Meeting documents

Cabinet
Wednesday, 3rd November, 2004

Annex 3

Bath & North East Somerset Local Plan

Including Minerals & Waste Policies

Further Pre-Inquiry Changes October 2004

SECTION B: LIVING AND WORKING

Chapter B4: Sport & Recreation

LOCAL PLAN REF.

CHANGE

NO.

SOURCE OF CHANGE

CHANGE

Para B4.56 and new para B4.56A

FPIC/B/1

New information

B4.56 This reflects guidance in PPG6 `Town Centres and Retail Development' which advises that large scale commercial leisure proposals will be directed to accessible locations such as town centres. Proposals will be considered within the context of Policy SR.7 and other relevant policies in the Plan. (Note: last sentence of para B4.56 moved to B4.56A below).

B4.56A Commercial leisure facilities in Bath will be improved through the proposed scheme on the former Kingsmead Motors site on James Street West, which includes the provision of a multiplex cinema and a fitness and leisure facility. The 2004 City & Town Centres Study suggests that there is scope to further improve the range of commercial leisure facilities in Bath e.g. through the provision of a ten-pin bowling facility not currently on offer in the City. Proposals that come forward to meet this scope will be considered within the context of policy SR.7 and other relevant policies in the Plan. There may be potential to provide appropriate commercial leisure uses within the edge-of-centre Avon Street car park site allocated for mixed use development under policy GDS.1 (see also paragraph B5.32F). Such provision will be subject to demonstration of it not harming the vitality and viability of the central shopping area.

Chapter B5: Shopping

Para B5.6

FPIC/B/2

New information

Local plans should be based on up to date information. A City and Town Centres study (C&TCS) was undertaken on behalf of the Council in July 2000 and reviewed in 2004. The studyies considered the relationships between the existing centres in Bath & North East Somerset and assessed the District's retail needs.

Para B5.23

FPIC/B/3

New information

The C&TCS included a quantitative and qualitative assessment of the need for new retail floorspace in the District during the Local Plan period. The assessment took account of the needs of the wide variety of groups who shop in the District, focusing on meeting the needs of local residents as the first priority. The projected quantitative capacity for additional floorspace requirements to 2006 2011 are is set out in table 1 below.

Para B5.24

FPIC/B/4

New information

The projected capacity floorspace requirements are is detailed for convenience and comparison shops. Comparison retail floorspace is split into two categories; high street comparison and bulky goods. High street comparison floorspace relates to provision that is normally made via shops located within the existing centres. Bulky goods shops sell items such as carpets, furniture and D.I.Y. goods which often require large sites that may not be available within existing centres. Therefore, such provision may need to be made in edge or out of centre locations.

Table 1

FPIC/B/5

New information

Table 1: Projected Quantitative Capacity for Additional Retail Floorspace Requirements for Bath & North East Somerset

Approximate sales floor space

(sq.m. net)

Type 2000-2006

2004-2011

Convenience

High Street

Comparison

Bulky goods 2,100 to 2,600

4,250 to 4,550

20,800

26,000

12,000

15,100

Para B5.25

FPIC/B/6

New information

B5.25 Long term expenditure growth trends are uncertain. The retail sector is dynamic and the impact of alternative forms of trading is unclear. Internet shopping is expected to account for an increasing proportion of total expenditure. However, at this time it is not known how great this increase will be nor what impact it will have on future retail floorspace requirements. Therefore, floorspace projections beyond 2006 will need to be made in a future review of the Local Plan when greater accuracy should be possible. The Plan has not identified specific sites to meet post 2006 requirements. However, should such proposals come forward they will be considered in the context of the policies in this chapter. The projections set out in table 1 detail the quantitative capacity for additional retail floorspace over and above the floorspace gains which will result from the redevelopment of Southgate (site allocated under policies S.3 and GDS.1 which now has the benefit of planning permission), the proposed foodstore at Charlton Road, Keynsham (see policies S.3 and GDS.1) and the proposed extension of the Tesco store at Old Mills, Paulton. These projections represent maximum capacity figures and it is important that in providing additional retail floorspace qualitative considerations are taken into account in establishing the quantity that should be provided.

