Key to Second Deposit Written Statement text - Added text and deleted text
 

CHAPTER 10: SHOPPING AND THE ROLE OF CENTRES

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10.1 Introduction 140
10.1.5 Scope of the Policies 140
10.1.6 Supporting Documents 140
10.1.8 National and Regional Policy Context 141
10.1.12 Local Changes and Consultants' Recommendations 142
10.1.16 Retail Need 143
     
10.2 Centres Strategy and the Sequential Approach 146
  Policy SH1: Centres Strategy (Part I) 146
     
10.3 Centre Uses 147
  Policy SH2: Centre Uses 147
     
10.4 Need and the Sequential Approach 147
  Policy SH32: Need and the Sequential Approach 147
  Policy SH43: Integration of Development into Centres 151
     
10.35 City and Town Centres 152
  Policy SH54: Wolverhampton City Centre 152
  Policy SH65: Bilston and Wednesfield Town Centres 154
     
10.46 District and Local Centres 155
  Policy SH76: District Centres 155
  Policy SH87: Local Centres 157
     
10.57 Local Shops and Centre Uses 157
  Policy SH98: Local Shops and Centre Uses Outside Defined Centres 157
     
10.68 Protected Frontages 159
  Policy SH109: Protected Frontages 159
     
10.79 New Retail Development 160
  Policy SH110: New Retail Development - Town Centre Comparison Goods 160
  Policy SH121: New Retail Development - Bulky Comparison Goods 161
  Policy SH132: New Retail Development - Foodstores 162
     
10.810 Other Centre Uses 163
  Policy SH143: Catering Outlets 163
  Policy SH154: Drive-Through Facilities 164
  Policy SH165: Amusement Centres and Arcades 165
 
 
   
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10.1

Introduction

10.1.1 Shopping is a vital part of people's lives, enabling them to buy food to eat and clothes to wear and to fulfil a wide range of other requirements. Access to a range of shops with competitive prices, and the opportunity to shop in convenient and pleasant surroundings, is an important part of the quality of life. Restricted access to shops or a poor choice of shops is a form of deprivation, which can exacerbate other inequalities. Shopping also contributes to the local economy, providing jobs and income, particularly in a place like Wolverhampton, which serves a 'sub-region' extending well beyond the City boundary.
10.1.2 As part of the creation of a Wealth Creating City, a Healthy City and a City of Communities, the Wolverhampton Community Plan aims to:
 
  • Create more jobs in the service sectors through providing opportunities to expand the role of the City Centre;
  • Encourage the facilities that will enable the City to be marketed to visitors and investors;
  • Ensure all local communities have good access to healthy food;
  • Provide sites for an accessible hierarchy of health care facilities;
  • Encourage the role of appropriate district and local centres as the focus of communities;
  • Provide opportunities for retail and other services that meet the needs of culturally diverse communities
10.1.3 The key aims of the shopping and role of centres policies are therefore:
  1. to maintain a pattern of provision across the City that gives the best possible choice of shops and services in locations accessible to people in their everyday lives; and
  2. to support economic regeneration by sustaining and strengthening the sub-regional role of the City Centre.
10.1.4 Part of the overall strategy of the UDP is to focus the activities to which people need frequent access, including social, community and leisure facilities, as well as shopping and office employment, within a hierarchy of centres, as part of a sustainable approach to land use. The policies in this Chapter contribute to this by defining the broad roles of particular centres and the types of development appropriate to each.
   
Scope of the Policies
10.1.5 Shopping provides the primary raison d'être for centres and policies are therefore concerned principally with development falling within Class A1 Shops of the Use Classes Order 1987. However there is a wide range of other activities and uses that require a high degree of accessibility to their users and/or generate a large number of trips, and whose location therefore needs to be considered in accordance with similar principles. The policies of this chapter are therefore relevant to all centre Uses, as defined in Policy SH23 (59), although in a number of cases policies elsewhere in the UDP also apply.
Supporting Documents
10.1.6 Central to the review of policies for shopping and the role of centres has been the Wolverhampton Shopping and Town Centres Study (1998) by consultants DTZ-Pieda. The consultants' report examined the existing retailing structure of Wolverhampton and the potential for new retail development during the period covered by the review; and made recommendations as to its location. The consultants undertook a partial update in 2000, the Supplementary Report on Retail Capacity. This study was itself subject to review in 2003 by consultants CB Richard Ellis. (1)
   
   
   
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10.1.7 The consultants' main report, submitted in 1998, pre-dated major developments in government guidance, particularly in respect of the interpretation of 'need' and the application of the 'class of goods' approach. A number of its recommendations have also been overtaken by events on the ground, including those giving rise to the re-orientation of City Centre core expansion from the Skinner Street/Salop Street area to Cleveland Street/Temple Street. Nevertheless, particularly in respect of quantitative need and capacity, the study and its partial update remain a key basis on which the policies in this chapter are founded. The Council has also produced a Retail and Centres Background Paper to support UDP policies and proposals, covering aspects where further technical work has been undertaken or where there was a particular need to further update or supplement the consultants' findings. Each of these reports is available from the Council. (2)
   
National and Regional Policy Context
10.1.8 The new policies reflect a change in central government policy guidance since the UDP was adopted in 1993. This has involved a major shift in national policy priorities in favour of sustaining town centres. Policy guidance on transport (PPG13) issued in 1994 stated that in order to minimise the need for car travel uses such as shopping, and other activities that attract a large number of users, should be located where they are accessible by a choice of means of transport. This would usually mean within town centres. In 1996 there followed a fundamental revision of government guidance on shopping and town centres (PPG6). The previous guidance, under which the 1993 UDP was prepared, included the presumption that out-of-centre retail development was generally acceptable unless it was shown to have significantly adverse consequences for existing town centres. The new guidance introduced a major innovation in the form of the 'sequential approach'; under which town centres are regarded as the normal location for major retail or leisure developments. Such developments are expected to locate in town centres unless it can be clearly demonstrated that there are no sites reasonably capable of accommodating them there. In these circumstances edge-of-centre locations may be considered. Only if there are no suitable town centre or edge-of-centre sites should out-of-centre locations be considered and these should have good public transport links.
10.1.9 In preparing their plans local authorities are asked to anticipate future retailing (and leisure) needs and to identify sites in accordance with the sequential approach. A ministerial statement in April 2003 February 1999 (3) clarified the issue of 'need' and confirmed that only where there is a demonstrable need is there a requirement to identify additional sites. Any proposal for an edge-of-centre or out-of-centre development, other than on a site identified in the development plan, must be considered in the context of need and only where this is demonstrated might such a proposal be acceptable. The government has also indicated that, in applying the sequential approach, it is the class of goods to be sold rather than the particular format proposed which is crucial. The key question is whether or not the type of goods intended to be sold, could be sold within, or failing that on the edge of, a town centre assuming the applicant adopted a flexible approach.
10.1.10 PPG6 also advises that UDPs (Part I) should set out the hierarchy of centres within the plan area and the strategy for the location of shopping and other uses which generate a large number of trips. In particular, the development plan should indicate those centres where investment in new retail and other development will be promoted and existing provision enhanced. Part II of the UDP should go on to consider existing provision and identify sites for development. Where site assembly is required, the plan should indicate what action the local planning authority will take. The policies set out in this chapter reflect these national policies and principles.
   
