Meeting documents

1 THE ISSUE

1.1 The Bath & North East Somerset Local Plan including minerals & waste policies Revised Deposit Draft 2003 (RDD) was placed on deposit for public comment on 31^st October 2003 to 11^th December 2003 for the statutory six week period. At its meeting on the 15^th July 2004 Council agreed a response to representations and approved pre-Inquiry changes to the Plan for publication and consultation for a 6 week period.

1.2 As a result of further studies relating to retail provision in the District (referred to in the report taken to Council in July) additional pre-Inquiry changes to the Local Plan are considered necessary. This report summarises the conclusions of these studies and recommends pre-Inquiry changes for publication and placing on Deposit.

1.3 In order to implement decisions made by 15^th July 2004 Council on progressing the Local Plan to the Inquiry further delegation for decisions relating to responses to representations on Pre-Inquiry Changes is sought. This should apply to any further Pre-Inquiry Changes brought to the Council.

2 RECOMMENDATION

2.1 note the conclusions and recommendations of the 2004 City and Town Centre Study and Supplementary Appraisal of Retail Opportunities;

2.2 instruct officers to publish the further pre-Inquiry changes set out in Annex 3 of this report and place them on deposit for a seven week period from 26^th November 2004 to 13^th January 2005;

2.3 approve the further pre-Inquiry changes for use for Development Control purposes;

2.4 agree that the Head of Planning Services in consultation with the Executive Member for Sustainability and the Environment is delegated to agree responses to representations on any Pre-Inquiry Changes

3 FINANCIAL IMPLICATIONS

3.1 The studies referred to in this report (2004 City & Town Centres Study; Supplementary Appraisal of Retail Opportunities) have now been largely completed. The cost of the retail studies was met equally by Planning Services (via the Local Plan budget) and Economic Development.

4 THE REPORT

4.2.1 The Revised Deposit Draft Local Plan (page 99 of the Written Statement) sets out projected requirements for additional retail floorspace for the period 2000-2006. At that time floorspace projections beyond 2006 could not be made with adequate certainty due to the difficulty of predicting longer term expenditure growth trends. A number of objectors at both the Deposit Draft and Revised Deposit Draft stages, most notably the Government Office for the South West, suggested that the Local Plan should state and seek to make provision to meet projected retail floorspace requirements for the entire Local Plan period i.e. to 2011 in line with PPG6 (Town Centres and Retail Developments) and draft PPS6 (Planning for Town Centres).

4.2.2 In order to respond to these objections Nathaniel Lichfield & Partners (NLP) were commissioned to undertake the C&TCS and Supplementary Appraisal of Opportunities. NLP have used more up to date expenditure and population data, which is now available, in order to project floorspace requirements up to 2011. Their conclusions on the need for additional retail floorspace are set out in the C&TCS (see section 4.3 below). The Supplementary Appraisal of Opportunities is an assessment of possible sites that could accommodate this additional floorspace.

4.2.3 The conclusions of these studies now need to be considered by the Executive along with pre-Inquiry changes to the Plan to address them. It is also important that these conclusions are seen in the context of the further transportation studies which need to demonstrate that this scale and type of development can be accommodated in line with the Council's transportation policy.

4.3.1 NLP have considerable expertise in retail planning and use a reputable and well respected methodology in estimating the future need for retail floorspace. The methodology used takes account of both quantitative and qualitative factors. Quantitative factors are broadly population change, expenditure growth and the financial turnover of shops. Qualitative factors relate to the range, type and quality of shops available in the District.

4.3.3 The table below summarises the conclusions of the quantitative assessment of retail floorspace need.

Comparison goods are durable goods such as clothes, shoes, electrical items etc.

Comparison floorspace projections assume that an element (20%) of expenditure will be spent in large format stores as certain types of goods (e.g. DIY products, furniture and carpets) are sold in such stores.

4.3.4 Projections of the quantitative need for additional floorspace vary according to assumptions made. In basic terms NLP have assumed that the market position of Bath and the District's towns remains broadly the same. As such the need predominantly arises from population and expenditure growth. For Bath NLP also present a lower figure which is based upon maintaining perceived over trading levels within city centre stores.

