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Agenda item

ARTICLE 4 DIRECTIONS

REPORT OF THE SERVICE DIRECTOR – REGULATORY

 

A report seeking Cabinet’s approval to make immediate Article 4 Directions for the District's primary and secondary shopping frontages.

Decision:

RESOLVED:

 

(1)  That Cabinet endorsed the overall approach to Article 4 Directions set out in the report.

 

(2)  That Cabinet approved the making of immediate Article 4 Directions for non-listed buildings located within each of the District’s town centre’s defined primary and secondary shopping frontages (as detailed in Appendix A).

 

(3)  That each of the immediate Article 4 Directions shall come into force immediately on the day they are served (October 3 2022) and consultation shall take place for a period of 6 weeks beginning on October 10 2022.

 

(4)  That delegated powers should be granted to the Service Director – Regulatory in consultation with the Portfolio Holder for Planning, Enterprise and Transport to confirm the immediate Article 4 Directions following consultation subject to no, or only minor, amendments being necessary.

 

REASONS FOR DECISIONS:

 

(1)  The new Article 4 Directions relate to change of use from Use Class E (commercial, business and services) to Use Class C3 (dwellinghouses).

 

(2)  Commercial, business and services in town centres are important as they provide residents with access to important goods and services whilst minimising the need to travel. To safeguard main town centre use2 floorspace, the Council has designated primary and secondary shopping frontages within the District’s four town centres and established policies to encourage growth and prevent loss of these uses.

 

(3)  The making of the Article 4 Directions will support an overarching principle of the emerging Local Plan which seeks to ensure that there is a suitable balance between increased housing development and economic facilities to ensure sustainable development is achieved. The Article 4 Directions will prevent small-scale losses of main town centre use floorspace through change of use schemes to residential under permitted development.

 

(4)  The Council would apply the Directions to the non-listed buildings located within the primary and secondary shopping frontages as defined by Policy ETC4 and ETC5 in the new Local Plan (as proposed to be modified). By withdrawing this permitted development right (PDR) it means any Use Class E to residential conversions in areas where the Directions are made will require planning permission. This will allow Planning Officers to assess applications against national policy (NPPF) and our emerging Local Plan policies to ensure there is a suitable provision of shops, services and facilities within the town centres.

Minutes:

Audio recording – 97 minutes 50 seconds

 

The Executive Member for Planning and Transport presented the report entitled ‘Making of an Article 4 Direction for the District’s Primary and Secondary Shopping Frontages’ and advised Members of the following:

 

·         Government rules around change of use from Class E to Class C3, from commercial to residential, would make it easier for this to happen to non-listed buildings.

·         These proposals are to protect the businesses and retail in the town centres.

·         The current Article 4 requirements expired in July 2022. There was no intention to extend this, but rather to make an Article 4 Direction for each of the town centres to ensure that any move from commercial to residential would have to come through Planning.

·         The proposals were for an immediate Article 4 Direction, which would remove the Permitted Development Rights and the consultation would follow.

·         This proposal was supported by the relevant BIDs and the Letchworth Garden City Heritage Foundation.

 

Councillor Tom Plater noted that he was in favour of these proposals and it was good to see this applied immediately to protect the town centres and aid their recovery from the impacts of Covid 19.

 

Councillor Ruth Brown proposed and Councillor Keith Hoskins seconded and, following a vote, it was:

 

RESOLVED:

 

(1)  That Cabinet endorsed the overall approach to Article 4 Directions set out in the report.

 

(2)  That Cabinet approved the making of immediate Article 4 Directions for non-listed buildings located within each of the District’s town centre’s defined primary and secondary shopping frontages (as detailed in Appendix A).

 

(3)  That each of the immediate Article 4 Directions shall come into force immediately on the day they are served (October 3 2022) and consultation shall take place for a period of 6 weeks beginning on October 10 2022.

 

(4)  That delegated powers should be granted to the Service Director – Regulatory in consultation with the Portfolio Holder for Planning, Enterprise and Transport to confirm the immediate Article 4 Directions following consultation subject to no, or only minor, amendments being necessary.

 

REASONS FOR DECISIONS:

 

(1)  The new Article 4 Directions relate to change of use from Use Class E (commercial, business and services) to Use Class C3 (dwellinghouses).

 

(2)  Commercial, business and services in town centres are important as they provide residents with access to important goods and services whilst minimising the need to travel. To safeguard main town centre use2 floorspace, the Council has designated primary and secondary shopping frontages within the District’s four town centres and established policies to encourage growth and prevent loss of these uses.

 

(3)  The making of the Article 4 Directions will support an overarching principle of the emerging Local Plan which seeks to ensure that there is a suitable balance between increased housing development and economic facilities to ensure sustainable development is achieved. The Article 4 Directions will prevent small-scale losses of main town centre use floorspace through change of use schemes to residential under permitted development.

 

(4)  The Council would apply the Directions to the non-listed buildings located within the primary and secondary shopping frontages as defined by Policy ETC4 and ETC5 in the new Local Plan (as proposed to be modified). By withdrawing this permitted development right (PDR) it means any Use Class E to residential conversions in areas where the Directions are made will require planning permission. This will allow Planning Officers to assess applications against national policy (NPPF) and our emerging Local Plan policies to ensure there is a suitable provision of shops, services and facilities within the town centres.

Supporting documents: