REPRESENTATIONS TO KIRLEES LOCAL PLAN

in relation to

RETAIL POLICIES

ON BEHALF OF

AEW UK

JANUARY 2016

LOCAL PLAN REPRESENTATIONS DATE ISSUED: Jan 2016 JOB REFERENCE: 1615/5283

REPORT PREPARED BY: Andrea Caplan BA (Hons) MSc MRTPI Associate Director

APPROVED BY: Louise Brooke-Smith BSc (Hons), DipTP, FRICS, MRTPI Director

Brooke Smith Planning The Cloisters 12 George Rd Edgbaston Birmingham B15 1NP

Tel: 0121 693 8900 Fax: 0121 455 6580

www.brookesmithplanning.com

This Report has been prepared by Brooke Smith Planning Consultants Ltd with all reasonable skill, care and diligence, within the terms of the Contract with the Client. The report is confidential to the Client and Brooke Smith Planning Consultants Ltd accept no responsibility of whatever nature to third parties to whom this report may be made known. No part of this document may be reproduced without the prior written approval of Brooke Smith Planning Consultants Ltd

Our Ref: 1615/5283 Representations – AEW UK

CONTENTS

1.0 INTRODUCTION Page 1

2.0 CENTRE 27 BUSINESS PARK Page 2

3.0 PLANNING HISTORY FOR THE AREA Page 7

4.0 ROLE OF BIRSTALL RETAIL PARK & ADJACENT AREA Page 10

5.0 DRAFT LOCAL PLAN POLICIES Page 15

6.0 SUMMARY & CONCLUSIONS Page 23

Appendix A - Retail Market Commentary Report Appendix B – Retail Warehouse Evidence

Our Ref: 1615/5283 Representations – AEW UK

1.0 INTRODUCTION

1.1 Brooke Smith Planning Consultants Ltd. have been instructed by AEW UK to submit representations relating to a number of issues raised in the emerging Local Plan and Site Allocations for .

1.2 This document considers the retail policies set out within the draft Kirlees Local Plan and specifically how they relate to the existing Birstall shopping and leisure area, referred to here as ‘Junction 27’. As such elements of the following policies have been considered:

- Draft Local Plan Policy DLP 13 – Town Centre Uses; - Draft Local Plan Policy DLP 14 – Shopping Frontages’ and - Draft Local Plan Policy DLP 16 – Food and Drink Uses and the Evening Economy.

1.3 Following consideration of retail policy within Kirklees; and the proposed centres hierarchy and the proposed Priority Employment Area allocation the conclusion to this report sets out AEW UK’S proposed amendments to the draft policies and preferred options for retail land and development at Junction 27.

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2.0 CENTRE 27 BUSINESS PARK AND SURROUNDING AREA

2.1 AEW UK is the freehold owner of the Centre 27 Business Park, Bankswood Way, Birstall. The extent of its land holding is shown in Figure 1.

Figure 1 – AEW UK Site Ownership

2.2 The land forms part of the wider Birstall retail, leisure and office area, Junction 27, which lies adjacent to the M62, where the M621 and A62 join the M62. This wider area is delineated in figure 2.

2.3 As can be seen, the location of Junction 27 is clearly bounded to the west and south by established industrial operations, which include a mix of B1, B2 and B8 uses. To the north, the site is bounded by the motorway. As such the retail, leisure and office land forms a distinct location, which is very much separate to the existing settlements of Birstall.

2.4 Due to its excellent location in terms of the highways network, major settlement and access to a wider catchment area, the area has proved to be extremely successful, predominately in relation to retail and leisure uses.

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Figure 2 – Birstall Retail, Leisure and Office Area

2.5 The main land uses for the Junction 27 area are set out in figure 3. This highlights the following key areas:

- Birstall Shopping Park – an area of comparison shopping units. There are currently 15 operators on site. The park accommodates a number of high street stores, selling a wide range of products such as clothes, stationary, holidays and children’s products. An M&S Food Store provides the only convenience shopping on site;

- Junction 27 Retail Park – an areas of comparison shopping units, many of which sell bulky goods. The park includes a number of furniture stores, as well as an electronics store;

- Leisure Area – adjacent to the two retail parks is an extensive area of leisure provision. This includes a number of restaurants, fast foot takeways, a fitness centre and cinema; and

- Centre 27 Business Park – a small office development lying adjacent to the leisure area.

