West Register (Property Investments) Limited New Hall Hey Retail Park, Rawtenstall Planning and Retail Statement August 2014 Ref: 2014-050 Unit 8 Ashbrook Office Park Longstone Road Heald Green M22 5LB Tel: 0845 362 8202 Fax: 0870 130 5579 [email protected] www.njlconsulting.co.uk West Register New Hall Hey Retail Park, Rawtenstall Planning and Retail Statement Prepared by: NL/AP August 2014 Ref: 2014-050 Authorised for and on behalf NJL Consulting Unit 8 Ashbrook Office Park Longstone Road Nick Lee Heald Green Director M22 5LB Tel: 0845 362 8202 This report takes into account the particular instructions and requirements of Fax: 0870 130 5579 our client. It is not intended for and should not be relied upon by any third [email protected] party. Any such party relies on this report at their own risk. www.njlconsulting.co.uk © Report copyright of NJL Consulting New Hall Hey Planning and Retail Statement Contents 1.0 Introduction .................................................................................................................................. 1 2.0 The Site And Its Surroundings .................................................................................................... 2 3.0 The Proposed Development ....................................................................................................... 4 4.0 The National Planning Policy Framework ................................................................................... 7 5.0 The Retail Context ...................................................................................................................... 9 6.0 Sequential Site Assessment ..................................................................................................... 11 7.0 Retail Impact Assessment ......................................................................................................... 15 8.0 A Sustainable Development ...................................................................................................... 31 9.0 Conclusions ............................................................................................................................... 33 Appendices Appendix 1: Compliance with Development Plan Policies Appendix 2: Compliance with Supplementary Guidance Appendix 3: Catchment Area Plan Appendix 4: Sequential Site Assessment Appendix 5: Retail Impact Assessment Tables Appendix 6: Historic Marketing Details Reference 2014-050 New Hall Hey Retail Park Planning and Retail Statement 1.0 Introduction 1.1 This Planning Retail Statement has been prepared by NJL Consulting on behalf of West (Property Investments) Limited (West Register) in support of an application to vary and remove conditions attached to planning permission ref: 2007/090 for New Hall Hey Retail Park in Rawtenstall in order to broaden the range of goods that the Retail Park can trade. 1.2 This Statement intends to summarise the nature of the site and the proposed development, its compliance with local and national planning policy, and the need for the proposals. 1.3 Also submitted in support of this application are: Transport Assessment prepared by Curtin’s. 1.4 The following drawings have also been submitted in support of the application: Site Location Plan (Drawing no: 9447 PL 04 A). Reference 2014-050 Page 1 New Hall Hey Retail Park Planning and Retail Statement 2.0 The Site And Its Surroundings The Site 2.1 The application site comprises an existing parade of retail warehouse units at New Hall Hey in Rawtenstall, known as New Hall Hey Retail Park. The parade is split into three units and the site also includes a purpose built car park to the front and HGV servicing area to the rear. The units were constructed in August 2010 and have remained vacant since this time. They comprise 3,817 sq.m gross at ground floor level. 2.2 The site is located 700m to the south west of Rawtenstall Town centre. It is bound by the A682 to the north to the south lies the New Hall Hey mixed use area. Surrounding Uses 2.3 The New Hall Hey Retail Park sits within the New Hall Hey mixed use area. To the south of the site is a public house and to the west is the New Hall Hey Business Village. Within the wider area is the New Hall Hey Business Centre and Rawtenstall train station. The Planning History 2.4 The New Hall Hey site has a complex planning history. Set out below is the planning history specifically in relation to the New Hall Hey Retail Park but it does not address the planning history for the wider site. 2.5 Planning permission for the Retail Park was obtained through planning permission ref: 2007/030 for ‘Erection of 3 retail units measuring 3358 sq.m, 1412 sq.m and 1412 sq.m’. This permission includes a number of conditions which impose controls on the range of goods that can be sold from the Retail Park: 1. Condition 3 only permits Units 1A and 2A to be used for the sale of home improvement and garden related products, furniture, floor coverings, soft furnishings, electrical products, household goods, pets, pet food and pet supplies and ancillary goods. 