- Map and guidelines
- Article 4(2) Direction – Castle Rd, Garden Lane, Great Southsea Street, Kent Rd, Regent Place, St Edwards Rd & Southsea Terrace
- Article 4(2) Direction – Worsley Rd, Pelham Rd & The Retreat
- Article 4(2) Direction – St Edwards Rd & Yarborough Rd
- Article 4(2) Direction – Wilberforce Rd
Conservation area number 12: Castle Road
Area of Georgian and Victorian buildings, many converted from commercial use into housing.
Map and guidelines
Notice of confirmation of direction under article 4(2) Portsmouth City Council
Castle Rd, Garden Lane, Great Southsea Street, Kent Rd, Regent Place, St Edwards Rd & Southsea Terrace
In this section
Notice of confirmation
Notice of confirmation of Direction under Article 4(2) of General Permitted Development Order 1995
Map showing Conservation Area 12
Notice of Confirmation letter – Letter 16 November 1998
Copy of Confirmation used in Public Notice
Copy of Public Notice Friday 20 November 1998
Direction under Article 4(2)
Direction under Article 4(2) of General Permitted Development Order 1995 restricting permitted development
Copy of Article 4(2) direction
Copy of Notice of making article 4(2) direction
Copy of Notification Letter 3 September 1998
Copy of Press Notice 11 September 1998
List of Background papers supporting the Report to the Planning committee
Copy of Report to: Planning committee – 28 October 1998
Copy of Letter Re: Kent Road (3), (2), (1)
Copy of Letter Re: Castle Road (4), (3), (2), (1)
Copy of Letter Re: Great Southsea Street (3), (2), (1)
Houses in Castle Road and Great Southsea Street – November 1997 – Property Database C/TAX
List of Background papers
Copy of Report to: Planning committee – 29 July 1998
Additional Information (Planning committee July 98)
Housing inspections
18 August 1997
19 August 1997
30 September 1997
02 October 1997
23 October 1997
27 October 1997
Actions
Actions/responses taken
Post Article 4(2) Queries / responses
Copy of Letter Re: St Edwards Road (1), (2)
Copy of Letter Re: Garden Lane
Copy of Map of properties included in Direction
Copy of Map (shaded)
Copy of ‘The News, Saturday 25-7-98’ article
Town and country planning act 1990 general permitted development order 1995
Notice of confirmation of Direction under Article 4(2) of General Permitted Development Order 1995
NOTICE IS GIVEN that Portsmouth City Council has confirmed the Direction under Article 4(2) of the General Permitted Development Order 1995. The Direction was made on 3 September 1998 and confirmed by the Local Planning Authority on 28 October 1998.
The direction applies to:
1 .The replacement of windows and doors on front elevations (Class A of Part 1 of Schedule 2 of the Order).
2. The removal / alteration of chimney stacks (Class A of Part 1 of Schedule 2 of the Order and Class A of Part 31 of Schedule 2 of the Order).
3. The replacement of the roof cladding on the main elevation fronting a highway (Class C of Part 1 of Schedule 2 of the Order).
4. The alteration or demolition of front boundary walls / gates / railings. (Class A of Part 2 of Schedule 2 of the Order and Class B of Part 31 of Schedule 2 of the Order).
In:
12, 16, 30, 46, 60c, 66a, 68 -74 (even nos), 82 / 84, 90 Castle Road,
13, 15, 19 – 27 (odd nos), 31 – 35 (odd nos), Castle Road,
18, 19 Garden Lane,
1-21(odd nos), 27 -35 (odd nos), Great Southsea Street,
20 -28 (even nos), 38, 40 Great Southsea Street,
15, 17, 23 Kent Road,
2, Myrtle Cottage, Regent Place,
2 -16 (even nos), St Edwards Road
54, 55 Southsea Terrace,
THE EFFECT of the Direction is that the permission granted by Article 3 of the General. Permitted Development Order 1995 shall not apply to such development and such development shall not be carried out within that area unless planning permission is granted by the council
Dated: 10 November 1998
Signed –
Duly authorised officer of the Council
Map used in Article 4(2) Direction – Castle Rd, Garden Lane, Great Southsea Street, Kent Rd, Regent Place, St Edwards Rd & Southsea Terrace
Notice of Confirmation letter
PLANNING SERVICE
Civic Offices, Guildhall Square, Portsmouth, P01 2AU
Telephone: 01705 834310 Fax: 01705 834660
Our Ref: RAC/A4(2)CAl2(west)
16 November 1998
Dear Owner/ occupier
ARTICLE 4(2) DIRECTION – CONSERVATION AREA 12 – CASTLE ROAD, SOUTHSEA
As you are aware, your property is covered by what is called an Article 4(2) Direction. The effect of the Direction is that if you wish to:-
- replace windows or doors on the front elevation of your property;
- remove or alter the chimney stack;
- replace the cladding on the roof of your property fronting the highway; or
- alter the front boundary wall/ gate/ railings
An application for planning permission must be made to the Local Planning Authority City Council.
This letter is to formally tell you that the Direction has been confirmed by the City Council Planning Services Committee, however in effect this does not alter the present situation with regard to what requires planning permission.
The City Council has made funds available for grant aid towards certain works to your property for the reinstatement or repair of traditional features on your property, such as timber sash windows or natural Welsh Slate. 20% of the eligible works, up to a maximum of £1000, may be available.
If you have any queries relating to the Article 4(2) Direction or Historic Building grants, please contact do not hesitate to contact me.
Yours faithfully
Bob Colley
Planning Officer
Copy of Confirmation used in Public Notice
NOTICE OF CONFIRMATION OF DIRECTION UNDER ARTICLE 4(2) PORTSMOUTH CITY COUNCIL
TOWN AND COUNTRY PLANNING ACT 1990 GENERAL PERMITTED DEVELOPMENT ORDER 1995
Notice of confirmation of Direction under Article 4(2) of General Permitted Development Order 1995
NOTICE IS GIVEN that Portsmouth City Council has confirmed the Direction under Article 4(2) of the General Permitted Development Order 1995. The Direction was made on 3 September 1998 and confirmed by the Local Planning Authority on 28 October 1998.
The direction applies to:
- 1 The replacement of windows and doors on front elevations (Class A of Part 1 of Schedule 2 of the Order).
- 2 The removal / alteration of chimney stacks (Class A of Part 1 of Schedule 2 of the Order and Class A of Part 31 of Schedule 2 of the Order).
- 3 The replacement of the roof cladding on the main elevation fronting a highway (Class C of Part 1 of Schedule 2 of the Order).
- 4 The alteration or demolition of front boundary walls / gates / railings. (Class A of Part 2 of Schedule 2 of the Order and Class B of Part 31 of Schedule 2 of the Order).
In:
12, 16, 30, 46, 60c, 66a, 68 -74 (even nos), 82 / 84, 90 Castle Road,
13, 15, 19 – 27 (odd nos), 31 – 35 (odd nos), Castle Road,
18, 19 Garden Lane,
1-21(odd nos), 27 -35 (odd nos), Great Southsea Street,
20 -28 (even nos), 38, 40 Great Southsea Street,
15, 17, 23 Kent Road,
2, Myrtle Cottage, Regent Place,
2 -16 (even nos), St Edwards Road
54, 55 Southsea Terrace,
THE EFFECT of the Direction is that the permission granted by Article 3 of the General Permitted Development Order 1995 shall not apply to such development and such development shall not be carried out within that area unless planning permission is granted by the council
Copy of Public Notice Friday 20 November 1998
NOTICE OF CONFIRMATION OF DIRECTION UNDER ARTICLE 4(2) PORTSMOUTH CITY COUNCIL
TOWN AND COUNTRY PLANNING ACT 1990 GENERAL PERMITTED DEVELOPMENT ORDER 1995
NOTICE OF CONFIRMATION OF DIRECTION UNDER ARTICLE 4(2) OF GENERAL PERMITTED DEVELOPMENT
ORDER 1995
NOTICE IS GIVEN that Portsmouth City Council has confirmed the Direction under Article 4(2) of the General Permitted Development Order 1995. The Direction was made on 3 September 1998 and confirmed by the Local Planning Authority on 28 October 1998.
The direction applies to:
1 The replacement of windows and doors on front elevations (Class A of Part l of Schedule 2 of the Order)
2 The removal / alteration of chimney stacks (Class A of Part 1 of Schedule 2 of the Order and Class A of Part 31 of Schedule 2 of the Order).
