Agenda item

This report asks Members to consider a proposal for the preparation and service of a non-immediate Article 4 direction covering parts of the Heslington Conservation Area and to recommend that Executive approve the proposal.

Members considered a report which asked them to make recommendations to Executive on proposals to prepare and serve a non-immediate Article 4 Direction covering parts of the Heslington Conservation Area, in order to strengthen planning controls and preserve the historical features of buildings in this area.  A map of the area to be covered was attached as Annex A to the report and a draft of the proposed Direction as Annex B.

Service of an Article 4 Direction for the area had been recommended by the Heslington Conservation Area Appraisal in 2009 and requested since 2015 by Heslington Parish Council, which had recently offered £3,000 to fund the preparation and implementation of a Direction.  Of this, £2,000 would come from ward funding, £500 from the parish council and £500 from Heslington Village Trust.

The purpose of an Article 4 Direction was to restrict particular types of development in an area, by requiring planning permission for certain works to private dwellings that would otherwise be classed as permitted development.  Full details were set out in the report.  In Heslington, a recent inspection had indicated that a small number of harmful alterations, such as PVC windows and rooflights, were starting to pose a tangible threat to the historic character of the area and that further controls were warranted.  In response to questions from Members, officers confirmed that:

·        With regard to solar panels, only those on the front of properties would need planning permission; the council was preparing local guidance that would assist with appropriate locations and detailing for these and for double glazing.

·        The Article 4 Direction was intended to protect non-listed historic buildings in the conservation area.

·        A non-immediate direction would remove the risk of compensation and was not considered likely to accelerate developments by giving notice of impending controls.

·        No funding was allocated for ongoing costs or enforcement of the Direction; however, other authorities’ experience indicated that it would not result in an increase in planning applications, with residents encouraged instead to ‘replace like with like’.

·        The Direction would not apply to outbuildings.

After debate in the light of this additional information, and taking into account the representations under Public Participation, it was

Resolved:  (i)      That Executive be recommended to approve the proposal for the preparation and service of a non-immediate Article 4 Direction covering parts of the Heslington Conservation Area, as indicated on the map at Annex A to the report.

                   (ii)      That an update be provided to the Executive meeting on the costs of implementing and enforcing the Direction.

                   (iii)     That officers also provide further information on the number of properties affected by the Direction and how restrictions on solar panels could be mitigated.

                   (iv)    That it be noted that some Members of the Working Group are concerned that the Direction would make the installation of solar panels on affected properties more difficult.

Reasons:   (i)      Due to the convincing justification for strengthening planning control in Heslington Conservation Area, local pressure to do so, and the availability of external funding and adequate resources.

                   (ii)      To ensure that the issues raised by the Working Group during consideration of this proposal are properly addressed.