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Article 4 Directions (Landslide risk areas)
This consultation has now closed. Responses are being reviewed and this page will be updated with more information when they have been analysed.
Hastings Borough Council has introduced a new approach to planning for properties within certain areas of the Borough to help manage the risk of land instability. These are immediate directions, and from Thursday 30 January 2025 you will be required to apply for planning permission for certain activities which were previously allowed under permitted development rights. You can read more about permitted development rights. A list of things you will have to apply for planning permission for is available below in the FAQs.
The council was seeking representations on the introduction of two Article 4 Directions to remove permitted development rights in two areas of St Leonards.
Background
Government guidance confirms that Article 4 Directions should be applied to the smallest geographical area possible. The issues associated with Land Stability in this area may not be the same across the whole Borough. Therefore, the Article 4 Directions will only apply to areas where clear and fully interpreted evidence has been collected and support has been provided by stakeholders.
There are two areas - Cliff Stability Area 1 and Cliff Stability Area 2. These cover parts of the wards of West St Leonards, Central St Leonards and Maze Hill.
26-52 (inclusive), including Caves Mews, Royal Mews
Caves Road Workshop and Premises Keats Close
1-25 (inclusive) Grosvenor Crescent
77-79 (Odd), 99-121 (Odd), Kariam, Aethalia West Hill RoadSt Leonards Parish Church
Victoria Court
69-109 (inclusive) Marina
1 to 7 (inclusive) West Ascent
The Bath House
1A, 1-71 (odd) and Sol E Mar, West Hill Road.Consultation
The council has now completed a period of 21 days of consultation following the implementation of the immediate Article 4 Directions.
These responses are being analysed.
The immediate direction comes into force on 30 January 2025 and will be confirmed within six months of this date.
Frequently Asked Questions (FAQ)
An Article 4 Direction is a mechanism that allows the council to withdraw specific permitted development rights, meaning certain works that previously didn’t require planning permission would now need it. This is important in areas where risks to residents have been identified.
The primary goal is to manage and mitigate risks associated with potential land instability, ensuring that any development or alterations do not make existing issues worse or create new hazards, and will be safe for anyone using them.
These Article 4s will apply to the following addresses:
Cliff Stability Area 1:
26-52 (inclusive), including Caves Mews, Royal Mews
Caves Road Workshop and Premises Keats Close
1-25 (inclusive) Grosvenor Crescent
77-79 (Odd), 99-121 (Odd), Kariam, Aethalia West Hill RoadCliff Stability Area 2:
St Leonards Parish Church
Victoria Court
69-109 (inclusive) Marina
1 to 7 (inclusive) West Ascent
The Bath House
1A, 1-71 (odd) and Sol E Mar, West Hill Road.Links to maps - Cliff Stability Area 1.pdf; Cliff Stability Area 2.pdf
These addresses are all within West St Leonards, Central St Leonards and Maze Hill wards.
The Secretary of State encourages local authorities to apply Article 4 Directions to small, well-defined areas rather than large or blanket areas of land. The two areas have been identified due to:
• Localised geological conditions
• Steep slopes and cliffs prone to landslides
• Unstable ground due to underlying soil, rock, or historical mining activity
• The council have scientific or engineering evidence (e.g., geo technical surveys) indicating that this area is at significant risk. An Article 4 Direction must be supported by evidence
• Community Concerns.
The permitted development rights that have been removed relate to development within the curtilage of a dwellinghouse:
• the enlargement, improvement, or other alteration of a dwellinghouse (Class A) or,
• the enlargement of a dwellinghouse consisting of the construction of (a)up to two additional storeys, where the existing dwellinghouse consists of two or more storeys; or (b)one additional storey, where the existing dwellinghouse consists of one storey (Class AA),
• or the enlargement of a dwellinghouse consisting of an addition or alteration to its roof (Class B)
• or any other alteration to the roof of a dwellinghouse (Class C)
• or the erection or construction of a porch outside any external door of a dwellinghouse (Class D)
• or the provision within the curtilage of the dwellinghouse of (a)any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building or enclosure; or (b) a container used for domestic heating purposes for the storage of oil or liquid petroleum gas (Class E)
• or the development consisting of (a)the provisions within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such; or (b)the replacement in whole or in part of such a surface (Class F)
• Part 20 construction of new dwellinghouses - Class AC - new dwellinghouses (flats) on terrace buildings in use as dwellinghouses and Class AD - new dwellinghouses (flats) on detached buildings in use as dwellinghouses.
For ease, if you are thinking of adding to or removing anything from your property or garden, it is likely you would need planning permission to do so.
This is not designed to stop development in these areas but to ensure we are offering residents and businesses support to deliver safe developments. Applicants in the designated areas will need to submit planning applications for specific works previously classified as permitted development. This process allows the council to assess potential impacts on land stability and without risk to themselves, their contractors and their own or other properties.
Standard planning application fees apply. Information on our Planning Fees can be found on our Planning fees in Hastings page.
Please refer to the maps and full list of addresses outlining the areas covered by the Article 4 Directions.
These Article 4 Directions apply to the following addresses:
Cliff Stability Area 1:
26-52 (inclusive), including Caves Mews, Royal Mews
Caves Road Workshop and Premises Keats Close
1-25 (inclusive) Grosvenor Crescent
77-79 (Odd), 99-121 (Odd), Kariam, Aethalia West Hill RoadCliff Stability Area 2:
St Leonards Parish Church
Victoria Court
69-109 (inclusive) Marina
1 to 7 (inclusive) West Ascent
The Bath House
1A, 1-71 (odd) and Sol E Mar, West Hill Road.Unauthorised developments may be subject to enforcement action, which could include requirements to reverse the changes or other penalties.
Once implemented, an Article 4 Direction remains in effect indefinitely unless the council decides to modify or withdraw it. The Cliff Stability Area 1 and Cliff Stability Area 2 Directions have come into immediate effect as of 30 January 2025, and will be confirmed, subject to the outcome of consultation, within six months of this date.
For detailed guidance and advice visit Hastings Borough Council's Planning service. There is also general advice and guidance on land stability matters in Hastings, including how to report a landslide and what to do if you are concerned you or your property is at risk.
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Article 4 Directions (Landslide risk areas)
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