Issue - meetings

Report of the Assistant Director of Place (Economic Growth and Housing)

The Cabinet considered the report of the Assistant Director of Place (Economic Growth and Housing) confirming the making of a non-immediate Article 4 Direction in relation to changes of use from E (Commercial, Business and Services) to C3 in shopping parades in the Bootle Area Action Plan area. The proposed Article 4 Direction was made in February 2023 and sought to restrict permitted development rights in these areas from commercial, business and service uses to dwelling houses.

Appendix A to the report set out the Article 4 Direction.

Decision Made:

That the making of a non-immediate Article 4 Direction, as attached to the report at Appendix A, in relation to changes of use from E to C3 on commercial parades within the Bootle Area Action Plan area, be confirmed, the Article 4 Direction to come into force on 7 February 2024, one year after it was made.

Reasons for the Decision:

People could, using permitted development rights under the General Development Permitted Order 2015 (as amended), convert their commercial units on local shopping parades to residential properties. Whilst in many instances, residential use would be appropriate, in some instances this could result in sub-standard accommodation. Changes of use could also result in negative impacts upon the vitality and viability of shopping parades.

Once the Article 4 Direction came into effect, planning permission would be required before such changes of use could take place, and this would ensure the Council had control of these proposals. The Council would therefore be able to consider whether the proposals, either individually, or in combination, would have a detrimental impact on residential amenity.

Alternative Options Considered and Rejected:

Option 1 – Do not have an article 4 direction. It would mean business as usual and that the Council would continue to have little control over conversions from units in Use Class E (such as in shopping parades) to Use Class C3 (residential). It might risk further fragmentation of shopping areas with a detrimental impact on the usability and health of those shopping areas. It might also mean that some accommodation provided might be low quality and provide poor living conditions.

Option 2 – Issue an Article 4 direction with an immediate effect. This would mean that the control of use from units in parades to dwellings would be in place as soon as the direction was made. However, the Council would be liable to pay compensation to owners. This could be costly, and it was not clear how this could be financed.

Option 3 – Cover the whole of Sefton or the Bootle AAP area with an article 4 direction. The National Planning Policy Framework was clear that an article 4 should be kept to the minimum area that was necessary. The Council was aware of article 4 directions being rejected by the Secretary of State due to proposed directions being applied too widely.