   
   
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10.1.11 Regional Planning Guidance for the West Midlands (RPG11, 1998) reiterates the national principles and sets out a development strategy for town centres and retail development in the region. Local development plans should ensure that centres remain the main foci for retail and office development. Birmingham is identified as the regional centre, while the "Black Country towns" (clearly including Wolverhampton) are amongst "other important retailing centres" in the region. The current draft review of RPG proposes to identify Wolverhampton as one of a network of 25 "strategic town and city centres" serving the region, while Birmingham is to be further developed as "a major regional capital of European and international standing".
   
Local Changes and Consultants' Recommendations
10.1.12 The pattern of retailing in Wolverhampton has changed significantly since the 1993 Plan was prepared. Approximately 71,000 m² of new shopping has been developed (1988-2001) mostly in the form of food superstores and retail warehouse parks. The plan has had a fair measure of success in steering these developments towards in-centre or edge-of-centre locations and a number of out-of-centre schemes have been resisted. However existing centres have clearly lost trade and some have significantly changed their roles.
10.1.13 Improvement of the City Centre, and the town centres of Bilston and Wednesfield, has in recent years become a key priority for the council. Consultants Donaldsons undertook an audit of the City Centre in 1994 and an action plan was adopted in 1995. There has been considerable success on the ground, for example enhancement of the entertainment quarter and progress with the scheme to improve the retail markets and create a new town square in the Salop Street / School Street area. A forum bringing together key stakeholders was established and its work is now being carried forward and expanded through a City Centre company. Major improvements have also been achieved in Bilston and Wednesfield town centres, including full or partial pedestrianisation of their main shopping streets.
10.1.14 At the same time, notwithstanding some recent evidence of an uplift, Wolverhampton's ranking in the national and regional centre hierarchies remains lower than it was in the late 1980s. The development of Merry Hill shopping centre (major phase opened 1989) led to profound changes in shopping patterns in and around the Black Country. Towns in immediate competition with Wolverhampton like Walsall and Telford have also continued to extend their retail provision. In addition, during the period covered by the UDP review, major new shopping developments in Birmingham will fundamentally increase that City's attraction. The need to broaden Wolverhampton's shopping appeal is becoming increasingly urgent.
10.1.15 The As part of their 1998 study, DTZ-Pieda study, as updated by the 2003 CB Richard Ellis review examined the health of centres in Wolverhampton and made recommendations on future action. Their principal findings of these studies were:
 
  • The overall hierarchy of centres in the City as set out in Policy S1 of the 1993 UDP remains generally valid.
  • Wolverhampton City Centre is an important catalyst for the regeneration of the City as a whole and in seeking to attract new investment and employment opportunities the focus should wherever possible be on the City Centre.
  • The City Centre remains reasonably healthy. However there is a quantitative and qualitative deficiency in retail and leisure provision in Wolverhampton, resulting from a lack of investment in recent years and this is reflected in some increased dissatisfaction amongst shoppers.
  • There is a quantitative need over the UDP period for new comparison shopping floorspace in the City Centre as well as for further retail warehousing and new foodstore provision. This is supported by known demand from retailers and the growing investor confidence evident since the Secretary of State's decision in 1997 to refuse a major expansion of Merry Hill. The 1998/2000 DTZ Study also identified a requirement for further retail warehousing and a new foodstore provision. The CB Richard Ellis review has confirmed that this retail warehouse and foodstore need will be satisfied by development proposals granted planning permission since 2000.
   
   
   
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  • The most appropriate direction for expansion of the City Centre retail core so as to enhance its overall appeal to shoppers is towards the west south in the Victoria Street/School Street area.
  • It is not feasible, or necessarily desirable, to accommodate all City Centre development pressures within the ring road. Some of the centre retail and leisure uses expected in a sub-regional centre, and other activities contributing to the role of the City Centre, could be located outside providing good links are created. (4)
Retail Need
10.1.16 UDP policies and proposals seek to address the above issues, within the context of an assessment of quantitative need derived from DTZ-Pieda's/ CB Richard Ellis’ work. By assessing future changes in population and spending power within the catchment area the consultants were able to identify the additional expenditure likely to be available to shops in Wolverhampton over the review period. This, in turn enabled the need for additional floorspace to be predicted. Separate estimates were made for capacity associated with the city centre and retail warehouse comparison goods market and that associated with the foodstore market. Separate estimates were made for pure comparison goods shopping, retail warehousing and foodstores. (5)
10.1.17 In using these figures the Council has been conscious that projections of this kind are subject to margins of error and are likely to be overtaken by events as particular developments come forward. Furthermore, estimates of expenditure capacity do not in themselves demonstrate need. Whilst such capacity is usually a necessary condition for development, qualitative considerations are often of equal importance in determining the scale and form of need. (62)
   
Pure Comparison Goods
10.1.18 For pure comparison goods the consultants studies have identified the following broad quantitative need for development associated with the city centre to 2011: such as fashion clothing usually bought in major centres an additional expenditure of £132 m per annum (1994 prices) is expected to become available to Wolverhampton City Centre by 2011, giving rise to the following potential for new floorspace:
 
1997-2001 12,390 m² gross
2001-2006 16,720 m² gross
2006-2011 21,370 m² gross

1997-2011 50,480 m² gross

2003 9 630sqm net
2006 15 620sqm net
2011 27 880sqm net
   
   
   
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10.1.19 Only one significant comparison shopping development was completed in the 1997-2001 period, Beatties Department Store extension (3,200 m²). This leaves a potential capacity in the 2001-2011 period for approximately 47,280 m². By April 2001 permission had been granted for a Matalan clothing store at Springvale, Bilston (4,180 m²). It had also become clear, following the full planning permission granted in October 2000, that part of the 12,350 m² 'main site' development at Bentley Bridge retail park may take the form of comparison-shopping. A proportion of both these developments represents demand that would otherwise be accommodated in the City Centre. Taking this into account, the Retail and Centres Background Paper calculates that remaining capacity for City Centre comparison shopping developments during the UDP period is approximately as follows:
 
2001-2006 20,730 m² gross
2006-2011 21,370 m² gross

2001-2011 42,100 m² gross
  This analysis has not been extended to assess the capacity associated with Bilston and Wednesfield centres, and any such capacity associated with these centres would be over and above that identified. Given the size of these centres, this would be comparatively modest, and reflect their role in serving the south eastern and north eastern sector of the City respectively. (6)
   
Retail Warehousing
10.1.20 The overall capacity for bulky goods retail warehousing in the catchment area, based on an increased expenditure of £112m per annum within this sector by 2011, is estimated as follows:
 
