Article 4 Direction Planning Legislation

Certain works to buildings that would usually require planning permission are permitted by the government’s General Permitted Development Order (commonly referred to as ‘permitted development’). This is largely because the works are of a type or scale that generally is not deemed to have an unacceptable impact. The permitted development rules are the same across the country and so cannot account for local sensitivities.

A number of permitted development rights are restricted in the case of conservation areas and listed buildings. Article 4 Directions are made by the local planning authority to curtail permitted development rights. Where an article 4 direction is in place, a planning application may be required for works that would otherwise have qualified as permitted development. Article 4 Directions are therefore used to control development that could damage the character of an important area (for example a conservation area). 

Some councils have maps or lists that show areas where Article 4 Directions are in place, while others require you to contact them directly. For example, Cambridge City Council has a website allowing site owners to check for specific constraints on their land.

Alongside Article 4 Directions, it is also worth checking a property’s title deeds for restrictive covenants, as these can add further specific limitations on development and may require additional legal processes or negotiations. Within Cambridge, certain properties originally built on college land can contain restrictive covenants, for example. 

When selling properties or land, owners sometimes restrict what their buyer and subsequent owners can do, to reduce the potential of any detrimental harm to the land retained by the seller (for example unwelcome or antisocial uses). A good example is on modern housing estates there are often restrictions limiting the use of properties except as single private dwellings, or for houses not to be altered or extended without the original seller’s permission. Legal conveyancers should advise on any restrictive covenants when buying a property.

Our knowledge of the Cambridge conservation areas and local planning policy, combined with our experience working with the local authorities within Cambridgeshire, means we are well-placed to guide clients through the complex planning process and local restrictions.