Cockermouth Town Council

Neighbourhood Development OrderArticle 4 Direction

Submission Draft

November 2013

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Summary The Town and Country Planning (General Permitted Development) Order 1995 (as amended) exempts some forms of minor development from the need for planning permission. These are more commonly known as ‘permitted development rights’. These permitted development rights also apply to properties within conservation areas. However alterations that are undertaken without the need for planning permission have the potential to erode the special character of conservation areas. Therefore, local planning authorities have the power to make Article 4 Directions which removes these permitted development rights. In order to safeguard the character of Cockermouth conservation area, Allerdale Borough Council made an Article 4 Direction in 1976.

The flood event of 2009 caused significant damage to the historic core of the town and many properties within the Conservation Area. During the recovery period many repair works required planning permission under the provisions of the Article 4 Direction. There was frustration that costs and time associated with submitting planning applications for otherwise acceptable development delayed the restoration process.

Cockermouth Town Council has resolved to use its powers under the Neighbourhood Planning (General) Regulations 2012 to draw up a Neighbourhood Development Order (NDO) that permits the installation of windows and doors within existing openings without the need for planning permission, provided they are in accordance with the design details set out in the Cockermouth Conservation and Design Guide Technical Annex ‘Cockermouth Neighbourhood Development Order: Window and Door Design Guide’. The objective of the NDO is to enable positive forms of development that would enhance the character and appearance of the Conservation Area to proceed more easily. The provisions of the NDO do not apply to dwellings that are not covered by an Article 4 Direction, flats or commercial properties. The areas of operation for the proposed NDO are:

• Crown Street, Derwent Street, Fletcher Street, Horsman Street and New Street.

Permitted Development 1) The installation of timber sliding sash windows and timber front doors within the

existing openings of residential dwellinghouses located within the area identified on the map contained in Appendix C of this Neighbourhood Development Order that replicate the designs, materials and detailing illustrated in the Cockermouth Conservation and Design Guide Technical Annex ‘Cockermouth Neighbourhood Development Order: Window and Door Design Guide’.

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1. Introduction

1.1 There are many forms of small-scale residential development that can be

undertaken without the need for planning permission. These are set out in the Town and Country Planning (General Permitted Development) Order 1995 (as amended). The developments that are exempted from the need for planning permission by virtue of the Order are more commonly known as ‘permitted development rights’.

1.2 The majority of these permitted development rights still apply to properties located within conservation areas. Small charges to the external appearance of dwellinghouses within conservation areas that are unsympathetic can, both individually and cumulatively, cause substantial harm to their overall character and appearance. In order to prevent this, local planning authorities often to use Article 4 Directions to remove permitted development rights. Owners of dwellinghouses covered by Article 4 Directions are required to obtain planning permission for certain types of external alterations, including replacement windows and doors.

1.3 In order to safeguard the character of Cockermouth conservation area, Allerdale Borough Council made an Article 4 Direction in 1976. A schedule of this Direction is included in Appendix B.

1.4 Under the powers granted by the Neighbourhood Planning (General) Regulations 2012 Cockermouth Town Council has drawn up a Neighbourhood Development Order (NDO) that permits the replacement of windows and doors on dwellinghouses covered by Article 4 Directions identified on the map contained in Appendix C, provided they replicate the designs, materials and detailing illustrated in the Cockermouth Conservation and Design Guide Technical Annex ‘Cockermouth Neighbourhood Development Order: Window and Door Design Guide’. The objective of the NDO is to encourage positive forms of development that will preserve and enhance the character of the Conservation Area.

1.5 The text in this document outlines the details and reasoning underpinning the NDO. A draft of the proposed NDO is provided at Appendix A and a plan identifying the geographical area to which the proposed NDO relates is provided at Appendix C.

2. Background to the Neighbourhood Development Order

2.1 Cockermouth suffered a serious flood event in 2009 which inundated the

central areas of the town, including the historic core. 691 households and 225 businesses were affected with the physical damage estimated to be in the region of £200m. The repair and restoration of damaged properties raised a number of planning-related issues, particularly the role of Article 4 Directions.

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2.2 In many instances, as a result of the Article 4 Direction, the repair/restoration works were significantly delayed by the need to apply for planning permission. In many instances replacement windows and doors deemed to be appropriate in terms of design and materials still required planning permission. It was frequently cited that the Article 4 Direction was insufficiently flexible and served to delay appropriate and acceptable forms of development.

2.3 Following these comments Cockermouth Town Council was concerned that the Article 4 Direction, whilst serving to safeguard the historic character of the town, could also be acting as a deterrent to residents living within the Conservation Area seeking to carry out sympathetic improvements to their properties. Whilst there is no fee for a planning application involving works to Article 4 properties, there are often other costs such as providing the requisite plans and the time spent preparing and submitting the application.

