Draft Black Country Plan

(13) 8 The Black Country Centres

Introduction

8.1 The unique character of the Black Country is largely defined by its network of centres. This provides the basic spatial structure for the sub-region and their importance to the Black Country's identity is reflected in Strategic Priority 9.

8.2 The purpose of the centres policies is to help secure the investment, jobs and regeneration needed to create a mature, balanced, and well-functioning network of centres where residents shop, work, live and spend their leisure time. Concentrating development in centres that are highly accessible by a variety of sustainable means of transport contributes towards planning priorities such as health and wellbeing and addressing climate change. Delivering a vital and viable network of centres will significantly contribute towards meeting the current and future service needs of Black Country residents, particularly serving future housing and employment growth, as well as providing a unique opportunity to improve the quality and experience of the built environment. As a result, centres are crucial to the delivery of Spatial Objectives 3, 4, 7, 8, 9 and 10.              

8.3 Whilst the BCP does not allocate sites in tier-one strategic centres or allocate sites for centre uses, the following centres policies set out the framework for determining proposals across the whole Black Country relating to:

a) bringing forward policies and allocations for these uses in Local Development Plans to facilitate the consolidation, diversification, enhancement, and regeneration of the Black Country's centres. Local Development Plans refer to documents that provide planning guidance such as Tier-Two Plans (e.g. AAPs SADs), SPDs, planning briefs and masterplans
b) appropriate uses: as set out in Appendix 16 for the purposes of determining planning applications, and policies and proposals in future Local Development Plans, related to BCP Policies CEN1-CEN6, "appropriate uses" include business, commercial, service and community uses and comprise:

1. Centre Uses - those uses and "sui generis" designations that should be directed to defined centres in the first instance, are subject to requirements set out in national guidance (such as the sequential test and impact assessments); local policy (particularly Policies CEN1 - CEN6), such as the floorspace thresholds for undertaking the impact assessments set out in national guidance; and Local Development Plan policies (such as frontage policies), defined as currently including:
   • 'Main Town Centre Uses'set out in NPPF Annex 2: Retail development (including warehouse clubs and factory outlet centres); leisure, entertainment and more intensive sport and recreation uses (including cinemas, restaurants, drive-through restaurants, bars and pubs, nightclubs, casinos, health and fitness centres, indoor bowling centres and bingo halls); offices; and arts, culture and tourism development (including theatres, museums, galleries and concert halls, hotels and conference facilities)
   • 'Additional Uses': those uses that are highly compatible, with the previous bullet point above, such as banks, cafes and hot food takeaways (see Appendix 16)
2. 'Complementary Uses': those uses well-placed to be provided in centres, and where proposals for such uses to serve centres will be supported, such as residential and social infrastructure (health, education and community uses) (see Appendix 16)

8.4 This chapter consists of three sections relating to: centre-wide proposals (Policy CEN1), in-centre proposals (Policies CEN2 - CEN4), and edge-of-centre and out-of-centre proposals (Policies CEN5 - CEN6).

Figure 7 - Centres Key Diagram

 

The Black Country Centres

8.5 The Black Country's centres are evolving and are subject to change in different ways as the focus shifts between retail, leisure, commercial, residential, community services, health, local facilities and further education and civic uses. It is a priority to maintain and enhance them appropriate to their scale, role, and function in order to underpin the vital role they play contributing to the economic growth, character, and identity of the Black Country. The tier-one strategic centres provide the main focus for higher order sub-regional retail, office, leisure, cultural and service activities, balanced by the network of tier-two and three town, district and local centres, providing for centre uses including meeting day-to-day needs of local communities, particularly convenience (food) shopping. However, it is recognised that the repurposing and diversification of centres need to be facilitated to ensure their vitality and viability and secure their future regeneration.

8.6 This policy sets out the overall priorities and strategy for centres. It defines the hierarchy of centres and sets out, where subject to planning control, policy requirements and linkages to other relevant policies, related to proposals for appropriate uses identified in paragraph 8.3b above, brought forward through planning applications, other BCP policies or Local Development Plans. This policy establishes that the approach to future growth identified in Policy CSP1, particularly housing and employment growth identified in Policies HOU1 and EMP1, and allocations in Chapter 13, should have their needs met by the existing network of centres, and emphasises a flexible approach to help secure the successful future of those centres (Strategic Priority 9).
 