Para B5.25A

FPIC/B/7

New information

B5.25A The additional retail floorspace required is primarily focussed within Bath, with only small levels of provision required in Keynsham and Norton-Radstock (see table 1B below).

Table 1B

FPIC/B/8

New information

Table 1B: Distribution of Projected Additional Retail Floorspace

Type Approximate Net Sales Floorspace (m2) 2004-2011

Bath Keynsham Midsomer Norton/ Radstock

Convenience

3,800 - 4,100

100

350

High Street Comparison

Bulky Goods

23,400

14,000

1,400

600

1,200

500

Para B5.28

FPIC/B/9

New information

The convenience floorspace projections to 2006 should be principally met by the replacement of the existing Somerfield store in Southgate in Bath's central shopping area with a larger food store (up to approximately 1,500 sq.m. net) and a new medium to large food store in Keynsham town centre (up to approximately 2,000 sq.m. net). The proposed provision of additional convenience floorspace within the three sites referred to in paragraph B5.25 will help to meet the District's capacity during the Plan period. Two of these sites (Southgate and Charlton Road, Keynsham) lie within existing centres. The provision of a foodstore in Keynsham will largely meet requirements in that town up to 2011 and should help to reduce the existing high level of expenditure outflow to Bristol and increase town centre attractiveness.

Para B5.29

FPIC/B/10

New information

Both locations lie within existing centres and the provision of a food store in Keynsham should help to reduce the existing high level of expenditure outflow to Bristol and increase town centre activity and attractiveness. The quantitative capacity for additional convenience floorspace over and above that provided through the proposals referred to above arises almost entirely within Bath (as set out in table 1B). It is likely that some of the quantitative capacity will be met through relocations and extensions to existing stores e.g. relocation and potential expansion of the Sainsbury's store at Green Park (see also paragraph B5.32I). It is not possible to be certain of the amount of floorspace that could be provided from such sources; nor therefore, of the scale of the residual capacity.

Para B5.29A

FPIC/B/11

New information

Should an additional medium or large foodstore be required in order to meet the quantitative capacity in Bath an out-of-centre location may need to be considered as no city centre or edge-of-centre sites are allocated for such development. Given that the southern part of the city appears to be currently most poorly served for large food stores and that many residents need to travel through the city centre to use such a facility it is suggested that, if appropriate, provision should be made in south Bath. Such provision would also meet a qualitative deficiency. Proposals will need to ensure that the vitality and viability of existing centres is not harmed and will be considered against policy S.4.

Para B5.30

FPIC/B/12

New information

Further provision in Midsomer Norton and Radstock is not proposed as existing provision is regarded as being sufficient to substantially meet the needs of residents of the town and surrounding villages. However, projections suggest there is scope for a small level of additional convenience floorspace during the plan period and proposals to provide additional convenience shopping may come forward. and These will be considered against policies S.2 (within the town centres) and S.4 (outside the town centres).

Para B5.31

FPIC/B/13

New information

The majority of the projected requirement for high street comparison shopping floorspace to 2006 (see Table 1) should be met in Bath's central shopping area as the main destination within the District for this type of shopping. The redevelopment of the Southgate Area should provide the bulk of this additional floorspace, thereby helping The proposed redevelopment of the Southgate area, which lies within the city central shopping area, will help to meet the quantitative and qualitative need for additional high street comparison floorspace in the District in sequentially the most appropriate location. This redevelopment will help to improve the quality of Bath's retail offer and enhance the vitality and viability of this part of the City centre.