3 The replacement of the roof cladding on the main elevation fronting a highway (Class C of Part 1 of Schedule 2 of the Order).
4 The alteration or demolition of front boundary walls/gates/ railings. (Class A of Part 2 of Schedule 2 of the Order and Class B of Part 31 of Schedule 2 of the Order).
In:
12, 16, 30, 46, 60c, 66a, 68-74 (even nos), 82 /84, 90 Castle Road,
13, 15, 19 – 27 (odd nos), 31 – 35 (odd nos), Castle Road, 18, 19 Garden Lane,
1-21 (odd nos), 27 – 35 (odd nos), Great Southsea Street, 20 – 28 (even nos), 38, 40 Great Southsea Street,
15, 17, 23 Kent Road,
2, Myrtle Cottage, Regent Place,
2 – 16 (even nos), St Edwards Road,
54, 55 Southsea Terrace,
THE EFFECT of the Direction is that the permission .granted by Article 3 of the General Permitted Development Order 1995 shall not apply to such development and such development shall not be carried out within that area unless planning permission is granted by the council.
Copy of Article 4(2) Direction Seal - 3.9.98
ARTICLE 4(2) DIRECTION
PORTSMOUTH CITY COUNCIL
TOWN AND COUNTRY PLANNING ACT 1990 GENERAL PERMITTED DEVELOPMENT ORDER 1995
Direction under Article 4(2) of General Permitted Development Order 1995 restricting permitted development
RECITALS
- Portsmouth City Council (‘The Council’) is the local planning authority in respect of the land referred to in the First Schedule to this Direction.
- The Council is satisfied that it is expedient that the development described in the Second Schedule to the General Permitted Development Order 1995 (‘ The Order’) and specified in this Direction should not be carried out unless permission is granted for it on an application.
- The Council is further satisfied that development as specified in the Second Schedule to this Direction would constitute a threat to the amenities of their area.
NOW THEREFORE the Council in pursuance of article 4(2) of the Order and all other powers thereby enabling
DIRECTS THAT
- The permission granted by article 3 of the Order shall not apply to development specified in the Second Schedule to this Direction in respect of the land specified in the First Schedule to this Direction (‘the Land’).
- Pursuant to articles 4(2) and 6 of the Order, this Direction does not require the approval of the Secretary of State because it relates to certain categories of permitted development rights in a conservation area.
- This Direction shall, in accordance with Article 6(7) of the Order remain in force for a period of six months and will then expire unless it has been approved by the council before that date.
- This Direction shall, in accordance with Article 6(3) of the Order, come into force in respect of any Land on the date on which the Notice of the making of the Direction is served on the occupier of the land, or if there is no occupier, the owner.
FIRST SCHEDULE
All those properties shown hatched on the map attached hereto being in Southsea, Portsmouth and more particularly described as
12, 16, 30, 46, 60c, 66a, 68 -74 (even nos), 82 / 84, 90 Castle Road,
13, 15, 19 – 27 (odd nos), 31 – 35 (odd nos), Castle Road, 18, 19 Garden Lane,
1-21(odd nos), 27 -35 (odd nos), Great Southsea Street,
20 -28 (even nos), 38, 40 Great Southsea Street,
15, 17, 23 Kent Road,
2, Myrtle Cottage, Regent Place,
2 -16 (even nos), St Edwards Road
54, 55 Southsea Terrace,
SECOND SCHEDULE
All references are to the General Permitted Development Order 1995 ( ‘the Order’)
- The replacement of windows and doors on front elevations (Class A of Part 1 of Schedule 2 of the Order).
- The removal / alteration of chimney stacks (Class A of Part 1 of Schedule 2 of the Order and Class A of Part 31 of Schedule 2 of the Order).
- The replacement of the roof cladding on the main elevation fronting a highway (Class C of Part 1 of Schedule 2 of the Order).
- The alteration or demolition of front boundary walls/gates/railings. (Class A of Part 2 of Schedule 2 of the Order and Class B of Part 31 of Schedule 2 of the Order).
GIVEN UNDER THE COMMON SEAL of Portsmouth City Council
this 3rd day of September 1998
Authorised Signatory
SEAL REGISTRY No. 62510
ARTICLE 4(2) DIRECTION PORTSMOUTH CITY COUNCIL
TOWN AND COUNTRY PLANNING ACT 1990 GENERAL PERMITTED DEVELOPMENT ORDER 1995
Direction under Article 4(2) of General Permitted Development Order 1995 restricting permitted development
RECITALS
- Portsmouth City Council (‘The Council’) is the local planning authority in respect of the land referred to in the First Schedule to this Direction.
- The Council is satisfied that it is expedient that the development described in the Second Schedule to the General Permitted Development Order 1995 (‘The Order’) and specified in this Direction should not be carried out unless permission is granted for it on an application.
- The Council is further satisfied that development as specified in the Second Schedule to this Direction would constitute a threat to the amenities of their area.
NOW THEREFORE the Council in pursuance of article 4(2) of the Order and all other powers thereby enabling
DIRECTS THAT
- The permission granted by article 3 of the Order shall not apply to development specified in the Second Schedule to this Direction in respect of the land specified in the First Schedule to this Direction (‘the Land’).
- Pursuant to articles 4(2) and 6 of the Order, this Direction does not require the approval of the Secretary of State because it relates to certain categories of permitted development rights in a conservation area.
- This Direction shall, in accordance with Article 6(7) of the Order remain in force for a period of six months and will then expire unless it has been approved by the council before that date.
- This Direction shall, in accordance with Article 6(3) of the Order, come into force in respect of any Land on the date on which the Notice of the making of the Direction is served on the occupier of the land, or if there is no occupier, the owner. [If the council consider that individual service on the owners or occupiers of the Land is impracticable because it is difficult to identify or locate one or more of them, the Council shall publish a notice of the making of the Direction in a newspaper circulating in the locality in which the Land is situated and, in accordance with article 6(3) of the order the Direction shall come into effect on the date on which the notice is first served.]
FIRST SCHEDULE
All those properties shown hatched on the map attached hereto being in Southsea, Portsmouth and more particularly described as
4, 12, 16, 30, 46, 60c, 64, 66a, 68 -74 (even nos), 82 / 84, 90 Castle Road, 13, 15, 19 -35 (odd nos), Castle Road,
18, 19 Garden Lane,
1-21 odd nos, 27 -35 (odd nos), Great Southsea Street,
20 -28 (even nos), 38, 40 Great Southsea Street,
15, 17, 23 Kent Road,
2, Myrtle Cottage, Regent Place,
2 -16 (even nos), St Edwards Road
54, 55 Southsea Terrace,
SECOND SCHEDULE
All references are to the General Permitted Development Order 1995 ( ‘the Order’)
- The replacement of windows and doors on front elevations. (Class A of Part l of Schedule 2 of the Order).
- The removal / alteration of chimney stacks ( Class A of Part 1 of Schedule 2 and Class A of Part 31 of Schedule 2 of the Order).
- The replacement of the roof cladding on the main elevation fronting a highway. (Class C of Part 1 of Schedule 2 of the Order).
- The alteration or demolition of front boundary walls/gates/railings. (Class A of Part 2 of Schedule 2 and Class B of Part 31, of the Order).
GIVEN UNDER THE COMMON SEAL of Portsmouth City Council
this day of 1998
Copy of Notice of making article 4(2) direction
NOTICE OF MAKING ARTICLE 4(2) DIRECTION PORTSMOUTH CITY COUNCIL
Town and Country Planning Act 1990 General Permitted Development Order 1995
Notice of making Direction under Article 4(2) of General Permitted Development Order 1995
PORTSMOUTH CITY COUNCIL GIVES YOU NOTICE as owner/occupier of the land described in the First Schedule to this Notice (‘the Land’) that the Council have made a Direction under Article 4(2) of the General Permitted Development Order 1995.
The Direction relates to development of the type specified in the Second Schedule to this notice within the area described in the First Schedule to this Notice.
The effect of the Direction is that permission granted by Article 3 of the General Permitted Development Order 1995 shall not apply to development of the type specified in the Second Schedule to this Notice and that such development shall not be carried out on the land unless planning permission is granted by the Council or an application made to them.
A copy of the Direction and of the map defining the area of land covered by it may be seen at the office of the Council and Southsea Library, Elm Grove during normal office hours.
Representations may be made to the Council about the Direction by writing to the City Planning Officer, Planning Service, Civic Offices, Guildhall Square, Portsmouth, P01 2AU. Representations must be received by 2 October 1998.
