C O N T E X T 1 0 8 : M A R C H 2 0 0 9 37 Andrew dick Article 4 directions in conservation areas Recent research shows that most local authorities are failing to make use of one of the most effective tools in the management of conservation areas. Since 1948 certain small-scale works have been granted planning permission automatically. Known as ‘permitted development’ these minor operations are currently specified in Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995. From 1981 these permitted development rights have been less generous in conservation areas and other sensitive locations defined as ‘Article 1(5) land’, in that the size of house, industrial and warehouse extensions are more restricted than elsewhere. The insertion of dormer windows into roof slopes, the installation of satellite antenna on walls, roofs or chimneys fronting a highway, and the application of cladding are not permitted development in these areas. However, even with these restrictions, the character and appearance of conservation areas can be so dramatically transformed by insensitive alterations to individual buildings and to the townscape generally that a number of local planning authorities are now faced with de-designating parts of conservation areas that have been ruined by works carried out under these permitted development rights. Local planning authorities are able to withdraw these permitted development rights by applying Article 4 directions.These can be made to cover one or multiple properties, and can restrict part of one class or one or more classes of permitted development. The effect of an Article 4 direction being made on a property is not that development within the particular category of permitted development can not be carried out. It is simply that it is no longer automatically permitted. Instead it must be the subject of a specific planning permission. This does not necessarily mean that a local planning authority would refuse permission, but it does enable it to retain control over the design and detailing of the works, and possibly grant permission subject to appropriate conditions. The procedure may be appropriate to enable a local planning authority to control development in all or part of a conservation area, and may be employed as part of a general policy for preserving an area’s character. It may also be useful to protect locally listed buildings, the settings of listed buildings and world heritage sites. The designation of a conservation area does not in itself automatically justify the making of a direction. The government accepts that Article 4 directions have a role to play if they help to protect features that are key elements of particular conservation areas. In certain instances the Secretary of State for Communities and Local Government’s approval is needed for an Article 4 direction covering properties in a conservation area. This is more likely to be forthcoming when the local planning authority has undertaken an assessment of the area’s special architectural or historic interest, and identified the threats to its character and appearance. Where that work has been carried out in advance of a submission to the secretary of state, the imposition of additional planning control is more likely to be approved since it is seen as being part of the local authority’s strategy for managing the conservation area. Two types of Article 4 direction can be used to assist with the protection of the character and appearance of a conservation area. Article 4(2)s were first introduced in 1995, and do not require the secretary of state’s approval. They are applicable only to dwelling houses that front on to a highway, waterway or open space. With Article 4(1)s the secretary of state’s approval is necessary. Article 4(2) directions can be made only to restrict the enlargement of a dwelling house, any alteration to its roof, the construction of a porch, the provision within its curtilage of a building or enclosure, the provision of a hard surface and the installation of a satellite antenna. These directions can also be used to control demolition, alteration or construction of any Left: LindumView, Lincoln Right: Arpley Street, Warrington Two contemporary Victorian terraces.The terrace in Lincoln is covered by an Article 4 direction and perfectly preserved; Arpley Street inWarrington, without a direction, has been ruined by permitted development works.
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