2.6 Also included below is a full list of the current occupiers of the retail parks and leisure related units.

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Leisure / Entertainment

Birstall Shopping Park Retail

B1 Office

Junction 27 B2 / B8 Employment Retail Park

Figure 3 Centre 27 Business Park Existing Land Uses at (and adjacent Junction 27 offices)

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Table 1 - Schedule of Retail and Leisure Occupiers

Birstall Shopping Park Ikea (furniture / home furnishing) Unit 1 Toys R Us (toys) Unit 2 Sports Direct (sport wear / equipment) Unit 3 Boots (chemist) Unit 4a River Island (clothing) Unit 4b WHSmith (stationary / gifts) Unit 5 Gap (clothing) Unit 6 Evans / Burtons/Dorothy Perkins / Wallis (clothing) Unit 7 Mama & Papas (children’s clothing / equipment) Unit 8c Next and Next Home (clothing / home ware) + Costa Coffee Unit 8f Dreams (furniture) Unit 9-10 DFS (furniture) Unit 11 Argos (catalogue retailer) Unit 12 M&S Food (convenience food retailer) Pets at Home (pets equipment / food) Home Sense (Home furnishings)

Junction 27 Retail Park Unit A-B Currys / PC World (electrical / computers) Unit C Multi York (furniture) Unit C2 Betta Living (furniture) Unit D Harveys (furniture) Unit E Dream Works (furniture) Unit F Furniture Village (furniture) Unit G-H Barker and Stonehouse (furniture) Unit L SCS (furniture)

Leisure / Entertainment Unit K TGI Friday (restaurant) Unit M Pizza Express (restaurant) Bella Italian (restaurant) KFC (restaurant) Chiquito (restaurant) Frankie & Benny’s (restaurant) Krispy Kreme Doughnuts (cafe) Starbucks (cafe) MacDonald’s (café / takeaway) Pizza Hut (restaurant) Nandos (restaurant) DW Sports Store and Fitness Centre (sports equipment and gym) Showcase Cinema (cinema)

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2.7 As can be seen from the information above in, Table 1, there are a wide range of retail and leisure operators located in the area.

2.8 AEW UK’s Centre 27 Business Park, and adjoining offices, comprise underperforming office space, for which there is currently a poor market. AEW UK is extremely concerned about its ongoing viability and use.

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3.0 PLANNING HISTORY FOR THE AREA

3.1 Junction 27, as shown in Figure 3 above, is well established. There is an extensive planning history for these areas, with numerous consents being granted and which has resulted in this area becoming a very popular ‘destination’ location.

3.2 The table below sets out a selection of these consents to demonstrate the extensive retail and leisure development that has been permitted over more than 20 years.

3.3 It is noted that there is currently an application before the Council for the construction of an additional retail unit Gelderd Road, which is the only remaining empty plot in the retail and leisure area. Should consent be granted, this unit will be a Smyths Toy Store. On 14th January Council Members recommended that consent be granted subject the submission of a further parking survey to demonstrate that the parking provision is sufficient or that alternative parking arrangements are secured.

3.4 The introduction of a toy store will further enhance the retail offer at Junction 27.

Table 2 – Planning History 2015/62/93163/E adj DW Sports Gym, Gelderd Erection of non-food To be Road, Birstall, retail unit (Class A1), determined. formation of access, car parking and associated works 2015/62/90261/E 8a Birstall Retail Park, Holden installation of mezzanine Approved 8th Ing Way, Birstall, Batley, floor April 2015 WF17 9DT 2014/62/93084/E Unit L, Junction 27 Retail Erection of extension to Approved Park, Holden Ing Way, unit L to provide Class 11th Dec 2014 Birstall, Batley, WF17 9AD A3 Restaurant at ground floor, provision of mezzanine floor space for A3 use by ground floor restaurant and class A1 retail use for existing unit, along with related servicing and car parking 2013/64/90321/E Unit 3, Holden Ing way, Installation of 1 no. Approved Birstall, Batley, WF17 9DT internally illuminated 22nd March flex face box sign (Boots 2013 the Chemist) 2011/192/93288/E Next Unit 8c, Birstall Certificate of lawfulness Approved Shopping Park, Holden Ing for proposed use of part 13th Feb 2012 Way, Birstall, Batley, WF17 of floorspace within 9DT Class A1 retail unit to