Para B5.32

FPIC/B/14

New information

In addition there may be scope for some small-scale comparison shopping provision elsewhere within the central shopping area or, if no sites are available, on the edge of the central shopping area. Other opportunities for comparison shopping provision in Keynsham, Midsomer Norton and Radstock town centres may come forward, although no sites are identified in the Plan. As shown in tables 1 and 1B there remains quantitative capacity for significant additional high street comparison floorspace in the District, predominantly within Bath. The provision of additional floorspace must also address qualitative needs. In seeking to allocate sites opportunities have been assessed on a sequential basis. The sequential approach gives preference to city and town centre sites; followed by edge-of-centre sites; sites in district and local centres; and only then out-of-centre sites that are accessible by a variety of means of transport. An edge-of-centre site is one that is within easy walking distance of the primary shopping area, which, dependent on topography and other factors, is about 200-300 metres.

(Note: last two sentences of para B5.32 above have been moved from para B5.35).

New headings and paras B5.32A - B5.32R

FPIC/B/15

New information

Bath

B5.32A The central shopping area is compact and historic in nature and therefore it contains few opportunities to provide additional retail floorspace. Following analysis it is considered that there are no sites located entirely within the central shopping area that should be allocated. It is considered that opportunities are available that could provide some additional floorspace and proposals will be considered against the provisions of policy S.2, which broadly supports the principle of retail development.

B5.32B Whilst no sites are allocated that are entirely located within the central shopping area the Podium/Cattlemarket site, which lies partly within and partly adjoining the central shopping area, is allocated for mixed use development under policy GDS.1. Redevelopment of this site could potentially provide additional high street comparison and convenience retail floorspace. It would also help to improve linkages between the central shopping area and Walcot Street.

B5.32C The site is currently occupied by a range of uses including a hotel, library, shops, restaurants and car parking. 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 policy BH.13. Redevelopment 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.

B5.32D The delivery of `windfall' opportunities within the central shopping area and the allocated Podium/Cattlemarket site will need to follow a strategy of reinforcing the existing and emerging retail offer and character of different parts of the city centre, rather than simply adding retail uses.

B5.32E Application of the sequential approach means that edge-of-centre and then out-of-centre sites, accessible by a range of transport modes, should be considered. It is important that, in planning for the growth of the city centre shopping core, a long-term strategy is followed. The physical layout of the city and the associated constraints and opportunities means that the most appropriate direction for growth is westwards towards the existing (and potentially enhanced) retail offer at Green Park Station.

B5.32F Within this context the edge-of-centre site at Avon Street car park is identified. It offers the opportunity to provide comparison retail floorspace within a mixed use scheme.

B5.32G 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 should 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.

B5.32H It will be necessary to phase the development of Avon Street car park to follow redevelopment of the sequentially preferable Southgate area, which is scheduled to open in phases between 2007 and 2009. It is vital that Avon Street continues to be available as a city centre car park whilst the Southgate area, including the Ham Gardens car park, is being redeveloped. Redevelopment of Avon Street and the associated short term loss of car parking can only take place once the replacement car park in Southgate is open. In addition proposals must not prejudice redevelopment of a wider `Bath Riverside' area which is the subject of masterplanning work. A scheme is capable of being delivered by 2011, however, as a result of the factors referred to above, completion of retail floorspace available for trading will, at the earliest, be achieved towards the end of the plan period.

B5.32I The site is allocated under policy GDS.1 for mixed use development. Appropriate uses will be those that are compatible with a city centre location and in addition to retail could, subject to the provisions of policy SR.7, include commercial leisure uses (see also paragraph B4.56A in Chapter 4: Sport and Recreation). The amount of retail floorspace which can be appropriately included within this mix will emerge through masterplanning of the `Bath Riverside' area. Policy GDS.1 sets out the development requirements which include the need to replace existing car parking provided on the site, as well as providing additional transport infrastructure to serve the new floorspace.

B5.32J Western Riverside is a major mixed use regeneration site which must be highly accessible by public transport. The eastern end of Western Riverside includes Green Park Station and the existing Sainsbury's supermarket. The entrance to the station is within 300 metres of the central shopping area reached along James Street West. The Green Park Station area, including the existing Sainsbury's site is considered to be edge-of-centre. The remainder of the Western Riverside site, west of the river, is considered to be out-of-centre.

