Draft Black Country Plan

Comment

Representation ID: 21215

Received: 11/10/2021

Respondent: Quadrant Estates

Agent: Quadrant Estates

We are instructed by our client, Walsall Bescot RP Limited (c/o Quadrant Estates), to submit representations to the Draft Black Country Plan 2039 (Regulation 18) Consultation which is being jointly prepared by the four Black Country Authorities (Dudley, Sandwell, Walsall and Wolverhampton). Our client has a site which lies in the jurisdiction of Walsall Council at Bescot Retail Park, Walsall, WS1 4SB (‘the Site’) of which they own the freehold.

We set out below the background behind our clients’ interest in the emerging planning policy within the Draft Black Country Plan 2039 (‘the Plan’) before addressing the relevant employment policies and outlining how the Site should be included going forward.

The consultation expires on 11th October 2021 and we therefore trust these representations will be taken into account.

1 Background
Walsall Bescot RP Limited own Bescot Retail Park which is managed by Quadrant Estates (‘Quadrant’). In view of the changing nature of the retail sector, Quadrant is exploring potential redevelopment opportunities to repurpose existing asset for alternative uses. Indeed, Quadrant have recently undertaken a pre-application meeting (ENQ/0132) with Walsall Council to discuss the potential of redeveloping the Site for employment uses.

Bescot Retail Park has previously been identified as a suitable site to deliver employment development. The Site benefitted from a draft employment allocation within the Issues and Options Site Allocations Document which underwent consultation in 2013 (site ref. IN309). The Site assessment stated that it was suitable for industrial uses due to it adjoining an existing industrial area (Bescot Crescent); and its proximity to Junction 9 of the M6. Its release for employment uses was dependent on the ceasing of the current retail use. However, at that time the existing retail use was performing well and a number of tenants had several years remaining on their leases. This position is now changing.

The feedback from the pre-application meeting, held on 5th October 2021, was positive and Quadrant were encouraged to submit representations to the Regulation 18 Consultation.

These representations outline the potential for the Site to be allocated within the Plan for employment uses but also state the need for the existing use (retail) to be recognised and respected. Whilst the potential for industrial should be promoted, the existing uses need protecting and therefore this letter requests a flexible approach to the allocation of the Site to be adopted.

2 Employment Policies
The Draft Black Country Plan 2039 (Regulation 18) Consultation will direct where new development will be locate up to 2039. Crucially it will also guide key issues such as employment land, answering key questions such as:
• Where does employment land need protection?; and
• How much new employment land is needed and where should it go?

The Plan includes a number of draft policies as well as a Policies Map and these have been considered against Quadrant’s intentions below.

Policies Map
It is understood that given its previous history, the Site was not included within the Black Country Economic Development Needs Assessment Stage 1 Report (May 2017). This is one of two documents which forms the evidence base for the emerging policy. The Site has therefore not been considered to date and therefore is currently shown as ‘white’ unallocated land on the draft Policies Map.
Quadrant wish for Bescot Retail Park to benefit from an employment allocation and it is proposed that the land is allocated as “Land for Employment” (Policy EMP1) or as a “Local Employment Area” (Policy EMP3). This is a natural extension to neighbouring Strategic Employment Allocation in which the remaining land at Bescot Crescent benefits from. The allocation will differ from the neighbouring allocation but this is necessary to protect the existing use in the short term. The medium to long term future of the Site currently looks to lie in employment uses and therefore this allocation will still assist in this land coming forward for employment uses within the Plan period.

However, it is vital that this future allocation must recognise that it is still an active retail park with tenants and the allocation should reflect this. The employment allocation cannot prejudice the existing use. The NPPF at Paragraph 81 outlines the need for “planning policies and decisions should help create the conditions in which businesses can invest, expand and adapt.” Indeed, this will allow the Site to adapt when the time is right and continue to be occupied, employment generating and an asset to Walsall.

Policy EMP1
This policy, titled ‘Providing for Economic Growth and Jobs’ seeks to ensure there is a sufficient quantum of development opportunities in order to meet the employment needs of the Black Country economy.

