A recent decision by the Secretary of State for Levelling Up, Housing and Communities (SofS) has reaffirmed the government’s policy that Article 4 Directions should be used to remove permitted development rights only where they meet the criteria set out in paragraph 53 of the National Planning Policy Framework 2021 (NPPF), and should not be drawn more widely than necessary, writes Emily Knowles.
The Article 4 Direction in contention sought to remove the permitted development right under Class MA (change from Class E to Class C3 (dwellings) for sites within Brighton and Hove Council. The SofS modified the boundary of the Article 4 Direction on the grounds that the Direction did not take a “significantly targeted approach in the assessment of the wholly unacceptable adverse impacts of the permitted development right in each location”. The letter from the SofS was clear that any article 4 direction should apply to the “smallest geographical area possible”.
This decision is an example to local planning authorities as to the approach that the Secretary of State will take to Article 4 directions which seek to remove permitted development rights without proper justification and which do not comply with paragraph 53 of the NPPF. The government is committed to providing housing and meeting its housing delivery targets. The permitted development right under Class MA is a big part of delivering on that and as such the SofS will be sure to thoroughly examine Article 4 directions to ensure that where they are removing the permitted development right, it is justified and in line with the paragraph 53 of the NPPF.
LPAs thinking about making Article 4 directions should think carefully about how widely they draw the scope, the evidence that they use to justify the direction, and should carefully apply paragraph 53 of the NPPF. Sharpe Pritchard’s planning team have experience advising local authorities making Article 4 directions and would be happy to assist. Please do get in touch.
Emily Knowles is a Partner at Sharpe Pritchard LLP.
For further insight and resources on local government legal issues from Sharpe Pritchard, please visit the SharpeEdge page by clicking on the banner below.
This article is for general awareness only and does not constitute legal or professional advice. The law may have changed since this page was first published. If you would like further advice and assistance in relation to any issue raised in this article, please contact us by telephone or email This email address is being protected from spambots. You need JavaScript enabled to view it.