B5.32K Western Riverside, as a part edge and part out-of-centre opportunity, to be developed on a comprehensive masterplanned basis, represents the best sequentially available location for additional retail development after the Podium/Cattlemarket site and the Avon Street car park site. It lies close to the city centre with the potential for linked trips to the central shopping area, principally via James Street West, which has been the subject of recent leisure development and public realm improvements. Additional enhancement of the public realm, which could be secured through the use of conditions, in order to provide more attractive pedestrian and cycle connections to the city centre, would, in conjunction with public transport improvements, help to increase this potential.

B5.32M Comparison shopping at Green Park station will require the relocation of the existing Sainsbury's store (see also paragraph B5.29). The provision of retail floorspace at Western Riverside will be subject to the need to ensure that it does not harm the vitality and viability of city centre shopping or other existing centres identified under policyS.1. It is envisaged that this should be achieved through the use of conditions to control the type of comparison retailing provided e.g. by restricting the range of goods sold and/or the size of units. Further studies, which will accompany development proposals, will be required to establish the acceptable retail quantity and type. This will assist in ensuring that Western Riverside remains a complementary rather than competing destination, broadening the range and quality of retailing within Bath, thereby strengthening its sub-regional position and providing more sustainable shopping opportunities for local residents.

B5.32N Western Riverside has the potential to provide a significant quantum of high street comparison retailing at its eastern end on both sides of the River Avon subject to the criteria detailed under policy GDS.1.

B5.32O The city centre shopping area has not changed significantly for about 30 years and viable retail uses play a fundamental role in helping to maintain the city's historic core. Care will therefore need to be taken to ensure that the phasing of retail provision at Western Riverside in conjunction with the planned implementation of more central proposals, does not have an unacceptable cumulative effect on the central shopping area or prejudice the planned implementation of more central proposals.

B5.32P The provision of retail floorspace at Western Riverside will help to deliver the wider regeneration benefits of redeveloping the site and this may be a material consideration relevant to the phasing of retail development.

B5.32Q Development of the allocated sites referred to above and the windfall opportunities within the central shopping area will potentially enable the quantitative and qualitative need for additional retail comparison floorspace in Bath to be met.

Keynsham, Midsomer Norton and Radstock

B5.32R The scale of the projected requirement in the towns is substantially smaller than for Bath. There are several opportunities within the defined town centres that could meet much of this requirement. However, it is not considered appropriate to allocate these sites. Proposals that come forward would be determined within the context of Policy S.2 which is supportive of retail provision in such locations.

B5.32S - B5.32U

FPIC/B/16

Re-numbering of paras as a consequence of changes above

Bulky goods provision

B5.32S (previously B5.36) Residents living within the District have a more limited choice of bulky goods shopping than for other forms of comparison retailing. There is significant diversion of expenditure to provision in Bristol and Wiltshire. Therefore, there is quantitative and qualitative scope for some bulky goods floorspace provision in the District (see Table 1).

B5.32T (previously B5.37) This provision should primarily be made in Bath, which is the largest centre of population within the District and is currently the main destination for comparison shopping. Provision would serve the needs of local residents and would reduce the number of long distance, often car borne, journeys to competing centres.

B5.32U (previously B5.38) Traditionally bulky goods shopping has been provided via retail warehouses, usually with substantial on-site car parking provision. These stores require large sites. However, the supply of land in Bath is very limited. In addition some bulky goods shops have opened in local centres within the City and therefore, the impact of retail warehouse type provision on these shops will need to be carefully considered.

