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Waverley Borough Council Committee System - Committee Document

Meeting of the Development Management Committee A held on 18/10/2006
Appendix A



APPENDIX A
Waverley Borough Council

DEVELOPMENT MANAGEMENT COMMITTEE A – 18th October 2006

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Title:
ARTICLE 4 DIRECTIONS ON TWO GROUPS OF HISTORIC BUILDINGS IN FARNHAM
[Wards Affected: Farnham Castle]
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Summary and purpose:

This report sets out the response and recommendations following public consultation on the proposal to issue two Article 4 (2) Directions (to remove certain permitted development rights) on 1-9 Lowndes Buildings and 2, 4, 6, 8, 10 & 12 Long Garden Walk in Farnham town centre.

These proposals were reported to and agreed by a Joint Planning Management Committee on 15 February 2006.
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Environmental implications:

These Article 4 Directions would undoubtedly benefit Waverley, as they would ensure the protection of the original appearance and character of these buildings and their contribution to Farnham conservation area.

Social / community implications:

There are no implications arising from this report.

E-Government implications:

There are no implications arising from this report.

Resource and legal implications:

Marginal increase in workload of Development Control.
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The Basis for the Article 4 Direction Proposal

1. Directions made in respect of buildings in a Conservation Area made pursuant to Article 4(2) of the General Permitted Development Order 1995 do not require the approval or confirmation of the Secretary of State, but by reason of Article 6(3) came into effect upon serving notice of the Direction on the owner and occupier of each affected dwellinghouse and by issuing local newspaper advertisements.

2. However, such Directions shall, by reason of Article 6(7) of the GDPO, expire at the end of six months unless confirmed by the local planning authority.

3. In deciding whether to confirm the Directions, account must be taken of any representations received.
4. As reported to the JPMC in February, the following documents have been taken into account when devising this proposal:

The General Permitted Development Order 1995
Circular No. 9/95: General Development Order Consolidation 1995
Planning Policy Guidance 15: Planning and the Historic Environment
The Farnham Conservation Area Appraisal 2005

Amendment to recommendation

5. Legal advice received following the Joint Planning Management Committee in February pointed out that, contrary to the committee’s decision, there is no power to make Article 4 Directions in respect of permitted development rights arising under Class B of Part 1 of Schedule 2 to the GDPO. Accordingly, the Directions that were issued omitted this aspect of the proposal.

Summary of consultation

6. A formal Direction removing permitted development rights under Classes A, C, D, F and H of Part 1 of Schedule 2 to the GDPO has been issued to each owner / occupier of the properties affected, as well as the insertion of a notice in the local newspaper. These Directions were subject to a 21 day period of formal consultation, whereby representations may have been made and considered by the Authority.

7. No representations in respect of either Direction have been received. Therefore the considerations for the local planning authority have not altered since the original decision in February to make the Directions.

8. A finalised version of the Article 4 Directions will now be issued to the owners / occupiers and Surrey County Council will also be notified of the Directions.

Recommendation

It is recommended that Article 4 (2) Directions be confirmed for:
Class A, Class C, Class D, Class F and Class H
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Background Papers (DPD)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.
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CONTACT OFFICER:

Name: Sarah Plant Telephone: 01483 523471 Comms.dma.2006-07.009