4.3.5 The provision of additional retail floorspace in the District should not be based on solely seeking to meet projected quantitative need. Qualitative issues relating to range, type and quality of retailing must also be addressed. The right type of shops need to be provided in the right location in order to ensure that the retail offer available to residents and visitors is improved complementing the existing retail economy. If this is not achieved, providing the quantity of floorspace envisaged by NLP is likely to have a detrimental impact on existing shops. Therefore, the quantity of floorspace need identified in the C&TCS should be treated as a maximum and addressing qualitative issues will influence the quantity of floorspace that can be appropriately provided.

4.3.6 In Bath there are two main qualitative issues that should be addressed. Firstly, there is a need for more medium to large sized units so that a wider variety of multiple retailers can be represented in Bath and so that retailers are able to provide their full range of goods. In addition to benefiting customers (including Bath & North East Somerset residents) such provision could also help to relieve pressure on existing units enabling independent retailers to more readily locate in prime locations. Secondly, residents in Bath are currently poorly served in terms of `bulky goods' shops. Bulky goods shops are large format stores traditionally selling products such as DIY goods, furniture and carpets. The study has shown that residents typically travel to East Bristol or Wiltshire for these types of shop.

4.3.7 The main consequences of not providing additional retail floorspace are likely to be:

• residents travelling further to meet their regular shopping needs.

• greater congestion within existing stores

• a diminishing role for Bath city centre as a regional shopping destination.

4.4 Accommodating additional retail floorspace

4.4.1 The additional retail floorspace that is needed is primarily focussed within Bath. However, some additional floorspace (particularly for comparison shopping) is needed in Keynsham and Norton-Radstock. Government guidance set out in PPG6 and draft PPS6 makes it clear that where a need for additional retail floorspace is established local planning authorities should seek to identify sites to meet this need in their Local Plan. NLP were therefore commissioned to undertake the Supplementary Appraisal of Retail Opportunities, which is an assessment of a range of potential sites that could accommodate additional retail floorspace within the city and the three towns.

4.4.2 The sites were identified and assessed in accordance with the sequential approach set out in PPG6 and draft PPS6 and amplified in the Local Plan i.e. first priority for sites within the city/town centres, followed by sites in edge of city/town centre locations, sites in district and local centres and only then sites in out-of-centre locations accessible by a variety of means of transport. As a result of the limited range of opportunities within Bath city centre shopping area, opportunities in both edge-of-centre and out-of-centre locations have been assessed. NLP have recommended which sites could be brought forward for mixed use development including a retail element.

4.4.3 Set out below is the recommended strategy for allocations and other potential opportunities to meet the need for different types of retail floorspace in the District.

`High Street' comparison retail floorspace

Bath

4.4.4 The opportunities considered to be capable of providing additional retail floorspace should be implemented on a sequential basis and should seek to work towards achieving a strategy for the City centre, rather than just adding retail and other uses on an ad-hoc basis. The development of new opportunities should reflect and reinforce existing or, in the case of Southgate, emerging character.

4.4.5 The proposed redevelopment of the Southgate centre now has the benefit of planning permission and it is anticipated that the scheme will start next year, with retail floorspace opening for trading on a phased basis between 2007 and 2009. In retail terms the scheme will provide approximately an additional 15,000m² net of floorspace, predominantly for comparison shopping. It will include a department store, two other large units for `major' users and a range of medium sized units. It is vital that this redevelopment is delivered as a first priority as it is the only significant opportunity within the central shopping area (sequentially the best location) and it will help to improve the quality of Bath's retail offer and enhance the vitality and viability of this part of the city centre.

4.4.6 Set out on a sequential basis the following opportunities are identified as being potentially capable of providing additional retail floorspace within the Plan period. The appropriateness of allocating these sites in the Local Plan is also considered. Maps identifying each of the sites are included in the NLP Appraisal of Retail Opportunities Report and are attached in Annex 1.

