Partner Karen Jones, in our Planning & Environmental Law team, explains Article 4 Directions.
We have recently published a blog article in respect of the recent vote by Reading Borough Council to make an Article 4 Direction in respect of commercial to residential permitted development rights.
The Town and Country Planning (General Permitted Development) (England) Order 2015 (“GPDO”) grants deemed permission for certain types of development, commonly referred to as permitted development rights.
Article 4 of the GPDO permits the Secretary of State or Local Planning Authority to make a Direction (known as an Article 4 Direction) which withdraws certain types of development within an area where it is satisfied that it is expedient to make such a Direction. This requires Local Planning Authorities to carry out an evidence based approach on the expediency of making a Direction, a lack of sufficient evidence could give rise to challenge of the Direction.
There are certain types of development that Article 4 Directions cannot be applied to which are beyond the scope of this article.
There are two types of Article 4 Directions, immediate and non-immediate. Immediate Article 4 Directions will apply immediately as the name suggests, however the Local Planning Authority must confirm the Direction within 6 months following a public consultation.
Non-immediate Article 4 Directions do not take effect until following local consultation and subsequent confirmation by the Local Planning Authority.
The Secretary of State is notified of all Article 4 Directions made by Local Planning Authorities as soon as practicable after confirmation. The Secretary of State can intervene where there are clear reasons to do so.
Compensation is payable in certain circumstances following the making of an Article 4 Direction. This would be payable where planning permission is applied for and refused for development which would have but for the Article 4 Direction been able to be carried out under the GPDO, or where such planning permission is granted but subject to more restrictive conditions than those imposed by the GPDO.
To avoid compensation payments a Local Planning Authority can confirm and publish its intention to make the Direction at least 12 months, and not more than 2 years, ahead of the Article 4 taking effect. This is the approach that Reading Borough Council have taken recently with the Article 4 proposed to take effect at the end of October 2022.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
