The Government introduced new permitted development rights in April 2021 that allow owners to convert their property from industrial or commercial space (Use Class E) to a residential use (Use Class C3 – dwellinghouse/ residential) without the need for planning permission.
These permitted development rights apply in certain circ*mstances and are also subject to a prior approval process that considers several criteria which must be satisfied. Further guidance on the use classes and rules regarding these permitted development rights can be found on the Planning Portal.
OPDC wants to ensure that the employment opportunities offered by local businesses are protected and Park Royal’s status as a Strategic Industrial Location (SIL) is preserved and enhanced. The introduction of new residential uses in an unplanned manner can be harmful to businesses causing disruption to business operation and disturbance to the new residents.
The OPDC area includes London’s largest designated industrial area, with 1,700 businesses employing over 40,000 people and generating £2.1 billion a year for the UK economy. It is vital to serving the need of London’s population and businesses and supporting the regional and national economy. Business operations in the Strategic Industrial Land (SIL) area (see Proposed Article 4 Direction map for proposed SIL boundary) would include uses classified as Use Class E uses, and the new permitted development rights would allow for these to be converted to residential uses without the need for planning permission. This has the potential to erode the industrial floorspace in our area.
The protection of SIL in the OPDC area is a fundamental part of the overall planning strategy for the area. Future plans to deliver tens of thousands of new jobs and economic growth through industrial intensification would be compromised through the loss of industrial capacity and the introduction of residential uses could severely undermine opportunities to deliver future industrial development and comprehensive regeneration.
The introduction of new residential uses, in an unplanned and uncontrolled manner using permitted development rights, could also compromise the ongoing operations of neighbouring industrial premises or future industrial development because they will be more sensitive to issues such as noise, odour, 24-hour operational activity of industrial businesses and sunlight/daylight impacts.
Given the scale and importance of our industrial area to the local, London and national economy, the harm identified above poses a significant risk and potential for negative impacts. Therefore, it is considered important to begin the process of putting in place an Old Oak and Park Royal specific Article 4 direction as soon as possible.
The intention of the Article 4 direction is not to halt all changes of use of Use Class E uses to residential use. Rather, the direction will give OPDC more control over change of use applications through the planning process, to help protect the industrial area. It will also allow the consideration of other planning matters such as affordable housing or amenity space provision to be considered with change of use applications, which would not otherwise be possible with the permitted development rights in force.
FAQs
Here are some of our top tips for doing so:
- If you've had to apply for planning permission, be sure to track your application through the system. ...
- Study local planning policies. ...
- Get advice before applying. ...
- Another option is to buy a plot of land which has existing planning permission.
The effect of OPDC's Article 4 direction is that planning permission will be required for developments that would otherwise not require an application for planning permission.
What are the Article 4 directions of the local authority? ›
An Article 4 Direction (A4D) is part of planning legislation that allows the council to remove permitted development rights including changes of use from an area or a particular property in certain limited situations where it is necessary to protect local amenity or the well being of an area.
What is the immediate Article 4? ›
Immediate article 4 direction for small houses in multiple occupation (HMO) An immediate article 4 direction started on 17 November 2022 to remove permitted development rights for the conversion of homes (Use Class C3) to small houses in multiple occupation (Use Class C4) in seven wards in Merton: Colliers Wood.
What are the three main points of Article 4 Section 4? ›
Section 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
What is the Article 4 situation? ›
The article states: “The Parties will consult together whenever, in the opinion of any of them, the territorial integrity, political independence or security of any of the Parties is threatened.” Any member country can formally invoke Article 4 of the North Atlantic Treaty.
What does Article 4 focus on? ›
Article IV Relationships Between the States
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Why does Article 4 matter? ›
Article IV addresses something different: the states' relations with each other, sometimes called “horizontal federalism.” Its first section, the Full Faith and Credit Clause, requires every state, as part of a single nation, to give a certain measure of respect to every other state's laws and institutions.
What is the Article 4 ruling? ›
In summary, an Article 4 direction removes or restricts one or more permitted development rights from a site or area, meaning planning permission is required. They are created by local councils to provide them with control over developments that would normally be permitted.
What do you mean by Article 4? ›
Article-4:
This Article allows for consequential changes in the Ist Schedule i.e. names of the States in the Union of India and IVth Schedule i.e. a number of seats allotted in the Rajya Sabha for each state. Constitution will not treat any such law altering existing States or creating a new State, as the amendment.
Clause 2 Interstate Extradition
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
Which of the following are key elements of Article IV of the Constitution? ›
Key Elements of Article IV of the Constitution
The following are key elements of Article IV: It lists the powers and responsibilities of state governments. It describes how states must respect the rights and liberties of citizens of all states. It establishes a way for Congress to add new states to the union.
What is Article 4 simplified? ›
Article 4 – States Rights.
Citizens of one state are treated equally and fairly like all citizens of another. B. If a person accused of a crime in one state flees to another, he/she will be returned to the state that person fled from.
What are the rights of Article 4? ›
Article 4 Prohibition of slavery and forced labour
1No one shall be held in slavery or servitude. 2No one shall be required to perform forced or compulsory labour.
What is the comity clause of Article 4? ›
The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner.
What are the requirements of Article 4? ›
Article IV Relationships Between the States
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Why was Article 4 included? ›
Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. It also empowers Congress to admit new states and administer the territories and other federal lands.
