The BCCS was adopted in 2011 and therefore pre-dates the National Planning Policy Framework (NPPF). Paragraph 26 of the NPPF states that when assessing applications for retail and leisure development outside of town centres, which are not in accordance with an up-to-date Local Plan, local authorities should require an impact assessment if the development is over a proportionate, locally set floorspace threshold (if there is no locally set threshold, the default threshold is 2,500 sqm).

Currently, for new comparison retail floorspace in Brierley Hill Strategic Centre (which includes iMH), a retail impact assessment is required for in centre proposals if the proposal would result in the overall targets for comparison retail development being exceeded. For out of centre, comparison and convenience development, a retail impact assessment is required for proposals over 500 sqm (gross) or for proposals below this threshold which are considered to have a significant impact on the centres.

Intu considers this threshold approach should be reviewed given it was implemented prior to the introduction of the NPPF. The threshold approach for Strategic Centres (and other centres) should be informed by robust evidence i.e. the updated retail evidence base. If lower thresholds than the NPPF threshold (2,500 sqm) are to be adopted, there needs to be clear justification and reasoning for this, especially given Brierley Hill is a Strategic Centre, at the top of the retail hierarchy.