Article 4

[Wendyanne]

Hi
I was wondering if anyone on here can give me an idea how long and Article4 directive lasts for?

We moved to our newly established village in 2001 and some of us that were the first residents to move in were sent {three months after moving in}some paperwork from the local council that states that an Article4 directive was being issued on us so that to do certain things to our property we need planning permission whereas others who came later on can put in UPVC{not sure of the spelling}without having to go through planning.

The windows which were fitted by the builders are wooden double glazed units which no paint sticks to because the wood is a soft wood and the windows had been primed ready for staining and once the mistake had been spotted were painted white off site and then fitted into the window spaces when the houses were being built but we never found this out until much later{when the original builders had been taken over by Wimpy}.

We would like in the future to get these wooden windows replaced with plastic ones as they are easier to maintain especially as we are getting older and my hubby isn't going to fancy climbing up a ladder to paint them when he is in his 70's and 80's.

A few years back we had Anglian Windows knock on our door trying to flog us double glazing and when we told the salesman about the Article4 he told us these Article4's only last 10 years and then residents can do what they like within reason.

If we can get the job done without having to pay the council x number of £'s for planning permission we would much rather do it,as the money is better off in our bank account than the councils..

If anyone can help with any advice i would be most greatful

Thanks

[Mo]

I should phone the council and ask. You can withhold your phone number and ask it as a general enquiry.
Or do it anyway and say that you were told you could. Can't see them acting unless someone complains that you've done something dreadful.

[Totally Scrambled]

I thought Article 4 was for Conservation areas, listed buildings etc. so I take it you are in a conservation area or historic type town/village.
We live in a Conservation area and as far as I'm aware the Article 4 stays in effect until the Council change the areas designation.
I'm not sure if window replacement incurs a fee when you ask permission to change the windows though or whether you just have to ask them.
I do know that if you carry out any work and they find out that you would have to undo the work and reinstate what was there before.
Hope that helps a little.
Dom

[manda]

Hi Wendyanne...I've been having a bit of a read (I am not in the UK anymore and had never heard of Article 4)....my understanding of it is as Dom says it does not expire.

This doesn't mean that an owner cannot make any alterations to their home but it does give the Council the opportunity to help with the design of proposals to ensure that they are in keeping with the Conservation Area.

There are two types of Article 4 Direction that can be applied to a Conservation Area, the main difference between the two being the designation process. Whilst Article 4(1) Directions were originally designated by the Secretary of State Article 4(2) Directions are now designated by the Borough Council. Once an Article 4 Direction is in place they act in the same way to place specific planning controls on a Conservation Area....so I would say if your house has an Article 4 direction then so do the others around you.

The other thing I've got from my readings is in areas with an Article 4 Direction, owners (as you say and dependent on what the direction is) may have to apply for planning permission for proposed building work that would not normally require planning permission. BUT, because of the extra effort that owners have to make to obtain the appropriate planning permissions within an Article 4 Direction area, the Council does not charge a fee for deciding Planning or Conservation Area Consent applications for work that would previously have been Permitted Development. ...this is repeated in council sites across the UK (I checked).

Those Conservation Areas without Article 4 Directions are currently considered to be sufficiently protected through other statutory measures....so in actual fact it would seem they added Article 4 directions into their legislation to make sure the appearance of an area stays as they want it.

I don't know which council you come under but I would think by reading about it that they all legislate in the same way.

Hope that helps.
Manda