The Local Planning Authority can introduce Article 4 Directions where it considers that the importance of the area warrants even more stringent controls. This type of Direction introduces further controls which can apply to a wide variety of issues, such as control over replacement windows and doors, the introduction of porches, the building of walls, retention of architectural detail and painting to name a few.
In Derbyshire Dales District, Article 4 Directions are in force on a number of properties within the Wirksworth Conservation Area and the Matlock Bridge Conservation Area. There is also an Article 4 direction affecting properties in Matlock Bath, predominantly along North and South Parade and on one property within the Osmaston Conservation Area.
If you wish to find out whether an Article 4 Direction covers your property, please contact the Councils Planning Design and Conservation Section on 01629 761250 or planning@derbyshriedales.gov.uk
Matlock Bridge
Matlock Bath Conservation Area Revised Article 4 (1) Direction
Summary
Derbyshire Dales District Council is committed to the protection and enhancement of its Conservation Areas and in 2006, the special historic and architectural interest of the Matlock Bath Conservation Area was acknowledged by the District Council approving a comprehensive Conservation Area Character Appraisal.
This Appraisal recognised that within Matlock Bath Conservation Area, many of the properties along North Parade, South Parade and part of Dale Road were also subject to the controls of an Article 4 Direction. This Direction restricts certain permitted development rights relating to the painting of property and the construction/alteration of gates, walls and fences and has been in operation since 1991.
The Article 4 Direction allows the District Council to continue working alongside building owners, to preserve and enhance this historically important village and to prevent the loss of historic character to the most prominent buildings and spaces along the main arterial route through the Conservation Area.
National guidance recommends that any Article 4 Direction should be regularly reviewed. A comprehensive review of the Matlock Bath Article 4 Direction was carried out in 2006/7 and as the District Council considered that changes should be made to the Direction, it consulted all the relevant owners and affected parties in relation to the proposed changes. These changes were introduced in an attempt to both simplify and minimise, the extent of the controls required to adequately protect and preserve the historic character and appearance of the area. Following public consultation, the District Council subsequently approved changes to the Direction in September 2007 and the Government Office for the East Midlands endorsed a revised Direction in January 2008.
The Revised Direction has :
- removed the additional planning controls of the Article 4 Direction from the statutory listed buildings located within the area. This means that if the building is listed, the additional planning controls of the Article 4 Direction have been removed. Listed building consent will still be required for works affecting the special character and/ or appearance of the listed building, as will any relevant planning permission.
- included only elevations of unlisted buildings that can be viewed from the public realm. Previously, all elevations of a property were included in the Article 4 Direction, whether or not they could be seen from a public vantage point. This is no longer the case and plans within the Document identify elevation(s) of each property, which are now controlled by the Article 4 Direction.
- proposed new colour tables. Colour Tables (enclosed) have been established as part of the Direction, which identifies colours appropriate for use on various elements of the building. Properties covered by the Article 4 Direction, which adhere to the Colour Tables will not need to apply for planning permission and listed properties adhering to the Colour Tables will not need to apply for Listed Building Consent.
- introduced alterations to restrictions in respect of No. 190 South Parade Matlock Bath and to No. 104 North Parade, Matlock Bath (both unlisted). No. 190 South Parade was not previously included in the 1991 Direction but its prominence in the street frontage has led to its inclusion. No. 104 ‘Fernie Bank’ North Parade, as the only residential dwelling-house along the Parades, now has increased restrictions. These restrictions have been introduced to protect and preserve the character of the building, the adjacent spaces and its role within the wider conservation area.
The majority of the properties affected by the Article 4 Direction are in commercial use or are residential flats, which have no permitted development rights, and as such planning permission is required for most works. However, the revised Article 4 Direction means that planning permission is required on specified elevations for:-
- painting the exterior of the building and
- the erection, construction, maintenance or alteration of a gate, fence, wall or other means of enclosure.
The Article 4 Direction can be viewed fully by clicking on the link below. If you require any further information or would like to discuss any aspect of the revised Article 4 Direction, please contact the District Council’s Conservation Officers Tanya Shaw or Dr Mark Askey at Planning and Development Services (Tel: 01629 761250 or 01629 761350 respectively).