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Article 4 Direction

Current Consultation

Codden Hill, Bishop’s Tawton, North Devon

On 7 December 2022, Devon County Council’s Development Management Committee agreed to make a non-immediate Article 4 Direction to remove permitted development rights at Codden Hill. The report considered by the Development Management Committee, and the minutes of the meeting, can be found here.

The Direction proposes to withdraw the permitted development rights under Class C – mineral working for agricultural purposes of Part 6 – Agricultural and Forestry of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) at Codden Hill, Bishop’s Tawton, Barnstaple.

The effect of the Direction would be that development set out by Class C – mineral working for agricultural purposes could not be undertaken without a planning application being submitted to Devon County Council for consideration and planning permission being granted.

The Article 4 Direction at Codden Hill is proposed to come into force on 14 January 2024.

We would like your views on the proposed Article 4 Direction

Representations may be made between 13 January 2023 and 10 February 2023.

If you wish to make representations, you may do so by email to planning@devon.gov.uk or by post addressed to:

Planning – Article 4 Consultation

Devon County Council

Room 120

Topsham Road

Exeter

Devon

EX2 4QD

Please include your name and address on any representation made. Please note your response will be made publicly available (with personal details removed). Anonymous representations will not be considered.

Consultation Documents

Information Documents

What is an Article 4 Direction?

Permitted development rights allow certain types of development to commence without the need to submit a planning application. An Article 4 Direction removes the permitted development rights within a specified area, meaning that a planning application will be required.

What are permitted development rights?

Permitted development rights allow certain types of development to commence without the need to submit a planning application. Permitted development rights are set out in the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) [GPDO].

Further information about planning permission and permitted development rights can be found on the Planning Portal.

What are we proposing?

We are proposing an Article 4 Direction to remove the permitted development rights under Class C – mineral working for agricultural purposes of Part 6 – Agricultural and Forestry of Schedule 2 of the GPDO at Codden Hill, Bishop’s Tawton, Barnstaple.

The effect of the direction would be that development set out by Class C (mineral working for agricultural purposes) could not be undertaken without a planning application being submitted to Devon County Council for consideration and planning permission being granted.

The Article 4 Direction at Codden Hill is proposed to come into force on 14 January 2024. This would need to be confirmed by the Development Management Committee after considering any representations received.

Why protect Codden Hill?

Devon County Council considers that Codden Hill is a distinct feature of the North Devon landscape that is highly visible with protected features, such as Codden Beacon Scheduled Monument, located centrally on Codden Hill. It also has valuable habitats and offers recreational routes for the public to enjoy and we want to protect this.

There are also a number of residents in close proximity to Codden Hill, and at present, we have no control to mitigate the impacts of mineral extraction for these residents, including noise, dust, and highway movements.

We consider that mineral working for agricultural purposes in the area has already caused a degree of harm to the local environment and we want to ensure that we can manage any future mineral extraction by requiring a planning application to be submitted.

How could this affect you?

Should the Article 4 Direction be confirmed on 14 January 2024 as proposed, planning applications will be required for any mineral working on Codden Hill. This could affect people in different ways:

  • If you own or control the land in the Article 4 Direction boundary, you will no longer be able to extract minerals for agricultural purposes without submitting a planning application to Devon County Council for consideration and planning permission being granted;
  • If you live nearby or have an interest in Codden Hill, you may be consulted on any future planning applications that are received by Devon County Council.

Privacy notice for Article 4 Direction

Who is collecting and using your personal data?

Devon County Council will act as a ‘data controller’ and ‘data processor’ for any personal data that you provide to us in connection with your representation on an Article 4 Direction consultation. As such, we will ensure that the data you give us is processed in line with our organisation’s data protection policies and in line with your rights under the EU General Data Protection Regulation and associated data protection laws currently applicable in the UK.

Should you wish to find out more about Devon County Council’s data protection policies please contact our Data Protection Officer at accesstoinformation@devon.gov.uk or 01392 383000.

Please note that we require your personal data such as name and address to allow the County Council to be able to take account of your representation.

Why are we collecting your personal data?

We are collecting your personal data for the purpose of considering your representation in the consideration of whether to confirm an Article 4 Direction, together with any subsequent challenge that may be lodged. The representation will be included on the website that is available to the public, and also held on the Council’s planning database that is limited to use by the Council’s planning officers.

We may use your information to contact you prior to and following any confirmation, if agreed, of the Article 4 Direction including notifying you of any amended proposals or queries in relation to your comments. For this reason, the personal details that you provide will be retained in the Council’s planning database.

While your name and address will be retained in the documents that are available in the online planning register, any signatures, email addresses and telephone numbers will be blocked from public viewing.

Any sensitive personal data, such as medical information, that you may include in connection with your representation will be omitted from any documents included on the website, and we will be unable to take such information into account in consideration of the application.

We rely upon the following laws to manage your personal data:

  • Local Government (Access to Information) Act 1985;
  • Town and Country Planning Act 1990;
  • Town and Country Planning (Development Management Procedure) (England) Order 2015.

Who will we share your personal data with?

Your information will be stored securely within the Council’s planning database, and any information that is omitted from public viewing will not be accessible to other services within the Council.

To ensure that the Article 4 Direction is considered in an open and transparent manner, we will publish your representation on the County Council’s website.

How long will we hold your personal data?

All representations will be deleted from the Council’s website following confirmation of the Article 4 Direction. Representations will be retained on the Council’s planning system for a maximum of 12 months following the confirmation of the Article 4 Direction to allow for any subsequent challenge.

Exercising your rights

Under the Data Protection Act 2018 and the EU General Data Protection Regulation you have the following rights:

  • The right of access to your own personal data;
  • The right to request rectification or deletion of your personal data;
  • The right to object to the processing of your personal data;
  • The right to request a copy of the information you provide us in machine readable format;
  • The right to withdraw your consent to any processing that is solely reliant upon your consent

Should you wish to exercise any of your rights, you should contact the Data Protection Officeraccesstoinformation@devon.gov.uk or 01392 383000.

Your right to complain

If you wish to complain about the way that your personal data has been handled by Devon County Council, you should write to the Data Protection Officer and clearly outline your case. Your complaint will then be investigated in accordance with the Council’s customer feedback procedure. If you remain dissatisfied with the way your personal data has been handled, you may refer the matter to the Information Commissioner’s Office whose contact details are below:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Email: casework@ico.org.uk


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