Article 4 Directions in Conservation Areas

In Kilmarnock Conservation Area, there is an Article 4 Direction in place, which came into effect on Friday 25 April 2008 and removes permitted development within the following use classes:

Class 7

The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.

Class 8 

The formation, laying out and construction of a means of access to a road which is not a trunk road or a classified road, where that access is required in connection with a development permitted by any class in this Schedule other than Class 7.

Class 31

The carrying out by a roads authority:

• on land within the boundaries of a road, of any works required for the maintenance or improvement of the road where said works involve development by virtue of Section 26(2)(b) of the Town and Country Planning (Scotland) Act 1997
• or on land outside but adjoining the boundary of an existing road of works required for, or incidental to the maintenance or improvement of the road

Class 33 

The carrying out, within their own district by a planning authority of:

• works for the erection of dwelling houses so long as those works conform to a local plan adopted under Section 17 of the 1997 Act
• any development under the Housing (Scotland) Act 1987 not being development to which the last foregoing sub paragraph applies so long as the development conforms to a local plan adopted as aforesaid
• any development under any enactment the estimated cost of which does not exceed £100,000

This Direction relates to the existing John Finnie Street and Bank Street Outstanding Conservation Area.

In Cumnock Conservation Area, there are two Article 4 Direction in place, the first of which came into effect on Friday 14th June 2013 and removes permitted development within the following use classes:

Class 3A 

The provision within the curtilage of a dwellinghouse of a building for any purpose incidental to the enjoyment of that dwellinghouse or the alteration, maintenance or improvement of such a building.

Classes 6C-6F 

Installation, alteration or replacement of a:

• a flue, forming part of a biomass heating system, on a dwellinghouse or building containing a flat (6C)
• ground source heat pump within the curtilage of a dwellinghouse or building containing a flat (6D)
• water source heat pump within the curtilage of a dwellinghouse or building containing a flat (6E)
• flue forming part of a combined heat and power system on a dwellinghouse or building containing a flat (6F)

Class 7 

The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.

Class 8 

The formation, laying out and construction of a means of access to a road which is not a trunk road or a classified road, where that access is required in connection with development permitted by any class in this Schedule other than Class 7.

Class 31 

The carrying out by a roads authority:

• on land within the boundaries of a road, of any works required for the maintenance or improvement of the road where said works involve development by virtue of Section 26(2)(b) of the Town and Country Planning (Scotland) Act 1997; or
• on land outside but adjoining the boundary of an existing road of works required for, or incidental to the maintenance or improvement of the road

Class 33 

The carrying out, within their own district by a Planning Authority of:

• works for the erection of dwellinghouses so long as those works conform to a local plan adopted under Section 17 of the 1997 Act
• any development under the Housing (Scotland) Act 1987 not being development to which the last foregoing sub paragraph applies so long as the development conforms to a local plan adopted as aforesaid
• any development under any enactment the estimated cost of which does not exceed £100,000

The second Article 4 Direction for Cumnock Conservation Area came into effect on Friday 28 June 2013 and removes permitted development within the following use classes:

Class 1 

Functional advertisements of local authorities, community councils, statutory undertakers and public transport undertakers.

• advertisements relating to any function or operation of a local authority, community council, statutory undertaker or public transport undertaker, which are reasonably required in order to secure the safe or efficient performance of those function or operations and which cannot be displayed in such a manner under the provisions of these regulations relating to advertisements of any other specified class.

Class 2 

Miscellaneous advertisements relating to land on which they are displayed:

• advertisements for the purpose of identification, direction or warning with respect to the land or building on which they are displayed
• advertisements relating to any person, partnership or company separately carrying on a profession, business, or trade at the premises where any such advertisement is displayed
•  advertisements relating to any institution of a religious, educational, cultural, recreational or medical or similar character to any hotel, inn or public house, block of flats, club, boarding-house or hostel, situated on the land on which any such advertisement is displayed

Class 3 

Certain advertisements of a temporary nature:

• advertisements on hoardings enclosing, either wholly or in part, land on which building operations are taking or about to take place and which is designated in any development plan for the time being in force primarily for commercial, industrial or business purposes

Class 4 

Advertisements on business premises:

• advertisements displayed on business premises wholly with reference to all or any of the following matters:  the business or other activity carried on, the goods sold or services provided, and the name and qualification of the person carrying on such business or activity or manufacturing or supplying such goods or services on those premises
• advertisements displayed on any forecourt of business premises wholly with reference to all or any of the matters specified in paragraph (1) above

Class 5

Advertisements displayed within any building and not exempted from these regulations by virtue of regulation 3(2).

