TOWN AND COUNTRY PLANNING ACT 1990 PLANNING AND COMPULSORY PURCHASE ACT 2004 SUPPORTING RETAIL STATEMENT LONGWELL GREEN REGENERATION ALDERMOOR WAY LONGWELL GREEN SOUTH GLOUCESTERSHIRE SOUTH GLOUCESTERSHIRE BS30 7DA PREPARED ON BEHALF OF WEST MIDLANDS PENSION FUND OUTLINE PLANNING APPLICATION INVOLVING DEMOLITION OF EXISTING BUILDINGS, PROVISION OF VEHICULAR AND PEDESTRIAN ACCESSES, ERECTION OF NEW BUILDINGS INCLUDING INTERNAL ESTATE ROAD, CAR PARKING, SERVICING AREAS AND INFRASTRUCTURE (ALL MATTERS OTHER THAN ‘ACCESS’ RESERVED FOR FUTURE APPROVAL) October 2020 MWA 12 The Glenmore Centre Jessop Court Marconi Drive Waterwells Business Park Quedgeley Gloucester GL2 2AP Tel: 01452 722323 Email: [email protected] Page | 1 CONTENTS Page 1.0 INTRODUCTION 1 2.0 SITE LOCATION AND DESCRIPTION AND THE PROPOSED 5 DEVELOPMENT 3.0 RELEVANT PLANNING POLICY 9 4.0 COMPLYING WITH THE SEQUENTIAL APPROACH 21 5.0 RETAIL IMPACT 37 6.0 SUMMARY AND CONCLUSIONS 48 Appendices: Appendix [1] Planning history. Appendix [2] Copy of Supreme Court decision in Tesco Stores Ltd v Dundee City Council [2012]. Appendix [3] R (on the application of Zurich Assurance Ltd T/A Threadneedle Property Investment v North Lincolnshire Council. Appendix [4] Appeal decision in Newport, Shropshire Appendix [5] Aldergate Properties Ltd v Mansfield District Council [2016] EWHC 1670 (Admin). Appendix [6] Primary Catchment Area including town centres. Appendix [7] Sequential assessment. Appendix [8] Retail impact tables: Comparison goods Appendix [9] Committed/planned investment in main centres. Appendix [10] Health check of main centres. Appendix [11] Retail impact tables: Convenience goods. 2 | P a g e 1.0 INTRODUCTION 1.1 MWA accepted an instruction from CBRE Global Investors to prepare a Supporting Retail Statement (SRS) to accompany an outline planning application which seeks the redevelopment of approximately 4.1ha of land at Emersons Green within South Gloucestershire. A draft Retail Statement was submitted to South Gloucestershire Council as part of the pre-application process undertaken on behalf of the Applicant. 1.2 In summary the retail element of the scheme comprises 6,411 sq.m1. gross of comparison goods floorspace and 2,252 sq.m. gross of convenience retail space. In total the retail space planned on the site is 9,665 sq.m. gross. The site does however, benefit from 4 lawful development certificates confirming that 3,601 sq.m. gross can be used for Class A1 retailing. 1.3 The SRS also includes as appropriate information which has been agreed between the Local Planning Authority and the applicants2 promoting alterations and extensions to The Mall at Cribbs Causeway. The planning application (No. PT14/4894/O) was called-in by the Secretary of State for Communities and Local Government on 1st March 2017 and a public inquiry was held in September 2017. As part of the inquiry process various documents were produced by the Council and the applicants including a Statement of Common Ground (July 2017) excluding retail and transportation matters. A Joint Retail Assessment (JRA) was also prepared by Lichfields on behalf of the applicants and Rapleys on behalf of South Gloucestershire Council (August 2017). We have used information within these documents where necessary on the basis that it represents the agreed position by the Council on retail and planning policy matters. 1.4 However, we are aware that the Secretary of State on 1st October 2018 refused planning permission for the development on the grounds that a sequentially preferable site was available and suitable within Bristol City Centre (Callowhill Court) and as a consequence would be likely to prejudice development of that site for retail development. 1.5 Additionally, we have also had regard to the relatively recent approval by the Council for development of land known as Site 20 at Merlin Road, Cribbs Causeway. The Council has 1 Of which 2,139 sq.m. would be provided as mezzanine space. 2 Cribbs Mall Nominee (1) Ltd, Cribbs Mall Nominee (2) Ltd, Bayliss Ltd and John Baylis Ltd. 3 | P a g e resolved to grant planning permission for a mixed-use redevelopment (App. No. PT15/5319/O) including the provision of an indoor ice rink, indoor sky diving centre and retail sports goods store (Decathlon) has been granted following a decision by the Secretary of State for Communities and Local Government not to call-in the application for his own determination. That application was also accompanied by a Second Updated Retail and Leisure Assessment (November 2016) prepared by GVA. We have as necessary cross-referred to information submitted in support of that application. 