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| 7.0 SHOPPING, TOWN CENTRES
AND DISTRICT AND LOCAL CENTRES |
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| Introduction |
| 7.1 |
The borough contains a network of centres
which provide shopping and other services, ranging in size from Chesterfield
town centre to a large number of small local centres. The Derby and
Derbyshire Joint Structure Plan 2001 (JSP) defines Chesterfield town
centre as a sub-regional centre, since it serves not only the borough
but also the surrounding areas of north-eastern Derbyshire. Around
187,000 people live within 15 minutes drive time of Chesterfield town
centre and use the shopping and other services and facilities on a
regular basis. This concentration of shops and services plays a vital
role in Chesterfield's economy and should continue to do so. It is
important therefore that the sub-regional role of Chesterfield is
maintained and strengthened. |
| 7.2 |
Staveley centre is defined as a town centre
and the Chatsworth Road and Whittington Moor centres are defined as
district centres in the JSP. Local centres are defined in this local
plan and are at Abercrombie, Birdholme, Brimington, Brookside, Hasland,
Holme Hall, Inkersall Green, Littlemoor, Loundsley Green, Newbold,
New Whittington, Old Whittington and Walton. The key objective of
national and regional guidance and the JSP is to sustain and enhance
the vitality and viability of this traditional hierarchy of centres
by continuing to make them the focus for retail development, services
and community facilities and improvements to the environment, public
transport and accessibility. It is important that both private and
public investment in existing centres should be consolidated through
further improvements and developments. In accordance with advice in
PPS6, this replacement local plan considers the need for new retail
development in the plan area and identifies sites in accord with the
sequential approach to the location of retail development. It favours
sites within town centres first of all, edge of centre and district
and local centre locations next and lastly out of centre locations
only where they are accessible by a choice of means of transport.
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| Need for additional retail
facilities |
| 7.3 |
A retail capacity study for the borough
was commissioned from Nathaniel Lichfield and Partners in 2000 and
updated in 2002. The study suggests that there will be quantitative
need for additional retail floorspace in both convenience and comparison
businesses. However, the scale of additional retail development will
depend mainly on assumptions about future levels of expenditure growth.
A cautious approach needs to be taken with regard to expenditure growth
projections, particularly in the longer term. In the light of this,
it is estimated that there is a quantitative need for the following
amounts of retail floorspace in the borough up to 2011: |
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| Floorspace Type |
Amount in m2 (net) |
| Convenience (food retail) |
up to 3,362 |
| Non-bulky comparison (high street shops) |
up to 13,118 |
| Bulky comparison (retail warehouses) |
up to 10,022 |
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| 7.4 |
In addition to quantitative projections,
the council has considered the qualitative benefits of different forms
of new retail development to the residents of the borough, in terms
of improving choice and the range of shopping available. Overall,
the assessments of need suggest that there may be scope for additional
food store floorspace in Chesterfield within the plan period, even
allowing for existing commitments at Clay Cross and Dronfield within
the adjoining area of North East Derbyshire District. |
| 7.5 |
Although residents have easy access to
most bulky comparison goods, there is considered to be a high level
of leakage of bulky comparison goods expenditure from the borough
to nearby towns. There would be qualitative benefits in providing
a large DIY retail warehouse to serve the whole Chesterfield catchment
area, thereby reducing the need for residents to travel to different
retail destinations outside of the borough. However, the scale of
such a store is such that specific provision would have to be made
on an out-of-centre site. |
| 7.6 |
The provision of high street comparison
shopping in Chesterfield town centre has been improved following the
development of the Vicar Lane scheme and other commitments. Nevertheless,
the projections indicate that there will be a need for further high
street comparison shopping facilities in Chesterfield over the plan
period, to ensure that expenditure leakage does not increase in the
future and to maintain the vitality and viability of the town centre
and other centres. |
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| Proposals for Town, District
and Local Centres |
| Chesterfield town centre
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| 7.7 |
As a result of long established policies,
Chesterfield town centre has retained its importance as the major
focus for shopping, services and community facilities and related
leisure activities, for people living in the north east of Derbyshire.
Major retail schemes at The Pavements and Vicar Lane have maintained
the attractiveness of the centre in the face of increasing competition,
particularly from out-of-centre developments at Meadowhall and at
the McArthur Glen factory outlet scheme at junction 28 of the M1.
The attractiveness of Chesterfield town centre is partly due to its
traditional character, based around a popular market and a range of
smaller independent shops complementing the larger national multiple
stores. Major environmental improvements have been undertaken in the
last twenty years to maintain and enhance this character. |
| 7.8 |
The challenge for Chesterfield town centre
is to accommodate further growth in retail business and other town
centre activities over the plan period without losing its traditional
character. To guide its future growth and enhancement, a Chesterfield
Town Centre Masterplan was approved in April 2004. The masterplan
was commissioned by the Chesterfield Town Centre Partnership, which
consists of the Derbyshire Chamber of Commerce, Chesterfield Borough
Council and a number of local businesses. It sets out a vision for
the future of the town centre, with proposals for development, refurbishment,
environmental improvement, promotion and management. It also identifies
the role of different parts of the town centre for retail, civic,
cultural and leisure purposes. The key proposals in the masterplan
affecting the development and use of land are reflected in this local
plan. |
| 7.9 |
Future opportunities for retail development
within the retail core of the town centre are likely to be smaller
in scale than previously, but the masterplan identifies opportunities
for redevelopment of some of the more outdated shopping floorspace,
such as in Burlington Street, Knifesmithgate and the Victoria Centre
(between Knifesmithgate and Saltergate). Further high street comparison
shopping could be accommodated in these locations to enhance the sub-regional
role of the town centre and the plan will give first priority to these
locations for new non-bulky comparison retail development. |
| 7.10 |
Within the retail core area there is very
little scope for larger format retail developments, such as to meet
the identified needs for a new food store and retail warehousing for
bulky comparison goods. Therefore, consideration has been given to
locations on the edge of the town centre. Two suitable sites have
been identified: |
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1. |
Land south of Markham Road. |
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2. |
Town Centre Northern Gateway site. |
| 7.11 |
The existing retail warehouse park on the
southern side of Markham Road is well connected to the town centre
and is a good location for the further development of retail warehouses
to accommodate growth in bulky goods comparison shopping. It has recently
been added to on the former Hipper Corn Mill site where a further
1,858 square metres of retail warehouse floorspace has been built
in 2005 and there is scope for the development of a further 3,000
square metres of retail warehousing on the adjacent site to the west
of Hipper Street South. |
| 7.12 |
On the north side of the town centre, land
between Newbold Road and Saltergate has previously been identified
as having potential for retail development. This site is very close
to the existing retail core and to public transport provision with
good pedestrian links to both. It is also on a prominent approach
to the town centre and virtually surrounded by Conservation Areas.
