Fenland councillors set to confirm action to stop work on land near Chatteris

Councillors are being asked to confirm action taken earlier this year to stop a development on land in the open countryside on the outskirts of Chatteris.

In March Fenland District Council issued an immediate Article 4 Direction to protect the land, following the ongoing sale and development of some 100 so-called ‘leisure’ plots of land.

An Article 4 Direction is used to control works that could threaten the character of an area of acknowledged importance, such as a Conservation Area or the open countryside, it limits the works that can be carried out without needing planning permission from the council.

How Fen in Horseway, near Chatteris, has been sub-divided into approximately 100 plots and landowners are beginning to undertake developments and change the use of the land.

Due to the open countryside location, the number of plots and level of works that were being carried out over a wide area, the council introduced an immediate Article 4 Direction to remove permitted development rights and safeguard the character of the area.

It means specific developments such as walls, fences, gates, access tracks, temporary uses of land and use by caravans, which would otherwise not require an application for planning permission, will now not be allowed without planning permission being obtained first.

Whilst the restrictions took immediate effect, they were subject to consultation, with representations concerning the Article 4 Direction being invited until April 21.

A report to Monday's Cabinet meeting outlines the consultation responses and asks members to consider confirming the action before it lapses. The Direction would naturally lapse after six months without official confirmation by members.

The report says: "The comments received do not raise any matters that make a case against the need for the removal of specified permitted development rights. Instead the comments express (in the main) concern that development undertaken lawfully may have to be removed.

"This is not the case as no removal of lawful development is required. There is also the mistaken assumption that the Direction prevents planning permission being granted for the type of development that is no longer permitted development. It is not the case that planning permission will automatically be refused.

"Each proposal for development will be considered against the relevant national and local plan policies and other material considerations pertinent to the proposal. Whilst there will be the inconvenience and cost associated with making a planning application, this does not outweigh the value and importance of protecting this area of countryside from inappropriate forms of development. It is therefore recommended that the Direction is confirmed."

It goes on to explain why the action is necessary: "Given the rural location, away from any settlement, the introduction of fences etc, tracks, caravans, temporary uses/buildings and caravans on the plots over a wide area, would be detrimental to the appearance of the countryside. There is the need to control this development in the interest of the protection of the countryside."