Seaside pub applies to keep 20-year-old pub garden built without planning permission

Bruce Sinclair, Local Democracy Reporter

A call to allow a seaside village pub to keep a beer garden created without planning permission nearly 20 years ago has been submitted to the national park.

In a certificate of lawfulness application to Pembrokeshire Coast National Park, Mr and Mrs Evans, through agent Preseli Planning Ltd, seek permission to keep an ancillary beer garden/ smoking area which is located to the rear of Basement Bar, Swn Y Mor, 4, Cambrian Terrace, Saundersfoot.

An application for a certificate of lawfulness allows an applicant to stay at or keep a development if they can provide proof of occupancy or use over a prolonged period.

A supporting statement accompanying the application says the land “has been used for this purpose since 2007 with no other intervening use,” adding: “As such a Certificate of Lawful Development is sought to establish the lawfulness of the development.”

It goes on to say: “The basement has served as a public house to members of the public since circa 1995. The application site originally served as a private garden, however since the introduction of the internal smoking ban in 2007 an application was submitted to Pembrokeshire Coast National Park for a change of use of the area to serve as a smoking and beer garden for patrons.

“This application was refused permission in May 2007. Notwithstanding the refused application, the site operated as a smoking area/ beer garden since September 2007.

“The beer garden was then refurbished in 2025, which has led to an enforcement investigation. Following this investigation a full application was prepared and submitted to the LPA.

“Since the submission, additional evidence has been brought forward which would support a certificate of lawfulness for the existing use of the land to the rear to from a beer garden/ smoking area. On this basis the planning application will be retracted and the certificate of lawfulness for the existing use is being pursued.”

In support of the use of the beer garden over an extended period of time it says estate agent photographic evidence showed a smoking area and beer garden back in 2007.

It also provides statements from patrons, previous owners and leaseholders covering the period between 2007 until 2021, as well as images from an application submitted to the national park for a tree removal which also references the beer garden/smoking area still being in situ in 2021.

It says the premises were leased from 2022-’25 and the beer garden did not form part of that lease; refurbishment works to the building and beer garden being undertaken and the beer garden use recommencing in 2025, adding: “It is contended that such a period is not long enough for the use to be considered abandoned in planning terms.”

It concludes: “Considering the above it appears, on the balance of probability, that the land has functioned as an ancillary beer garden/ smoking area for continual period of 10 years. The period of non-use is not considered to constitute abandonment and that the use was effectively dormant during this period, before being recommenced.”

The application will be considered by park planners at a later date.

Back in April a licensing application for a variation of a premises licence, adding the beer garden area, was granted by Pembrokeshire County Council’s licensing sub-committee.