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   »    GPDO    »    Article 4

Article 4Article 4 Directions

The GPDO allows many forms of development to be carried out often without any notification required to the local authority. However the local authority can withdraw some permitted development rights via an Article 4 Direction. It takes a local authority at least a year to bring in an Article 4 direction, and as each one needs to go through a long consultation period. Therefore any new PD rights will not be subject to an Article 4 for several months.

This is allowed for in Schedule 3 – Procedures for Article 4 Directions.

Conservation Areas

This is the most common for an Article 4 Direction where the local authority will control what you can and can’t do to a property in a conservation area. The purpose being to protect the look of the buildings by restricting repainting of the house, erecting fences, satellite dishes etc. It doesn’t mean that these items can’t be done, but planning permission would be required. It is important to check what is restricted as some items may not be included. This can affect a single property or more commonly a large number.

HMOs

The conversion of single dwellings to small HMOs is allowed under permitted development by Schedule 2, Part 3 Class L – however in many towns local authorities are restricting HMOs by virtue of an Article 4 Direction. This means that you will require planning permission to convert a flat or house to an HMO. It does not mean that it is impossible however. The local authority is trying to prevent a large number of these in one area or street. Always check to see which streets are included or even which side of a street is included as the house opposite might not have any restrictions. It is worth considering that Class L also allows for the changing of an HMO to a residential dwelling. This is usually not blocked via an Article 4. Therefore if the number of occupants drops to two, then strictly speaking it will revert to a C3 dwelling, which might then not be able to to revert to a C4 due to the Article 4. This might be a problem over a prolonged period rather than a matter of days.

Offices

In more recent times local authorities have used Article 4 Directions to restrict Class O office to residential. As with other Article 4 Directions it will usually be restricted to certain zones or areas. These might be an industrial park or maybe the town centre, Check with the local authority as to which areas or roads are included. Once again this does not mean that conversions are not possible, it simply means that planning permission will be required.

Can anything be restricted via an Article 4 Direction?

In a word, yes. Anything from the GPDO could be restricted via an Article 4 Direction. it is not limited to any of the three examples above. Always check to see what the local authority is restricting and where.

Legislation

Procedures for Article 4 directions

Procedure for article 4(1) directions without immediate effect

1.— (1) Subject to paragraph 2, notice of any direction made under article 4(1) of this Order must, as soon as practicable after the direction has been made, be given by the local planning authority—
        (a) by local advertisement;
        (b) by site display at no fewer than 2 locations within the area to which the direction relates,
        or, if the direction is made under article 4(1)(b), on the site of the particular development
        to which the direction relates, for a period of not less than 6 weeks; and
        (c) subject to sub-paragraph (2), by serving the notice on the owner and occupier of every
        part of the land within the area or site to which the direction relates.
(2) In a case where this paragraph applies, the local planning authority need not serve notice on an owner or occupier in accordance with sub-paragraph (1 (c), if they consider that—
        (a) individual service on that owner or occupier is impracticable because it is difficult to
        identify or locate that person or
        (b) the number of owners or occupiers within the area to which the direction relates makes
        individual service impracticable.
(3) Sub-paragraph (2) does not apply where the owner or occupier is a statutory undertaker or the Crown.
(4) The notice referred to in sub-paragraph (1) must—
        (a) include a description of the development and the area to which the direction relates, or the
        site to which it relates, as the case may be, and a statement of the effect of the direction;
        (b) specify that the direction is made under article 4(1) of this Order;
        (c) name a place where a copy of the direction, and a copy of a map defining the area to
        which it relates, or the site to which it relates, as the case may be, may be seen at all
        reasonable hours;
        (d) specify a period of at least 21 days, stating the date on which that period begins, within
        which any representations concerning the direction may be made to the local planning
        authority; and
        (e) specify the date on which it is proposed that the direction will come into force, which
        must be at least 28 days but no longer than 2 years after the date referred to in paragraph
        (d).
(5) Where a notice given by site display is, without any fault or intention of the local planning authority, removed, obscured or defaced before the period referred to in sub-paragraph (4)(d) has elapsed, the authority is treated as having complied with the requirements of that paragraph if they have taken reasonable steps for the protection of the notice, including, if need be, its replacement.
(6) The local planning authority must send a copy of the direction and the notice under sub-paragraph (1), including a copy of a map defining the area to which it relates, or the site to which it relates, as the case may be, to the Secretary of State on the same day that notice of the direction is first published or displayed in accordance with sub-paragraph (1).
(7) The direction comes into force in respect of any part of the land within the area to which it relates on the date specified in accordance with sub-paragraph (4)(e) but does not come into force unless confirmed by the local planning authority in accordance with sub-paragraphs (9) and (10).
(8) On making a direction under article 4(1)—
        (a) a county planning authority must give notice of it to any district planning authority in
        whose district the area or part of the area to which the direction relates is situated; and
        (b) except in metropolitan districts, a district planning authority must give notice of it to the
        county planning authority, if any.
(9) In deciding whether to confirm a direction made under article 4(1), the local planning authority must take into account any representations received during the period specified in accordance with sub-paragraph (4)(d).
(10) The local planning authority must not confirm a direction until after the expiration of—
        (a) a period of at least 28 days following the latest date on which any notice relating to the
        direction was served or published; or
        (b) such longer period as may be specified by the Secretary of State following the
        notification by the local planning authority to the Secretary of State of the direction.
(11) The local planning authority must, as soon as practicable after a direction has been confirmed—
        (a) give notice of such confirmation and the date on which the direction will come into force;
        and
        (b) send a copy of the direction as confirmed to the Secretary of State.
(12) Notice under sub-paragraph (11)(a) must be given in the manner described in sub-paragraphs (1) and (4)(a) to (c); and sub-paragraphs (2) and (3) apply for this purpose as they apply for the purpose of sub-paragraph (1)(c).
(13) A local planning authority may, by making a subsequent direction, cancel any direction made by them under article 4(1); and the Secretary of State may, subject to paragraphs 2(3) and (4), make a direction cancelling or modifying any direction under article 4(1) made by a local planning authority at any time before or after its confirmation.
(14) Sub-paragraphs (1) to (12) apply in relation to any direction made under sub-paragraph (13) by a local planning authority unless the direction it is cancelling is a direction to which paragraph 2 applied.
(15) Paragraphs 2(2) to (10) apply in relation to any direction made by a local planning authority under sub-paragraph (13) cancelling a direction to which paragraph 2 applied.
(16) The Secretary of State must notify the local planning authority as soon as practicable after making a direction under sub-paragraph (13).
(17) Sub-paragraphs (1) to (3) and (4)(a) to (c) apply to any direction made under sub-paragraph (13) by the Secretary of State.
(18) A direction made under sub-paragraph (13) by the Secretary of State comes into force in respect of any part of the land within the area to which it relates—
        (a) on the date on which the notice is served in accordance with sub-paragraph (1)(c) on the
        occupier of that part of the land or, if there is no occupier, on the owner; or
        (b) if sub-paragraph (2) applies, on the date on which the notice is first published or
        displayed in accordance with sub-paragraph (1).

