Charles Mynors FRTPI ARICS Barrister

examines the new provisions

relating to Article 4 directions

M’LEARNED FRIEND

Itis a commonplace observation that the

effect on the appearance of conservation

areas of relatively minor alterations to

buildings — particularly dwelling houses

— can be cumulatively very unfortunate.

Until now, however, the powers avail-

able 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 — 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 — 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 Develop-

ment) 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:

- directions under art 4(2) affecting

conservation areas;

C] directions underart 4(1)affecting only

listed buildings; and

- 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

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 develop-

ment in one or more of the following

categories:

LI 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 (nor-

mally permitted under Classes A, C to F,

or H of Part 1 of Sched 2 to the 1995

Order);

L] the erection, construction, mainte-

nance, improvement or alteration of a

gate, fence, wall or other means of enclo-

sure within the curtilage of a dwelling

house (Part 2, Class A);

LI the painting of the exterior of any part

of a dwelling house or of a building or

enclosure within the curtilage of a dwell-

ing house (Part 2, Class C); and

LI 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.

ARTICLE 4(2) DIRECTIONS:

PROCEDURE

A direction, whether under art 4(2) or

under art 4(1), must be drawn up accu-

rately. Theplanningauthontymustthere-

fore first consider carefully which prop-

erties are to be covered, and which

Classes, or which parts of which Classes,

of permitted development are to be re-

stricted. These should generally both be

kept to the minimum possible: if a direc-

tion covers too much, it is more difficult

to draft accurately, more time-consum-

ing 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:

- set out the properties and classes of

development involved;

LI explain the effect of the direction, and

that it is made under art 4(2);

LI name a place where the direction

(together with a map showing the area

affected) may be inspected; and

LI 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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