Issue - meetings

Report  CSD14114

As recommended by Members of the Development Control Committee at a meeting held on 9 July 2014 (Minute 7), the Portfolio Holder considered a request to authorise the making of an Article 4 Direction to remove specific forms of permitted development relating to land at New Barn Lane, Westerham.  The full basis for the recommendation was as set out in the above report which was then summarised.  Officers considered it expedient to issue an Article 4 Direction as the land could potentially be fragmented and sold in the form of separate plots and by doing so, the land’s open, rural character could be eroded by uncontrolled development which would normally not require planning permission.

The Chief Planner reported that as the land was situated within the Green Belt and partially within an Area of Outstanding Natural Beauty, it was important for the site to remain protected.  An access drive had already been established (this was currently the subject of a planning enforcement investigation) and the land was currently being advertised for sale on the Internet.

Ward Member Councillor Scoates had registered his concerns and having looked into this matter, Officers had thought it expedient for an Article 4 Direction to be issued. 

The making of an Article 4 Direction would require planning permission to be sought for any proposed development falling within the suggested specified classes.  The Council could, however, be liable to claims for compensation as a result of applications which had been upheld on appeal. 

The erection of appropriate agricultural buildings would not be affected by the Direction.

RESOLVED that the making of an Article 4 Direction be authorised for land at New Barn Lane, Westerham, to remove permitted development rights for the following classes of development:-

(i)  erection or construction of gates, fences, walls or other means of enclosure (Class A of Part 2);

(ii)  formation, laying out and construction of means of access (Class B of Part 2);

(iii)  provision of temporary buildings, etc. (Class A of part 4);

(iv)  temporary uses of land for any purpose for not more than 28 days per year (Class B of Part 4); and

(v)  use of land as a caravan site (Class A of Part 5).

For (i) and (iv) above, this would be a Direction with immediate effect and for (v) the earliest possible effect.