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directions under article 4(2) affecting conservation areas. The aim of an
Article 4(2) Direction is to encourage the retention of high-quality architectural features and to preserve and enhance the character and appearance of the built heritage. The designation of a Conservation Area only goes some
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Article 4 directions were in the past a rarely used instrument which was not particularly effective, and was difficult to apply as it always required the approval of the
Secretary of State. The 1995 Town and Country Planning (General Permitted Development) Order made significant improvements to the
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rights, which means that a lot of the things people do to their land or houses without planning permission and often take for granted, are brought into the realms of planning consent. It does not in itself prohibit any action but means that a landowner is required to seek planning consent whereas
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A direction under either article 4(1) or 4(2) of the 1995 order may be made by the district or county planning authority in relation to a conservation area, but only by the district/borough council in other cases. The
Secretary of State may also make a direction.
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There are certain permitted development rights that cannot be withdrawn by an
Article 4 direction. These exemptions are to ensure permitted development rights related to national concerns, safety, or maintenance work for existing facilities cannot be withdrawn.
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rights on a site. For example, it could stop a landowner from holding car boot sales on their land for 14 days per year—a right which they would otherwise have—or could restrict a householder from converting a property into multiple flats.
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way towards protecting the integrity of buildings and their character. Under the Town and
Country Planning Act (General Permitted Development) Order 1995, permitted development rights enable property owners within a
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Department for
Communities and Local Government Replacement Appendix D to Department of the Environment Circular 9/95: General Development Consolidation Order 1995 (978 0117531024) November 2010
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to undertake small-scale extensions and/or alterations without the need for planning permission. Where these rights are unchecked, they can erode the special interest of the conservation area.
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An
Article 4 direction is not a conservation designation as such. It is a statement made under the
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IHBC Conference notes prepared by Andrew Dick. Director – Historic
Environment, RPS Planning
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and exceptionally may be subject to intervention by the government. It serves to restrict
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process, and since that time the use of
Article 4 directions has increased.
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Town and
Country Planning (General Permitted Development) Order 1995
146:, Plymouth, 6 October 2012. Retrieved 6 November 2012.
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Since 1995 there have been three types of direction:
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http://www.ihbc.org.uk/recent_papers/docs/Andrew.pdf
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directions under article 4(1) affecting other land.
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192:Conservation in the United Kingdom
172:Conservation in the United Kingdom
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100:Powers to make a direction
33:local planning authority
142:9 November 2012 at the
137:"Article 4 Directions"
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41:permitted development
135:The Property Group
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