City of Derby Local Plan Review - Revised Deposit Autumn 2002 - Header Graphic
 
   

Chapter 8

SHOPPING
   

Introduction
8.1 Retailing is of great importance to Derby's economy and its people. The City has a long established hierarchy of traditional shopping centres, dominated by the City Centre and supported by a network of District and Neighbourhood Centres. These centres perform important functions which the Plan aims to nurture and protect. The City also contains a wide range of out-of-centre shopping facilities, including foodstores and retail warehouses, primarily in the form of three large 'retail parks'.
8.2 The Plan sets a retail strategy, consistent with the Structure Plan and Government guidance in PPS6 (Planning for Town Centres), which includes the definition of a hierarchy of traditional centres to be protected and enhanced. Criteria are identified against which all applications for new retail development will be assessed, including the key tests of need, sequential approach and impact. There are specific policies covering District Centres, Neighbourhood Centres and Small Shops.
8.3 The Plan also recognises the special locational requirements of some forms of retailing, especially bulky goods and goods requiring large showrooms. Specific out-of-centre retail parks have been identified for these purposes, and whilst these support the retail hierarchy, they do not form part of it. The Plan seeks to limit the types of goods and services that can be sold from out-of-centre locations.
8.4 Finally, there are policies to guide the development of two uses closely related to retailing: financial and professional services (Use Class A2) and food and drink (Use Class A3, A4 and A5).
   
 

Retail Strategy
  S1 Shopping Hierarchy   (Click here to see map)
  The City Council’s strategy is to promote sustainable shopping patterns and maintain access to the full range of shopping facilities in the defined shopping hierarchy for all sections of the community. It therefore seeks to sustain and enhance centres within the hierarchy and prevent development which would undermine this aim. The shopping centre hierarchy is defined as being the:
 
  • City Centre;
  • District Centres & Normanton Road Linear Centre; and
  • Neighbourhood Centres.
  All centres within the hierarchy are defined on the Proposals Map.
  Some forms of retailing may be difficult to operate within existing centres and therefore the strategy identifies out-of-centre locations which complement the shopping centre hierarchy and includes policies to maintain this relationship.
   
8.5 This policy establishes the Plan's overall retail strategy. Reflecting national guidance in PPS6, it seeks to promote the City Centre and other traditional centres as the main locations for a wide range of retail and other services. The City Centre has a sub-regional role with a particular emphasis on high quality comparison goods, especially for 'leisure' shopping. The Plan also identifies a further 13 District Centres and around 50 Neighbourhood Centres as part of the shopping centre hierarchy. District Centres provide a wide range of local shopping facilities as well as other services and community uses. They tend to have wider catchment areas and often provide the primary food shopping location for nearby residential areas. Neighbourhood Centres are smaller and concentrate on the provision of basic essential goods. These usually have far tighter catchment areas, primarily providing 'top-up' facilities and other community services to local residents. The centres are all listed in Appendix D. Protecting the vitality and viability of these centres helps to reduce social exclusion by ensuring that all members of the community, including those without cars, have easy access to a wide range of facilities. Most households are within 400 metres of one of these centres, which is a reasonable walking distance, thus reducing car dependence. The maintenance of the hierarchy, therefore, makes an important contribution to sustainable development objectives.
8.6 It is recognised that the sale of certain types of goods from centres within the hierarchy would be difficult. Six out-of-centre retail locations, identified in Policy S8, provide a complementary role for the sale of certain bulky goods.
  S2 Retail Location Criteria
  Planning permission will only be granted for retail development, discount clubs (or other wholesale development which is not exclusively for traders) provided that the proposal does not, either by itself or cumulatively with other proposals:
  a. Undermine the strategy and objectives of the Local Plan; or
  b. Undermine the vitality and viability of existing centres within the shopping centre hierarchy.
  When requested, proposals should be accompanied by a retail assessment.
  In the case of proposals within defined centres:
  c. The proposal is compatible with the scale, nature and function of the centre.
  In the case of proposals outside defined centres, the Council is satisfied that;
  d. The applicant has established a need for the development.
  e. The applicant has demonstrated that the identified need cannot be accommodated within relevant centres of the defined hierarchy. If this is established, then second preference should be for suitable edge-of-centre sites, followed by existing out-of-centre locations defined in Policy S8. New out-of-centre locations will only be considered when all other alternatives have been fully evaluated.
    The relevant centres in which to search for suitable sites or buildings will depend on the nature and scale of the proposal and the catchment area that the development seeks to serve.
  f. The site is easily accessible by alternative modes of transport to the car, including public transport, foot and cycle and the proposal does not unacceptably add to the overall number and length of car trips.
  g. There would be no unacceptable loss of land allocated for other uses; and
  h. The types of goods sold would be acceptable under Policy S9.
   