(2) Table 7 - Black Country Hierarchy of Centres

8.7 Centres are best placed to sustainably serve their communities' needs as places to shop, work, study, spend leisure time and live. Centres therefore need to offer the best accessibility to a range of services for residents, workers and visitors, particularly by public transport, walking and cycling. The concentration of investment within centres is the basis to achieve transformation and economic growth, to make the fullest possible use of existing and future infrastructure and to deliver sustainable regeneration. Centres make crucial contributions to sustainability through helping tackle climate change (Policies CC1 – CC7), reducing the need to travel, and promoting healthy communities (Policies HW1 – HW3), well-designed public realm (Policy ENV9) and green infrastructure (such as provision of green open space) (Policy ENV8).

8.8 Appropriate usesrelated to centres are set out in para 8.3b and Appendix 16
 

Definitions of in, edge and out-of-centre locations.

8.9 Appendix 16 sets out the specific locations that are defined by each authority as being either in, edge-of or out-of-centre for various uses, to assist with applying relevant policies and national tests highlighted in Table 7, including:

a) In-centre locations for appropriate uses are those defined in Local Development Plans, such as primary shopping areas and centre boundaries, and are subject to Policies CEN2 - CEN4.
b) Edge-of-centre locations for tier-one and tier-two centres are those locations defined by national guidance, currently within 300m of in-centre locations. For retail purposes, this is a location that is well-connected to, and up to 300 metres from, the primary shopping area. For all other main town centre uses, this will be a location within 300 metres of a town centre boundary. For office development, this includes locations outside the centre but within 500 metres of a public transport interchange. Locations immediately adjoining the boundaries of Tier-Three Centres are defined as edge-of-centre.
c) Out-of-centre locations are those locations not in or on the edge of a centre. Proposals in edge and out-of-centre locations need to meet the requirements of Policies CEN5 and CEN6.
 

Use of latest available evidence

8.10 Supporting information and the assessment of proposed development, should be informed by the latest available evidence, especially related to quantitative evidence (such as capacity for relevant uses) and qualitative evidence (such as relating to the vitality and viability of centres), particularly from the Black Country Centres Study. Further information regarding evidence to inform impact assessments is set out in Policy CEN6 (paragraph 8.64). This is particularly important as current modelling suggests a lack of capacity to support future additional floorspace in centres; therefore, it is crucial to test the impact of proposals in edge or out-of-centre locations.
 

Flexibility

8.11 In addition to facilitating the short-term occupation of units for innovative uses, an appropriately flexible approach to encouraging reoccupation, reconfiguration and re-purposing of floorspace can be applied. This can include supporting hybrid uses relating to day and evening economy and material considerations such as units that has been vacant for a long period of time e.g. actively marketed for the sale of retail goods for at least six months.
 

Effective Use of Conditions

8.12 Where planning permission is granted, effective planning conditions and / or planning obligations will be required, and effective policy wording should be used, to support the regeneration strategy and minimise impacts. Conditions should address, for example, the definition of specific (sub) categories of uses that are acceptable and the types of goods and service to be sold, unit sizes and sales areas, including mezzanine floors, future sub-division of units, and opening hours, particularly for proposals in edge and out-of-centre locations (Policies CEN2 - CEN6) in order to minimise their impacts on centres.

8.13 Centres are evolving and are subject to change in different ways. Challenges facing the High Street include those from changing shopping patterns (particularly in relation to the rise of online shopping), to the closure of anchor stores run by long-standing national multiple operators, resulting in centres' viability and vitality being unduly impacted upon by, for example, evidence of high vacancy rates. Changing working patterns, including the growth of home working, means that there is uncertainty about future centres-based office activity. The increase in city living means there is the potential for new residential development being able to contribute significantly towards regeneration, particularly as a part of mixed-use development and upper floor living, as well as on redundant and vacant in-centre sites.