1997-2001 15,700 m² gross
2001-2006 13,900 m² gross
2006-2011 21,100 m² gross

1997-2011 50,700 m² gross
   
10.1.21 The only retail warehouse development completed between 1997 and 2001 was the Halford store at Springvale, Bilston (1,150 m² gross) leaving a potential for 49,550 m² during 2001-2011. Since this calculation was made additional commitments to retail warehousing have been entered into. These consist of the 'front site' at Bentley Bridge (2,320m²); the Yarnold site, Birmingham Road (1,680m²) and the balance of the Bentley Bridge main site not likely to be taken up by pure comparison retailing. Making allowance for these developments it can be calculated that the residual capacity in the whole catchment area and the minimum to be accommodated in association with the City Centre is as follows:
 
  Catchment Area City Centre
2001-2006 18,310m² 9,150m² gross
2006-2011 16,470m² 8,240m² gross

2001-2011 34,780m² 17,390m² gross
  With regard to quantitative need associated with the retail warehouse market, additional floorspace requirements for Wolverhampton to 2011 are very modest beyond that currently with the benefit of planning permission.
  On the basis of existing commitments and a modest uplift in market share (resulting from the development of modern, good quality and permitted floorspace), the anticipated requirement arising out of this market is:
 
2003 490 sqm net
2006 surplus of 3 870 sqm net
2011 surplus of 1 130 sqm net
  The most significant retail warehousing commitments are at Bentley Bridge Park (Wednesfield) and Raglan Street on the edge of Wolverhampton City Centre. Planning permission for the Bentley Bridge development was granted by the former Black Country Development Corporation as part of a mixed leisure / retail scheme. Due to its out of centre location, changes in central government guidance since the original planning permissions were granted, the location of sequentially superior sites and an absence of quantitative need for the scale of development permitted, this site is no longer an appropriate location for large scale retail development. These factors, and uncertainty over whether the development will proceed requires that the UDP should make allowance for the planning permissions not being implemented. If the Bentley Bridge permissions are not implemented the anticipated requirement arising out of the retail warehouse market is:
 
2003 490 sqm net
2006 1 810 sqm net
2011 1 060 sqm net
  The range of uses considered appropriate for Bentley Bridge Park is set out in Policy C6. In interpreting this requirement, it must not be assumed that retail capacity in the retail warehouse market should be associated with a specific need for further provision in a retail warehouse format, as this pre empts the flexibility required by sequential test set out in Policy SH3. (7)
   
   
   
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Foodstores
10.1.22 With regard to foodstores there is no quantitative requirement for additional large scale development beyond that currently with the benefit of planning permission. The CB Richard Ellis study identifies a very small surplus of residual spending on convenience goods which equates to a requirement of 120 sqm by 2011. The need for one large food store identified in the 1998 DTZ Pieda study will be satisfied by the approved proposal at Raglan Street. This assessment is made on the basis of the existing Sainsbury store at St Georges Parade ceasing to trade, and it not being replaced by another foodstore operator, following completion of the new store at Raglan Street, anticipated for 2007. If the existing store continues to trade, or is occupied by an alternative foodstore operator, the small surplus of residual spending will disappear. Council's consultants concluded that the only location in the City where there is capacity to support a new store or stores is in the vicinity of the City Centre. Potential capacity was reviewed in the Supplementary Report on Retail Capacity following Sainsbury's acquisition of the extended former Coop superstore at Wednesfield (which was expected to lead to a substantially higher turnover for this store than anticipated in the 1998 Study). Remaining expenditure potentially available to the City Centre is put at around £22-27m per annum. This is based on (i) a modest increase in personal spending supplemented by (ii) a diversion from existing stores apparently trading above capacity; along with (iii) increased penetration in sectors of the City (principally the north west) where the City Centre's market share is currently below average. If supplemented by around £20-25m released by the closure of an existing store this would be sufficient to support one large new store on the edge of the City Centre without adverse impact. (8)
10.1.23 The above forecasts of capacity in each of the main retailing sectors provide the basis for the detailed policies and proposals set out below.
 
   
   
   
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10.2

Centres Strategy and the Sequential Approach

Policy SH1: Centres Strategy (Part I)
 
The network of centres shown on the Proposals Map will be maintained and enhanced as a means of providing access to a wide range of shops, services and other activities in readily accessible locations, and as a focus for regeneration in the City. Centre uses, as defined in Policy SH2, will be expected to locate within centres and will be subject to the application of a sequential approach. In applying this strategy the following broad roles of centres will be recognised:
  • Wolverhampton City Centre will be maintained in its role as a sub-regional centre and the principal location for employment, shopping, commerce and leisure activity in the City. Uses serving a sub-regional or City-wide catchment area will be encouraged to locate within the City Centre.
  • Bilston and Wednesfield will function as town centres providing a wide range of shopping and other services in the sectors of the City that they serve. Appropriate activities will be encouraged to locate within them.
  • The 10 district centres identified on the Proposals Map and listed in Policy SH76, will be supported as the focus of convenience shopping and other local services, social, leisure and community uses within their respective localities.
  • The 25 local centres identified on the Proposals Map and listed in Policy SH87, will be fostered and protected in order that an accessible range of local shops and services is available, especially to those who do not have access to a car. (59)
Outside identified centres, retail and other centre uses will only be permitted where they are small in scale and meet the day to day needs of a population living mainly within walking distance which cannot conveniently be served from an identified centre, as required by Policy SH9. The development of large scale centre uses in out of centre locations will only be permitted in exceptional circumstances and subject to Policy SH3 and where relevant SH11-13. (9)
   
10.2.1 The strategy for centres forms part of the wider strategy of sustainable development. Centres are accessible by a choice of means of transport and are thereby available to all sectors of the community. The concentration of activities within them therefore helps to counteract social exclusion. It also allows a variety of needs to be met in a single trip, so reducing the overall need to travel. Centres also help to define local communities and to promote a sense of identity.
10.2.2 In applying this strategy the City Council does not seek to impose a rigid 'hierarchy' within which the relative status of all centres is permanently fixed. Nevertheless the recognition of broad categories of centre and the identification of types of development appropriate to each has important benefits, providing a framework of complementary roles within which retail and other services requiring widely different 'support populations' can be accommodated and accessibility optimised.
10.2.3 Wolverhampton City Centre is the most accessible location in the City and the hub of public transport services. It is the key focus of employment, shopping, commerce and leisure activity in the City and a surrounding 'sub-region' and its continued vitality is crucial to successful regeneration. Improvements to the centre's infrastructure and the provision of opportunities for further development of a City-wide or sub-regional scale will therefore contribute to environmental, social and economic objectives (see Policy SH5).
   
