An application for a certificate of lawfulness of use, submitted by the owner of a former Sharow pub, has been refused.
Mark Fitton, who bought the Half Moon Inn in 2017, submitted the application to North Yorkshire Council in December.
It followed a series of planning applications to convert the property into housing – all of which were rejected.
Local authorities grant certificates of lawfulness of use when they deem an existing building or use to be lawful. The certificates also prevent any enforcement action being taken.
Mr Fitton’s application said the property “has been occupied as a single dwelling house for more than four years”, which is a requirement to be granted the certificate.
However, in a public report uploaded by the council last Tuesday, a case officer rejected his claim. The report said:
“The submitted evidence points to the property being the applicant’s sole residence since November 2019 and has been occupied for more than four years with various domestication works having been carried out on the ground floor.
“A certificate of lawfulness is concerned with whether there has been four years continuous use as dwelling and not what works have been undertaken.
“Reference is made to being able to be prove four-year continuous use of the whole building but that is not clear form the submission.”
The planning officer, who said the use of the property was “not lawful” in a separate document, added:
“It is considered the use of the whole building as a single dwelling house has not been justified so sufficiently robust, precise and unambiguous to justify issuing a certificate under section 191 of the Town and Country Planning act 1990.”
Owner ‘saved a neglected and redundant historic building’
Mr Fitton submitted a separate certificate of lawfulness of use application last June, which was rejected on the same grounds.
He appealed the application, which is still ongoing.
The Stray Ferret asked Mr Fitton what his plans were following the rejection, including whether he must vacate the property, and whether he would consider selling the pub.
He said in response:
“I shall appeal the North Yorkshire Council decision, as my occupation is clearly lawful.
“The Half Moon Inn ceased trading long before I bought it. My investment in the property has saved a neglected and redundant historic building from dereliction.
“The Half Moon Pub Group has been invited since 2018 to make an offer for the property, but it has not done so. My agent is still in contact with the group, requesting that an offer is made. The group continues to decline making an offer for the property.
“The property is being offered for lease, rather than for sale. When it was offered for sale, throughout most of 2017, there was no other interest and the Half Moon Pub Group did not make an offer for it.”
‘We are ready to re-enter negotiations’
The Half Moon Pub Group, which is campaigning to re-open the pub as a community venue, told the Stray Ferret it was open to buying or leasing the site.
Alison Da Costa, who oversees the group’s strategic development, said:
‘It is very clear that the huge interest in this 200+ year-old pub and valuable asset shown by the local survey we carried out in 2022 has not diminished.
“Our vision for the Half Moon Inn is for a community hub that would provide a vital central role in bringing together local residents, combating rural isolation for the elderly and offering job opportunities for local young people, as well as reducing the reliance on journeys to Ripon.
“Even only making a £1 profit would be a success: our group’s pub model is based on the public’s needs and wants rather than personal or commercial interests.
“We are ready to re-enter into negotiations to purchase or negotiate a lease in the Inn as soon as the owner accepts the democratic planning decisions made at local and national levels, which last year rejected the change of use confirming that the Half Moon is still a public house.”
Ms Da Costa also said the group planned to make the site “more than just a pub” with free wifi to use and a village shop.
The Half Moon Inn was granted asset of community value status in November 2022 following the work of campaigners.
Read more
- Serial rapist jailed for nine years after Harrogate offences
- Council suggests cap on number of refugees in North Yorkshire