Para B5.32V

FPIC/B/17

New information

B5.32V (previously B5.39) Within Bath the restricted opportunities in within and on the edge of the central shopping area mean that bulky goods provision would best be made in an edge-of-centre or if no suitable sites are available will need to be made in an out-of-centre location. Western Riverside provides the most appropriate opportunity to meet much of the quantitative and qualitative need for bulky goods floorspace. It is estimated that within a mixed use scheme Western Riverside has the scope to accommodate up to 11,900m2 net of this type of floorspace (see policies GDS.1 and S.3). In addition retailers will need to be flexible with regard to shop formats. Whilst the scope and general location for some provision has been identified no sites are allocated at this stage. A number of options require further investigation, including potential for innovative solutions within the Western Riverside general development site. In the meantime proposals for this type of shop will be considered under policy S.4.

Para B5.32W

FPIC/B/18

Consequential change arising from changes above

B5.32W Further provision should be made on the site on the Lower Bristol Road allocated under Policy GDS.1 for comprehensive mixed use development (site B12). Quantitative capacity assessments suggest around 2,100m2 net in addition to that accommodated at Western Riverside. This could potentially be delivered either as a consolidation of existing retail provision at the Weston Lock Retail Park or at the eastern end of the site closer to provision on Western Riverside. Particular attention will need to be focussed on resolving the adverse impacts of the likely significant traffic generation arising from bulky goods floorspace provision on both this site and Western Riverside.

Para B5.32X

FPIC/B/19

New information

B5.32X (previously B5.40) Should proposals for In providing bulky goods shops on these sites come forward the range and type of goods offered for sale will need to be carefully controlled in order to ensure that they do not compete directly with shops in existing centres, thereby adversely affecting their vitality and viability. This will be done through conditions imposed when granting planning permission. Furthermore, any subsequent applications for either subdividing bulky goods shop units or varying the conditions imposed will need to be tested against the sequential approach and the vitality and viability impacts set out in policy S.4.

Policy S.3

FPIC/B/20

New information

POLICY S.3

Land is allocated for retail development (use class A1) within the following redevelopment opportunity sites:

In Bath:

· Southgate Area

· The Podium/Cattlemarket

· Avon Street Car Park

· Western Riverside

· Land at Lower Bristol Road

In Keynsham:

· Land between St. John's Court and Charlton Road

Site development requirements are set out in Policy GDS.1

Heading and para B5.33A

FPIC/B/21

New information

Proposals for Retail Development outside existing centres

Projected convenience and comparison retail floorspace requirements can be met primarily within existing centres. Paragraphs B5.25 to B5.32X set out how the identified quantitative and qualitative need for retail floorspace within the District is intended to be met. This includes the need for provision on edge and out-of-centre sites, some of which are allocated. However, Other retail proposals, including large-scale development, outside existing centres may still come forward.

Para B5.34

FPIC/B/22

New information

These proposals will only be permitted if a need can be clearly demonstrated in line with PPG6, which cannot be met within the centres identified under policy S.1 or on the sites allocated under Policy S.3 and if the proposal would not adversely affect their the vitality and viability of existing centres. If need can be demonstrated proposals will be considered within the sequential framework outlined in PPG6 and amplified in paragraph B5.32.

Para B5.35A

FPIC/B/23

New information

In applying the sequential approach, the relevant centres in which to search for sites will depend on the nature and scale of the proposed development and the catchment that the development seeks to serve. If an out-of-centre site is proposed it should also be in an area that best meets an identified deficiency in provision e.g. food stores in south Bath (see paragraph B5.29B).

(Note: the last sentence of previous paragraph B5.35A above was previously the last sentence of paragraph B5.35 in the Revised Deposit Draft Plan).

Chapter B9: General Development Sites

Policy GDS.1, site B1

FPIC/B/24

New information

B1 - WESTERN RIVERSIDE - site area 35.2 ha

Development Requirements:

Comprehensive mixed use scheme including:

1. Significant provision for business development (Use class B1)

2. About 800 dwellings during the Plan period.

2A. `High street' comparison retail floorspace subject to the quantum and type:

(i) not harming the vitality and viability of any of the shopping centres defined under policy S.1; and

(ii) complementing retail provision within the shopping centres defined under policy S.1 and the sequentially preferable retail allocations in Bath listed in policy S.3; and

(iii) being appropriately phased and not prejudicing the implementation of the sequentially preferable sites; and

(iv) transport implications being adequately addressed.

