Lowther Arms Community Project Limited Registered Office T: 01900 881441 Farm M: 07710 261 097 E: [email protected] https://www.thelowterarms.co.uk , CA15 6QX FCA Regn No 8341 Mr Steve Long Planning Department Borough Council Allerdale House , CA14 3YJ 16 May 2020

Dear Mr Long OBJECTION TO PLANNING APPLICATION: FUL/2020/0089 The Lowther Arms Community Project Limited (LACPL) would like to object to this Planning Application to change the use of the ground floor area of The Lowther from a Public House to a domestic dwelling. First, we appreciate the difficulties of marketing the pub in such a tough economic climate and realise the vendors must be faced with many challenges at this time. We maintain we are willing to work with the vendors to achieve the common aim of retaining the pub as a community asset. The aims of the LACPL are to have an open pub with additional services that meet the needs of the community, and to work with supporters and other potential buyers (whose aims are aligned with our group), to achieve this goal. We understand that Allerdale’s relevant test for this application is “whether every effort has been undertaken to endeavour to retain the community asset before assessing any alternative land use”, and that “the main focus of this issue relates to the supporting valuation and marketing evidence.” We note that three offers have been made for the pub and are aware of a number of viewings. We believe the existence of one or more serious buyers and one or more valid offers meets Allerdale’s criteria to retain the community asset; and the vendors failure to consider ‘every effort’ and ‘endeavour to retain the community asset’ means the application for change of use cannot be accepted. An offer of £160,000 is clearly not acceptable, according to our own independent valuation. LACPL commissioned a private, independent Market Appraisal Valuation for both pub and land which gave a market value of £190,000 for a closed and empty entity, and £230,000 for a fully-equipped operational entity having regard to trading potential but subject to special assumptions. LACPL offered this full market value in March 2020 and are still waiting to hear if this offer is acceptable. There is no information to support the assertion that another offer of £230,00 was received from a possible developer, and no explanation why the offer was not accepted subject to proof of funds as is normal practice. We note the supporting information supplied with the planning application focuses on one offer (our own) and does not present a similar complete and balanced account of the engagement with all other prospective buyers. Nor does it describe or disclose, in the same level of detail, the correspondence, documents, and commercially confidential information provided by the other parties. This bias could appear to seek to discredit our intentions and question the credibility of our bid. The overall aim of the LACPL is to have an open pub. The group has been proactive in its campaign to save the pub and market it further afield, and is happy to highlight its marketing activities which have attracted two serious buyers who want to work with the community to keep the pub. LACPL is committed to reaching a successful and speedy conclusion. Its part-time volunteers work tirelessly to raise awareness, manage the project, raise funds for running expenses, professional services and legal fees, as well as complete all the necessary applications, reports and milestones to the various timescales of different legal, sponsoring and funding bodies. ../contd

Further, a) There has been a failure to consider ‘every effort’, and ‘endeavour to retain the community asset’ • The planning application for change of use has been submitted despite considerable interest from at least one serious buyer and with at least one credible offer on the table. • The owners have not demonstrated a serious attempt to market the asset, attract a buyer, and secure a sale. The owners gave a very negative impression of the pub during a viewing by one serious potential buyer and focused so much on the pub’s gloomy prospects it put the buyer off. (The potential buyer had already told us he was keen to buy a village pub, work with the community, and move to this area). b) An Asset of Community Value will be lost • An ACV is in place because the pub is vitally important for the community’s social and economic wellbeing. • It has always been a place to meet and socialise with friends, family and neighbours and helps reduce the sense of isolation and loneliness in this rural community. People also enjoyed a weekly quiz, theme nights, celebrations, functions, and music events. • For those visiting the area, whether to visit family and friends or to enjoy the Area of Outstanding Natural Beauty, Hadrian’s Cycleway and Coast-to-Coast route, the pub’s integral caravan and campsite was a great place to stay. The pub is a key service and attraction for visitors and tourists who stay locally in the village’s Airbnb’s, local caravan parks, and self-catering. • The pub is the last service in the village. The village has already lost most of its services and amenities including the Post office, shop, restaurant, milk and paper deliveries and most of its bus services. • If the pub is lost, there will be adverse economic consequences, too. In the past, the pub trained and employed local staff (bar and waiting staff), bought goods and services from local growers/producers/ trades/ artisans/ craftworkers). As a community-focused pub, it can do so again and benefit the wider community in many different ways. • As ‘More Than A Pub’ it can offer much to the community, with an essentials shop, café, OAP lunches, library, free Wi-Fi, business meeting place, health pop-up venue, a safe after school/homework space, courier and dry cleaning point etc. c) Allerdale Council has a planning policy to protect community services • The planning application to convert the pub to a house is counter to Allerdale’s planning policy to protect village and community services, namely local shops, village halls and pubs. • Mawbray is in a designated ‘Conservation area’ where the council seeks to protect and enhance the character of the area – which includes the pub in the centre of the village. That’s why it was built there.

