Decision details

Direction under Article 4(1) of the Town and Country Planning (General Permitted Development) Order 1995 (as amended)

Decision Maker: Executive

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

To seek approval to pursue the making of an Article 4 Direction to remove the permitted development right to change offices to residential use within certain key employment areas in the Borough.

Decision:

That the Executive:

(i)         noted and approved the draft Article 4(1) Direction at Appendix A of the report for the purposes of consultation; and,

(ii)        noted and approved the service of notice of the Article 4(1) Direction locally and the notification of the Secretary of State.

Reasons for the decision:

Recent evidence gathered for the emerging Local Plan has shown that over the last ten years there has been a net loss of employment floorspace in the Borough.  The study also recommends that Bracknell Forest Council should be planning for an increase of nearly 350,000 sqm of additional employment floorspace to support economic growth.

The Council is also aware of concerns raised by a number of local employers that the change of use of neighbouring office buildings within an established employment area to residential uses would undermine the quality of the environment as an attractive business location.

In order to preserve and control the character of the Borough’s key business areas as attractive locations for occupiers of office space and help reduce the loss of needed office floorspace it is proposed to remove the permitted development right for such changes of use.

Appendix B identifies the areas which the Council is seeking to protect.  These areas are also those protected in the Council’s Development Plan as defined employment areas.  These cover the Western Business Area in Bracknell, the Eastern Business Area in Bracknell, and the Southern Business Area in Bracknell.

Alternative options considered:

The option of not making an Article 4 Direction has been considered.  However, in light of the concerns of local businesses, the forecast future need for employment floorspace and the need to protect the attractiveness of our business areas for existing and potential occupiers, it is considered appropriate to take action.

There is also an option of making an Article 4 Direction with immediate effect as opposed to a Direction with non-immediate effect as proposed.  This however would expose the Council to potentially significant compensation claims.  The proposed process would mean that the Article 4 Direction will only come into effect following consultation with the owners and occupiers of the properties that would be affected by it. 

Interests and Nature of Interests Declared:

None.

Reason Key: Affects more than 1 ward;

Wards Affected: Bullbrook; Great Hollands North; Priestwood & Garth;

Financial Impact: Potential cost of processing planning applications with no fee payable

Declarations: None.

Subject to Urgent Proceedings: No.

Making Representations: In writing to the Director of Environment, Culture and Communities

Other reasons / organisations consulted

In accordance with relevant legislation.
Letter.
Public Notice.

Consultees

Owners and occupiers of all land within specified key employment areas.

Contact: Andrew Hunter, Executive Director: Place Email: andrew.hunter@bracknell-forest.gov.uk Tel: 01344 351907.

Publication date: 15/02/2017

Date of decision: 15/02/2017

Effective from: 23/02/2017