2B. Up to 11,900m2 net of `bulky goods retail floorspace subject to:

(i) it not harming the vitality and viability of any of the shopping centres defined under policy S.1; and

(ii) the range and types of goods sold being limited to those that require a large format store; and

(iii) the transport implications being adequately addressed

3. High density urban form.

4. Relocation of other uses including civic amenity site/refuse transfer station, sewage pumping and storage facility, gas storage facilities.

5. Flood mitigation measures.

6. On and off site transport infrastructure including an integrated transport system linking the site to a transport interchange at Newbridge in accordance with site GDS.1/B1A and the city centre.

7. Public access to and along the riverside

8. Remediation of existing land contamination.

9. Small scale local needs shopping food and drink uses and local offices (Use Classes A1, A2 & A3).

10. No adverse impact on Bath's hot springs and their sources.

Policy GDS.1, site B12

FPIC/B/25

New information

B12 - LAND AT LOWER BRISTOL ROAD - site area 7.2 ha

Development Requirements:

Comprehensive mixed use scheme including:

1. At least 3 ha of land for business uses within Use classes B1, B2 or B8 or, if less, suitable, alternative provision made

2. About 75 dwellings.

2A. About 2,100m2 net of `bulky goods' retail floorspace subject to:

(i) it not harming the vitality and viability of any of the shopping centres defined under policy S.1; and

(ii) the range and types of goods sold being limited to those that require a large format store; and

(iii) the transport implications of retail development being adequately addressed.

3. Enhancement of the Riverside area including public access and river transport links

4. Enhancement of the Lower Bristol Road frontage to provide appropriate `gateway' to the City.

5. On and off site transport infrastructure integrating with the transport system proposed for Western Riverside under policy GDS.1 site B1.

6. Small scale local needs shopping

7. Flood mitigation measures

8. Remediation of any land contamination

Policy GDS.1, new site

FPIC/B/26

New information

B16 - THE PODIUM/CATTLEMARKET - site area 1.36 ha

Development Requirements:

Comprehensive mixed use scheme including:

1. High street comparison and convenience goods retail floorspace of at least the existing quantity; and

2. Other compatible city centre uses to include a hotel and provision for a replacement library; and

3. Enhancement of the Riverside area, including public access achieved through improvements to the Bath Riverside Walk safeguarded under policy SR.9; and

4. Assessment of the extent and significance of archaeological interests on the site and satisfactory preservation of the remains in accordance with policy BH.13; and

5. Replacement car parking of an equivalent amount to replace existing car parking; and

6. Transport infrastructure to provide an adequate transport solution, including vehicular access arrangements that minimise the likelihood of `on-street' waiting.

Amend Proposals Map, Inset 31a by adding allocated site at The Podium/Cattlemarket as shown on map 1.

Policy GDS.1, new site

FPIC/B/27

New information

B17 - AVON STREET CAR PARK - site area 0.95 ha

Development Requirements:

Comprehensive mixed use scheme including:

1. Compatible city centre uses, which could include:

a) `high street' comparison retail floorspace subject to:

(i) it not harming the vitality and viability of any of the shopping centres defined under policy S.1; and

(ii) development not commencing until the replacement car parking to be provided within the redeveloped Southgate area is available.

b) commercial leisure facilities subject to the provisions of policy SR.7

c) office and residential uses.

2. Car parking of an equivalent amount to replace existing car parking.

3. Transport infrastructure, including public transport improvements, to provide an adequate transport solution.

4. High quality pedestrian access and connections to the central shopping area and the surrounding environment.

5. Enhancement of the Riverside area including public access and river transport links

Amend Proposals Map, Inset 31a by adding allocated site at Avon Street car park as shown on map 2.