The adjacent Holywell Cross car park has previously been identified
as an area in need of environmental improvement coupled with improvements
to the highway network. The first deposit version of the Plan identified
it as a site for further retail development, subject to a feasibility
study. |
| 7.13 |
The Town Centre Masterplan identifies this
whole area as the 'Town Centre Northern Gateway', with potential for
a retail and mixed use development to anchor the town centre on its
northern side. A feasibility study of this area has been undertaken
since the publication of the first deposit plan, to assess the potential
for a comprehensive redevelopment linking this land to the retail
core of the town centre. In the light of this, Policy GEN12 identifies
this area as an 'Area of Major Change', to be redeveloped comprehensively
for a mix of uses defined in the policy. A detailed planning brief
and general development framework will be published to guide development
within this area. The site area extends from Newbold Road to Saltergate,
including the multi-storey car park and Holywell Cross car park, and
includes the land south of Saltergate between Knifesmithgate, Elder
Way and Cavendish Street (including the Victoria Centre). This is
an opportunity for a retail development for convenience and comparison
goods, plus a mix of other town centre uses which may include residential,
A3 food and drink, offices, leisure and a hotel, all around a new
public space. Its location within and adjacent to Conservation Areas,
makes it unsuitable for bulky goods retail warehousing, but it would
be suitable for further high street shopping and a new food store.
Guidance on the scale and type of retail floorspace to be provided
is given in policy GEN12 but will be dependent on the capacity of
the site and the highway network, the retail floorspace needs of the
borough and the mix of other uses required on the site. A review of the retail capacity study covering the period to 2016 will be undertaken as part of the programme of work leading to the preparation of the Local Development Framework for the borough. In particular,
developers should refer to the retail capacity study for the borough
and guidance contained in the planning brief for the site. Applications
will need to be supported by retail, transport and environmental assessments.
The redevelopment would also provide an opportunity for major improvements
to the highway network, the arrangement of car parking and the provision
for public transport, pedestrian and cycle access. |
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| Staveley town centre and
Whittington Moor and Chatsworth Road district centres |
| 7.14 |
All these centres are considerably
smaller than Chesterfield town centre and serve a primarily local,
convenience function for the surrounding residential areas. All three
centres have a reasonable range of local shopping facilities, including
major food superstores in Staveley and Chatsworth Road and smaller
food stores in Whittington Moor. They include a number of service
uses, which complement the retail uses. It is important that the health
and diversity of these centres is maintained by locating new and protecting
existing shopping, local services and community facilities within
them and improving accessibility to them. |
| 7.15 |
There is little scope for extending any
of these centres due to physical constraints. Additionally, due to
the ease of access from most parts of the borough to Chesterfield
town centre and the relatively static population in the borough, it
is not considered that there is any justification for proposing major
extensions to these centres, particularly where these would not be
compatible with the scale or character of the existing centres. |
| 7.16 |
Within or adjacent to the centres there
are pockets of existing housing which will need to be protected against
inappropriate development proposals affecting residential amenity.
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| St Augustine's |
| 7.17 |
The St Augustine's area is
poorly served by local shopping. There is no district centre, only
a sporadic distribution of corner shops. The area would benefit from
the development of a more substantial, well-defined local centre.
The Donkins/UEF site provides an opportunity for the development of
a local convenience shopping facility together with community facilities
and this is proposed as part of the mixed-use masterplan for this
site. |
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| Local centres
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| 7.18 |
Most residential areas of the
borough are served by small, local convenience shopping centres. Some
are old "village" centres, others are purpose built centres within
recent housing developments. The local centres are as listed in paragraph
7.2 and are at: Abercrombie, Birdholme, Brimington, Brookside, Hasland,
Holme Hall, Inkersall Green, Littlemoor, Loundsley Green, Newbold,
New Whittington, Old Whittington and Walton. It is important that
their function as local shopping and social/community centres is maintained
and protected, but it is not envisaged that they will need to grow
significantly. The amenities of adjacent residential properties will
also need to be protected. |
| 7.19 |
At Walton land at Breckland Road has been
allocated for the expansion of the existing local centre for shopping
and/or social/community uses. At Grangewood land has been allocated
for a new local centre, including shops, service, social and community
facilities, to serve a large housing area which has few facilities.
A third new local centre will be part of the mixed-use redevelopment
opportunity on the former Donkin/UEF site at Derby Road, as described
in policy EMP2 (Chapter 4). In addition, local shopping and service
facilities will be provided within the A61 Corridor Area of Major
Change, as defined in Policy GEN11. Further guidance on the scale,
type and location of retail floorspace to be provided there is set
out in the A61 Corridor planning brief. |
| 7.20 |
A wide range of uses is important to maintaining
and enhancing the vitality and viability of existing centres. Non-retail
uses support the main shopping function of centres, sustain their
economy into the evening bringing activity after shops have closed
and enable people to make linked trips so reducing the need to travel.