8.14 Therefore, future growth and investment in centres will not necessarily be led by the retail sector.

8.15 Future investment will focus on qualitative improvements and more flexibility to protect centres, rather than additional floorspace. It will be market-led and will facilitate reoccupation, reconfiguration, and re-purposing, particularly of vacant floorspace. This approach will seek to ensure that centres are well balanced, with a mix of uses performing a variety of functions. This is reflected in this Chapter's policy approach, the Strategic Centre section in Chapter 13, which will be expanded upon in Local Development Plans, and which identifies the potential for active BCA-led intervention to secure longer-terms benefits for, and growth of, centres. Maximum opportunity should be made of structural changes to centres, such as floorspace changing to other uses (particularly residential), and an increased focus for centres:

a) providing services/ non-transactional uses, including high activity-based uses such as health, education and civic facilities;
b) providing an enhanced experience, a unique sense of place and well-balanced marketing, with centres functioning as community meeting and focal points, generating footfall and facilitating alternative uses (potentially mixed uses) that function both during the day and in the evening;
c) supporting independent operators, local markets, and short-term occupation of units for innovative uses;
d) providing enhanced connectivity and visibility and digital resilience by adapting to technological change, to help create and deliver "smart" and interconnected development and associated services in centres, such as can be achieved through the provision of 5G and super-fast fibre optic broadband (full fibre to the premises - FFTTP);
e) supporting and providing local retail provision.

8.16 To support, protect and enhance provision to serve Black Country communities, a hierarchy of centres, consisting of three tiers, is identified in Table 7, which sets out the relevant policies and test thresholds contained in Policies CEN2 - CEN6 for determining proposals. This policy framework will support more detailed policies in Local Development Plans, which cover a range of different issues e.g. urban design, that are structured to reflect each centre's scale and function. Proposals relating to centres will also have to meet other relevant BCP policy requirements e.g. car parking (Policy TRAN6). Relevant Local Development Plans may adjust centre boundaries, adjust Local Centre boundaries, designate new local centres, or remove existing local centres from the hierarchy (see paragraph 8.40).

8.17 The priority is for future growth in the Black Country, especially growth identified in BCP housing and employment allocations, to be served by the existing network of centres to ensure their future vitality and viability and secure future regeneration as emphasised in Policy CSP1. Proposals under Policy EMP2, EMP3 and HOU2 will also have to meet the relevant policy requirements, particularly of Policy CEN5.
 

Evidence

• Black Country Centres Study Main Report (March 2020) and Update (August 2021) (Lambert Smith Hampton)
   

Delivery

• Development Management through the determination of planning applications; Local Development Plans; Black Country Local Authority projects; and sub-regional, regional, and national schemes and funding mechanisms
   

Issues & Options Consultation

8.18 Most centres have been identified and the existing hierarchy of centres is working. There was the view that the policies were over prescriptive on uses allowed in these locations. The option to have a prescriptive policy approach would risk losing future investment, jobs and regeneration, or the option maximising flexibility, would not give a sufficient policy steer to secure future vitality and viability of centres by facilitating a well-balanced mix of uses. The new proposed policy joins BCCS Policies CEN1 and CEN2 into a flexible but robust policy, that sets out a clear framework for further detail to be provided in other BCP policies and Local Development Plans.

8.19 There was the suggestion that Hardwick should be put forward as a new local centre, and that Merry Hill needed to be considered as an out-of-centre location as it bears few of the characteristics of a town centre and clearly functions as a separate entity from Brierley Hill centre. The designation of Brierley Hill (which includes Merry Hill) as a Strategic Centre came forward through extensive regional planning work and in the adopted Black Country Core Strategy. The adopted Brierley Hill AAP provides specific local policies to facilitate the functioning of Brierley Hill as a Strategic Centre. There is no substantive evidence to justify altering tier-one and tier-two centres in the hierarchy.

8.20 Regarding possible adjustments to Tier Three Local Centres, this would be best placed to come forward through Local Development Plans, with the potential scope of evidence to inform this process being set out in paragraph 8.40.
 

In-Centre Proposals (Policies CEN2-4)

8.21 In-centre locations for appropriate uses are those defined in Local Development Plans, such as primary shopping areas and centre boundaries and are set out in Appendix 16.
 

Tier One: Strategic Centres

8.22 The four strategic centres of Brierley Hill, Walsall, West Bromwich, and Wolverhampton play a crucial role as key foci for the Black Country's economy. This policy sets out the approach and priorities for Strategic Centres in promoting appropriate levels of diversification and flexibility so that investment and regeneration can be maximised and will contribute to meeting priorities such as sustainability, tackling climate change and improving well-being and health. Whilst the BCP does not provide site allocations for strategic centres, further information about each strategic centre is provided in Chapter 13 and specific policies bespoke to each strategic centre and site allocations will be covered by Local Development Plans.
 

