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....