Sites within the central shopping area

4.4.7 This site which is currently in use as a car park and the playground of the former King Edward's school offers the potential for small scale up market fashion and speciality shops, connecting to shops on Milsom Street and Broad Street and in Shires Yard. Loss of the small car park (provides approximately 50 spaces) would probably be acceptable in parking strategy terms, although this position may change if other car parking were lost. It is anticipated that around 700 - 1,000m² net of retail floorspace could be provided on the car park, whereas any development of the former school playground might lend itself to more open `piazza' uses which respect and preserve the setting of the listed building. Improving pedestrian permeability in this part of the central shopping area would be of considerable importance.

4.4.8 Whilst redevelopment of this area could come forward before 2011 the scale of additional floorspace provided is small and in any event the site lies within the central shopping area and therefore, the existing policy framework (principally policy S.2 of the Local Plan) supports such provision. It is not considered appropriate to allocate this site. However, an allowance should be made for its potential contribution, as a `windfall' site, towards meeting projected requirements.

4.4.9 It is considered that there are no other significant opportunities that lie entirely within the central shopping area and are capable of likely delivery by 2011.

Podium/Cattlemarket

4.4.10 This site lies partly within and partly adjoining the central shopping area. A variety of uses currently occupy this site. The Podium centre accommodates shops, restaurants and the library. An hotel, with car parking decks below, adjoins the Podium centre and the former Cattlemarket site (which lies just outside the defined central shopping area) is currently used for car parking and a market. Archaeological interests are known to exist on the Cattlemarket part of the site and these will need to be assessed and satisfactorily addressed in accordance with Local Plan policy. Redevelopment could lead to additional provision of both high street comparison and convenience floorspace (see also paragraph 4.4.34 below). It would also need to make provision for a replacement library as this is an important community facility and replacement car parking. Access arrangements will need to ensure that `on-street' vehicular waiting problems are not exacerbated.

4.4.11 Currently the extent of constraints on the site is unknown and therefore, so is the scale of redevelopment and resultant additional retail floorspace provision that can be achieved. However, comprehensive redevelopment would have a number of benefits, including in retail terms the strengthening of shopping in this part of the city centre and significant improvement of links between the central shopping area and Walcot Street. It is therefore recommended that the site is allocated for comprehensive mixed use development under policy GDS.1.

4.4.12 Having assessed sites within the central shopping area application of the sequential approach means that edge-of-centre and then out-of centre sites should be considered. In accordance with PPG6 an edge-of-centre site is defined in the Local Plan as a site within easy walking distance of the primary shopping area, which dependent on topography and other factors, is about 200 - 300 metres. Given the compact nature of the central shopping area defined in the Local Plan the primary shopping areas extend to nearly its full extent. The map attached as Annex 2 illustrates the potential zone for edge-of-centre sites in Bath through definition of a 300 metres buffer around the central shopping area. Avon Street Car Park (as shown on the map attached as Annex 2) lies within an edge-of-centre location. The centre of the site is less than 100 metres from the central shopping area. In addition the entrance to Green Park station lies within 300 metres of the central shopping area.

4.4.13 In considering and promoting edge-of-centre sites the Council would effectively be planning for the growth of the city centre shopping core. Whilst the Council should seek to identify opportunities that can come forward by 2011 and therefore, will help to meet projected requirements it is more important that a longer term and sustainable strategy of city centre growth is followed. Within the context of the physical layout of the city and the constraints and opportunities that this brings the most appropriate direction for city centre growth is considered to be westwards (along the river) towards the existing (and potentially significantly enhanced) retail offer at Green Park Station.

4.4.14 Within this context the only edge-of-centre sites currently considered to be capable of progression towards delivery by 2011 are Avon Street Car Park and the Green Park Station part of the Western Riverside regeneration area.