 

Justification

8.23 The Centres Study is informed by a Household Survey that identifies changes in shopping patterns, especially the continued growth of online shopping, and health-checks are identifying that strategic centres are facing a number of challenges – particularly in relation to relatively high vacancy rates. The commercial market across all sectors, but particularly affecting the traditional High Street, has materially evolved and changed. A more pragmatic and flexible approach needs to be undertaken in addressing the future growth of the Strategic Centres, which does not necessarily place sole emphasis on the retail sector. Rather, this approach allows for greater emphasis on services, communal or civic uses, and incorporates qualitative enhancements to the existing provision. It also supports a mix of uses in relation to new development including consideration for different types, including 'concurrent', 'meanwhile' and 'co-operative' uses of units. This means it is essential to provide appropriate flexibility to enable strategic centres to diversify and be re-purposed to ensure their future vitality and viability is maintained and enhanced. This includes prioritising high-quality public realm including, for example, provision of high-quality open space, green infrastructure, pedestrian and cycle networks and electric vehicle charging points (Policies CSP4, HW1 – HW3, TRAN5 and TRAN8, ENV8).

8.24 Current evidence shows there is no capacity to support additional retail, leisure, and office floorspace; it would not therefore be appropriate to include specific formal targets for different uses in policy. Planning decisions, such as applications and Local Development Plan allocations should be informed by the latest available evidence, and the Black Country authorities will seek to re-model capacity, particularly for retail, periodically in the future. The emphasis therefore is on the consolidation of core areas as opposed to expansion or identifying larger comprehensive development at in-centre or edge-of-centre sites, with any future potential for new floorspace likely to be met through infill development, reuse / reconfiguration of vacant units, change of use applications and/or extensions to existing stores, as emphasised in Policy CEN1 point 7 and Chapter 13. Local Development Plans provide more detailed, locally focused policies, such as protected frontages policy, and future allocations will be informed by the latest available evidence, particularly regarding capacity (see paragraph 8.10).

8.25 It is important that commercial and public leisure provision, particularly of a large scale, is focussed in Strategic Centres, to support their balanced functioning, encourage linked trips, enhance the evening economy, and diversify the experiential nature of centres. There is a priority for new cinema provision in Wolverhampton City Centre.

8.26 Changing working patterns, including an increase in agile and flexible working, means that future office environments are likely to be configured differently. Future office provision is likely to be predominantly market-led. Strategic centres are important places of work, with office workers making a positive contribution towards ensuring the vitality and viability of centres. The latest evidence (see paragraph 8.10) regarding office capacity will help inform planning decisions, and Local Development Plans can provide a more detailed steer. This could include identifying a portfolio of potential office sites, particularly as part of a mix of uses, including requiring a minimum 'reservoir' of office floorspace is maintained to ensure that sites are available for office development when demand emerges whilst ensuring other appropriate uses can also come forward.

8.27 City living and residential development in centres is likely to be a growth area over the plan period and will make a positive contribution to regeneration, particularly as a part of mixed-use development and upper floor living. Residential provision should therefore be maximised, to facilitate strategic centres as important places to live, supporting a resident population and local service provision. Identified residential capacity for each strategic centre is contained in Chapter 13 and will inform planning decisions and residential allocations being identified Local Development Plans.

8.28 The priority is for future growth in the Black Country, especially growth identified in BCP housing and employment allocations, to be served by the existing network of centres, providing the opportunity to support the network of Strategic Centres (Policy CEN1, paragraph 8.17). The fragility of centres with challenges to ensuring their vitality and viability means it's important to have robust tests for new proposals within 300m of a relevant boundary (see paragraph 8.9), as set out in Policies CEN1 point 4, Table 7 and CEN5 and CEN6.

8.29 It is recognised that individual Strategic Centres have their own vehicle parking regimes and approaches to parking, both within, and outside, the influence of the planning system. Nevertheless, a common approach going forward is required in order to ensure and enhance sustainability and encourage a modal shift in transport towards public transport, cycling and walking, as well as reducing the need to travel. This can help to be achieved by ensuring relevant in-centre and edge-of-centre development contributes to facilitating this objective, as well as by helping manage the demand for, and seeking an appropriate degree of parity between, car parking provision in Strategic Centres.

