Decision Maker: Portfolio Holder for Planning
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Subject
Following concern from councillors and residents as
a result of heritage walls being removed from the Dorchester Conservation Area,
an Article 4 Direction was made on 10th December and notice given on
18 December 2018 covering around 900 properties in the Conservation Area. This
removed specific permitted development rights including the demolition of the
whole or part of any gate, fence, wall or other means of enclosure adjacent to
a highway or public open space. Following the making of the order, public
notices were put up in the area and an eight week public consultation process
was undertaken. The responses along with
officers’ comments are attached at Appendix 1. The purpose of this decision is
to confirm the Article 4 Direction for Dorchester, as otherwise it will lapse 6
months after being made.
For further information link to Planning Committee
report and appendices below:
https://moderngov.dorsetcouncil.gov.uk/ieListDocuments.aspx?CId=428&MId=4281&Ver=4
Reason for Decision
To confirm the Article 4 Direction for the
Dorchester Conservation Area, in order to conserve the public amenity of
specific parts of the Dorchester Conservation area, by preventing loss of
further features which contribute to the character of the conservation area. None of the consultation responses lead
officers to conclude that the order should not be confirmed.
Alternative Options
considered and rejected
Not
to confirm the Article 4 Direction. If the Article 4 Direction is not
confirmed, it will lapse. This is likely to lead to further loss of walls,
gates and other means of enclosure which is likely to harm the conservation
area, as residents would be able to carry this out using permitted development
rights.
Consultees
A report regarding the Article 4 Direction was
taken to the Northern Area Planning Committee in November; the Committee
supported making the Direction. The Portfolio holder for Planning signed the
Executive Decision Notice to make the Direction on 10th December.
This was published on the Council’s website and in the local paper and an eight
week consultation exercise undertaken. Every property covered by the Article 4
Direction was sent the statutory notice and information about the implications
of the Direction, and inviting them to submit comments as part of the
consultation process. Three responses were received which are attached as
Appendix 1.
Budget Implications
Cost
of placing an advert in the local paper to inform people that the Article 4
Direction for the Dorchester Conservation Area has been confirmed. There is a possible risk of compensation
claims, but this did not occur during the duration of the previous Article 4
Direction and it is considered that the risk of this resulting in significant
expenditure is low. There may be an additional cost if letters are sent to all
householders.
Legal
Implications
There
is a risk of legal challenge to the Direction and this is also considered to be
low
To confirm the Article 4 Direction for the Dorchester Conservation Area – the area covered is shown on the plan at Appendix 2 of the report.
Publication date: 02/06/2020
Date of decision: 22/05/2020