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Some of Stroud District's conservation areas are affected by Article 4 or Article 4(2) Directions, which remove certain permitted development rights from some houses in the conservation area.
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Find out more about Article 4 Directions in the following conservation areas:
Wotton Under Edge Bisley Frampton on Severn Stroud Top of Town Stroud Town Centre
'Permitted Development Rights' (PD rights) normally allow some forms of development to be carried out without having to obtain Planning Permission in advance. Although the designation of a conservation area does bring with it some limitations to residential PD rights (primarily related to demolition and the size and position of home extensions that can be carried out without Planning Permission), these limitations generally cannot prevent many changes to buildings. If unchecked, a successive number of quite minor changes has the potential to damage the character and special architectural interest of a Conservation Area.
For this reason, Local Planning Authorities can make an Article 4(2) Direction or can apply to the Secretary of State to make an Article 4 Direction, the effect of which is to remove specified PD rights from houses (known as "dwellinghouses") in a conservation area. Article 4 Directions do not apply to flats or commercial properties, as these don't have the same permitted development rights in the first place.
As a consequence of the Article 4 or Article 4(2) Direction, certain works of alteration to specified residential properties will require an application for Planning Permission, so that their potential impact on the character and special interest of the conservation area can be properly assessed.
In the case of an Article 4(2) Direction, the controls only apply in circumstances where the proposed works are on elevations which front a public highway or public open space.
The National Planning Policy Framework advises that all Article 4 directions should be applied in a measured and targeted way. They should be based on robust evidence, and should apply to the smallest geographical area possible. The potential harm that the Article 4 Direction is intended to address needs to be clearly identified and justified. In a conservation area, this would usually be done through a Conservation Area Appraisal and/or Management Plan.
Does an Article 4 Direction mean that development is not allowed?
An Article 4 Direction only means that a particular development cannot be carried out under Permitted Development and therefore needs a planning application. This gives the local planning authority the opportunity to consider a proposal in more detail.
Is a planning application fee payable where development that would otherwise have been permitted development requires a planning application?
Yes, a planning application fee may be payable. Details of planning fees are set out in the 2012 Fees Regulations, as amended.
What else do I need to know about Article 4 directions and Permitted Development?
An Article 4 Direction is a direction under article 4 of the General Permitted Development Order which enables the Secretary of State or the local planning authority to withdraw specified permitted development rights across a defined area.
The rules around this are complex and can be difficult to interpret. If you are considering carrying out works in a conservation area, it is advisable to check with the planning department, to see if you need to get permission.
