Basing View Commercial to Residential Article 4 Direction

The council has made a non-immediate Article 4 Direction to remove permitted development rights that allow the change of use from commercial uses to residential in Basing View.

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 will come into force on 26 September 2022.

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 where this is considered appropriate and can be justified. In such areas it would still be possible to convert commercial buildings to residential, but it would be necessary to submit a full planning application.

Why is the council serving an Article 4 Direction?

Basing View is already subject to an Article 4 Direction which removes permitted development rights to convert offices to residential, but this will cease to have effect after 31 July 2022. The new Article 4 Direction would renew the protection for offices and other commercial uses falling within Class E of the Town and Country Planning (Use Classes) Order 1987 (as amended).

Why does the council consider an Article 4 Direction to be necessary?

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.

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