8.7 This policy complements the strategy set out in S1. It reflects PPS6 and the Structure Plan by supporting the defined shopping centre hierarchy as the most sustainable locations for new retail development and setting out criteria against which shopping proposals can be considered. It also complements the Council's objectives of regenerating the City Centre and promoting its regional significance.
8.8 Applications for retail development in out-of-centre locations, including those designated in the Local Plan and proposals to broaden the range of goods sold from existing retail units, will be subject to the three 'tests' of need, sequential approach and impact. There must be a proven need for the proposal if it is outside the shopping centre hierarchy. There is not yet a widely accepted definition of 'need' in retail planning terms. As such, the Council will assess any proposals on their merits. Provided the City Council accepts there is a 'need', a sequential approach to site selection should be demonstrated as set out in the policy. Applicants should evaluate all opportunities within existing centres of the hierarchy and give valid reasons why proposals cannot be accommodated within them. Assessments should include analysis of the suitability of sites, whether they are likely to become available within a reasonable period of time and whether they are viable for the proposed use. When considering which are the relevant centres to be examined, the location, scale and nature of the proposal and the 'need' identified will be taken into account. For example, where development will serve a City-wide catchment or 'need', first preference should be the City Centre. The preferred format of a retailer should not be used as a reason for disregarding in-town opportunities. Donaldsons have undertaken an assessment of the capacity for new retail floorspace in the City. This is important in terms of assessing 'need' for new proposals. Their report concludes that there is currently capacity for additional comparison floorspace within the City Centre. The assessment also states that there is currently an oversupply of retail warehouse floorspace. Although capacity has been identified for new retail warehouse development by the end of the Plan period, extant permissions already cater for more than the amount specified. Similarly, the assessment identified that the City is currently well served by supermarkets / superstores with only limited capacity for additional development by the end of the Plan period. It is likely that recent permissions for new convenience floorspace have already taken up this capacity.
8.9 The Council will request a full retail assessment for any out-of-centre retail scheme of over 2500 square metres gross floorspace. Where it considers that significant adverse effects on the existing shopping centre hierarchy may result from a smaller development proposal, an assessment will also be required. Structure Plan Town Centre and Shopping Policy 2 (New Development in Existing Centres) states that proposals must not undermine other nearby centres. To ensure that this does not happen, assessments will also be requested for proposals within existing centres where the Council feels there may be some impact or where additional information is needed to help determine the application. All statements should include details of the expected catchment area for the proposal, a quantitative and qualitative assessment of 'need', details of the site selection process and an assessment of individual and cumulative impact of the proposal. The Donaldson's report identified only limited capacity for additional convenience floorspace. However, the Inspector who held the Local Plan Inquiry, found there to be capacity for an additional 2,800 m2 of this. The Council has reconsidered its retail strategy and has made two new allocations for retail floorspace. These are at the former Friar Gate Goods Yard (R2) and Heatherton Neighbourhood Centre (H9). Together, these allocations will meet the additional capacity identified at the Inquiry.
8.10 The Local Plan Review must ensure that there is sufficient land to meet the City's needs for other uses and that sensitive sites and areas are protected. As such, retail development will not be permitted where it would result in an unacceptable loss of land allocated for other uses. Where such schemes are proposed, other relevant policies, including those covering the allocation, will be used to determine if the proposal would constitute an 'unacceptable' loss of land.
   