8.30 The strategic centre boundaries identified in the Proposals Map (see Chapter 13) are used for the purposes of determining what is in and out-of-scope in terms of BCP allocations, and do not necessarily reflect a boundary in policy terms. Relevant strategic centre boundaries are contained in and may be adjusted by Local Development Plans (see CEN1 paragraph 8.16).
 

Tier Two Centres

8.31 The Black Country's tier two centres, as identified in Policy CEN1 Table 7, consist of Walsall's district centres and Dudley, Sandwell, and Wolverhampton's town centres. They are a distinctive and valued part of the Black Country's character. This network of centres will help to meet needs in the most accessible and sustainable way. This policy supports the important local function provided by Tier Two Centres, particularly convenience retail provision, and their future diversification and regeneration of town centres.
 

 

Justification

8.32 The Black Country's network of tier two centres performs an important role. In particular, the food (convenience) shopping function will be protected and supported especially as these uses help anchor the retail offer of the whole centre, encourage linked trips, and thereby help ensure the vitality and viability of centres.

8.33 The Centres Study health checks identify little capacity for these centres to support additional retail floorspace. The priority is for future growth in the Black Country, especially growth identified in BCP housing and employment allocations, to be served by the existing network of centres, providing the opportunity to support the network of tier two centres (as set out in Policy CEN1 and paragraph 8.17).

8.34 There is therefore a need for strategic interventions to enable centres to diversify further to ensure their future vitality and viability. This policy provides a framework to be supported by more detailed bespoke plans and projects that reflect the distinctiveness of tier-two centres, such as the heritage and education focus of Dudley Town Centre, the civic function of Oldbury, the role of the markets at Bilston, and the importance of independent shops in Willenhall. These can take the form of Local Development Plans (where centre boundaries can be adjusted if necessary), plus funding initiatives such as the Future High Street Fund.

8.35 Edge and / or out-of-centre proposals (as defined in paragraph 8.9) have to meet the relevant requirements of Policies CEN5 and CEN6 in order to protect centres from impacts of any inappropriate edge or out-of-centre proposals and ensure their vitality and viability. Local Development Plans provide more detailed, locally focused policies, such as protected frontages policy and may adjust relevant tier-two centre boundaries.
 

Evidence

• Black Country Centres Study Main Report (March 2020) and Update (August 2021) (Lambert Smith Hampton)
   

Delivery

• Development Management through the determination of planning applications; Local Development Plans; Black Country Local Authority projects; and sub-regional, regional, and national schemes and funding mechanisms
   

Issues & Options Consultation

8.36 Feedback included that the policy should be flexible with uses in centres to allow for changes in shopping patterns and encouraging the greening of centres, including multifunctional green infrastructure such as provision of trees. Rather than adopt the option of the centres policies being silent on this, as BCP environment policies encourage green infrastructure, Policy CEN1 emphasises the importance of such provision in all centres and provides a policy cross-reference. CEN3 seeks to encourage a diverse mix of uses in the centres and extending/ refurbishing existing stores would be supported. The Centres Study identifies little capacity to support additional floorspace in these centres, so emphasis is placed on consolidation and diversification to ensure their future viability and vitality.
 

Tier Three Centres

8.37 The Black Country's tier-three centres, as identified in Policy CEN1 Table 7, consist of Walsall's local centres and Dudley, Sandwell, and Wolverhampton's district and local centres. This policy protects and supports the large network of centres that provide day-to-day convenience shopping and local service needs.
 

 

Justification

8.38 The network of tier three centres is crucial to serving the local needs of the Black Country's existing and future communities in the most sustainable way. Existing centres are dependent on smaller supermarkets and / or convenience stores to anchor their retail offer.

8.39 The priority is for future growth in the Black Country, especially growth identified in BCP housing and employment allocations, to be served by the existing network of centres, providing the opportunity to support the network of tier three centres (Policy CEN1, paragraph 8.17). Edge-of-centre (where proposals do not directly adjoin a centre boundary – paragraph 8.9) and out-of-centre proposals have to meet the relevant requirements of Policies CEN5 and CEN6 in order to protect centres from the impacts of any inappropriate edge or out-of-centre proposals and ensure their vitality and viability.

