NORTH WEST LEICESTERSHIRE DISTRICT COUNCIL CABINET – 18 JANUARY 2011 Title of report RETAIL SUPPLEMENTARY PLANNING DOCUMENT a) Financial (N) Key Decision b) Community (Y) Councillor Matthew Blain 07979 852069 [email protected] Director of Services 01530 45455 Contacts [email protected] Senior Planning Officer 01530 454653 [email protected] To consider the comments received to the consultation on the draft Purpose of report Retail SPD and to determine the Council’s response. Before adopting a Supplementary Planning Document it is necessary to consider all representations made in response to the draft document (Regulation 18 (4) of the Town and Country Reason for Decision Planning (Local Development)(England) Regulations 2004) as amended by the Town and Country Planning (Local Development)(England)(Amendment) Regulations 2009. Strong and Safer Communities Strategic aims Sustainable Communities Implications: Financial/Staff Allowed for within existing budgets Link to relevant CAT Place Shaping The SPD seeks to ensure that there is an appropriate balance between retail and non-retail uses in Ashby and the other local Risk Management centres. Failure to do so would affect the vitality and viability of these centres to the detriment of local communities and businesses. Equalities Impact Equalities issue are assessed as part of the Sustainability Assessment Appraisal, which accompanies the SPD Human Rights None discernible Transformational Not applicable Government Comments of Head of Paid The report is satisfactory Service Comments of Section 151 The report is satisfactory Officer Comments of Monitoring The report is satisfactory Officer A wide range of individuals and organisations in accordance with Council’s Statement of Community Involvement including Parish Councils and previously interested individuals. A full list of the consultees is appended to this report. In order to comply with Consultees Regulations 17 and 18, a Statement of Consultation and the SPD Matters were published alongside the consultation on the draft Retail SPD. The Statement of Consultation along with a summary of the consultation responses to the Draft Retail SPD are attached to this report. Survey work which is included as an Appendix that forms part of Background papers the SPD document. (I) THAT THE STATEMENT OF CONSULTATION, THE SPD MATTERS AND THE SUMMARY OF CONSULTATION RESPONSES (AS OUTLINED IN Recommendations APPENDIX A) ON THE DRAFT SPD BE NOTED (II) THAT THE SPD BE AMENDED AS OUTLINED IN THE REPORT AND; (III) THAT THE SPD BE FORMALLY ADOPTED 1.0 INTRODUCTION 1.1 The Council is frequently asked to consider planning applications for hot food take aways and over a number of years concerns have been raised by Ashby residents about the number and impact of take aways in their town. In response to this concern the Council conducted a consultation on takeaways in Ashby during October 2009 to December 2009. The results showed respondents were concerned about the number and concentration of takeaways and felt this impacted on the variety of shops in Ashby. In addition, other concerns raised by residents highlighted problems relating to litter, anti-social behaviour and inappropriate parking. 1.2 In addition to these local concerns, since the adoption of the North West Leicestershire Local Plan 2002 (Adopted 2002) there have been amendments to the Town and Country Planning (Use Classes) Order 1987 as amended by the Town and Country Planning (Use Classes)(Amendment)(England) Order 2005. The main changes were the division of the previous A3 use class into the three separate use classes of restaurant and cafes (A3), pubs and wine bars (A4) and hot food take aways (A5). It is recognised that these uses can contribute to the attractiveness of a centre as well as serve the needs of local communities. However if there is not an appropriate balance between these uses or their concentration is too high, harmful impacts can result. These changes to the Use Classes Order give local authorities greater control over their number and to minimise the potential negative impacts of the proliferation of these uses. Therefore the SPD has also been prepared in light of these changes to aid and provide guidance in the determination of planning applications. 1.3 In response to these issues, a Retail SPD has been prepared to assist in the determination of planning applications that propose either a loss of a shop use (A1) or a new take away use (A5). The SPD applies to Ashby but also the District’s Local Centres of Castle Donington, Ibstock, Measham and Kegworth. The Draft Retail SPD has been produced to provide supplementary advice to Local Plan Policies R4, R5 and R19. 1.4 The aim for the SPD is to provide supplementary information to those who wish to submit a planning application that affects retail uses and other services in Ashby and the other local centres. The draft SPD has been subject to public consultation and will therefore be a material consideration to be taken into account in determining planning applications. 