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the Town and Country Planning (General Permitted Development) Order 2015 (as amended), until which point the Direction was revoked.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 constraints associated with the Prior Approval only one option, Article 4(1) with immediate effect was achievable. Prior approvals must be determined in 28days. Therefore, an Executive decision was made using emergency powers to impose an Article 4(1) with immediate effect on 15th September 2022.

Unlike regular Article 4 Directions which require consultation in advance of implementation, a Direction with immediate affect requires this consultation to be carried out, for a minimum of 6weeks after it is imposed, but expires at the end of 6months (March 2023) if not confirmed.

This report seeks to confirm the Direction to allow the requirement for planning permission to remain. 6 weeks of consultation were carried out from the 15th September until the end of October 2022. Consultation included a press notice, direct notification of the owner, LCC and the Secretary of State, site notices, and a copy of the Direction and Report was available online on the Council’s website and as a hard copy in the reception of Tedder Hall.

No responses were received. However, the owner’s agent was in regular contact with the Planning Officer and acknowledged that a planning application would now be required and have begun pre-app discussions for the site.

The Louth Civic Trust were pivotal in requesting the council step in to prevent demolition, but did not submit formal comments during the consultation period. They have however kept in touch with the Council for updates and support the continuation of the Article 4 Direction. It may be useful to note that the Louth Civic Trust have also submitted the site for listing. This application was rejected. Had it of been successful there would not have been any need to confirm the Article 4 Direction, as listed buildings do not benefit from permitted development for demolition, and in addition require Listed Building Consent for alterations or extension. However, the Civic Trust have appealed this decision and are currently awaiting a response. This may take months.

Other options:

1.       Do nothing let the Article 4 Direction expire – reverting to Prior Approval for future demolition after 15th March 2023

2.       Serve a “Building Preservation Notice” under Section 3 of the Planning (Listed Building and Conservation Areas) Act 1990 (as amended)  - spot list

3.       Submit for Listing [normal process]  - in process with appeal submitted by Louth Civic Trust

4.       Extend Louth Conservation Area under Section 69 of the Planning (Listed Building and Conservation Areas) Act 1990 (as amended) – to be considered in future

5.       Confirm Article 4(1) under Schedule 3, Article 4(1) 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended)

Preferred option is Option 5 to confirm the Article 4(1) Direction. The listing process (Option 2 and 3) is already in motion but looks unlikely to be implemented. Extending the Conservation Area (Option 4) to include the building remains an option but one which needs more time to consider as it would involve included a number of other properties as well, and further consultation is required.

Therefore Option 5 is considered the most appropriate response to this matter.

The need for planning permission does not prevent demolition, but requires an application for planning permission to be submitted and can be determined having had full consideration of any representations received and the local and national planning policies.