As the Local Planning Authority for Rother District, the Council has made two new Article 4 Directions which cover land and residential properties adjacent to the coast at Fairlight Cove.

The effect of the Article 4 Directions at Fairlight Cove is to remove “permitted development rights” for certain householder developments. This means that planning permission will be required to carry out those developments. The Article 4 Directions are necessary so that any development near the cliff edge which has the potential to impact on land stability is subject to a planning application so that the risks can be properly assessed.

Further information about Article 4 Directions in Rother can be found on our Article 4 Directions page. Further information about “permitted development rights” and Article 4 Directions is available on the Planning Portal website.

How to view the Article 4 Directions

The Directions, as well as the maps defining the areas of land to which they relate, are available below.

• Rother District Council (Land at Fairlight Cove, Fairlight) Direction No. 1, 2022
• Rother District Council (Land at Fairlight Cove, Fairlight) Direction No. 1, 2022 – Map
• Rother District Council (Land at Fairlight Cove, Fairlight) Direction No. 1, 2022 – List of Properties
• Rother District Council (Land at Fairlight Cove, Fairlight) Direction No. 2, 2022
• Rother District Council (Land at Fairlight Cove, Fairlight) Direction No. 2, 2022 – Map
• Rother District Council (Land at Fairlight Cove, Fairlight) Direction No. 2, 2022 – List of Properties

As required by legislation, a consultation on the Article 4 Directions took place in Summer 2022 and no representations were received. Now that the consultation has concluded and the Government has confirmed it does not wish to intervene, the Article 4 Directions have been confirmed and will come into force on 30 September 2023.

The decision to make the Article 4 Directions was made by the Council’s Cabinet at their meeting on 25 July 2022. The Cabinet report and supporting information can be viewed on the following page. A report explaining that the Article 4 Directions can be confirmed is available here.

A webpage for householders within the vicinity of the Article 4 area has been produced, which includes advice on how to minimise the likelihood and impact of problems caused by unstable land.

Advice to Homeowners: Managing ground instability at Fairlight Cove

Further Detail of the Article 4 Directions

At Fairlight Cove there are 2 new Article 4 Directions:

Direction number 1, 2022

This applies to 24 dwellings, as shown on Map No. 1. The full details of the Direction can be viewed using the link above. In summary, the “permitted development rights” to be removed are:

Development within the curtilage of a Dwellinghouse:

• The enlargement, improvement or other alteration of a dwellinghouse (Class A of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended));
• The enlargement of a dwellinghouse by construction of additional storeys (Class AA);
• The enlargement of a dwellinghouse consisting of an addition or alteration to its roof, (Class B);
• The erection or construction of a porch outside any external door of a dwellinghouse (Class D);
• The provision of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse, or the maintenance, improvement or other alteration to such building or enclosure, or the provision of a container used for domestic heating purposes for the storage of oil or liquid petroleum gas (Class E);
• The provision of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such; or the replacement in whole or in part of such a surface (Class F); and
• Construction of new dwellinghouses immediately above the topmost storey on a terrace or detached dwellinghouse (Classes AC and AD of Part 20 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended)).

Direction number 2, 2022

This applies to 4 dwellings, as shown on Map No. 2. The full details of the Direction can be viewed using the link above. In summary, the “permitted development rights” to be removed are:

• The provision of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse, or the maintenance, improvement or other alteration to such building or enclosure, or the provision of a container used for domestic heating purposes for the storage of oil or liquid petroleum gas (Class E of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended)).