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Article 4 direction
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Article 4 direction
Please use this page to learn about the legal framework and
practical consequences of Article 4 directions.
Article 4s - the basics
Most houses in the UK are able to undertake some form of
development without the need for a planning application to be
made. An Article 4 Direction prevents people exercising these
"permitted development" rights.
"Article 4 direction" designation are placed on a property
by the Council to ensure that even minor changes to a building are
brought to the attention of the Council.
This is because in some cases, such as group of similarly
designed properties, seemingly minor changes can disrupt the
overall character and appearance of the whole cluster of
buildings.
The power to designate an article 4 direction stems
from Article 4 of the Town
and Country Planning (General Permitted Development) Order 1995
Order (Statutory Instrument 1995, No. 418).
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What does this mean?
Extensions and alterations which are normally "permitted
development" are controlled in a tighter way. This means that
planning permission must be obtained to make any changes to a
property especially if it will be seen from the street, public
footpath or public open spaces.
Here is are some examples of work that is not permitted
under an article 4;
- build an extension of any size including a garden
shed or oil tank
- make any alteration to the roof - this includes the slates or
tiles and putting in a dormer window or rooflight
- lay any new paved surface
- remove, replace or alter windows and doors
- build, alter or remove gates, fences, walls or
any boundary
- paint the woodwork of the house
- paint the render or brickwork on walls
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What should I do?
An Article 4 Direction does not bar you from altering or repairing
your home, but it does allow the Council to give you advice about
the best methods, designs and materials to use. The aim is to
preserve the special character of your home and neighbourhood,
which should be in the home owners and Council mutual
interest.
If you are thinking about undertaking any of the above work please
contact the Conservation team as soon as possible for free
impartial advice. A planning application will need to be
submitted in most instances, for which the fee is waived.
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Penalties for unauthorised work
The Article 4 Direction is legally binding and will be part of
land charge on the property. The Council can take enforcement
action if you carry out alterations without permission. This could
require you to put your home back to its original condition.
Failure to comply with an Enforcement Notice can lead to
prosecution.
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