Government to allow more office-to-resi waivers if councils deliver on housing

In a letter published today from Lord Bourne of Aberystwyth, a junior minister for the Department for Communities and Local Government, he said if councils are achieving 100% of their housing delivery requirement and can demonstrate they will continue to do so if they drop the automatic granting of office-to-residential conversions, then they will be allowed to impose an Article 4 direction.

Article 4 directions are used by councils to remove permitted development rights that allow office-to-residential conversions to go ahead without having to obtain planning permission.

Councils have previously criticised the move to make office-to-residential conversions not subject to planning permission as a “free-for-all”.

Councils will still have to prove the direction is necessary to protect the well-being of an area, as under the current rules.

Under the current rules office-to-residential conversions do not need planning permission, unless an Article 4 direction is in place.

There are currently 33 councils that have made Article 4 directions. Councils are expected to keep the direction under review and cancel it if it is no longer necessary.

In his letter, Lord Bourne said: “In future, those areas that are meeting their housing requirement will be afforded greater flexibility in respect of the area to be covered in an Article 4 direction, removing the permitted development right to change from office-to-residential use.”

He added the secretary of state will “look more generously” at the area across where the direction applies and would “not seek to limit a direction”.

Councils with an Article 4 direction will also be able to charge the statutory planning application fee for any office-to-residential conversions that are submitted.