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provide ancillary Class A3 cafe facility 2011/64/92640/E Unit 15, Birstall Retail Park, Erection of illuminated Approved Birstall, Batley, WF17 9DT signs (Pets at Home) 23rd Dec 2011 2011/62/90833/E1 Comet Plc, Erection of restaurant Approved Retail Park, Holden Ing Way, within Class A3 18th Aug 2011 Birstall, Batley, WF17 9AE 2011/46/92194/E Former Habitat, Spring Ram Certificate of lawfulness Approved Retail Park, Gelderd Road, for the proposed use of 25th Oct 2011 Birstall, Batley, WF17 9AE part of retail warehouse for pet care and treatment facility 2010/64/91694/E1 Unit 2, Birstall Retail Park, Erection of illuminated Approved Birstall, Batley, WF17 9DT and non-illuminated 28th July 2010 signs (Habit to Home Sense) 2009/62/91412/E1 Unit 8b, Birstall Retail Park, Installation of Approved Holden Ings Way, Birstall, replacement shop front 30th June Batley, WF17 9DT (Carphone warehouse) 2009 2008/62/90691/E1 Junction 27,Gelderd Road, erection of restaurant Approved Batley, (Nandos) 24th Apr 2008 2005/62/93322/E1 Adjacent To Sports World, installation of ATM cash 16th Sept Birstall Retail Park, Holden machine and security 2005 Ing Way, Birstall, Batley pod 2003/62/90447/E1 Ikea Store, Holden Ing Way, erection of extension to 10th June Birstall, Batley. existing retail store (use 2003 class a1), including reconfiguration of car parking, new car parking, landscaping and alterations to vehicular and pedestrian access. external alterations to existing building including re-cladding. 2002/62/92799/E1 Unit H, West Yorkshire Retail installation of new shop Approved 3rd Park, Holden Ing Way, front Oct 2002 Birstall, Batley. 99/62/91904/E1 West Yorkshire Retail Park, erection of an ATM Approved Holden Ing Way, Birstall, building 25th July 1999 Batley 99/64/90518/E1 West Yorkshire Retail Park, erection of 2 no. Approved Holden Ing Way, Birstall, illuminated retail park 19th Feb 1999 Batley. signs 98/62/91077/E1 Holden Ing Way, Off Gelderd erection of non-food Approved 5th Road, Birstall, Batley retail warehouse units Oct 1998 (class a1) and restaurant (class a3) with associated car parking and access works 98/62/90671/E1 Holden Ing Way/Gelderd erection of non-food Approved 5th Road, Birstall, Batley. retail warehouse units Oct 1998 (within class a1) with associated car parking and access works

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94/62/92060/E1 MFI Store, Unit 2/Spring Ram installation of external Approved Retail Park, Holden Ing Way, door 12th Aug 1994 Birstall, Batley (Now Unit 8 Birstall Shopping Park). 93/64/01459/E1 Comet Unit, Holden Ing Way, erection of non- Approved Birstall, Batley (Now M&S illuminated signs 21st May Food) 1993

3.5 In light of the above it is considered that since the early 1990s, Kirklees Council has enabled this location to become a strong and established retail and leisure area, as discussed in more detail below.

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4.0 ROLE OF BIRSTALL RETAIL PARK AND ADJACENT AREA

4.1 The following section considers the role of Junction 27 within Kirklees and the wider West Yorkshire area. Studies carried out by Kirklees Council, along with retail market information and a specifically commissioned retail report prepared by Pudney Shuttleworth on behalf of AEW UK, are referenced below.

Retail Capacity Study for Kirklees

4.2 It is noted that WYG Planning’s ‘Retail Capacity Study for Kirklees District’ (Feb 2014) considers the existing shopping patterns within Kirklees. The report looks at various types of retail and identifies which centres are key to their provision.

4.3 and Dewsbury, as would be expected, are both key centres and are thus identified as the two Principle Town Centres in the Kirklees area. However, the report also identifies the Birstall Shopping Park, forming part of Junction 27, as being a major destination for retail, particularly in relation to certain types of goods. These include recreational goods (eg. toys, games, bicycles, and sports goods), electrical items and furniture. In the case of recreational goods Birstall Shopping Park is identified as the most popular destination within the study area.