Such uses include A2 financial and professional services, A3 and A4
cafes, restaurants and pubs, A5 hot-food takeaways, D1 and D2 leisure
and entertainment and social and community uses, residential and B1
office uses. Some of these uses can be successfully accommodated within
the core retail area where they complement the main shopping function,
such as A2 and A3 uses, or where they make use of space above shops,
such as office and residential uses. Other uses, in particular late
night entertainment and leisure uses, need more careful consideration
to ensure they do not create community safety problems or cause harm
to adjoining residential uses, especially locations on the periphery
of the town centre. Where appropriate, consideration will be given
to proposals for these non-retail uses to increase the mix of uses
within centres. In doing so the council will consider the impact of
the proposal on the primary retail function of the centre and the
street or frontage in which it would be located and its relationship
to surrounding land uses. Strategies for centres, such as the Chesterfield
Town Centre Masterplan, will be used to guide the location of these
uses. Policies SHC10, SHC12 and SHC13 provide specific guidance on
the location and criteria for A3 and A4 drinking establishments, nightclubs,
amusement centres and D2 casino uses throughout the borough. |
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| SHC1 DEVELOPMENT
WITHIN EXISTING TOWN, DISTRICT AND LOCAL CENTRES |
| IN ORDER TO SUSTAIN
AND ENHANCE THE VITALITY AND VIABILITY OF TOWN, DISTRICT AND
LOCAL CENTRES, AS DEFINED ON THE PROPOSALS MAP, EXCEPT IN AREAS
OUTSIDE OF THE RETAIL CORE IN CHESTERFIELD TOWN CENTRE, PLANNING
PERMISSION WILL BE GRANTED FOR RETAIL DEVELOPMENT WITHIN USE
CLASS A1 WITHIN THESE CENTRES, PROVIDED THAT ITS SCALE AND NATURE
IS COMPATIBLE WITH THE SCALE, CHARACTER AND FUNCTION OF THE
CENTRE. |
| IN PARTICULAR,
WITHIN THE RETAIL CORE OF CHESTERFIELD TOWN CENTRE, LAND BETWEEN
BURLINGTON STREET, KNIFESMITHGATE AND SALTERGATE, AS DEFINED
ON THE PROPOSALS MAP, IS IDENTIFIED FOR REDEVELOPMENT TO PROVIDE
NEW RETAIL FLOORSPACE, SUITABLE FOR NON-BULKY COMPARISON GOODS
RETAILING TO EXTEND THE RANGE OF HIGH STREET SHOPS. |
| THE COUNCIL WILL ALSO
SEEK TO IMPROVE THE VITALITY AND VIABILITY OF THESE CENTRES
BY GRANTING PLANNING PERMISSION FOR APPROPRIATE NON-RETAIL FUNCTIONS
AND SERVICES WITHIN THESE CENTRES INCLUDING CLASS A2 FINANCIAL
AND PROFESSIONAL SERVICES, A3, A4 AND A5 FOOD AND DRINK, D1
SOCIAL, COMMUNITY AND HEALTH FACILITIES, D2 LEISURE, B1 OFFICE
AND RESIDENTIAL USES, SUBJECT TO POLICIES SHC10, SHC12 AND SHC13
ON A4 AND D2 USES AND THE FOLLOWING CRITERIA: |
| (a) |
THE PROPOSAL, EITHER
ON ITS OWN OR CUMULATIVELY TOGETHER WITH OTHER SIMILAR USES
WOULD NOT HARM THE PRIMARY RETAIL FUNCTION OF THE CENTRE OR
THE PARTICULAR STREET OR FRONTAGE IN WHICH IT WOULD BE LOCATED; |
| (b) |
IT WOULD BE ACCEPTABLE
IN TERMS OF ITS IMPACT ON RESIDENTIAL AMENITIES, TRAFFIC AND
HIGHWAY SAFETY AND VISUAL IMPACT. |
| WITHIN CHESTERFIELD
TOWN CENTRE, IN THE AREAS OUTSIDE OF THE RETAIL CORE, PERMISSION
WILL NOT BE GRANTED FOR FURTHER A1 RETAIL USES OTHER THAN ON
MIXED USE SITES IDENTIFIED IN THE PLAN. PERMISSION WILL BE GRANTED
FOR A2 FINANCIAL AND PROFESSIONAL SERVICES, A3 RESTAURANTS AND
CAFES, A5 TAKEAWAYS, C1 HOTELS AND C2 AND C3 RESIDENTIAL USES,
D1 NON-RESIDENTIAL INSTITUTIONS, AND B1 OFFICES, SUBJECT TO
THEIR IMPACT ON LOCAL RESIDENTIAL AMENITY, TRAFFIC AND PARKING.
