Out-Law News 2 min. read
24 Mar 2016, 2:57 pm
The CAZ is "London’s vibrant centre and one of the world’s most attractive and competitive business locations" and it provides over a third of the jobs in London.
The document provides guidance on the implementation of the London Plan policies that relate to the CAZ. It said that it will ensure "that the right balance is struck in the Zone and coordinating this across the 10 boroughs which, to varying degrees, lie within it."
It "places greater emphasis on the strategic functions of the Zone relative to housing," but discusses how "significant business locations in and around the CAZ are safeguarded from national proposals to liberalise office to residential permitted development rights."
The London Plan emphasises the need for office space to remain in the zone to ensure that London has capacity to meet its business needs. Now the permitted development right (PD) to convert office space to residential space has been made permanent, it is important to ensure that the volume of office space is not eroded.
The CAZ is under an exemption which means that developers cannot currently exercise this PD right; but this exemption expires in May 2019. After which, an article 4 direction will need to be applied; this could disapply the PD rights in part of or all of the CAZ.
"The Mayor is providing strategic support for a co-ordinated approach to the introduction of Article 4 Directions by the relevant boroughs to ensure that London’s nationally and internationally significant business locations are safeguarded including the CAZ, Tech City, north of the Isle of Dogs, the Royal Borough of Kensington & Chelsea and Royal Docks Enterprise Zone."
Any other locations not listed above should only be included in Article 4 Directions where it can be "justified by local evidence." The guidance gives examples of what would be included as evidence and includes a table detailing which areas of London should be prioritised for residential or commercial development. The SPD also recommends what factors should be considered when drafting local policy that involves loss of office space or change of use.
The SPD also includes sections on managing the culture, arts and entertainment uses; environment and heritage; and transport and infrastructure within the area as well as discussing the housing capacity and need in the CAZ.
Planning expert Victoria Lindsay of Pinsent Masons, the law firm behind Out-Law.com said "This is the first time that planning policy states that homes are not appropriate in 'commercial core areas' of the City and the 'commercial core' of the north of the Isle of Dogs. Outside the core commercial areas such as the City and Docklands, the West End, Soho, Covent Garden, Marylebone and Fitzrovia policy will require offices to be given greater weight compared to housing."
"The Article 4 directions will be used to ensure that London's local authorities can continue to determine planning applications for change of use from May when the government will lift an exemption on office to residential conversions in central London without the need for planning permission," Lindsay said.