Agenda item

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 involves the attendance at any event of more than 120 motor racing participants (riders) unless in accordance with the provisions of an Event Management Plan (EMP) for the specific event which in advance has been submitted to and approved in writing by the Local Planning Authority. The EMP shall address, proportionately to the event’s scale: traffic, parking and noise management.  

Informative: In preparing and updating the EMP, which may be submitted annually, the applicant is advised to engage with the Safety Advisory Group and include a statement summarising Safety Advisory Group feedback and how it has been addressed. 

Factors in favour: 

·         A high volume of complaints has been received alleging harm to residential amenity, transport conditions and the environment. The Council considers there is a significant potential for planning harm were an Article 4 Direction not pursued. 

·         Wroxton Motocross would retain the ability to apply for planning permission for temporary uses of land, providing appropriate regulatory oversight. 

Alternative options

Option 1: Make a non-immediate Article 4 Direction unconditionally removing the application of Schedule 2, Part 4 Class B of the Town and Country Planning (General Permitted Development) Order 2015.

This option is rejected because, on balance, a qualified Article 4 Direction would result in a more proportionate approach, recognising the historic nature of the land use and toleration of motor racing activity. A qualified Direction is considered more likely to withstand challenge and therefore maximises the prospects of successful control, as opposed to seeking the full removal of permitted development rights, which would carry a greater risk of failure.

Option 2: Do not make an Article 4 Direction.

This option is rejected because, on balance, the evidence base indicates there is some harm to residential amenity and transport from the current scale and nature of the operation, and, in the absence of a Direction, the Local Planning Authority does not have an effective means to manage the scale and operation of events undertaken under permitted development rights. The Council therefore considers it expedient to make an Article 4 Direction and undertake a statutory consultation.

Option 3: Make an immediate Article 4 Direction.

An immediate Article 4 Direction is considered to be disproportionate. It would give rise also to a significant risk of compensation liability under the GPDO, in respect of abortive expenditure or losses directly attributable to the withdrawal of permitted development rights where such expenditure had already been incurred. This potential liability would arise irrespective of the merits of the Direction and could not be reliably quantified in advance. The Council considers that this exposure represents an unacceptably high financial risk, such an intervention is not necessary  and that the benefit/risk assessment therefore clearly favours a non?immediate approach.