USES WITHIN CLASSES A4 AND D2 WILL ALSO BE CONSIDERED SUBJECT
TO POLICIES SHC10, SHC12 AND SHC13. |
| IN ALL OF THE EXISTING
CENTRES, SCHEMES TO IMPROVE ACCESSIBILITY BY PUBLIC TRANSPORT,
PEDESTRIANS, CYCLISTS AND DISABLED PEOPLE AND TO IMPROVE PUBLIC
CAR PARKING, COMMUNITY SAFETY AND THE QUALITY AND ATTRACTIVENESS
OF THE ENVIRONMENT WILL BE SOUGHT AS PART OF NEW DEVELOPMENT
PROPOSALS. |
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| SHC2 PROVISION
OF NEW OR EXTENDED LOCAL CENTRES |
| THE FOLLOWING SITES,
AS DEFINED ON THE PROPOSALS MAP, ARE ALLOCATED FOR NEW LOCAL
CENTRES OR EXTENSIONS TO EXISTING LOCAL CENTRES, WHERE PLANNING
PERMISSION WILL BE GRANTED FOR LOCAL SHOPS, SERVICES, SOCIAL
AND COMMUNITY FACILITIES: |
| (a) |
LAND AT DERBY ROAD/REDVERS
BULLER ROAD; |
| (b) |
LAND TO THE REAR OF
THE TRUMPETER PUBLIC HOUSE, GRANGEWOOD; |
| (c) |
LAND AT BRECKLAND
ROAD, WALTON; |
| (d) |
LAND WITHIN THE A61
CORRIDOR AREA OF MAJOR CHANGE AS DEFINED IN POLICY GEN11. |
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| SHC3 NEW RETAIL
WAREHOUSING ON LAND AT MARKHAM ROAD |
| PLANNING PERMISSION
FOR RETAIL WAREHOUSES WILL BE GRANTED ON LAND TO THE SOUTH OF
MARKHAM ROAD AS SHOWN ON THE PROPOSALS MAP PROVIDED THAT: |
| (a) |
THERE IS A PROVEN
NEED FOR THE DEVELOPMENT, WHICH CANNOT BE ACCOMMODATED WITHIN
CHESTERFIELD TOWN CENTRE; |
| (b) |
THE DEVELOPMENT IS
ACCEPTABLE ON TRAFFIC AND HIGHWAY GROUNDS; |
| (c) |
THE DEVELOPMENT DOES
NOT UNDERMINE THE VITALITY AND VIABILITY OF CHESTERFIELD TOWN
CENTRE AS A WHOLE NOR THAT OF OTHER CENTRES; |
| (d) |
GOOD QUALITY PEDESTRIAN
AND CYCLE LINKS TO THE TOWN CENTRE AND ADJOINING AREAS ARE PROVIDED; |
| (e) |
THE DEVELOPMENT IS
OF A HIGH QUALITY DESIGN WHICH IS APPROPRIATE TO ITS SURROUNDINGS
IN TERMS OF SCALE, DESIGN AND MATERIALS. |
| PLANNING PERMISSION
FOR RETAIL WAREHOUSES WILL BE SUBJECT TO CONDITIONS RESTRICTING
THE RANGE OR TYPES OF GOODS OR SERVICES TO BULKY HOUSEHOLD GOODS
AND DIY ITEMS. |
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| SHC4 NEW RETAIL
DEVELOPMENT ON LAND BETWEEN NEWBOLD ROAD AND SALTERGATE |
| LAND BETWEEN NEWBOLD
ROAD AND KNIFESMITHGATE IS ALLOCATED FOR NEW CONVENIENCE AND
NON-BULKY COMPARISON GOODS RETAIL FLOORSPACE AS PART OF A MIXED
USE REDEVELOPMENT SCHEME WITHIN THE TOWN CENTRE NORTHERN GATEWAY
AREA OF MAJOR CHANGE DEFINED IN POLICY GEN12 AND SHOWN ON THE
PROPOSALS MAP. PLANNING PERMISSION WILL BE GRANTED FOR RETAIL
DEVELOPMENT PROVIDED THAT: |
| (a) |
THERE IS A PROVEN
NEED FOR THE DEVELOPMENT, WHICH CANNOT BE ACCOMMODATED WITHIN
THE RETAIL CORE OF CHESTERFIELD TOWN CENTRE; |
| (b) |
THE DEVELOPMENT IS
ACCEPTABLE ON TRAFFIC AND HIGHWAY GROUNDS AND RESULTS IN A SIGNIFICANT
IMPROVEMENT TO THE HIGHWAY NETWORK IN THE HOLYWELL CROSS AREA; |
| (c) |
THE DEVELOPMENT DOES
NOT UNDERMINE THE VITALITY AND VIABILITY OF CHESTERFIELD TOWN
CENTRE AS A WHOLE NOR THAT OF OTHER CENTRES; |
| (d) |
GOOD QUALITY PEDESTRIAN
AND CYCLE LINKS TO THE TOWN CENTRE AND ADJOINING AREAS ARE PROVIDED; |
| (e) |
THE DEVELOPMENT IS
OF A HIGH QUALITY DESIGN WHICH IS APPROPRIATE TO ITS CONTEXT
IN TERMS OF SCALE, DESIGN AND MATERIALS AND PRESERVES OR ENHANCES
THE CHARACTER OF THE SURROUNDING CONSERVATION AREAS AND THE
SETTING OF LISTED BUILDINGS; |
| PROPOSALS MUST BE
ACCOMPANIED BY A GENERAL DEVELOPMENT FRAMEWORK FOR THE MIXED
USE SCHEME DEMONSTRATING HOW THE RETAIL FLOORSPACE INTEGRATES
WITH THE RETAIL CORE OF THE TOWN CENTRE AND CONTRIBUTES TO THE
COMPREHENSIVE REDEVELOPMENT OF THE AREA OF MAJOR CHANGE. |
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| Provision
for large format DIY retail store |
| 7.21 |
Although land is allocated
in Policy SHC3 for additional retail warehousing south of Markham
Road, there is no available, suitable or viable site for a large DIY
retail store within or on the edge of the town centre. The qualitative
benefits of providing such a store in the borough have been accepted
and although it is recognised that there is likely to be some adverse
impact on existing retail warehouses, the vitality and viability of
the town centre as a whole is unlikely to be affected. Therefore,
following an assessment of a range of possible out-of-centre locations,
land on the former Donkin/UEF site has been allocated for a large
format DIY retail store, as part of the comprehensive redevelopment
of the Donkin/UEF/Cylinders site, for a mix of office, retail and
residential uses, together with a local centre and new park. |
| 7.22 |
Development of a major DIY
warehouse in this location will consolidate the existing Alma leisure
park and the existing bulky goods stores immediately to the north
as well as the Ravenside retail warehouse park on Markham Road with
the development. As part of a comprehensive redevelopment of this
20 hectare 'gateway' site, there will be the opportunity to link both
with the large residential areas to the south as well as Chesterfield
town centre via a network of pedestrian and cycle routes. The site
is therefore, better placed than any other to maintain and enhance
the vitality and viability of Chesterfield town centre. |
| 7.23 |
On this basis planning permission
has been granted for the development of a 9,755 sq.m. (100,000 sq.ft.)
