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 no-

tice 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 con-

sent 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 devel-

opment 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 architec-

tural and historic interest of the conser-

vation area concerned;

- the proposed direction helps to pro-

tect features that are key elements in that

area, and whose importance to the spe-

cial interest of the area can be demon-

strated;

- 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 even-

tual 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 revi-

sion 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 cop-

ies 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 & Fi-

nance), atFreepost, 21-27 Lamb’s Con-

duit 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 refer-

ence RK 0081 when ordering.

Charles Mynors

CONTEXT 46

33