1.6 The report has been prepared in draft to enable pre-application discussion with the Council before a planning application is considered for submission. 1.7 The report is set out as follows: - Section 2 – This describes the site, surrounding area and the proposal. - Section 3 – Provides an overview of planning policy at national and local levels. - Section 4 – Planning Assessment demonstrates the acceptability of the proposal against the sequential test. - Section 5 - Outlines our approach to impact assessment. - Section 7 - Summary Conclusions which draws together the main points arising and demonstrates that the proposal should be positively determined. 4 | P a g e 2.0 SITE LOCATION AND DESCRIPTION AND THE PROPOSED DEVELOPMENT (i) Site location and description 2.1 The application site (hereafter referred to as ‘the site’) comprises Kingswood Industrial Estate and the Saville’s Freights Limited premises at Longwell Green. The site is approximately 3.8 ha in total and is accessed via Aldermoor Way. Existing uses on the site include a range of A1/B8/D2 uses. These include Tile Flair, Avondale Tiles, Multi-Save Carpets, Oakflooring Supplies and Flip Out. A summary of the main planning applications affecting the site is set out in Appendix [1]. The Council has over the years permitted a range of non-B class uses to be established including Flip Out within Unit 9K (now closed) and a gym (Majestic) within Savilles Freight Ltd. 2.2 However, the Council has also issued Lawful Development Certificates under Section 191 of the Town and Country Planning Act 1990, that Units 9A/9B, 9C, 9D and 9E can lawfully be used as shops (Class A1) without any restriction. In total these units extend to 3,601 sq.m. gross.3 2.3 Gallagher and Longwell Green Retail Parks are located immediately to the north-west of the site. Current occupiers at the retail parks include Carpetright, Homebase, Wickes, PC World, B&Q, River Island, Clinton Cards, Clarks, M&S, Next, Boots, Outfit, Carphone Warehouse, New Look and Clarks. A large Asda superstore is located to the north of the site, on Marsham Way. Lidl is also constructing a supermarket to the north on Aldermoor Lane on the former Homebase store with Smyths Toys also proposed. 2.4 Longwell Green is highly accessible for Bristol, Keynsham and Bath residents, with good road links from the A4174, A4 and A431. It also benefits from a large number of local bus services which link to all surrounding town centres. Zone Unit Floorspace Floorspace Proposed Use Units Nos. (GEA) (GIA) Class 1 A-1 to A- 3,908 3,685 Class E (d) All units 8 Class E(g)(i), (ii), (iii) Class B2 3 Unit 9A/9B - 1,496 sq.m.; 9C – 703 sq.m.; 9D – 696 sq.m.; 9E – 706 sq.m. 5 | P a g e Class B8/trade with ancillary showrooms 2 A-1 to A8 3,270 3,080 Class E (d) All units Class E(g)(i), (ii), (iii) Class B2 Class B8/trade with ancillary showrooms 3 A-1 to A- 5,851 5,575 Class E (d) All units 11 Class E(g)(i), (ii), (iii) Class B2 Class B8/trade with ancillary showrooms 4 A-1 to A3 585 520 Class E(b) All units Sui generis (takeaway) Total - 13,614 12,860 - Table 3.2 Option B (Illustrative)(Drawing No. 831 PL 2.201) Zone Unit Floorspace Floorspace Proposed Use Units Nos. (GEA) (GIA) Class 1 B-1 to 3,915 3,685 Class E(a), (c)(i), All units B.4 (ii), (iii) Class E (d) OR Class E (d) Class E(g)(i), (ii), (iii) Class B2 Class B8/trade with ancillary showrooms 2 B-1 to 3,270 3,080 Class E (d) All units B.8 Class E(g)(i), (ii), (iii) Class B2 6 | P a g e Class B8/trade with ancillary showrooms 3 B-1 to B- 5,851 5,575 Class E (d) All units 8 Class E(g)(i), (ii), (iii) Class B2 Class B8/trade with ancillary showrooms 4 B-1 to 3,705 2,208 Class E(b) Class E(b) and B.3 Sui generis sui generis for (takeaway) Units B. 1 & Class C1 B.3. Class C1 for Unit B.2 Total - 16,741 14,5484 - 4 Area at ground floor. The upper floors of the hotel would add a further 1,520 sq.m. GIA. Thus, the hotel (C1) would incorporate 1,864 sq.m. GIA. 7 | P a g e (ii) The proposed retail development 2.5 As described in the Planning Statement, the application proposes the following land uses: Table 2.1 Option A (Illustrative)(Drawing No. 831 PL 2.200) 2.6 The most likely scenario based on projected demand is that Option A will be preferred for all zones (1-4). No retail floorspace is proposed within this option. But the planning application seeks flexibility in the nature of uses permitted within each zone. 2.7 However, the site benefits from a series of LDCs which confirm that part of the site can be used for retailing as now defined in Class E(a).