I would request that the council take these objections into consideration when deciding the application.

We have also supplied below additional information and corrections relating to the application’s supporting documents.

Your sincerely

Chris Atkinson On behalf of Lowther Arms Community Project Limited

Ref FUL/2020/0089 Additional information and corrections in relation to the applicant’s supporting documents.

# Document Application detail LACP Response and Supporting information 1. Report p1 “On 8th May 2019, we submitted The date is incorrect. The date on Allerdale’s planning portal is 6 May 2019 an application to…”

Details from Allerdale BC web portal: Planning application details 2. Report p1 …” we were aware that many We take the content of the objection letters at face value, and believe the people who said they did not know the villagers are disappointed to lose pub was for sale. their pub, we did not think this would come as a surprise.” ”….the majority of our ‘regular’ customers were knowledgeable about the situation we were in.” 3. Report p2 “2005. Elsie Pigg dies…” The date is incorrect. Elsie Pigg died in 2004.

4. Report p2 “…the purchase price is believed The price is incorrect. to be around £360,000” The pub was marketed with the Bar Agency for £299,000 freehold in 2006 and was bought for close to this value. (In 2005, The Lowther Arms was originally marketed with Hopes of at £350,000 before Hopes were disengaged. In 2006, an independent valuer gave a market valuation of £175,000 (which included the original land beyond the brook, since sold) and this was the full offer made by the MCPI (Mawbray Community Pub Initiative Ltd)).

Page 3 # Document Application detail LACP Response and Supporting information

Bar Agency Pub Particulars (left). Hopes particulars (top right). Extract from letter confirming the Bar Agency accepted an offer ‘close to the asking price’ from a local cash buyer (above).

5. Report p4 “It was announced on Facebook We believe this to be incorrect. and to customers that the pub We found no mention of the pub for sale on Facebook at this time. was up for sale and we would no The April Facebook post mentions only “due to a change in personal longer be offering food.” circumstances we will cease serving food from May 1st 2018” April 2018.

6. Report p4 “Between closing and applying We believe this is because few people were aware of the circumstances. for change of use no-one from the community approached us about re-opening the pub or volunteering.” 7. Report p4 “…We were unaware who had This is incorrect. been involved with the local group in 2005/6 as they were not The Chair and Secretary were regular customers of the pub when it first opened and spoke at length with Mr regular users of the pub and did Anson on several occasions about the history of the 2005/6 local group (Mawbray Community Pub Initiative Ltd). not make themselves known to Indeed, other members of that group continued to be regular customers. us.” 8. Report p6 “We do not have a history of This appears to be incorrect. converting businesses into Café 14/16 in was owned and operated by Mr & Mrs Anson until they applied for planning permission to residential.” convert the business premises to a dwelling. Café 14/16 was popular with many Mawbray residents.

