Agenda item

6.1

The Director of Development Services submitted a report informing Members of the confirmation of an Article 4(1) Direction in respect of 20 Newfield Lane and its implications.

6.2

The report stated that the owner of 20 Newfield Lane submitted an application in respect of a substantial outbuilding within the extensive garden area to the side of the dwelling in April 2012. The application sought to establish that the outbuilding fell within Class E to Part 1 of Schedule 2 to the General Permitted Development Order (GPDO). There was significant local opposition to the proposal.

6.3

The application provided evidence of a significant threat to the open character of the Green Belt and the Area of High Landscape Value. In recognition of this, and of the significant level of public opposition to the proposed outbuilding, officers considered that all forms of future development in this prominent Green Belt location adjacent to open countryside and fronting the west side of Newfield Lane, which was not substantially developed, should be subject to an application for planning permission. Members agreed that it was appropriate to exercise powers set out within the Town and Country Planning (General Permitted Order) 1995 (as amended) to make an Article 4(1) Direction to remove permitted development rights from this property, in the public interest.

6.4

The Direction came into force on 10^th September 2012 and was reported to Members on 15^th October 2012. The Direction did not prevent the works that would otherwise be permitted development from taking place, but instead it required that planning permission be first obtained.

6.5

The Article 4(1) Direction was confirmed on 8 March 2013. No objections were received during the formal consultation process although the owners of the subject property had confirmed that their lack of objection was made without prejudice to any future applications, appeals and legal proceedings made by them in respect of the development of the land in which they have an interest, at or adjacent to the subject site. The representation explained that the caveat included any action which may be taken to establish rights relating to development commenced prior to the service of the Direction.

6.6

RESOLVED: That confirmation of the previously served Article 4(1) Direction at 20 Newfield Lane, Dore removing permitted development rights from the property, as set out in the report, be noted.