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Pub garden battle moves to courts

7:00am Friday 18th January 2013

Pub garden battle moves to courts

PUB landlords have been summoned to court after failing to remove garden structures as ordered by a Hampshire council.

John and Lynda Butler have fought for more than three years to keep the beer garden and smoking shelter behind Butler’s Bar and Grill in Fordingbridge.

Officers at New Forest District Council first informed the Butlers they were breaching planning law in 2009, and the couple applied for retrospective planning permission for the wooden pergolas, decking and an ornamental fish pond that had been behind the pub since 2004, and a smoking shelter that had been there since the smoking ban was introduced in 2007.

But officers turned down the application and an appeal was dismissed. The couple put in a second application, which officers refused in June 2010, saying that the area had been granted permission for a car park in 1974 and no part of it was allowed to be used as a garden.

The pair were ordered to tear down the structures but fought back, launching a second appeal, which was also turned down by a planning inspector last January.

The Butlers were issued with an enforcement notice, but the structures have stayed in place.

They are due before Southampton magistrates on February 7 charged with breaching the council’s enforcement notice.

Comments(5)

Comments(5)

hulla baloo says...
8:37am Fri 18 Jan 13

Meanwhile, Pikeys get away with what they want, where they want.

insane saint says...
9:09am Fri 18 Jan 13

hulla baloo wrote:
Meanwhile, Pikeys get away with what they want, where they want.
when they want.

Big Mac says...
9:47am Fri 18 Jan 13

Haven't the council got more important issues to address. What a bunch of narrow-minded self righteous tools.

On the inside says...
10:03am Fri 18 Jan 13

So when I go in and say as the law on planning permission does not apply to them then the law on paying for beer does not apply to me they will be ok with that will they? If we have laws we cannot complain when they are enforced. The small minds belong to people like this who thing they are better than the rest of us and can do what they like.

dolomiteman says...
2:37pm Fri 18 Jan 13

Eh. So the pub was allowed a car park so the drivers have somewhere safe to park whilst having a drink but not allowed a garden so the illegal act of smoking can be done outdoors?

Has there been complaints from neighbours about the structures and why was it not allowed?

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