4.4 With regards to leisure provision, the WYG report highlights (paragraph 4.48) that, while there are multi-screen cinema facilities in Huddersfield and Holmfirth, for Dewsbury, Heckmonwike, Batley and Cleckheaton, the Showcase Cinema at Birstall is the nearest multi-screen facility. This highlights the sites importance as a leisure destination.

4.5 The study goes on to divide Kirklees into a number of zones. Zone 9 contains the centres of Batley and Birstall, along with Birstall Shopping Park. Due to the location of the Birstall Shopping Park, the area is shown to attract a significant level of comparison goods expenditure, which equates to 16.5% of the market share of comparison goods expenditure within Kirklees (paragraph 7.75).

4.6 The study highlights at paragraph 7.83 that there are three zones which attract more than four out of every ten pounds spend in tangible stores, these being Zone 1 (accommodating Huddersfield), Zone 8 (accommodating Dewsbury) and Zone 9 (accommodating Batley, Birstall and Birstall Shopping Park).

4.7 In light of the findings of the study it is considered that the retail area and associated leisure uses at Junction 27 now form a significant centre within the borough and

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that, along with retail centres in Dewsbury and Huddersfield provide the three key retail and leisure areas within the Kirklees area.

Birstall Shopping Park

Figure 4 – Location of Key Centres in Kirklees

4.8 As can be seen in the figure 4 the three centres provide good access to retail and leisure facilities within the more densely populated north-eastern area of the borough.

Kirklees Local Plan and Community Infrastructure Levy Viability Study

4.9 Kirklees Council’s ‘Local Plan and Community Infrastructure Levy Viability Study’ (October 2015) considers the retail markets within Kirklees, in relation to determining suitable community infrastructure levy charging levels for future adoption.

4.10 The report tests retail viability within a series of markets, namely:

- Town Centre; - Local Centre; - Villages; and - Out of Centre locations and specifically Birstall Retail Park (page 34).

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4.11 It goes on to comment on the Birstall Retail Park and specifically refers to it as a ‘major sub regional retail destination’ (page 36). It also comments on rental levels for retail warehousing within the borough and highlights that the Birstall Retail Park commands much higher rent levels than other town centre and out-of-town centre locations within Kirklees.

4.12 As set out in the report ‘Rents for retail warehousing have been applied at £161 psm (£15 psf), for Town Centre and Out of Centre locations, with a higher rent of £323 psm (£30 psf) applying to Birstall Retail Park, which is a major sub regional retail destination. Evidence of passing rents within the retail warehouse sector is provided at Appendix 2.4 which shows rents at Birstall Retail Park ranging from £20 to £60 per sq ft. Elsewhere there are a number of retail warehouse parks including Great Northern Retail Park Huddersfield (rents ranging from £17 to £22.50 psf), Gallagher Retail Park Huddersfield (rents averaging £15 per sq ft), Huddersfield Retail Park (rents ranging from £11 to £19 per sq ft) and Phoenix Retail Park Huddersfield (rents average £18 per sq ft).’ (page 36 an extract of Appendix 2.4 is also attached here as Appendix B).

4.13 Reflecting these higher rents and low vacancy rates, as detailed in Appendix B, it is highlighted in the report that Birstall Retail Park has a stronger covenant strength and investor demand than other sites (page 36).

4.14 All of these points further highlight the important role that the retail and leisure provision at Birstall plays in the wider market and the importance of the area to the not only the borough but also the West Yorkshire area.

Neighbouring Local Planning Authorities

4.15 Retail and leisure assessment studies carried out by neighbouring authorities have also been reviewed. Selby District Council’s Retail and Leisure Study (May 2015) makes specific reference to the Junction 27 site, highlighting it as a major concentration of retail warehousing, comprising Birstall Shopping Park, Junction 27 Shopping Park and Spring Ram Retail Park, as well as neighbouring freestanding stores including Ikea (paragraph 3.28). The report also highlights that the Centre 27 Leisure Park is further located near to the Birstall and Junction 27 Shopping Parks and encompasses a cinema and gym alongside a number of family orientated chain restaurants.

4.16 The report states that ‘the strong and varied offer in this location (c. 50,000 m2), which includes many of the main ‘high street’ retailers as well as traditional bulky goods retail park operators make this location a key out-of-centre regional shopping destination’.

