We wrote to all parties with an interest in the land requesting that the unauthorised use cease within 28 days. That timescale has now passed and the unauthorised use has not ceased. I have drafted an enforcement notice report which is currently being checked by our Legal Services department. Once agreed, Legal Services will be instructed to serve the notice requiring the unauthorised use to cease. It is not possible for the notice to require the public house use to re - open, although that remains its lawful use, in my opinion. There will be a right of appeal against the notice, and I would expect the freeholder and/or tenant to challenge the notice.
An application for a certificate of lawfulness for an existing use has recently been received (ref: 15/05273/CLEUD), claiming that the current use of the site is lawful. Nathan Barrett is the Area Planning Officer dealing with the application in Claragh's absence - I have copied him in on this email should you need to contact him with any queries regarding that application. Again, the applicant will have a right of appeal if the application is refused. This application relies purely on legal arguments, and as such, comments are not normally invited from members of the public. That said, the application documents are publicly available on our website, where comments can also be submitted.
I believe the ACV status of the building will remain intact for 5 years from the date it was listed (February 2020). However, I am awaiting confirmation of this from Legal Services.