The Site can help meet the large 164ha target for Walsall by providing another 5.14ha of employment land. Not only this but the land should be considered high-quality, given the neighbouring uses, existing use and proximity to the M6 as well as the A4148. The allocated employment land for Walsall would therefore increase to 169ha.

Within Policy EMP1 at ‘4’ we suggest the following amends to the policy to ensure that allocated employment sites, such as Bescot Retail Park, have their individual needs acknowledged:
“The key clusters of sites are shown on the Employment Key Diagram and individual sites listed in Chapter 13: Sub-Areas and Site Allocations. These sites will be safeguarded for industrial employment uses within Use Classes E(g)(ii), E(g)(iii), B2, and B8, unless stated otherwise.”

The Site will need to be described fully in Chapter 13 of the Plan, specifically within Table 36 under ‘Further Information’. Here it will need to include that whilst the land is allocated for employment uses it is an existing retail park and due respect and flexibility must be applied to recognise the current use. This will ensure that the existing use is recognised and not prejudiced in the short term.

This approach gains support from the NPPF at Paragraphs 81 and 82. At 82 d it states that planning policies should:
“be flexible enough to accommodate needs not anticipated in the plan… and to enable a rapid response to changes in economic circumstances.”

Policy EMP3
This Policy allocates and describes Local Employment Areas which would be a suitable allocation for the Site in the emerging Plan subject to the suggested changes below. Given the Site is a long standing, well-established commercial and industrial location it would be entirely suited to this allocation as it is characterised by “a critical mass of industrial, warehousing and service activity with good access to local markets and employees” as stated within the draft policy.

However, in order for the policy wording to ensure the short-term protection of the retail use in the short term and to allow suitable flexibility to the SIte, we propose the following amends at ‘2’ and ‘3’:
“These areas will provide for the needs of locally-based investment and will be safeguarded for the following uses;
a) Industry and warehousing (E(g)(ii), E(g)(iii)), B2 and B8 use)
b) Motor trade activities, including car showrooms and vehicle repair
c) Haulage and transfer depots
d) Trade, wholesale retailing and builders’ merchants
e) Scrap metal, timber and construction premises and yards
f) Waste collection, transfer and recycling uses as set out in Policy W3
g) any existing uses.
3) Not all areas will be suitable for all uses and any existing uses should be taken into consideration.”

The above amended will ensure that the Site’s existing use will be recognised going forward and duly taken into account. Again, this approach gains support through Paragraphs 81 and 82 of the NPPF.

3 Summary
In view of the changing nature of the retail sector, which has seen a notable contraction of large format retailers, Quadrant is exploring potential redevelopment opportunities to repurpose the existing asset for alternative uses. Having gone through a positive pre-application with Walsall Council, it was encouraged that representations were submitted to this Regulation 18 Consultation to express how the Site could be allocated as an employment site.

Quadrant are therefore looking for the Site to be allocated for employment uses. However, key to any future allocation being accepted, any allocation or policy wording relating to the Site will need to recognise the need for the short-term use (retail) to be safeguarded or for due flexibility to be applied.

The retail park remains active and with a number of tenants still trading. Whilst an application for redevelopment for industrial uses is envisaged in the short term, given the existing tenants are still in occupation, redevelopment is more likely to come forward in the medium term. Any future allocation or site-specific policy will need to reflect this and not prejudice the current retail use.

Comment

Representation ID: 21216

Received: 11/10/2021

Respondent: Quadrant Estates

Agent: Quadrant Estates

We are instructed by our client, Walsall Bescot RP Limited (c/o Quadrant Estates), to submit representations to the Draft Black Country Plan 2039 (Regulation 18) Consultation which is being jointly prepared by the four Black Country Authorities (Dudley, Sandwell, Walsall and Wolverhampton). Our client has a site which lies in the jurisdiction of Walsall Council at Bescot Retail Park, Walsall, WS1 4SB (‘the Site’) of which they own the freehold.