 

Defined Centres
  S3 District and Neighbourhood Centres   (Click here to see map)
  Within the District and Neighbourhood Centres defined on the Proposals Map, planning permission will be granted for shops (A1) and other complementary uses serving a local need, provided that:
  a. The proposal is compatible with the general scale, nature and function of the Centre.
  b. The proposal would not detract from the Centre’s vitality or viability by means of:
   
  • Reducing the proportion of existing or committed ground floor frontage in A1 usage;
  • Separating important shop or service units; or
  • Introducing uses not open to the public.
  c. Wherever practicable, a shop front or display of visual interest is maintained.
  Office (B1) and residential (C3) proposals will be permitted on first floors and above. Such uses will also be acceptable in ground floor locations, where these are on the periphery of centres and where the Council is satisfied that it would combat long term vacancy and would not result in an adverse effect on the vitality and viability of the Centre.
   
8.11 The policy tries to maintain the retailing function of District Centres, while recognising that other uses can contribute to their vitality and viability. The appropriateness of non-shopping uses will be considered on their merits and care will be taken to ensure that changes from shopping to non-shopping uses do not undermine the vitality of a Centre as a whole. Although Residential accommodation could adversely affect the vitality of local centres if it was located within commercial frontages, it is welcomed above ground floor level. Encouraging 'Living Over the Shop' can bring additional vitality to centres, making them safer, and bringing vacant and underused space back into use. Exceptionally, residential uses may be allowed at ground floor level on the edge of, but within, District Centres, where there are persistent problems of vacancy.
8.12 District Centres serve relatively large residential areas and have good public transport links. Usually, they contain a range of local shopping facilities, such as supermarkets, newsagents, small convenience stores, post offices and chemists. They often include a number of non-shopping uses which complement the main shopping function. These include hot-food shops, restaurants, banks, building societies, as well as community uses, leisure uses and religious buildings. The City Council recognises the important role that District Centres have and wishes to promote their health and diversity.
8.13 The policy recognises the local shopping function of Neighbourhood Centres and tries to ensure it is maintained. However, other non-A1 uses can also contribute to this vitality and, in some circumstances, can help keep centres viable in the long term. Neighbourhood Centres should have at least four units in core uses. Residential conversions at first floor level and above are considered to be beneficial. However, changes of use to housing at ground floor level would undermine the local shopping function and will only be permitted on the periphery of Centres where there is a persistent vacancy problem. Appropriately sized supermarkets may also be permitted in Neighbourhood Centres, subject to adherence to other policies in the Plan, including S2.
8.14 Locating and protecting shopping, local services and community facilities within District and Neighbourhood Centres helps to limit the need to travel by private car, reducing pollution and congestion and helping trips by foot and by bike. They are also of benefit to less mobile people and are very important in addressing social exclusion since they are highly accessible to people who do not have access to a private car.
  S4 Proposed Neighbourhood Centres   (Click here to see map)
  Land is allocated for a new Neighbourhood Centre, including community facilities, to serve the major housing proposals at West Chellaston (H5 and H10).
  Planning permission will be granted for an extension to Heatherton Neighbourhood Centre to facilitate additional floorspace identified by Policy H9 or justified through Policy S2.
  Planning permission will only be granted for retail development of a scale or type which would not adversely impact on the vitality and viability of existing District or Neighbourhood Centres in the vicinity.
  Planning permission for alternative development will not be granted unless;
  a. The City Council is satisfied that sufficient provision has been made for a Neighbourhood Centre; and
  b. The City Council is satisfied that there is no need or demand for the use of the remaining part of the site for community uses.
   
