Issue - meetings

Report of the Corporate Director (Public Protection, Planning and Governance) on the confirmation of the Article 4 Direction.

(1)     Cabinet noted the results of the public consultation which took place for six weeks in October and November 2019.

(2)     Cabinet approved the confirmation of the Article 4 Direction covering the most important office sites in the Borough and to start on 12 October 2020.

Report of the Corporate Director (Public Protection, Planning and Governance) on the confirmation of the Article 4 Direction.

(1)       The Decision Taken

RESOLVED:

(1)  Cabinet noted the results of the public consultation which took place for six weeks in October and November 2019.

(2)  Cabinet approved the confirmation of the Article 4 Direction covering the most important office sites in the Borough and to start on 12 October 2020.

(2)       Reasons for the Decision

Permitted Development rights exist to convert B1a offices into C3 residential.

The Council had lost 30,000 sqm of office space and gained 435 flats with further commitments of 10,000 sqm of office space and 226 flats.

Other schemes have used Permitted Development as fall-back position to secure permission.

Herts LEP study showed that Herts County Council had lost 400,000 sqm office space which would have a negative impact on growth and economic performance.

Permitted Development schemes do not provide affordable housing or S106 contributions.

Article 4 Direction means that office-to-residential schemes will once again require permission. They will not be banned but will have to get the Council’s permission.

A draft Article 4 Direction was issued in October 2019 for public consultation. It was necessary to wait twelve months to let compensation claims fall-away.

The Article 4 Direction proposal covered:

Welwyn Garden City Employment Area

Hatfield Business Park

Great North Road and Beaconsfield Road, Hatfield

Sopers Road, Cuffley

Planning Officers did not consider Old Hatfield to be strategic office location. There was a limited response to the consultation of the Article 4 Direction, out of the comments received 15 were in support, 3 were opposed and 3 were unknown. There were no substantive issues for the A4D.

The Article 4 Direction was unanimously agreed at the meeting of Cabinet Planning and Parking Panel on 30 July 2020. However since then, the Council had received a letter from JLL on the 5 August on the Article 4 Direction.

Response to JLL letter received 5th August 2020

JLL point: The A4D is neither expedient nor reasonable

Response: Whether it is expedient to confirm the A4D is a matter of judgment for the Council based on careful assessment of the evidence and consultation responses. The CPPP report makes clear that this has taken place. There is clearly a significant loss of employment (office) floorspace taking place through PD conversions, and the gains in terms of additional housing units are not necessarily sufficient to outweigh the harm to the local economy.

It is accepted that the Council must act reasonably at all times, based on evidence, which it is doing in this case.

JLL point: The A4D will prevent the Council from making best use of brownfield land for housing and therefore require more Green Belt land to be released

Response: Although use of brownfield sites for housing can be sustainable, this needs to be balanced against other key planning objectives including maintaining a reasonable stock of employment land, therby reducing the need to travel outside the town/borough for work  ...  view the full minutes text for item 158