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4.17 City Council’s ‘Leeds City Centre, Town and Local Centres Study’ (July 2011), makes reference to the Birstall retail and leisure area. The report highlights at paragraph 10.13 that the dominant centres within Leeds for non-bulky comparison shopping are the City Centre attracting and the White Rose. Remaining comparison shopping is undertaken at a variety of other locations, including the smaller town centres and a number of freestanding retail parks, including the Birstall retail park, together with a number of town centres outside the City, of which Harrogate is the most notable.

4.18 Moreover, Paragraph 10.14 goes on to explain that spend on bulky goods comparison shopping is dominated in Leeds by the White Rose (13%), Crown Point retail park (18%), Junction One Retail Park(10.2) and Birstall Retail Park (14%). Only small amounts of spend are directed to other locations, including the smaller town centres.

4.19 The report also refers to the Centre 27 Leisure Park at Birstall which provides a multiplex cinema serving the south west of Leeds (paragraph 5.13).

Retail Market Commentary – Pudney Shuttleworth

4.20 A report has been commissioned by AEW UK to review the general retail market and how the Birstall retail and leisure area contributes to this market. This report was prepared by retail and leisure property consultants, Pudney Shuttleworth, and is attached as Appendix A.

4.21 The report highlights the excellent transport links to the Junction 27 site, which means it has regional importance as a destination. It is also highlighted that ‘Birstall retail, shopping and leisure parks provide over 600,000 sq ft of space, making it one of the largest and leading retail & leisure destinations in the Yorkshire region, as well as the UK. According to Trevor Wood Associates “The Definitive Guide to Retail & Leisure Parks 2015”, Birstall is ranked 34th out of the top 200 retail warehouse clusters throughout the UK’ (paragraph 3.3).

4.22 Additionally, it is also stressed that the Trevor Woods Associates guide highlights that Birstall as being ranked the 4th highest retail warehouse rental being paid in the UK in 2014 (paragraph 3.8).

4.23 The report concludes that ‘Birstall continues to be one of the most successful and sought after retail locations in Yorkshire, which in turn has meant that void units are rare’ (paragraph 5.2’. ‘Even with high rental levels, Birstall is still a location many retailers seek representation, but few opportunities exist’ (paragraph 5.3).

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Summary

4.24 The above studies demonstrate the key role that the retail and leisure offer at Junction 27 has in both Kirklees borough but also the wider West Yorkshire area. As a site that has developed over more than 20 years it has attracted a wide range of town centre and bulky goods retail occupiers, as well as a broad restaurant and leisure offer. The site has developed into a key destination and a centre in its own right, complementing the existing principle Kirklees centres of Huddersfield and Dewsbury, as well as contributing to Leeds’ retail and leisure offer.

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5.0 POLICY DLP13 – TOWN CENTRE USES

5.1 Policy DLP13 ‘Town Centre Uses’ proposes that within Kirklees, main town centre uses shall be located within defined centres (principal town centres, town centres, district centres, and local centres). This is set out in part A of the draft policy.

5.2 The Policy goes on to clarify which settlements fall within the 4 identified levels and the roles and function each level has in the hierarchy. The 4 levels are set out in Table 3 below and it is noted that the town centre retail area of Birstall settlement is referred to as a ‘District Centre’.

Table 3 – Retail Hierarchy

5.3 It is recognised that this accords with the National Planning Policy Framework (NPPF). Paragraph 23 of the NPPF sets out that planning policies for retail should be positive and promote competitive town centre environments. It is also noted that, as set out in paragraph 24, local planning authorities should apply a sequential test to planning applications for main town centre uses that are not in an existing centre and are not in accordance with an up-to-date Local Plan.

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5.4 It is however stressed that the NPPF (paragraph 23) also states that local planning authorities should:

‘set policies for the consideration of proposals for main town centre uses which cannot be accommodated in or adjacent to town centres’.

5.5 This is considered of relevance when looking at areas which are not currently included in the hierarchy of centres set out in the draft Local Plan.

Proposed Alterations to Policy DLP13 and DLP14

5.6 As set out in Section 4, the role of the retail and leisure area at Junction 27 has been considered in detail. It has been demonstrated that the area provides a significant retail and leisure offer, complementing the Principal Town Centres of Huddersfield and Dewsbury.

5.7 In light of this it is requested that the area be included within the retail hierarchy set out in Policy DLP13 ‘Town Centre Uses’ and given a town centre designation, which reflects its role in the borough and West Yorkshire area. A town centre boundary is proposed around the park, as set out in Figure 5.

