Green tile pub owner makes third appeal

A millionaire developer who ripped tiles off a Brighton pub has appealed against a council ruling for the third time.

Charlie Southall last month secured permission to restore the Montreal Arms on Albion Hill and its distinctive green tiled frontage, which he paid friends to rip off in April 2022.

But an alternative application to change the placement of the tiles and turn the pub into a cafe, bakery or co-working space was refused.

This followed the dismissal of appeals against an enforcement notice requiring him to reinstate the tiles, and the council’s designation of the pub as an asset of community value (ACV).

In granting permission for the pub scheme, the council said it was likely it would put on hold any moves to uphold the enforcement notice – the deadline for which is this week – to allow time for work to progress.

Now, he is appealing the refusal of the cafe scheme, saying that concerns over the loss of the building’s architectural and historic interest are unfounded.

Mr Southall said: “The proposal aims to balance the need for structural repairs with the preservation of the building’s heritage. Key heritage features, such as the tiled facade, will be replicated with materials matching the originals in size, color, and finish.

“Our proposed scheme detailed how damaged ceramic moldings would be scanned and replicated, to create a new tiled facade using exact match replica tiles from the original building.

“This approach maintains architectural integrity while enhancing the building’s utility for future use. The Heritage Report acknowledges that while the building has historical value, its current deteriorated state necessitates major repairs and rebuilding to bring it back into safe use.”

He added: “The combination of prolonged closure, licensing difficulties, detailed marketing efforts, and community opposition strongly supports the argument that reopening the Montreal Arms as a pub is not viable.

“The extensive evidence provided demonstrates that the public house use is not economically viable and that alternative community uses are both necessary and more beneficial.

“The comprehensive viability report and proposed alternative community uses demonstrate that the public house use is not economically viable and that the alternative uses will maintain the building’s role as an ACV [asset of community value].”

The appeal statement cites a ruling by Judge Neville, dismissing Mr Southall’s appeal against the pub being designated an asset of community value by Brighton and Hove City Council in November last year.

Judge Neville accepted it was possible the application from a hastily-assembled community group, the Friends of the Montreal Arms, was probably not purely motivated by the loss of the pub as a business.

He said: “I pay tribute to the meticulous and constructive way in which Mr Southall, on behalf of Dragonfly, has pursued this appeal.

“There is some force to his submissions that the original nomination was motivated, at least in part, by irrelevant concerns such as the building’s appearance and views on residential development in general, and even personal animus.”

However, he noted that the council’s own surveyors disputed a finding by a structural engineer appointed by Mr Southall which said the pub needed significant structural work to reopen.

And he said the industry expert who gave evidence on behalf of Mr Southall, Patrick Walker, was not impartial and his outlook was sometimes “myopic”.

He ruled that though it was unrealistic to say the pub could be successfully reopened under the same model as before – tied to a brewery – it was realistic it could be opened under a different model.

He cited The Bevy in Bevendean, adding: “Not only might a community group or individual be willing to bear a pub as a loss-making venture, some pubs are opened as a retail outlet for micro and small breweries.

“While these face similar challenges to the larger chains of the sort Mr Walker describes, they have been less hard hit.

“Likewise, some small and independent pubs strike deals with local takeaways and restaurants rather than run their own kitchens – the notion that a kitchen is necessary to survive is not representative of the many and varied pubs operating in the UK.

“There is a realistic chance that the use I have described would add value to the community distinct from that offered by other nearby pubs and the local church hall. While The Bevy has faced existential commercial obstacles, it has still operated for a while.”

The appeal was lodged on 4 July, a month after the pub restoration plans were approved, and two months after the cafe scheme plans were rejected.

Mr Southall has requested the appeal be heard at a public meeting, which would lengthen the time it would take to process.

The council has written to the planning inspectorate to say it is more appropriate that it should be heard via written correspondence, as the level of local interest is not high enough to justify a hearing.

The public are able to make comments on the appeal before 14 August. To make a representation, click here.