The Direction comes into effect in relation to the Land on the date this Notice is served on you if you are the occupier, or if you are the owner, on the date this Notice is served on the occupier, if there is one.
FIRST SCHEDULE
12, 16, 30, 46, 60c, 66a, 68 -74(even nos), 82 / 84, 90 Castle Road, Southsea
13, 15, 19 – 27(odd nos), 31 -35 (odd nos), Castle Road, Southsea 18, 19 Garden Lane, Southsea
1-21 (odd nos), 27 -35(odd nos), Great Southsea Street, Southsea 20 -28 (even nos), 38, 40 Great Southsea Street, Southsea
15, 17, 23 Kent Road, Southsea
2, Myrtle Cottage, Regent Place, Southsea
2 -16 (even nos), St Edwards Road, Southsea
54, 55 Southsea Terrace, Southsea
SECOND SCHEDULE
All references are to the General Permitted Development Order 1995 ( ‘the Order’)
- The replacement of windows and doors on front elevations (Class A of Part 1 of Schedule 2 of the Order).
- The removal / alteration of chimney stacks (Class A of Part 1 of Schedule 2 of the Order and Class A of Part 31 of Schedule 2 of the Order).
- The replacement of the roof cladding on the main elevation fronting a highway (Class C of Part 1 of Schedule 2 of the Order).
- The alteration or demolition of front boundary walls/gates/railings (Class A of Part 2 of Schedule 2 of the Order and Class B of Part 31 of Schedule 2 of the Order).
Dated: 2 September 1998 Signed
Duly authorised Officer of the Council
NOTICE OF MAKING ARTICLE 4(2) DIRECTION PORTSMOUTH CITY COUNCIL
TOWN AND COUNTRY PLANNING ACT 1990 GENERAL PERMITTED DEVELOPMENT ORDER 1995
NOTICE OF MAKING DIRECTION UNDER ARTICLE 4(2) OF GENERAL PERMITTED DEVELOPMENT ORDER 1995
PORTSMOUTH CITY COUNCIL GIVES NOTICE that the Council that the Council have made a Direction under Article 4(2) of the General Permitted Development Order 1995.
The Direction relates to development of the type specified in the Second Schedule to this notice within the area described in the First Schedule to this Notice.
The effect of the Direction is that permission granted by Article 3 of the General Permitted Development Order 1995 shall not apply to development of the type specified in the Second Schedule to this Notice and that such development shall not be carried out on the land unless planning permission is granted by the Council or an application made to them.
A copy of the Direction and of the map defining the area of land covered by it may be seen at the office of the Council and Southsea Library, Elm Grove during normal office hours.
Representations may be made to the Council about the Direction by writing to the City Planning Officer, Planning Service, Civic Offices, Guildhall Square, Portsmouth, P01 2AU. Representations must be received by 2 October 1998.
The Direction came into effect in relation to the Land on 2 September 1998.
FIRST SCHEDULE
12, 16, 30, 46, 60c, 66a, 68 -74 (even nos), 82 / 84, 90 Castle Road, Southsea
13, 15, 19 -27 (odd nos), 31 – 35 (odd nos), Castle Road, Southsea 18, 19 Garden Lane, Southsea
1-21 (odd nos), 27 -35 (odd nos), Great Southsea Street, Southsea 20 -28 (even nos), 38, 40 Great Southsea Street, Southsea
15, 17, 23 Kent Road, Southsea
2, Myrtle Cottage, Regent Place, Southsea
2 -16 (even nos), St Edwards Road, Southsea
54, 55 Southsea Terrace, Southsea
SECOND SCHEDULE
All references are to the General Permitted Development Order 1995 ( ‘the Order’)
- The replacement of windows and doors on front elevations (Class A of Part 1 of Schedule 2 of the Order).
- The removal / alteration of chimney stacks (Class A of Part 1 of Schedule 2 of the Order and Class A of Part 31 of Schedule 2 of the Order).
- The replacement of the roof cladding on the main elevation fronting a highway (Class C of Part 1 of Schedule 2 of the Order).
- The alteration or demolition of front boundary walls/gates/railings (Class A of Part 2 of Schedule 2 of the Order and Class B of Part 31 of Schedule 2 of the Order).
Copy of Notification Letter - 3.9.98
PLANNING SERVICE
Civic Offices, Guildhall Square, Portsmouth, P01 2AU
Telephone: 01705 834310 Fax: 01705 834660
Our Ref: RAC/A4(2)CAl2(west)
3 September 1998
Dear owner/ occupier
ARTICLE 4(2) DIRECTION – CONSERVATION AREA 12 – CASTLE ROAD, SOUTHSEA
Following the public consultation exercise carried out earlier this year, the Planning Committee decided to progress with the Article 4(2) Direction for the western part of the Castle Road conservation area The aim of the Direction is to help towards conserving the character that makes your area special.
The attached legal notice informs you that the Article 4(2) Direction has been placed on your property with immediate effect. In practical terms this means that from 2 September 1998 if you wish to:-
- replace windows or doors on the front elevation of your property;
- remove or alter the chimney stack;
- replace the cladding on the roof of your property fronting the highway; or
- alter the front boundary wall / gate / railings
An application for planning permission must be made to the City Council Planning Service. Please note that this Direction does not affect any alterations that have already taken place nor does it affect repairs to the property. If you are in any doubt, it is best to contact the Planning Service for advice.
The City Council has made funds available for grant aid towards certain works to your property for the reinstatement or repair of traditional features on your property, such as timber sash windows. Please contact us if you would like more information or a historic buildings grant application form.
There is now another opportunity to express your views. Please let us know whether or not you support this Direction so that your views can be taken into account. Any letters should be sent to the City Planning Officer by 2 October 1998. I will then report any comments to the Planning Committee so that they can decide whether to confirm the Direction.
If you have any queries, please contact do not hesitate to contact me.
Yours faithfully
Bob Colley
Senior Planning Officer
Copy of Press Notice 11.9.98
NOTICE OF MAKING 4RTICLE 4(2) DIRECTION
PORTSMOUTH CITY COUNCIL
TOWN AND COUNTRY PLANNING ACT 1990 GENERAL PERMITTED DEVELOPMENT ORDER 1995
NOTICE OF MAKING DIRECTION UNDER ARTICLE 4(2) GENERAL PERMITTED DEVELOPMENT ORDER 1995
PORTSMOUTH CITY COUNCIL GIVES NOTICE that the Council have made a Direction under Article 4(2) of the General Permitted Development Order 1995.
The Direction relates to development of the type specified in the Second Schedule to this notice within the area described in the First Schedule to this Notice.
The effect of the Direction is that permission granted by Article 3 of the General Permitted Development Order 1995 shall not apply to development of the type specified in the Second Schedule to this Notice and that such development shall not be carried out on the land unless planning permission is granted by the Council or an application made to them.
A copy of the Direction and of the map defining the area of land covered by it may be seen at the office of the Council and Southsea Library, Elm Grove during normal office hours.
Representations may be made to the Council about the Direction by writing to the City Planning Officer, Planning Service, Civic Offices, Guildhall Square, Portsmouth, P01 2AU. Representations must be received by 2 October 1998.
The Direction came into effect in relation to the Land on 2 September 1998.
FIRST SCHEDULE
12, 16, 30, 46, 60c, 66a, 68-74 (even nos), 82/84, 90 Castle Road, Southsea
13, 15, 19-27 (odd nos), 31-35 (odd nos), Castle Road, Southsea
18, 19 Garden Lane, Southsea
1-21 (odd nos), 27-35 (odd nos). Great Southsea Street, Southsea 20-28 (even nos), 38, 44) Great Southsea Street, Southsea
15, 17, 23 Kent Road, Southsea
2, Myrtle Cottage, Regent Place, Southsea 2-16 (even nos), St Edwards Road, Southsea 54, 55 Southsea Terrace, Southsea
SECOND SCHEDULE
All references are to the General Permitted Development Order 1995 (`the Order’)
- The replacement of windows and doors on front elevations (Class A of Part 1 of Schedule 2 of the Order).
- The removal / alteration of chimney stacks (Class A of Part 1 of Schedule 2 of the Order and Class A of Part 31 of Schedule 2 of the Order).
- The replacement of the roof cladding on the main elevation fronting a highway (Class C of Pan 1 of Schedule 2 of the Order).
