Article 4 Direction concerning 1073 Lincoln Road, Peterborough

Proposal

This consultation is to seek views about whether to confirm the emergency Article 4 Direction removing the certain 'permitted development' rights for 1073 Lincoln Road, Peterborough as detailed below.

The wording of the emergency Direction, which is in force for six months or until the Direction is confirmed or rejected by the Planning and Environment Committee, is below.

Wording of the emergency Article 4 Direction

The wording of the emergency Article 4 Direction is as follows:

TOWN AND COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) (ENGLAND) ORDER 2015

DIRECTION MADE UNDER ARTICLE 4(1) TO WHICH ARTICLE 6 APPLIES

WHEREAS THE COUNCIL OF THE CITY OF PETERBOROUGH being the appropriate local planning authority within the meaning of article 4(5) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (‘the Order’) is satisfied that it is expedient that development of the description set out in the Schedule below should not be carried out on the land known as 1073 Lincoln Road, Peterborough, PE4 6AR (‘the Land’) shown edged red on the attached plan unless planning permission is granted on an application made to the local planning authority under Part III of the Town and Country Planning Act 1990 (as amended).

NOW THEREFORE the said Council in pursuance of the power conferred on them by article 4(1) of the Order hereby direct that the permission granted by Article 3 of the said Order shall not apply to development on the Land of the description set out in the Schedule below.

THIS DIRECTION is made under article 4(1) of the Order and in accordance with paragraph 2 of Schedule 3 of the Order shall come into force with immediate effect on the date of this Direction.

THIS DIRECTION is made under article 4(1) of the said Order and, in accordance with paragraphs 2(5) and 2(6) of Schedule 3, shall remain in force until the 22^nd of November (being six months from the date of this Direction) and shall then expire unless it has been confirmed by the appropriate local planning authority in accordance with paragraphs 1(9) and 1(10) of Schedule 3 before the end of the six-month period.

Schedule

Any building operation consisting of alterations, being development comprised within Part 1 (development within the curtilage of a dwelling house of Schedule 2 and any building operation consisting of the demolition of a building, being development comprised within Part 11 Class B (demolition) of Schedule 2 to the said Order and not being development comprised within any other Class

How it works in practice

Once an Article 4 Direction is in operation, planning permission will be required to demolish the dwelling or make any changes to any elevations. We will then publicise that planning application in the normal way, for a minimum of 21 days. Once the closing date has been reached for comments relating to a planning application, we will take all relevant planning issues into account, and either grant or refuse planning permission. We have targets to determine these types of planning applications within eight weeks.

If planning permission is refused, the Council has to give reasons. The owner may appeal against the Council’s decision to refuse planning permission, and the Secretary of State will then decide whether the development can go ahead. There is no third party right of appeal, which means that if planning permission is granted, the only way to challenge the decision is through the Court. This is the same for almost every type of planning application, which means that the planning department is familiar with the process and will be able to manage the planning applications that arise as a result of the Article 4 Direction.

Consultation process

This consultation runs until Friday 14 July 2023.

We have put site notices up in public places and have placed an advertisement in the Peterborough Telegraph.

You can view a paper copy of the documentation during office hours (Monday to Friday, 9am to 5pm) at:

Sand Martin House
Bittern Way
Peterborough
PE2 8TY

How to respond to the consultation

• Email your comments to Daniel.Worley@peterborough.gov.uk
• Obtain a paper feedback form from Sand Martin House during office hours

We may not accept late representations.

After the consultation

Once the consultation has closed, we will consider all representations. The Planning and Environment Committee will decide whether to confirm the Direction with or without amendments.