Council wins DCLG approval for Art 4 direction after initial rejection, legal threat

The move represents an about-turn by the Department for Communities and Local Government. In July the then Planning Minister, Nick Boles, cancelled Islington’s proposed direction just days before it was due to come into force.

The minister said the proposal was “unacceptably expansive and unjustified” and claimed that Islington had failed to deliver its housing targets over the 2009-2013 period.

This was disputed by the council, which claimed to have been “exceptionally successful” in this regard and threatened to launch judicial review proceedings.

Earlier this month the DCLG agreed to rescind its decision to quash the Article 4 Direction.

Planning Minister Brandon Lewis MP has now agreed to a new Article 4 that covers “the most important and intense clusters” of businesses and charities in the borough, Islington said.

The revised direction covers specific sites and areas identified by Islington as the most strategically significant office and employment locations outside the Central Activities Zone (which is already protected from permitted development rights).

The council said: “These sites have low vacancy rates for office premises compared with the rest of the borough. They are located  around King’s Cross and York Way area, Angel /Upper Street, along Holloway Road, Finsbury Park/Seven Sisters Road, Hornsey Road and Archway.”

Existing ‘prior approval’ cases would not be affected, it added.

The council's executive member for housing and development, Cllr James Murray, said: "The Government's initial decision to block us was wrong, and we were right to challenge it. I’m pleased that we have been able to have a constructive dialogue in recent weeks and reach an agreement which protects the most important clusters of businesses and charities in the borough.

“We have said from day one that the Government’s office-to-flats policy is having a detrimental effect on Islington and, in fact, right across London. The extremely high value of flats in Islington meant that small businesses and charities were being evicted – and so today’s agreement is important as it means we will be able to protect many of them.”