DD143 Article 4 direction landowner notification list

OPDC (subject to Board approval) is seeking to make a non-immediate Article 4 direction to remover permitted development rights to change the use from Class E (Commercial, Business and Service) to Class C3 (Residential) within the Strategic Industrial Location in the OPDC. To avoid paying compensation to those potentially affected by the withdrawal of their permitted development rights, 12 months' notice must be given before the direction can come into affect. Part of the statutory process to take this forward involves serving notice of the Article 4 direction on the owner (and occupier) of every part of the land within the area or sit to which the direction relates unless this is impracticable. The notice will give landowners and occupiers 21 days to make representations to OPDC.

The OPDC area includes London's largest industrial area, with 1,7000 businesses employing over 40,000 people and generating £2.1 billion for the UK economy. It is vital to serving the need of London's population and businesses and supporting the regional and national economy. Business operations in the Strategic Industrial Land (SIL) area would include uses classified as Class E uses, and the new permitted development rights would allow for these to be converted to residential uses without the need for planning permission. This has the potential to erode the industrial floorspace in our area.

The protection of SIL in the OPDC area is a fundamental part of the overall planning strategy for the area. Future plans to deliver tens of thousands of new jobs and economic growth through industrial intensification would be compromised through the loss of industrial capacity and the introduction of residential uses could severely undermine opportunities to deliver future industrial development and comprehensive regeneration.

The introduction of new residential uses, in an unplanned and uncontrolled manner using permitted development rights, could also compromise the ongoing operations of neighbouring industrial premises or future industrial development because they will be more sensitive to issues such as noise, odor, 24-hour operational activity of industrial businesses and unlight/daylight impacts.

Given the scale and importance of our industrial area to the local, London and national economy, the harm identified above poses a significant risk and potential negative impacts. Therefore, it is considered important to begin the process of putting in place an Old Oak and Park Royal specific Article 4 direction as soon as possible.

A non-immediate Article 4 direction withdrawing permitted development rights for changes of use from Commercial, Business and Service (E) to residential (C3) would address the potential harm identified above. This would come into force just ver twelve months after it is made. A non-immediate direction would allow consultations views to be taken into account before the direction is confirmed and would eliminate the likelihood of compensation being payable to affected landowners under sections 107 and 108 of the Town and Country Planning Act 1990. The direction would give OPDC more control over change of use application through the planning process, to help guard against the harm set out above. It will also allow the consideration of other planning matters such as affordable housing or amenity space provision to be considered with change of use applications, which would not otherwise be possible with the permitted development rights in force.

The plan is for the Article 4 direction to come into effect by 1st August 2022 when, due to governance changes, our existing Article 4 direction will cease to have effect. To meet this deadline, taking into account the 12 months' notice, notifications would be sent in July 2021.

OPDC does not have access to up to date landowner information, but TfL Property can provide us with this data from HM Land Registry. There is a cost associated with this service and given the potential number of property titles in the proposed Article 4 direction area, the cost is estimated to be between £20,000 - £25,000. This will comprise of a small fee paid to TfL Property for their services to provide the data request to HM Land Registry, on a cost recovery basis, and a fee paid directly to HM Land Registry for the title documentation.

The proposal and how it will be delivered

The expenditure will pay for access to landowner infrmation from HM Land Registry. TfL Property will be managing the delivery of this data from HM Land Registry.

The objective of securing expenditure is to ensure that we have the information we need to notify landowners about the Article 4 direction. This is part of the statutory process for implementing a non-immediate Article 4.

Strategic fit

Access to this data is needed to ensure we can notify landowners in the proposed Article 4 direction area in line with the legal procedures set down for implementing a direction.

OPDC must have 'due regard' to the need to eliminate unlawful discrimination, harassment and victimisation as well as to the need to advance quality of opportunity and foster good relations between people who share a protected characteristic and those who do not.

Under Section 149 of the Equality Act 2010, as a public authority, OPDC must have 'due regard' to the need to eliminate unlawful discrimination, harassment and victimisation as well as to the need to advance quality of opportunity and foster good relations between people who share a protected characteristic and those who do not.

OPDC Officers have given due regard to their duty in respect of section 149 of the Equality Act 2010. The notifications served to landowners using the HM Land Registry data will specify a representation period giving them an opportunity to submit comments. These representations must be taken into account before the Article 4 direction can be confirmed by OPDC.

Project governance and assurance

TfL Property will be arranging the delivery of this data from HM Land Registry.

Risks and issues

A key risk would be any prolonged delay to extracting this information as this would in turn affect the timescale for notification and the implementation of the Article 4 direction.

Other considerations

There are no other considerations.

Conflict of interest

No one involved in the preparation or clearance of this Form, or its substantive proposal, has any conflict of interest.

The total cost is expected to be up to £25,000 and will be met through the 2021/22 Planning Directorate's Planning Policy budget.