Proposed Immediate Article 4 Direction - Change of Use from Class C3 to Class C4

September 28, 2026 Cabinet (Cabinet collective) Deleted View on council website
Full council record

Purpose

To seek Cabinet approval to make an immediate Article 4 Direction removing permitted development rights for change of use from Class C3 (dwellinghouses) to Class C4 (small Houses in Multiple Occupation) within a defined area, in response to materially changed local evidence and circumstances since Cabinet's March 2026 decision.

Decision

RESOLVED that:

  1. the making of an immediate Article 4 Direction removing permitted development rights for change of use from Class C3 to Class C4 within the defined area identified by Officers, subject to final confirmation of the Direction and statutory compliance by Legal Services be authorised.
  2. Officers to commence and undertake the required statutory notification and consultation process and to take all necessary steps to progress the Direction in accordance with the Town and Country Planning (General Permitted Development) (England) Order 2015.
  3. Delegated authority be given to the Executive Director, in consultation with the Deputy Leader and Executive Member for Housing & Planning, to make any consequential amendments to the Direction, its boundary and supporting documentation that are necessary to ensure that it is legally robust, proportionate and consistent with the evidence.

Reasons for the decision

Since Cabinet's March 2026 decision, the Council has received additional evidence which materially changes the context in which the previous decision was made. This includes disturbances in Thetford and Watton associated with asylum dispersal property procurement, evidence that the Council's views on some proposed properties have not prevented their subsequent procurement or progression, and continuing community feedback in Dereham through the Dereham Taskforce.

The Council recognises the Government's policy of reducing reliance on hotels for asylum accommodation and understands the rationale for seeking alternative accommodation. The Council's position is not that it should determine national asylum policy. Its concern is that local communities need effective mechanisms to manage cumulative land-use impacts and that the Council needs greater planning control where evidence indicates that current arrangements may be creating unacceptable impacts.

Residents have expressed concerns about:

• The erosion of established residential character

• The incremental loss of traditional family housing

• Pressures on local infrastructure

• The destabilising effect of high-turnover occupancy patterns

The Council therefore considers that the evidence and circumstances have materially changed since March 2026 and that an immediate Direction is now justified, subject to the statutory tests, consultation requirements and advice of Legal Services. The immediate approach would provide greater control over future qualifying C3 to C4 changes while the Direction is subject to the required confirmation process.

Alternative options considered

Option 1: Do not make an immediate Article 4 Direction

Retain existing permitted development arrangements. This would avoid the immediate Direction's potential compensation exposure but would leave the Council with the existing level of planning control over C3 to C4 changes and would not respond directly to the materially changed evidence and community concerns identified in this report.

Option 2 (Recommended): Make an immediate Article 4 Direction

Authorise an immediate Article 4 Direction within the defined area, subject to legal confirmation of the statutory tests and procedure, with the Direction taking effect immediately and the required consultation and confirmation process being undertaken.

Related Meeting

Cabinet - Monday, 28 September 2026 - 9.30 am on September 28, 2026

Supporting Documents

Proposed Immediate Article 4 Direction Cabinet V2 Final.pdf

Details

OutcomeDeleted
Decision date28 Sep 2026
Effective from6 Oct 2026
Subject to call-inYes