2.0 THE SUPPLEMENTARY PLANNING DOCUMENT 2.1 Regulation 17 of the Town and Country Planning (Local Development) (England) Regulations 2004 states that in preparing an SPD a Consultation Statement should be drawn up. This Statement is required to set out the names of any persons whom the Authority consulted on in connection with the preparation of the SPD, how they were consulted and a summary of the main issues raised and how these issues were addressed in the SPD. The Consultation Statement is appended to this report and this satisfies Regulation 17 (1) (b). 2.2 The draft Retail SPD was initially formally published in July 2010 for a 6 week consultation period. In order to ensure that all the various legal requirements and regulations which govern SPDs were complied with the Draft SPD was re-consulted on for an additional four week period from 8th November 2010 to 8th December 2010. 2.3 The process for producing a SPD requires there to be adequate opportunity for public consultation and for proper consideration of the feedback. The consultation process was undertaken and included: - Consultation with those individuals and stakeholders on the Council’s database. - Documents made available in the Council offices in Coalville and in the district’s libraries - Press Release issued and notices published in the Derby Telegraph and the Leicester Mercury. - Consultation advertised on the Council’s website on the Planning Policy Homepage. 2.4 A Sustainability Appraisal of the draft SPD was also undertaken, which sought to identify the likely economic, environmental and social effects of the SPD and to ensure that the SPD complies, as far as possible, with the principles of sustainable development. The Sustainability Appraisal was consulted on for the same time period as the SPD via the methods detailed above. 2.5 19 responses were received as part of this consultation exercise and before formally adopting the SPD, it is necessary to consider all of these representations and to agree any changes. The responses to the draft SPD together with officer’s comments and recommendations are included at Appendix A of this report. This satisfies the requirements of Regulation 18 (4) (b). A copy of the draft SPD is available in the Member’s Room. 2.6 It should be noted that in order to comply with Regulation 17 (1) (b), it is also necessary to list all those who were consulted on the Draft SPD and how they were consulted. This information detailed within Appendix A and forms part of the Statement of Consultation. 2.7 In summary, the SPD recommends that: • Shopping uses should represent no less than 50% of all commercial uses within the defined centres of Castle Donington, Ibstock, Measham and Kegworth. • Shopping uses should represent no less than 50% of all commercial uses within the main shopping and commercial streets in the Core Shopping Area of Ashby de la Zouch. • No more than 10% of the total commercial units are to be occupied by hot food takeaway uses (A5) within the defined local centres and the main shopping and commercial streets in the Core Shopping Area of Ashby de la Zouch. • No less than 50% of commercial units are occupied by shops (A1) within the Ashby Market Street frontage • Within the Ashby Market Street frontage of Nos 67 to 89 and 76 to 108, no new additional hot food take away uses (A5) should be granted planning permission over and above those in existence or permitted at the time of the adoption of this SPD 2.8 As noted above a Sustainability Appraisal of the draft SPD was also published at the same time of the draft SPD. Only two comments were received with respect to this, which did not require any changes to be made. However, in view of the changes suggested in response to the draft SPD it was necessary for these to be reappraised. The results of this reappraisal were not considered by Officers to be significant in terms of the Sustainability Appraisal outcomes and therefore no changes were made. 2.9 Subject to Members approving the changes suggested, it is recommended that the SPD is formally adopted. Once adopted, in order to comply with Regulation 19, the Council will make available the statement of consultation, the SPD and the Adoption Statement. Appendix A Regulation 17 and 18 Statement and Summary of Responses to the Retail Supplementary Planning Document Statement of Consultation Draft Retail Supplementary Planning Document Consultation statement prepared in accordance with Regulation 17 (1) (b) of the Town and Country Planning (Local Development) (England) Regulations 2004. 1. Name of Supplementary Planning Document (SPD) Retail 2. Purpose of SPD The Retail SPD covers the centres of Ashby, Castle Donington, Ibstock, Measham and Kegworth and provides guidance on how the Council will determine planning applications for change of use applications for shops and other service uses in these centres.