DIY retail store on the site, together with 2,325 sq.m (25,027 sq.ft)
of builders centre and 1,860 sq.m. (20,022 sq.ft.) of garden centre,
subject to conditions restricting the sale of goods and a Section
106 legal agreement. However, it is proposed to maintain the allocation
in this plan to ensure that the uses are not lost to other sites.
It is not considered that there is capacity for more than one such
store in the borough within the plan period. The council will not
grant permission for any additional retail floorspace on this site
nor any change in the type of goods to be sold. |
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| SHC5 LARGE FORMAT
DIY WAREHOUSE ON LAND AT DERBY ROAD |
| LAND ON THE FORMER
DONKINS/UEF SITE AT DERBY ROAD, AS IDENTIFIED ON THE PROPOSALS
MAP, IS ALLOCATED FOR A LARGE FORMAT DIY RETAIL WAREHOUSE. DEVELOPMENT
SHALL BE CARRIED OUT IN ACCORDANCE WITH THE PLANNING PERMISSION
GRANTED FOR OFFICE AND DIY RETAIL FLOORSPACE FOR THE SITE. PLANNING
PERMISSION WILL NOT BE GRANTED FOR ANY FURTHER RETAIL FLOORSPACE
ON THIS SITE. |
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| Other proposals
for retail development in edge-of-centre or out-of-centre locations
|
| 7.24 |
The council considers that
the sites identified in this plan for retail development provide sufficient
capacity in the most suitable locations to meet the retail needs of
the borough over the plan period. Therefore, the council does consider
there will be a need for any further major retail development in the
borough over the plan period. However, should other proposals come
forward they will be assessed in particular against the tests of need,
the availability of sequentially preferable sites and their impact
on the vitality and viability of existing centres, as specified in
PPS6. |
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| SHC6 OTHER PROPOSALS
FOR RETAIL DEVELOPMENT IN EDGE-OF-CENTRE OR OUT-OF-CENTRE LOCATIONS
|
| OTHER THAN ON THE
SITES IDENTIFIED IN THIS PLAN, PLANNING PERMISSION WILL NOT
BE GRANTED FOR FURTHER RETAIL DEVELOPMENT IN THE BOROUGH WITHIN
THE PLAN PERIOD UNLESS EVIDENCE HAS BEEN SUBMITTED TO THE LOCAL
PLANNING AUTHORITY WHICH DEMONSTRATES THAT THE FOLLOWING CRITERIA
CAN BE SATISFIED: |
| (a) |
THERE IS A PROVEN
NEED FOR THE DEVELOPMENT; |
| (b) |
THE PROPOSAL MEETS
THE SEQUENTIAL TEST FOR RETAIL DEVELOPMENT SET OUT IN PPS6; |
| (c) |
THE SCALE AND NATURE
OF THE DEVELOPMENT IS COMPATIBLE WITH THE SCALE, CHARACTER AND
FUNCTION OF THE CENTRE; |
| (d) |
THE PROPOSED DEVELOPMENT,
EITHER INDIVIDUALLY, OR CUMULATIVELY WHEN TAKEN TOGETHER WITH
RECENTLY COMPLETED DEVELOPMENTS AND OUTSTANDING PLANNING PERMISSIONS,
WOULD NOT MATERIALLY HARM THE VITALITY AND VIABILITY OF EXISTING
TOWN OR LOCAL CENTRES; |
| (e) |
THE ADDITIONAL TRAFFIC
WHICH THE DEVELOPMENT WOULD GENERATE CAN BE SATISFACTORILY AND
SAFELY ACCOMMODATED BY THE SURROUNDING ROAD NETWORK; |
| (f) |
THE DEVELOPMENT WOULD
BE EASILY ACCESSIBLE BY A CHOICE OF MEANS OF TRANSPORT; |
| (g) |
THE SITE WOULD BE
EASILY ACCESSIBLE FOR PEDESTRIANS AND PEOPLE WITH A DISABILITY; |
| (h) |
THE DEVELOPMENT IS
OF A HIGH QUALITY DESIGN WHICH IS SYMPATHETIC TO ITS SURROUNDINGS
IN TERMS OF SCALE, DESIGN AND MATERIALS; |
| THE LEVEL OF DETAIL
AND TYPE OF EVIDENCE SUBMITTED IN ACCORDANCE WITH THE REQUIREMENTS
OF THIS POLICY SHOULD BE PROPORTIONATE TO THE SCALE AND NATURE
OF THE PROPOSAL. FOR APPLICATIONS FOR RETAIL DEVELOPMENT OVER
2,500 SQ. METRES GROSS FLOORSPACE A FULL RETAIL ASSESSMENT WILL
BE REQUIRED. HOWEVER PROPOSALS FOR SMALL SHOPS AND EXTENSIONS
TO EXISTING SMALL SHOPS WHICH COMPLY WITH THE REQUIREMENTS OF
POLICY SC7 WILL NOT BE REQUIRED TO SUBMIT EVIDENCE THAT THEY
SATISFY THE ABOVE CRITERIA. |
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| New Small
Shops |
| 7.25 |
Small individual shops serve
an important role within the borough, particularly where they are
the only local shopping provision in a village or neighbourhood. Therefore,
whilst retail development outside existing centres and allocated sites
is generally contrary to policy, it might be appropriate to encourage
small, convenience shops in areas not well served by existing shopping
centres. Land at Derby Road, Grangewood, Walton and in the A61 Corridor
has been proposed for new local shopping in policy SHC2, but proposals
for small individual shops, either new buildings or changes of use,
or extensions to existing small shops in residential areas will also
be acceptable in principle, provided that they do not exceed 200 square
metres gross floorspace. |
| 7.26 |
In addition, in areas not well served by
existing centres, proposals for the redevelopment of small local shops
for other purposes will not be permitted, unless it can be shown that
the store is no longer viable. Evidence will need to demonstrate that
genuine attempts have been made to market the premises as a shop for
a period of at least 12 months and that suitable offers have not been
received. |
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| SHC7
NEW SMALL SHOPS |
| PROPOSALS FOR NEW
SMALL SHOPS, INCLUDING CHANGES OF USE AND EXTENSIONS TO EXISTING
SMALL SHOPS, NOT EXCEEDING 200 SQUARE METRES GROSS FLOORSPACE
WILL BE PERMITTED IN OUT-OF-CENTRE LOCATIONS PROVIDED THAT: |
| (a) |
THEY WOULD SERVE A
LOCAL CATCHMENT AREA ONLY; |
| (b) |
THEY WOULD NOT UNDERMINE
THE VITALITY AND VIABILITY OF EXISTING CENTRES SHOWN ON THE
PROPOSALS MAP; AND |
| (c) |
THEY ARE ACCEPTABLE
IN TERMS OF TRAFFIC GENERATION AND WILL NOT ADVERSELY AFFECT
RESIDENTIAL AMENITIES. |
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| SHC8
LOSS OF SMALL SHOPS |
| IN AREAS NOT WELL
