Article 4 Direction for Class E

Lewisham Council approved the making of a non-immediate Article 4 Direction for all Major Centres, District Centres, Local Centres and Strategic Industrial Locations (SIL), Locally Significant Industrial Sites (LSIS) and Mixed-Use Employment Locations (MEL) which removes permitted development rights for the change of use from commercial, business and service use (Use Class E) to residential use (Use Class C3), as allowed under Class MA, of Part 3, of Schedule 2 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (the GPDO 2015).

What the direction means? 

Under an Article 4 Direction, permitted development rights can be withdrawn across defined areas. This will allow the Council to properly assess the impact of any loss of Class E uses through a robust methodology and, where necessary, refuse any application that would have an adverse impact.

Why is the change happening? 

Helping to facilitate a thriving, diverse and inclusive local economy is one of the Council’s key priorities. This means growing and strengthening the local economic base, making available a wide range of job opportunities, workspaces and employment sites across the Borough. We believe the indiscriminate loss of retail, commercial, business and service floorspace to residential through permitted development would have a negative effect on our town centres and employment locations within the borough and jeopardise the Council’s ambition. 

The Mayor of London encourages the use of Article 4 Directions covering Use Class E to Use Class C3 to protect the vitality and economic viability of town centres, employment and industrial areas as well as ensure high-quality residential development is delivered. Many other London Boroughs are also working towards this.

Article 4 Direction, including a map defining the area and associated documents

Article 4 Direction Class E Mayor and Cabinet Report 

Article 4 Direction Class E Evidence Paper 

Article 4 Direction Class E Boundaries Maps 

Article 4 Class E Screening Assessment 

Making of the Article 4 Direction Class E

Notice of Making the Article 4 Direction 

Notice of Making the Article 4 Direction

We invited your comments during a representation period which ran from 30 September 2022 until Monday 5 December 2022.

However, following formal notification to the Secretary of State, The Department for Levelling Up Communities and Housing considered that the proposed Article 4 Direction does not comply with national policy. They have asked us to reconsider the coverage of the Article 4 Direction and prepare additional evidence base work to demonstrate that it applies to the smallest geographical area possible.

Subsequently, we are undertaking additional evidence base work, which takes the form of more detailed, granular assessments focused on individual streets and buildings where wholly unacceptable adverse impacts would occur due to the permitted development right. Once this work is completed, we will resubmit and reconsult on a revised Article 4 Direction, which will likely cover fewer areas than initially proposed.