We set out below the background behind our clients’ interest in the emerging planning policy within the Draft Black Country Plan 2039 (‘the Plan’) before addressing the relevant employment policies and outlining how the Site should be included going forward.

The consultation expires on 11th October 2021 and we therefore trust these representations will be taken into account.

1 Background
Walsall Bescot RP Limited own Bescot Retail Park which is managed by Quadrant Estates (‘Quadrant’). In view of the changing nature of the retail sector, Quadrant is exploring potential redevelopment opportunities to repurpose existing asset for alternative uses. Indeed, Quadrant have recently undertaken a pre-application meeting (ENQ/0132) with Walsall Council to discuss the potential of redeveloping the Site for employment uses.

Bescot Retail Park has previously been identified as a suitable site to deliver employment development. The Site benefitted from a draft employment allocation within the Issues and Options Site Allocations Document which underwent consultation in 2013 (site ref. IN309). The Site assessment stated that it was suitable for industrial uses due to it adjoining an existing industrial area (Bescot Crescent); and its proximity to Junction 9 of the M6. Its release for employment uses was dependent on the ceasing of the current retail use. However, at that time the existing retail use was performing well and a number of tenants had several years remaining on their leases. This position is now changing.

The feedback from the pre-application meeting, held on 5th October 2021, was positive and Quadrant were encouraged to submit representations to the Regulation 18 Consultation.

These representations outline the potential for the Site to be allocated within the Plan for employment uses but also state the need for the existing use (retail) to be recognised and respected. Whilst the potential for industrial should be promoted, the existing uses need protecting and therefore this letter requests a flexible approach to the allocation of the Site to be adopted.

2 Employment Policies
The Draft Black Country Plan 2039 (Regulation 18) Consultation will direct where new development will be locate up to 2039. Crucially it will also guide key issues such as employment land, answering key questions such as:
• Where does employment land need protection?; and
• How much new employment land is needed and where should it go?

The Plan includes a number of draft policies as well as a Policies Map and these have been considered against Quadrant’s intentions below.

Policies Map
It is understood that given its previous history, the Site was not included within the Black Country Economic Development Needs Assessment Stage 1 Report (May 2017). This is one of two documents which forms the evidence base for the emerging policy. The Site has therefore not been considered to date and therefore is currently shown as ‘white’ unallocated land on the draft Policies Map.
Quadrant wish for Bescot Retail Park to benefit from an employment allocation and it is proposed that the land is allocated as “Land for Employment” (Policy EMP1) or as a “Local Employment Area” (Policy EMP3). This is a natural extension to neighbouring Strategic Employment Allocation in which the remaining land at Bescot Crescent benefits from. The allocation will differ from the neighbouring allocation but this is necessary to protect the existing use in the short term. The medium to long term future of the Site currently looks to lie in employment uses and therefore this allocation will still assist in this land coming forward for employment uses within the Plan period.

However, it is vital that this future allocation must recognise that it is still an active retail park with tenants and the allocation should reflect this. The employment allocation cannot prejudice the existing use. The NPPF at Paragraph 81 outlines the need for “planning policies and decisions should help create the conditions in which businesses can invest, expand and adapt.” Indeed, this will allow the Site to adapt when the time is right and continue to be occupied, employment generating and an asset to Walsall.

Policy EMP1
This policy, titled ‘Providing for Economic Growth and Jobs’ seeks to ensure there is a sufficient quantum of development opportunities in order to meet the employment needs of the Black Country economy.

The Site can help meet the large 164ha target for Walsall by providing another 5.14ha of employment land. Not only this but the land should be considered high-quality, given the neighbouring uses, existing use and proximity to the M6 as well as the A4148. The allocated employment land for Walsall would therefore increase to 169ha.

Within Policy EMP1 at ‘4’ we suggest the following amends to the policy to ensure that allocated employment sites, such as Bescot Retail Park, have their individual needs acknowledged:
“The key clusters of sites are shown on the Employment Key Diagram and individual sites listed in Chapter 13: Sub-Areas and Site Allocations. These sites will be safeguarded for industrial employment uses within Use Classes E(g)(ii), E(g)(iii), B2, and B8, unless stated otherwise.”

