The Executive Director of Economic Growth and Neighbourhood Services submitted a report seeking approval for a non-immediate Article 4 direction to remove certain permitted development rights that would result in new residential dwellings across the town centre, district and local centres, core employment areas and a number of other commercial areas.  The following documents were attached to the report:

·      Appendix 1: Equality Impact Assessment

·      Appendix 2: Draft Article 4 direction

·      Appendix 3: Evidence document

The report set out the background to permitted development rights (PDR) and Article 4 directions and explained that it was proposed to make a non-immediate Article 4 direction to withdraw the following PDR:

·       Change of use of commercial, business and service use (use class E) to residential (Part 3, class MA);

·       Change of use of hot food takeaway, betting office, payday loan shop or launderette to residential (Part 3, class M);

·       Change of use of casino or amusement arcade to residential (Part 3, class N);

·       Demolition of single, purpose built, detached block of flats or a single, detached office, light industrial or research and development building and its replacement with a detached block of flats or detached house (Part 20, class ZA);

·       Up to two additional residential storeys on a detached commercial or mixed-use building (in use for retail, financial and professional, restaurant and café, office, research and development, light industrial, betting shop, payday loan shop, launderette) (Part 20, class AA); and

·       Up to two additional residential storeys on a two or more-storey terraced commercial or mixed use building (see class AA for uses) or one additional storey on a one storey building (Part 20, class AB).

The proposed Article 4 Direction was attached to the report at Appendix 2 and would be applied to the entire town centre, district and local centres and core employment areas as defined in the Local Plan, as well as other primarily commercial or retail locations and areas with the poorest levels of air quality.  The intention was not to halt all changes of use or development on commercial sites to residential use, but to give the Council more control over relevant applications through the planning process.  This would help protect the existing office and industrial supply and guard against the potential harm set out in this report. The Direction would allow the consideration of other planning matters such as affordable housing or amenity space provision to be considered with change of use applications, which would not otherwise be possible with the PDR in force.  The justification for this approach is set out in full in the evidence document attached to the report at Appendix 3.

The report stated that notice of the direction would be served on relevant parties and by local advertisement and site notices.  The relevant parties on whom to serve notice included every owner and occupier in the area, but it was considered that, with around 4,000 addresses within the area this was impracticable.  The Council would therefore use other means to notify as many owners as possible, including through organisations representing businesses such as the Business Improvement District, Chamber of Commerce and Federation of Small Businesses.  There would be an opportunity for parties to make representations on the direction within a 21-day period following serving the last notice.  Representations would be reported back to the Committee which would then consider whether to confirm the direction.  Subject to confirmation the direction would come into force on 31 October 2022, unless modified or cancelled by the Secretary of State.

Resolved –

(1)      That a non-immediate Article 4 Direction be made covering the area shown in Appendix 2 to remove the following permitted development rights within Schedule 2 of the General Permitted Development Order 2015 (as amended):

- Part 3 class MA;

- Part 3 class M;

- Part 3 class N;

- Part 20 class ZA;

- Part 20 class AA;

- Part 20 class AB;

(2)      That the Assistant Director of Planning, Transport and Regulatory Services be authorised to make any minor amendments necessary to the direction that did not alter its main purpose, in consultation with the Lead Councillor for Strategic Environment, Planning and Transport, prior to serving notice of the direction;

(3)      That Committee agree that relevant groups and individuals be notified of the making of the Article 4 direction, including use of representative bodies of businesses rather than individual service on all landowners.