Decision details

Cabinet received a report seeking approval to renew the existing Article 4 Directions in relation to Preston Park, Spanish Battery, New Quay and Tynemouth Village following a consultation with residents and landowners for each of the four affected areas.

The four Article 4 Directions previously confirmed in North Tyneside had been implemented as part of the Authority’s duty to help preserve and enhance the character and appearance of conservation areas. The specific areas covered by the Article 4 Directions were set out in section 1.5.6 of the report.

As part of the Authority’s ongoing refresh of its planning framework, consideration had been given to the continued suitability and effectiveness of those Article 4 Directions.

The existing Article 4 Directions continued to be applied, but a review had identified that there was a risk of misinterpretation of their meaning or effect upon permitted development rights by residents and stakeholders. This was because the legislation attached to those Directions, the Town and Country Planning (General Permitted Development) Order 1995, had been superseded by the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the GPDO”).

To respond to the potential risk identified, Cabinet had agreed on 29 June 2020 to undertake consultation on draft renewed Article 4 Directions, worded in accordance with the GPDO.

It was not proposed to amend the extent of the conservation areas affected by the existing Directions. The renewed Directions would, as with the previous Directions, remove permitted development rights afforded to dwelling houses in the affected areas and, in the case of Preston Park only, remove permitted development rights afforded to land. This would include the erection of extensions and porches, installation of hardstanding and alterations to roofs – all of which did not normally require planning permission.

The renewed Directions were proposed to be made under the GPDO and include the wording “as amended, revoked or re-enacted” to ensure the Directions would remain valid should there be any future changes to legislation. The draft Article 4 Directions were attached at Appendices 1 to 4 to the report.

In accordance with the relevant legislation, once a new Direction was confirmed the existing Direction was cancelled.

It was recommended that the Article 4 Directions were confirmed by Cabinet. Not undertaking this work would harm the Local Planning Authority’s ability to continue to preserve and enhance the conservation areas, and therefore fail in its statutory duties, as set out in section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Details of the consultation process undertaken were set out in the report.

Prior to the consultation, an Engagement Plan had been shared with the relevant Ward Members for their input. Six residents had engaged in the consultation as set out in section 1.5.19 of the report.  No objections to the renewed Article 4 Directions had been received.

In accordance with the GPDO, Article 4 Directions could not be confirmed until at least 28 days after the end of the consultation. This would be 20 October 2020. Should Cabinet agree to confirm the renewed Article 4 Directions, they would be brought into effect at the earliest opportunity following the Cabinet call-in period.

A letter would be sent to all affected owners/occupiers to inform them of the confirmation. A copy of the confirmed Directions must also be sent to the Secretary of State. 

Cabinet considered the following decision options: to accept the recommendation as set out in paragraph 1.2 of the report, or alternatively, to not approve the recommendations.

Resolved that (1) the feedback received to the public consultation on draft proposed renewed Article 4 Directions at Preston Park, New Quay, Spanish Battery and Tynemouth Village be noted; and

(2) confirmation of renewed Article 4 Directions at each of the four affected areas be agreed.

(Reasons for decision: The legislation attached to the Article 4 Directions currently in place has now been superseded by the GPDO. As a result of this change, these Directions may not be capable of effective interpretation and implementation. Renewing the Article 4 Directions will allow for the Local Planning Authority to fulfil its statutory duty of preserving and enhancing the character and appearance of conservation areas.

A statutory consultation was carried out between 7 August and 21 September 2020 with affected owners and occupiers given the opportunity to input. No objections to the renewed Article 4 Directions were received.)