An application has been lodged to allow a Pembrokeshire coastal village pub to retain a beer garden that has been in place without planning consent for almost two decades.
Retrospective Application Filed
Through their agent Preseli Planning Ltd, Mr and Mrs Evans have filed a certificate of lawfulness application with Pembrokeshire Coast National Park requesting permission to maintain an ancillary beer garden and smoking area situated behind Basement Bar, Swn Y Mor, 4 Cambrian Terrace, Saundersfoot.
A certificate of lawfulness application enables an applicant to retain or continue a development if they can demonstrate evidence of occupation or usage over an extended timeframe.
History of the Beer Garden
A supporting document attached to the application states the land "has been used for this purpose since 2007 with no other intervening use," continuing: "As such a Certificate of Lawful Development is sought to establish the lawfulness of the development."
The document explains: "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."
Refurbishment Triggers Investigation
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 form 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."
Evidence of Continuous Use
Supporting the beer garden's use over a prolonged timeframe, estate agent photographs demonstrate a smoking area and beer garden existed as far back as 2007. The application also includes testimonies from customers, former owners, and leaseholders spanning 2007 to 2021 alongside images from a submission made to the national park regarding tree removal, which similarly references the beer garden and smoking area remaining in place during 2021.
The premises were leased between 2022 and 2025 with the beer garden excluded from that lease agreement. Refurbishment works to both the building and beer garden were carried out, with the beer garden use resuming 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 a 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."
Next Steps
Park planners will examine the application at a future date. In April, Pembrokeshire Council's licensing sub-committee approved a licensing application to vary a premises licence incorporating the beer garden area.
