Rotherfield Conservation Area – Article 4(2) Direction
Information
What is an Article 4(2) Direction?
Some development and certain minor works and alterations to buildings such as changes to doors and windows can be carried out without obtaining planning permission from the Council. Development of this kind is called “Permitted Development”.
Where there is reason to believe that the character and appearance of a Conservation Area is being eroded by such minor works and alterations the Council can make a Direction whereby certain classes of development and work will no longer be exempt from the need to obtain planning permission from the Council. This is called an Article 4(2) Direction.
The Problem
The most significant problem facing the Rotherfield Conservation Area today is the gradual erosion of its character and appearance arising from incremental changes within a street such as alterations to and/or replacement of traditional doors and windows. Whilst individual minor alterations may have little effect, the character of a street can gradually be transformed by the cumulative effect of these changes.
Furthermore, many of the buildings within the Rotherfield Conservation Area are reliant on their materials and architectural details for their character. The loss of unity caused by the introduction of alien, non-traditional materials and details or other alterations can change the character, appearance and visual quality of the area.
Reasons for making the Article 4(2) Direction
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Planning Permission
Please refer to the ‘List of dwellinghouses affected by the Article 4(2) Direction’.
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The Direction, which took effect on the 19th May 2006, affects all single family dwelling houses within the Conservation Area. From that date planning permission would be required for any works listed below WHICH FRONT OR FACE A STREET, RIVER, WATERCOURSE OR OPEN SPACE.
- Any enlargements, Improvements or alterations such as extensions, conservatories, replacement doors and windows
- Any alteration to a roof including replacement roof coverings, insertion of rooflights and solar panels
- Building a Porch
- Erecting sheds etc
- Building a swimming pool, a separate structure(e.g. shed, summerhouse etc.) or other means of enclosure.
- Building a hardstanding
- Installing a satellite antenna
- Removing, building and altering chimneys
- Removing or building walls, gates, fences or other means of enclosure
- Exterior painting of either previously unpainted surfaces or resulting in a change of colour
Planning Applications needed as a result of the Direction will be exempt from the payment of a fee.
There are already some limitations on householders permitted development rights for these works. There are also special rules for listed buildings, the demolition of any building in the Conservation Area and controls for flats and commercial property.
The Direction will be shown on our Land Charges Register when a ‘search’ is made on a property which is for sale.
What does not require planning permission?
The aim of these additional controls is to encourage good restoration and ‘like for like’ repairs in traditional or original designs. Unless you live in a Listed Building you will NOT NEED PLANNING PERMISSION for:
- Repairs to your property or to replace features exactly ‘like for like’ (e.g. replacing single-glazed, timber, sliding-sash windows with matching single-glazed, timber, sliding-sash windows)
- Erection of sheds within specified size limits in a rear garden, where also not fronting a highway or open space
- Roof lights that do not alter the shape of the roof on rear roof slopes, where also not fronting a highway or open space
- Changes to windows and doors to the rear, where also not fronting a highway or open space
- Installing a satellite dish on the rear of your house, where also not fronting a highway or open space. However, there are limitations relating to numbers, height and size which should first be checked with the planning office
If you wish to carry out alterations you should check with the Planning Department and inform your architect, solicitor or building society that you live in a Conservation Area and that there is an Article 4(2) Direction. If inappropriate alterations are carried out without planning permission, enforcement action may result.
Notice and Confirmation
The Article 4(2) Direction came into effect on the 19th May 2006 and was confirmed on the 10th November 2006.
The Notice has been advertised in the local press (Courier of 19th May 2006 and 10th November 2006) and can be seen on this web site
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