Agenda item

To consider the principle of serving an Article 4(1)(b) Direction (Article 4 Direction) on selected properties identified on the Local Heritage List.

RESOLVED to support the principle of issuing an Article 4 Direction for the Local Heritage List.

Councillor Barker presented a report proposing the adoption of the principle of issuing an Article 4 Direction supporting the Local Heritage List.  She said the intention of this proposal was to create a heritage list of properties throughout Uttlesford, whether or not they were included within a conservation area, or were within a conservation area subject to an existing Article 4 Direction.  The direction of travel was to be in a position to apply a blanket Article 4 Direction across the district to sweep up all of the heritage assets being identified that were considered worthy of protection but did not have listed status.

A number of questions had been raised about particular places within conservation areas.  She said that buildings that were not considered worth listing as heritage assets were unlikely to be worthy of having an Article 4 Direction applied to them.

The purpose of issuing the Direction would be to remove specified permitted development rights from selected properties identified on the Local Heritage List.  The additional controls over alterations and development would apply to all properties on the Local Heritage List within existing Conservation Areas, and outside them, where it was felt necessary to preserve the special character and appearance of the area.  This would allow a more consistent approach to be applied to the management of alterations made to these buildings to help protect their historic, architectural and local importance.

Councillors Redfern, Rolfe, Dean and Lodge each declared a personal interest as occupiers of properties subject to an existing Article 4 Direction.

Councillors raised a number of concerns about the intention of the proposal and the potential for the character of existing conservation areas to be undermined because not all buildings within those areas were subject to strict planning controls.  Councillor Dean thought this conflicted with a policy in the Draft Local Plan about the impact of development both inside and adjacent to conservation areas.

The Director of Public Services clarified that, where planning permission was required for development either within or adjacent to a conservation area, the adopted Local Plan had a policy in place designed to protect the special characteristics of the conservation area.  The emerging Local Plan was looking at the impact of development adjoining a conservation area on the character of the conservation area.

However, some minor developments did not require a planning application to be submitted.  The purpose of the proposed Article 4 Direction was to require planning applications for designated properties to allow the opportunity to consider whether the development protected the character of the conservation area. 

In the existing conservation areas already subject to an Article 4 Direction, restrictions on permitted development rights were quite tightly defined and the scope for development to adversely affect the character of the conservation area was limited.  Other conservation areas were less tightly defined.  It was therefore a question of balance as to whether the extra obligations placed on property owners by additional controls could be justified.

The Conservation Officer provided further commentary on the intention of the proposal to capture the majority of buildings already identified as being of special architectural significance both inside and outside conservation areas.  This would provide wider protection than was presently available across all conservation areas in the district and did not preclude imposing blanket Article 4 protection in the future if additional planning controls were felt to be needed.

Cabinet and other members raised further questions and these were debated at length.  Councillor Howell had seconded the proposal and commented that he was in favour of the broad principles contained in the report.  He was proud of the Council’s position of acting to preserve and protect the very many buildings of special architectural and historic merit in the district, including those outside conservation areas. 

There was full support from Cabinet members for the proposal in the report.  Once it had been prepared, the Article 4 Direction would be referred to the Cabinet for approval, following a period of public consultation.

RESOLVED to support the principle of issuing an Article 4 Direction supporting the Local Heritage List.