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Policy S2: Diversification of Uses Within Existing Centres

1. Proposals for new buildings, or for the change of use or alteration of existing buildings, to provide town centre uses (as defined in Appendix 7) within existing town and district centres will be permitted provided that the following criteria are met:

a) The proposal would be compatible with the scale and role of the centre and would not have a detrimental impact on the retail function of the centre;

b) The proposal would not result in a grouping of uses which would have a negative impact on the character of the centre;

c) The use would not (by reason of smells, noise, visual intrusion or general disturbance) have a detrimental impact on the environment of the surrounding area; or on the amenity of any neighbouring residents; and

d) The proposal would not cause or exacerbate on-street parking, traffic or amenity problems.

Food and drink uses

2. Proposals for new buildings, or for the change of use or alteration of existing buildings, to provide food and/or drink uses (use classes A3, A4 and A5) within existing centres will be expected to meet the criteria listed above in relation to other non-retail uses and the following additional criteria:

a) Any external ventilation and extractor systems which are necessary would be provided without causing harm to the external appearance of the building or street scene and would not harm the amenity of neighbouring properties through noise or odour; and

b) The proposal will not be permitted in a local centre or in any property (either within or outside an existing centre) that is close to existing or proposed residential uses unless the applicant has submitted convincing evidence that the impact on residential amenity would be acceptable.

Residential uses

3. In the case of proposals for residential use, the applicant must demonstrate that existing uses in properties near to, above or below the application property would not cause significant problems of noise, smells or general disturbances to future occupiers.

Explanation S2

The need to diversify Knowsley’s centres

7.19

In Knowsley’s town and district centres generally there is inactivity after 6.00pm when the majority of shops, banks and offices are closed. Some of the centres include significant amounts of vacant or under-used floorspace. In Prescot, the problem is complicated by the ageing nature of some of the buildings, and the need to preserve the historic fabric of the town centre.

7.20

The introduction of non-retail uses (either at ground floor or upper floor level) can make an important contribution to the regeneration of the local area, attracting more visitors and increasing personal safety by increasing activity in the evenings. The introduction of uses such as childcare facilities, health and social care and education and training facilities can also contribute to the interests of “social inclusion”, making these uses available in centres which by their nature are accessible to local people.

The need to protect vitality and amenity

7.21

The uses listed in policy S2 will, however, only be permitted if they would meet the safeguards listed in the policy. For example, the uses must be appropriate to the scale, role and function of the centre concerned. Shopping frontages will not be allowed to become dominated by non-retail uses, particularly where these would be closed, and therefore create dead frontages, in the daytime. Significant groupings of similar uses will be avoided where these would have a negative cumulative effect on the character of the area.

Food and Drink Uses

7.22

Food and/or Drink uses are defined within Use Classes A3, A4 and A5 of the Use Classes Order, as amended by the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005. The amended Use Class A3 (Restaurant and Cafes) covers the sale of food and drink for consumption on the premises e.g. restaurants, snack bars, cafes. Use Class A4 (Drinking establishments) covers use as a public house, wine bar or other drinking establishments. New Use Class A5 (Hot food takeaways) covers the sale of hot food for consumption off the premises. None of the categories include nightclubs, which are considered to be in a class of their own (such uses are known as being “sui generis”).

7.23

These and some other non-retail uses (e.g. amusement centres) can cause disturbance and noise by the coming and going of car borne visitors, customers and delivery vehicles, litter, and smells from food preparation, often late at night. Uses which are likely to cause such problems will therefore not normally be permitted in local centres or where the immediately neighbouring properties are in residential use. In some cases, conditions may be imposed on the granting of permission, for example restricting opening hours, or requiring details of fume extraction and vehicle parking to be agreed.

Policy Links
Policy ENV1	“Control of Pollution in New Development”
Policy ENV2	“Noise and Vibration”
Policy H5	“Development within Primarily Residential Areas”
Policy DQ1	“Design Quality in New Development”