Which PD Classes Can Be Removed?

An Article 4 Direction can remove any or all of the permitted development rights granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO 2015). In theory, a direction could remove all Schedule 2 rights in an area — though in practice, A4Ds target specific classes of most concern to the LPA.

The GPDO is divided into Parts covering different types of development. Article 4 Directions most commonly remove rights from Part 1 (works to dwellinghouses) and Part 3 (changes of use).

Commonly Removed Rights by Class

The following table sets out the most commonly removed PD classes and their typical context:

Can You Still Get an LDC?

Where an A4D removes a PD right, you cannot obtain a Lawful Development Certificate (LDC) for proposed works under that removed class — the right no longer exists for your property, so there is nothing to certify.

However, an A4D only removes the specific classes it names. Other PD rights on the same property that are not removed by the direction remain available. You can still apply for an LDC for proposed works that fall under those un-removed classes.

For example: if an A4D removes Class B (roof dormers) only, you can still apply for an LDC for a Class A rear extension (subject to the usual PD limits), because Class A has not been removed by that direction.

The 12-Month Rule for Immediate Directions

An Article 4 Direction can be made as an immediate direction, taking effect on the date it is made — before owners are formally notified. This prevents a rush of PD works before the direction is confirmed.

Crucially, an immediate direction must be confirmed within 6 months of the date it was made. If the LPA fails to confirm it within 6 months:

• The direction lapses automatically.
• PD rights are restored with effect from that date.
• Any works begun in reliance on the PD right after the direction was made (but before it was confirmed) may need a retrospective assessment — though in practice, if the direction lapses, such works are treated as PD.

This 6-month confirmation window is a safeguard for landowners. If you are aware that an immediate direction has been made, note the date and check whether it has been confirmed.

Does an A4D Override the PD Presumption?

Yes. Where an A4D removes a PD right, there is no residual presumption in favour of that type of development. The works require a full planning application and will be assessed against the development plan, national policy, and any material considerations — including the character of the area protected by the A4D.

The fact that the works would have been PD elsewhere carries very limited weight in an A4D application. The planning test is the same as for any discretionary application. However, the LPA cannot refuse an application solely because it preferred the PD right not to have been used — there must be a planning reason grounded in the development plan or national policy.

Practical Steps if an A4D Applies to You

1. Identify which classes are removed — not all A4Ds remove all rights. Read the direction schedule carefully to understand exactly which classes are removed in your area.
2. Check whether your works fall within a removed class — if yes, apply for planning permission; if no, the works may still be PD (subject to the usual limits and conditions).
3. Consider a pre-application enquiry — before applying, a pre-app conversation with the LPA can clarify the policy position and improve the chance of approval.
4. Prepare a good application — include materials that are sympathetic to the area, good design drawings, and where relevant a heritage statement addressing the conservation area character.
5. Appeal if refused — if the LPA refuses and you believe the refusal is unjustified, you have 6 months to appeal to the Planning Inspectorate.