8.40 Local Development Plans provide more detailed, locally focused policies, such as protected frontages policy. Local Development Plans may adjust local centre boundaries, designate new local centres, or remove local centres from the network and hierarchy. New local centres identified in this way would become part of the network of tier-three centres in the hierarchy (CEN1 Table 7) and would become subject to relevant BCP policies, particularly Policies CEN1 - CEN6. This process should be justified with robust evidence; for example, relating to catchment areas, physical constraints, existing and future potential provision, the vitality and viability of centres and other relevant policy considerations.
 

Evidence

• Black Country Centres Study Main Report (March 2020) and Update (August 2021) (Lambert Smith Hampton)
   

Delivery

• Development Management through the determination of planning applications; Local Development Plans; Black Country Local Authority projects; and sub-regional, regional, and national schemes and funding mechanisms
   

Issues & Options Consultation

8.41 Responses emphasised the need for flexibility to allow Tier Three Centres to remain strong and provide services to the local community, with it no longer being appropriate for centres to be dominated by retail as vacancies remain high. The policy ensures that tier three centres are able to serve the local needs of the communities in a sustainable way. The option to remove the emphasis on retail is balanced by encouraging diversification but still acknowledging the importance smaller supermarkets/ convenience stores play in serving local communities, and particularly in the future to support the Black Country's housing growth. Local Development Plans will be able to adjust e.g. frontage policies to facilitate further diversification.
 

Edge-of-Centre and Out-of-Centre Proposals (Policies CEN5 and CEN6)

8.42 Proposals in edge and out-of-centre locations need to meet the requirements of Policies CEN5 and CEN6.

8.43 As set out in paragraph 8.9, Appendix 16 sets out the specific locations that are defined as edge or out-of-centre for various uses by the BCA, to assist with applying relevant policies and national tests highlighted in Table 7.

8.44 Edge-of-centre locations for tier-one and tier-two centres are those locations defined by national guidance, currently within 300m of in-centre locations. For retail purposes, this is a location that is well-connected to, and up to 300 metres from, the primary shopping area (see Appendix 16). For all other main town centre uses, this will be a location within 300 metres of a town centre boundary. For office development, this includes locations outside the centre but within 500 metres of a public transport interchange. Locations immediately adjoining the boundaries of Tier Three centres are defined as edge-of-centre.

8.45 Out-of-centre locations are those locations not in or on the edge of a centre.
 

Provision of Small-Scale Local Facilities not in centres

8.46 This policy applies to proposals for small-scale local facilities (centre uses and complementary usesincluding social infrastructure and community uses – paragraph 8.3b) not in a centre (in edge and/ or out-of-centre locations as defined in paragraph 8.9), which have a proposed unit floorspace of under 280sqm (gross), as set out in paragraph 8.48 below. The priority is for local service needs, particularly that generated from the future growth identified for the Black Country (Policy CEN1 point 5), to be met by the existing network of centres, to ensure their vitality and viability. However, some small-scale provision may be justified in certain circumstances to meet local community needs.
 

 

Justification

8.47 The existing network of centres plays a crucial role in serving the local needs of the Black Country. Centres are also dependent on smaller units, such as supermarkets and convenience stores, to anchor their retail and service offer. It is therefore a priority to protect and support this approach. Local facilities are also provided in existing stand-alone locations and by small parades of shops. It is recognised that stand-alone provision to serve local communities, particularly where it offers social infrastructure, plays a positive role under certain, specific circumstances.

8.48 This policy relates to proposals for small-scale local facilities (uses as defined in paragraph 8.3b) for units of up to 280sqm (gross) of floorspace and extensions (including internal floorspace increases such as the provision of mezzanine floors) where the proposed uplift in floorspace is up to 280sqm (gross) (see also paragraphs 8.49 – 8.50) and applies to new development, changes of use and variations of conditions, including:

a) proposals related to petrol filling stations and drive-through facilities;
b) proposals for ancillary uses under Policy EMP3;
c) where the potential for an element of on-site provision of new local facilities is identified in Chapter 13 and / or Local Development Plans to serve the specific needs of future development, or in exceptional circumstances where such proposals are brought forward through speculative planning applications, (whereby the requirements of Policy HOU2 also have to be met particularly with respect to demonstrating high levels of accessibility by sustainable modes of transport).