SERVED BY EXISTING CENTRES, PROPOSALS FOR THE REDEVELOPMENT
OF SMALL LOCAL SHOPS WILL NOT BE PERMITTED, UNLESS IT CAN BE
SHOWN THAT THE STORE IS NO LONGER VIABLE. APPLICANTS WILL NEED
TO SUBMIT EVIDENCE TO DEMONSTRATE THAT GENUINE ATTEMPTS HAVE
BEEN MADE TO MARKET THE PREMISES AS A SHOP FOR A PERIOD OF AT
LEAST 12 MONTHS AND THAT SUITABLE OFFERS HAVE NOT BEEN RECEIVED. |
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| Trade Retail
and Showroom Uses |
| 7.27 |
Specialised outlets such as
builders and plumbers merchants, car and caravan showrooms, tyre and
exhaust centres are usually inappropriate in traditional shopping
centres. Locating such uses in primarily commercial areas should protect
amenity and provide opportunities for visits by public transport.
It is particularly important that such uses are restricted through
conditions to ensure that the shopping functions of defined centres
are not undermined. |
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| SHC9 TRADE RETAIL
AND SHOWROOM TYPE PREMISES |
| OUTSIDE THE DEFINED
CENTRES, PLANNING PERMISSION WILL BE GRANTED FOR SPECIALISED
OUTLETS SUCH AS BUILDERS AND PLUMBERS MERCHANTS, CAR AND CARAVAN
SHOWROOMS AND TYRE AND EXHAUST CENTRES, PROVIDED THAT: |
| (a) |
ANY RETAIL ELEMENT
IS ANCILLARY TO THE MAIN NON-RETAIL USE, AND; |
| (b) |
THE SURROUNDING AREA
IS PREDOMINANTLY COMMERCIAL OR INDUSTRIAL IN CHARACTER, AND |
| (c) |
THE SITE IS ACCESSIBLE
BY A CHOICE OF MEANS OF TRANSPORT |
| PLANNING PERMISSION
FOR SPECIALISED OUTLETS WILL BE LIMITED BY CONDITION OR SECTION
106 AGREEMENTS TO THE SALE OF A RESTRICTED RANGE OF GOODS AND
SERVICES IN ORDER TO PROTECT THE VITALITY AND VIABILITY OF THE
EXISTING DEFINED CENTRES. |
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| Food and Drink
Uses |
| 7.28 |
Town and local centres are
the most appropriate locations for food and drink uses, such as restaurants
and cafes (A3), pubs and bars (A4) and take-aways (A5), where they
can add to the vitality and viability of the centre. However, other
locations, which are potentially suitable include main roads well
served by a choice of means of transport, mixed use regeneration sites
and, to a more limited extent, employment areas. In all cases highway
safety and the amenities of residents need to be protected. |
| 7.29 |
In the case of proposals for
A4 premises which are likely to be licensed for the sale and consumption
of alcohol, such as pubs and bars, their impact on community safety
will also need to be considered, both on their own and cumulatively,
when taken together with other similar licensed premises in the area,
especially where the premises are likely to be open late at night.
The council recognises that the number type and density of premises
selling alcohol for consumption on the premises may, if unusually
concentrated in an area, give rise to serious problems of nuisance
and disorder. In situations where the police or the Community Safety
Partnership are concerned that community safety could be compromised
by the opening of a public house or bar, consideration will need to
be given as to whether the proposal could be made acceptable through
on-site or off-site measures to design out crime, including provision
of such as a contribution to CCTV, environmental improvements and
late night transport, and engagement in local initiatives such as
pub watch. The council will wish to see applicants discuss these measures
with the local planning and licensing authority at an early stage
prior to the submission of a planning application. Any such measures
which are required would need to be secured through the use of a legal
agreement or planning conditions as appropriate. |
| 7.30 |
In areas of the borough not well served
by existing centres, the council wishes to see existing individual
public houses and bars retained where they provide a service to the
local community. Therefore in such locations, proposals for the redevelopment
of existing public houses and bars will not be permitted, unless it
can be shown that the premises is no longer viable for its existing
use or an alternative local shopping or service use. Evidence will
need to demonstrate that genuine attempts have been made to market
the premises for its existing use or for an alternative local retail
or service use for a period of at least 12 months and that suitable
offers have not been received. |
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| SHC10 FOOD AND
DRINK USES |
| PLANNING PERMISSION
WILL ONLY BE GRANTED FOR NEW OR EXTENSIONS OF EXISTING FOOD
AND DRINK USES (CLASSES A3, A4 and A5) WITHIN EXISTING AND PROPOSED
CENTRES, OR AT MAIN ROAD LOCATIONS WELL SERVED BY A CHOICE OF
MEANS OF TRANSPORT, OR WITHIN MIXED USE REGENERATION SITES AND
IN EXISTING AND PROPOSED EMPLOYMENT AREAS PROVIDED THAT: |
| (a) |
THE SCALE AND APPEARANCE
OF THE PROPOSAL WOULD BE APPROPRIATE TO THE LOCALITY; |
| (b) |
THE PROPOSAL WOULD
NOT ADVERSELY AFFECT THE AMENITY OF RESIDENTS IN THE LOCALITY; |
| (c) |
IT WOULD
BE ACCEPTABLE IN TERMS OF HIGHWAY SAFETY; |
| (d) |
EITHER ON ITS OWN,
OR CUMULATIVELY WITH OTHER SIMILAR USES WITHIN THE AREA, IT
WOULD NOT GIVE RISE TO UNACCEPTABLE COMMUNITY SAFETY PROBLEMS
WHICH COULD NOT BE OVERCOME BY SUITABLE MEASURES TO IMPROVE
COMMUNITY SAFETY AND DESIGN OUT CRIME; |
| (e) |
IF LOCATED WITHIN
AN EXISTING CENTRE IT WOULD ACCORD WITH POLICY SHC1. |
| WHERE PLANNING PERMISSION
IS GRANTED FOR SUCH USES OUTSIDE OF EXISTING CENTRES, THE COUNCIL
WILL SEEK TO APPLY APPROPRIATE CONDITIONS TO REMOVE PERMITTED
DEVELOPMENT RIGHTS TO CHANGE THE USE TO A1 RETAIL IF IT IS CONSIDERED
THAT THIS WOULD HARM THE VITALITY OR VIABILITY OF NEARBY CENTRES.
