The test of time

An appellant hoping to obtain a certificate of lawfulness for two proposed outbuildings at a house in Cornwall has failed to persuade an inspector that an Article 4 Direction made in 1969 was no longer of any effect (DCS Number 400-016-266).

The inspector noted that a Direction under Article 4(1) of the Town and Country Planning General Development Order 1963 had been made in April 1969. This removed permitted development rights in respect of householder curtilage buildings, amongst other things. The Direction aligned closely with the boundaries of the conservation area, covering the historic core of the village and the wooded steeply rising slopes which formed an important setting for the historic core. The council considered that any development within this setting was likely to interrupt the unspoilt nature of the valley and compromise the character and appearance of the locality. Planning Practice Guidance confirms that an Article 4 can remain in place once confirmed, the inspector recorded, but that it should be monitored to make sure that the original reasons for using the power remain valid. He agreed with the council that the original reasons remained valid.

The inspector identified the question as being essentially whether the 1969 Direction removed permitted development rights under the Town and Country Planning (General Permitted Development) (England) Order 2015.

The appellant’s position was that the 1963 GDO was no longer in force as it relied on repealed legislation. He maintained that the 1963 GDO was not carried forward to the 2015 GPDO, and it pre-dated the Interpretation Act 1978.

The council pointed out, however, that the 1973 GDO, at Article 20(2), contained a savings provision which indicated that any Directions in force under Article 4 of the 1963-1969 GDOs should continue to have effect. This was repeated in the 1977 GDO at Article 24(2), allowing the 1969 Direction to continue to have effect. The Interpretation Act 1978 ensured continuity in subsequent amendments to the GDO.

The inspector concluded that the council had correctly interpreted the position in respect of the 1969 Direction and he was therefore not persuaded that an Article 4 Direction made under the 1963 GDO was of no effect. Then he had a lie down.

The following DCP section is relevant: 4.345

Leave a Reply

You must be logged in to post a comment.