The Council has decided to approve non-immediate Article 4 Directions to protect strategic employment areas from residential conversion, balancing business growth and housing development.

URL: https://cmttpublic.cheshirewestandchester.gov.uk/ieDecisionDetails.aspx?ID=2061

Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: Yes

Purpose:

Content: Cabinet considered the report of the Director of Economy and Housing which sought approval for the making of non-immediate Article 4 Directions, to remove permitted development rights for change of use from Class E (commercial, business and service class) to C3 (dwellinghouses) at Chester Business Park, part of Chester West / Sealand Industrial Estate and Gadbrook Park Northwich. The proposed areas to which the Directions related were attached at appendices 1, 2 and 3 to the report.   Members noted that the proposals were intended to protect strategically important employment areas from the continued loss of office and business space and to ensure that future changes of use were subject to full planning assessment.  This was felt necessary in areas where there was evidence of significant pressure for residential conversion and where the loss of commercial premises could have a detrimental impact on local employment opportunities, investment and economic growth.  Members further noted that the approach aimed to provide a balanced response to protecting business growth and investment whilst maintaining appropriate opportunities for housing development in suitable locations.   Councillor Christine Warner, Cabinet Member for Homes and Planning, led the discussion on the item as proposer and the item was seconded by Councillor Nathan Pardoe, Cabinet Member for Inclusive Economy, Regeneration and Digital Transformation.   Cabinet Members welcomed the report and the proposals to help the Council protect business areas and employment in a targeted and evidence-led way.  They highlighted that this was not about preventing development, but rather about giving full consideration to the wider impact of potential development.  Members thanked officers for the comprehensive report and also the public speaker for her comments and support.   DECIDED:     That    1)            the making of three non-immediate Article 4 Directions to remove the permitted development rights ordinarily allowed under Class MA, Part 3 of Schedule 2 of the GPDO 2015 (as amended by the 2019 Regulations) for “Development consisting of a change of use of a building and any land within its curtilage from a use falling within Class E (commercial, business and service) of Schedule 2 to the Use Classes Order to a use falling within Class C3 (dwellinghouses)” be approved, relating to:   ·         Chester Business Park as shown in Appendix 1 ·         Chester West / Sealand Industrial Estate as shown in Appendix 2 ·         Gadbrook Park as shown in Appendix 3   2)            the consultation and notification procedure to be carried out be noted.   Reason for Decision    1)            The making of the Article 4 Directions will enable the Council, as the Local Planning Authority (“LPA”) to use its planning powers to ensure there is an appropriate balance of uses in the defined employment areas, to support local employment opportunities and to ensure development proposals are considered in accordance with the adopted Local Plan. The adopted Local Plan (Part One) identifies the strategic importance of these areas as employment areas through policies STRAT 3 (safeguarding Chester Business Park and Chester West / Sealand Industrial Estate) and STRAT 5 (protecting Gadbrook Park for continued employment use). Residential development in these strategic employment locations could result in wholly unacceptable adverse impacts for local businesses and limit new investment opportunities. There is also the need to ensure residential development is delivered in a way that builds cohesive communities and meets the required space standards for residential development. 2)            The Article 4 Directions mean that a particular development cannot be carried out under permitted development rights and a planning application approved by the LPA would be required to make the change. An Article 4 Direction does not prohibit development but enables the Local Planning Authority to have some control over the proposed development and consider it in more detail. The recommendations are sought to ensure any future proposals for residential development in these strategic employment areas, are assessed in line with the Council’s adopted development plan.    Alternative Options   1)            An alternative option would be to take forward Article 4 Directions with immediate effect for Chester Business Park, part of Chester West / Sealand Industrial Estate or Gadbrook Park. The supporting evidence report suggest that Gadbrook Park would be the priority. The key differences being the Article 4 would come into effect immediately and the risk of compensation claims could be high. In proceeding via a non-immediate Article 4, PD will be able to continue without LPA control within the 12 month period and as such delay planning control in the defined areas. 2)            Other employment areas have been assessed through the Supporting Evidence Report (2026), but the report suggests that these sites support lower levels of employment and GVA, meaning that any potential loss of floorspace would have a more limited and have a largely non-strategic economic impact. 3)            There is an option for no change/do nothing at the present time. This is not recommended as it would not provide the ability for the LPA to effectively assess proposals against the Council’s adopted development plan. It could undermine the economic function of the strategic employment locations identified. It would also mean that the Council would not be able to manage the location, size, tenure mix or quality of new housing being produced through this form of permitted development.

Date of Decision: July 15, 2026