Article Four Direction
Encyclopedia
An Article Four Direction is made by a Local Planning Authority
in the United Kingdom
and confirmed by the Government. It serves to restrict Permitted Development
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 without the Direction this would not be necessary.
An Article Four Direction is not a conservation designation as such. It is a statement made under the Town and Country Planning Acts
, specifically the Town and Country Planning (General Permitted Development) Order 1995
. The Direction removes all or some of the Permitted Development
rights on a site. For example, it could stop a landowner from holding car boot sales on his land for 14 days per year—a right which he would otherwise have.
The Article Four has historically been a rarely used instrument which was not particularly effective, and was difficult to apply as it always required approval of the Secretary of State. The 1995 Town and Country Planning (General Permitted Development) Order made significant improvements to the process, and since that time the use of Article 4 Directions has increased.
Local Planning Authority
A local planning authority is the local authority or council that is empowered by law to exercise planning functions for a particular area of the United Kingdom. Although, in Scotland, where all of the local authorities are unitary, the term 'planning authority' is used without the 'local'...
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and confirmed by the Government. It serves to restrict Permitted Development
Permitted development
Permitted development is an aspect of town and country planning in the United Kingdom which allows people to undertake minor development under a deemed grant of planning permission, therefore removing the need to submit a planning application...
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 without the Direction this would not be necessary.
An Article Four Direction is not a conservation designation as such. It is a statement made under the Town and Country Planning Acts
Planning Acts
-England & Wales:Four inter-related Acts of Parliament in the United Kingdom passed in 1990 to reform the planning system in England and Wales.They were:-*Town and Country Planning Act 1990 - The Principal Act...
, specifically the Town and Country Planning (General Permitted Development) Order 1995
Town and Country Planning (General Permitted Development) Order 1995
The Town and Country Planning Order 1995 is a Statutory Instrument enacted in the United Kingdom and applying to planning law in England and Wales....
. The Direction removes all or some of the Permitted Development
Permitted development
Permitted development is an aspect of town and country planning in the United Kingdom which allows people to undertake minor development under a deemed grant of planning permission, therefore removing the need to submit a planning application...
rights on a site. For example, it could stop a landowner from holding car boot sales on his land for 14 days per year—a right which he would otherwise have.
The Article Four has historically been a rarely used instrument which was not particularly effective, and was difficult to apply as it always required approval of the Secretary of State. The 1995 Town and Country Planning (General Permitted Development) Order made significant improvements to the process, and since that time the use of Article 4 Directions has increased.
Types of Article 4 Direction
Since 1995 there have been three types of direction:- 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 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 Conservation Area 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.
- directions under article 4(1) affecting only listed buildings; and
- directions under article 4(1) affecting other land.
Powers to make a Direction
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.See also
- Conservation in the United KingdomConservation in the United KingdomThis page gives an overview of the complex structure of environmental and cultural conservation in the United Kingdom.With the advent of devolved government for Scotland, Wales and Northern Ireland and of evolving regional government for England, the responsibilities for environment and...
- Town and country planning in the United KingdomTown and country planning in the United KingdomTown and Country Planning is the land use planning system governments use to balance economic development and environmental quality. Each country of the United Kingdom has its own planning system that is responsible for town and country planning devolved to the Northern Ireland Assembly, the...