Urgent Decision - Introduction of an immediate Article 4(1) Direction to remove permitted development rights to demolish buildings at North Lodge and South Lodge

August 29, 2023 Executive Director Place (Officer) Unknown View on council website

This summary is generated by AI from the council’s published record and supporting documents. Check the full council record and source link before relying on it.

Summary

Executive Director Place decided on 29/08/2023 to serve an immediate Article 4(1) Direction at North Lodge and South Lodge to remove permitted development rights for demolition. The Council will consult on this direction for six weeks and decide on permanent confirmation within six months.

Full council record

Purpose

Background Information

North Lodge and South Lodge are identified as Locally Listed Buildings by the Council, and hence non-designated heritage assets. As these are not statutorily Listed Buildings nor fall within a Conservation Area, they do not benefit from the protections against demolition without requiring planning permission, under Class B of Schedule 2, Part 11 of the GDPO 2015.

North Lodge has been part of the Council’s Housing Revenue Account (HRA) and used as a site office, but was declared surplus to requirements and approved for disposal from the Council’s Estate at a Housing Sub Committee (24 January 2017) and Corporate and Resources Committee (22 November 2022).

In the course of the asset’s disposal, the Council received an Application to Determine if Prior Approval is Required for the demolition of North Lodge, under Class B of Schedule 2, Part 11 of the General Permitted Development Order (GDPO) 2015, submitted by the prospective purchaser. This was received and validated on 23rd March 2023. The application was refused on 14th April 2023, due to the lack of information in relation to the method of demolition and any proposed restoration of the site.

The sale is due to complete on 29th August 2023. The threat to the building therefore remains imminent, as the future owner may submit a new application to demolish the building under permitted development rights. The prospective purchaser has been made aware of the Council’s intention to introduce an immediate Article 4 Direction to remove these permitted development rights.

South Lodge is currently still occupied as part of the Council’s HRA, but is considered as part of a group with North Lodge on the Kingsnympton Park Estate. Jointly applying an Article 4(1) Direction to both North and South Lodge recognises the threat to the local amenity of the area, if either of the buildings were to be demolished without the benefit of a full planning application, to assess the proposed development under the Council’s Development Plan.

The prominence of the buildings in the street scene makes a significant positive contribution to the character and appearance of the area, and are local amenities in terms of townscape, heritage and cultural significance.

Decision

A.        That the Council serves an immediate Article 4(1) Direction at North Lodge and South Lodge, Kingsnympton Park, Kingston upon Thames, KT2 7TF, to remove nationally permitted development rights for the demolition of a building on these sites.

B.        That the Council consults on the immediate Article 4(1) Direction for six weeks and decides whether to permanently confirm it within six months.

Reasons for the decision

Reasons for Urgency

The Council considers that there is likely potential for future landowners to demolish the buildings, which would have the potential to cause harm to the character and appearance of the area and would therefore be prejudicial to the proper planning of the area and constitute a threat to the amenities of that area.

Therefore, the Council considers it appropriate to serve an immediate Article 4(1) Direction on this land to remove these nationally permitted development rights.

Details

OutcomeDecision made
Decision date29 Aug 2023