Figure 5 – Proposed Retail / Leisure Park Centre Allocation

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5.8 Similar to the approach set out in the Council’s CIL viability report, relating to retail assumptions and market locations (page 34), the designation could either be considered in one of two ways:

1. Included within the list of Centres in either level 1 or level 2 of the retail hierarchy; or 2. As a distinct and stand-alone ‘out-of-town’ centre and highlighted as such within the retail hierarchy.

5.9 The Junction 27 area boundary would then be included on the Local Plan map has shown in Figure 6 below.

Junction 27

Birstall (DCB2)

(TCB4)

Batley (TCB3) Heckmondwick (TCB6)

Figure 6 – Extract from Draft Local Plan Map

5.10 Based on the specific nature and role of Junction 27, it is considered more appropriate to consider the site as a distinct and stand-alone ‘out-of-town’ centre and include it as such within the retail hierarchy.

5.11 Further to Policy DLP14 ‘Shopping Frontages’ it is requested that the Junction 27 area also be included as a ‘Primary Shopping Area’, where Class A1 and other town centre uses should be focused.

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5.12 The proposed defined centre boundary at Junction 27 would also complement the proposed policy set out in Policy DLP16 ‘Food and uses and the evening economy’. This policy supports proposals for food and drink, and licensed entertainment uses, and associated proposals, provided they are located within a defined centre and would not harm any existing uses. The policy also confirms that any proposals for food and drink uses outside of defined centres will require a sequential test and impact assessment.

5.13 Junction 27 already has a significant level of restaurant provision. Of particular note are the Council’s policy team comments for the recently granted consent for a restaurant in Unit L, Holden Ing Way (ref. 2014/62/93084/E) which was approved on 11th Dec 2014. Officers set out that:

‘In terms of the new restaurant proposal, it is highlighted in the planning statement that the end user will be Zizzi, a national restaurant operator with a business model similar to that of Pizza Express requiring a location that will compete with the other restaurants that are located in the area. National restaurant operators Pizza Express and TGI Friday are currently operating at Junction 27 Retail Park with a number of other national restaurant opertaors such as Bella Italia, Chiquito, Nandos operating in close proximity. It is considered therefore that the market and locational requirements of the proposed national restaurant operator is such that units within north Kirklees town centres would not be suitable.’

5.14 These comments highlight the importance of Junction 27 as a leisure location and centre providing specific locational benefits as would be found in the Principle Centres of Huddersfield and Dewsbury.

5.15 This inclusion as a centre within the retail hierarchy would mean that new retail development within the defined centre boundary of Junction 27 would be in accordance with the sequential test and impact assessment requirements.

5.16 It is recognised that in terms of the NPPF, if proposals for such levels of retail and leisure development came forward for location at Junction 27, in the current planning policy climate, Kirklees Borough would likely resist any such applications for retail and leisure units.

5.17 However, the site has developed over the more than 20 years as a key retail and leisure destination. The significant level and variety of retail uses at the park can be seen from table 1. The area no longer provides only bulky goods retail but also has a wide offer of high street retail operators, such as Sports Direct, Next, Mamas & Papas, River Island, Wallis, Burtons, Dorothy Perkins, Evans, Boots the Chemist, Gap

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and M&S Food. As such it is maintained that it serves many of the function of a town centres and as such should be recognised as one in planning policy.

Extension of Existing Retail and Leisure Area

5.18 The proposed centre boundary set out in Figure 5 includes developed land that currently offers Class B1 accommodation, namely the Centre 27 Business Park and adjacent offices. This land has been included as it forms a logical rounding off of the retail and leisure area.

5.19 While this will involve the loss of existing offices, analysis work has been carried out to demonstrate that the existing office space is unviable and that a change of use to retail and leisure is the only practical option for ensuring the land stays in beneficial use. This analysis is set out in detail in the separate representations to Policy DLP8 and the associated Priority Employment Area B&S3 allocation. AEW UK’s representations relating to the safeguarding of employment should be considered along site these representations.

