Planning and Economic Development Portfolio

To consider report PES/387 of the Head of Economy and Planning.

RESOLVED

That the Cabinet:

a)         approves the making of non-immediate Article 4 Directions under the Town and Country (General Permitted Development Order) 2015 (as amended) to remove the Class MA permitted development right for Commercial, Business & Service (E) to residential (C3) at the Main Employment Areas shown at Appendix A, these being:

                 i.          Manor Royal

                ii.          Maidenbower Business Park

               iii.          Lowfield Heath

              iv.          Three Bridges Corridor

               v.          Tilgate Forest Business Centre

b)         delegates authority to the Head of Economy and Planning in consultation with the Cabinet Member for Planning and Economic Development to formally confirm the non-immediate Article 4 Directions following the 12 month notification period, if having fully considered all representations made during the consultation period, they are of the opinion that the Article 4 Directions should be made.

Reasons for the Recommendations

Crawley is firmly established as one of the key economic drivers in the South East of England, representing the economic heart of the Gatwick Diamond and the wider Coast to Capital Local Enterprise Partnership (LEP) area. The COVID-19 pandemic has impacted substantially upon Crawley’s economy and, whilst it is anticipated that the local economy will respond positively to the current challenges, it is vital that the right conditions are in place to support recovery.

There remains significant need for business land in Crawley, with the adopted 2015 Local Plan identifying an overall need for 57.9ha new employment land in the period up to 2030. However, with an available land supply pipeline of 23ha, there is a deficit of some 35ha business land. The available business land has continued to reduce as sites are built out, and the land supply pipeline is currently 17.56ha, as per the Employment Land Trajectory (Base Date 1 September 2020). To help meet Crawley’s employment needs, the Draft Submission (Reg. 19) Local Plan proposes the allocation of an industrial-led Strategic Employment Location at Gatwick Green, though in order to ensure a sufficient supply of employment land it is also critical to ensure that the function of borough’s existing Main Employment Areas (MEAs) are protected.

Crawley has already lost around 61,500sqm of commercial space to residential development via permitted development rights, and the presence of amenity-sensitive residential uses in the MEAs can constrain remaining business operations and erode market confidence. Some MEAs, for example Broadfield Business Park, have been undermined to such an extent by the introduction of residential uses that their overall employment function has effectively been lost. Of further concern is that working MEAs are not a suitable location for people to live, resulting in an isolated and poor quality of life that is contrary to the planned nature of Crawley as a New Town.

The Council has been selective in identifying the MEAs within which Article 4 Directions apply, having made these only where they are necessary to protect local amenity, the existing local business function and employment base and the well-being of the area. The existing Article 4 Directions, whilst having helped address the concerns mentioned above, will not be effective against the new right for Use Class E (GPDO Class MA). Should the council wish to retain the current protections made by these Article 4 Directions, it will be necessary to bring into force replacement Directions relating to the new Use Class E (GPDO Class MA) permitted development right. This has been confirmed through legal advice. 

The Cabinet Member for Planning and Economic Development presented report PES/387of the Head of Economy and Planning.  It was noted that the Government had recently revised the Use Class Order for England, and introduced a corresponding new permitted development right (Class MA) through amendments to the General Permitted Development Order (GPDO) 2015.  These changes would have implications for the Council’s existing Article 4 Directions at Manor Royal, Maidenbower Business Park, Lowfield Heath, Three Bridges Corridor, and Tilgate Forest Business Centre.  Therefore it was explained that if the Council wished to retain existing protections for those main employment areas, the current Directions would need to be replaced to take account of the amended GPDO.

Councillors Crow and Burrett were invited to speak on the item.  In response to their questions it was confirmed that, whilst the proposal was for a 12 month notification period before it commences, the current Article 4 would run concurrently and end once the new proposed one starts.

Councillor Lamb spoke in support of the recommendation.

RESOLVED

That the Cabinet:

a)         approves the making of non-immediate Article 4 Directions under the Town and Country (General Permitted Development Order) 2015 (as amended) to remove the Class MA permitted development right for Commercial, Business & Service (E) to residential (C3) at the Main Employment Areas shown at Appendix A, these being:

                 i.          Manor Royal

                ii.          Maidenbower Business Park

               iii.          Lowfield Heath

              iv.          Three Bridges Corridor

               v.          Tilgate Forest Business Centre

b)         delegates authority to the Head of Economy and Planning in consultation with the Cabinet Member for Planning and Economic Development to formally confirm the non-immediate Article 4 Directions following the 12 month notification period, if having fully considered all representations made during the consultation period, they are of the opinion that the Article 4 Directions should be made.

Reasons for the Recommendations

Crawley is firmly established as one of the key economic drivers in the South East of England, representing the economic heart of the Gatwick Diamond and the wider Coast to Capital Local Enterprise Partnership (LEP) area.  The COVID-19 pandemic has impacted substantially upon Crawley’s economy and, whilst it is anticipated that the local economy will respond positively to the current challenges, it is vital that the right conditions are in place to support recovery.

There remains significant need for business land in Crawley, with the adopted 2015 Local Plan identifying an overall need for 57.9ha new employment land in the period up to 2030.  However, with an available land supply pipeline of 23ha, there is a deficit of some 35ha business land.  The available business land has continued to reduce as sites are built out, and the land supply pipeline is currently 17.56ha, as per the Employment Land Trajectory (Base Date 1 September 2020).  To help meet Crawley’s employment needs, the Draft Submission (Reg. 19) Local Plan proposes the allocation of an industrial-led Strategic Employment Location at Gatwick Green, though in order to ensure a sufficient supply of employment land it is also critical to ensure that the function of borough’s existing Main Employment Areas (MEAs) are protected.

Crawley has already lost around 61,500sqm of commercial space to residential development via permitted development rights, and the presence of amenity-sensitive residential uses in the MEAs can constrain remaining business operations and erode market confidence.  Some MEAs, for example Broadfield Business Park, have been undermined to such an extent by the introduction of residential uses that their overall employment function has effectively been lost.  Of further concern is that working MEAs are not a suitable location for people to live, resulting in an isolated and poor quality of life that is contrary to the planned nature of Crawley as a New Town.

The Council has been selective in identifying the MEAs within which Article 4 Directions apply, having made these only where they are necessary to protect local amenity, the existing local business function and employment base and the well-being of the area.  The existing Article 4 Directions, whilst having helped address the concerns mentioned above, will not be effective against the new right for Use Class E (GPDO Class MA).  Should the council wish to retain the current protections made by these Article 4 Directions, it will be necessary to bring into force replacement Directions relating to the new Use Class E (GPDO Class MA) permitted development right.  This has been confirmed through legal advice.