Policy CEN6 - Edge-of-Centre and Out-of-Centre Development

Object

Representation ID: 44916

Received: 11/10/2021

Respondent: Aldi Stores Ltd C/o Turley

Agent: Aldi Stores Ltd C/o Turley

We consider that Policy CEN 6, as proposed, sets out an unduly high bar for proposed edge or out of centre retail development to meet in respect of retail impact considerations.
The national default threshold for the submission of RIA within England, contained in the NPPF, has been set at 2,500 sq m gfa for a number of years. The intention of providing such a threshold is to indicate an appropriate scale of development, over which the government considers may give scope for adverse consequences in terms of retail impact. It has been set at a level that is intended to apply to the full range of planning authorities within England, each with their hierarchy of settlements and within them, retail centres. While it is recognised in the NPPF that LPA’s are able to set their own thresholds, the key word at para 90 of the NPPF is that such locally set thresholds must be “proportionate”. In our view, a Plan area that encompasses more than 1 million inhabitants within four large authority areas containing circa 132 designated shopping centres is the best possible example of why the nationally set threshold should be applied. Essentially it is a microcosm of the typical retail landscape applicable across England and there is no rational reason why it should be considered sufficiently different to warrant such a significant departure from the norm for England as a whole.
The Black Country contains four authorities that wrap around and are intrinsically interlinked with Birmingham City. Birmingham City also has a hierarchy of defined centres and they are not materially different in size or function to those in the Black Country, notwithstanding any differences in nomenclature. They face the same issues and opportunities regarding edge and out of centre development. Nevertheless, Birmingham Council, in the Development Plan, have accepted the NPPF level threshold for submission of RIA. We can see no sound reason for the BCP adopting a different threshold. The adoption of the NPPF threshold in the BCP would provide a consistent basis for assessing retail impact in the conurbation.
There is no evidence based support for imposing such a low threshold for RIA across the Black Country area. There is no evidence available to indicate that imposing a higher threshold would impose a greater threat to the health of designated centres and no evidence to indicate that developments of a scale larger than 280 sq m gfa either have or would harm any centre of any scale and function in the retail hierarchy. It appears that the selection of this figure is arbitrary and unjustified.

Proposed rewording of Policy CEN6

Impact Tests
5) The locally-set floorspace thresholds for edge and out-of-centre retail and leisure proposals to meet the requirements of the Impact Assessment as set out in the latest national guidance is 2,500 sqm (gross) (see Policy CEN1 Table 7). Impact tests should be proportionate to the nature and scale of proposals.
6) Proposals should be informed by the latest available robust evidence.
7) In making planning decisions, further guidance is set out in Local Development Plans.
8) Where planning permissions are granted, effective planning conditions and / or planning obligations will be required to support the regeneration strategy and minimise adverse impacts (Policy CEN1 point 6).