8.49 Proposals that have unit sizes under 280sqm (gross) but comprise a number of units where the total floorspace of the proposal exceeds 280sqm (gross), and / or where the proposed uplift in floorspace of unit size(s) is under 280sqm but would create unit(s) over 280sqm (gross) as set out in paragraph 8.48, will also have to meet the requirements of Policy CEN6.

8.50 Proposals, (including paragraph 8.48, points a-c) whose unit size(s) are over 280sqm (gross) will have to meet the requirements of Policy CEN6.

8.51 This policy can contribute to achieving priorities such as promoting the health and well-being of local communities (Policy HW1 point k).

8.52 For the purposes of applying the criteria, nearby centres include those centres whose catchment areas overlap with the catchment area of the proposal, with 400m being a safe, convenient walking distance.

8.53 The strategy is for investment to be focussed in centres, with the priority for the existing network of centres to serve the Black Country's needs, particularly future growth identified housing and employment allocations (Policy CEN1 point 5). Therefore, strong justification is required for edge and out-of-centre schemes that could otherwise undermine the strategy for the regeneration of the Black Country and ensuring the vitality of centres. Requirement 2 in the policy notes that certain existing local facilities that are not in a centre provide an important service to a local area and will wherever possible be protected.

8.54 In making planning decisions, further guidance, such as hot food takeaway SPDs, are set out in Local Development Plans. Where planning permissions are granted effective planning conditions and /or planning obligations will be required to support the regeneration strategy and minimise impacts. Conditions should include, for example, clearly defining as specifically as possible the types and (sub)categories of uses that are acceptable and goods and service to be sold, unit sizes and sales areas, including relating to mezzanine floors, future sub-division of units and opening hours (Policy CEN1 point 6).
 

Evidence

• Black Country Centres Study Main Report (March 2020) and Update (August 2021) (Lambert Smith Hampton)
   

Delivery

• Development Management through the determination of planning applications; Local Development Plans; Black Country Local Authority projects; and sub-regional, regional, and national schemes and funding mechanisms.
   

Issues & Options Consultation

8.55 Views included that the current threshold is appropriate and in line with national guidance as long as the evidence base can show this, and that under the current local guidance even modest schemes would be unacceptable in out of centre locations. The LSH Centres study identifies that the Black Country's network of centres is facing challenges and in order to ensure their future vitality and viability significant adverse impacts need to be avoided, particularly as many centres serve the day-to-day needs of the local community. However, it is also acknowledged that an element of stand-alone provision within local communities can play and important role. Therefore, the options to retain the current 200sqm threshold or to remove local guidance, is balanced with a 280sqm threshold reflecting unit sizes that are not subject to trading restrictions and the new F2(a) Local Community use class, with clear criteria to determine applications.
 

Edge-of-Centre and Out-of-Centre Development

8.56 This policy applies to proposals not in a centre (in edge and / or out-of-centre locations), which have a proposed floorspace of over 280sqm (gross), as set out in Policy CEN1 Table 7 and paragraph 8.60.

8.57 The approach is intended to focus appropriate uses within the existing network of centres. Very limited existing and future capacity means that any growth not in centres can cause adverse impacts on them. This policy sets out robust requirements that will ensure that investment in centres is maximised and significant adverse impacts are prevented (Strategic Priority 9).
 

 

Justification

8.58 The intention of CEN6 is to ensure that investment is focused in centres, with the priority for the existing network of centres to serve the Black Country's needs, particularly future growth identified housing and employment allocations (Policy CEN1 point 5). Therefore, strong justification is required for edge-of-centre and out-of-centre schemes that could otherwise undermine the strategy for promoting the regeneration of the Black Country and ensuring the vitality of centres.