   
   
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10.2.4 Other centres also have a significant strategic role to play. On the eastern side of the City, Bilston and Wednesfield are important town centres at the core of strong local communities. Both have been the focus of regeneration initiatives in recent years and the Council is committed to maintaining this momentum (see Policy SH65). Both centres are at the core of Strategic Regeneration Corridors (see Policy S2) and inset proposals (see Chapters 16 and 17) provide opportunities for appropriate development to reinforce their roles.
10.2.5 Other sectors of the City do not have major centres like Bilston and Wednesfield. However there is an important network of district and local centres, often within walking distance of people's homes, many of which include community uses as well as retail services. Plan policies aim to protect these centres and to steer appropriate development towards them. A sequential approach has been applied in preparing the Plan's detailed policies in respect of centre uses and this approach will also be applied in assessing specific development proposals (Policy SH32). (10)
   
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10.3

Centre Uses

Policy SH2: Centre Uses
 
The following will be regarded as centre uses:
  • Retailing of all kinds, including all convenience and comparison goods shops including warehouse clubs that share the characteristics of retail outlets, factory and designer outlet centres and retail markets;
  • Class A2 (financial, professional and other services) offices;
  • Class A3 food and drink uses (but see also Policy C2 on local community uses including public houses);
  • Class B1 (a) offices;
  • Public service, cultural, community and health facilities in Class D1 that serve more than ‘local needs’ as defined in Policy SH9;
  • Hotels, entertainment, leisure, indoor sports, health and fitness centres and other Class C1
  • Assembly and Leisure (D2) and ‘sui generis’ uses (uses which are not within a specified use class, for example warehouse clubs) which attract a significant number of trips;
  • Higher, further and adult education facilities.
 
   
10.3.1 This Policy sets out the uses which the Council regards as town centre uses for the purpose of applying the sequential approach. The definition of centre uses is consistent with the definition of “town centre uses” set out in PPG6. Retailing which is associated with on-site manufacturing or distribution activities but which is on such a scale as to be more than subsidiary to these activities (see Policy B11) will be subject to this Policy. In the case of warehouse clubs, where these do not sufficiently share the characteristics of retail outlets, they will be treated as ‘sui generis’ uses, although the tests set out in this Policy will apply insofar as they are relevant.
   
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10.4

Need and the Sequential Approach

Policy SH32: Need and the Sequential Approach
 
Proposals for the development of centre uses (as defined below in Policy SH2) which serve more than a local need (as defined in Policy SH9) in locations outside defined centres (having regard to the definition of centres as set out in Policy SH4) and not in accordance with allocations made in this Plan will be assessed in terms of need for the development, the appropriateness of its location and the likely impact on the vitality and viability of neighbouring centres. (11)
Applicants will be required to submit a statement which Any applicant seeking permission for a development involving centre uses will be required to demonstrates that:
 
   
   
   
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1. There is a need for the proposed development.
2. A sequential approach to site selection has been adopted.
3. The proposed development is of a scale and nature appropriate to the size and function of the centre location concerned.
In preparing their proposals, developers should consider the catchment area that the development is intended to serve; how the scale and type of development relates to the defined network of centres; and the likely impact on centres at all levels of this network. A lower-order centre proposal that adversely impacts on a higher order centre will not be acceptable.
When adopting a sequential approach to site selection the first preference should be for sites within a defined centre appropriate in role and scale to the proposed development and its intended catchment area. Only in the absence of such sites should edge-of-centre sites be considered, and then out-of-centre sites accessible by a choice of means of transport. “In centre” and “edge-of-centre” are defined in Policy SH3.
Where an edge-of-centre or out-of-centre site is proposed, applicants will need to demonstrate that sites within the main shopping areas of appropriate defined centres are not suitable, viable and likely to become available over the period within which the need is likely to arise. Proposals for out-of-centre sites will also need to demonstrate that, irrespective of the particular format proposed, the type of goods to be sold could not be sold within, or failing that on the edge of, a centre., assuming the adoption of a flexible approach. The Council will apply the sequential test in a flexible, realistic and sensitive manner, and consider the needs of developers and operators. It will also expect applicants to be flexible in their requirements in terms of unit sizes, layouts, ancillary facilities, car parking, servicing and design, so as not to preclude the possibility of identifying locations in centres. Where an edge of centre or out of centre proposal comprises different elements or units, or involves adding floorspace to or within an existing or permitted development, then each part of the proposal should be considered separately for an in centre location. (12)
The following additional criteria will also need to be met:
4. The proposed development will not have a harmful effect on the vitality or viability of any defined centre (including centres outside Wolverhampton), either alone or cumulatively.
5. The proposed site is accessible by a choice of means of transport, including access by public transport from a wide range of destinations.The proposal must offer genuine and realistic safe and easy access by public transport, walking and cycling for all sections of the community, and from a wide catchment, to help achieve better access to facilities and development by a choice of transport modes. Consideration must be given to whether an alternative location within a centre would achieve easier access. Where an out of centre or edge of centre scheme is to be permitted the Council will require the development to make provision for appropriate improvements to public transport and facilities for pedestrians and cyclists, as necessary to meet the access standards set out in Chapter 14 of this Plan. (13)
6. The proposed development contributes to the objectives of reducing the need to travel and reducing car use.
7. There is no significant detriment to local amenity.
8. The proposal is consistent with other UDP policies.
Where the impact of a development would otherwise be unacceptable, but can be satisfactorily mitigated by appropriate provision – for example new or improved transport or social and community facilities – the Council will seek an appropriate planning obligation or agreement to secure the implementation and retention of the necessary measures. Planning conditions relating to the size of units or the type of goods to be sold may also be imposed.
Where necessary, when edge of centre or out of centre developments are approved, the Council will impose appropriate planning conditions and / or obligations to ensure that such developments will not change their character in such a way as to have an adverse impact in terms of the policies of this Plan. The particular conditions and / or obligations to be attached will depend on the character of individual schemes, but the following principles will be followed for retail developments:
 
   
   
   
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i. maximum and minimum unit sizes will be controlled and, in particular (apart from external sales and storage areas) no comparison retail units of under 929 sq metres (10 000 sq ft) gross will normally be allowed unless it meets a local need in accordance with Policies SH1 and SH9
ii. sub division of units will be restricted
iii. the insertion of mezzanine floors which increase the sales area above that which led to the edge of centre or out of centre site being justified will be restricted
iv. the ranges of goods to be sold will be restricted to those which led to the edge of centre or out of centre site being justified
v. consideration will be given to the range and proportion of ancillary services and activities proposed, particularly post offices and pharmacies
(14)

In applying this policy the following will be regarded as centre uses:

  • Retailing of all kinds, including all convenience and comparison goods shops including warehouse clubs that share the characteristics of retail outlets, factory and designer outlet centres and retail markets;
  • Class A2 (financial, professional and other services) offices markets;
  • Class A3 food and drink uses (but see also Policy C2 on local community uses including public houses);
  • Class B1 (a) offices;
  • Public service, cultural, community and health facilities in Class D1 that serve more than ‘local needs’ as defined in Policy SH8;
  • Hotels, entertainment, leisure, indoor sports, health and fitness centres and other Class C1
  • D2 and ‘sui generis’ uses which attract a significant number of trips;
  • Higher, further and adult education facilities.
 
