PD / Article 4 Direction / NDHA

August 21, 2021 by Jo in forum Planning Forum

#1087 Jo, 21 August 2021, 02:11

Hi there -

My question is rather specific and am hoping someone with planning experience can spare a moment to share any thoughts on this subject.

I believe the following 3 statements are all correct:

- I understand that an NDHA property has PD rights by default

- If a planning application is made relating to an NDHA, there is a requirement to provide a heritage statement to the LA

- If PD works are undertaken on an NDHA, there is no need to provide a heritage statement to the LA

On this basis, are LA's keen to use an article 4 direction when there is any sign of potential PD works taking place on an NDHA? Or am I being cynical? As the owner of an NDHA, the concern is that if I undertake PD works (obtaining an LDC), I will rattle the cage of the LA somewhat and they will seek to stop future PD work with an article 4 direction just because they wish to keep control of the process. My intention was to do a number of different items of PD work (respectful works) whilst obtaining an LDC beforehand each time over the coming years.

Any thoughts or insights would be highly appreciated.

#1088 Damian, 22 August 2021, 18:58

No properties have PD rights by default. It’s all on a case by case basis.

Your LPA’s validation requirements will stipulate whether or not a Heritage Statement is required to accompany a formal application.

There is no requirement to submit a LDC application for works that constitute PD. It is purely optional. If an LDC application is submitted, the LPA would only usually request drawings to accompany the application and no other supporting documentation.

LPA’s can withdraw or restrict PD rights following the submission and successful outcome of a formal Planning application. They cannot just apply this as and when they like. Nor can they add this condition following the successful outcome of a LDC application.

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