SCHEDULE 3Procedures for Article 4 directions
Procedure for article 4(1) directions with immediate effect2
1
This paragraph applies where—
a
a direction relating only to development permitted by any of Parts 1 to 4, or Class B or C of Part 11, of Schedule 2 has been made by the local planning authority under article 4(1) and the authority consider that the development to which the direction relates would be prejudicial to the proper planning of their area or constitute a threat to the amenities of their area; or
b
a direction within the whole or part of any conservation area has been made by the local planning authority under article 4(1) which the authority consider should have immediate effect and the development to which the direction relates is described in paragraphs (a) to (j) of sub-paragraph (3).
2
Subject to sub-paragraphs (3), (4) and (9), paragraphs 1(1) to (3), (4)(a) to (d), (5), and (8) to (10) apply in relation to a direction to which this paragraph applies; and the planning authority must notify the Secretary of State of the direction on the same day that notice is given under paragraph 1(1).
3
The Secretary of State may not make a direction under paragraph 1(13) within the whole or part of any conservation area where the development to which the direction relates is described in—
a
Class A of Part 1 of Schedule 2, consisting of the enlargement, improvement or other alteration of a dwellinghouse, where any part of the enlargement, improvement or alteration would front a relevant location;
b
Class C of Part 1 of that Schedule, where the alteration would be to a roof slope which fronts a relevant location;
c
Class D of Part 1 of that Schedule, where the external door in question fronts a relevant location;
d
Class E of Part 1 of that Schedule, where the building or enclosure, swimming or other pool to be provided would front a relevant location, or where the part of the building or enclosure maintained, improved or altered would front a relevant location;
e
Class F of Part 1 of that Schedule, where the hard surface would front a relevant location;
f
Class G of Part 1 of that Schedule, consisting of the installation, alteration or replacement of a chimney on a dwellinghouse;
g
Class H of Part 1 of that Schedule, where the part of the building or other structure on which the antenna is to be installed, altered or replaced fronts a relevant location;
h
Class A of Part 2 of that Schedule, where the gate, fence, wall or other means of enclosure would be within the curtilage of a dwellinghouse and would front a relevant location;
i
Class C of Part 2 of the Schedule, consisting of the painting of the exterior of any part of—
i
a dwellinghouse; or
ii
any building or enclosure within the curtilage of a dwellinghouse,
which fronts a relevant location;
j
Class C of Part 11 of that Schedule, where the gate, fence, wall or other means of enclosure is within the curtilage of a dwellinghouse and fronts a relevant location.
4
The Secretary of State may not modify a direction to which this paragraph applies or a direction which relates to—
a
a listed building;
b
a building which is notified to the authority by the Secretary of State as a building of architectural or historic interest; or
c
development within the curtilage of a listed building,
and does not relate to land of any other description.
5
The direction comes into force in respect of any part of the land within the area to which it relates—
a
on the date on which the notice is served in accordance with paragraph 1(1)(c) on the occupier of that part of the land or, if there is no occupier, on the owner; or
b
if paragraph 1(2) applies, on the date on which the notice is first published or displayed in accordance with paragraph 1(1).
6
A direction to which this paragraph applies expires at the end of the period of 6 months beginning with the date on which it comes into force unless confirmed by the local planning authority in accordance with paragraphs 1(9) and (10) before the end of the 6 month period.
7
The local planning authority must, as soon as practicable after a direction has been confirmed—
a
give notice of their confirmation; and
b
send a copy of the direction as confirmed to the Secretary of State.
8
Notice under sub-paragraph (7)(a) must be given in the manner described in paragraphs 1(1) and (4)(a) to (c); and paragraphs 1(2) and (3) apply for this purpose as they apply for the purpose of paragraph 1(1)(c).
9
Sub-paragraph (7)(b) does not apply in relation to a direction to which sub-paragraph (3) applies or to a direction which relates to—
a
a listed building;
b
a building which is notified to the authority by the Secretary of State as a building of architectural or historic interest; or
c
development within the curtilage of a listed building,
and does not relate to land of any other description.
10
In this paragraph, “relevant location” means a highway, waterway or open space.