SUPPLEMENTARY AGENDA

Meeting: Board of the Old Oak and Park Royal Development Corporation

Date: Tuesday 28 July 2015

Time: 2.00 pm

Place: Committee Room 4, City Hall, The Queen's Walk, London, SE1 2AA

In accordance with section 100(B)(4) of the Local Government Act 1972, the Chairman has agreed to accept the following as an item of urgent business on the grounds that an announcement from Government relating to the matter is anticipated and following the announcement, the Corporation would need to act as quickly as possible and in advance of the next meeting of the Board, to secure the direction as described in the paper.

Article 4 Direction Removal of Permitted Development Rights Office (B1a) and Storage or Distribution (B8) to Residential (C3) The Board is asked to:

Approve the making of a non-immediate direction under Article 4 (1) of the Town and Country Planning (General Permitted Development) Order 2015 (GPDO) to remove permitted development rights to change the use of offices (B1a) and storage or distribution uses (B8) to residential (C3) in Strategic Industrial Land in the development area of the Corporation, for the reasons set out in this report; and

Delegate authority to the Head of Planning in consultation with the Chair of Planning Committee:

to approve and determine the direction including its specific wording, anyrestrictions to be imposed and any special conditions to be applied;

to prepare and serve notice of the direction;

to undertake consultation on the direction in accordance with the procedure setout in Schedule 3 of the Town and Country Planning (General PermittedDevelopment) Order 2015; and

following consideration by the Planning Committee, to report back to the Boardfor it to decide whether to confirm the direction taking account of representationsreceived.

Subject: Article 4 direction Removal of Permitted Development Rights

Office (B1a) and Storage or Distribution (B8) to Residential (C3) Meeting date: 28 July 2015 Report to: Board Report of: Chief Executive Officer For Decision ________________________________________________________________________ This report will be considered in public ________________________________________________________________________

1 Summary

1.1 This report seeks the Boards authorisation to make an Article 4 direction on a non-immediate basis to remove permitted development rights under planning legislation for changes of use from offices (B1a) and storage or distribution use (B8) to residential (C3) on designated Strategic Industrial Land in the development area of the Old Oak and Park Royal Development Corporation. The effect of the Article 4 direction would be that planning permission would be required to carry out such changes of use in those areas.

2 Recommendations

The Board is invited to:

2.1 Approve the making of a non-immediate direction under Article 4 (1) of the Town and Country Planning (General Permitted Development) Order 2015 (GPDO) to remove permitted development rights to change the use of offices (B1a) and storage or distribution uses (B8) to residential (C3) in Strategic Industrial Land in the development area of the Corporation, for the reasons set out in this report.

2.2 Delegate authority to the Head of Planning in consultation with the Chair of Planning Committee:

to approve and determine the direction including its specific wording, any restrictions to be imposed and any special conditions to be applied;

to prepare and serve notice of the direction;

to undertake consultation on the direction in accordance with the procedure set out in Schedule 3 of the Town and Country Planning (General Permitted Development) Order 2015; and

following consideration by the Planning Committee, to report back to the Board for it to decide whether to confirm the direction taking account of representations received.

3 Background

3.1 The Town and Country Planning (Use Classes) Order 1987 (as amended) classifies the use of land and buildings for planning purposes. The GPDO grants permitted development rights to allow certain changes of use between classes without the need for planning permission, but in some cases subject to a prior approval process such as the change of use of a building from offices (B1a) to residential (C3) and from storage and distribution (B8) to residential (C3). Prior approval is a light-touch process which applies where the principle of the development has already been established. The matters for prior approval are set out in the GPDO and a local planning authority cannot consider any other matters when determining a prior approval application.

3.2 Currently, the permitted development rights are temporary and will expire on 30 May 2016 for change of use from offices (B1a) to residential (C3) and on 15 April 2018 for change of use from storage and distribution (B8) to residential (C3).

3.3 Local planning authorities have powers to make an Article 4 direction to remove permitted development rights. There are two types of Article 4 direction: immediate and non-immediate. Guidance on the use of Article 4 directions is contained in National Planning Practice Guidance. The use of Article 4 directions is limited to situations where it is necessary to protect local amenity or the wellbeing of the area. The potential harm that the direction is intended to address should be clearly identified.

