Commercial to Residential Article 4 Direction
The council has made an Article 4 Direction to remove permitted development rights that allow the change of use from commercial uses to residential in Basing View. There are also restrictions on converting storage or distribution premises in Chineham Business Park and Hampshire International Business Park.
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The council made the Article 4 Direction on 25 September 2021. Following consultation in September to November 2021, the Direction was confirmed on 7 April 2022. The Direction came into force on 26 September 2022.
This Article 4 Direction provides protection for offices and other commercial uses falling within Class E of the Town and Country Planning (Use Classes) Order 1987 (as amended) on Basing View.
A report explaining the reasons for serving the Article 4 Direction can be viewed here.
Following consultation, the Direction was confirmed by the Cabinet in March 2022. View the report explaining this decision.
Permitted rights that allowed the conversion of B8 (Storage or Distribution) uses to residential have also been removed by the retained provisions of an Article 4 Direction served in 2018 (more details in the below section).
Chineham Business Park and Hampshire International Business Park
The council first made an Article 4 Direction on its employment sites in 2018. However, as a result of changes to legislation, many aspects of this Direction have now ceased to have effect. However, the Article 4 Direction still provides protection for storage and distribution premises falling within Class B8 of the Town and Country (Use Classes) Order 1987 (as amended) at Chineham Business Park and Hampshire International Business Park. As set out above, this protection also extends to Basing View.
The council's reasons for making the Article 4 Direction are explained in a report to the council's Cabinet in September 2018.
Following consultation, the Direction was confirmed by the Head of Planning and Infrastructure in conjunction with the Cabinet Member in March 2019. View the report explaining this decision
What is an Article 4 Direction?
The government has established permitted development rights that allow some commercial buildings to be converted into residential accommodation without the need to submit a full planning application. Although an application for ‘prior approval’ is still required, the Local Planning Authority is only able to take a limited range of considerations into account through this process.
However, the regulations allow councils to serve an Article 4 Direction to remove such permitted development rights in limited circumstances. In such areas it would still be possible to convert offices to residential, but it would be necessary to submit a full planning application.