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Itis a commonplace observation that the effect on the appearance of conservation areas of relatively minor alterations to buildings
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particularly dwelling houses
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can be cumulatively very unfortunate. Until now, however, the powers available to planning authorities to control such works have been severely limited by the fact that many such operations are normally permitted automatically by the General Development Order.
It has always been possible—at least in theory
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for control to be regained, through the mechanism of an Article 4 direction, so that a specific application has to be made for the carrying out of the particular category of works concerned. In practice, however, such directions have in the past had to be approved by the Secretary of State; and experience has indicated that such approval was far from easy to obtain. This has long been a cause for concern by Conservation Officers and others
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including, most recently and vociferously, the English Historic Towns Forum in its report
Tou’nscape in Trouble.
The Government has now recognised that concern, and Parliament has approvedaprovisionwherebyauthorities may in certain circumstances approve their own directions, thus by-passing the Secretary of State. The new arrangements are introduced in the Town and Country Planning (General Permitted Development) Order
1995,
which is one of the two new Orders which replace the old General Development Order 1988 with effect from 3June 1995. As a result, there are now essentially three types of direction:
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directions under art 4(2) affecting conservation areas;
C]
directions underart 4(1)affecting only listed buildings; and
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directions under art 4(1) affecting other land.
A direction under either art 4(1) or art 4(2) of the 1995 Order may be made by
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the district or county planning authority in relation to a conservation area, but only by the district/borough council in other cases (art 4(6)). In areas where there are two tiers of local authority, a direction made bya district council must be notified to the county council, and vice versa (arts 5(2), 6(6)). The Secretary of State may also make a direction (art
4(1)).
ARTICLE 4(2) DIRECTIONS
An Article 4(2) direction may be made where it is to restrict the carrying out, in relation to a building or land that fronts ‘a relevant location’ (that is, a highway, waterway or open space), of development in one or more of the following categories:
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the enlargement, improvement or other alteration of a dwelling house; any alteration to its roof; the construction of aporch; the provisionwithin its curtilage ofa building, enclosure, swimming pool etc; the provision of a hard surface: or the installation etc of a sateffite antenna (normally permitted under Classes A, C to F, or H of Part 1 of Sched 2 to the 1995 Order);
L]
the erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure within the curtilage of a dwelling house (Part 2, Class A);
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the painting of the exterior of any part of a dwelling house or of a building or enclosure within the curtilage of a dwelling house (Part 2, Class C); and
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the demolition of all or part of a gate, fence, wall or other means of enclosure within the curtilage of a dwelling house (Part 31, Class B—introduced for the first time in 1995).
A direction under art 4(2) may also be made to restrict the erection, alteration or removal of a chimney on a dwelling house or on a building in the curtilage of a dwelling house, whetherornot it fronts a relevant location.
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ARTICLE 4(2) DIRECTIONS:
PROCEDURE
A direction, whether under art 4(2) or under art 4(1), must be drawn up accurately. Theplanningauthontymusttherefore first consider carefully which properties are to be covered, and which Classes, or which parts of which Classes, of permitted development are to be restricted. These should generally both be kept to the minimum possible: if a direction covers too much, it is more difficult to draft accurately, more time-consuming to prepare, less likelyto be effectively enforced, and therefore more likely to be ignored by owners. The best approach is probably to introduce smaller directions more often, rather than to attempt to cover everything in one large direction.
The properties involved must be specified with precision, particularly in the case of a direction covering a large area. This may best be done both on a map and on a list. The choice of categories of development to be controlled needs to be considered carefully, and defined precisely but dearly. This is particularly important where a direction relates to development within Class A of Part 1, since this covers awide varietyof different types of work. The direction will be a formaldocumentbut, ifitis tobe effective, must also be capable ofbeing understood by property owners and occupiers.
Once it has made a direction, the authority must then publicise it by inserting a notice in a local newspaper (art 6(1)(a)). This must:
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set out the properties and classes of development involved;
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explain the effect of the direction, and that it is made under art 4(2);
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name a place where the direction (together with a map showing the area affected) may be inspected; and
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specify a period (of at least 21 days) within which representations may be made to the local planning authority in relation to the direction.
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CONTEXT 46
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