Agenda item

Recommendation from the meeting of the Cabinet Planning and Parking Panel on 29 October 2020 on the Article 4 Directions for new permitted development rights.

(1)   In order to protect strategic employment sites, the Council should consult on an Article 4 Direction for the removal of permitted development rights for Class ZA in Part 20 of Schedule 2 of the GDPO which permitted the demolition of commercial buildings and its replacement with a block of flats or single detached dwellinghouse.  This should be applied to the same strategic employment sites as the Article 4 Direction that has been agreed for the removal of permitted development rights for the change of use of offices to flats.

(2)   In order to protect heritage assets in Hatfield, the Council should consult on an Article 4 Direction for the removal of permitted development rights for Class A in Part 20 of Schedule 2 of the GPDO which permits self-contained flats to be constructed on top of existing blocks of flats.  This should be applied to the parts of Hatfield that were recently considered as part of a Hatfield Heritage Assessment.

(3)   That the proposed Article 4 Directions be recommended to Cabinet.

(4)   That the Head of Planning be granted delegated authority to prepare these Draft Schedules for public consultation.

(5)   That a report be presented to the Cabinet Planning and Parking Panel and Cabinet following public consultation to decide whether to confirm these Article 4 Directions.

Recommendation from the meeting of the Cabinet Planning and Parking Panel on 29 October 2020 on Article 4 Directions for New Permitted Development Rights.

The Government had recently announced a raft of new permitted development rights to encourage construction and speed-up development as part of the response to the coronavirus pandemic. 

Class ZA permitted demolition of commercial buildings and replacement them with block of flats or single detached dwellinghouse.

The Council had already confirmed Article 4 Direction for change of use of offices to flats due to notable loss of office space over last 5 to 10 years.

The Cabinet Planning and Parking Panel considered the right to demolish offices and rebuild housing would prejudice proper planning of the borough and Article 4 Direction would therefore be justified.

The Direction should be applied to strategic employment sites. For example Welwyn Garden City employment area, Beaconsfield and Great North Road, Hatfield Business Park and Sopers Road in Cuffley.

It was recommended that Article 4 Direction be consulted upon for six weeks and then wait one year for compensation rights to fall away.

Class A permitted self-contained flats to be built on top of existing blocks of flats.

The Council had recently prepared the Hatfield Heritage Assessment to understand the impact of taller buildings on character and setting of Hatfield House and Park, Hatfield Old Palace and St Etheldreda’s Church which are all Grade I listed.

The Cabinet Planning and Parking Panel considered the right to extend blocks of flats upwards could prejudice proper planning of the borough and Article 4 Direction would therefore be justified.

The Direction should be applied to the whole of Hatfield as identified in Assessment.

There was no scope for Article 4 Direction for Class A, AA, AB, AC and AD which allowed houses to be extended upwards to prevent Houses in Multiple Occupation, as the Direction already exists to prevent this from happening.

The Government had recently announced that all new homes created via permitted development rights must meet nationally described space standards and ensure adequate natural light.

RESOLVED:

(1)   In order to protect strategic employment sites, the Council should consult on an Article 4 Direction for the removal of permitted development rights for Class ZA in Part 20 of Schedule 2 of the GDPO which permitted the demolition of commercial buildings and its replacement with a block of flats or single detached dwellinghouse.  This should be applied to the same strategic employment sites as the Article 4 Direction that has been agreed for the removal of permitted development rights for the change of use of offices to flats.

(2)   In order to protect heritage assets in Hatfield, the Council should consult on an Article 4 Direction for the removal of permitted development rights for Class A in Part 20 of Schedule 2 of the GPDO which permits self-contained flats to be constructed on top of existing blocks of flats.  This should be applied to the parts of Hatfield that were recently considered as part of a Hatfield Heritage Assessment.

(3)   That the proposed Article 4 Directions be recommended to Cabinet.

(4)   That the Head of Planning be granted delegated authority to prepare these Draft Schedules for public consultation.

(5)   That a report be presented to the Cabinet Planning and Parking Panel and Cabinet following public consultation to decide whether to confirm these Article 4 Directions.