5.20 With regards to the loss of office accommodation, the representations to Policy DLP8 are summarised as follows.

5.21 Serous concerns are raised with regards to the realistic contribution that Centre 27 and the adjacent office accommodation makes, and will make in the future, to Kirklees employment needs. The following points are highlighted:

 The existing office accommodation on site does not address the needs of current occupiers, who can find better facilities in more modern office within the area;

 The low rents being secured at the Centre 27, along with short leaseholds, give very little confidence in the business park and will not enable the much needed renovation works required;

 The business park lies within the Leeds out-of-town off market and thus competes against the numerous existing business parks to the south of Leeds and close to the motorways, many of which are more modern and better located;

 A number of long term leases at Centre 27 at the site are about to come to an end. Therefore it is expected that there will be large rental voids within the business park, leading to rental deflation and large service charge liabilities and empty rates;

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 The proposed nearby traveler site is causing concerns for potential occupiers, particularly those looking for premises to rent with a long leases;

 The existing buildings at Centre 27 are experiencing some structural issues. Resolving these problems would be extremely costly and unviable, and is a further disincentive to new occupiers;

 The undeveloped land included in the allocation has failed to come forward for development even given its employment allocation first put in place in 1999. In light of this there is little possibility of it coming forward now or in the future.

5.22 In light of the above it is considered that the only viable future for the site would involve a change of use from office accommodation. The most appropriate alternative uses would be for leisure or retail, both of which would achieve significantly higher rents, produce fewer voids and would secure long terms leases for the site. Such a change of use would also provide ongoing employment for the area.

5.23 As set out in the Pudney Shuttleworth report highlights that the Centre 27 Business Park is well located to the existing retail and leisure offer in the area. It is located adjacent to a number of outlets of national restaurant chains and close to the cinema and DW Sports and Fitness facility. ‘Any development on the office park would link in well with these operators in the immediate vicinity’ (paragraph 4.8).

5.24 The implications of such a change of use have been considered in relation to the criteria set out in DLP8. In terms of compatibility with neighbouring uses, it is demonstrated that the introduction of a modest amount of additional retail and leisure floorspace in this location would be compatible with the existing similar uses at Junction 27. As such Centre 27 and the adjacent office space is proposed to be included in a town centre type allocation for the area.

Impacts of Extending Retail and Leisure Provision

5.25 The potential impacts of extending the retail and leisure provision have been considered. With regards to potential impacts on nearby centres, the closest being Birstall, Batley, Cleckheston and Heckmonwike. Of these Birstall is classified as a District Centre, with the role of providing shopping for everyday needs. The other three settlements are classified as Town Centres, which provide food shopping needs for residents across Kirklees mainly in the convenience goods sector.

5.26 It is considered that the Junction 27 retail and leisure area serves a very different function to these four centres. As such they are not in direct competition for

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occupiers and the provision of additional retail at Junction 27 will not impact on the current trading of these centres.

5.27 Looking at a wider area, the Pudney Shuttleworth report highlights a number of reasons why occupiers locate to Junction 27 and why they would be interested in the Centre 27 office site. These reasons include ‘lack of impact on existing trading locations in Leeds, Bradford, Wakefield and/or Huddersfield, thus little cannibalization of existing stores. Birstall is regarded as a regional trading location with little impact on their other stores in more specific individual urban centres’ (paragraph 4.9).

5.28 This highlights that additional retail space at Junction 27 is unlikely to result in retailers closing stores in an existing centre to relocate. New stores at Junction 27 will be predominately additional stores serving the existing visitors to the area.

5.29 As already demonstrated Junction 27 is a premier retail and leisure destination for West Yorkshire, with an extremely low void rate and high rents. In light of this, it is stressed that additional retail land between Woodhead Road and Bankwood Way would provide further choice for operators looking to open premises in the area.

5.30 While Centre 27 is not immediately adjacent to the existing main retail area at Junction 27, it is well linked, due to its location adjacent to the restaurants on Gelderd Road and the cinema complex. In this location it will be possible to provide comparatively lower rents for future retail and leisure occupiers seeking space at Junction 27. This will enable some companies, who were unable to afford the high rents of the existing retail units, to open up new premises in the area. Additionally, it will give more locational flexibility and options for existing operators at Junction 27, who may be looking for a unit with a lower rent.

5.31 As set out in the Pudney Shuttleworth report, there is already significant interest in the Centre 27 coming forward for retail and leisure uses. In particular, a number of discount operators, who would usually be unable to afford the rent of the existing Junction 27 retail area, have shown an interest in the site. The Pudney Shuttleworth report, as paragraph 4.14, sets out a number of examples of discount operators, such as Homebargains, Brantano or B&M, operating successfully alongside or close to existing significant retail or shopping parks.