The Site will need to be described fully in Chapter 13 of the Plan, specifically within Table 36 under ‘Further Information’. Here it will need to include that whilst the land is allocated for employment uses it is an existing retail park and due respect and flexibility must be applied to recognise the current use. This will ensure that the existing use is recognised and not prejudiced in the short term.

This approach gains support from the NPPF at Paragraphs 81 and 82. At 82 d it states that planning policies should:
“be flexible enough to accommodate needs not anticipated in the plan… and to enable a rapid response to changes in economic circumstances.”

Policy EMP3
This Policy allocates and describes Local Employment Areas which would be a suitable allocation for the Site in the emerging Plan subject to the suggested changes below. Given the Site is a long standing, well-established commercial and industrial location it would be entirely suited to this allocation as it is characterised by “a critical mass of industrial, warehousing and service activity with good access to local markets and employees” as stated within the draft policy.

However, in order for the policy wording to ensure the short-term protection of the retail use in the short term and to allow suitable flexibility to the SIte, we propose the following amends at ‘2’ and ‘3’:
“These areas will provide for the needs of locally-based investment and will be safeguarded for the following uses;
a) Industry and warehousing (E(g)(ii), E(g)(iii)), B2 and B8 use)
b) Motor trade activities, including car showrooms and vehicle repair
c) Haulage and transfer depots
d) Trade, wholesale retailing and builders’ merchants
e) Scrap metal, timber and construction premises and yards
f) Waste collection, transfer and recycling uses as set out in Policy W3
g) any existing uses.
3) Not all areas will be suitable for all uses and any existing uses should be taken into consideration.”

The above amended will ensure that the Site’s existing use will be recognised going forward and duly taken into account. Again, this approach gains support through Paragraphs 81 and 82 of the NPPF.

3 Summary
In view of the changing nature of the retail sector, which has seen a notable contraction of large format retailers, Quadrant is exploring potential redevelopment opportunities to repurpose the existing asset for alternative uses. Having gone through a positive pre-application with Walsall Council, it was encouraged that representations were submitted to this Regulation 18 Consultation to express how the Site could be allocated as an employment site.

Quadrant are therefore looking for the Site to be allocated for employment uses. However, key to any future allocation being accepted, any allocation or policy wording relating to the Site will need to recognise the need for the short-term use (retail) to be safeguarded or for due flexibility to be applied.

The retail park remains active and with a number of tenants still trading. Whilst an application for redevelopment for industrial uses is envisaged in the short term, given the existing tenants are still in occupation, redevelopment is more likely to come forward in the medium term. Any future allocation or site-specific policy will need to reflect this and not prejudice the current retail use.

Comment

Representation ID: 45852

Received: 11/10/2021

Respondent: Quadrant Estates

Agent: Quadrant Estates

Policy EMP3
This Policy allocates and describes Local Employment Areas which would be a suitable allocation for the Site in the emerging Plan subject to the suggested changes below. Given the Site is a long standing, well-established commercial and industrial location it would be entirely suited to this allocation as it is characterised by “a critical mass of industrial, warehousing and service activity with good access to local markets and employees” as stated within the draft policy.

However, in order for the policy wording to ensure the short-term protection of the retail use in the short term and to allow suitable flexibility to the SIte, we propose the following amends at ‘2’ and ‘3’:
“These areas will provide for the needs of locally-based investment and will be safeguarded for the following uses;
a) Industry and warehousing (E(g)(ii), E(g)(iii)), B2 and B8 use)
b) Motor trade activities, including car showrooms and vehicle repair
c) Haulage and transfer depots
d) Trade, wholesale retailing and builders’ merchants
e) Scrap metal, timber and construction premises and yards
f) Waste collection, transfer and recycling uses as set out in Policy W3
g) any existing uses.
3) Not all areas will be suitable for all uses and any existing uses should be taken into consideration.”