What is Permitted Development?
Certain types of extensions and changes of use, subject to certain limits and conditions, do not require full planning permission from the council. These forms of development are called permitted development (PD) and are set out in the Town and Country Planning (General Permitted Development) (England) Order 2015 ('the GPDO). Details about these rights and conditions relating to their use can be found on the Planning Portal website.
What are Article 4 Directions?
An Article 4 Direction is an order made by a local planning authority to restrict and remove certain PD rights for part of, or all, their area.
Office to residential Article 4 Direction (CAZ)
In 2013, the Government introduced a PD right to allow office uses (B1a use class) to change to residential uses (C3 use class) without the need for planning permission. The Council, in coordination with the Greater London Authority, successfully applied for an exemption from the PD right for Islington’s portion of the Central Activities Zone (CAZ), on the grounds that nationally significant office accommodation would be lost. However, the Government have announced that the current exemptions will be lifted from May 2019. In order to continue the protection of office uses in the Islington CAZ, the Council must put in place an Article 4 Direction to remove the PD right in the CAZ.
The Council recently consulted on an Article 4 Direction to remove PD rights which allow the change of use from B1a (office) to C3 (residential) in the exempted part of the Islington CAZ.
The Article 4 Direction, the map showing the area to be covered by the Direction, and the public notice relating to the Direction can be viewed below.
The Article 4 Direction is non-immediate and will come into force on 20 March 2019, if it is confirmed by the Council’s Executive. When deciding whether or not to confirm the Direction, the Council will consider all representations received during the consultation period.
Office to residential Article 4 Direction (Outside the CAZ)
In 2013, the council confirmed an Article 4 Direction which would remove office to residential PD rights for the whole borough outside the CAZ (which is exempt from the PD rights). The Secretary of State subsequently cancelled this Direction in July 2014. The council then challenged the Secretary of State’s reasons for cancellation. As a result of this, the Secretary of State acknowledged that the cancellation had been based on flawed evidence. Following further discussions between Islington Council and the Department for Communities and Local Government, a smaller area to be covered by the Article 4 Direction was agreed.
The Secretary of State modified Islington’s Article 4 Direction on 17 September 2014. The Direction now covers specific clusters of office uses in various parts of the borough. The Direction came into force on 18 September 2014.
For the avoidance of doubt, any prior approval permissions granted prior to 18 September 2014 will not be affected.
The modified Direction and map of the areas covered by the Direction can be downloaded at the bottom of the page.B1(c) to C3 Article 4 Direction
The Government introduced a new Permitted Development right in 2016 which gives the right to change from B1(c) use (light industrial) to C3 use (residential). In November 2016, Islington Council made three Article 4 Directions to withdraw this Permitted Development right, relating to the Vale Royal / Brewery Road Locally Significant Industrial Site, the Central Activities Zone within Islington and other B1(c) locations across the borough.
On 28 July 2017 Islington Council confirmed the three Article 4 Directions. The Directions will come into force on 3 November 2017. From this date, light industrial uses (use class B1(c)) will need planning permission to change to residential use (use class C3). The three Directions; maps showing the areas covered by the Directions; and the public notice relating to the Directions can all be viewed below.
A1 to A2 Article 4 Direction
The Government introduced a new Permitted Development right in April 2015 which gives the right to change from a shop (A1 use class) to a financial and professional service (A2 use class) such as an estate agent or bank, without the need for planning permission. In May 2016, Islington Council made three Article 4 Directions to withdraw this Permitted Development right, relating to Town Centres, Local Shopping Areas and dispersed shops in the rest of the borough.
On 17 November 2016 Islington Council confirmed the three Article 4 Directions. The Directions will come into force on 26 May 2017. From this date, shops (use class A1) will need planning permission to change to financial and professional services (use class A2). The three Directions; maps showing the areas covered by the Directions; and the public notice relating to the Directions can all be viewed below.
'Flexible uses' Article 4 Direction
On 11 July 2013, the council published an Article 4 direction to remove PD rights which allow the change from A1 (shops), B1 (offices) and D1 (community uses) to temporary 'flexible uses'. On 17 October 2013 Islington Council confirmed this Direction. The Direction came into force on 15 July 2014 and applies throughout the borough. The notice of confirmation and the confirmed Article 4 Direction can be downloaded at the bottom of this page.
How will an Article 4 Direction affect me?
An Article 4 Direction does not affect the existing use of the property or any current planning permissions. However, it does reintroduce a requirement for planning permission which would have previously been given automatically through PD rights.
How do I use the new Permitted Development rights?
For prior approval applications, including office to residential PD rights, retail to residential PD rights and householder extension PD rights, an application for Prior Approval must be made before the PD rights can be utilised. Application forms and further details on how to apply for prior approval are set out in the Planning Applications section of the website. Guidance notes explaining the Prior Approval process for office to residential PD rights, retail to residential PD rights and householder extension PD rights are available to download at the bottom of the page. Islington Council also require a car-free statement or Unilateral undertaking to be submitted alongside certain Prior Approval applications. Draft documents can be downloaded at the bottom of the page. The application fee for Prior Approval applications is £80. Completed documents should be e-mailed to email@example.com. Applicants should be aware that the office to residential PD right is not applicable in certain parts of the borough. A map of these areas is available to download at the bottom of this page.
For the PD rights which allow larger rear household extensions, an planning completion notice is also available to download below, to assist you to submit the mandatory information required once your household extension is complete. Completed documents should be e-mailed to firstname.lastname@example.org.
Where can I find further information?
If you wish to seek further advice on these procedures, we offer a pre-application advice service.
Certain forms of extension and changes of use will require approval or notification under the building regulations. For advice on this matter please see our Building Control webpage.
Applicants are advised to check Islington's policies map to identify whether their property is in a conservation area. The new PD rights for householder extensions and retail to residential do not apply within conservation areas, and all applications in these areas would require planning permission.
Does the Community Infrastructure Levy apply to Permitted Development?
Under the Community Infrastructure Levy (CIL) Regulations 2010 (as amended), development commenced under general consent is liable to pay the Mayor of London's CIL, which is currently in operation, and will be liable to pay the Islington CIL, once this is adopted.
'General consent' includes PD rights granted under the General Permitted Development Order 1995 (as amended). If you intend to commence development under a general consent you must submit a Notice of Chargeable Development (CIL Form 5) to the local authority before you commence this development. The only exception to this requirement is if the development in question is less than 100 square metres of new floorspace and the development does not comprise one or more new dwellings.
In accordance with the CIL Regulations, CIL will not be charged on existing floorspace to be retained or demolished as a part of the development where any part of the building has been in lawful use for a continuous period of at least six months within the period of 12 months ending on the day the notice of chargeable development is submitted or served. Further details and the Notice of Chargeable Development are available on the Planning Portal website.
Please contact the Planning Policy Team at email@example.com if you require any further information or if you have any problems accessing the documents (i.e. any of the links are broken or direct to the wrong document).