Householders in England and Wales are allowed to make minor changes to their properties without planning permission from the local planning authority - known as 'permitted development rights'. Sometimes these rights need to be removed to protect the character of an area, for example to prevent a large number of houses in multiple occupation or the loss of original features in a conservation area. The application of an Article 4 Direction removes these 'permitted development' rights and is a way in which councils can control building works and changes of use which would ordinarily be 'permitted development'. Once an Article 4 Direction comes into force planning permission must be sought before the minor changes covered by the Direction can be carried out.
There are two types of Article 4(1) Directions that can be imposed on buildings or land within an area:
- Non-immediate Article 4(1) Direction - This means that the Article 4(1) Direction is only imposed following a consultation period of, usually, 28 days and with at least 12 months notice of it coming into force. Any objections will be considered by the Council before it considers whether to confirm the Direction, or not. A non-immediate Article 4(1) Direction is used where there is not an urgent requirement to remove permitted development rights.
- Immediate Article 4(1) Direction - This means that permitted development rights are removed with immediate effect and then consulted on. The Article 4(1) Direction will lapse after 6 months from when it was made unless it is confirmed beforehand. Any objections will be considered by the Council before it considered whether to confirm the Direction, or not. An immediate Article 4(1) Direction is used where there is an urgent, justified requirement for protection. Once confirmed, an immediate Article 4(1) Direction becomes permanent.
Article 4 Directions in Tendring
Article 4 Direction relating to land at Mistley Quay
Click here to view a copy of the Article 4 Direction and click here to view a map of the area covered by the Direction
Click here to view the Planning Committee Report confirming the Direction and click here to view the statement justifying the Direction
Article 4 Direction relating to HMOs
Click here for more information on the Article 4(1) Direction relating to the change of use of dwelling houses to houses in multiple occupation.
Please note that there are other Article 4 Directions across the District. You are advised to check with the Planning Department before carrying out any works to see if planning permission is first required (please see the following page: Advice before making a planning application for more information).