Article 4 Direction - Commercial to Residential

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We are inviting comments on a non-immediate Article 4 Direction. This direction is a legal order which would remove Permitted Development Rights which allow change of use from business, commercial and service use to residential without the need for planning permissions; the direction relates to 44 separate locations in the borough.

What is Permitted Development?

Permitted Development Rights allow certain types of building work or changes of use without the need for planning permission.

In April 2021 the Government amended Permitted Development Rights to add a new category: change of use from Class E “business, commercial and service use” to residential (Class C3). Class E includes shops, restaurants, estate agents, offices, museums and indoor sports facilities.

Following the amendment, change of use from Class E to residential can be carried out without the need for planning permission (a simpler prior approval process is needed instead).

What is proposed?

The council is now proposing an Article 4 Direction in 44 retail and employment locations in the borough. Under this direction, landowners seeking change of use from Class E to residential will need to make an application for full planning permission rather than using the prior approval process. Any proposals will then need to be considered against relevant planning policies.

Have your say

We welcome your comments on the Article 4 Direction and locations (see documents section on right hand side of this page).

Please send us your comments by 5pm on Thursday 23 January 2025. Representations may be made by email.

You can email your response to localplan@lbhf.gov.uk

If you need the consultation documents in an alternative format please send an email to: localplan@lbhf.gov.uk

What happens next?

When deciding whether or not to confirm the direction, the council will take into consideration all representations received during the consultation. The direction is also subject to assessment by the Ministry of Housing, Communities and Local Government.

Subject to confirmation, the direction will come into force on 5 December 2025.

We are inviting comments on a non-immediate Article 4 Direction. This direction is a legal order which would remove Permitted Development Rights which allow change of use from business, commercial and service use to residential without the need for planning permissions; the direction relates to 44 separate locations in the borough.

What is Permitted Development?

Permitted Development Rights allow certain types of building work or changes of use without the need for planning permission.

In April 2021 the Government amended Permitted Development Rights to add a new category: change of use from Class E “business, commercial and service use” to residential (Class C3). Class E includes shops, restaurants, estate agents, offices, museums and indoor sports facilities.

Following the amendment, change of use from Class E to residential can be carried out without the need for planning permission (a simpler prior approval process is needed instead).

What is proposed?

The council is now proposing an Article 4 Direction in 44 retail and employment locations in the borough. Under this direction, landowners seeking change of use from Class E to residential will need to make an application for full planning permission rather than using the prior approval process. Any proposals will then need to be considered against relevant planning policies.

Have your say

We welcome your comments on the Article 4 Direction and locations (see documents section on right hand side of this page).

Please send us your comments by 5pm on Thursday 23 January 2025. Representations may be made by email.

You can email your response to localplan@lbhf.gov.uk

If you need the consultation documents in an alternative format please send an email to: localplan@lbhf.gov.uk

What happens next?

When deciding whether or not to confirm the direction, the council will take into consideration all representations received during the consultation. The direction is also subject to assessment by the Ministry of Housing, Communities and Local Government.

Subject to confirmation, the direction will come into force on 5 December 2025.

Page published: 05 Dec 2024, 10:01 AM