Article 4 Direction

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) Order 1995 (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 commerical and residential properties in;

• Wirksworth Conservation Area
• Matlock Bridge Conservation Area
• Matlock Bath Conservation Area
• Osmaston Conservation Area (only in relation to Coronation Cottages)

If you wish to find out whether an Article 4 direction covers your property please contact our Planning Design and Conservation Section on 01629 761250 or planning@derbyshiredales.gov.uk 

Wirksworth Conservation Area – Article 4 Direction

An Article 4 Direction was approved by the Secretary of State on over 400 un-listed historic properties within Wirksworth Conservation Area in March 1992. 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 1992 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 alteration of any existing building within the curtilage of the dwellinghouse.
• 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 painting of exterior masonry (including render, stonework or brickwork).

With regard to the painting of exterior masonry (including render, stonework and brickwork) 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 Wirksworth Conservation Area (see Related Documents at end of this page).

Owners/tenants of properties covered by the Wirksworth 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.

The District Council holds a complete schedule of all the properties within the Wirksworth Conservation Area that are covered by the Article 4 Direction. Please contact the Planning Department who will advise owners/tenants on the status of their property.

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 (see Related Documents at end of this page).

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.

Please refer to the Related Documents at the end of this page for the Matlock Bridge Article 4 Direction Schedule of Properties and Map.

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.

Osmaston Conservation Area – Article 4 Direction

An Article 4 Direction was approved by the Secretary of State on four un-listed historic properties (No.s 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

The Article 4 Direction can be viewed fully by using the links below. If you require any further information or would like to discuss any aspect of the revised Article 4 Direction, please contact our Conservation Officers Tanya Shaw or Dr Mark Askey at Planning and Development Services on 01629 761250 or 01629 761360 respectively.