What is an Article 4 Direction?

In many cases works can be done to properties without the need to submit a planning application.  These works are often referred to as permitted development rights.  However, in some parts of the town these rights have been modified by an Article 4 Direction.

An Article 4 Direction is a direction that can remove all or part of the permitted development rights set out in the Town & Country Planning General Development Order 1988 (as amended).

An Article 4 Direction requires the owner/occupier to obtain planning permission before undertaking certain works to their dwellinghouse, for which the permitted development rights have been removed.

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Which Properties are affected?

Properties affected by an Article 4 direction are identified with the notation (4) in the Listed Buildings in Hastings and St Leonards

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Why is an Article 4 Direction needed?

The primary use of an Article 4 Direction is as a means of promoting urban conservation and protecting and enhancing the character and appearance of a Conservation Area.  In this instance the Directions have been made on properties in important Conservation Areas where the character of the area is being eroded by piecemeal alterations.  Additionally the Direction is being used to assist the implementation of positive policies for the conservation of the area.

Listed Buildings and buildings in use as flats or commercial properties do not have significant permitted development rights and alterations to them can be controlled by existing planning and listed building procedures.  The restrictions imposed by an Article 4, therefore need only relate to non-listed single dwelling houses which have permitted development rights.  By removing some of the permitted development rights from single dwellings, the level of control over all properties within the affected Conservation Area are more equal.

The aims of the Direction are:

1. to retain and enhance the character and appearance of the Conservation Area, thereby complimenting the grant works in those areas;
2. to implement the conservation policies set out in the Hastings Borough Plan and the Hastings Local Plan;
3. to minimise the current confusion which exists among property owners in respect of the different levels of planning controls relating to Listed Buildings, buildings occupied as flats and those used as single dwellings in Conservation Areas.

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What do I need Planning Permission for?

Where an Article 4 direction has been made the permitted development rights that have been removed are in respect of:-

The Town & Country Planning General Development Order 1988, Schedule 2,

Part 1

- Class A (front elevation only)
- Class B
- Class C
- Class D
- Class F

and Part 2

- Class A
- Class B
- Class C (front elevation only)

In other words, permission is required for any extension or alteration to the materials or details on any front elevation of the property or on any part of the roof.  Additionally permission will be required to construct a porch, to erect a boundary enclosure to lay a hardstanding or to paint the front of the property.

Any application for permission in respect of removed permitted development rights, must be accompanied by appropriate drawings, but does not require a fee.

What works can be undertaken without making an application for planning permission?

Planning permission is not required to replace, repair or reinstate the existing features of a property where the works are like for like.  In some instances, permission will not be required to undertake alterations or extensions to the rear of the property.

It is strongly recommended that you contact Planning Services prior to undertaking any works.  When contacting the department for advice on planning permission please ask for the Development Control Section.  For detailed advice concerning repairs and reinstatement of features, details and materials, please ask for the Conservation Section.

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Enforcement

Alterations or building works that are carried out without permission may have to be removed if the Council takes enforcement action. It is important, therefore that advice is always sought prior to undertaking any works to the outside of the property.

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