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Article 4 Directions in Milton Keynes

An Article 4 Direction removes or restricts permitted development rights for certain building works or uses of property. This means that to carry out that development, an application for planning permission must be submitted and approved.

Do Article 4 Directions stop development?

No. They provide the Council with the ability to control development which could otherwise take place without an application being made. The Council can consider whether to grant permission for the development concerned and attach conditions to control it.

Article 4 Directions are also specific. If a Direction applies to a property, it does not mean that all permitted development rights have been removed. It will mean that certain types of works or changes of use need planning permission.

The same restrictions can also be imposed by way of a condition on a previous planning permission for the property.

Where do the Article 4 Directions apply?

There are several Article 4 Directions in place across Milton Keynes. Click below to find out more about each one.

An initial HMO Direction had immediate effect from 30 December 2010. It applied to the whole of the borough except for the wards of Hanslope and Olney, and the then Sherington and Danesborough wards. It was made permanent on 28 June 2011.

A second HMO Direction was first published on 22 December 2010 and made subject to consultation. It applied to the whole of the borough from the 23 December 2011 after it was made permanent.

This Direction removes permitted development rights for the change of use of a dwellinghouse to a House in Multiple Occupation (HMO). A planning application is required in all cases.

All HMOs must also comply with certain regulations, whilst HMOs over a certain size also require a licence from the Council.

An initial Direction came into effect on 2 July 2021 preventing the change of use of office buildings and their associated land to dwellings. This applied to the Business District within Central Milton Keynes (land bound by Portway, Saxon Gate, Childs Way and the West Coast Railway).

After a change in national legislation, a further Direction came into effect on 8 October 2022. This revised Direction has the same effect and applies to the same land.

planning application is required where it is intended to change existing offices in this area to flats or apartments.

This Article 4 Direction was introduced due to the threat to the special interest, character and appearance of the area through the loss of form, features, details and materials that would otherwise be allowed under permitted development rights. The aim is to protect the heritage significance of this important place by controlling small scale works that would individually or collectively erode or cause harm to it.

The Wolverton Article 4 Direction does not necessarily prevent all alterations to the exterior the property. It does, however, ensure that proposed changes accord with the objective of preserving or enhancing the character or appearance of the conservation area.

All dwellinghouses in this area are affected, but only in so far as extensions or alterations to elevations fronting a road (including side elevations on corner properties, and including painting), and the creation of hard surfaces, removal and replacement of walls, and installation of satellite dishes to the front.

Do I need to make a planning application for an alteration? - Wolverton

Development requires planning permission. However, certain matters are not development. This includes “the carrying out for the maintenance, improvement or other alteration of any building of works which do not materially affect the external appearance of the building”. Broadly speaking, this means if the changes do not cause a noticeable change to the appearance of the building, the Article 4 Direction does not have effect. This allows for repairs which repeat the detail and materials of the existing.

If you are unsure whether your proposed works materially affect the external appearance of the front of the building (or side elevation facing a highway), you should make an application for a Lawful Development Certificate. Such a judgement requires adequate detail to be provided. Alternatively, you may wish to satisfy yourself by considering the following questions:

  • When considering the existing eaves, verge, header, sill, string and plinth detailing on the property as a whole, are those features maintained?
  • Is the existing brick bonding pattern maintained?
  • Is exterior brick, slate and stonework maintained as existing and matched where replacement is required?
  • When considering replacement windows and fanlights, are the proportions and style of the existing windows maintained (i.e. are frame, casement, transom, mullion and glazing bars of similar thickness, width and colour to those which are being replaced, and is the existing material and opening method matched)?
  • When considering replacement doors, do glazing panels continue to feature where they already exist, in similar proportions to the existing; are similar fixtures (e.g. door knockers, letterboxes, etc.) installed; is the material of the existing matched; and does the overall appearance preserve the ‘age’ of the property?
  • When considering replacement rainwater goods, are they of matching material, colour, dimensions and shape?

If the answer to one or more of the above is ‘no’, then it is likely that the proposed works will require an application for planning permission unless permitted development rights allow for these works.