- The alteration or demolition of front boundary walls/gates/railings (Class A of Part 2 of Schedule 2 of the Order and Class B of Part 31 of Schedule 2 of the Order).
Comparison to Press Notice
NOTICE OF MAKING ARTICLE 4(2) DIRECTION PORTSMOUTH CITY COUNCIL
TOWN AND COUNTRY PLANNING ACT 1990 GENERAL PERMITTED DEVELOPMENT ORDER 1995
NOTICE OF MAKING DIRECTION UNDER ARTICLE 4(2) OF GENERAL PERMITTED DEVELOPMENT ORDER 1995
PORTSMOUTH CITY COUNCIL GIVES NOTICE that the Council that the Council have made a Direction under Article 4(2) of the General Permitted Development Order 1995.
The Direction relates to development of the type specified in the Second Schedule to this notice within the area described in the First Schedule to this Notice.
The effect of the Direction is that permission granted by Article 3 of the General Permitted Development Order 1995 shall not apply to development of the type specified in the Second Schedule to this Notice and that such development shall not be carried out on the land unless planning permission is granted by the Council or an application made to them.
A copy of the Direction and of the map defining the area of land covered by it may be seen at the office of the Council and Southsea Library, Elm Grove during normal office hours.
Representations may be made to the Council about the Direction by writing to the City Planning Officer, Planning Service, Civic Offices, Guildhall Square, Portsmouth, P01 2AU. Representations must be received by 2 October 1998.
The Direction came into effect in relation to the Land on 2 September 1998.
FIRST SCHEDULE
12, 16, 30, 46, 60c, 66a, 68 -74 (even nos), 82 / 84, 90 Castle Road, Southsea
13, 15, 19 -27 (odd nos), 31 – 35 (odd nos), Castle Road, Southsea 18, 19 Garden Lane, Southsea
1-21 (odd nos), 27 -35 (odd nos), Great Southsea Street, Southsea 20 -28 (even nos), 38, 40 Great Southsea Street, Southsea
15, 17, 23 Kent Road, Southsea
2, Myrtle Cottage, Regent Place, Southsea
2 -16 (even nos), St Edwards Road, Southsea
54, 55 Southsea Terrace, Southsea
SECOND SCHEDULE
All references are to the General Permitted Development Order 1995 ( ‘the Order’)
- The replacement of windows and doors on front elevations (Class A of Part 1 of Schedule 2 of the Order).
- The removal / alteration of chimney stacks (Class A of Part 1 of Schedule 2 of the Order and Class A of Part 31 of Schedule 2 of the Order).
- The replacement of the roof cladding on the main elevation fronting a highway (Class C of Part 1 of Schedule 2 of the Order).
- The alteration or demolition of front boundary walls/gates/railings (Class A of Part 2 of Schedule 2 of the Order and Class B of Part 31 of Schedule 2 of the Order).
Copy of Report to: Planning committee - 28 October 1998
CITY OF PORTSMOUTH
REPORT TO: PLANNING COMMITTEE – 28 OCTOBER 1998
REPORT BY: CITY PLANNING OFFICER
PREPARED BY: BOB COLLEY
CONFIRMATION OF ARTICLE 4(2) DIRECTION :
CASTLE ROAD CONSERVATION AREA ( WESTERN PART)
Purpose
To consider confirmation of the Article 4(2) Direction – Castle Road – western part shown on the attached plan.
Recommended
It is recommended that the City Council confirm the Article 4(2) Direction
Background
The Article 4(2) Direction is to control the inappropriate replacement of windows, doors, and roof coverings on the front elevation of each property, and the demolition of chimney stacks and front boundary walls/railings/gates. The previous informal public consultation exercise resulted in 18 comments slips being returned in favour of the proposal, and 1 opposing the proposal.
The Direction came into effect on 2 September 1998, and notice of the direction was served upon the affected properties and advertised in The News. Copies of the Direction were available at The Civic Offices and at Southsea Library, Elm Grove.
Residents were invited to comment in writing before 2 October. Two letters of support and one objection have been received. The proposed Direction attracted favourable comment in an article in The News dated 25 July.
One letter of support from a resident comments that the proposal was not a moment too soon, and hopes that it will be vigorously enforced. The second letter from the Chair of the Castle Road Association welcomes the Direction, also regrets that it was not made sooner, and expresses concern about alterations to business properties. Businesses and flats cannot be included in the Direction, but require planning permission for material changes to their external appearance.
The letter of objection is from the owner of 17 Kent Road who has installed UPVC casement windows on the 2nd and 3rd floors of the front elevation, and intended to install similar windows in the future on the ground and 1st floors. He comments that he did not receive the initial consultation leaflet, so he did not know of the Direction until the notice was served. He informs us that he is under contract to the UPVC window contractor to supply further windows.
The owner was advised that any future work would require planning permission, and that he should consider submitting an application. It was also suggested that he contact the window company to find out if they could supply sash style windows
I am assured that the leaflet was delivered to all affected properties by the Direction including No 17. This house adjoins a terrace of listed buildings, and the proposed work is very much that which the direction was intended to control. The windows which have already been fitted are at high level, and are perhaps less obtrusive for that reason. The proposed future windows would be at first floor bay and ground floor level so that they would be much more visible.
The Direction can either be confirmed or allowed to lapse after six months. The Direction has received a generally favourable reaction from residents, and as such it is recommended that the Article 4(2) Direction be confirmed.
Control and Environment Manager
Copy of Letter Re: Kent Road (3)
PLANNING SERVICE
Civic Offices, Guildhall Square, Portsmouth, PO1 2AU
Telephone: 01705 834310 Fax: 01705 834660
Our Ref: CON 12/RAC c.c.DA 21058
8 October 1998
Mr Hibberd
17 Kent Road
Southsea
Hampshire
P05 3EG
Dear Mr Hibberd
ARTICLE 4(2) DIRECTION -17 KENT ROAD, SOUTHSEA
Thank you for your letter and E mail which I have treated as an objection to the Article 4(2) Direction.
I am preparing a report for committee concerning the confirmation of the Direction, and I will report your letter to them. I am currently intending to report to the next meeting of the Planning Committee on 28th October.
The Town and Country Planning (General Permitted Development) Order 1995 sets out the extent of ‘permitted development’, and of restrictions on the extent of permitted development such as Article 4(2)Directions.
I note your comments about your contractural situation with the window manufacturer, and it may be worth exploring with them whether they can supply windows that would match the existing windows.
I enclose application forms for planning permission with explanatory notes. There is no fee for a planning application where permission is required as a consequence of an Article 4(2) Direction.
Yours sincerely
Bob Colley
Senior Planning Officer
Copy of Letter Re: Kent Road (2)
17 Kent Road,
Southsea,
Portsmouth,
Hants.
P05 3EG
1st October 1998
Dear Bob Colley,
Thank you for your letter, ref.: CON 12/RAC c.c.DA21058, after our meeting on the 16th September.
As I explained at our meeting, I had not received the leaflet which was to, ‘assess public support for the proposed Direction and help warn public of a POSSIBLE Direction’.
As I also explained at our meeting, I started gathering quotes for replacement windows at the beginning of this year (1998) – January, February, and in March found a supplier and fitter which I was happy to proceed with in entering a contract to replace my old wooden windows with uPVC windows.
Now, the schedule for this contract was to replace 9 out of the 14 windows in July and then the remaining 5 windows three months later in October. As you have seen at our meeting the initial 9 windows are in place and the other 5 are due to be fitted very soon.
On the 3rd September you sent me a letter explaining that from 2nd September 1998 an Article 4(2) Direction had been placed on my property with immediate affect.
An extract from this Article 4(2) :-
‘In practical terms means that from 2nd September 1998 if you wish to :- * replace windows or doors on the front elevation of your property;
An application for planning permission must be made to the City Council Planning Service. Please note that this does not affect any alterations that have already taken place nor does it affect repairs to the property.’
Now this letter, ref.: RAC/A4(2)CAl2(west), does not mention anything about work already started, i.e. the contract that I have entered into in good faith with the uPVC windows supplier and fitter in March which is in progress.
In addition to this your letter, ref: CON 12/RAC c.c.DA21058, states, would not recommend continuing without permission, because such work would be unauthorised and could result in enforcement being take.’
As such, I am now in a position that I entered in good faith, and are half way through a contract, to replace my windows with uPVC and if I proceed with this contract could be in breach of this Article 4(2) or if by not proceeding be in possible breach of contract with the uPVC supplier and fitter.