8.15 When major new housing developments are planned, it is important that residents have good access to local shopping facilities. The scale of housing development proposed at West Chellaston justifies the provision of new retailing facilities in this area. Policy H9 requires the expansion of Heatherton Neighbourhood Centre to include additional convenience retail floorspace of around 1000m2. Its Reasoned Justification also states that more floorspace may be acceptable if this can be justified in terms of Policy S2. Expanded facilities may require an extension to the Neighbourhood Centre. Appropriately sized supermarkets may be permitted at both Centres subject to adherence to other policies in the Plan, including S2.
  S5 Small Shops
  In locations which are more than 400m from a District Centre, a Neighbourhood Centre, or defined out-of-centre locations, planning permission will be granted for small shops provided the proposal would not, either individually or cumulatively with similar development, undermine the vitality and viability of the centres of the defined hierarchy.
   
8.16 While retail development outside existing centres is generally undesirable, it might be appropriate to encourage small shops in areas not well served by existing shopping centres or out-of-centre locations. Areas that are more than 400 metres from a designated centre are considered to be deficient. Small shops permitted in areas of deficiency should generally not exceed 100 square metres gross floorspace, so that they are not likely to impact on the vitality and viability of existing centres.
  S6 Extensions to Small Shops
  Outside the defined shopping centre hierarchy and out-of-centre locations, planning permission will be granted for limited extensions within their existing curtilage to small shops provided the Council is satisfied that the expansion would not undermine the vitality and viability of an existing centre.
   
8.17 In areas outside the defined centres in the shopping centre hierarchy individual, or 'corner shops' can provide a valuable local service, especially in areas that are not well served. Where possible, such units should be able to expand to enhance their own viability and the local service they offer. As a general rule, an expansion of up to 50% of the original floorspace will be acceptable, although this may vary depending on local factors such as the proximity of any defined centres. Expansion that could individually or cumulatively impact on existing centres of the shopping centre hierarchy will not be acceptable.
   
  S7 Conversion of Shops
  In locations outside the defined shopping centre hierarchy, planning permission will be granted for the conversion of shop units to residential or other uses compatible with the nature of the locality provided that it would not lead to an unacceptable loss of basic local shopping facilities from the area.
   
8.18 Although it is recognised that small shops outside the retail hierarchy offer a vital shopping function, there may be circumstances when the units are no longer viable for retail use. Providing that there are other shopping facilities in the vicinity, it is desirable for vacant premises to be bought back into use, particularly for residential uses. It is, however, important to ensure that all members of the community have access to adequate shopping facilities. Therefore, in areas where there is an existing shopping deficiency, or where a deficiency would result from the proposal, loss of units through conversion would be unacceptable.
   
 

Out-of-Centre Retail Development
  S8 Out-of-centre Retail Parks and Other Locations
  Planning permission will be granted for limited extension or consolidation of existing retail development within the following out-of-centre retail parks and other out-of-centre locations, subject to the application of the criteria in Policy S2 and Policy S9:
  1. Kingsway Retail Park;  (Click here to see map)
  2. The Meteor Centre;  (Click here to see map)
  3. The Wyvern Centre;  (Click here to see map)
  4. Asda, Spondon;  (Click here to see map)
  5. Osmaston Park Road;  (Click here to see map)
  6. Manor Road.  (Click here to see map)
   