2.4 Cockermouth Town Council seeks to both preserve the historic character of the town and facilitate positive development that would enhance the character and appearance of the central area of the town and the Conservation Area. Therefore, the Cockermouth Town Council has used the opportunity offered by the Neighbourhood Planning (General) Regulations 2012 to introduce a Neighbourhood Development Order (NDO) to allow sympathetic alterations to occur to properties within the Conservation Area without the need for planning permission.

3. Provisions of the Neighbourhood Development Order

3.1 This Neighbourhood Development Order (NDO) permits householders to

replace windows and doors within existing openings of residential dwellinghouses within the areas identified on the map contained in Appendix C without the need to obtain planning permission, provided they replicate the designs and detailing illustrated in the Cockermouth Conservation and Design Guide Technical Annex ‘Cockermouth Neighbourhood Development Order: Window and Door Design Guide’.

3.2 The Cockermouth Conservation and Design Guide Technical Annex ‘Cockermouth Neighbourhood Development Order: Window and Door Design Guide’ illustrates various styles of timber framed sliding sash windows (including double-glazed units) that would be permitted under the terms of the NDO. Similarly it sets out a range of timber panelled doors that would be acceptable. The use of uPVC is not permitted under the terms of the NDO.

3.3 The NDO only applies to the removal of the need to apply for planning permission and no other statutory function. It does not:

• Remove the requirement to obtain Listed Building Consent for any internal or external alterations to properties included on the list of buildings compiled under Section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

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• Remove the requirement to obtain buildings regulations approval for any internal and external works that require such approval under the Building Regulations 2010 (and subsequent amendments).

• Remove the requirement to obtain planning permission for any external works (such as the construction of porches and extension and alterations to roofs) that constitute development and require planning permission under Section 55 of the Town and Country Planning Act 1990.

3.4 The NDO, and the terms within it, will be active for a period of three years following the day of its adoption, and will expire following this period. The NDO will therefore cease to apply following the third anniversary of the adoption of the order.

3.5 Development which has started under the provision of the NDO will be allowed to be completed in the event the NDO is revoked or revised.

3.6 Development which has started under the provision of the NDO prior to its expiry can be completed following the expiry of the NDO.

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APPENDIX A: NDO

THE REPLACEMENT OF WINDOWS AND DOORS OF A DWELLINGHOUSE Class A Permitted development The installation of timber sliding sash windows and timber front doors within the existing openings of residential dwellinghouses within the area identified on the map contained in Appendix C of this Neighbourhood Development Order that replicate the designs, materials and detailing illustrated in the Cockermouth Conservation and Design Guide Technical Annex ‘Cockermouth Neighbourhood Development Order: Window and Door Design Guide’

Development not permitted:

A.1 Development is not permitted by Class A if -

(a) The property is a residential flat

(a) The property has an extant use that would constitute -

i. An A1, A2, A3, A4 or A5 use under the Town and Country Planning (Use Classes) Order 1987 (as amended)

ii. A use for any purpose within the Class B1 (business), B2 (general industrial or B8 (storage and distribution) use under the Town and Country Planning (Use Classes) Order 1987 (as amended)

iii. A use for any purpose within the Class C1 (hotel), C2 (residential institution) or C2A (secure residential institution) use under the Town and Country Planning (Use Classes) Order 1987 (as amended)

iv. A use for any purpose within the Class D1 (non-residential institution), D2 (assembly and leisure) use under the Town and Country Planning (Use Classes) Order 1987 (as amended)

v. A Sui Generis use under the Town and Country Planning (Use Classes) Order 1987 (as amended)

(b) The window(s) and/or door(s) to be installed comprise of any material other than timber.

(c) The design of the window(s) and door(s) would not replicate the designs and detailing illustrated in the Cockermouth Conservation and Design Guide Technical Annex ‘Cockermouth Neighbourhood Development Order: Window and Door Design Guide’

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(d) The existing window and/or door opening(s) on the property is/are to be enlarged or modified in any way.

Conditions:

A.2 Development is permitted by Class A subject to the following conditions –

(a) If the property is a listed building, as defined in Section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended), that Listed Building Consent is sought and obtained for the replacement window(s) and/or door(s) prior to its/their installation.

(b) Where necessary, that Buildings Regulations approval is sought and obtained for the replacement window(s) and/or door(s) prior to its/their installation

(c) That doors abutting the highway shall be of a type which cannot open outwards into the highway

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APPENDIX B: COCKERMOUTH ARTICLE 4 DIRECTION

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