Avon Street Car Park

4.4.15 This site, currently in use for surface and multi-storey car parking, offers the opportunity to provide comparison retail floorspace within a mixed use scheme. In order for this site to be commercially attractive and to make it function as part of the city centre shopping core links between it and the surrounding sites and uses would need to be greatly improved. In developing this site it will be important to ensure that the retail element does not harm the vitality and viability of the central shopping area. Retail provision will need to address qualitative needs and reflect the retail character emerging in this part of the city centre through the proposed redevelopment of Southgate. Further studies will be needed in order to establish the quantity and type of retail provision that should be made. In order to ensure that Southgate is redeveloped as a first priority the development of the Avon Street site would need to be phased to take place later during the plan period. This will also be necessary given the temporary loss of car parking at Southgate during its redevelopment.

4.4.16 As Avon Street currently provides significant city centre parking it is important that, in line with the Council's policy of maintaining city centre parking provision at existing levels, provision is made for replacement parking. The changes to the management of the replacement spaces, shifting them from long stay to short stay may be necessary. A range of other transportation measures, including improvements to public transport, will also be required in order to ensure that the impacts of redevelopment can be assimilated into the transportation network. Further studies will be required to ascertain the transportation measures that are necessary.

4.4.17 Given its location and the likelihood that progress will be made on delivery by 2011 it is considered that this site should be allocated in the Local Plan for mixed use development. This allocation will in itself help to facilitate progress being made. Redevelopment should include a retail content and other uses compatible with a city centre location which could include commercial leisure, offices and residential. Development requirements will need to ensure that the issues detailed above are addressed.

4.4.18 Within Western Riverside the Green Park station area (land to the east of the river) is considered to be an edge-of-centre location (see paragraph 4.4.12) and the remainder of the site is out-of-centre. In considering out-of-centre sites for retail development PPG6 states that only those which are accessible by a variety of means of transport other than the private car should be considered. Western Riverside is a major redevelopment opportunity already allocated in the Local Plan for mixed use development. Its accessibility by public transport is proposed to be significantly improved through the provision of a rapid transit link to Newbridge to the west and the city centre to the east. Studies are underway to assess the various technologies available.

4.4.19 This part edge and part out-of-centre opportunity represents the best sequentially available location for retail development after The Podium/Cattlemarket and Avon Street car park sites as it lies relatively close to the city centre with the potential for some linked trips, primarily via James Street West. Ongoing work is assessing the opportunities for improving this link through the provision of A3 and leisure uses building upon the commercial leisure scheme currently under construction on the former Kingsmead Motors site and the associated public realm improvements that have already taken place.

4.4.20 Additional comparison shopping development at Green Park station would require the relocation of the existing Sainsbury's store (see paragraph 4.4.34 below). Western Riverside Masterplanning work is addressing this and other issues associated with comparison retail development in this part of the site.

Transportation Impacts

4.4.23 The other key aspect associated with the additional retail development at Western Riverside is the highway and transportation implications. Reference is made in paragraph 4.4.18 to the proposed rapid transit link and detailed studies including modelling are currently underway to test the potential impact of the scale and mix of development on the site including the retail element. It is essential that this is reflected in the development requirements in the amended policy (see paragraph 4.4.26 below).

4.4.24 In addition to Western Riverside being the most appropriate edge/out-of-centre location for retail development in sequential terms, such development will help to ensure that the regeneration of an under-used area of land is delivered. This is a factor which may be a relevant "other material consideration" in considering retail proposals.

4.4.25 The scale of comparison retail development appropriate within Western Riverside is determined by a number of factors. These factors, which are summarised below, have been and are being addressed through the NLP study and ongoing Masterplanning work and transportation studies:

• Quantitative need for additional retail floorspace and the qualitative need for larger stores in order to broaden and strengthen Bath's retail offer

• Capacity of Western Riverside to accommodate retail space within the mix of uses

• Transportation impacts of retail provision (associated with the capacity of the infrastructure being provided) including infrastructure costs.

• Conclusion

4.4.26 It is recommended that the development requirements for Western Riverside (site B1 under policy GDS.1) are amended to refer to the provision of high street comparison retail floorspace. However, in order to protect existing city centre shops and ensure that the retail element of the regeneration scheme can be properly assimilated in to the city it must be stated that this provision should only be made if:

• 4.4.27 Implementation of the recommended allocations and potential windfall opportunity within the central shopping area would enable the quantitative need for additional comparison retail floorspace and current qualitative deficiencies in Bath to be met.