8.59 The Centres Study identifies little capacity to support additional floorspace, which means proposals that do not serve centres are likely to adversely impact upon their vitality and viability. The regeneration strategy for centres is focussed on bringing vacant floorspace back into use, and a consolidated retail and leisure offer is essential to facilitate diversification through e.g. encouraging linked trips. Centres are also dependent on units such as supermarkets and convenience stores to anchor their retail and service offer. It is therefore a priority to protect and support this approach. Consequently, the impact of proposals for centre uses not in centres are a cause for concern. There is a need for an appropriately robust policy approach to ensure all potential options to focus development in centres are thoroughly explored, and proposals are tested for their potential significant adverse impacts on existing centres. This is particularly the case for large-scale out-of-centre speculative retail and/ or leisure proposals.

8.60 For the purposes of applying the Impact Assessment, 280sqm (gross) is the locally set threshold for undertaking impact tests on retail and leisure proposals as set out in national guidance in edge and out-of-centre locations (Policy CEN1 Table 7). This applies to new development, changes of use, variations of conditions, extensions to / increase the floorspace of existing unit(s) (e.g. through increasing sales areas, mezzanine floors) that would create outlets with floorspace over 280sqm (gross), and / or proposals whose unit sizes are under 280sqm but the total floorspace of the proposal is over 280sqm (gross) (see also paragraph 8.61), including;

a) proposals related to petrol filling stations and drive-through facilities;
b) proposals for ancillary retail and leisure uses under Policies EMP2 and EMP3;
c) where potential for an element of on-site provision of new local facilities are identified in Local Development Plans to serve the specific needs of future development, or in the exceptional circumstances where such proposals are brought forward through speculative planning applications (whereby the requirements of Policy HOU2 also have to be met particularly with respect to demonstrating high levels of accessibility by sustainable modes of transport).

8.61 There are instances where proposals will have to meet the requirements of both this policy (particularly the impact tests) and Policy CEN5 requirements such as where proposals have a floorspace uplift or unit sizes under 280sqm (gross) but total floorspace exceeds 280sqm (gross) (Policy CEN5 paragraphs 8.48 – 8.50).

8.62 Flexibility should be demonstrated when assessing potential in-centre locations, including in terms of specific types of goods & services and elements of the business models of proposals, such as 'drive through' facilities not necessarily needing to be outside a centre solely for vehicular access and circulation reasons.

8.63 It is important to ensure edge-of-centre proposals do not cause significant adverse impacts, particularly as they share catchment areas with in-centre provision. Edge-of-centre proposals should support regeneration through being well integrated, particularly through direct pedestrian linkages complementing and enhancing adjacent in-centre provision.

8.64 Impact tests should be proportionate to the nature and scale of proposals, and to assist with the determination of proposals should include as a minimum the estimated turnover and trade draw from relevant centres of the proposal. Additional evidence should include information regarding capacity, catchment areas, the health and existing retail commitments (paragraph 8.10).

8.65 In making planning decisions further guidance is set out in Local Development Plans. Where planning permissions are granted effective planning conditions and/or planning obligations will be required to support the regeneration strategy and minimise impacts. Conditions should include, for example, a clear definition of the types and (sub)categories of uses that are acceptable and the goods and service to be sold, the agreed details of unit sizes and the extent of sales areas, including in relation to to mezzanine floors, the potential future sub-division of units and the opening hours (as set out in Policy CEN1 point 6).
 

Evidence

• Black Country Centres Study Main Report (March 2020) and Update (August 2021) (Lambert Smith Hampton)
   

Delivery

• Development Management through the determination of planning applications; Local Development Plans; Black Country Local Authority projects; and sub-regional, regional, and national schemes and funding mechanisms
   

Issues & Options Consultation

8.66 There was general consensus that this policy is acceptable. The policy aims to ensure that appropriate uses are located within defined centres in the first instance to minimise the impacts of out-of-centre development on the vitality of centres. There was a view that under the current local guidance even modest schemes would be unacceptable in out-of-centre locations and the impact test threshold should revert to the default 2,500sqm in national guidance.

8.67 The LSH Centres study identifies that the Black Country's network of centres are facing challenges and in order to ensure their future vitality and viability future out-of-centre proposals need to be tested to avoid significant adverse impacts, particularly as little capacity is predicted to support additional floorspace. The option to retain a variety of thresholds or to adopt the national default, is balanced by having a clear threshold of 280sqm, which reflecting unit sizes that are not subject to trading restrictions and the new F2(a) Local Community use class. The policy emphasises that any impact tests should be proportionate to the scale and nature of proposals.
 

Monitoring