An Article 4 direction is made by a local planning authority in the United Kingdom and exceptionally may be subject to intervention by the government. It serves to restrict permitted development rights, which means that a lot of the things people do to their land or houses without planning permission and often take for granted, are brought into the realms of planning consent. It does not in itself prohibit any action but means that a landowner is required to seek planning consent whereas without the direction this would not be necessary. [1]
An Article 4 direction is not a conservation designation as such. It is a statement made under the Town and Country Planning Acts, specifically the Town and Country Planning (General Permitted Development) Order 1995. The direction removes all or some of the permitted development rights on a site. For example, it could stop a landowner from holding car boot sales on their land for 14 days per year—a right which they would otherwise have—or could restrict a householder from converting a property into multiple flats. [2]
There are certain permitted development rights that cannot be withdrawn by an Article 4 direction. These exemptions are to ensure permitted development rights related to national concerns, safety, or maintenance work for existing facilities cannot be withdrawn. [1]
Article 4 directions were in the past a rarely used instrument which was not particularly effective, and was difficult to apply as it always required the approval of the Secretary of State. The 1995 Town and Country Planning (General Permitted Development) Order made significant improvements to the process, and since that time the use of Article 4 directions has increased. [3]
Since 1995 there have been three types of direction:
A direction under either article 4(1) or 4(2) of the 1995 order may be made by the district or county planning authority in relation to a conservation area, but only by the district/borough council in other cases. The Secretary of State may also make a direction.
Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a single use, they may combine several compatible activities by use, or in the case of form-based zoning, the differing regulations may govern the density, size and shape of allowed buildings whatever their use. The planning rules for each zone, determine whether planning permission for a given development may be granted. Zoning may specify a variety of outright and conditional uses of land. It may indicate the size and dimensions of lots that land may be subdivided into, or the form and scale of buildings. These guidelines are set in order to guide urban growth and development.
A Site of Special Scientific Interest (SSSI) in Great Britain or an Area of Special Scientific Interest (ASSI) in the Isle of Man and Northern Ireland is a conservation designation denoting a protected area in the United Kingdom and Isle of Man. SSSI/ASSIs are the basic building block of site-based nature conservation legislation and most other legal nature/geological conservation designations in the United Kingdom are based upon them, including national nature reserves, Ramsar sites, Special Protection Areas, and Special Areas of Conservation. The acronym "SSSI" is often pronounced "triple-S I".
In the United Kingdom, a scheduled monument is a nationally important archaeological site or historic building, given protection against unauthorised change.
This page gives an overview of the complex structure of environmental and cultural conservation in the United Kingdom.
In United States constitutional law, a regulatory taking occurs when governmental regulations limit the use of private property to such a degree that the landowner is effectively deprived of all economically reasonable use or value of their property. Under the Fifth Amendment to the United States Constitution governments are required to pay just compensation for such takings. The amendment is incorporated to the states via the Due Process Clause of the Fourteenth Amendment.
A listed building, or listed structure, is one that has been placed on one of the four statutory lists maintained by Historic England in England, Historic Environment Scotland in Scotland, Cadw in Wales, and the Northern Ireland Environment Agency in Northern Ireland.
Planning permission in the United Kingdom is the planning permission required in the United Kingdom in order to be allowed to build on land, or change the use of land or buildings. Within the UK the occupier of any land or building will need title to that land or building, but will also need "planning title" or planning permission. Planning title was granted for all pre-existing uses and buildings by the Town and Country Planning Act 1947, which came into effect on 1 July 1948. Since that date any new "development" has required planning permission. "Development" as defined by law consists of any building, engineering or mining operation, or the making of a material change of use in any land or building. Certain types of operation such as routine maintenance of an existing building are specifically excluded from the definition of development. Specified categories of minor or insignificant development are granted an automatic planning permission by law, and therefore do not require any application for planning permission. These categories are referred to as permitted development.
The freedom to roam, or "everyman's right", is the general public's right to access certain public or privately owned land, lakes, and rivers for recreation and exercise. The right is sometimes called the right of public access to the wilderness or the "right to roam".
In the United States, a plat (plan) is a cadastral map, drawn to scale, showing the divisions of a piece of land. United States General Land Office surveyors drafted township plats of Public Lands Surveys to show the distance and bearing between section corners, sometimes including topographic or vegetation information. City, town or village plats show subdivisions broken into blocks with streets and alleys. Further refinement often splits blocks into individual lots, usually for the purpose of selling the described lots; this has become known as subdivision.
Conservation is the preservation or efficient use of resources, or the conservation of various quantities under physical laws.
Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own planning system that is responsible for town and country planning, which outside of England is devolved to the Northern Ireland Assembly, the Scottish Parliament and the Senedd.
The Ontario Heritage Act, first enacted on March 5, 1975, allows municipalities and the provincial government to designate individual properties and districts in the Province of Ontario, Canada, as being of cultural heritage value or interest.
The Town and Country Planning Act 1990 is an act of the United Kingdom Parliament regulating the development of land in England and Wales. It is a central part of English land law in that it concerns town and country planning in the United Kingdom. Repealed in parts by the Planning and Compensation Act 1991, it is now also complemented by the Planning and Compulsory Purchase Act 2004.
The Town and Country Planning (England) Order 2015 is a statutory instrument, applying in England, that grants planning permission for certain types of development. Schedule 2 of the GPDO 2015 specifies the classes of development for which planning permission is granted, and specifies the exceptions, limitations, and conditions that apply to some of these classes. The GPDO 2015 was made by the Secretary of State under authority granted by sections 59, 60, and 333 of the Town and Country Planning Act 1990.
In the United Kingdom, statutory undertakers are the various companies and agencies given general licence to carry out certain development and highways works.
A loft conversion or an attic conversion is the process of transforming an empty attic space or loft into a functional room, typically used as a bedroom, office space, a gym, or storage space. Loft conversions are one of the most popular forms of home improvement in the United Kingdom as a result of their numerous perceived benefits. The installation of a loft conversion is a complicated process, and whilst it may be possible to attempt a 'DIY' loft conversion, the large amount of work involved often results in many people choosing to contract a specialist loft conversion company to undertake the task.
An urban planner is a professional who practices in the field of urban planning.
In the United Kingdom, the term conservation area almost always applies to an area of special architectural or historic interest, the character of which is considered worthy of preservation or enhancement. It creates a precautionary approach to the loss or alteration of buildings and/or trees, thus it has some of the legislative and policy characteristics of listed buildings and tree preservation orders. The concept was introduced in 1967, and by 2017 almost 9,800 had been designated in England.
Planning use classes are the legal framework which determines what a particular property may be used for by its lawful occupants. In England and Wales, these are contained within the text of Town and Country Planning Order 1987.
Compulsory purchase is the power to acquire rights over an estate in English land law, or to buy that estate outright, without the current owner's consent in return for compensation. In England and Wales, Parliament has granted several different kinds of compulsory purchase power, which are exercisable by various bodies in various situations. Such powers are "for the public benefit", but this expression is interpreted very broadly.