  Keynsham and Norton-Radstock

  4.4.27 The scale of the projected requirement for comparison retailing within the two towns is substantially smaller than for Bath. However, the allocation of sites to meet the requirement has still been considered in accordance with PPG6. In Keynsham, Midsomer Norton and Radstock the assessment of sites has revealed that there are opportunities within both town centres that could meet much of the projected requirement. However, there are issues relating primarily to land assembly that would need to be resolved in order for them to come forward for retail development. As such specific allocations are considered inappropriate at this time. In any event the opportunities assessed are located within the relevant town centres and therefore proposals for retail development would be supported by the existing policy framework.

  Bulky goods/large format store floorspace

  4.4.28 The projected requirement is for around 14,000 m² net of `bulky goods' retail floorspace in Bath, with a much smaller scale of requirement in Keynsham and Norton-Radstock. Given the quantity required within the towns it is considered that only opportunities need to be assessed in Bath in order to allocate sites.

  Bath

  4.4.29 As shown by the above appraisal of opportunities and taking account of the requirement of bulky goods/large format stores for large sites it is evident that such provision will need to be made on out-of-centre sites. The appraisal of opportunities shows that two potential sites could be allocated i.e. at Western Riverside and further west along the Lower Bristol Road (site B12 allocated under Policy GDS.1).

  Western Riverside

  4.4.30 In order to achieve development of the comparison retail floorspace (referred to in paragraphs 4.4.18 - 4.4.25) on the eastern part of Western Riverside it would be necessary and desirable to relocate the Homebase store further west. The Homebase store acts as a bulky goods store for which car accessibility and parking is necessary. In addition further bulky goods provision could be made on this part of Western Riverside. Improvements to transport infrastructure and public transport accessibility in conjunction with the redevelopment of Western Riverside would appear to make this the most appropriate location for it. The assessment by NLP suggests that there is capacity to accommodate up to 11,900 m² net. However, the final quantum to be accommodated requires further justification which will be addressed through Masterplanning work and further analysis of the transportation impacts. The development requirements for Western Riverside should be amended to refer to bulky goods retail floorspace provision. It is also important to ensure the transportation issues are properly assessed and addressed as referred to in paragraph 4.4.22.

  Lower Bristol Road

  4.4.31 This area (site B12 under Policy GDS.1) currently comprises a range of industrial, warehousing and other commercial premises, intermingled with vacant and derelict sites as well as other uses. The site is already allocated in the Local Plan for mixed use development to include about 75 dwellings and at least 2 ha of employment uses. There remains scope for other uses. On the basis of the conclusion that up to 11,900m² net of bulky goods floorspace can be accommodated on Western Riverside there remains an outstanding quantitative capacity for around 2,100m² net. It is recommended that the development requirements for site B12 should be amended to refer to such provision. This could potentially be accommodated on this site, either through an extension of the existing retail warehouse provision at Weston Lock Retail Park or at the eastern end of the site closer to the bulky goods retail provision now proposed at Western Riverside. The Masterplanning work will further assess both options.

  Transportation Impacts

  4.4.32 Access and parking issues would clearly need to be resolved for development in either part of this site. The traffic generation impact on the Lower Bristol Road/Windsor Bridge Road junction will require particular attention. Development would probably need to be phased to take place after transport infrastructure improvements associated with the redevelopment of Western Riverside had been implemented. The need to ensure that transport implications are adequately addressed should be set out in the development requirements.

  Convenience Retail Floorspace

  4.4.33 Assessments as part of the 2004 C&TCS showed that in both Keynsham and Norton-Radstock convenience expenditure and floorspace provision are approximately in balance and that as such only limited additional floorspace is required. Therefore, there is no need to consider making allocations in either town. In Bath there is a requirement for an additional 3,800 - 4,100 m² net of convenience floorspace.

