We have made three Article 4 Directions relating to a number of bungalows which have been identified in the Radlett Plan as making a positive contribution to the local environment.

Scroll down for further informationFAQs and how to respond.

Article 4 Directions - Radlett Bungalows

 

Explanation

The government recently increased the amount of development which can be undertaken by householders without the need for a planning application (subject to certain limitations).  This is known as ‘permitted development’ (PD) and now includes the ability to build an extra storey on top of one storey homes, up to a 3.5m increase in roof height.  Two storey homes can be increased by a greater height.

The Radlett Neighbourhood Plan identified a number of bungalows as having individual and/or group value, and  we are of the view that the kind of upwards extensions which are now PD could have a detrimental impact on the value of these bungalows and on the character of the area.  In response we have made some Article 4(1) directions which removes the ability to make certain changes to those particular bungalows without first applying for planning permission.

An ‘Article 4 direction’ is a planning tool that can be used in local areas to remove PD rights for a particular type of development.

The introduction of Article 4 directions is intended to help manage change to the quality of the built environment where buildings have been identified of particular value.  It is not intended to prevent all other changes including the ability to extend the identified bungalows, under other permitted development rights, such as conventional loft conversions.

The Article 4 directions can be viewed below, together with a map identifying the affecting locations and a set of FAQs.

The directions will not take effect immediately but will come into effect 12 months after the date on which they were made in May 2022.  This will allow time for public consultation, and for us to consider whether any changes are needed.

Any comments or queries regarding the introduction of the Article 4 direction should be made by 5pm on Thursday 7th July 2022 either by email to local.plan@hertsmere.gov.uk or in writing to the below address.    

Planning Strategy Team 

Hertsmere Borough Council
Civic Offices
Elstree Way
Borehamwood
WD6 1WA

Frequently Asked Questions

What is an Article 4 Direction?

Planning permission is often required to extend a property.  However, sometimes a planning application is not required because of what is known as ‘permitted development’ (PD) rights, which are set out in national legislation and have typically allowed for some extensions to individual homes.  An ‘Article 4 direction’ is a planning tool used in local areas to remove PD rights for a particular type of development. They are used exceptionally where there are local concerns about the impact of a specific PD right.

In Hertsmere, for example, they have been used to avoid unsympathetic extensions to houses in conservation areas which would otherwise not require planning permission. They do not necessarily prevent development from happening, but require that people apply for planning permission for certain things which allows a greater degree of control. A legal process, including public consultation, has to be followed in order to introduce an Article 4 direction.

Why have you introduced these Article 4 directions?

The government recently increased the amount of development which can be undertaken without the need for planning permission, subject to certain technical criteria.  This includes allowing the creation of an additional storey on top of single-storey homes with the overall roof height able to be increased by up to 3.5 metres. There are new PD rights which allow this to be used as either additional living space or as a separate flat.

The Radlett Neighbourhood Plan was adopted in 2021 following a local referendum, and identifies a number of bungalows and groups of bungalows as making a positive contribution to the character of the area.  These Article 4 Directions will help manage future changes to those particular bungalows.

Who produced the Radlett Neighbourhood Plan?

The production of the Radlett Neighbourhood Plan (RNP) was initiated by Aldenham Parish Council in 2012 who established a local steering group to oversee its preparation.  Following consultation on a draft neighbourhood plan, an independent public examination was held at which it was agreed the plan could go to local referendum. Around 75 per cent of the votes cast supported the use of the RNP to help decide planning applications in the area; there was a turnout of 44 per cent for the referendum.  The RNP now forms part of the statutory planning framework for the area and is used, alongside the Local Plan for the whole borough, in assessing local planning applications.

What does the RNP say about bungalows?

The RNP seeks to ensure that planning applications for development (e.g. extensions, re-builds) protect or enhance the positive contribution of bungalows which have been identified for their individual and/or group value.  In particular, proposals to replace an existing bungalow which has been identified in the plan ‘must be broadly commensurate in terms of its existing ridge height and respect its wider setting…and be in keeping with key features typical of local bungalows’ (Policy HD7, RNP).  

What does the Article 4 direction mean for me?

Once the Article 4 direction comes into effect (in May 2023) you will need to apply for planning permission if you wish to add an extra storey to your bungalow, whether for extra living space or to create a self-contained flat. This will not affect the ability to extend your home under other permitted development rights and for which planning permission is not required. For example, conventional loft conversions (including adding rooflights and dormer windows), and rear/side extensions can still be carried out without the need for a planning application (subject to the relevant permitted development legislation).

What is restricted by this Article 4 Direction?

There are three specific clauses in the new PD rights which this Article 4 Direction seeks to control. These PD rights relate to the upwards extension of houses:

  • Part 1, Class AA - enlargement of a house by constructing additional storeys;
  • Part 20, Class AC – creation of new residential units on top of an existing terraced or semi-detached house; and
  • Part 20, Class AD – creation of new residential units on top of an existing detached house

When does the Article 4 Direction come into effect?

The Article 4 Direction is due to take effect in May 2023. This will allow time for public consultation, and for us to consider whether any changes are needed.

Do the Article 4 directions affect the whole borough?

No, they only affect specific bungalows in Radlett identified in the Radlett Neighbourhood Plan; please see the attached map to see all bungalows covered by similar Article 4 directions.

We have made three Article 4 Directions, which can be viewed above. 

Have other councils introduced similar Article 4 Directions?

Yes, a number of councils across England have introduced similar Article 4 Directions to control the heights of buildings in certain areas.

How can I respond to public consultation on this matter?

Any comments or queries regarding the introduction of the Article 4 Direction should be made by email to local.plan@hertsmere.gov.uk or in writing to the below address by 5pm on Thursday 7th July 2022.

Planning Strategy Team 

Hertsmere Borough Council
Civic Offices
Elstree Way
Borehamwood
WD6 1WA

All comments received will be taken into consideration in deciding whether or not to confirm the direction or whether to make any changes. If the direction is confirmed we will write to you again to notify you of this decision and any changes made.