In Wolverton, permitted development rights exist for the creation or alteration of outbuildings and hard surfaces within rear gardens; extensions and alterations to rear elevations of the property (or side elevation where not fronting a road); the removal, replacement or erection of fences and walls to rear gardens; and the installation of satellite antennae to rear elevations of the property. The works must still satisfy the limits set out in legislation. These criteria are summarised in technical guidance.

What is likely to be acceptable under a planning application?

If you need to apply for planning permission, you should consider a proposal which preserves and/or enhances the character or appearance of the area. Consent will not normally be given to replace traditional features with modern ones, or to use substitute materials such as uPVC or timber cladding unless they match the appearance and detailing of the original.

Where modern materials have replaced traditional ones in the past, the aim to enhance the character or appearance of the area means the local planning authority will, where appropriate, seek restoration of traditional materials at the earliest available opportunity unless material considerations indicate otherwise.

This Article 4 Direction was introduced due to the threat to the special interest, character and appearance of the area through the loss of form, features, details and materials that would otherwise be allowed under permitted development rights. The aim is to protect the heritage significance of this important place by controlling small scale works that would individually or collectively erode or cause harm to it.

The Olney Article 4 Direction does not necessarily prevent all alterations to the exterior the property. It does, however, ensure that proposed changes accord with the objective of preserving or enhancing the character or appearance of the conservation area.

All dwellinghouses in this area are affected, but only in so far as any extensions or alterations, erection of porches, and the painting of exterior walls.

Development requires planning permission. However, certain matters are not development. This includes “the carrying out for the maintenance, improvement or other alteration of any building of works which do not materially affect the external appearance of the building”. Broadly speaking, this means if the changes do not cause a noticeable change to the appearance of the building, the Article 4 Direction does not have effect. This allows for repairs which repeat the detail and materials of the existing.

If you are unsure whether your proposed works materially affect the external appearance of the building, you should make an application for a Lawful Development Certificate. Such a judgement requires adequate detail to be provided. Alternatively, you may wish to satisfy yourself by considering the following questions:

  • When considering the existing eaves, verge, header, sill, string and plinth detailing on the property as a whole, are those features maintained?
  • Is the existing brick bonding pattern maintained?
  • Is exterior brick, slate and stonework maintained as existing and matched where replacement is required?
  • When considering replacement windows and fanlights, are the proportions and style of the existing windows maintained (i.e. are frame, casement, transom, mullion and glazing bars of similar thickness, width and colour to those which are being replaced, and is the existing material and opening method matched)?
  • When considering replacement doors, do glazing panels continue to feature where they already exist, in similar proportions to the existing; are similar fixtures (e.g. door knockers, letterboxes, etc.) installed; is the material of the existing matched; and does the overall appearance preserve the ‘age’ of the property?
  • When considering replacement rainwater goods, are they of matching material, colour, dimensions and shape?

If the answer to one or more of the above is ‘no’, then it is likely that the proposed works will require an application for planning permission unless permitted development rights allow for these works.

In Olney, permitted development rights exist for the creation or alteration of outbuildings and hard surfaces within the curtilage, as well as the erection of boundary walls and fences. The works must still satisfy the limits set out in legislation. These criteria are summarised in technical guidance.

What is likely to be acceptable under a planning application?

If you need to apply for planning permission, you should consider a proposal which preserves and/or enhances the character or appearance of the area. Consent will not normally be given to replace traditional features with modern ones, or to use substitute materials such as uPVC or timber cladding unless they match the appearance and detailing of the original.

Where modern materials have replaced traditional ones in the past, the aim to enhance the character or appearance of the area means the local planning authority will, where appropriate, seek restoration of traditional materials at the earliest available opportunity unless material considerations indicate otherwise.

Disclaimer

All the above constitutes guidance only, provided to assist in establishing the need or otherwise to make a planning application. It is not to be relied upon in establishing the lawfulness of proposed or existing works, which can only be provided by making an application for a Lawful Development Certificate.