Article 4 Directions

Article 4 Directions are made when the character of an area of acknowledged importance is at risk. Article 4 Directions are applied in Conservation Areas, parts of which may be particularly susceptible to harm caused by a succession of small changes. Other types of Article 4 Directions are not discussed here. The aim of an Article 4 Direction is to encourage the retention of high quality architectural features of our built heritage and to preserve and enhance the Conservation Area of which they are part.

Where there is not an Article 4 Direction, owners of houses in Conservation Areas have certain rights to undertake alterations to their property without the need for planning permission (permission is granted by virtue of the General Permitted Development Order). Where these rights are unchecked they can undermine and erode the ‘special interest’ of a Conservation Area, by allowing changes to the windows and doors, additions such as porches and general lack of attention to detail. Some small scale extensions to properties are also classed as 'permitted development' and can be carried out without Planning Permission.

In order to control the type of development in Conservation Areas the Council is able to make an 'Article 4 Direction', the effect of which is to take away classes of 'permitted development rights’ of dwellinghouses (not flats) on land or a building that fronts a highway, waterway, public footpath or open space. This will mean that a planning application will have to be submitted for work that normally does not need one. The precise details of minor works such as the design of window surrounds or the materials used are therefore controlled and extensions are encouraged at the rear rather than at the side.

The effect of an Article 4 Direction being made on a property does not mean that development of certain categories can no longer be carried out, but simply that it is no longer automatically permitted under the terms of the TCP (General Permitted Development) Order 1995. Such Directions are usually applied over an area rather than an individual property and are registered as a Local Land Charge, so that you will normally be aware of their existence. Article 4 Directions are not issued without careful consideration, because the Council may be required to pay compensation in circumstances where you cannot obtain planning permission for development which otherwise would be treated as permitted development.

No fee need be paid where an application for planning permission is required as a result of an Article 4 Direction.

Article 4 Directions apply to certain properties in Carisbrooke Road, Newport, the centre of Seaview and Church Path, East Cowes. From 29th January 2010 they also apply to properties in Brighstone (maps and schedule), Brook (maps and schedule), Freshwater Bay (maps and schedule, Hulverstone (map and schedule) and Mottistone (map and schedule). Further to these, from 20th May 2011 they also apply to properties in Bembridge (map and schedule), Ryde (map and schedule), Ryde St Johns (map and schedule), Sandown (map and schedule), and Shanklin (map and schedule).

For more information on the properties with Article 4 Directions please contact the Conservation and Design Team at Planning Services, Seaclose.

The aim of the Article 4 Direction is to encourage retention of the high quality features of buildings, to enhance the environment of which they are part and to enable input to design and detailing of repairs and modification. ‘Like for like’ repairs and reinstatement of architectural features will be encouraged, along with the removal of previously unsympathetic changes to buildings. If you are in doubt please contact the Conservation and Design Team.

If a Direction is in force, planning permission is required for certain alterations as detailed in the Schedule. The following notes indicate the issues the Council is approaching by implementing the Direction although these may vary on a street by street basis.

Article 4 Frequently Asked Questions Sheet

Material alterations to elevations may require planning permission from the Council under an Article 4 Direction. Applications for porches, removal of architectural details, extensions and other works materially affecting the appearance of the building will be assessed on a case by case basis.

A change of roof material will almost certainly require planning permission if the building is covered by an Article 4 Direction. If a roof is a pitched roof in a terrace or a group of buildings where natural slates dominate, re-roofing in natural slate will be called for. Where a roof is prominent, man-made (fibrous cement type) slates are not acceptable as an alternative to natural slate. Generally the retention of natural roofing materials is sought.

Good quality locally made bricks were used throughout the Island and it is appropriate that in Conservation Areas they should remain exposed. It is unlikely that permission would be granted for exterior painting of brickwork in areas covered by an Article 4 Direction. Where a facade has already been painted, planning permission would not be required for repainting unless it materially alters the appearance.

It is recognised that householders frequently wish to provide space for vehicles. However, some control is necessary to prevent cars from dominating the street scene. Proposals for vehicle hard standings may be refused unless they could be located or screened to minimise the impact on the surrounding area. Careful attention to paving and landscaping and the retention of garden walls is required. Planning permission to erect a fence, wall or railing on the front curtilage boundary, may be given if it was of a type which prevailed in the area. Planning permission may be required for the demolition of boundary walls.

If you are in doubt regarding any of the above please contact the Conservation and Design Team.