Allerdale approved the planning application Ref: 2/2007/0089: “Change of use from mixed use café/domestic dwelling and replacement of shop front with domestic frontage to match neighbouring properties”. 30 Jan 2007

Page 4 # Document Application detail LACP Response and Supporting information

Photos of the address as a Café 14/16 in 2007 (left) and later as a dwelling, in 2009 (right).

Details from Allerdale BC planning web portal: Planning Application for Change of Use of Café 14/16, Silloth.

9. Report p6 “… there are 193 households in We agree there is insufficient custom from the parishioners alone to sustain the pub. This highlights the need for a the parish. Even if every one of ‘More Than A Pub’ business plan and marketing strategy to maximise the pub’s potential and attract customers those households spent £10 from outside the parish including the thousands of tourists who visit the area every year. every single week it could still not raise enough income to sustain 2 people in full-time employment.” 10. Report p6 “44 objections to the change of This is incorrect. use were raised from within the There were 38 objections from 28 households in the parish. parish representing 28 Two objections came from other parishes in Cumbria, two from outside Cumbria. households.” 11. Report p7 “...although not invited Mrs This was a Public Meeting and, by its very nature, open to all. Anson attended.” The purpose of the meeting was “an opportunity to share views about the village pub”. (i.e. Mrs Anson states she Nobody received an invitation received no invitation to the Public Meeting) 12. Report p9 … we willingly withdrew our Yes, Allerdale recommended that the planning application be withdrawn because it would not have been passed. application” ”Therefore, as it stands presently the council would have no option but to recommend unfavourably for the proposal based on the current application details. Officers would therefore alternatively recommend that the current application be withdrawn”. 13. Report p9 “Lowther Arms Community This name is incorrect. Action Group” Initially known as the Lowther Arms Interest Group, on 23 June 2019 the group formerly became the Lowther Arms Community Project. Page 5 # Document Application detail LACP Response and Supporting information 14. Report p9 “ … we were copied into a, what The email was not intended as either unkind felt to us, unkind celebratory or celebratory. email..” The email notes the withdrawal of the planning application and then explains at length the exciting news about the long- planned and eagerly-awaited group visit to an established and successful community-owned pub in Cumbria.

Copy of the email (above)

15. Report p10 “A number of misleading articles It is not the group’s intentions to cause distress to appeared in the press. anyone, but to generate support for the pub. …. one even stated the pub was for sale for £30,000…” We have searched and the only reference we can find is the Lowther Arms at Parton for sale at £30,000. Clearly this is not the same pub and nothing to do with us.

Copy of the Sales Particulars for The Lowther Arms, Parton, advertised at £30,000 (right)

16. Report p10 Fairly unproductive meeting with The meeting was arranged so that the Plunkett Adviser could meet the vendors, understand their point of view, a representative from Plunkett. and use this knowledge to better advise the community group. It was also about trying to find if common ground existed between the asking price of £275,000 and the amount “..we were assured a decision some people thought should offered, which was substantially less. would be reached by Christmas as to whether or not the group It was not possible to make an offer by Christmas 2019 because we had no ‘Business Buyer & Market Appraisal felt they could make ‘an offer’ Evaluation Report’ to say if the business was viable or not (and thus if it was possible to make an offer). There was a delay in receiving the Valuer’s report (received Jan 2020) because the Market Appraisal Evaluation visit was delayed. In mid-October when a visit was being planned for early November, Mr & Mrs Anson were working away from home, wanted to meet the Valuer personally after work and did not want their Agent to accompany the Valuer in their stead. The subsequent delay in agreeing a convenient visit date/time agreeable to Mr & Mrs Anson meant that, by this point (end of October), the Valuer’s availability was limited and the visit took place in December.

17. Report p11 “.. an agent from the Plunkett There was never any suggestion that the valuer’s “Business Buyer & Market Appraisal Evaluation Report” was Foundation attended to carry out going to be shared. a valuation, which has so far It was a privately commissioned, commercial-in-confidence report, paid for by the group for their internal use, and been withheld from us.” not for general publication.

