To confirm an Article 4(1) Direction which was served 15th September with immediate effect.

That confirmation of Option 5 be approved - To confirm the Article 4(1). To remove permitted development rights for Class B (Any building operation consisting of the demolition of a building), and Class C (Any building operation consisting of the demolition of the whole or any part of any gate, fence, wall or other means of enclosure) of Schedule 2, Part 11 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), concerning Land at Former Douglas Electronic Industries Ltd, 55 Eastfield Road, Louth LN11 7AL

A report was presented to retain the requirement for planning permission for the demolition of 55 Eastfield Road Louth LN11 7AL.

It was noted that in July 2022 the Council had received an application for Prior Approval for the demolition of Former Douglas Electronic Industries Ltd, 55 Eastfield Road, Louth LN11 7AL.  The process of Prior Approval only allowed the local planning authority to control of how the site was left, and did not allow the Council to refuse demolition.  After receiving a number of responses from residents opposing its demolition on the grounds that it was a heritage asset, an Executive decision was made using emergency powers to impose an Article 4(1) with immediate effect.  As a result, planning permission was now needed for demolition.  This requirement expired at the end of 6 months (March 2023) if not confirmed.  This report sought to confirm the Direction to allow the requirement for planning permission to remain.

Confirming the Article 4(1) Direction would continue to withdraw the permitted development rights granted by Class B (Any building operation consisting of the demolition of a building), and Class C (Any building operation consisting of the demolition of the whole or any part of any gate, fence, wall or other means of enclosure) of Schedule 2, Part 11 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), until which point the Direction was revoked.

By confirming the Direction, Planning Permission would therefore be required for demolition allowing the proposal to be considered against local and national planning policies.

RESOLVED

That confirmation of Option 5 be approved - To confirm the Article 4(1). To remove permitted development rights for Class B (Any building operation consisting of the demolition of a building), and Class C (Any building operation consisting of the demolition of the whole or any part of any gate, fence, wall or other means of enclosure) of Schedule 2, Part 11 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), concerning Land at Former Douglas Electronic Industries Ltd, 55 Eastfield Road, Louth LN11 7AL

Reasons:

A number of objections were received with regard to an application for Prior Approval for the demolition of the Former Douglas Electronic Industries Ltd, 55 Eastfield Road, Louth LN11 7AL. Application reference: N/105/01648/22. The objections raised identified the building as a heritage asset, worthy of proper consideration in the planning process. Having reviewed the information available which is set out later in this report, the Council agreed that the building is a non-designated heritage asset and as such should be a material planning consideration. 

Prior Approval does not give the council the ability to consider the proposal against local and national planning policy. Nor can it prevent the demolition. For the site to be considered against policy, permitted development rights would need to be removed in order to require a full application for the demolition.

A number of options were available to restrict permitted development rights but given the time  ...  view the full minutes text for item 76