Article 4 directions

An Article 4 Direction (A4D) is part of planning legislation that allows the Council to remove permitted developments rights including changes of use from an area or a particular property.

Permitted development (PD) rights are a national grant of planning permission which allow certain works and change of use to be carried out without having to make a planning application under the Town and Country Planning (General Permitted Development) (England) Order 2015 ("the Order"). These rights can be withdrawn under Article 4(1) of the order if there is a justification for both its purpose and extent.

Please note that the Article 4 Directions on this page refer to a change of use of properties, and are not in relation to works to a dwelling house in conservation areas that have Article 4 Directions. Please see the St Mark's conservation area or De Beauvoir conservation area for more information.

Article 4 Directions: Retail to residential use, office to residential use and flexible town centre use 

In this case 3 A4Ds have been made for the removal of permitted development rights without immediate effect for the following:

When did the Article 4 Directions take effect?

These 3 A4Ds have been made without immediate effect under Article 4(1) to withdraw the permitted rights after 12 months' notice. They were confirmed by cabinet in July 2016 and came into force 15 September 2016

To allow the Council to assess the impacts that a change of use would have in the areas affected, a planning application would be required to be submitted for all changes of use in the affected areas.

For enquiries, email: LDF@hackney.gov.uk or tel 020 8356 8084.

Retail to residential use

To withdraw the PD rights for buildings and any land within its curtilage which fall within Classes A1 (shops), A2 (financial and professional services), betting office or pay day loan shop or a mixed use combining residential and A1, A2 betting office or pay day loan shop, of the Schedule of the Town and Country Planning (Use Classes) (Amendment) (England) Order 2015, and building operations reasonably necessary to convert the building in these types of use, to convert to class C3 (dwellinghouse) use of that schedule. Being development comprised within class M of part 3 of schedule 2 to the said order and not being development comprised within any other class.

Areas affected

  • Dalston major town centre primary and secondary frontages
  • Hackney Central district town centre primary and secondary frontages
  • Stoke Newington High Street district town centre primary and secondary frontages
  • Finsbury Park district town centre primary and secondary frontages
  • Manor House local shopping centre 
  • Stamford Hill local shopping centre 
  • Stoke Newington Church Street local shopping centre 
  • Upper Clapton Road local shopping centre 
  • Stoke Newington Road local shopping centre 
  • Lower Clapton Road local shopping centre 
  • Chatsworth Road local shopping centre 
  • Wick Road local shopping centre 
  • Well Street local shopping centre 
  • Kingsland Road local shopping centre 
  • Broadway Market local shopping centre 
  • Lauriston Road local shopping centre 
  • Hoxton Street local shopping centre 
  • Shacklewell Lane local shopping centre 

Office to residential use

To withdraw the PD rights for buildings and any land within its curtilage which fall within Class B1(a) (Office) use of the Schedule of the Town and Country Planning (Use Classes) (Amendment) (England) Order 2015, to convert to class C3 (dwellinghouse) use of that schedule. Being development comprised within class O of Part 3 of schedule 2 to the said order and not being development comprised within any other class.

Areas affected

  • Red Square priority employment area 
  • Shacklewell priority employment area 
  • Hackney Downs priority employment area 
  • Belfast Road priority employment area 
  • Anton Street priority employment area 
  • Tilia Street priority employment area 
  • Prout St priority employment area 
  • Theydon Road priority employment area
  • The remainder of the Hackney Central Area Action Plan (AAP) area currently not exempt from these PD rights by the Government following submission of the Council's category A exemption bid in 2013 relating to employment areas of 'national significance' 
  • Manor House AAP area 
  • Hackney Central district town centre (where not already exempt and not within the AAP area) 
  • Stoke Newington district town centre

Flexible town centre use

To withdraw the PD rights for buildings and any land within its curtilage which fall within Class A1 (shop), A2 (financial and professional services), A3 (café and restaurant), A4 (drinking establishment), A5 (fast food take-away), B1 (office), D1 (non-residential institutions) and D2 (assembly and leisure), or a betting office or pay day loan shop of the schedule of the Town and Country Planning (Use Classes) (Amendment) (England) Order 2015, to convert for a period of two years to class A1, A2, A3 or B1 use of that Schedule. Being development comprised within class D of Part 4 of schedule 2 to the said order and not being development comprised within any other Class.

Areas affected

  • Dalston major town centre primary and secondary frontages
  • Hackney Central district town centre primary and secondary frontages
  • Stoke Newington High Street district town centre primary and secondary frontages
  • Finsbury Park district town centre primary and secondary frontages
  • Manor House local shopping centre 
  • Stamford Hill local shopping centre 
  • Stoke Newington Church Street local shopping centre 
  • Upper Clapton Road local shopping centre 
  • Stoke Newington Road local shopping centre 
  • Lower Clapton Road local shopping centre 
  • Chatsworth Road local shopping centre 
  • Wick Road Local local shopping centre 
  • Well Street Local local shopping centre 
  • Kingsland Road local shopping centre 
  • Broadway Market local shopping centre 
  • Lauriston Road local shopping centre 
  • Hoxton Street local shopping centre 
  • Shacklewell Lane local shopping centre 

Article 4 Direction for The Chesham Arms Public House 15 Mehetabel Road, London, E9 6DU

In this case an Article 4 Direction has been made to remove immediately the permitted development rights to change the use at The Chesham Arms Public House at 15 Mehetabel Road, London, E9 6DU falling within Class A4 (drinking establishment) of the Schedule of the Town and Country Planning (Use Class) Order 1987, as amended, to a use falling within Class A1 (shops), Class A2 (financial and professional services) or Class A3 (café and restaurant) being development comprised within classes A and B of Part 3 of schedule 2 of the said order. This requires that a planning application for any change of use must now be submitted to the Council.

When did the Article 4 take effect?

The Article 4 Direction has been made to have immediate effect on 6 March 2015 under Article 6 to withdraw the permitted rights straight away as the Council is satisfied that the development / use referred to above presents an immediate threat to local amenity or prejudices the proper planning of the area. To allow the Council to assess the impacts that a change of use would have on the site a planning application must now be submitted for all proposed changes of use at the property. A consultation period ran between 6 March and 17 April 2015. A decision was made at Cabinet on 20 July 2015 for the Direction to be confirmed. The Direction was consequently confirmed on the 2 September 2015.

Key documents

For enquiries, email: LDF@hackney.gov.uk or tel 020 8356 8084.

Page updated: 10/10/2016 11:59:35

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