Article 4 Directions

What is an Article 4 Direction?

An Article 4 Direction limits the works that can be carried out without needing planning permission from the Council. For example, householders can normally make minor alterations to their houses without requiring planning permission. This is called “permitted development”. However, in some areas, the council has removed these "permitted development" rights by either making an Article 4 Direction, and/or by limiting the range of such rights applicable to a new development by means of one of more planning conditions attached to a planning permission.

For further information on Article 4 Directions, please continue reading this web page.

For further information on permitted development rights limited through the grant of planning permission, please click here.

Article 4 Directions are typically used when further control of development in a conservation area is considered desirable to preserve its special character and appearance. However, not all Article 4 Directions apply to land and/or building location within a conservation area and such directions can be made to help provide the Council, as the local planning authority, with more effective control over a range of different scenarios, including control over the provision of fencing and/or outbuildings in visually sensitive locations, where no requirement to seek planning permission for these sorts of development could lead to harm to visual and/or residential amenity.

The making of Article 4 Directions

Except in emergency situations, the making of an Article 4 Direction (thereby restricting the development rights of persons with an interest in the land/property) will normally follow public consultation, including with the affected land/property owner(s).  Once an Article 4 Direction has been made, it would normally apply for an indefinite period and will always appear as a land charge on the land registry, unless subsequently revoked or replaced by a later direction.

The reason for making an Article 4 Direction must always be given and fully justifiable. The reasons used vary to some degree depending on the local physical context and circumstances at the time of making the relevant direction, but are typically based around the protection of the amenity of the locality. Depending on the type of direction planned to be made, the approval of the government’s Secretary of State will sometimes be needed before the direction can be formally confirmed as coming into force.

Table of Article 4 Directions in Swale Borough

*  These Article 4 Directions have all effectively been superseded by the Faversham Conservation Area Article 4 Direction made in May 2007 (see table entry no. 18)

Faversham Conservation Area Article 4 Direction

The Faversham Article 4 Direction is the largest single such direction in Swale Borough and applies specifically to the vast majority of Victorian and Edwardian residential properties within the Faversham Conservation in order to help the Council manage physical change to them more effectively by requiring a planning application for certain types of work, including replacement doors and windows and roof coverings on the principal elevations facing a public highway.

The existing guidance note and list of applicable addresses for the Faversham Article 4 Direction can be viewed here:

If your land or home is covered by an Article 4 Direction you may be required to apply for planning permission to carry out minor development such as the erection of fencing/walling and/or outbuildings, or for home improvements such as changing external doors and windows or the painting of brickwork on the outside of a property. In these circumstances, permission will only be granted where the Council, following a careful assessment, conclude that the proposed development would not be unacceptably harmful in any way, complies with the relevant Local Plan policies, and where applicable, any specific guidance related to the direction and any of the relevant local planning guidance documents, notably Designing an Extension – A Guide for Householders (see: https://swale.gov.uk/news-and-your-council/publications/planning-and-planning-policy/local-planning-guidance).

If you wish to check whether a building or parcel of land in the Borough is subject to one of the other Article 4 Directions in the Borough, you can use our Interactive Map to find this out. You will need to select the Heritage and Environment Map Category in the menu bar, and then ensure that the Article 4 information layer is ticked on the option menu. You can also use this service to check the location and extent of conservation areas in the Borough – just ensure you have the Conservation Areas information layer ticked on the option menu.

Review of Article 4 Directions

There is no specific legal requirement for Article 4 Directions to be reviewed, but it is best practice to ensure that once made, they remain both (a) necessary, and (b) fit for purpose. Where such directions are made in relation to a conservation area, the Council will review the direction (and any associated guidance provided with it) when the conservation area itself is reviewed, and the Council is now committed to a rolling programme of such reviews as set out in the adopted Swale Heritage Strategy 2020 – 2032 with a programme of early reviews set out in the initial 3-year action plan (see: https://swale.gov.uk/planning-and-regeneration/heritage-and-landscape/heritage-strategy).

Elsewhere, the Council will review existing and any new directions made from time-to-time, resources permitting, and specifically when it becomes aware of circumstances that justify review of any particular direction.

Further information for Article 4 Directions

Historic England has produced a web page with information specifically on Restricting Permitted Development: Article 4 Directions and Heritage.  This contains some useful web links to related information, and you can view this web page by clicking here.