 
10.4.12.6 The Council's strategy is to concentrate new retail and other activities used regularly by large numbers of people in centres. In allocating sites for centre uses in the UDP, the Council has carried out assessments of need, and has adopted a sequential approach to identifying sites to meet such need. The continuing application of these tests to future development proposals is the primary means by which the plan will sustain the network of centres defined in Policy SH1 and ensure that shopping and other activities that attract large numbers of people are accessible by a choice of means of transport.
10.4.22.7 All significant proposals for centre uses outside defined centres (15) will have to establish a need. The Council's definition of need refers to meeting the requirements of all sections of the population for a good choice of shopping and other services in accessible locations close to where they live. These needs are not necessarily the same as predicted growth in and availability of (63) expenditure, although in the case of retailing this will usually be a necessary condition. In certain circumstances the need to promote regeneration, or social inclusion, may also be important. However the requirements of particular retailers or developers will not in themselves be relevant.
10.4.32.8 If need can be demonstrated, a sequential approach to site selection must then be followed. If no sites within a defined centre of appropriate scale and role are suitable, viable or likely to become available within a reasonable time, edge-of-centre sites are next to be considered because, if appropriately located, these can also provide for joint shopping trips. If there are no edge-of-centre sites, out-of-centre sites will be a last resort.
   
   
   
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10.4.42.9 Where the above criteria lead to proposals for edge of centre or out of centre sites, a more detailed assessment will be made on the basis of the second group of criteria. If there is a question of potentially significant retail impact on a defined centre, a retail impact assessment in accordance with PPG6 will be required. For an edge-of-centre location the proposition that the development would support the role of the centre through joint shopping trips will need to be considered. Edge-of-centre sites are often already accessible by a choice of means of transport although convenient, barrier-free pedestrian and cycle routes to and from the existing main shopping area of the centre will need to be demonstrated (see Policy SH43). (16) Consideration of wider travel patterns and the impact upon car use will need to be demonstrated in a suitable statement. Consideration of compatibility with nearby uses will ensure the protection of residential amenity. Consideration of compatibility with other UDP policies will ensure a suitable design and layout. If the site is allocated for some other use in the UDP (for example as a housing or business development allocation), this will take precedence.
10.4.52.10 For any out-of-centre site it will need to be demonstrated that this is accessible by a choice of means of transport or can be made so. Public transport accessibility must be, or be capable of becoming, extensive. It must provide the opportunity of reaching the site from a wide range of places and for a diverse range of people, with particular reference to those without access to private transport.
10.4.62.11 The imposition of a minimum unit size and restrictions on the range of goods to be sold from retail warehouse developments will ensure that the retail impact of a proposal upon a defined centre will be controlled. Comparison goods that could be expected to be found within the defined centres will be excluded. As a minimum, conditions will usually prevent the sale of clothing and footwear, books, electrical and audio-visual goods, pharmaceutical goods, jewellery, silverware, watches and clocks and sports and recreational goods.
10.4.72.12 All proposals for centre uses (as defined in Policy SH2), whether in, (17) on the edge of, or out of centre, will be subject to this policy and will have to be accompanied by supporting material demonstrating compliance. The level of detail required will depend on the scale of development and the range of policy issues it is likely to give rise to.
10.4.82.13 The definition of centre uses for the purposes of this Policy is consistent with the definition of "town centre uses" set out in PPG6. Retailing which is associated with on-site manufacturing or distribution activites but which is on such a scale as to be more than subsidiary to these activities (see Policy B10) will be subject to this Policy. In the case of warehouse clubs, where these do not sufficiently share the characteristics of retail outlets, they will be treated as 'sui generis' uses, although the tests set out in this Policy will apply insofar as they are relevant.
   
   
   
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Policy SH43: Integration of Development into Centres
 
To ensure the proper integration of developments in or on the edge of centres, proposals should be sensitively integrated, in functional and visual terms, with the primary shopping area and with other land uses, pedestrian routes, car parking, public transport facilities, servicing arrangements, traffic circulation, and the local townscape. Development proposals will be considered as 'in centre' or 'edge-of-centre' according to the following principles:-
Wolverhampton City Centre and Bilston and Wednesfield town centres:
1.
  • Retail development should be within or directly adjoining the defined Pprimary Sshopping Aarea, (the Shopping Quarter in Wolverhampton City Centre as defined in Policy CC6)) and linked directly to a shopping frontage in that area. Locations outside this area will be regarded as off centre and will be subject to Policy SH3.
2.
  • Leisure and uses that attract a significant number of trips, or oOther activities that are likely to be visited on shopping trips should also be located close to the Pprimary Sshopping Aarea. In Wolverhampton City Centre, sites within the ring road and/or having regard to the range of uses identified as being appropriate for the ‘Quarters’ as set out in Chapter 15, are likely to satisfy this requirement and can be regarded as ‘town centre’ locations. The corresponding area in Bilston and Wednesfield is within the Inset Map boundary.
3.
  • B1 offices and other uses that do not attract large numbers of visits from members of the public need not necessarily be close to the heart of the centre, but should be within the Inset Map boundary and where relevant, be compatible with the range of uses identified as being appropriate for the Quarters as set out in Chapter 15. Sites they should still have good pedestrian access to the centre's main facilities and public transport.
Edge of Centre
4.
  • Edge-of-centre developments should satisfy the requirements of Policy SH3 and have a positive relationship to the centre, taking account of the nature of the development and its potential users / customers, the location of the site and any barriers to pedestrian movement.
District and local centres:
1.
  • In centre developments will be within the centre boundaries shown on the Proposals Map.
2.
  • Edge-of-centre developments - for retailing and other uses - should be well located immediately adjoining or close to existing shopping / service provision.
All developments within and on the edge of established centres should make best use of land and buildings within or on the edge of the centre, including upper floors. Development proposals that would prejudice a comprehensive approach to the use of land and buildings will be resisted. (18)
 
10.4.92.14 It is important that all developments within centres are carefully integrated into the existing urban fabric, both visually and functionally, so that they function properly as part of the centre as a whole and contribute positively to the local townscape. Policy SH43 sets out some general principles that will help to ensure that this is achieved. The policy will be applied at every level of the centre hierarchy, including local centres.
10.4.102.15 Government guidance (PPG6) provides some indications as to what may reasonably be regarded as an edge-of-centre, sites with 200 to 300 metres of the primary shopping area being regarded as an acceptable walking distance subject to topography, barriers to movement and the attractiveness of the route concerned. Larger centres are generally able to attract people to walk further than small centres. This Policy seeks to provide an interpretation of the national guidance in the context of the centres identified in the Wolverhampton UDP. The circumstances of individual sites will determine what can reasonably be regarded as edge-of-centre. In the case of the City Centre, Bilston or Wednesfield any site up to 300 metres by a safe, easy and convenient pedestrian route from edge of the Primary Shopping Area will be regarded as edge of centre for a retail use it is unlikely that any site that is more than 250 metres by a convenient pedestrian route from the primary shopping area could be regarded as edge-of-centre for a retail use. (19) A distance of up to 400 metres may be appropriate in the case of leisure. In district or local centres a maximum of 100 metres for any centre use is likely to be more appropriate.
   