I must therefore object to this Article 4(2) on two grounds:-
Firstly, that I have been given NO prior warning or advance notification of this Article 4(2) being implemented on my property. In actual fact I was not notified of this Article 4(2) as until the day after it was implemented.
Secondly, that it would appear that I am in a stale mate position between the Article 4(2) and the contract I have with the uPVC window suppliers and fitters.
I am at present seeking advice from several sources on this matter and if I may trouble you for details of were and in what sections I could find more information on the regulation on issuing such an Article 4(2) I would be very grateful, as this might mean the minimal fuss to all concerned.
Finally, may I also ask that you supply me with details on how I should apply for planning permission for the continued replacement of the remaining front two windows.
I look forward to your response.
Yours Sincerely
Stephen Hibberd BEng(Hons) AIVIIEE
Copy of Letter Re: Kent Road (1)
PLANNING SERVICE
Civic Offices, Guildhall Square, Portsmouth, P01 2AU
Telephone: 01705 834310 Fax: 01705 834660
Our Ref: CON 12/RAC c.c.DA 21058
17 September 1998
Mr Hibberd
17 Kent Road
Southsea
Hampshire
P05 3EG
Dear Mr Hibberd
ARTICLE 4(2) DIRECTION -17 KENT ROAD, SOUTHSEA
I refer to our meeting on 16th September.
As I said when we met I am assured by my colleague who delivered the leaflets that he delivered a copy to your property, and I very much regret that you did not receive it. The main purpose of the leaflet was to assess public support for the possible Direction, but it also helps warn the public of a possible Direction with the resulting changes in permitted development rights. I would remind you that the formal Notice gives residents until 2nd October to make representations to the City Council concerning the Direction.
The purpose of the Article 4(2) Direction is to try to maintain the overall appearance of this conservation area. The effect of the direction is to bring within planning control changes to external doors, and windows on the front elevation, alterations to roofs and chimneys which would otherwise be ‘permitted development’, so that a planning application would be necessary to carry out such work.
If replacement windows match the existing windows so that the glazing bars are in the same position, and the method of opening is the same i.e. vertical sliding sash then I do not consider that an application would be necessary. Whilst we would prefer traditional wooden sash windows, it is now possible to obtain PVCu windows which match the appearance of wooden windows. You may wish to find out if the company you are using could supply such windows
If you wish to install windows which differ in appearance and method of opening to the existing ground and first floor windows then a planning application would be necessary. Applicants can request permission to address the planning committee concerning their application. There is also a right of appeal to the Secretary of State against decisions by local planning authority.
I would not recommend continuing work without permission, because such work would be unauthorised and could result in enforcement action being taken.
Lastly I would remind you that we operate a Historic Building Grant scheme, and grant aid is available for repair work to historic buildings using traditional materials. Grant is normally 20% of the cost of work up to a £1000 maximum.
Yours sincerely
Bob Colley
Senior Planning Officer
Copy of Letter Re: Castle Road (4)
PLANNING SERVICE
Civic Offices, Guildhall Square, Portsmouth, P01 2AU
Telephone: 01705 834310 Fax: 01705 834660
Our Ref: A4(2)CAl2/RAC
15 October 1998
John Cooper,
Chairman
Castle Road Association
28 Great Southsea Street
Southsea
Hampshire
Dear Mr Cooper
ARTICLE 4(2) DIRECTION
CONSERVATION AREA 12 – CASTLE ROAD, SOUTHSEA
Thank you for your letter supporting the Article 4(2) Direction relating to the western part of the Castle Road conservation area.
The power to make Article 4(2) Directions to control ‘permitted development’ was introduced in the Town and Country Planning ( General Permitted Development) Order 1995 following a lot of concern about the harmful effects of permitted development on the character of conservation areas.
The Castle Road Direction is the fourth that we have made so far in the city, and we are looking at other areas including other parts of the Southsea.
Only single family dwellings can be included in Article 4(2) Directions because only they enjoy permitted development rights. Other properties require planning permission for any work which materially affects their appearance.
I share your concern about alterations to properties such as flats or shops which cannot be included in an Article 4(2) Direction, and consideration is being given to ways of addressing this problem.
Yours sincerely
RAG
Bob Colley
Senior Planning Officer
Copy of Letter Re: Castle Road (3)
40 Great Southsea Street
Southsea
20 September 1998
Dear Sir,
This measure will not be a moment too soon if we are to preserve the interesting character of our street. I strongly support it, and hope it will be vigorously enforced.
Although this does not affect alterations already made, I wonder what happens when those who work who have already installed plastic doors and windows have to replace them, will they be required to revert to original designs and materials, or will they get away with replacing like with like?
Yours faithfully
Copy of Letter Re: Castle Road (2)
City Planning Department
Received: 09-Sep-1998 PM
CASTLE ROAD AREA ASSOCIATION
28 Great Southsea Street
Southsea
September 1998
Mr Colley
Senior Planning Officer
Portsmouth City Council
Dear Mr Colley
Article 4 (2) Direction – Conservation area 12 – Castle Road Southsea.
With reference to your letter 2nd September, I write as not only a resident but chairman of the local resident association to advise you that we agree with any Direction that will help maintain the character of the area.
It is a shame that this Directive is so late in coming as there already is too much plastic and confusion between what private and business members can or can not do. Any directive that clarifies the position will be welcome
Yours sincerely
John Cooper chairman
Copy of Letter Re: Castle Road (1)
PLANNING SERVICE
Civic Offices, Guildhall Square, Portsmouth, P01 2AU
Telephone: 01705 834310 Fax: 01705 834660
Our Ref: RAC/A4(2)CAl2(west)
3 September 1998
Dear owner/ occupier
ARTICLE 4(2) DIRECTION – CONSERVATION AREA 12 – CASTLE ROAD, SOUTHSEA
Following the public consultation exercise carried out earlier this year, the Planning Committee decided to progress with the Article 4(2) Direction for the western part of the Castle Road conservation area. The aim of the Direction is to help towards conserving the character that makes your area special.
The attached legal notice informs you that the Article 4(2) Direction has been placed on your property with immediate effect. In practical terms this means that from 2 September 1998 if you wish to:-
- replace windows or doors on the front elevation of your property;
- remove or alter the chimney stack;
- replace the cladding on the roof of your property fronting the highway; or
- alter the front boundary wall/ gate/ railings
An application for planning permission must be made to the City Council Planning Service. Please note that this Direction does not affect any alterations that have already taken place nor does it affect repairs to the property. If you are in any doubt, it is best to contact the Planning Service for advice.
The City Council has made funds available for grant aid towards certain works to your property for the reinstatement or repair of traditional features on your property, such as timber sash windows. Please contact us if you would like more information or a historic buildings grant application form.
There is now another opportunity to express your views. Please let us know whether or not you support this direction so that your views can be taken into account. Any letters should be sent to the city planning officer by 2 October 1998. I will then report any comments to the planning committee so that they can decide whether to confirm the direction.
If you have any queries, please contact do not hesitate to contact me.
Yours faithfully
Bob Colley
Senior Planning Officer
Copy of Letter Re: Great Southsea Street (3)
PLANNING SERVICE
Civic Offices, Guildhall Square, Portsmouth, P01 2AU
Telephone: 01705 834310 Fax: 01705 834660
Our Ref: CON 12/RAC
Your Ref:
10 November 1997
Mr M J Riley
40 Great Southsea Street
Southsea
Hampshire
P05 3BY
Dear Mr Riley
ARTICLE 4(2) DIRECTION, CONSERVATION AREA NO 12, GREAT SOUTHSEA STREET | CASTLE ROAD
Thank you for your letter.
The Direction to which you refer is the result of a national change in the law relating to conservation areas. This change resulted from widely expressed concern that the overall effect of many minor changes to buildings such as new doors and windows was seriously harming the appearance of many conservation areas. An Article 4(2) Direction allows us to bring within planning control changes such as doors, windows, and roofs which currently do not require planning consent because they are ‘permitted development’. Government advice suggests that we should make such Directions selectively, and that we should be able to demonstrate public support before making them. The City Council has made such Directions in Campbell Road (39 – 83), Richmond Terrace / Netley Road, and we are shortly about to make one in the King Street area.
I have been carrying out an initial survey of buildings, and preparing a consultation leaflet to seek the views of residents about a Direction in the Great Southsea Street/Castle Road area. Piecemeal changes to the terrace on the east side of Great Southsea Street have concerned us for some time, and I share your concern about the recent door (which was also accompanied by a change to a bay window). At present however such changes do not require planning permission, but if we go ahead with an Article 4(2) Direction any similar changes in future will require permission which we will not be keen to grant.