  Bath

  4.4.34 Part of the requirement for additional convenience floorspace could be met via an extension to the Waitrose store in the Podium as part of a redevelopment scheme. In addition the allocation and redevelopment of the eastern part of Western Riverside for comparison floorspace requires the relocation of the Sainsbury's store at Green Park. Whilst this leads to the relocation of Sainsbury's to a sequentially inferior location it is justified in that it enables the provision of `city centre type' comparison retail provision in the most appropriate edge-of-centre location. In relocating there would be an opportunity to increase the store size to meet operator aspirations and also to provide additional convenience (and comparison) floorspace. Relocations and extensions are therefore likely to meet some of the projected requirement. However, at the current time it is not possible to be certain how much additional floorspace will be provided from these sources and therefore the amount of the residual requirement.

  4.4.35 Given this uncertainty it is difficult to set out a strategy for meeting convenience floorspace requirements. However, should a further medium or large foodstore be required it is evident from the assessment and recommended allocation of sites for comparison retailing that there are no additional suitable city centre or edge-of-centre sites which could be allocated. Therefore, provision on an out-of-centre site would need to be considered. In strategic terms it is clear that the southern part of the city is most poorly served for foodstores and therefore in the interests of sustainability (and promoting the `balanced communities' theme central to the Local Plan) provision should be made in south Bath. As a result of the limited supply of land within the city there are few opportunities that could be allocated. Of those opportunities assessed (St. Martin's Hospital site and Fosseway School/Hayesfield School playing fields site) neither is considered to be capable of allocation at this time. Given the conclusions of the assessment of sites and the uncertainty regarding the amount of floorspace to be provided through extensions and relocations it is recommended that the Reasoned Justification of the Plan is amended to refer to the convenience floorspace requirement and set out how this could be met. Existing policies in the Plan will be relied upon to determine any proposals that come forward.

  4.5 Recommended Retail related Pre-Inquiry Changes

  4.5.1 As a result of the above consideration of the various studies that have been undertaken it is recommended that further pre-Inquiry changes to the Local Plan are made. These are set out in Annex 3. The main areas of change required are summarised below:

  • Shopping Chapter

  • Amend table 1 to set out updated floorspace projections for the entire Local Plan period i.e. to 2011 and amend the Reasoned Justification to set the context of these projections.
  • Amend Policy S.3 which lists the redevelopment opportunities within which retail development is allocated to refer to The Podium/Cattlemarket, Avon Street Car Park, Western Riverside and Lower Bristol Road sites.
  • Amend Reasoned Justification in relation to convenience shopping floorspace requirements and provision through extensions, relocations and potentially a new store in south Bath.
  • Update and amend Reasoned Justification with respect to `High Street Comparison Shopping' and `Bulky goods provision'.

  General Development Sites Chapter

• Amend development requirements for Western Riverside, site B1 to refer to provision of comparison retail floorspace and bulky goods retail floorspace (subject to no impact on the vitality and viability of existing centres) and to ensure that transportation issues are adequately addressed.
• Amend development requirements for Lower Bristol Road, site B12 to refer to bulky goods retail floorspace provision (subject to no impact on the vitality and viability of existing centres).
• Allocate The Podium/Cattlemarket and Avon Street Car park for mixed use development under policy GDS.1 (as new sites B16 and B17)

5.0 INQUIRY PROGRAMME

For the retail related pre-Inquiry changes:

(i) Jeopardise the proper strategic planning of future shopping provision in the District and in particular the future growth of Bath city centre shopping core.

(ii) Prejudice the development of the major regeneration site at Western Riverside.

(iii) Greatest risk of Modifications Inquiry to resolve retail land supply issues probably leading to a failure to meet the government target for adoption of the plan.

For delegated authority for responding to representations on pre-Inquiry changes:

6.2.2. Allocation of additional retail capacity in Bath may affect the progress of implementation of the redevelopment Southgate. However, the proposed policy criteria will ensure that any proposals are accompanied by studies demonstrating the acceptability of the proposals in this context and that appropriate conditions and controls are imposed on matters such as types of goods and unit size.