Whether you happen to be a landlord; a property developer; an estate agent; or anyone who has made a career out of the housing market, you are likely well acquainted with the general permitted development order (GPDO).
You have probably investigated more than a few times if you have ever needed to upgrade your property; it is a great rule, one that offers some top benefits to homeowners of any kind.
However, the GPDO is not always smooth sailing for those wishing to make changes to their property. Particularly when an article 4 direction is invocated by the local council.
An article 4 direction is used by local councils to essentially restrict the number of permitted planning rights that people have over their property.
Say, for example, you wanted to make a small alteration that changed the overall aesthetic or function of your property. Thanks to permitted rights development, you would usually be able to do this without seeking further planning permission. When an article 4 direction is put in place, however, the work you can do to your property is highly limited.
The article is usually used by councils to preserve areas they wish to conserve. Usually aesthetically, i.e., if your property is in an area of outstanding natural beauty. Alternatively the council deems it important to keep the character of the area unchanged.
While it is typically the case that this article will be used in the name of area conservation; you will also encounter it on a more nuanced level. The direction can also be invoked to prevent specific changes to properties. As an example this could be a fence upgrade that is seen to negatively impact the residential amenity.
Usually, the property owner is consulted before an article 4 direction is made. The creation of the article is also subject to public consultation.
There needs to be a good reason for the article to be made. Once it is in place, there is no right of appeal.
If you want to make changes to your property and you discover that an article 4 direction is in place, you will need to apply for planning permission to make the alterations.
In situations like this, when planning permission is denied, you can seek an appeal against the decision. In any case if you are unsure as to whether or not an article 4 direction is in place in your current location; you can simply reach out to the local planning authority for advice.
As a landlord, there is a chance that an article 4 direction can affect the price of rent in an area where it is applied. This is especially the case when supplying HMOs in desirable areas. If the work to accommodate HMOs is restricted, the demand for this kind of housing drops and the cost of rent increases.
There is a good chance that extensive work will need to take place in order to modernise certain properties. Also to renovate them for the current market. Council invoked directions may prevent this from happening. This is particularly prevalent in older parts of certain cities.
It can supply you with some benefits. Especially if you own a property in an article 4 area already, as it could diminish the local competition.
Before you purchase property in the future, make sure you do some thorough surveying to make sure you are not going to be negatively affected by an article 4 direction.
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