I am now hoping to consult residents in your area about a Direction in the next few weeks (sooner than originally envisaged), and subject to public support I will ask the Planning Committee to approve a Direction.
I hope that we will be able to count on your support for this move, and that in future we will be able to control such changes.
Yours sincerely
Bob Colley
Senior Planning Officer
Copy of Letter Re: Great Southsea Street (2)
Received by City Planning Department 5 November 1997
40 Great Southsea Street
Southsea
Hants P05 3BY
1 November 1997.
Dear Mr Pike,
I read recently in the local newspaper of the new ‘directive’ requiring planning permission if a charge in appearance to a house is required.
This is not a moment too soon. It is a excellent initiative which gives, at long last, some real meaning to the previously hollow expression ‘conservation area’. Portsmouth City Council deserves the fullest support in making this work.
My one regret is that the scheme does not cover Great Southsea street, also a conservation area and earliest surviving street of houses in Southsea. The appearance of a fine row of well preserved period houses on the East side of the street has been ruined by one plastic door (white) which should never have been permitted. I would be very interested to know:
- Why Great Southsea street was not included in the scheme.
- If there is any possibility of
Copy of Letter Re: Great Southsea Street (1)
PLANNING SERVICE
Civic Offices, Guildhall Square, Portsmouth, P01 2AU
Telephone: 01705 834310 Fax: 01705 834660
Our Ref: CON 12/RAC
Your Ref:
27 October 1997
Councillor Frank Worley
Dear Councillor Worley
WINDOWS AT 19 GREAT SOUTHSEA STREET, SOUTHSEA
I understand from Mick Sidwell that you are concerned about the new window which has been installed at 19 Great Southsea Street.
The first floor bay has had its wooden sash window replaced by a UPVC window with a top hung opening section. The ground floor has a modern wooden sash window, and the second floor has a UPVC window which has been in place for at least 10 months. As this is a single family dwelling, which is not a listed building, changes to windows within the existing openings are ‘permitted development’, so that unfortunately we cannot do anything about the new window.
I have been concerned about uncoordinated changes to this terrace for some time, but until recently there was little we could do to control minor changes (doors, windows, roofs) to unlisted buildings in conservation areas. However a recent change in the law allows councils to selectively make Article 4(2) Directions to control such alterations by removing some ‘permitted development’ rights. We have made Article 4(2) Directions in the Netley Road, and Campbell Road areas, and we are about to make one in the King Street conservation area. I have nearly completed initial survey work with a view to a possible Direction in the Castle Road area. I am planning to carry out initial public consultation with residents in the near future before reporting to the Planning Committee, and I will keep you informed of progress.
A Conservation Area Guidelines publication is also nearing completion for the Castle Road conservation area.
Yours sincerely
Bob Colley
Senior Planning Officer
List of Background Papers
Houses in Castle Road and Great Southsea Street – November 1997
Committee: Planning
Date of Meeting: 28/10/98
Heading of Item/Report: Confirmation of Article 4 (2) direction: Castle Road Conservation Area (Western Part)
Signatories:
The following are the “background papers” for the above-mentioned report or agenda item:-
Signature of Proper Officer: John Pike
Date: 26 10 98
Departmental Contact: BOB COLLEY
| Document No. | Date | Description type | Description parties | File Reference |
|---|---|---|---|---|
| 1 | 1-10-98 | Letter from | Mr Hubbard | Art 4 (2) Castle Road (West) |
| 2 | 7-9-98 | Letter from | Castle Road Area Association | Art 4 (2) Castle Road (West) |
| 3 | 20-9-98 | Letter from | 40 Great Southsea Street | Art 4 (2) Castle Road (West) |
Copy of Report to: Planning committee - 29 July 1998
CITY OF PORTSMOUTH
REPORT TO: PLANNING COMMITTEE – 29 JULY 1998
REPORT BY: CITY PLANNING OFFICER
PREPARED BY: BOB COLLEY
ARTICLE 4(2) DIRECTION :
CASTLE ROAD CONSERVATION AREA ( WESTERN PART)
RESULTS OF PUBLIC CONSULTATION EXERCISE
PURPOSE
A report on the results of a public consultation exercise with regard to a possible Article 4(2) Direction for certain properties within the western part of Conservation Area 12 (shown on the attached plan), and to consider serving notice of the Direction on the affected properties.
RECOMMENDED
That the City Council approve the service of Notice of the Direction upon the owners and occupiers affected. The proposed Article 4(2) Direction is to control the inappropriate replacement of :-
- windows and doors on the front elevation
- roof coverings
- removal or alteration of chimney stacks/pots
- removal or alteration of front boundary walls or railings
BACKGROUND
The character and appearance of a conservation area can be reduced through the inappropriate replacement of traditional features on historic buildings. Many alterations such as changing windows or roofs do not at present require planning permission. An Article 4(2) Direction will bring many of these alterations under planning control giving the Local Planning Authority more control over alterations and helping preserve the special character of the area.
The proposed Direction refers only to older residential properties with ‘permitted development rights’. Modern houses have been excluded, as/have business properties and flats which already require planning permission for most work. Consideration will be given in the future to the possibility of a further direction covering the eastern part of this conservation area including St Edwards Road and Yarborough Road.
RECOMMENDED
That the City Council approve the service of Notice of the Direction upon the owners and occupiers affected. The proposed Article 4(2) Direction is to control the inappropriate replacement of :-
- windows and doors on the front elevation
- roof coverings
- removal or alteration of chimney stacks/pots
- removal or alteration of front boundary walls or railings
BACKGROUND
The character and appearance of a conservation area can be reduced through the inappropriate replacement of traditional features on historic buildings. Many alterations such as changing windows or roofs do not at present require planning permission. An Article 4(2) Direction will bring many of these alterations under planning control giving the Local Planning Authority more control over alterations and helping preserve the special character of the area.
The proposed Direction refers only to older residential properties with ‘permitted development rights’. Modern houses have been excluded, as have business properties and flats which already require planning permission for most work. Consideration will be given in the future to the possibility of a further direction covering the eastern part of this conservation area including St Edwards Road and Yarborough Road.
The attached leaflet was circulated in May to the … properties affected. 18 were returned :-
17 Supporting the proposal
Comments: some welcome proposal but also concern that it is too late given certain developments, concern about traffic speed, and parking, late night noise, request for conservation area and victorian lighting,
suggested direction should cover all properties (see above)
1 Opposing the proposal
Comments: present laws not ideal but any more would restrict civil liberties
Report Prepared by: City Planning Officer
Additional Information (Planning committee - 29 July 1998)
CITY OF PORTSMOUTH
REPORT TO: PLANNING COMMITTEE – 29 JULY 1998
REPORT BY:CITY PLANNING OFFICER
PREPARED BY: BOB COLLEY
ARTICLE 4(2) DIRECTION :
CASTLE ROAD CONSERVATION AREA ( WESTERN PART)
RESULTS OF PUBLIC CONSULTATION EXERCISE
PURPOSE
A report on the results of a public consultation exercise with regard to a possible Article 4(2) Direction for certain properties within the western part of Conservation Area 12 (shown on the attached plan), and to consider serving notice of the Direction on the affected properties.
RECOMMENDED
That the City Council approve the service of Notice of the Direction upon the owners and occupiers affected. The proposed Article 4(2) Direction is to control the inappropriate replacement of :-
- windows and doors on the front elevation
- roof coverings
- removal or alteration of chimney stacks/pots
- removal or alteration of front boundary walls or railings
BACKGROUND
The character and appearance of a conservation area can be reduced through the inappropriate replacement of traditional features on historic buildings. Many alterations such as changing windows or roofs do not at present require planning permission. An Article 4(2) Direction will bring many of these alterations under planning control giving the Local Planning Authority more control over alterations and helping preserve the special character of the area.
The proposed Direction refers only to older residential properties with ‘permitted development rights’. Modern houses have been excluded, as have business properties and flats which already require planning permission for most work. Consideration will be given in the future to the possibility of a further direction covering the eastern part of this conservation area including St Edwards Road and Yarborough Road.
