Agenda item

Confirmation of the Non-Immediate Article 4 Direction to remove permitted development rights for the change of use of offices (Class E(g)(i)) to residential (Class C3)

Report of the Director of the Built Environment.


The Committee considered a report of the Director of the Built Environment regarding confirmation of the Non-Immediate Article 4 Direction to remove permitted development rights for the change of use of offices (Class E(g)(i)) to residential (Class C3).


Officers spoke to briefly summarise the context to this, stating that there was an existing Article 4 direction which had been in place for a number of years and enabled the City Corporation to retain local planning control over change of use from offices to housing in the City. The Government had now changed the wider context of this as part of their deregulation agenda. Members were reminded that this Committee had considered a report in May 2021 to replace the City’s existing Article 4 direction with a new one which would take effect as of next year. The City Corporation were bound to give a year’s notice on this to avoid any compensation liabilities and so it was therefore proposed that these steps be taken now ahead of the new direction taking effect next summer.


Officers went on to report that just ten responses had been received to the consultation on the draft direction which launched in May and that seven of these were supportive and from a wide range of significant bodies. The decision sought today was therefore about confirming the wish to take the draft direction which had been consulted on forward and providing a year’s notice of this intention so that it could take effect from 1 August 2022. Officers concluded by cautioning that the Secretary of State did have the right to intervene and amend or refine the direction, however, it was reported that his office had been consulted on the draft direction and had provided no response on this to date. Officers underlined that they would maintain communication channels with MHCLG on this between now and August 2022 and report back on any issues to this Committee if necessary.


Members spoke to underline the importance of this measure for the City and express their firm support for this.


RESOLVED – That Members:


       Agree that it is expedient that some of the new permitted development

described in class MA should not be carried out unless permission is granted by the City Corporation.


       Approve the confirmation of the non-immediate Article 4 Direction made on 13 May 2021 and coming into force on 1 August 2022 for the whole of the City of London, removing permitted development rights granted by Class MA, Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 for the change of use of a building or any land within its curtilage from offices (Use Class E(g)(i)) to residential (Use Class C3).


       Authorise officers to take all necessary steps to give effect to the decision

including publicising confirmation of the Article 4 Direction in accordance with statutory requirements.

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