Agenda item

Report HPR2021/006

Members considered the making of an Article 4 Direction to remove Part 1, Class B and C Permitted Development (PD) rights in the Petts Wood Area of Special Residential Character (ASRC). The PD rights allowed various alterations to the roof of a dwellinghouse without planning permission.

The Direction would replace an existing Direction which related solely to the removal of Part 1, Class B and C permitted development rights on front roofslopes.

The Chairman noted that this report had also been considered at a meeting of the Development Control Committee on 28 January 2021.  At that meeting, Members had added ‘conservation areas’ to recommendation 2.1. It was also noted that DCC had added a further recommendation clarifying that the existing Direction would not be cancelled until the new Direction came into effect.

Visiting Member Councillor Fawthrop (a Member of the DCC), reported that the addition of ‘conservations areas’ related to two conservation areas within the garden suburb. By way of clarification, Councillor Fawthrop submitted a statement to the meeting which can be viewed at Annex A to these Minutes.

In relation to the amendment made to recommendation 2.1 by DCC Members, the Head of Planning Policy and Strategy advised that a lot of the justification in the report related to the ASRC specifically because the garden suburb was not a specific planning designation. He suggested that a separate recommendation could be added with the justification outlined by Councillor Fawthrop. This recommendation would apply only to the Part 1 Class C rights as Part 1, Class B rights did not apply in conservation areas. As an Article 4 Direction already existed for The Chenies, this Article 4 Direction would only pertain to the Chislehurst Road conservation area.

It was agreed that the Head of Planning Policy and Strategy would formulate the additional recommendation and seek Councillor Fawthrop’s approval before a decision was made by the Portfolio Holder.

As Chairman of the DCC, Councillor Michael agreed with the addition of a further recommendation as it was vital to ensure the whole area remained protected.

RESOLVED that the making of a ‘non-immediate’ Article 4 Direction (covering the Petts Wood ASRC shown on the plan) to withdraw Part 1, Class B and C permitted development rights granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (“the GPDO), Schedule 2 be endorsed.

It was further RESOLVED that the Portfolio Holder be recommended to:-

1)  authorise the making of a non-immediate Direction which would come into force 12 months from the day on which it was made, if the Direction was subsequently confirmed following public representations as required by the GPDO (where practicable); and

2)  the decision to confirm a non-immediate Direction would be accompanied by a concurrent decision to cancel the existing Article 4 Direction which related solely to the removal of Part 1, Class B and C permitted development rights on front roofslopes.

Following the meeting, the additional recommendation as agreed by Members, was formulated and approved as follows:-

2.5  that Members agree with the justification put forward in the RRH PDS meeting of 2 February 2021 and endorse the making of a ‘non-immediate’ Article 4 Direction (covering the Chislehurst Road conservation area) to withdraw Part 1, Class C permitted development rights granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (“the GPDO”), Schedule 2. The Portfolio Holder for Renewal, Recreation and Housing will be asked to authorise the making of the non-immediate Direction, which will come into force 12 months from the day on which it is made, if the Direction is subsequently confirmed following public representations as required by the GPDO (where practicable).