The attached leaflet was circulated in May to the 68 properties affected. 19 were returned :-
18 Supporting the proposal
Comments: some welcome proposal to protect Southsea’s heritage but also concern that too late given new developments, and existing plastic doors and windows. Also suggestions that direction should cover all properties (see above) and colour of paintwork. Other concerns raised include traffic speed – possible traffic calming, and parking – residents parking, late night noise – possible cameras, and a request for conservation area paving and victorian lighting,
1 Opposing the proposal
Comments: present laws not ideal but any more would restrict civil liberties
The next stage
Serve Notice – Takes effect immediately
Report to Committee any representations – decision to move forward or abandon proposal
Confirm Notice – after 28 days or within six months of service of Notice
CONCLUSION
The object of this informal public consultation exercise was to obtain the views of the local residents before consideration is given to serving a formal Direction. Residents will still have a formal right to object when the Order is made. The response rate for this consultation was 28 %, all but one supporting the proposal, and consequently I recommend that the Notice be served on the affected properties.
City Planning Officer
The attached leaflet was circulated in May to the … properties affected. 18 were returned :-
17 Supporting the proposal
Comments: some welcome proposal but also concern that too late given new developments, concern about traffic speed, and parking, late night noise, request for conservation area paving and victorian lighting, suggestions that direction should cover all properties (see above), and colour of paintwork
1 Opposing the proposal
Comments: present laws not ideal but any more would restrict civil liberties
REPORT PREPARED BY: City Planning Officer
Housing inspections
Actions/responses taken
- Distribute consultation leaflet to affected properties – done
- Inform Ward Councillors and Chair of Planning Committee – done
- Report to Neighbourhood Forum
- Reply to any letters of representation – say when to C/tee etc.
- Report to C/tee – results of informal public consultation exercise recommend serve Notice or not – done
- Serve Notice to
- owners/occupiers with accompanying letter) – done
- local paper – done
- copies to
- E/W DC team
- DC admin
- Central admin
- Enforcement
- Janet Outram, Land Charges
- John Piper – GIS input
- Place copies of Direction in local Library and Planning reception –done
- Acknowledge any letters of representation – done
- Report to C/tee – recommendation to confirm Direction or allow to lapse. – done
- Confirm Direction – Notice to be served on owners/occupiers and local paper. – done
- Re-notify above teams immediately – done
Copy of Letter Re: St Edwards Road (1)
PLANNING SERVICE
Civic Offices, Guildhall Square, Portsmouth, P01 2AU
Telephone: 01705 834310
Fax: 01705 834660
E-mail: bcolley@portsmouthcc.gov.uk
Our Ref: 26836/RAC
20 January 2000
Mr Forbes
12 Nelson Road
Southsea
Hampshire
P05 2AR
Dear Mr Forbes
6 ST EDWARDS ROAD, SOUTHSEA
I refer to our discussions concerning this house.
This house was included in an Article 4(2) Direction covering houses in the Castle Road/Great Southsea Street area which was confirmed on 28 October 1998, and it included alterations to roofs, boundary walls, doors and windows.
Generally planning permission would be necessary for any work except on a ‘like for like’ basis. Further and careful consideration has been given as to whether the Direction applies to this property and whether planning permission is required to change the windows. The reason for this is that the Town & Country Planning (General Permitted Development) Order 1995 which sets out procedures for the making of Article 4(2) Directions refers to houses fronting a highway. No 6 St Edwards Road is partly behind Nos 4 & 8, and is some 25 metres from the Road.
The conclusion reached is that it is not considered that the Direction can apply to this property. In consequence planning permission is not required for the work in progress.
Yours sincerely,
Bob Colley
Senior Planning Officer
Copy of Letter Re: St Edwards Road (2)
PLANNING SERVICE
Civic Offices, Guildhall Square, Portsmouth, P01 2AU Telephone: 01705 834310
Fax: 01705 834660
E-mail: bcolley@portsmouthcc.gov.uk
Our Ref: 26836/RAC
20 January 2000
Mr J Cooper
Castle Road Area Association
28 Great Southsea Street
Southsea
Hampshire
Dear Mr Cooper
6 ST EDWARDS ROAD, SOUTHSEA
I refer to our discussion concerning this house.
This house was included in an Article 4(2) Direction covering houses in the Castle Road/Great Southsea Street area which was confirmed on 28 October 1998, and it included alterations to roofs, boundary walls, doors and windows. Generally planning permission would be necessary for any work except on a ‘like for like’ basis.
Following the report of work to 6 St Edwards Road, I visited the site, and spoke to the developer. I told him that I considered the some of the work being carried out needed planning permission.
However before putting this in writing further consideration was given as to whether the Direction applies to this property and whether planning permission was in fact required. The reason for this is that the Town & Country Planning (General Permitted Development) Order 1995 which sets out procedures for the making of Article 4(2) Directions refers to houses fronting a highway. No 6 St Edwards Road is partly behind Nos 4 & 8, and is some 25 metres from the Road.
The conclusion reached is that it is not considered that the Direction can apply to this property. In consequence planning permission is not required for the work in progress.
Yours sincerely,
Bob Colley
Senior Planning Officer
Copy of Letter Re: Garden Lane
PLANNING SERVICE
Civic Offices, Guildhall Square, Portsmouth, P01 2AU Telephone: 01705 834304
Fax: 01705 834660
E-mail: cdewar@portsmouthcc.gov.uk
Our Ref: CMD/A*32588/A4(2)Castle Rd
Your Ref: 11 March, 1999
Mr R Clark
5 Aldsworth Gardens
Drayton
Portsmouth
P06 1QS
WITHOUT PREJUDICE
Dear Mr Clark
RED LODGE 18 GARDEN LANE SOUTHSEA
Further to your letter dated 25 February 1999.
An Article 4(2) Direction was placed on the above property on 2 September 1998 and covers:
- the replacement of windows and doors on the front elevation;
- the removal/alteration of chimney stacks;
- the replacement of the roof cladding on the roofslope fronting a highway; and
- the alteration/demolition of front boundary walls/gates/railings.
The lych-gate is an integral and attractive part of the lane and the Direction has been put in place to protect such features in the conservation area. Planning permission would be required for the removal of the gate and the widening of the access. The removal of the lych-gate would not be considered to be acceptable as it is contrary to the aim of the Article 4(2) Direction and would not preserve or enhance the character or appearance of the conservation area
I cannot at this stage indicate whether the construction of a garage would require planning permission without further details of the proposed size and exact siting of the garage.
I enclose the relevant forms for your use. If you have any queries, please do not hesitate to contact me.
Yours sincerely,
Catherine Dewar
Senior Planning Officer
Map of properties included in Direction
Copy of Map (showing Flats / multiple occupancy | Businesses etc | Modern | Listed buildings compiled 3 September 1998)
Copy of 'The News, Saturday 25-7-98' article
Permission will be needed for minor changes to homes.
By Matthew Woolford
Political reporterBusinesses in a historic Portsmouth street have welcomed proposals to further protect the area’s architectural heritage.
Planners want to make it more difficult for people in the Castle Road area of Southsea to make alterations to the appearance of their houses.
The move by Portsmouth City Council will mean residents will have to get planning permission to alter windows, railings, roofs and chimneys.
Nick Hall, the owner of Sabre Sales, said he thought the proposed restriction was good news for the road on the whole.
The area already has conservation status – limiting development which can take place – and councillors will discuss the tightening of planning rules at a meeting on Wednesday.
But at present the rules, already tighter than other areas, cannot be used to ‘stop alterations to houses such as the installation of plastic front doors which might be out of character with the area.
Flats, shops and pubs already need to get permission to make such changes.
Chief planning officer Paul Newbold said it had proved to be an effective way of controlling development in other areas such as Campbell Road.
He added it was considering applying the same rules to other parts of Southsea.
Chairman of the planning committee Councillor Tony McCarthy (Lab, Nelson) said: It is essential we do everything in our powers to ensure the historical value of the city’s heritage is not diluted.’
Peter Newbury-Thornton, technical director of the Castle Road-based website designers Need UK. was in favour of it.
He said: ‘It is quite a good idea. Certainly this road has a lot of character and history.’
The 27-year-old said most of the shops still had their original fronts but he felt it was in no way ‘twee’.
The owner of the hairdressers Ego. Tony Wood, 30 said he would welcome it providing it did not create too much red tape.
A survey by the council showed there was strong support from the 68 householders affected by the change.
Article 4(2) Direction – Worsley road, Pelham road and The Retreat
Town and country planning act 1990 general permitted development order 1995
Direction under Article 4(2) of General Permitted Development Order 1995 restricting Permitted Development
Recitals
- Portsmouth City Council (‘the Council’) is the local planning authority in respect of the land referred to in the First Schedule to this Direction.
