Article 4 directions

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Most residential properties normally have permitted development rights which allow property owners a fairly free hand as regards minor alterations. A range of works to dwelling houses are usually allowed by virtue of a ‘blanket’ planning permission, in the shape of the General Permitted Development Order (GPDO), 1995. This leaves some streetscapes vulnerable to uncontrolled change. A small succession of changes can cumulatively alter the character of main streets and their buildings and this can have a particularly detrimental impact to the character and appearance of a conservation area.

This impact has been highlighted by English Heritage as a result of its Conservation Areas at Risk project, part of the Heritage at Risk programme. Following a survey of the state of England’s Conservation Areas (with input from Local Authorities such as Wiltshire Council), English Heritage has advised that Local Authorities should ensure that an adequate regime of planning control is in place to manage pressures for unsympathetic change through Article 4 directions. This guidance is reinforced in the Government’s revised Planning Policy Statement relating to the historic environment (PPS5).

Where there is firm evidence that permitted development is damaging the character or appearance of a conservation area, or is likely to, then the council can consider making an Article 4(2) direction to bring under control specific types of alterations and changes to dwelling houses. Planning permission would then be required for the specified alterations; however, the planning application fee is waived. Similarly, an Article 4(1) direction can be made for areas outside of conservation areas or for different types of classes of buildings within conservation areas. The latest amendment to the GPDO, made in April 2010, removes the requirement for the Secretary of State to approve all Article 4(1) directions which will make their implementation simpler. The amendment requires that these directions will need to be made subject to public consultation (except for certain types that can be made immediately); and requires site notices to be made for all types of directions.

Related links

• Planning Portal "Buy a Plan"

Last updated: 16 February 2012