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An Article 4 Direction is a statement made under The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011. The Direction, made by a local authority and approved by Scottish Ministers, removes all or some of the permitted development rights on an area.

The effect of a Direction is that planning permission will be required for specific types of development which would otherwise have been regarded as 'permitted development', and would not have required a planning application.

Directions can cover a variety of minor works and might include:

  • the replacement of doors and windows
  • the erection of gates
  • fences
  • garages
  • sheds
  • porches
  • storage tanks
  • the installation of satellite antennae

Article 4 Directions complement Conservation Areas and may overlap these – in many cases an Article 4 Direction can be applied to a whole Conservation Area in order to protect the historic character and setting of the area from inappropriate building alterations or development.

Conservation Areas in East Ayrshire that have Article 4 Directions

Kilmarnock Conservation Area

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.

Cumnock 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).

Newmilns Conservation Area

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

Mauchline Conservation Area

The Mauchline Conservation Area Management and Maintenance Plan was adopted on 27 March 2023.

The Council have progressed a proposal to cover the following permitted development classes with an Article 4 for the Conservation Area:

  • construction or alteration of boundary walls or fences
  • laying out of driveways or any means of access to a road
  • works within a road by the Roads Authority
  • building of houses by the Local Authority
  • removal of Deemed Advertisement Consent

Any of the above items within the Conservation Area will require planning applications to be submitted upon approval.

More information

Copies of the Article 4 notices for each of the above Conservation Areas are available upon request, and maps indicating the boundary of the Conservation Areas can be found on our Conservation Areas page.

Contact Information


Planning & Economic Development
Telephone: 01563 576790