Article 4 Directions

 

This section of Planning Geek, deals with Article 4 directions. Within it you can find our HMO Map, Class MA Map, Compensation where enough notice is not given, what to do if an Article 4 is incoming, buying an HMO in an Article 4 area and the legislation.

The GPDO allows many forms of development to be carried out often without any notification required to the local authority throughout England. However the local authority can withdraw some permitted development rights via an Article 4 Direction. It usually 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; but it is possible to introduce an immediate Article 4.

Any immediate article 4, must be confirmed within 6 months. These may be used where an urgent need is required by councillors to prevent something from happening. Sometimes used to quickly stop HMOs for example. But they are then left open to compensation claims by people affected.

A local authority should have a good reason for doing so. The secretary of state may overrule an Article 4 and perhaps reduce the area if it is not justified. You can find details of these via this government page.

 

Areas must be justified

 

Both the type of restriction and the extent of the area the restriction is being applied to must be justified. The NPPF states that Article 4 Directions should be applied in a measured and targeted way and should be limited to situations where the direction is necessary to protect the amenity or local wellbeing of the area. Article 4 Directions which apply to large areas (such as those which cover the majority of a local planning authority) need to have a particularly strong justification.

Paragraph 54/55 of the NPPF says:

The use of Article 4 directions to remove national permitted development rights should:

• where they relate to change from non-residential use to residential use, be limited to situations where an Article 4 direction is necessary to avoid wholly unacceptable adverse impacts (this could include the loss of the essential core of a primary shopping area which would seriously undermine its vitality and viability, but would be very unlikely to extend to the whole of a town centre)
• in other cases, be limited to situations where an Article 4 direction is necessary to protect local amenity or the well-being of the area (this could include the use of Article 4 directions to require planning permission for the demolition of local facilities)
• in all cases, be based on robust evidence, and apply to the smallest geographical area possible.

Similarly, planning conditions should not be used to restrict national permitted development rights unless there is clear justification to do so.

 

 

 

 

Note that a permitted development right may also be removed via a previous planning decision notice – so always worth checking that as well.

Planning Geek can help with regards to a certificate of lawfulness to confirm that something is lawful within an Article 4 area.  This might be an HMO for example. Click here for a free fee proposal.

 

Material Change of Use and the Limits of Article 4 Directions

 

An Article 4 Direction removes specified permitted development rights – but it does not extend planning control beyond what would otherwise amount to “development” under section 55 of the Town and Country Planning Act 1990. This means that even when an Article 4 Direction is in force, a planning application is only required if the change constitutes a material change of use. If no material change has occurred, there is no development and therefore no need for permission – Article 4 or not.

This principle was reaffirmed by the High Court in R (Williams) v Cyngor Gwynedd [2025] EWHC 2395 (Admin), where the judge held that councillors had been misled into believing that all changes between use classes would require permission once an Article 4 Direction took effect. In reality, only material changes are development; an Article 4 Direction cannot turn something that is not development into development.

The same point was clearly expressed by Holgate J (as he then was) in Ipswich BC v Fairview Hotels (Ipswich) Ltd [2022] EWHC 2868 (KB) at [69]–[71], where he explained that the question is always one of fact and degree. The planning system controls material changes in the character of a building’s use, not minor or incidental variations within the same overall planning unit. Thus, the mere existence of an Article 4 Direction does not, of itself, bring every alteration of use within the scope of planning control.

In short, Article 4 Directions limit permitted development rights but do not redefine what counts as development. The key test remains whether, in planning terms, there has been a material change in the character of the use. Where there has not, the use may continue lawfully without further permission—even in an area subject to an Article 4 Direction.

 

Conservation Areas

 

A local authority might introduce 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. You might be restricted on replacement windows – but on the principal elevation. The rear might be unaffected. Always check exact wording.

We do not list these Article 4 Directions here, at this time, so please check with the local authority. But remember any Article 4 direction is specific in what it prevents. Never assume.

 

 

Article 4 blocking 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 helps protect family homes.

You can find our complete list of all local authorities blocking HMOs within England here.

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. But often much harder for say 3 bed family homes which may also be protected under local authority policy.

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. If you do drop below 3 tenants on ASTs, restrict their use of the building – don’t all them free reign to avoid creating a C3 dwelling.

If an Article 4 is being introduced, ensure you have 3 people on separate ASTs the day before and the day after. Then apply for a certificate of lawfulness – Planning Geek can help with this – click here for a free fee proposal.

If buying an HMO in an Article 4 area, ensure the evidence and ideally a Certificate of Lawfulness exists.

 

Class MA

 

In more recent times local authorities have used Article 4 Directions to restrict Class MA  – Use Class E 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. If Class MA is blocked, why not consider Class G for part of the building above the Use Class E – shops and uppers. Class G allows for up to 2 flats.

In one area the Article 4 only blocks offices within Use Class E to Class MA – maybe change the use first to another Use Class E?  The devil is in the detail.

You can view details of Class MA Article 4s via this page.

This protects shopping areas and local industry or employment zones. This is not usually borough wide on recent directions.

 

Can anything be restricted via an Article 4 Direction?

 

In a word, yes. Pretty much anything from the GPDO could be restricted via an Article 4 Direction. it is not limited to any of the examples above. Always check to see what the local authority is restricting and where. The full list is as follows:

(a) Part 1 (development within the curtilage of a dwellinghouse);

(b) Classes D, E and G of Part 2 (certain minor operations);

(c) Classes A, AA, C, D, G, J, I, K, JA, L, M, MA, N, O, P, PA, Q, R, S, T and U of Part 3 (certain changes of use);

(d) Classes B, BB, BC, C, CA, D and E of Part 4 (temporary uses);

(da) Classes A and B of Part 6 (agricultural and forestry);

(e) Classes A to H, L, M, MA and N of Part 7 (non-domestic extensions, alterations etc);

(ea) Class B of Part 11 in so far as it relates to a development mentioned in paragraph B.1(d) (demolition of concert halls, venues for live music performance and theatres);

(eb) Class BA of Part 12 (holding of a market by or on behalf of a local authority);

(f) Part 14 (installation of renewable energy equipment);

(g) Class A of Part 16 (development by electronic communications code operators) to the extent that paragraph A.2(5) of Class A disapplies certain conditions in paragraph A.3 of Class A.;

(ga) Class TA of Part 19 (development by the Crown on a closed defence site); and (h) Part 20 (construction of new dwellinghouses); and

(h) Part 20 (construction of new dwellinghouses)

So it is worth checking when someone says ‘this is an Article 4 area’. It may well be, but if it blocks HMOs and you are looking to convert offices to residential you might not be affected (unless one blocking Class MA exists!)

 

How to find out if an Article 4 exists? 

 

The easiest way is to search online for ‘<your local authority> Article 4’ – this is often the easiest way. However there is no guarantee it is on their website. So you might need to email the local authority to be sure. Thankfully the information is becoming easier to obtain. Planning Geek also has software with the vast majority included. Reach out of we can help. If you do contact the local authority, ideally do it via email rather than a phone call so you have a record.

See this page for our list of HMOs blocked via Article 4s. And this page for Class MAs that are blocked. We will list other Classes in due course.

 

 

Page updated 11th November 2025