Urgent Business – Article 4 Directions for Barrack Wood, Warley

Barrack Wood in Warley was purchased in 2014 by Woodland Investment Management Limited. Barrack Wood comprises two sites - one of 55 acres and the other of 8 acres. According to the purchaser's website, Woodlands.co.uk, it sells off plots of woodland so that “people can have a wood of their own”.  The company is now actively marketing Barrack Wood and Burnt Wood for sale on the open market (see Appendix for site map). There is a SOLD sign erected on the Warley Wood site within Barrack Wood of 4.4 acres.

While the sale of the woodland is perfectly legal, the exercise of the permitted development rights each individual woodland plot owner would be entitled to would harm the woodland’s amenity character and bio-diversity.  In considering this issue there are national and local policies to consider, in particular whether pro-active measures are justified to withdraw permitted development rights. It is considered that the development under permitted development rights without an express planning permission enabling detailed consideration would be prejudicial to the proper planning of the area and a threat to the amenities.

The Government has consolidated and amended Permitted Development rights (Statutory Instrument 2015 No.596) which comes into effect on the 15th April 2015.  In order to ensure the managed stewardship of these precious woodlands, the Council is therefore recommended to authorise an Article 4 Direction so that the permitted development rights are withdrawn.  If the recommended Article 4 Direction is agreed, all development works within the woodlands would require planning permission.  Approved woodland management agreed by the Forestry Commission would be permitted.

The procedure for Article 4 Directions is set out in Schedule to the 2015 consolidated Order.  The Direction relating to the erection of any means of enclosure within the woodlands, changes of use and temporary uses will have immediate effect . The Direction relating to use as a caravan site and for recreational facilities, agriculture and forestry and development relating to roads will not have effect until confirmed.

The previous owner of Barrack Wood has other woodlands in the Borough with similar characteristics to Barrack Wood.  It is recommended that authority be delegated to the Head of Planning after consultation with the Chair of the Committee and Ward Members to issue and serve similar Article 4 directions if those or other comparable woodlands appear to be under similar threat in the future.

A motion was MOVED by Cllr Baker and SECONDED by Cllr Mynott to accept the recommendation set out in the report. A vote was taken by a show of hands and it was RESOLVED UNANIMOUSLY.

1.            That the Article 4 Direction shown in the Appendix be authorised and served.

2.            That authority be delegated to Head of Planning, after consultation with the Chair and Ward Members, to issue and serve similar article 4 Directions in relation to other comparable woodlands in the Borough if they appear to be under similar threat in the future.

REASON FOR DECISION

Given the potential immediate threat to the integrity of the woodlands affected, it is deemed necessary to issue the two Article 4 Directions, one of which should take immediate effect due to the potential risk of inappropriate works.

The meeting concluded at 11.30pm