Issue - meetings

In June 2015 the Licencing and Planning Policy Committee agreed to the introduction of an Article 4 Direction to three retail areas in the borough to prevent shops changing use to financial and professional services without the need for planning permission. The Article 4 directions were made (came into effect) in July 2015 and confirmed (made permanent) in October 2015. 

In December 2015 the Licencing and Planning Policy Committee agreed to the introduction of an Article 4 Direction to withdraw permitted development rights that enable the conversation of office floorspace to residential (C3) use from 16 office buildings in the borough.

Since the Article 4 directions were confirmed (made permanent) there have been changes to the Town and County Planning (Use Classes Order) and subsequently the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (known as the GPDO). The result of these changes is that the Article 4 directions no longer serve their intended purpose. 

National planning policy advises that Article 4 Directions should be cancelled in such circumstances. It is recommended that the Committee approves cancelling of the Article 4 directions relating to employment office buildings and primary retail frontages under the GDPO.

Following consideration, the Committee unanimously resolved to:

(1)      Approve the cancellation of the Article 4 directions confirmed in December 2015 relating to changes of use from employment office buildings to residential use (C3) contained in Appendix 1.

(2)      Approve the cancellation of the Article 4 directions confirmed in October 2015 relating to changes of use in retail frontages contained in Appendix 2.

The Committee received a report recommending that the Committee approves cancelling of the Article 4 directions relating to employment office buildings and primary retail frontages under the GDPO.

The following matters were considered:

a)            Clarification. A Member of the Committee asked if taking away the Article 4 directions would encourage development and queried what taking them away means. The Planning Policy Manager explained to the Committee that nationally there are permitted development rights that cover a range of things, one introduced by the Government years ago, was regarding enabling the conversion of offices to residential use, subject to certain criteria. The Planning Policy Manager informed the Committee that an Article 4 direction can take away a permitted development right, which would mean planning permission is required, however in the case of the examples in the report, the permitted development right that was taken away no longer exists.

b)            Conversion. A Member of the Committee asked if the cancellation of the Article 4 directions would make it easier for someone to convert retail units into dwellings. The Planning Policy Manager informed the Committee that it would make no difference because there is a permitted development right in force at present, that enables to conversion of Class E Floor Space, which is set out in the report at paragraph 2.1, to residential floor space, subject to certain criteria being met. The Member asked if the Council wanted to restrict the ability of owners of retail units to convert them to residential, is there anything we can do. The Head of Place Development informed the Committee that they would need prior approval application. The Head of Place Development explained that the purpose the Article 4 directions was to protect the office space, but now the use class involves offices and also light industrial shops, financial services, cafes, creches, indoor sport, and medical health services, meaning the variety of uses that could have gone into the original unit has significantly changed since the Article 4 directions were put in place.

Following consideration, the Committee unanimously resolved to:

(1)      Approve the cancellation of the Article 4 directions confirmed in December 2015 relating to changes of use from employment office buildings to residential use (C3) contained in Appendix 1.

(2)      Approve the cancellation of the Article 4 directions confirmed in October 2015 relating to changes of use in retail frontages contained in Appendix 2.