Agenda item

This report provides an update on recent changes to the planning system, implications and options open to the Council in relation to new permitted development (PD) rights.

Please note this report has been republished on 16/07/21 to include an addendum

Having noted the addendum to the report, Cabinet RESOLVED:

(1)      To note the changes to the planning system and the options for Article 4 Directions available.

(2)      To approve the making of Article 4 Directions removing the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) permitted development rights for:

A)        Class MA commercial, business and service uses to dwelling houses and Class ZA demolition of buildings and construction of new dwellings in their place for all Strategic Industrial Locations and Locally Significant Industrial Sites designations within the draft Brent Local Plan as set out in Appendix 2 of the report;

B)        Class MA commercial, business and service uses to dwellinghouses and Class ZA demolition of buildings and construction of new dwellinghouses in their place for all draft Local Plan site allocations as set out in Appendix 3.

C)       (as amended within the addendum) Class M certain uses to dwelling houses and Class MA commercial, business and service uses to dwelling houses at ground floor level for all designated town centres and Class MA for use class E(g)(i) offices on non-ground floors as identified in the draft Brent Local Plan as set out in Appendix 4 of the report.

D)       Class MA for office, research and development and light industrial (Use Class E (g)) in the remainder of the borough outside areas covered by a), b) and c) recommended above as set out in Appendix 5 of the report.

(3)      To approve the delegation of consideration of representations received and the decision on whether to confirm the Article 4 directions to the Strategic Director of Regeneration and Environment in association with the Cabinet Member for Regeneration, Property and Planning.

Councillor Tatler (Lead Member for Regeneration, Property & Planning) introduced the report which provided an update on recent changes to the planning system along with the implications and options available to the Council, as a result, to restrict new permitted development rights.

In addition to the Cabinet report, members also noted the addendum which had been circulated in advance of the meeting outlining a number of further material changes in circumstances related to the original recommendations on the Article 4 Directions.  This had resulted in a revised recommendation 2.2(c) being presented for consideration.  Cabinet were advised that the most significant changes, as detailed within section 3 of the report, had related to the Use Classes Order (enabling activities to change to other uses within the same class) and to permitted development rights (allowing certain development without the express consent of the planning authority).  Whilst not preventing development opportunities, Cabinet noted how the proposals would continue to protect against the loss of employment floor space, prevent inappropriate incursion of residential within designated industrial locations, protect the vitality and viability of town centres (including frontages and loss of retail units) and prevent the undermining of industrial or commercial use site specific allocations.

Having noted the addendum to the report, Cabinet RESOLVED:

(1)      To note the changes to the planning system and the options for Article 4 Directions available.

(2)      To approve the making of Article 4 Directions removing the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) permitted development rights for:

A)        Class MA commercial, business and service uses to dwelling houses and Class ZA demolition of buildings and construction of new dwellings in their place for all Strategic Industrial Locations and Locally Significant Industrial Sites designations within the draft Brent Local Plan as set out in Appendix 2 of the report;

B)        Class MA commercial, business and service uses to dwellinghouses and Class ZA demolition of buildings and construction of new dwellinghouses in their place for all draft Local Plan site allocations as set out in Appendix 3.

C)       (as amended within the addendum) Class M certain uses to dwelling houses and Class MA commercial, business and service uses to dwelling houses at ground floor level for all designated town centres and Class MA for use class E(g)(i) offices on non-ground floors as identified in the draft Brent Local Plan as set out in Appendix 4 of the report.

D)       Class MA for office, research and development and light industrial (Use Class E (g)) in the remainder of the borough outside areas covered by a), b) and c) recommended above as set out in Appendix 5 of the report.

(3)      To approve the delegation of consideration of representations received and the decision on whether to confirm the Article 4 directions to the Strategic Director of Regeneration and Environment in association with the Cabinet Member for Regeneration, Property and Planning.