Decision details

This report recommends confirming a previously made non-immediate Article 4 Direction to restrict Permitted Development Rights (PDR) on the Change of Use from Office to Residential uses in parts of central Bath.  If confirmed, the Article 4 Direction will be effective from May 24th 2019.

The Cabinet Member agrees that Bath & North East Somerset Council confirms and brings into force the non-immediate Article 4 Direction dated 28^th February 2018, the effect of which is to withdraw Permitted Development Rights for the change of use from office (Class B1) to residential uses (Class C3) in those parts of central Bath shown in the Direction.

The evidence in the Single Member Decision (E2992) to make the Direction in 2018, and the accompanying evidence (Ortus Report) highlights the importance of the Bath office supply to the economic health and prosperity of the area and the wellbeing of its residents. Its health is integral to the Council’s objectives in the Economic Strategy as planned for in the Local Plan. The risk of potential loss of offices through PDR is significant. The implications are that this is likely to cause significant harm to the Council’s Economic Strategy as supported in the B&NES Local Plan and will inhibit the realisation of the benefits for residents.

Therefore, it is concluded that the evidence supports the introduction of an Article 4 Direction over the high and medium risk parts of the Bath Central Area Plus (BCAP). A number of authorities have prepared such measures. The BCAP area is similar to other areas for which Article 4 Directions have removed the PDRs on office to residential changes of use.

The evidence combined with the support for the Article 4 Direction among those consultees who responded, and the significant support among Property Agents operating within Bath weighs in favour of confirming the Article 4 Direction.

Two options have been considered:

a)  Confirm the Article 4 Direction;

b)  Do not confirm the Article 4 Direction, meaning that it will not come into force (in that scenario the Council might also decide to then make a further direction to cancel the original direction)

The loss of office space is undermining the Council’s objectives as expressed in the current planning policy framework. Confirming the non-immediate Article 4 Direction (option a) will address the longer-term loss of office space and thereby avoid the problems this causes.  Not confirming the Direction (option b) would demonstrably harm the wellbeing of the district.

None.