8.19 The retail strategy seeks to support the traditional centres of the hierarchy by channelling new retail development into them. However, the Council recognises that some retail operators need an out-of-centre location to operate. These are primarily concerns selling 'bulky goods' which may be difficult to locate within traditional centres. Six existing off-centre retail locations have been identified which offer some scope for extensions or consolidation of existing development. Locating new out-of-centre development at these existing sites is preferable to the establishment of new locations in view of the opportunity for 'linked' trips. All applications will still be subject to the 'tests' set out in Policy S2.
8.20 Donaldsons published a report in December 2000 on the capacity for new retail development in the City. This confirmed that there was little need for new out-of-centre floorspace beyond that already built or identified in the Plan. However, subsequent planning permissions within designated out-of-centre locations more than satisfy the City-wide capacity identified by Donaldsons.
  S9 Range of Goods and Alterations to Retail Units
  Planning permission for any shop (A1) unit outside the existing shopping centre hierarchy will be subject to conditions preventing:
  a. The sale of the following goods and services within the A1 Use Class:
    Clothes; Footwear; Fibres and Textiles for clothing; Toys and Non-Bulky Sports Goods and Sportswear; Ornaments, Silverware, China, Glassware and Giftware; Musical Instruments; Books and Recorded Material; Stationary, Artwork Supplies and Greetings Cards; Jewellery, Watches and Clocks; Photographic and Optical Goods; Post Offices; Pharmacies; Travel Agencies and Travel Goods and any other use that cannot demonstrate a need to operate from an out-of-centre location.
  b. The subdivision or merging of units and provision of mezzanine floors.
  Outside designated out-of-centre locations (Policy S8), planning permission will not be granted to broaden the range of goods and services currently permitted.
  Within designated out-of-centre locations (Policy S8) conditions will be applied restricting the goods that can be sold to:
    DIY Goods; Furniture, Carpets and Soft Furnishings; Bulky Electrical Goods.
   
8.21 The City Council's strategy is to ensure that there are complementary roles for traditional centres and out-of-centre locations. It seeks to promote traditional centres, especially the City Centre, as the most desirable location for new investment. In particular, it seeks to protect the role of traditional centres for the sale of comparison and fashion related goods and the district and local centres for convenience goods and services.
8.22 Policy S8 recognises that the sale of some 'bulky goods' can be more effectively achieved from purpose built out-of-centre locations. However, restrictions are needed on what can be sold from these stores to ensure that the overall retail strategy is not undermined. The restricted goods and services set out in the policy include those items that the Council considers to be essential to the vitality, viability and long term prospects of the traditional centres in the hierarchy and for which it is considered an out-of-centre location is unnecessary. The sale of these goods from out-of-centre locations would undermine the aims of supporting and regenerating the traditional centres, working against sustainability and social inclusion objectives.
8.23 The list of goods that will be permitted for sale in designated out-of-centre locations represent those items which, in view of their 'bulkiness' are more acceptable in such locations. In between these two specific categories, there are other goods and services which may or may not be appropriate in an off-centre context depending on their specific circumstances, including food retailing. In such cases, the tests outlined in Policy S2 will be applied in order to ensure the Plan's retail strategy and objectives would not be undermined.
8.24 In view of the concerns expressed above, planning permission will not normally be granted to broaden the range of goods already permitted for sale from existing out-of-centre retail premises outside defined retail parks, which tend to have permissions allowing the sale of only a very limited range of products.
8.25 In considering applications for new retail units, or the change of use of existing units to retail use, the City Council will impose conditions to ensure that the character or scale of a development does not subsequently change without being subject to the tests of Policy S2. In particular, conditions will be used to prevent the sub-division of large units into smaller shops; and the enlargement of units either by merging with an adjacent unit or by the creation of additional floorspace within the building (e.g. the addition of a mezzanine floor).
  S10 Trade and Showroom Type Sales
  Outside the defined shopping centre hierarchy, planning permission will be granted for trade and showroom-type sales (namely, garden centres, car and caravan showrooms, petrol filling stations, tyre and exhaust centres, and trade only wholesalers such as builders and plumbers merchants) provided that:
  a. The surrounding area is predominantly commercial or industrial in character, and where appropriate;
  b. It is accessible by a choice of means of transport.
  Conditions will be attached to permissions preventing any subsequent change of use to other retail purposes. Planning conditions will be imposed to restrict retail floorspace or the range of goods sold from petrol filling stations.
   
