Article 4 Directions and Local Development Orders
The council has established Article 4 Directions to control specific development.
Article 4 Directions
An Article 4 Direction is a special planning regulation which provides a local planning authority with additional powers to control development.
It operates by removing permitted development rights over specified types of development, in specific locations.
The council currently has two adopted Article 4 Directions, which remove permitted development rights for the change of use of dwelling houses to houses in multiple occupation throughout the borough and the construction of additional storeys above existing residential and commercial properties throughout the borough except designated industrial land.
It means applicants in these areas will have to use the standard planning application route, allowing planning staff and other stakeholders, including local residents, to consider the quality of any proposal in terms of design, infrastructure provision and affordable housing contributions.
Local Development Orders
Local Development Orders (LDO) grant blanket planning permission for specific types of development within a defined area.
This means that certain types of development can take place without businesses having to apply for planning permission.
Instead they will just be required to notify the council.
Houses in multiple occupation Toggle accordion
The council wishes to tackle the problem of homes being turned into houses in multiple occupation (HMOs). It has established an Article 4 Direction which withdraws permitted development rights for small HMOs across the borough. The Direction came into force on 14 May 2012. Since this date, planning permission has been required to develop a property as an HMO.
Any proposals for small HMOs will be assessed against the Local Plan, which resists the loss of housing of three bedrooms or more. It only allows other proposals for HMOs if several criteria are met, including:
- The number of houses that have been converted to flats and/or HMOs in any road (including unimplemented but still valid planning permissions) does not exceed 10% of the total number of houses in the road
- No two adjacent properties, apart from dwellings that are separated by a road, should be converted
Article4 Direction HMO (PDF, 242.02 KB)
Cabinet Confirmation Report (PDF, 56.51 KB)
Assembly Confirmation Report (PDF, 56.02 KB)
Cabinet Making Report (PDF, 57.25 KB)
Assembly Making Report (PDF, 21.51 KB)
Map of Article 4 Notices April 2012 (PDF, 907.03 KB)
HMOs, along with all private rented properties in the London Borough of Barking and Dagenham, require licensing from 1 September 2014.
The failure to license an HMO can result in fines and additional penalties.
Additional storeys above existing residential and commercial properties Toggle accordion
On 18 January 2022 the Council confirmed a direction covering the whole of the borough of Barking and Dagenham except designated industrial land to remove the permitted development right which enables additional storeys to be built onto existing residential and commercial properties.
The Direction removes these permitted development rights and requires landowners to seek planning permission for any such developments. This will come into force from 22 February 2022.
Cabinet Confirmation Report (PDF, 95KB)
Cabinet Making Report (PDF, 389KB)
Justification Report (PDF, 389KB)
Map of Article 4 Direction (PDF, 8MB)