Agenda item

To seek approval to renew the existing Article 4 Directions in relation to Preston Park, Spanish Battery, New Quay, and Tynemouth that will be subject to consultation with residents and landowners for each of the four affected areas. 

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

The existing Article 4 Directions continued to be applied, but a review had identified that there was risk of misinterpretation of their meaning or effect upon permitted development rights by residents and stakeholders. This was because the legislation attached to the above Directions, the Town and Country Planning (General Permitted Development) Order 1995, had been superseded by the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the GPDO”).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, it was proposed that the existing Directions were replaced by renewed Article 4 Directions, worded in accordance with the GDPO. The extent of the conservation areas affected by the existing Directions would not change. The approach however to defining the extent of the Article 4 Direction for Tynemouth Village had been amended from specific identification of dwelling houses at each of the streets listed at paragraph 1.5.6 of the report to state that it applied to all dwelling houses within the defined boundary.  This approach was more resilient to changes over time as flats or commercial properties may be converted to houses or vice versa.

The renewed Directions would, as with the previous Directions, remove permitted development rights afforded to dwelling houses 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 would be made under the GPDO and would 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 available 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.

Article 4 Directions must be prepared in accordance with Schedule 3 of the GPDO.  This included the requirement to agree a draft (or “made” Direction) for public consultation for a period of six weeks. Following this, the Local Planning Authority could confirm the Article 4 Direction, taking into consideration any responses it received to the made Direction. This decision would be made by Cabinet at a future meeting.

Should Cabinet agree to make the draft Directions, they would be subject to statutory consultation as soon as possible following the decision.  In accordance with the GPDO, the draft Directions would be consulted upon via advertisement in the local press, site notice in no fewer than two locations affected by the Direction and by letter to owners/occupiers of the land or dwelling houses.

An engagement plan would be finalised to ensure the statutory consultation was appropriately publicised taking account of each area affected by the proposed renewal of Article 4 Directions.  Due regard would be given to the on-going restrictions imposed by the Covid-19 pandemic.  All representations received would be taken into account when making a recommendation to Cabinet on whether to confirm the Article 4 Directions.

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 and instruct that an alternative approach be taken.

Resolved that (1) the risks associated with the current wording of existing Article 4 Directions at Preston Park; Spanish Battery;            New Quay, and Tynemouth be noted; and

(2) a renewed draft Article 4 Direction be made that will be subject to consultation with residents and landowners for each of the four affected areas.

(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.)