8.26 Specialised and extensive outlets, of the type listed in the Policy, are often inappropriate in traditional shopping centres and difficult to accommodate in out-of-centre retail parks. Other out-of-centre locations may therefore be acceptable, provided proposals meet the other relevant policies of the Plan. Locating such proposals in primarily commercial areas should protect amenity and provide opportunities for visits by public transport.
8.27 In order to ensure that defined shopping centres are not undermined, conditions will be attached to any permission to prevent general retail sales and / or the goods sold. The imposition of conditions is particularly important with petrol filling stations which often have sales areas more akin to small general convenience stores. An uncontrolled proliferation of such uses could be detrimental to the Plan's retail strategy.
  S11 Factory Shops
  Planning permission will be granted for factory shops where:
  a. The premises are included within the curtilage of and are ancillary to the manufacturing unit which produces the goods intended to be sold; and
  b. Visiting customers can be accommodated without generating problems of vehicular access and parking on the premises or on the adjacent highway.
  Planning permission will be granted subject to conditions restricting the goods sold to those manufactured on the site and preventing the sale of goods imported or manufactured elsewhere.
   
8.28 Factory shops allow the sale of a manufacturer's output direct to the visiting public. They can provide a useful outlet for the goods made on particular premises and can provide beneficial competition to other retail sectors. However, if they are allowed to proliferate in an uncontrolled manner they could undermine the vitality and viability of centres within the defined shopping centre hierarchy, undermine the retail strategy and work against the Plan's sustainability objectives. This would cause particular problems if goods were sold which are not made on the premises. In such cases, the factory shops would operate as a straight forward retail operation and, in an out-of-centre location, this would be contrary to the retail strategy.
  S12 Financial and Professional Services and Food and Drink Uses
  Financial and Professional Services (A2) and Food and Drink uses (A3, A4, A5) will be permitted within, and on the edge of centres in the defined shopping centre hierarchy provided that it would not lead to a concentration of such uses likely to undermine the vitality and viability of the Centre.
  Outside these centres, planning permission will only be granted where;
  a. A need for additional local facilities has been established which cannot be met within, or on the edge of, a nearby existing centre;
  b. The site is on a main road location with good access to the site by the full range of transport modes and where the proposal would not compromise the safe movement and free flow of traffic;
  c. There would be no unacceptable loss of land allocated for other uses.
  Conditions will be imposed to prevent changes of use to another retail purpose.
  In all areas, planning permission will not be granted for A3, A4 or A5 proposals which would cause unacceptable harm to the amenity of nearby areas, whether residential or otherwise.
  In relation to permissions for A3, A4 or A5 uses, conditions requiring the installation of efficient ventilation systems; incorporation of sound insulation and the limitation of opening hours will normally be imposed to protect amenity.
   
8.29 It is important that services such as banks and building societies and facilities such as public houses, restaurants cafes and hot food takeaways are easily accessible by the public. Like shops, they are best situated in traditional shopping centres with good links by bus, cycle or foot.
8.30 PPS6 states that the sequential approach used to consider retail applications should apply to other key town centre uses, including commercial and public offices, and pubs and restaurants. If an out-of-centre location is proposed, applicants should demonstrate that a need exists which cannot be met within an existing centre. Applicants must show that suitable sites or units are not available within traditional centres and that the proposed site is on a main road location, accessible by a choice of means of transport. Should permission be granted in an out-of-centre location, conditions will be imposed to prevent general retail sales (A1) in order to ensure that the role and function of defined centres is not undermined.
8.31 It is also possible, that an over-concentration of such uses within some shopping centres could damage vitality and viability due to a serious loss of shopping function, or through impacts on the quality of the environment and character of an area and environmental problems such as smells and disturbance. Hot food takeaways, in particular, can cause a serious nuisance to nearby residents and the occupants of other properties.
8.32 Impact on amenity is always an important issue in considering food and drink in proposals. Where amenity would be seriously damaged by a proposal, permission will be refused.
8.33 Conditions can often be placed upon planning permissions to protect amenity. Noise disturbance, smells and fumes can be controlled through the limiting of opening hours and through use of fume extraction and filtering equipment. The City Council will require the best practicable means of fume extraction and filtering to be applied where there will be cooking equipment in premises near to residences.
 
 
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