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| SHC11 LOSS OF
EXISTING FOOD AND DRINK USES |
| IN AREAS NOT WELL
SERVED BY EXISTING CENTRES, PROPOSALS FOR THE REDEVELOPMENT
OF EXISTING A4 USES WILL NOT BE PERMITTED, UNLESS IT CAN BE
SHOWN THAT THEY ARE NO LONGER VIABLE. APPLICANTS WILL NEED TO
SUBMIT EVIDENCE TO DEMONSTRATE THAT GENUINE ATTEMPTS HAVE BEEN
MADE TO MARKET THE PREMISES FOR ITS EXISTING USE OR FOR AN ALTERNATIVE
LOCAL RETAIL OR SERVICE USE FOR A PERIOD OF AT LEAST 12 MONTHS
AND THAT NO SUITABLE OFFERS HAVE BEEN RECEIVED. |
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| Nightclubs |
| 7.31 |
Nightclubs are considered to
be suitable uses for town and local centres, where they make a contribution
to the vitality and attractiveness of centres in the evening, combining
with restaurants, pubs and bars. They are in a category of their own
(sui generis) use, requiring a mix of floorspace in A4 drinking use
and D2 assembly and leisure/use for live music and dancing. Similar
considerations as apply to A4 uses will need to apply to planning
applications for nightclubs, particularly in respect of residential
amenity, highway safety and community safety. In terms of community
safety, the council will need to consider their impact both on their
own and cumulatively, when taken together with other licensed premises
in the area, especially where the premises are likely to be open late
at night. The council recognises that the number type and density
of premises selling alcohol for consumption on the premises may, if
unusually concentrated in an area, give rise to serious problems of
nuisance and disorder. Within Chesterfield town centre, particular
care should be taken in locating nightclubs in the areas outside of
the retail core, where there are nearby residential streets and properties
that could be disturbed. Similar considerations would apply to locations
on the edge of other centres. |
| 7.32 |
In situations where the police
or the Community Safety Partnership are concerned that community safety
could be compromised by the opening of a nightclub, consideration
will need to be given as to whether the proposal could be made acceptable
through off-site measures such as a provision of CCTV surveillance,
environmental improvements or late night transport and engagement
in local initiatives such as pub watch. The council will wish to see
applicants discuss these measures with the local planning and licensing
authority at an early stage prior to the submission of a planning
application. Any such measures which are required would need to be
secured through the use of a legal agreement or planning conditions
as appropriate. |
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| SHC12 NIGHTCLUBS |
| PLANNING
PERMISSION WILL BE GRANTED FOR NEW OR EXTENSIONS OF EXISTING
NIGHTCLUBS WITHIN EXISTING AND PROPOSED CENTRES, PROVIDED THAT: |
| (a) |
THE SCALE AND APPEARANCE
OF THE PROPOSAL WOULD BE APPROPRIATE TO THE LOCALITY; |
| (b) |
THE PROPOSAL WOULD
NOT ADVERSELY AFFECT THE AMENITY OF RESIDENTS IN THE LOCALITY; |
| (c) |
IT WOULD
BE ACCEPTABLE IN TERMS OF HIGHWAY SAFETY; |
| (d) |
EITHER ON ITS OWN,
OR CUMULATIVELY WITH OTHER SIMILAR USES WITHIN THE AREA, IT
WOULD NOT GIVE RISE TO UNACCEPTABLE COMMUNITY SAFETY PROBLEMS
WHICH COULD NOT BE OVERCOME BY SUITABLE MEASURES TO IMPROVE
COMMUNITY SAFETY AND DESIGN OUT CRIME; |
| (e) |
IT WOULD
ACCORD WITH POLICY SHC1. |
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| Amusement
centres and casinos |
| 7.33 |
Amusement centres and casinos
are defined in categories of their own (sui generis) use. Particular
care needs to be taken in the location of such uses within the borough.
