Article 4 Directions
Article 4 Direction for commercial, business and service use to residential use
A non-immediate Article 4 Direction was made on 30 July 2021 to remove permitted development rights regarding the change of use from class E use (commercial, business and service uses) to C3 use (residential). The areas covered by the Article 4 Direction are the borough’s designated main town centres, local centres and industrial areas. The full list and maps of the areas covered are included within the Article 4 Direction (as originally made). Further information can be found in the report on the justification for introducing the Article 4 Direction.
A public consultation on the Article 4 Direction took place between Thursday 5 August 2021 and Friday 1 October 2021. Public consultation notices were displayed in all the areas covered by the Article 4 Direction.
A decision to confirm the Article 4 Direction 4 was made at Place Committee on 11 November 2021. The Article 4 Direction was confirmed on 18 July 2022 and came into force on 31 July 2022.
Modification by the Secretary of State
The Secretary of State asked us to modify the size of the areas covered by the Article 4 Direction to make it cover the most essential commercial, business and service use areas. The Article 4 Direction has therefore been modified and agreed by the Secretary of State and as a result, the Direction is restricted to the smaller areas identified in the modification notice. The modified Article 4 Direction came into force on 14 June 2023.
Changing the use of a building from commercial, business and service use to residential use now needs planning permission in these areas.
Although it is disappointing to reduce the size of the areas covered by the Direction, we consider that the modified areas will be effective as it covers 39 areas across the borough where the main concentrations of commercial and business uses are located. They include areas within the main town centres and local centres providing useful shops and services to residents and visitors. The Article 4 Direction also continues to include key business areas including industrial estates and business parks.
A further analysis report was submitted to the Department for Levelling Up, Housing and Communities to support the modified areas and ensure the continued protection of the borough’s town centres and key employment areas.