Article 4 Direction
Article 4 Directions remove the right to carry out certain types of 'permitted development' (development which does not require planning permission to go ahead). Work that is covered by an Article 4 Direction requires planning permission before it can proceed.
Current Article 4 directions
Article 4 Directions are in force in Wakefield relating to the following conservation areas:
- Heath, Wakefield
- St Johns, Wakefield
- Whitwood Terrace, Castleford
This document contains more details including the Directions and maps showing their extent.
A list of individual properties covered by the Heath, St Johns and Whitwood Terrace Article 4 Directions are set out in this document.
There is also an Article 4 Direction in force for 28 Blenheim Road, Wakefield, WF1 3JZ.
Confirmed Article 4 Direction – Smaller Houses in Multiple Occupation
On 23 October 2024 Wakefield Council made a non-immediate Article 4 Direction for specific areas of the district. Following consultation in November and December 2024 Cabinet made the decision the Direction should be confirmed at its meeting on 15 April 2025. The Direction was confirmed and sealed on 9 May 2025.
The Direction will, when it comes into force on 24 October 2025, remove permitted development rights from proposals to create houses in multiple occupation (HMO’s) for between 3 and 6 occupants. This means such development would need to apply for and receive planning permission to go ahead. Currently such proposals do not require planning permission. Larger HMO’s already require planning permission.
The Article 4 Direction areas relate to:
- Castleford Centre North
- Castleford Smawthorne
- Wakefield Agbrigg
- Wakefield College Grove
- Wakefield Lincoln Street
- Wakefield Peterson Road
The specific boundaries can be viewed within the Direction.
A legal notice has been produced which was published in the local press and displayed in affected areas.
Links are also provided to:
- the Cabinet report recommending confirmation of the Article 4 Direction
- the Cabinet report appendix setting out responses to the consultation on the made Direction
- the report setting out the evidence justifying the introduction of the Article 4 Direction
View the Confirmation Cabinet Report.
View the Confirmation Cabinet report Appendix - consultation responses summary.
View the Article 4 Direction Evidence Report.
Proposals for future HMOs up to 23 October 2025
An Article 4 Direction does not apply retrospectively. Where permitted development rights exist to use a property as a small HMO (Use Class C4), the property must be in use as an HMO before the Article 4 Direction comes into effect on 24th October 2025. This means:
- all of the work needed to carry out the change of use must have been completed, and
- the property must be used as an HMO and be occupied by between 3 and 6 people.
If the works are not completed, or the HMO is not occupied as an HMO before the Direction comes into effect on 24 October 2025, the owner/developer will need to make a planning application.
As the Article 4 Direction does not affect HMOs occupied by 7 or more people a planning application will be required, as is currently the case.
Existing HMOs created under permitted development rights up to 23 October 2025
For existing HMO’s for between 3 and 6 occupants which benefit from permitted development rights and don’t have planning permission, an application for a ‘certificate of lawful use’ can be made. If it can be proved the property is operating as a small HMO (Use Class C4), then the Council can issue a formal confirmation of the lawful use. This can help property owners, for example if they sell a property in the future or if the Council considers taking enforcement action against a property.
A certificate of existing lawful use can be applied for on the Planning Portal website. Application forms can also be requested from the Council by email - devcontrol@wakefield.gov.uk. Any application must include evidence to support the claim a property is in existing use as a small HMO, for example Council Tax records, tenancy agreements etc.