Whilst they can be located within existing centres where they can
contribute to the vitality and viability of a centre, particularly
to its attractiveness as a destination for leisure and entertainment,
they can have an unacceptable impact on residential amenity due to
noise, upon visual amenity due to the need for illuminated signage
and on commercial vitality and viability of shopping areas if they
are only open during the evening. Government advice therefore is that
amusement centres should not be located in primary retail areas close
to housing or near to schools, churches, hospitals and hotels. Recent
research associated with the publication of the Gaming Bill has suggested
that large casinos should not be located close to housing, places
of work or schools, due to the their social implications related to
problem gambling. Therefore, proposals for amusement centres and casinos
will be considered subject to the following policy. |
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| SHC13 PROPOSALS
FOR AMUSEMENT CENTRES AND CASINOS |
| PLANNING
PERMISSION WILL BE GRANTED FOR PROPOSALS FOR AMUSEMENT CENTRES
AND CASINOS PROVIDED THEY SATISFY THE FOLLOWING CRITERIA: |
| (a) |
IF LOCATED WITHN AN
EXISTING CENTRE IT WOULD NOT BE WITHIN A PRIMARY SHOPPING FRONTAGE
AND WOULD NOT HARM THE OVERALL VITALITY AND VIABILITY OF THE
CENTRE; |
| (b) |
IT WOULD NOT BE LOCATED
CLOSE TO HOUSING, SCHOOLS, CHURCHES, HOSPITALS OR HOTELS AND,
IN THE CASE OF LARGE CASINOS, PLACES OF WORK; |
| (c) |
IT WOULD
BE ACCEPTABLE IN TERMS OF TRAFFIC AND HIGHWAY SAFETY; |
| (d) |
IT WOULD
NOT HARM VISUAL AMENITY; |
| (e) |
IN GENERAL
IT WOULD NOT CAUSE HARM TO THE AMENITIES OF SURROUNDING LAND
USES BY REASON OF NOISE OR OTHER DISTURBANCE. |
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| Major Leisure
Development |
| 7.34 |
Leisure facilities, such as
cinemas, theatres, bowling, health and fitness centres, bingo halls
and other large leisure uses falling within Class D2 of the Use Classes
Order, can also play an important role in maintaining and enhancing
the vitality and viability of town and district centres. They can,
if appropriately located, provide a key part of the visitor attraction
of shopping centres, complementing the retail function and extending
the stay of shoppers, enabling linked trips for a variety of activities. |
| 7.35 |
Government guidance in PPS6
is clear that such major generators of travel should be located within
or on the edge of existing centres, where access by a choice of means
of transport is easy and convenient. Within the borough, although
no specific sites within existing centres are identified for leisure
uses, in terms of the PPS6 sequential test, the most appropriate locations
for the type of major leisure uses listed above are sites within or
on the edge of Chesterfield and Staveley town centres and the district
centres at Whittington Moor and Chatsworth Road. |
| 7.36 |
The plan does identify two key opportunities
for leisure uses on or close to the edge of existing centres, within
the A61 Corridor and the Town Centre Northern Gateway Areas of Major
Change. In particular, the planning brief for the A61 Corridor identifies
the Dema Glass site for major new leisure provision. Opportunities
may also exist within the Area of Major Change to the south of Chatsworth
Road, subject to Policy GEN13. Further detailed guidance will be set
out in the planning briefs for these areas. |
| 7.37 |
In all cases government guidance requires
that proposals for leisure uses which are likely to attract many trips
and which are proposed in edge of centre or out of centre locations
must demonstrate a need for the proposal and satisfy the PPS6 sequential
test. Accordingly, proposals for D2 leisure uses will be considered
against the following policy (except for D2 nightclub and casino uses
which will remain subject to policies SHC12 and SHC13). |
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| SHC14 LEISURE
PROPOSALS |
| PLANNING PERMISSION WILL BE GRANTED FOR CLASS D2 LEISURE USES ON SUITABLE SITES WITHIN THE BOROUGH’S TOWN AND DISTRICT CENTRES. PROPOSALS FOR CASINO USES ARE COVERED BY POLICY SHC13 : |
| WHERE
THERE ARE NO SUITABLE SITES WITHIN EXISTING CENTRES, CLASS D2
LEISURE PROPOSALS WILL BE CONSIDERED ON SITES ON THE EDGE OF
THE TOWN AND DISTRICT CENTRES AND WITHIN THE AREAS OF MAJOR
CHANGE SUBJECT TO POLICIES GEN11, 12 AND 13 AND PROVIDED THAT
THERE IS A PROVEN NEED FOR THE DEVELOPMENT. |
| PLANNING
PERMISSION WILL NOT BE GRANTED FOR CLASS D2 LEISURE PROPOSALS
IN OUT OF CENTRE LOCATIONS UNLESS THERE IS A PROVEN NEED FOR
THE DEVELOPMENT AND THERE ARE NO OTHER SUITABLE SITES AVAILABLE
IN THE SEQUENTIALLY PREFERABLE LOCATIONS IDENTIFIED ABOVE. |
| ALL PROPOSALS
FOR CLASS D2 LEISURE PROPOSALS MUST ALSO SATISFY THE FOLLOWING
CRITERIA: |
| (a) |
THE SCALE AND NATURE
OF THE PROPOSAL WOULD BE COMPATIBLE WITH THE SCALE, CHARACTER
AND FUNCTION OF THE CENTRE OR LOCATION; |
| (b) |
IT WOULD NOT ADVERSELY
AFFECT THE AMENITY OF RESIDENTS IN THE LOCALITY; |
| (c) |
THE ADDITIONAL
TRAFFIC GENERATED BY THE DEVELOPMENT CAN BE SATISFACTORILY AND
SAFELY ACCOMMODATED ON THE SURROUNDING ROAD NETWORK; |
| (d) |
THE DEVELOPMENT
WOULD BE EASILY ACCESSIBLE BY A CHOICE OF MEANS OF TRANSPORT; |
| (e) |
IT WOULD
BE OF A HIGH QUALITY DESIGN WHICH WOULD BE SYMPATHETIC TO ITS
SURROUNDINGS AND ENHANCE THE APPEARANCE OF THE AREA; |
| (f) |
THE SITE
IS NOT ALLOCATED FOR ANOTHER LAND USE. |
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