THANET DISTRICT COUNCIL
CONSULTATION DRAFT
ETHELBERT ROAD AND ATHELSTAN
ROAD CONSERVATION AREA
PROPOSED ARTICLE 4 DIRECTION
1. Introduction
Ethelbert and Athelstan Roads form part of the larger late Victorian and Edwardian
suburban development in Cliftonville which was specifically chosen to be
designated as a conservation area due to many of the properties retaining their
original detailing.
Unfortunately, even though these properties are of historic and architectural interest,
they are afforded little in the way of formal protection and certain kinds of
development and alterations to the properties can be carried out which could easily
result in these attractive properties being changed beyond recognition, thus
detracting from the intrinsic character of Ethelbert Road and Athelstan Road. These
works can be carried out as ‘permitted development’ which are allowed under the
Town and Country Planning (General Permitted Development) Order 2015.
‘Permitted development’ rights mean that owners or occupiers can carry out certain
types of work (‘development’) to their properties without the need to seek planning
permission first.
However under Article 4 of the Town and Country Planning (General Permitted
Development) Order 2015, a Council may make Directions to remove such rights if it
feels that these permitted developments would be harmful to the character or
appearance of a conservation area.
2. What is an Article 4 Direction?
An Article 4 Direction is a special planning regulation which can be used by a Local
Planning Authority to provide additional powers of planning control by
withdrawing ‘permitted development’ rights in a particular area for specified works
which are set out in the Direction. They generally only apply to the main elevations
of a property facing a highway, footpath or public space.
3. The Ethelbert Road and Athelstan Road Conservation Area Article Direction
In January 2015 Thanet District Council designated Ethelbert Road and Athelstan
Road as a Conservation Area. The designation of the Conservation Area was
consulted on with owners and occupiers of all properties in the Conservation Area.
The consultation also sought opinions on the introduction of an Article 4 Direction.
The result of the consultation was that there was strong support for the removal of
some of the permitted rights. There were residents who felt that under the current
circumstances, further measures should be taken to enforce the Conservation Area
regulations and that some properties should revert back to their original features.
The Article 4 Direction is introduced in response to long-term commitment from
Thanet District Council to protect its conservation areas.
4. The effects of the Article 4 Direction
The effect of the Article 4 Direction is that some types of ‘permitted development’
rights within the Ethelbert Road and Athelstan Road Conservation Area would no
longer be automatically permitted. It does not mean that property owners cannot
make any changes to their property. Instead it means that property owners have to
make a planning application to the Council first, before carrying out certain forms of
development. This is particularly relevant to properties which front a public
highway or public open space. It does not prevent property owners carrying out
other forms of permitted development to the rear of their properties, such as rear
extensions.
On receipt of a planning application the Council can assess the proposals in the
usual way, having regard to planning policy and law. In assessing planning
applications, the Council will aim to ensure that the changes proposed are in
keeping with the character of the conservation area and that traditional features are
retained or replicated.
5. What work is covered by the Direction?
Planning Permission will now be needed for the works described below. They
cannot be applied retrospectively to development which has already been carried
out.
In determining planning applications the Council will not normally approve the loss
or replacement of important or traditional features with modern ones, and is
unlikely to allow the use of inappropriate substitute materials such as aluminium or
plastic. Where modern materials have replaced traditional ones in the past, the
Council would want to see the original materials and details restored when
circumstances allow or when further replacement is needed.
The Article 4 Direction will remove the following forms of permitted development,
as defined in the Town and Country Planning (General Permitted Development)
Order 2015:
5.1 Development within the curtilage of a dwellinghouse:

The enlargement, improvement or other alteration of a dwellinghouse where
any part of the enlargement, improvement or alteration would front a
highway (Part 1, Class A).

Any alteration to the roof of a dwellinghouse - where the alteration would be
to the roof slope which fronts a highway (Part 1, Class C).

The erection or construction of a porch outside any external door of a
dwellinghouse - where this would front a highway (Part 1, Class D).

Development consisting of:
(a) the provision of any hard surface within the curtilage of the dwellinghouse
where this would front a highway; and
(b) the replacement of such a surface - where this would front a highway (Part
1, Class F).
5.2 Minor operations

The erection, construction, maintenance, improvement or alteration of a gate,
fence, wall or other means of enclosure where a gate, fence, wall or other
means of enclosure would front a highway (Part 2, Class A).

The painting previously unpainted stonework, brickwork or render of the
exterior of any building which would be visible from the highway (Part 2,
Class C).
5.3 Heritage and Demolition

Any building operation consisting of the demolition of the whole or part of
any gate, fence, wall or other means of enclosure (Part 11, Class C).
5.4 Renewable Energy

The installation, alteration or replacement of solar photovoltaic or solar
thermal equipment on a dwelling house or block of flats; or a building
situated within the curtilage of a dwelling house or block of flats on either of
the following:
(a) a roof slope forming the principal or side elevation and would be visible
from a highway; or
(b) (b) a roof slope of a building and would be visible from a highway (Part
14, Class A).
6. Planning Fees
There are no fees payable to the Council for any planning application required solely
by an Article 4 Direction.
7. Repairs
You do not need planning permission for repairs, provided these are carried out in a
traditional manner repeating the details of the original elements involved and using
the same materials. You can also replace worn out minor elements without
permission provided these replacements are replicas.
9. Further Advice.
This leaflet is a general guide only. We recommend that you check with Thanet
District Council's Planning Services at: planning.services@thanet.gov.uk who will
advise you on whether planning permission is needed for alterations or other works.
8. This Consultation
You are invited to comment upon the proposed Article 4 Direction to:
planning.services@thanet.gov.uk by Friday 31 July 2015.