5.32 In light of the above, it is stressed that extending the retail and leisure provision at Junction 27 to include Centre 27, would enhance the offer in the area by providing an element of potentially lower cost accommodation. This new accommodation would not impact on the viability and vitality of existing town centres in Kirklees, due to the sub-regional role that Junction 27 plays in the retail hierarchy.

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Our Ref: 1615/5283 Representations – AEW UK

Local Plan Alternatives

5.33 The local Plan sets out alternative policy options for both DLP13 and DLP14. With regards to Options DLP13 8.1.1, DLP13 8.1.2, DLP14 8.2.1 and DLP14 8.2.2, it is considered that none of these options would be preferable to that set out in DLP13 and DLP14, as none of the options would provide clarity when considering the location of town centre uses and would leave applicants to refer back to NPPF policies.

5.34 The way forward set out in draft policies DLP13 and DLP14 are both supported but it its stressed that Junction 27 should be included within the town centre hierarchy and considered as a Primary Shopping Area.

5.35 In relation to Policy DLP16, it is also considered that alterative Options DLP16 8.4.1 and DLP16 8.4.2 would also provide a lack of clarity in relation to locations for new food and drink uses. Defining Junction 27 as a centre would recognise the existing important role the area serves in the provision of restaurant and associated uses.

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Our Ref: 1615/5283 Representations – AEW UK

6.0 SUMMARY AND CONCLUSIONS

6.1 These representations have highlighted the key role that the Junction 27 retail and leisure area plays in both Kirklees Borough but also the wider West Yorkshire area. As a site that has developed over more than 20 years it has attracted a wide range of town centre and bulky goods retail occupiers, as well as a broad restaurant and leisure offer, including a multiplex cinema and sports complex. The site has developed into a key destination and a centre in its own right, complementing the existing principle Kirklees centres of Huddersfield and Dewsbury, as well as contributing to Leeds’ retail and leisure offer.

Proposed Alterations to Policy DLP13 and DLP14

6.2 In light of this role that Junction 27 plays in the existing retail market it is requested that the area be included within the defined centres hierarchy set out in Policy DLP13 ‘Town Centre Uses’ and given a town centre designation, which reflects its role in the borough and West Yorkshire area. A town centre boundary is proposed around the Junction 27, as set out below.

Figure XX – Proposed Retail / Leisure Park Centre Allocation

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Our Ref: 1615/5283 Representations – AEW UK

6.3 It is further considered that in relation to the area’s inclusion within the defined centres hierarchy, it is also appropriate to define this area as a Primary Shopping Area, as it currently fulfils this role within the north-east of Kirklees.

6.4 While no alterations are proposed to Policy DLP16 ‘Food and drink and the evening economy’, the importance of Junction 27 as a leisure location, including food and drink is highlighted. The centre provides specific locational benefits, as would be found in the Principle Centres of Huddersfield and Dewsbury.

6.5 As such the inclusion of Junction 27 as a centre within the retail hierarchy would mean that new retail development within the defined centre boundary of Junction 27 would be in accordance with the sequential test and impact assessment requirements of Policy DLP16.

Extension of Existing Retail and Leisure Area

6.6 As set out in this report, the proposed centre boundary for Junction 27 also includes the Centre 27 Business Park and adjacent offices. While this will involve the loss of existing offices, analysis work has been carried out to demonstrate that the existing office space is unviable and that a change of use to retail and leisure is the only practical option for ensuring the land stays in beneficial use.

6.7 It is also stressed that extending the retail and leisure provision at Junction 27 to include Centre 27, would enhance the offer in the area by providing an element of more affordable accommodation and thus enabling discount operators to open stores in the area. This new accommodation would not impact on the viability and vitality of existing town centres in Kirklees, due to the sub-regional role that Junction 27 plays in the retail hierarchy.

6.8 The proposed inclusion of this existing office space within a comprehensively defined retail and leisure area at Junction 27 would result in a clearly defined boundary for retail and leisure uses, thus removing ambiguity and allow for ongoing sustainable development in accordance with NPPF principles.

BROOKE SMITH PLANNING January 2016

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Appendix A - Retail Market Commentary Report (See separate pdf)

Appendix B - Retail Warehouse Retail Evidence (extract from ‘Local Plan and Community Infrastructure Levy Viability Study’)

The Cloisters 12 George Road Edgbaston Birmingham B15 1NP

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