For a report on this issue and a discussion of the legislation: see HERE
Non-immediate Article 4 Direction to remove permitted development rights for change of use from office to residential in the current Exemption Area – Key Decision No. NH O66
Decision Maker: Cabinet
Decision status: For Determination
Is Key decision?: Yes
Is subject to call in?: Yes
Non-immediate Article 4 Direction to remove permitted development rights for change of use from office to residential in the current Exemption Area which expires in May 2019.
- Approve the making of a non-immediate Article 4 Direction (Appendix 1) to withdraw the permitted development rights granted by Schedule 2, Part 3, Class O of the GPDO for the change of use from use classes B1(a) (offices) to a use falling within C3 (dwellinghouses) use in the current Exemption Area (as shown in Appendix 1).
REASONS FOR DECISION
- In order to facilitate sustainable development across the borough by ensuring that sufficient land and floorspace is available for a balance of land uses, including B1(a) office.
DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED
- An Article 4 Direction is not issued. If the Article 4 Direction is not made then after May 2019 when the Exemption ceases, the Council would not be able to protect viable employment floorspace, as part of mixed use development or otherwise through the planning process, and could subsequently see a dramatic decline in employment floorspace and local jobs in the borough’s key employment areas that are currently exempt from the permitted development right. The Council would also not be able to manage the location, size, tenure mix or quality of new housing being developed through permitted development. As such this option was rejected.
- An immediate Article 4 Direction is issued. It is not necessary to issue an immediate Article 4 Direction as the current Exemption Area is in place until May 2019 so there is sufficient time for a non-immediate Article 4 Direction, including the required 12-month notice period, to be made before the exemption expires. As such this option was rejected in favour of the non-immediate Article 4 Direction.
Reason Key: ii) Two or more Wards;
Wards Affected: Dalston; De Beauvoir; Hackney Central; Haggerston; Homerton; Hoxton East & Shoreditch; Hoxton West; London Fields; Victoria;
Why is the decision being taken?: To ensure that the areas of the borough which are currently exempt from permitted development rights allowing change of use from office to residential (until May 2019) remain protected by introducing Article 4 Directions to remove these permitted development rights.
Report author: Yvette Ralston
Publication date: 20/02/2018
Date of decision: 19/02/2018
Decided at meeting: 19/02/2018 – Cabinet
Effective from: 28/02/2018
Current call-in Count: 0