Class E to C3 and Article 4s - What are people considering?

2021-05-05T08:15:10Z

Like many LPAs we'll need to consider whether to introduce Article 4s for E to C3. We have two Article 4s currently that remove PD for change of use of office to residential. These will benefit from the extension in the regulations to end of July 2022 which gives the potential to do a non-immediate to cover some or possibly all of their existing scope. Existing Article 4s were done initially for all our designated industrial areas and Wembley growth area (covers town centres), we added a later one for the remainder of the borough. We also did one for B8 and B1c to C3 in designated industrial areas whilst those temporary rights were in place. We have a need to provide additional industrial space to meet needs, but no additional land on which to provide it, so have to intensify its existing use. In light of the draft NPPF consultation text on Article 4s (national importance/ keeping to minimum geographical area, etc) and the SoS's words when introduced the permitted development rights are there any thoughts on the prospect of likely success of introducing Article 4s for E to C3? Clearly the range of uses within E is wide with implications for the ability to positively plan for town centres, meeting industrial and employment needs and residents' access to local facilities. To replace our existing Article 4 we have a choice of whether to focus on office only, some additional parts, e.g. light industrial and research and development or all class E. Limiting the scope to parts of E and area to designated industrial areas reduces risk of SoS direction, but can be got around by moving to another use in E to allow the permitted development right. There is also the issue of other existing E class uses currently in industrial areas. It would also leave significant amounts of stock elsewhere potentially vulnerable.

Also in terms of protecting town centres through to possibly local retail parades, given that the SoS should have taken account of responses from such agencies as the BPF who had concerns about ground floor residential impacting town centres how realistic is it to expect the SoS to not intervene in Article 4s being made for these locations which clearly in most cases are unlikely to be of national importance? We have positive policies to allow residential in secondary frontage and peripheral locations in town centre frontages and local parades where it meets a number of tests, e.g. unviable, reasonable alternatives close by, etc. so are not against units becoming residential, but just want it to be done in a planned manner....

There are mixed messages from Government on Article 4s - draft NPPF Vs opportunity for LPAs to revisit the existing B1a to C3 prior to August 2022. Although different areas will want different solutions it would just be interesting to get thoughts on the scope of what others are thinking of doing....