Direction under Article 4 of the General Permitted Development Order 1995 Restricting Permitted Development relating to the Brompton Conservation Area, Brompton near Scarborough.
Recitals
- The Scarborough Borough Council (‘the Authority’) is the local planning authority in respect of the area of land specified in this Direction.
- The Authority is satisfied that it is expedient that the development described in Schedule 2 of 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.
NOW THEREFORE the authority in pursuance of article 4 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 First Schedule to this Direction in the area specified in the Second Schedule to this Direction (‘the Land’).
- Pursuant to article 5(4) of the Order, this Direction does not require the approval of the Secretary of State because it relates only to development permitted by Parts 1 to 4 of Schedule 2 to the Order and the authority considers that the development would be prejudicial to the proper planning of their area or constitute a threat to the amenities of their area. The Direction shall expire at the end of six months from the date upon which it is made unless disallowed or approved by the Secretary of State. The Direction shall, in accordance with article 5(10) of the Order, come into force in respect of any part of the Land on the date on which notice of the making of the Direction is served on the occupier of tha5t6 part of the Land or if there is no occupier, the owner. If the Authority consider that individual service on the owners or occupiers of the Land is impracticable because the number of them makes such service impracticable or because it is difficult to identify or locate one or more of the Authority 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 5(15) of the Order, the Direction shall come into effect on the date on which the notice is first published.
First schedule
- The erection, construction, improvement, alteration or removal of a chimney, being development within Class A of Part 1 of the Schedule to ‘the 2008 Order’ and not being development comprised within any other Class.
- An alteration to the roof of a dwelling house consisting of a change in the type of roofing material, being development comprised within Class C of Part 1 of the Schedule to ‘the 2008 Order’ and not being development comprised within any other Class.
- The enlargement, improvement or other alteration of the windows and doors of a dwelling house, being development comprised within Class A of Part 1 of the Schedule to ‘the 2008 Order’ and not being development comprised within any other Class.
- The erection, construction, improvement or alteration of a gate, fence, wall or other means of enclosure, being development comprised within Class A of Part 2 of the Schedule to ‘the 2008 Order’ and not being development comprised within any other Class.
- The demolition of the whole or any part of any gate, fence, wall or other means of enclosure, being development within Class B of Part 31 of the Schedule to ‘the 1995 Order’ and not being development comprised within any other Class.
Second schedule
Brompton Conservation Area, Brompton near Scarborough shown on the plan.