Agenda item

Officers have been asked to explore the benefits and risks of making an Article 4 Direction to remove the permitted development rights to make a change of use from office to residential in Bath. The purpose of this paper is to explain the evidence, enabling a discussion of the issues and next steps.

The Divisional Director for Community Regeneration introduced this report to the Panel. He explained that this matter was at the early stage of policy development and that officers have been asked to explore the benefits and risks of making an Article 4 Direction to remove the permitted development rights to make a change of use from office to residential in Bath.

The Business Support & Development Manager gave a presentation to the Panel, a copy can be seen online as an appendix to these minutes and on the Panel’s Minute Book, a summary is set out below.

Policy Context

2013: Introduction of new Permitted Development Rights (PDR)

2011 – 2016 in Central Area:

7,000sqm of office space converted to residential

12,000sqm of office space subject to PDR consents

Placemaking Plan 2016

Proposed adjustment to Central Area office policy:

Enable 60,000sqm of new office space

Manage loss of 20,000sqm of “least suitable” space

He informed them that to assess the risk and impact of further losses of office space the Council has appointed Ortus Economic Research to undertake an analysis of the Bath Central Area.

He said that Ortus engaged Lambert Smith Hampton to provide local commercial market knowledge and advice and followed a methodology they have used elsewhere to support authorities considering Article 4 Directions as well as exemptions from the original temporary arrangements.

He explained that given that 80% of B&NES office stock is located within the Bath Central Area, this part of the City has been the focus of the assessment.  He added that the Central Area is as defined in the Core Strategy, with the addition of areas of B1 activity along the Lower Bristol Road. He added that the emerging analysis shows that as an established commercial centre B1(a) premises play an important role in Bath’s local economy; this use class accounts for a greater proportion of economic activity than any other.

Councillor Rob Appleyard asked if there were any key areas to address and what was the current view of officers.

The Divisional Director for Community Regeneration replied that he felt that the value of pursuing an Article 4 Direction should be explored.

The Group Manager for Policy & Environment added that all persons affected would have to be notified and consulted.

The Chairman asked if it were possible to immediately introduce an Article 4 Direction.

The Group Manager for Policy & Environment replied that the Council would have to assess the financial liability of making that decision.

Councillor Barry Macrae said that he welcomed the report and that he hoped the Council could mitigate any future problems.

Councillor Colin Blackburn thanked the officers for providing a good report. He asked what risks would there be in going public with a consultation period of twelve months versus an immediate implementation.

The Divisional Director for Community Regeneration replied that it was his view that starting the application process now would be worth exploring as outside of the work taking place on the Quays it was not certain where the future growth of office sites would be delivered.

Councillor Lisa O’Brien said that she would advocate an immediate implementation of an Article 4 Direction.

The Chairman said that there was a need to understand the financial risk in making a decision on this issue, but hoped officers could see from the comments made by the Panel that there is support for implementation.

The Divisional Director for Community Regeneration thanked the Panel for their comments and said that work would continue on the potential options and that he would bring a report to a future meeting of the Panel.