Decision details

To make an Article 4 Direction taking immediate effect to restrict permitted development under Schedule 2 Part 2 Class A and Schedule 2 Part 4 Class A of the 2015 Order and undertake the procedure to advertise, consult and fulfil the statutory requirements and to consider all relevant representations duly received and confirm within 6 months of making where appropriate in all the circumstances

A routine site inspection of the Land revealed activity which was not consistent with its lawful use as agricultural land. Further searches of title at HMLR Land Registry indicates the sub-division of the Land into separate plots now owned by several separate owners. This is not consistent with the lawful use of the land for agricultural use. The Council is seeking to remove certain permitted development rights through an Article 4 Direction (with immediate effect) under the 2015 Order so that from the Article 4 Direction having effect (immediately) planning permission will be required for Minor Operations and Temporary Buildings. Owners of plots, have already started erecting boundary treatments including fencing and installing metal stakes to demarcate their plots.
Expediency
•Only by the use of the Article 4 direction, and through the requirement for planning permission, can the Council determine a planning application in accordance with the development plan, as well as other material considerations such as the NPPF (National Planning Policy Framework). As such the Article 4 direction meets the legal test in that the Council is “satisfied that it is expedient that development… should not be carried out unless permission is granted…” (2015 Order). By the same measure, the Council is also satisfied that the making of the Article 4 direction is in accordance with the guidance within the National Planning Practice Guidance (NPPG) in being “necessary to protect local amenity or the wellbeing of the area.” The Land is primarily open agricultural grassland bordered in part by trees and hedgerows. The Land is a designated a Berkshire Biodiversity Opportunity Area and is in part a Badger Sett Consultation Zone. There are four veteran trees on the boundaries of the Land. Part of the Land is within the Environment Agency Surface Water Flood Zones 2 and 3 The Land is within a Special Scientific Interest Impact Risk Zone.
As a Valued Landscape the Land is further worthy of protection and enhancement under paragraph 170 (a) of the National Planning Policy Framework 2019 which provides the following:-
“170. Planning policies and decisions should contribute to and enhance the natural and local environment by:
a) protecting and enhancing valued landscapes, sites of biodiversity or geological value and soils (in a manner commensurate with their statutory status or identified quality in the development plan);”
The Council considers that making an immediate direction is necessary as it has come to its attention that the fencing of the plots has already started and other building operations are imminent and are likely to escalate in the near the future. These would create negative visual impacts to the open grassland. The Council is concerned that further fencing and other building operations on the Land may be imminent and as such a 12- month waiting period may be self-defeating and render the Article 4 direction irrelevant.

The option of doing nothing and not making an Article 4 Direction having immediate effect is not considered appropriate in these circumstances, as it would fail to protect the amenity and wellbeing of the area.

None