staircase, partitions, and fixtures and fittings associated with the building being used as a home.

The second ordered Ms Cox to stop using parts of the building as a tearoom and self-contained accommodation.

She had appealed against both on various grounds including the claim the work did not need planning permission and that no material change of use had taken place as food and drink was still being served.

Ms Cox also argued that bed and breakfast accommodation had previously been provided at the pub.

Planning inspector Paul Freer said in his report there was evidence a change of use had occurred.

He noted on a site visit the ground floor of the building, previously a bar area, had been fitted out as living accommodation.

"This included sofas, a dining table and a fully equipped kitchen. The new staircase leads to bedroom and bathroom facilities," he said.

He said the building provided all the facilities "necessary for daily domestic existence".

"It is, as a matter of fact and degree, a dwelling."

Referring to the part of the building being used as a self-contained unit for short-term holiday letting, he said he recognised that in the past this type of use had been part of the inn.

"However, that was as an ancillary use to the primary use of the premises as a public house."

The failed appeal means the landlady will be required to meet the requirements of the enforcement notices or face further legal action.

A spokesperson for the national park authority said they welcomed the decision of the inspectorate.

"Enforcement action is always regrettable and a last resort," they added.

"We would now encourage the owners of the Moorcock Inn to comply fully with the requirements of the two enforcement notices."

The notices were issued after members of YDNPA rejected retrospective planning permission for the changes, with more than 20 objections submitted to the plans.

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