OWNERS of a historic former Weymouth pub are hoping that a planning loophole will prevent enforcement action from being taken over works to change part of the building into homes.

The former Swan Inn, number 567 Dorchester Road, ceased trading around 2004 and changed hands two years later.

Planning permission was granted for the Upwey listed building to be converted into a family home in 2007, but expired after works did not get under way - which the owners say is due to the financial crash at the time.

However, part of the building has been occupied by the owner and her family since then, with 'nominal work' being carried out to convert an annex into a three bed house, a three bedroomed flat and a one bedroomed flat, to enable rooms to be rented to tenants.

The new owner is now seeking legal approval for the changes - which, although would have required planning consent, cannot be enforced against due to a technicality that states enforcement action cannot be taken as the building has been used as a home for more than four years.

None of the historic features have been removed according to agents working on behalf of the owner.

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Weymouth Town Council's Planning and Licensing Committee considered the application at a recent meeting, when councillor Graham Winter raised concerns about part of the building potentially being used as a House of Multiple Occupation (HMO.)

"I'm concerned that we’re ratifying something that’s been going on, but the building has not been converted to flats," he said.

"At the moment the configuration is basically rooms - which is a different kettle of fish all together.

"Whilst I’m not in objection to the development, I do think it’s important we get a quality development rather than something that’s going to be turned into an HMO - I would have liked more detail in the paperwork - that’s my reservation."

Jesting that the former pub 'was once his second home,' cllr Winter added that the building needs 'a lot of work' - and that the windows are 'only just hanging in there.'

The current occupants have access to a communal car parking area, a communal garden and a seasonal vegetable plot, and there is also a chicken coop.

Documents submitted to Dorset Council indicate that the building was sold with conditions restricting it from being brought back into use as a pub. Prior to the sale in 2006 it was used as staff accommodation for other public houses in Weymouth according to the applicant.

Meanwhile it is stated that the owner intends to submit a planning application to convert and renovate the whole property into a single family home and convert the outbuilding into two residential units to be let as holiday accommodation.

At the Weymouth Town Council meeting, Planning committee members concluded that they did not have enough information to make a decision and a majority vote was passed to ask Dorset Council to extend the deadline to ask for more details.