- The Council is satisfied that it is expedient that the development described in Schedule 2 to the General Permitted Development Order 1995 (‘the Order’) and specified in the Second Schedule to this Direction should not be carried out unless permission is granted for it on an application.
- The Council is further satisfied that development as specified in the Second Schedule to this Direction would constitute a threat to the amenities of their area.
Now therefore the Council in pursuance of Article 4(2) of the Order and all other powers thereby enabling directs that:
- The permission granted by Article 3 of the Order shall not apply to development specified in the Second Schedule to this Direction in respect of the land specified in the First Schedule to this Direction (‘the Land’).
- Pursuant to Articles 4(2) and 6 of the Order, this Direction does not require the approval of the Secretary of State because it relates to certain categories of permitted development rights in a conservation area.
- This Direction shall, in accordance with Article 6(7) of the Order remain in force for a period of six months and will then expire unless it has been approved by the Council before that date.
- This Direction shall, in accordance with Article 6(3) of the Order, come into force in respect of the Land on the date on which the Notice of the making of the Direction is served on the occupier of the Land, or if there is no occupier, the owner. However if the Council considers that individual service on the owners and occupiers is impracticable because the number of them makes service impracticable or because it is difficult to identify or locate one more of them in accordance with Articles 6 (1)(a) and 6 (3)(b) the Direction shall come into effect on the date on which the Notice is first published in a local newspaper.
First schedule
The land
All those properties shown hatched black on the map attached hereto being in the Castle Road and Owen’s Southsea conservation areas of Southsea and more particularly described as:-
- Worsley Road: 1, 3, 5, 7, 9a, 9b, 10, 11, 13
- Pelham Road: all
- The Retreat: 1-13a (odd, inclusive)
Second schedule
All references are to the General Permitted Development Order 1995 (‘the Order’)
- The replacement of windows and doors on front elevations (Class A of Part 1 of Schedule 2 of the Order).
- The removal / alteration of chimney stacks (Class A of Part 1 of Schedule 2 of the Order and Class A of Part 31 of Schedule 2 of the Order).
- Alterations to canopies and other architectural details on front elevations (Class A of Part 1 of Schedule 2 of the Order).
- The replacement of the roof cladding on the main elevation fronting a highway (Class C of Part 1 of Schedule 2 of the Order).
- The alteration or demolition of front boundary walls/gates/railings (Class A of Part 2 of Schedule 2 of the Order and Class B of Part 31 of Schedule 2 of the Order).
- The painting of any previously unpainted external brickwork or other external wall surfaces of any building (Class C of Part 2 of Schedule 2 of the Order).
The common seal of Portsmouth City Council
was hereunto affixed in
pursuance of a resolution of the Council
passed at a meeting duly commenced and held
Seal registry number: 68727
Authorised signatory
Article 4(2) Direction – St Edwards Rd & Yarborough Rd
Town and country planning act 1990 general permitted development order 1995
Direction under Article 4(2) of General Permitted Development Order 1995 restricting Permitted Development
Recitals
- Portsmouth City Council (‘the Council’) is the local planning authority in respect of the land referred to in the First Schedule to this Direction.
- The Council is satisfied that it is expedient that the development described in Schedule 2 to the General Permitted Development Order 1995 (‘the Order’) and specified in the Second Schedule to this Direction should not be carried out unless permission is granted for it on an application.
- The Council is further satisfied that development as specified in the Second Schedule to this Direction would constitute a threat to the amenities of the area.
Now therefore the Council in pursuance of Article 4(2) of the Order and all other powers thereby enabling directs that:
- The permission granted by Article 3 of the Order shall not apply to development specified in the Second Schedule to this Direction in respect of the land specified in the First Schedule to this Direction (‘the Land’).
- Pursuant to Articles 4(2) and 6 of the Order, this Direction does not require the approval of the Secretary of State because it relates to certain categories of permitted development rights in a conservation area.
- This Direction shall, in accordance with Article 6(7) of the Order remain in force for a period of six months and will then expire unless it has been approved by the Council before that date.
- This Direction shall, in accordance with Article 6(3) of the Order, come into force in respect of the Land on the date on which the Notice of the making of the Direction is served on the occupier of the Land, or if there is no occupier, the owner. However if the Council considers that individual service on the owners and occupiers is impracticable because the number of them makes service impracticable or because it is difficult to identify or locate one more of them in accordance with Articles 6 (1)(a) and 6 (3)(b) the Direction shall come into effect on the date when the Notice is first published in a local newspaper.
First schedule
All those properties shown hatched black on the map attached hereto being in Southsea and more particularly described as:
- St Edward’s Road: 7-29 odd (inc), 20-42 (even, inc)
- Yarborough Road: 1-21 odd, (inc), 2-16 (even, inc)
Second schedule
All references are to the General Permitted Development Order 1995 (‘the Order’)
- The replacement of windows and doors on front elevations (Class A of Part 1 of Schedule 2 of the Order).
- The removal / alteration of chimney stacks (Class A of Part 1 of Schedule 2 of the Order.
- Alterations to canopies and other architectural details on front elevations (Class A of Part 1 of Schedule 2 of the Order).
- The replacement of the roof cladding on the main elevation fronting a highway (Class C of Part 1 of Schedule 2 of the Order).
- The alteration or demolition of front boundary walls/gates/railings (Class A of Part 2 of Schedule 2 of the Order and Class B of Part 31 of Schedule 2 of the Order).
Given under the common seal of Portsmouth City Council
This 16 day of October 2008
Seal registration number: 70272
Authorised signatory
Article 4(2) Direction – Wilberforce road
Town and country planning act 1990 general permitted development order 1995
Direction under Article 4(2) of General Permitted Development Order 1995 restricting Permitted Development
Recitals
- Portsmouth City Council (‘the Council’) is the local planning authority in respect of the land referred to in the First Schedule to this Direction.
- The Council is satisfied that it is expedient that the development described in Schedule 2 to the General Permitted Development Order 1995 (‘the Order’) and specified in the Second Schedule to this Direction should not be carried out unless permission is granted for it on an application.
- The Council is further satisfied that development as specified in the Second Schedule to this Direction would constitute a threat to the amenities of their area.
Now therefore the Council in pursuance of Article 4(2) of the Order and all other powers thereby enabling directs that:
- The permission granted by Article 3 of the Order shall not apply to development specified in the Second Schedule to this Direction in respect of the land specified in the First Schedule to this Direction (‘the Land’).
- Pursuant to Articles 4(2) and 6 of the Order, this Direction does not require the approval of the Secretary of State because it relates to certain categories of permitted development rights in a conservation area.
- This Direction shall, in accordance with Article 6(7) of the Order remain in force for a period of six months and will then expire unless it has been approved by the Council before that date.
- This Direction shall, in accordance with Article 6(3) of the Order, come into force in respect of the Land on the date on which the Notice of the making of the Direction is served on the occupier of the Land, or if there is no occupier, the owner. However if the Council considers that individual service on the owners and occupiers is impracticable because of the number of them makes service impracticable or secondly because it is difficult to identify or locate one more of them in accordance with Articles 6 (1)(a) and 6 (3)(b) the Direction shall come into effect on the date on which the Notice is first published in a local newspaper.
First schedule
The land
All those properties shown hatched black on the map attached hereto being in Southsea, Portsmouth and more particularly described as:
1 – 25, 2 – 20 Wilberforce Road Southsea
Second schedule
All references are to the General Permitted Development Order 1995 (‘the Order’)
- The replacement of windows and doors on front elevations (Class A of Part 1 of Schedule 2 of the Order).
- The removal / alteration of chimney stacks (Class A of Part 1 of Schedule 2 of the Order and Class A of Part 31 of Schedule 2 of the Order).
- Alterations to canopies and other architectural details on front elevations (Class A of Part 1 of Schedule 2 of the Order).
- The replacement of the roof cladding on the main elevation fronting a highway (Class C of Part 1 of Schedule 2 of the Order).
- The alteration or demolition of front boundary walls/gates/railings (Class A of Part 2 of Schedule 2 of the Order and Class B of Part 31 of Schedule 2 of the Order).
- The painting of any previously unpainted external brickwork or other external wall surfaces of any building (Class C of Part 2 of Schedule 2 of the Order).
Given under the common seal of Portsmouth City Council
this 23rd day of September 2002
Seal registry number: 65966
Signed by authorised signatory: S. Kew