The authority must also serve a similar notice on the owner and occupier of every dwelling house affected by the direction, unless it considers that it is impracticable to do so (art 6(4),(5)). The direction comes into force in relation to am property on the date on which notice is served on the owner and occupier; where no such notice is served, it comes into force on the date of the newspaper advertisement.

The advertisement procedure should not be the sole method of publicising a direction except where really unavoidable, as the owners and occupiers are then unlikely to become aware of it. It is probably bestin the case of adirection covering a large area to deliver a notice to each dwelling house concerned, addressed to ‘the owner/occupier’, and then to place an advertisement in the paper to comply with the formal requirements. Nor does it matter particularly, in the case of a direction restricting development in Part 1, if a notice is served on a property which, unknown to the authority, has been converted into some use other than a dwelling house — since permitted development rights under that Part would not apply anyway.

The notice served on owners and occupiers will usually be a formal legal document. It should therefore wherever possible be accompanied by a leaflet explaining in simple language what an Article 4 direction is, and why one has been served in this particular case. The draft text of such a leaflet might also be a convenientwayforofficers of an authority to explain to the relevant committee why the direction should be made in the first place.

The authority must then consider any representations made in response to the notices published. It may then confirm the direction, not less than 28 days after the last notice was published and not more than six months after it was made (art 6 (7)—(9)). If the authority does confirm it, it must give notice of the confirmation in the same way that it notified the making of the order. If it does not confirm the order within six months of making it, it will lapse.

It remains to be seen how this procedurewillworkinpractice. No doubt amendments to the Order will be made in due course as experience is gained.

DIRECTIONS UNDER ARTICLE 4(1)

Directions under art 4(1) wifi be needed in any case where an art 4(2) direction cannot be made. They are made as were all directions under the 1988 Order and its predecessors; that is, they require to be approved by the Secretary of State, although in cases of urgency theymay be

made on a provisional basis and approved later. The only exception to this is that art 4(1) directions do not need approval where they relate only to listed buildings

— although it is difficult to imagine many such cases where theywould be needed, since control can normally be exercised through the need for listed building consent to be obtained.

Where a direction is made under art 4(1) in relation to unlisted buildings, the approval of the Secretary of State is still required. This would still apply to:

LI directions restricting permitted development on dwelling houses not fronting onto highways, waterways or open spaces; or

- directions relating to other types of property (for example, restricting the demolition of gates and walls outside buildings converted to flats).

In relation to directions in conservation areas, the current policy of the Secretary of State is set out at para 4.23 of PPG 15. In summary, in those cases in which a direction still requires approval, this is reasonably likely to be forthcoming where:

- the planning authority has undertaken an assessment of the special architectural and historic interest of the conservation area concerned;

- the proposed direction helps to protect features that are key elements in that area, and whose importance to the special interest of the area can be demonstrated;

- there is local support forthe direction; and

LI the direction involves the minimum withdrawal of permitted development rights (in terms of both area and types of development) necessary to achieve its objective.

Policy for Wales is (still!) in Appendix II to WO Circ 61/81.

As with directions under art 4(2), directions under art 4(1) should be restricted to the minimum number of properties and categories of development

— for the reasons stated above, and because the Secretaryof State is otherwise unlikely to approve them. Indeed, much of the comment above on art 4(2) directions applies equally to directions under art 4(1).

When a direction has been drawn up, it must then be sent by the planning authority to the Secretary of State for approval (1995 Order, art 5(1)). When it has been approved, with or without modifications, the authority must then wherever possible notify every owner and occupier of any land affected. The direction takes effect in relation to any property on the date on which it is notified to its owner and occupier (art 5(10)). As with art 4(2) directions, if the

authority considers that individual notification is impracticable, it may as an alternative rely on a notice in the local press; the direction in this case takes effect on the date of the press notice (art 5(15)). Again, as with art 4(2) directions, press notices should not generally be relied upon as the sole means of publicising an order, except where unavoidable.

POSTSCRIPT: APPUCATIONS

AFFECTING HISTORIC PARKS AND GARDENS

The other new development of note in the new General Development Orders concerns registered parks and gardens.

Planning applications fordevelopment affecting any garden or park of special historic interest, registered on the statutory register and classified as Grade I or Grade fl*, must now be notified to English Heritage. This is by virtue of a new requirement, introduced for the first time on 3June 1995, as art 10(1)(o) of the TCP (General Development Procedure) Order 1995.

This requirement does not apply in Wales, astheregistermaintainedbyCadw is non-statutory.

BARGAIN OFFER

STILL AVAilABLE...!

It was noted in Context 43 that the second edition of Charles Mynors’ book Listed buildings and conservation areas was at the printers, following the eventual release of PPG 15. That was written before it became clearthat the directions in Circular 8/87 had not been cancelled by the PPG, and that they would be replaced as part of a partial or total revision of the General Development Order and related secondary legislation; there seemed to be little point in issuing the book until that package was complete. As noted above, the GDOs have now appeared, and the new directions will probably follow not far behind - they are expected “in the spring” of 1995 (which may mean anything). When they in turn fmallyappear, the bookwillfollowwithin weeks. To those who have ordered copies already in response to publicity in Context, many apologies for the delay; your orders are on file and wifi be des- patched as soon as the book is available. In the meanwhile, copies may stifi be ordered from FT Law & Tax (the new name for Longman Law, Tax & Finance), atFreepost, 21-27 Lamb’s Conduit Street, London WCIN 3BR; or ring Freephone 0800 289 618. The price is normally £49.00, but members of the ACO and other readers of Context may obtain a reduction of £4.50: quote reference RK 0081 when ordering.

Charles Mynors

CONTEXT 46

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