Issue - meetings

Report of Assistant Director Planning

Purpose of report

To inform the Executive of the recommendation to proceed with a targeted non?immediate Article 4 Direction restricting temporary use permitted development rights, and to set out the legal and procedural steps required for the Direction to be made and confirmed.

Recommendations

The Executive resolves:

1.1         To agree to make the following non?immediate Article 4 Direction under Article 4 of the Town and Country Planning (General Permitted Development) (England) Order 2015.

1.2         To authorise the Assistant Director Planning, in consultation with the Deputy Leader - Planning and Enforcement, to finalise the wording of the Article 4 Direction and to undertake all necessary procedural steps to give effect to the Direction, including issuing the Direction, undertaking statutory consultation, notifying the Secretary of State, and reporting back to the Executive for confirmation following consideration of representations.

1.3         To note the process for making, consulting upon and confirming an Article 4 Direction, including notification to the Secretary of State and consideration of representations prior to confirmation.

Resolved

(1)            That it be agreed to make the following non?immediate Article 4 Direction under Article 4 of the Town and Country Planning (General Permitted Development) (England) Order 2015.

(2)            That the Assistant Director Planning, in consultation with the Deputy Leader - Planning and Enforcement, be authorised to finalise the wording of the Article 4 Direction and to undertake all necessary procedural steps to give effect to the Direction, including issuing the Direction, undertaking statutory consultation, notifying the Secretary of State, and reporting back to the Executive for confirmation following consideration of representations.

(3)            That the process for making, consulting upon and confirming an Article 4 Direction, including notification to the Secretary of State and consideration of representations prior to confirmation be noted.

The Assistant Director Planning submitted a report to inform the Executive of the recommendation to proceed with a targeted non?immediate Article 4 Direction restricting temporary use permitted development rights, and to set out the legal and procedural steps required for the Direction to be made and confirmed.

The Chair referred to correspondence from lawyers instructed on behalf of Hornton Parish Council and explained that officers had responded to the letter accordingly. The content of the letter was not for discussion at Executive.

Parish Councillor John Offord, Chair of Hornton Parish Council addressed Executive.

In introducing the report, the Deputy Leader – Planning and Enforcement thanked officers in planning and legal for their hard work and extended thanks to Hornton Parish Council, neighbouring parishes and local residents for their time spent on this complex issue.

The Deputy Leader – Planning and Enforcement explained that the recommendation struck the appropriate balance between allowing the longstanding activity to continue whilst ensuring the council could exercise proportionate control where needed. It was a forward-looking preventative measure that was evidence based and policy compliant and would restore the council's ability to manage the scale and operation of the events through the planning system where necessary.

Resolved

(1)          That it be agreed to make the following non?immediate Article 4 Direction under Article 4 of the Town and Country Planning (General Permitted Development) (England) Order 2015.

(2)          That the Assistant Director Planning, in consultation with the Deputy Leader - Planning and Enforcement, be authorised to finalise the wording of the Article 4 Direction and to undertake all necessary procedural steps to give effect to the Direction, including issuing the Direction, undertaking statutory consultation, notifying the Secretary of State, and reporting back to the Executive for confirmation following consideration of representations.

(3)          That the process for making, consulting upon and confirming an Article 4 Direction, including notification to the Secretary of State and consideration of representations prior to confirmation be noted.

Reasons

It is proposed that the Executive resolves to make a targeted, non?immediate Article 4 Direction expressly designed to maximise the prospects of confirmation and to enable proportionate planning control should future evidence justify intervention, as set out below:  

The development permitted pursuant to Schedule 2, Part 4 Class B of the Town and Country Planning (General Permitted Development) Order 2015 (or any successor order) shall not include use of the land for motor racing: 

1. on the day each year of Easter Sunday or 

2. on the day each year of Remembrance Sunday or 

3. on the day each year of Christmas Day or 

4. on the day each year of New Years Day or 

5. on the first Bank Holiday Monday in May or 

6. on 11 November or 

7. on any day between the hours of 6:00pm and 9:00am. 

The development permitted pursuant to Schedule 2, Part 4 Class B of the Town and Country Planning (General Permitted Development) Order 2015 (or any successor order) shall not comprise use of the land for any motor racing event which  ...  view the full minutes text for item 6