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Article 4 Direction

The Local Planning Authority can introduce Article 4 Directions where it considers that the importance of the area warrants even more stringent controls.

What are Article 4 Directions?

Property owners may normally carry out certain minor works without the need to apply for planning permission from the Local Planning Authority under rights which are granted by Parliament through legislation. These are called 'permitted development rights', and the rights relating to them are defined in the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

Under Article 4 of the Order, a Local Authority may make a direction to remove such rights if it feels that such development would be harmful to the character of an area. Where an Article 4 Direction is in force, you must obtain planning permission prior to undertaking the works which are covered by the Article 4 Direction. There are no planning fees payable for applications which are required as a result of an Article 4 Direction being imposed.

This type of direction introduces further controls which can apply to a wide variety of issues, such as;

  • replacement windows and doors
  • roof alterations
  • introduction of porches
  • the building of walls
  • alterations to buildings within the curtilage of a site
  • satellite dishes and
  • painting

In Derbyshire Dales District there are Article 4 directions on historic commercial and residential properties in;

If you wish to find out whether an Article 4 direction covers your property please contact our Planning Design and Conservation Section:

Wirksworth Conservation Area – Article 4 Direction

In 1992 An Article 4(1) Direction was approved by the Secretary of State for over 400 un-listed historic properties within Wirksworth Conservation Area. The owners/occupiers of all affected properties were notified in writing by the District Council, at that time, informing them of the Direction and the planning controls it imposed.

Since the original Article 4(1) Direction was introduced there have been a number of changes to planning regulations, so the District Council recently carried out a comprehensive review of the Direction. This review considered both residential and non-residential properties throughout the area and proposed a number of modifications to the original Direction.

  • The Article 4(1) Direction should be modified to accord with the current Classes of Development in the Town and Country Planning (General Permitted Development Order) 1995 (as amended).
  • The Direction should be modified to include relevant properties - this means that some properties were proposed for exclusion (such as 'listed' properties) and some were proposed to be included in the Direction.

In order to gain public opinion on the proposals a six week period of public consultation was undertaken between 13th March and 24th April 2014. The outcome of the consultation did not result in any material alterations to the Direction. 

In May 2014, the District Council approved the revised Article 4(1) Direction, without modification, which came into force on 1st August 2014. All property owners affected by the changes, and other interested parties, were notified in writing of the changes to the original Direction and the planning requirements for their individual properties.

Details of the Case for the Direction, the associated Maps and Schedules can be viewed below:

The Article 4(1) Direction includes properties in both residential and non-residential use (for planning purposes non-residential use includes commercial / retail / flats and apartments).

The revisions to the Direction mean that planning permission is required for the following development which affects a dwelling-house (this refers to all elevations including roofs, and to works within any associated curtilage/garden):-

  • Any extension, improvement or alteration to the property, including alterations to doors and windows.
  • Any alteration to the roof of the property, including roof-lights and a change to roofing material.
  • The erection of a porch outside any external door.
  • The provision of any building/structure/enclosure, or the alteration of any existing building/structure/enclosure within the curtilage/garden of the dwelling house.
  • The formation, or alteration, of a hard-standing.
  • The installation, alteration or replacement of a chimney, flue, or soil and vent pipe.
  • The erection, improvement, or alteration of any gates, fences, walls or other means of enclosure.
  • The painting, or repainting of any exterior stonework, render, or brickwork on any building (e.g. the property itself, or buildings within its curtilage / garden).
  • The installation, alteration or replacement of solar photo-voltaic, or solar thermal equipment.

Additionally planning restrictions also apply to non-residential property (this refers to all elevations including roofs, and to works within any associated curtilage/garden):-

  • The erection, improvement or alteration of any gates, fences, walls or other means of enclosure.
  • The painting, or repainting of any exterior stonework, render, or brickwork on any building (e.g. the property itself, or buildings within its curtilage / garden).
  • The installation, alteration or replacement of solar photo-voltaic, or solar thermal equipment.

 

Matlock Bridge Conservation Area – Article 4 Direction

An Article 4 Direction was approved by the Secretary of State on over 100 un-listed historic properties within Matlock Bridge Conservation Area in October 2006. The owners/occupiers of all affected properties were written to by the District Council at that time informing them of the Direction and what planning controls it imposed.

In brief, the additional planning controls that were introduced in 2006 are as follows. Planning Permission is likely to be required for the following development works:

  • Any extension, improvement or alteration to the property, including alterations to doors and windows (all elevations).
  • Any alteration to the roof of the property, including a change in roofing material.
  • The erection of a porch.
  • The provision of a hardstanding.
  • The installation, or alteration, of a satellite dish.
  • The erection, improvement or alteration of any gates, fences, walls or other means of enclosure.
  • The exterior painting of any building, or part of any building, including shopfronts.

With regard to the exterior painting of any building, or part of any building (including shopfronts) the District Council has produced a 'Colour Table' indicating the range of colours/hues that it considers appropriate to the general character and appearance of the Matlock Bridge Conservation Area.

Owners/tenants of properties covered by the Matlock Bridge Article 4 Direction are strongly advised to contact the District Council with regard to any works they are planning to undertake on their property. The District Council will then advise on whether or not those works would require Planning Permission under the Article 4 Direction.

Matlock Bridge Article 4 Direction - Schedule [PDF 49KB]

Matlock Bridge Article 4 Direction - Map [PDF 1.4MB]

Matlock Bridge Article 4 Direction - Colour Table [PDF 27KB]

Matlock Bridge Article 4 Direction - Case for Direction [PDF 147KB]

Matlock Bath Conservation Area - Article 4 Direction

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 / or the erection, construction, maintenance or alteration of a gate, fence, wall or other means of enclosure.

Matlock Bath Article 4 Direction - Colour Table [PDF 39KB]

Matlock Bath Article 4 Direction - Schedule [PDF 3.2MB]

Matlock Bath Article 4 Direction - Case for Direction [PDF 85KB]

Osmaston Conservation Area – Article 4 Direction

An Article 4 Direction was approved by the Secretary of State on four un-listed historic properties (Numbers 1-4 'Coronation Cottages') within Osmaston Conservation Area in 1991. The owners/occupiers of all affected properties were written to by the District Council at that time informing them of the Direction and what planning controls it imposed.

In brief, the additional planning controls that were introduced in 1991 are as follows.

Planning Permission is likely to be required for the following development works:

  • Any alteration to the roof of the properties, including a change in roofing material.

Further Information

If you require any further information or would like to discuss any aspect of the Article 4 Direction, please contact our Conservation Officers at Regulatory Services on 01629 761 360.

Conservation

Town Hall, Bank Road
Matlock, Derbyshire DE4 3NN
01629 761 250 / 360
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