Decision Maker: Head of Economy and Planning
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
On 30 June 2021, the Cabinet of Crawley
Borough Council approved the making of non-immediate Directions under Article
4(1) of the Town and Country (General Permitted Development) Order
2015 (as amended). Detail of this decision is provided in Report
Following a 12 month notification period and having considered all representations made during consultation, it has been determined that the Article 4 Directions will come into force on 1 August 2022 in the following Main Employment Areas:
i. Manor Royal
ii. Maidenbower Business Park
iii. Lowfield Heath
iv. Three Bridges Corridor
v. Tilgate Forest Business Centre
From the date they come into force, the Article 4 Directions remove the Class MA permitted development right for Commercial, Business & Service (E) to residential (C3).
Having considered all representations received during the consultation period, the Head of Economy and Planning in liaison with the Cabinet Member for Planning and Economic Development, is of the view that the Article 4 Directions are justified by robust evidence and are required to ensure there is no adverse impact on the economic role and function of the identified main employment areas or the wider economic function of Crawley. The Article 4 Directions will therefore come into force on 1 August 2022.
The decision is a matter of whether or not to
confirm the making of the above Article 4 Directions.
The Article 4 Directions are required as a result of changes to the Use Class Order in England, and the corresponding introduction of a new permitted development right (referred to as Class MA) which came into force 1 August 2021. Subject to specific limitations and conditions, the Class MA right allows any building or planning unit within Use Class E to convert to residential use through prior approval. Where existing Article 4 Directions were in already place, these are superseded by the new Class MA right, necessitating the making of replacement Directions. Transitional arrangements allowed Crawley’s existing Directions to remain in force for a further year, to 1 August 2022. This has provided sufficient time for the council to prepare replacement Article 4 Directions, ready to come into force before the carry over date of 1 August 2022.
The new Article 4 Directions replace those existing Directions that would otherwise be superseded 1 August 2022. The approach continues to support the council’s objectives to retain the supply of business land, ensuring that there is a good mix and supply of premises within the main employment areas, helping to support businesses and protect jobs. If potential loss of business floorspace in main employment areas is not managed this could have a substantial adverse economic consequence on the town and the wider sub region with regards to a competitive economy, jobs growth, and undermining investment in business space. As Crawley continues to recover from the significant economic impacts associated with COVID-19, ensuring a sufficient supply of employment land and providing certainty for existing and new businesses remains vital. The Directions also help ensure that residential development does not come forward in locations that would result in a poor quality of life for future residents.
Publication date: 25/07/2022
Date of decision: 22/07/2022