Agenda item

Members were asked to consider a report which detailed Article 4(1) – Removal of Permitted Development Rights to Demolish (Part11) and to consider confirming without modification.

Officers presented the report and presentation slides, as detailed on pages 132 to 135 main agenda pack.

Members were informed that report proposed the long-term protection of a building, namely the former Severn Trent Building, Alcester Road, Burcot, Bromsgrove, which was considered to be a heritage asset that made a positive benefit to public amenity. The purpose of the Article 4 Direction was to restrict permitted development rights in relation to demolition and to achieve its retention in the longer term.

Article 4 Directions were a means of removing Permitted Development Rights in order for the Local Planning Authority to regain some control over premises. The particular rights being removed should be specified and their removal should be justified in planning terms. It should be done in the public interest. When it was considered expedient to do so, an Article 4 Direction was made which could come into effect immediately and would remain in force for a period of six months. During this time, there was a consultation period whereby interested parties could make representations against or in favour of the Direction. If a decision were not made at the end of the six-month period, the Direction would lapse and would cease to have effect.

Following the consultation period, a decision must be made to either confirm (i.e. make permanent) the Direction or not. If the decision was not to confirm, then the Direction lapsed at the point the decision was made or 6 months from the making of the Direction, whichever was sooner.

Officers explained that as detailed in the report, that on 12th March 2024, an application for the prior approval of the demolition of the building was received under the provisions Schedule 2, Part 11, Class B of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). It was noted that the building was on the draft local list and a heritage asset of merit and thus that planning policy, if it were applied, would seek the retention and reuse of the building. Such matters could not be taken into account in the determination of a prior approval application and, as such, the building was considered to be at risk.

Therefore, on 3^rd April 2024, a Direction was made to remove the permitted development rights in relation to the demolition of the building, this took effect immediately and the application for prior approval was refused on 4^th April 2024 and the applicant was notified accordingly.

Publicity of the Direction was carried out in accordance with the requirements of Schedule 3 (1) of the Town and Country Planning (General Permitted Development) (England) Order 2015 and a consultation period for representations was carried out and ended on 28^th April 2024. The Secretary of State was notified in relation to the Article 4 Direction.

Officers drew Members’ attention to the comments received from the Council’s Conservation Officer and Worcestershire County Council’s Historic Environmental Advisor, as detailed on pages 122 and 123 of the main agenda pack.

Members agreed that the building was an interesting building and of local interest. It was a shame that the building had fallen into disrepair, but it was worth preserving as part of the District’s heritage.

On being put to the vote, it was

RESOLVED that the Article 4(1) Direction and attached plan, as detailed at Appendix 1 to the report, be confirmed without modification.