We are often approached by individuals asking us whether they could erect or demolish a building or a structure in their garden by exercising their Permitted Development Rights. Unfortunately, it is not possible to always respond immediately to such questions.
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A lot of people are not aware that Local Planning Authorities have the ability to control development within a defined area by limiting or removing Permitted Development Rights. There are two main methods that a Local Planning Authority can use to exercise this power:
1. Issuing an Article 4 Direction, and
2. Imposing a restricting planning condition on a planning permission.
Article 4 Directions, in particular, may not be a common tool that can often be come across; however, it serves as an effective way to control development, especially in cases where a Local Planning Authority may deem that Permitted Development Rights could be incompatible with their objectives.
An Article 4 Direction, as defined in the Glossary of the National Planning Policy Framework, is a direction made under Article 4 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) that allows a Local Planning Authority to withdraw the Permitted Development Rights granted by that Order in a specific area. In essence, this can limit or prevent specific types of development that would normally be considered acceptable without requiring express planning consent.
The procedure for implementing an Article 4 Direction can be somewhat complex, which is the reason why a lot of times Local Planning Authorities prefer staying away from them. Paragraph 54 of the National Planning Policy Framework highlights that Article 4 Directions must be necessary to avoid wholly unacceptable adverse impacts, protect local amenity or the well-being of an area and be based on robust evidence and apply to the smallest geographical area possible.
If an LPA wishes to issue an Article 4 Direction, they usually either choose to do so by making an immediate or non-immediate direction. An immediate direction will take effect immediately, following Cabinet approval. The drawback with this option is that a Local Planning Authority will have to compensate individuals who are affected by this direction and have already submitted or intended to exercise their Permitted Development Rights within 12 months from the date the Article 4 Direction too effect. The form of compensation provided by the Local Planning Authority will usually cover the costs associated with seeking planning permission, and therefore it is rarely chosen by Local Planning Authorities.
Alternatively, a more preferable option is the making of a non-immediate direction. This process involves a public consultation, which usually runs for six weeks, where a Local Planning Authority will serve notices to individuals informing them of the proposed Article 4 Direction and inviting them to make comments. Local Planning Authorities will usually take a few weeks reviewing the responses they received, if any, and make a decision whether the direction will be made or not. If it is made, then the direction will take effect immediately after a year from the date it was approved. This essentially gives 12 months to affected individuals to consider exercising their relevant Permitted Development Rights before losing them.
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At Bluestone Planning, we have extensive experience with representing clients during Article 4 consultation periods and ensuring that we preserve their best interests.
If the Local Planning Authority in your area is considering making an Article 4 Direction that will affect you and you do not know what steps to take, contact Bluestone Planning by calling +44 1235 766825 or emailing admin@bluestoneplanning.co.uk.
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