Article IV Directions permits the local planning authority to withdraw "permitted development" rights where there is a real threat that the permitted development could damage an interest of acknowledged importance, such as the character and appearance of a conservation area.
This means that specified categories of development would no longer automatically be permitted, but would have to be subject to a planning application, allowing the Council to exercise normal planning controls.
Since "permitted development" rights have been endorsed by Parliament, the Government advise that Article IV Directions should only be made where there are compelling reasons to support them.
When making Article IV Directions in a conservation area, the Council must be satisfied that the Directions would help to protect features that are key elements of the area, and that there is public support for them.
Generally Article IV Directions take away the right to do one or all of the following:
The Town and Country Planning (General Permitted Development) Order 1995, enables Article IV Directions to be approved in the following way:
Article IV(2) allows the Council to make Directions to withdraw certain permitted development rights, without the Secretary of State's approval, specifically and only in relation to dwellinghouses in a conservation area where the permitted development would front a highway.
These Directions come into force on the date on which the notice is served on the owner or occupiers of properties.
Any representations made in response to the notices must be considered before the Directions are confirmed, which must be at least 28 days, and not more than six months, after the last notice was served.
To control otherwise permitted development at properties other than dwellinghouses and where it does not front a highway, approval must be sought from the Secretary of State under Article IV(1) of the Order.
This approval is however, not required if an Article IV(1) Direction is being made in respect of a listed building. For a full list of Article IV Directions properties, in the Borough, please see Article IV Directions. [PDF file] (File size 42Kb).
For further information please contact Planning and Conservation. See Planning and Conservation.
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