Procedure for article 4(1) directions with immediate effect

2.— (1) This paragraph applies where—
        (a) a direction relating only to development permitted by any of Parts 1 to 4, or Class B or C
        of Part 11, of Schedule 2 has been made by the local planning authority under article 4(1)
        and the authority consider that the development to which the direction relates would be
        prejudicial to the proper planning of their area or constitute a threat to the amenities of
        their area; or
        (b) a direction within the whole or part of any conservation area has been made by the local
        planning authority under article 4(1) which the authority consider should have immediate
        effect and the development to which the direction relates is described in paragraphs (a) to
        (j) of sub-paragraph (3).
(2) Subject to sub-paragraphs (3), (4) and (9), paragraphs 1(1) to (3), (4)(a) to (d), (5), and (8) to (10) apply in relation to a direction to which this paragraph applies; and the planning authority must notify the Secretary of State of the direction on the same day that notice is given under paragraph 1(1).
(3) The Secretary of State may not make a direction under paragraph 1(13) within the whole or part of any conservation area where the development to which the direction relates is described in—
        (a) Class A of Part 1 of Schedule 2, consisting of the enlargement, improvement or other
        alteration of a dwellinghouse, where any part of the enlargement, improvement or
        alteration would front a relevant location;
        (b) Class C of Part 1 of that Schedule, where the alteration would be to a roof slope which
        fronts a relevant location;
        (c) Class D of Part 1 of that Schedule, where the external door in question fronts a relevant
        location;
        (d) Class E of Part 1 of that Schedule, where the building or enclosure, swimming or other
        pool to be provided would front a relevant location, or where the part of the building or
        enclosure maintained, improved or altered would front a relevant location;
        (e) Class F of Part 1 of that Schedule, where the hard surface would front a relevant location;
        (f) Class G of Part 1 of that Schedule, consisting of the installation, alteration or replacement
        of a chimney on a dwellinghouse;
        (g) Class H of Part 1 of that Schedule, where the part of the building or other structure on
        which the antenna is to be installed, altered or replaced fronts a relevant location;
        (h) Class A of Part 2 of that Schedule, where the gate, fence, wall or other means of
        enclosure would be within the curtilage of a dwellinghouse and would front a relevant
        location;
        (i) Class C of Part 2 of the Schedule, consisting of the painting of the exterior of any part
        of—
                (i) a dwellinghouse; or
                (ii) any building or enclosure within the curtilage of a dwellinghouse,
        which fronts a relevant location;
        (j) Class C of Part 11 of that Schedule, where the gate, fence, wall or other means of
        enclosure is within the curtilage of a dwellinghouse and fronts a relevant location.
(4) The Secretary of State may not modify a direction to which this paragraph applies or a direction which relates to—
        (a) a listed building;
        (b) a building which is notified to the authority by the Secretary of State as a building of
        architectural or historic interest; or
        (c) development within the curtilage of a listed building,
        and does not relate to land of any other description.
(5) The direction comes into force in respect of any part of the land within the area to which it relates—
        (a) on the date on which the notice is served in accordance with paragraph 1(1)(c) on the
        occupier of that part of the land or, if there is no occupier, on the owner; or
        (b) if paragraph 1(2) applies, on the date on which the notice is first published or displayed in
        accordance with paragraph 1(1).
(6) A direction to which this paragraph applies expires at the end of the period of 6 months beginning with the date on which it comes into force unless confirmed by the local planning authority in accordance with paragraphs 1(9) and (10) before the end of the 6 month period.
(7) The local planning authority must, as soon as practicable after a direction has been confirmed—
        (a) give notice of their confirmation; and
        (b) send a copy of the direction as confirmed to the Secretary of State.
(8) Notice under sub-paragraph (7)(a) must be given in the manner described in paragraphs 1(1) and (4)(a) to (c); and paragraphs 1(2) and (3) apply for this purpose as they apply for the purpose of paragraph 1(1)(c).
(9) Sub-paragraph (7)(b) does not apply in relation to a direction to which sub-paragraph (3) applies or to a direction which relates to—
        (a) a listed building;
        (b) a building which is notified to the authority by the Secretary of State as a building of
        architectural or historic interest; or
        (c) development within the curtilage of a listed building,
        and does not relate to land of any other description.
(10) In this paragraph, “relevant location” means a highway, waterway or open space.

 

Page updated 15th August 2020 to add legislation

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