Article 4 and Regulation 7 directions
Article 4 direction
An Article 4 direction is a special planning regulation adopted by a Local Planning Authority to provide additional powers of planning control in a particular location. Article 4 directions withdraw certain permitted development rights. For buildings this can include specified classes of minor alterations and extensions, such as porches, replacement of windows and doors and painting of the exterior of a building, which are set out in the direction. They cannot be applied retrospectively to development, which has already been carried out prior to the making of the direction.
They generally only apply to the main elevations of a property facing a highway, footpath or public space. They only apply to houses and not to flats (which do not benefit from the same permitted development rights as houses), or other commercial properties.
Government guidance suggests that the power should be used selectively and in relation only to development, which is likely to threaten the character and appearance of the conservation area.
The effects of Article 4 directions
The effect of these Article 4 directions is that planning permission is required for these minor developments that would otherwise not require an application for planning permission. This enables the council to control these minor developments so as to ensure that they accord with its policies to protect the character of a Conservation Area or the visual amenities of other areas and prevent developments that do not accord with those policies.
Once an Article 4 direction has been made, planning permission becomes necessary for changes. However it does not affect:
- repairs or maintenance
- like for like replacement
- any alterations which have already taken place, and
- painting or decoration (except of previously unpainted brickwork).
What can be included
The details of Article 4 directions varies between different areas but includes all or some of the following:
- windows
- doors
- roofs
- chimneys
- architectural details
- painting of unpainted properties
- boundary walls, fences, railings
- porches, and
- hardstandings.
Article 4 directions covering conservation areas in Chichester
Chichester District Council has introduced a number of Article 4 directions to protect the character of conservation areas. These have been implemented through the process of preparing character appraisals for these areas where these appraisals have identified the need for additional planning controls.
Regulation 7 direction
A Regulation 7 direction is a legal process that we can use to remove the deemed consent for some adverts to allow greater control over their use.
The council received confirmation in December 2022 from the Secretary of State that the council's request to remove deemed consent for the erection of estate agent boards within the primary and secondary shopping frontages has been approved.
The direction is made under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007. The effect of the direction is that no residential or commercial sale or letting boards may be displayed on the properties within the primary and secondary shopping frontage without express consent. The direction came into effect on the 10 February 2023 for a 10 year period.
A planning application can still be submitted, with no fees needed, to carry out development restricted by the Regulation 7 direction. However it may not be approved for the form of development restricted.
Regulation 7 Order (PDF, 79 KB)
How do I report an unauthorised Estate Agent's Board?
To report an unauthorised board, submit a complaint to the Planning Enforcement team. Please state "unauthorised estate agent boards" when identifying the type of breach of planning control.
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