In Newmilns Conservation Area, there are two Article 4 Directions in place which remove permitted development within the following use classes:

Class 1

the enlargement, improvement or other alteration of a dwellinghouse

Class 3 

the provision, within the curtilage of a dwellinghouse, of any building or enclosure, swimming pool, or other pool required for a purpose incidental to the enjoyment of the dwellinghouse, or the maintenance improvement or alteration of any such building or enclosure

Class 6 

The installation, alteration or replacement of a satellite antenna on a dwellinghouse or within the curtilage of a dwellinghouse

Class 7 

The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.

Class 31 

The carrying out by a roads authority:

• on land within the boundaries of a road, of any works required for the maintenance or improvement of the road where said works involve development by virtue of section 26(2)b of the Town and Country Planning (Scotland) Act 1997 or
• on land outside but adjoining the boundary of an existing road of works required for, or incidental to, the maintenance or improvement of the road

Class 33 

The carrying out, within their own district, by a Planning Authority:

• works for the erection of dwellinghouses so long as those works conform to a local plan adopted under Section 17 of the 1997 Act
• any development under the Housing (Scotland) Act 1987 not being development to which the last foregoing sub paragraph applies so long as the development conforms to a local plan adopted as aforesaid
• any development under any enactment the estimated cost of which does not exceed £100,000

An Article 4 Direction for Mauchline Conservation Area came into effect on Friday 7th April 2023, removing permitted development rights for the following use classes:

Class 7 

The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure (when it does not fall under development described in class 3E(1) a means of enclosure, any part of which would be within or which would bound the curtilage of a dwelling house).

Class 8 

The formation, laying out and construction of a means of access to a road which is not a trunk road or a classified road, where that access is required in connection with development permitted by any class in this Schedule other than classes 3E or 7.

Class 31 

The carrying out by a Roads Authority:

• on land within the boundaries of a road, of any works required for the maintenance or improvement of the road, where said works involve development by virtue of section 26(2)(b) of the Town and Country Planning (Scotland) Act 1997; or
• on land outside but adjoining the boundary of an existing road of works required for or incidental to the maintenance or improvement of the road.

Class 33

The carrying out, within their own district by a local authority of:

works for the erection of dwellings, so long as those works conform to a local plan adopted under section 12 of the Town and Country Planning (Scotland) Act 1997 (as in force immediately before the commencement for all purposes of section 2 of the Planning etc. (Scotland) Act 2006) or a local development plan constituted under section 20 of the Town and Country Planning (Scotland) Act 1997;

• any development under the Housing (Scotland) Act 1987 not being development to which the last foregoing sub-paragraph applies so long as the development conforms to a local plan adopted under section 12 of the Planning etc. (Scotland) Act (as in force immediately before the commencement for all purposes of section 2 of the Planning etc. (Scotland) Act 2006);
• any development under any enactment the estimated cost of which does not exceed £250,000 other than development of any of the classes specified in Schedule 2 (bad neighbour development); or
• development which constitutes a material change in the use of any buildings or other land.

The following classes of deemed advertisement consent have also been removed in a direction which came into effect on Monday 1st May 2023:

Class 1 

Functional advertisements of local authorities, community councils, statutory undertakers and public transport undertakers.

• Advertisements relating to any function or operation of a local authority, community council, statutory undertaker or public transport undertaker, which are reasonably required in order to secure the safe or efficient performance of those function or operations and which cannot be displayed in such a manner under the provisions of these regulations relating to advertisements of any other specified class.

Class 2 

Miscellaneous advertisements relating to land on which they are displayed:

• advertisements for the purpose of identification, direction or warning with respect to the land or building on which they are displayed
• advertisements relating to any person, partnership or company separately carrying on a profession, business, or trade at the premises where any such advertisement is displayed
• advertisements relating to any institution of a religious, educational, cultural, recreational or medical or similar character to any hotel, inn or public house, block of flats, club, boarding-house or hostel, situated on the land on which any such advertisement is displayed

Class 3 

Certain advertisements of a temporary nature

• advertisements on hoardings enclosing, either wholly or in part, land on which building operations are taking or about to take place and which is designated in any development plan for the time being in force primarily for commercial, industrial or business purposes.

Class 4 

Advertisements on business premises

• advertisements displayed on business premises wholly with reference to all or any of the following matters:  the business or other activity carried on, the goods sold or services provided, and the name and qualification of the person carrying on such business or activity or manufacturing or supplying such goods or services on those premises
• advertisements displayed on any forecourt of business premises wholly with reference to all or any of the matters specified in paragraph (i) above

Class 5 

Advertisements displayed within any building and not exempted from these regulations by virtue of regulation 3(2).