CHE S228 Confirmation of Article 4 Direction to remove permitted development rights for change of use from Use Class E to residential in Hackney’s Designated Industrial Areas

September 25, 2023 Cabinet (Cabinet collective) Approved View on council website

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Summary

...to confirm an Article 4 Direction, removing permitted development rights for changes of use from commercial, business and service (Class E) to residential (Class C3) within Hackney's Designated Industrial Areas.

Full council record
Content

RESOLVED:
 
Cabinet is recommended to:
 
Approve the confirmation of an Article 4
Direction (A4D) (Appendix 1) to withdraw the permitted development
(“PD”) rights granted by Schedule 2, Part 3, Class MA
of the Town and Country Planning (General Permitted Development)
(England) Order 2015 (as amended) (“the GDPO”) for
changes of use from Class E to a dwellinghouse (Class C3) in Hackney’s
Designated Industrial Areas (as shown in Appendix 2).
 
REASONS FOR DECISION
 
The Council considers that the permitted development right
allowing change of use from Use Class E (commercial, business and
services) to C3 (dwellinghouse)  may
constitute a threat to the amenities, economy and jobs of the
Borough and would be prejudicial to the proper planning of the
Borough, in particular the Council’s ability to prevent the
loss of uses which contribute to the wider strategic aims for the
area.
 
The Article 4 Direction is considered necessary because the
Council’s designated industrial areas planning policies are
based on robust evidence which establish a need to protect
industrial and employment uses in the Priority Industrial Areas and
Locally Significant Industrial Sites. The Article 4 Direction
enables full consideration of proposals at the planning application
stage. The permitted development rights would undermine the
operation of these policies and may impact negatively on the
provision of industrial spaces, employment spaces and jobs in the
Borough.
 
DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND
REJECTED
 
Details of Alternative Options Considered and
Rejected
 
The alternative option is not to confirm the Article 4
Direction. This has been rejected because the Council would be
unable to protect commercial, business and service floorspace in accordance with adopted planning
policies and this would negatively impact on the provision of jobs,
and in the longer term possibly change the character, function and
commercial viability of the designated industrial areas.
 

Supporting Documents

12-2 Appendix 2 A4D Designated Industrial Areas map.pdf
12-3 Appendix 3 A4D Designated Industrial Areas Evidence Report.pdf
12-4 Appendix 4 EqIA for A4D Designated Industrial Areas 2022.pdf
12-5 Appendix 5 A4D consultation report Designated Industrial Areas November 2022.pdf
12 CHE S228 Confirmation of Article 4 Direction to remove PD Rights for Class E to residential in Ha.pdf
12-1 Appendix 1 A4D Designated Industrial Areas_Direction.pdf

Details

OutcomeRecommendations Approved
Decision date25 Sep 2023