Page 6 # Document Application detail LACP Response and Supporting information 18. Report p11 Mrs Anson makes a “… phone Only one news cutting has been provided in support of this application. call to the secretary of the group It is not clear what the factual inaccuracies are. to point out yet more factual The group has done its utmost to be fair and to report plain facts. All news releases are scrutinised by the inaccuracies in press committee (and now the Plunkett Foundation) before they are released. statements.” The group are happy to comment on other news features, if supplied. 19. Report p11 “… another article appeared in a This reporting was, unfortunately, beyond the control of the group. local newspaper claiming the pub was for sale for £2.2m.” It states the pub price tag of £2.2m. This was a mis-reporting of information by the newspaper and the paper has apologised for the error. The original News Release was vetted by the Plunkett Foundation and was, in fact, reported correctly in the News on 17 Jan 2020.

Original, correct news item reported in the Cumberland News 17.1.20 (left) Original News Release vetted by the Plunkett Foundation (right)

20. Report p11 “….an offer from the group…. The stipulations refer to an offer subject to satisfactory surveys, which is standard terminology of any offer. which had a number of Also, a request to take an inventory and measurements for fixtures and fittings (like curtains). stipulations placed on it.” The request for a viewing is not a condition of the offer. The offer was made before the coronavirus lockdown, but government guidelines keep changing and, at the time of writing, some viewings are now going ahead. An offer can be accepted subject to confirmation of funds (this is normal practice with many buyers waiting to hear if they have a mortgage once they have found a property, know its price, and have their offer accepted).

21. Report p13 “The community group are the This is incorrect. only party who have expressed No mention is made of the genuine prospective buyer who contacted us on 23 February 2020 as a result of our an interest in the premises as a marketing efforts. The prospective buyer was keen to buy and run a village pub in this area, and to meet and work public house …” with our community group. The group’s Trustees arranged a meeting with the prospective buyer following his pub viewing, on Sat 29 February 2020. However, the buyer failed to come to the meeting and drove straight home to Notts after the viewing because he was so disappointed with the unwelcoming appearance of the pub and the very negative impression of the pub and its prospects given by the vendors. He later confirmed to us that he did not wish to make an offer. Page 7 # Document Application detail LACP Response and Supporting information We are also in communication with another serious buyer who wants to work with our community group. The vendors will not allow this person to view the pub and will not make a decision on this until 2 June 2020.

22. Appendix 4 “We were disappointed that the This is incorrect. group proceeded with the The ACV was submitted by Parish Council. ACV…” 23. Appendix 6 Offer Letter 15.3.20 We send the offer letter to Mr & Mrs Anson’s agent, Gavin Woods, at Sidney Phillips via our Plunkett Specialist Adviser, Dave Hollings (Co-operative and Mutual Solutions (CMS)). 23.3.20 Coronavirus lockdown commences 25.3.20 Our offer letter is returned to us unopened, marked “Return to Sender”. We immediately phone Sidney Phillips who confirm Gavin Woods left the company suddenly and the Hexham office address is no longer valid. A second offer letter is immediately sent to the new Sidney Phillips Area Manager, Matthew Keeley and appointed agent, Kimberley Harrington, at the correct address. Matthew Keeley/Kimberley Harrington immediately forward to Mr & Mrs Anson. Mr & Mrs Anson respond and ask for some time to consider the offer. 26.3.20 Kimberley Harrington, Sidney Phillips, asks us to clarify the financial position of the group. Dave Hollings replies and reiterates the group’s position. He also asks for an indication of the acceptance of the offer. To date we have not received an indication of the acceptance of the offer. 24. Appendix 7 Mr & Mrs Anson’s response to 27.3.20 Mr & Mrs Anson write to Gavin Woods at the incorrect Hexham address. the Offer Letter: We have never received this letter.

To date, we have not received a response to our offer to say whether it is accepted, rejected or negotiable.

17 May 2020 Updated 18 May 2020

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