   
   
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10.5

City and Town Centres

Policy SH54: Wolverhampton City Centre
 
The role of Wolverhampton City Centre as a sub-regional centre providing a comprehensive range of shopping and other services for a catchment area embracing the north-western part of the West Midlands Conurbation, southern Staffordshire and eastern Shropshire will be maintained and enhanced.
Shopping, office, leisure and cultural, educational, health, transportation and other facilities appropriate to this role will be encouraged. This will include convenience shopping and other services important to nearby residents and to people working within the City Centre.
Development in the City Centre area will be guided by the detailed policies and proposals set out in Chapter 15 and the associated City Centre Inset Plan. Priority will be given to the following:
1. Expansion of the prime comparison shopping core in the Victoria Street and Cleveland Street area;
2. Implementation of the Wolverhampton City Centre Access and Interchange Scheme;
3. Facilitating the further development and consolidation of the University;
4. Further development of the Cultural/Entertainment and Artist Quarters;
5. Development which contributes to the achievement of the Wolverhampton Urban Village;
6. Enhancement of the Canalside Quarter and its integration with the rest of the City Centre.
7. Retention and enhancement of convenience shopping provision within the City Centre, including the existing retail markets;
8. Development of the approved Provision of a large foodstore and bulky goods retailing as part of a mixed-use development at Raglan Street; (20)
9. Achievement of a mixed use redevelopment of the former Royal Hospital area including residential, but excluding large scale retail. (21)
 
10.5.13.1 Wolverhampton's role as a major sub-regional centre, providing shopping, leisure, business, higher education and other services, is a key element in the local economy. Notwithstanding competing developments, the City Centre continues to serve a substantial catchment area extending well beyond the City boundary. It accounts for some 33,000 jobs (one third of the City total) a significant proportion of which are attributable to the sub-regional role. In addition, the quality and range of services available in the City Centre is a key element in the quality of life and experience of residents and visitors to the City.
10.5.23.2 The wide range of activities concentrated in the City Centre tend to reinforce each other and the maintenance of a healthy shopping base is essential if there is to be continued development of Wolverhampton's role in respect of, for example, business services and cultural and leisure activities. The Shopping and Town Centres Study concluded that most of the additional shopping floorspace required in Wolverhampton - other than that required to meet purely local needs - should be located within or immediately adjoining the City Centre. The key requirement, if Wolverhampton is to retain its market share, is for new quality shopping space integrated with the existing shopping core to accommodate a further department store and other comparison retailers. This will be provided primarily by development in the Victoria Street / Cleveland Street area, where there are opportunities for integration with the Mander and Wulfrun centres, Beatties department store and the retail markets (see Chapter 15: Wolverhampton City Centre).
   
   
   
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10.5.33.3 The Shopping and Town Centres Study also indicated a need for an additional large foodstore and further non-food shopping of the 'retail warehouse' type during the period to 2011. The CB Richard Ellis review confirmed that these needs can be accommodated This will be provided principally by the approved within a major mixed-use redevelopment in the Raglan Street area to the west of the ring road and other small scale developments. Convenience shopping is a significant component of the City Centre generally, including the prime-shopping core. It complements comparison-shopping and provides regular food shopping opportunities, particularly for public transport users and people employed in the City Centre. The Council will seek to retain and where possible enhance these facilities, including supermarket facilities and the existing retail markets. (22)
10.5.43.4 Accessibility is crucial to the role of the City Centre. Major enhancement will be achieved by implementation of the Access and Interchange scheme, which has now been accepted for LTP funding. This development will create a major public transport hub by integration of the rail station with a remodelled and extended bus station and potentially with Midland Metro, extended in the form of an extension along the Wednesfield corridor. The high accessibility of the interchange will promote opportunities for intensive forms of land use in its vicinity. The eastern side of the City Centre generally provides opportunities for regeneration, in part associated with the transport interchange. This area is defined as the Canalside Quarter and is the subject of proposals, particularly for new business and leisure uses, which are set out in detail in Chapter 15.
10.5.53.5 The presence of a large university is a positive factor in the educational, economic, social and cultural life of the City generally. The main campus of the University is a key land user in the northern sector of the City Centre. There are major interactions between the University and the other functions of the City Centre and the presence of a large staff and student population is an important contributor to the overall vitality and viability of the centre. The UDP makes provision for the continued consolidation and expansion of the campus area.
10.5.63.6 A major success of recent years in diversifying the role of the City Centre has been the consolidation of a strong cultural and entertainment quarter, focussed in particular in the Lichfield Street area, and the associated expansion of the 'night-time economy'. This potential will be further developed, in particular through the creation of an 'artists quarter'.
10.5.73.7 The UDP also seeks to substantially augment the residential population of the City Centre through the promotion of an urban village. This embraces the St. John's area on the southern side of the centre together with adjacent areas outside the ring road - Royal Hospital / All Saints to the east and Chapel Ash to the west. This proposal is an important component in meeting the City's housing needs as well as contributing to the vitality of the City Centre. Additional housing is to be provided both through adaptation of existing buildings (including "living over the shop") and by new development including mixed-use schemes. A key mixed-use scheme will be that for the Royal Hospital area.
   
   
   
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Policy SH65: Bilston and Wednesfield Town Centres
 
The role of Bilston and Wednesfield as town centres serving the south-eastern and north-eastern sectors of the City respectively will be maintained and enhanced. The main role of these centres will be to provide for bulk convenience shopping, an element of comparison-shopping, and other services and community facilities for the areas they serve.
Development in the two centres will be guided by the detailed policies and proposals set out in the Bilston and Wednesfield inset chapters and the associated inset plans. Priority will be given to the following:
1. Continued environmental improvements in both centres.
2. Enhanced linkages:-
  • In Bilston between the town centre and the retail markets and between the town centre/retail markets and the Morrison superstore and proposed Bilston Urban Village area;
  • In Wednesfield between the town centre and the Sainsbury's superstore and the Bentley Bridge retail and leisure park developments.
Complementary residential use may be appropriate in both centres subject to the creation of a satisfactory residential environment.
   