3.4 The Government has recently indicated that the existing expiry dates are now likely to be removed in a forthcoming amendment to the GPDO during summer 2015. As such it is important to begin the process of putting in place an Old Oak and Park Royal specific Article 4 Direction as soon as possible.

3.5 OPDC Board makes decisions on Planning Policy. Only those areas set out in the Planning Scheme of Delegation sections A, B and C have been delegated to OPDC Planning Committee or OPDC Director of Planning or in his/her absence to the Head of Planning.

4 Withdrawal of permitted development rights for changes of use in Old Oak & Park Royal

4.1 There are indications that the Old Oak and Park Royal regeneration area is coming under increasing pressure for changes of use from office and industrial uses to residential via permitted development. This raises two specific issues:

i) The unplanned conversion of office and industrial uses to residential at Old Oak could compromise delivery of the comprehensive regeneration of land around the Old Oak High Speed 2 station, thereby reducing the overall public benefits.

ii) The protection and regeneration of Park Royal as a strategic London wide important industrial area is a fundamental part of the overall planning strategy for the area. As the UKs largest industrial park, retaining this reserve of

industrial land is essential to mitigate the scale of release of Strategic Industrial Land at Old Oak. This industrial land is also necessary to accommodate the relocation of existing businesses from Old Oak. The introduction of residential uses within Park Royal, in an unplanned and uncontrolled manner using permitted development rights, has the potential to severely undermine the Mayors ability to deliver comprehensive regeneration at Old Oak and Park Royal.

4.2 It is recommended that to address the potential harm identified above a non-immediate Article 4 direction is made to withdraw permitted development rights for changes of use from offices (B1a) and storage or distribution (B8) uses to residential (C3). This would come into force just over twelve months after it is made. A non-immediate direction would allow all consultation views to be taken into account before the direction was confirmed. It would also reduce or eliminate the likelihood of compensation being payable to affected landowners under sections 107 and 108 of the Town and Country Planning Act 1990. The use of an immediate direction could have considerable compensation implications.

4.3 The intention of the Article 4 direction would not be to halt all changes of use of offices or storage and distribution uses to residential use. Rather, the direction would give OPDC more control over change of use applications through the planning process, to help protect the existing office and industrial supply and to guard against the harm set out in paragraph 4.1. It would 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.

4.4 Once the direction is made, notice must be given as soon as possible to all affected owners and occupiers within the area. A period of at least 21 days must be given, within which owners and occupiers can make representations to the local planning authority. The date the direction is intended to come into effect must also be specified. At the same time, a copy of the direction and notice of the direction, along with a map defining the affected area, must be sent to the Secretary of State. In deciding whether to confirm the direction, the authority must have regard to any representations received, and must send a copy of the direction as confirmed to the Secretary of State. The Secretary of State has the power to cancel or modify the direction at any time before or after it is confirmed.

4.5 The whole process is likely to take approximately 13 months from making the direction, through consulting on and, subject to the outcome of taking into account the representations received, confirming the direction, to the direction coming into effect. It is anticipated that the earliest the direction could come into effect is September 2016.

5 Financial Implications

5.1 The costs of making the Article 4 direction will be met from the existing OPDC Local Plan budget.

5.2 If an Article 4 direction is confirmed, there is likely to be a financial impact on OPDCs planning service, this is because no planning application fee would be payable for

planning applications for a change of use arising as a result of the removal of permitted development rights. However, this is expected to be minimal.

6 Legal Implications

6.1 The Town and Country Planning (General Permitted Development) Order 2015 allows local planning authorities to make Article 4 directions according to the procedure set out in Schedule 3.

6.2 The Town and Country Planning (Compensation) (England) Regulations 2015 provide that compensation would not be payable following withdrawal of permitted development rights subject to certain conditions being met.

6.3 The Secretary of State has the power to cancel or modify an Article 4 direction at any time before or after it is confirmed.

7 Appendices None.

8 Background Papers None.

Report originator: Claire OBrien, Principal Strategic Planner, OPDC Telephone: 0207 983 5705 Email: claire.obrien@opdc.london.gov.uk

Supplementary Agenda OPDC 28 July 2015280715 OPDC LATE BOARD REPORT - Article 4 direction