2. Condition 4 does not permit Unit 4A to sell clothing, other than that normally associated with DIY tasks or if sold by a catalogue retailer, or food and drink for human consumption. Reference 2014-050 Page 2 New Hall Hey Retail Park Planning and Retail Statement 2.6 The application includes a number of pre-commencement conditions and pre- occupation conditions. Reference 2014-050 Page 3 New Hall Hey Retail Park Planning and Retail Statement 3.0 The Proposed Development 3.1 This planning application seeks permission under Section 73 of the Town and Country Planning Act 1990 for the variation of the conditions attached to planning permission ref: 2007/030 so that 1,162 sq.m of the gross floorspace (Unit A1) can sell all Class A1 goods, including food, drink and clothing, along with ancillary uses. Permission is also sought to allow the remaining floorspace to be used for the sale of all non-food Class A1 goods and ancillary uses. This relates to Units A2, B and C which comprises 5,026 sq.m of floorspace. 2,655 sq.m of this is a ground floor level and 2,371 sq.m at mezzanine level. This will be achieved through the removal of Conditions 3 and 4 and their replacement with a new condition relating to goods controls. 3.2 This application also proposes to remove all pre-commencement and pre-occupation conditions from the permission, along with conditions that do not impose ongoing controls over the use of the development. This includes Conditions 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21 and 22. 3.3 The requirements set out in Conditions 21 and 22 have previously been dealt with through Section 106 Agreements and a new Section 106 Agreement will be negotiated as part of the determination process for this application. This will mean that the new permission that is issued under Section 73 of the Town and Country Planning Act 1990 will only include conditions that impose ongoing controls over the operation of the unit. 3.4 Condition 20 imposes restrictions in the maximum level of retail floorspace and a goods restriction. As the variations to Condition 3 and 4 will include floorspace restrictions and goods restrictions it is no longer necessary to include this Condition and so it requested that it is removed. Context for the Application Proposals 3.5 New Hall Hey Retail Park was constructed in August 2010 and has remained vacant since this time. It has been a casualty of the recession and the associated troubled retail market. 3.6 Permission was gained for New Hall Hey Retail Park by Hurstwood Developments in 2007. Soon after this time the recession hit and the retail market crashed. This was a difficult time for the retail market, with little investor confidence and companies contracting rather than expanding their portfolios. As a result no initial occupiers were found. Hurstwood Developments went into administration in 2008 for New Hall Hey Reference 2014-050 Page 4 New Hall Hey Retail Park Planning and Retail Statement Retail Park. KPMG, as administrators to Hurstwood, were responsible for completing the construction of the Retail Park realised in 2010. KPMG sought out occupiers for the site and several names were publicised, although no occupiers ever entered the scheme. 3.7 Retailers have been trading in difficult market conditions or the past 6 years and the retail market continues to struggle to recover. This has effected retailer acquisition decisions so that they now require a greater degree of flexibility in the range of goods that they can sell, so that they can respond to market conditions, if required. Some of the marketing details that have previously been issued by agents in 2008 and 2012 are at Appendix 6. The site has been marketed separately to these documents but details are not available due to changes in the ownership of the site. 3.8 This complex history is important context for the proposals. Firstly, it highlights the difficulties in securing occupiers for this site. The proposals to widen the range of goods that can be sold from the Retail Park will enable a wider range of occupiers to take space, which will significantly increase the potential for securing long term occupiers, at long last. 3.9 It is critically important that an anchor retailer is secured, that will act as the hook to attract other retailers. Anchor retailers often sell a wide range of goods and require the flexibility to adapt their offer to meet market demands. This triggers the requirement for a unit within the Retail Park that can sell all Class A1 goods. 3.10 Allowing the remaining floorspace within the Retail Park to sell all comparison goods, provides retailers with the flexibility required to respond to market demands and will enable the site to attract a wide range of operators. 3.11 Agents marketing the scheme on behalf of West Register have secured genuine interest from an anchor retailer and three further retailers to take space at the Retail Park. These retailers can only trade from New Hall Hey Retail Park, if the conditions associated with planning permission ref: 2007/030 are varied, as requested through this application.