10.5.83.8 The hierarchy of centres in Wolverhampton differs substantially between the east of the City and the other sectors. In the east, Bilston and Wednesfield have a role as town centres, which is not paralled in any of the more local centres that serve other parts of the City. Although Wednesfield is a substantially smaller centre than Bilston, both centres have a long history as the focus of areas with a strong sense of local identity. Both retain a significant range of services and of business and community facilities in addition to their retail role and both act as significant nodes in the public transport network.
10.5.93.9 The UDP recognises and seeks to reinforce the distinctive roles of Bilston and Wednesfield. The main emphasis over the UDP period will be consolidating the major changes which have taken place in both centres over the past five to ten years and ensuring that both continue to act as a focus for regeneration in their respective areas. Proposals, which are set out in detail in Chapters 16 and 17, aim to ensure that the future development of both centres is fully integrated with, and benefits from, the major changes which will be taking place in their immediate localities.
10.5.103.10 The 1993 UDP proposed for both Bilston and Wednesfield a combination of improved accessibility; environmental improvements (associated with the removal of through traffic by the Black Country Route and Wednesfield Way respectively); and the introduction of a large foodstore and non-food retailing to complement existing retail facilities. These proposals have largely been implemented. Major environmental improvements in the form of full and partial pedestrianisation have been achieved in both centres and complementary food and non-food retail development has taken place or is committed. The nodal position of both centres in the public transport network has been enhanced. In Bilston, Midland Metro Line 1 now provides an interchange with the bus station in the heart of the town centre, whilst in Wednesfield bus showcase services have been implemented along the Wolverhampton to Ashmore Park and Bloxwich corridor. Furthermore, the Wolverhampton - New Cross Hospital - Wednesfield section is now identified as one of four routes for the further development of Midland Metro following the imminent Birmingham City Centre and Brierley Hill extensions and is identified as a priority in the local Community Plan.
   
   
   
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10.53.11 Unfortunately in neither centre has new food and non food retail development been as fully integrated with the town centre as was intended in the plan and improvements in this situation are a major emphasis of the review proposals. The Morrison foodstore at Bilston, is although separated from the retail core by the Black Country Route, but has complemented the existing town centre to some a reasonable degree. Surveys in Wednesfield, however, suggest that the Sainsbury's (ex. Coop) store tends to act as a free-standing attraction, little used in association with the town centre proper. In both cases action is required to secure better integration and to overcome the barriers to pedestrian movement. In Bilston these linkages will be associated with measures to link the centre with the proposed Bilston urban village mixed-use development to the south. In Wednesfield some remodelling of land use is required to enhance the links between the centre and the new foodstore. (23)
10.53.12 Non-food retail and leisure development has taken place or is committed in proximity to both Bilston and Wednesfield - at Springvale and Bentley Bridge respectively. In both cases the sites are too distant be regarded as edge-of-centre. For this reason, if the planning permissions for the Bentley Bridge Park developments are not implemented, other uses as set out in Policy C6 will be promoted. However action will be taken as far as possible to secure improved linkages and to ensure that in any further development in the vicinity of either Bilston or Wednesfield is of a form which complements the existing centre, in accordance with Policy SH3. (24)
10.53.13 Although recent developments have largely fulfilled UDP requirements for additional retailing in both centres, limited further development or redevelopment appropriate to the role defined in Policy SH5 would be acceptable within the main shopping area in both cases. Development which is of a scale to serve City wide centre use needs, particularly retail and leisure, will be directed to locations within Wolverhampton City Centre as defined in Policy SH3. Sites within Bilston and Wednesfield are unlikely to satisfy these needs and may have the effect of compromising further investment in the City Centre. (25) Other uses appropriate to the role of these centres will be welcome, subject to Policies SH2 and SH3 and the detailed proposals in Chapters 16 and 17. Although recent experience suggests a very limited market for office development in either centre, office uses will be also acceptable on appropriate sites.
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10.64

District and Local Centres

Policy SH76: District Centres
 
The role of the following district centres, providing a wide range of convenience goods, an element of comparison shopping and a range of other services for the areas they serve, will be maintained and enhanced:
1. Pendeford Park 6. Tettenhall Village
2. Stafford Road (Three Tuns) 7. Whitmore Reans / Avion Centre
3. Cannock Road (Scotlands) 8. Compton Village
4. Fallings Park 9. Warstones Road
5. Ashmore Park 10. Dudley Road / Blakenhall
The Council will support proposals for new retail and other centre use (26) development appropriate to the role of these centres within their defined boundaries, subject to Policies SH1 and SH3 and environmental and traffic considerations. Medium sized supermarkets (of up to approximately 1,400 m² gross floorspace) will in principle be regarded as appropriate in district centres. These centres may also provide a suitable location for additional retail markets including farmers' markets. (27)
The location of new community facilities within or adjacent to these centres will be encouraged, subject to environmental and traffic considerations. Complementary residential use may also be appropriate, subject to the creation of a satisfactory residential environment. Environmental improvements will be undertaken in these centres as opportunities arise.
Any proposal involving the loss of a shop or shops within a district centre will also be subject to Policies SH9 and SH10.
   
   
   
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10.64.1 The ten centres listed in Policy SH6 were all identified as local centres in the 1993 UDP. However the UDP now recognises a further tier of smaller, more strictly local centres (Policy SH7). The ten original local centres are therefore re-designated as district centres. Most have between 25 and 50 shops and approximately 2,500 m² to 5,000 m² gross of retail floor space.
10.64.2 These centres, by virtue of their range of shopping (generally including at least one supermarket) and other services, and an element of off-street car parking, have a particularly significant role distinguishing them from the newly recognised local centres now covered by Policy SH7. Some of the district centres, such as Tettenhall Village, are highly nucleated. Others, like Stafford Road / Three Tuns, are linear in form. However they are all important in meeting a wide range of convenience shopping and other needs in their localities. Comparison retailing is generally limited, although it is significant in some centres that perform a specialist role, such as Dudley Road / Blakenhall, which serves the needs of particular minority ethnic communities.
10.64.3 The establishment of centre boundaries on the Proposals Map provides a framework within which existing uses and new development can be consolidated. District centres provide a particularly suitable, accessible location for medium-sized supermarkets, including discount food stores. Where new community facilities are proposed in a particular part of the City it will often be appropriate to locate these in the appropriate district centre.
   
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Policy SH87: Local Centres
 
The role of the following local centres, providing mainly for the day-to-day convenience shopping needs of a population mostly living within walking distance will be maintained and enhanced:
1 Fordhouses 14 Upper Penn
2 Broadway 15 Penn Fields
3 Bushbury Lane 16 Owen Road
4 Showell Circus 17 Bradmore
5 Wood End 18 Merry Hill
6 Stubby Lane 19 Castlecroft
7 Heathtown 20 Finchfield
8 East Park 21 Tettenhall Wood
9 Ettingshall 22 Newbridge
10 Bradley 23 Staveley Road
11 Parkfield 24 Aldersley
12 Spring Hill 25 Dovecotes
13 Penn Manor  
The Council will support proposals for new retailing and centre uses (28) appropriate to the role of these centres within their defined boundaries, subject to Policy SH2 and environmental and traffic considerations. The centres will also be encouraged to develop as a focus for social, community and leisure uses which serve the immediate local area. Complementary residential use may also be appropriate, subject to the creation of a satisfactory residential environment.
Any proposal involving the loss of a shop or shops within a local centre will also be subject to Policies SH8 and SH9.
   
10.64.4 In addition to Bilston and Wednesfield town centres and the ten district centres, 24 additional local centres are now identified on the Proposals Map. Most of these centres have between 10 and 20 shops and approximately 750 to 1,500m² of retail floor space (although significantly more in a few centres where there is a discount food store / supermarket). They usually include several food and other convenience stores and in most cases they provide other goods and services including a pharmacy and a post office. In the Council's view these centres generally conform to the definition of a "local centre" in PPG6. A few centres with only a restricted range of facilities have been included, on the basis that otherwise the area concerned would be remote from any alternative local shopping provision. East Park, Ettingshall, Bradley and Dovecotes fall within this category.
   
   
   
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10.64.5 The protection and enhancement of local centres is particularly important if people are to have the opportunity of making basic convenience purchases close to their homes. They are particularly valuable to the elderly and other less mobile groups. The definition of local centre on the Proposals Map provides the opportunity to identify suitable sites for additional retail and non-retail facilities appropriate to their role.
   
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10.75 Local Shops and Centre Uses

Policy SH98: Local Shops and Centre Uses outside defined centres (29)
 
The Council will seek to ensure the provision and retention of local shops and other centre uses (as defined in Policy SH2) (30) to meet essential day-to-day needs within reasonable walking distance of people's homes.
Existing Local Shops
Shops that provide an important service to a local area, whether they are within a defined centre or in a free-standing location, will wherever possible be protected. Development involving the loss of a convenience shop², pharmacy or post office will be resisted where this would result in an increase in the number of people living more than 400 metres from alternative provision.
New Centre uses meeting Local Needs Local Shops (31)
Where shopping and other town centre facilities are inadequate to meet the needs of an existing or growing local population, planning agreements will be negotiated for the inclusion of shops and other town centre facilities within new housing or other development schemes. (32)
The Council recognises the important role that shops owned and run by local community groups can have in providing low cost and healthy foodstuffs and other commodities, particularly in areas of social and economic disadvantage. Subject to normal amenity considerations, proposals to establish such shops will be considered favourably. (71)
Other new local shops and centre uses (whether provided by new build or change of use) should be located adjacent to existing shop clusters or parades. Proposals on sites outside of defined centres, for new local shops and other centre uses, (33) or extensions to shops, will be permitted where:
1. In the case of new retail facilities, the proposed new shop or extended shop does not exceed 250 m² gross floor space;
2. The proposal will help to reduce the need to travel, especially by car, and offer safe and easy access by public transport, walking and cycling for all sections of the community for the catchment it is intended to serve;
23. there is a local need that cannot be met by existing provision in the area;
34. there are no suitable vacant premises in the area, which should normally be the preferred locations to accommodate new facilities; (34) the vacancy rate of comparable existing shops within easy walking distance is low;
45. there would be no significant retail impact upon a defined centre, including centres outside Wolverhampton; (35) and
56. there would be no adverse impact on highway safety, traffic generation and residential amenity (in particular, the establishment of shops in terraced properties adjoining residential accommodation will be resisted).
These considerations will apply in respect of proposals for non-ancillary retailing at petrol filling stations outside of defined centres.
- the main role of 'local shops' is to meet the everyday needs of people living within walking distance
- 'convenience shops' are those selling predominantly food and other everyday requirements.
 
   
   
   
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10.75.1 Notwithstanding the identification of additional local centres, there remain many individual shops and small parades outside defined centres that perform an important role in the City's shopping and services provision. These facilities shops often provide a 'top-up' convenience shopping facility close to people's homes and they are particularly significant to the less mobile members of the community. This Policy defines the Council's approach in respect of such shops and services and also states its approach regarding the protection of key local shopping facilities generally, whether these are in or outside the defined centres. (36)
10.75.2 The provision and retention of essential local shops and services within easy walking distance of people's homes and workplaces is an important element of the Council's shopping centres strategy. Where the Council is itself the landlord it can use its powers in this capacity to encourage the provision or retention of essential local shopping facilities. Elsewhere however it cannot prevent the closure of a shop or a change of use from one type of Class A1 retail shop to another, notwithstanding that such changes can have a profound effect on the shopping facilities available to a local community. The Council's powers are generally limited to determining applications for changes of use of shops to Class A2 financial and professional services, Class A3 food and drink, and other non-retail uses. In seeking to ensure the retention of shopping facilities which are important to a local area the Council will take into account the availability of convenient alternative provision within a reasonable walking distance which will be taken as a maximum 400 metres by existing pedestrian routes. It will also apply policies that seek to retain the predominant retail use of key retail frontages (see Policy SH109). (37)
10.75.3 Non profit-making shops run by local community groups can play an important role in improving access to good quality low cost food and other essential commodities, particularly in areas of social and economic deprivation. Where planning consent is required there will be a strong presumption in favour of such uses unless there is a serious impact on local residential amenity in the vicinity.
10.75.4 In terms of new shopping development outside identified centres, it would be inappropriate to identify a rigid maximum size of unit that could be regarded as a new 'local shop'. The acceptable scale for new local shopping provision will depend on local circumstances including the nature of the retailing envisaged, the characteristics of the site and the relationship to existing shopping facilities. However it can generally be taken that proposals for units of more than 250 m² gross floor space will not fall within the terms of this policy. This approach towards small scale development seeks to provide flexibility to existing retailers and to promote appropriate community shopping facilities. (69) Proposals in excess of this size are likely to raise issues of impact on existing centres and will need to meet the requirements of the sequential approach. They will not be permitted unless it can be shown that they meet a genuine local need and that there are no conveniently placed centres capable of accommodating the development in question.
   
   
   
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10.75.5 While wishing to ensure an adequate provision of local shops the Council is also aware that shops, if not well located, can be a major nuisance to the amenity of nearby occupiers. It is therefore essential to set down rigorous requirements against which proposals will be assessed. Where residential areas are not already served by defined centres or existing local shops, proposals for appropriate new shops such as neighbourhood convenience stores, or for changes of use to retailing may be considered favourably, subject to these criteria. These requirements are most favourably met where new shops are provided adjoining existing shop clusters or parades; as part of a new development scheme or within a new mixed use residential development.
   
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10.86

Protected Frontages

Policy SH109: Protected Frontages
 
Frontage use policies for Wolverhampton City Centre, Bilston Town Centre and Wednesfield Village Centre are set out in the relevant inset chapters.
Within district and local centres, proposals to use ground floor units for non-retail uses will be considered favourably only where:
1. the overall retail function of the centre/group of shops would not be undermined;
  Permission will not be granted where non A1 uses constitute any of the following:
  i more than 30% of shop units in the centre concerned;
  ii more than 30% of frontage length;
  iii more than three consecutive units;
2. the use would make a positive contribution to the overall role of the centre/group of shops;
3. there would be no conflict with Policy SH8 in respect of the retention of convenience shops, post offices and pharmacies;
4. the use is compatible with other UDP policies; and
5. shop front treatment, including security measures, is in accordance with SPG on Shop Front Design, attractive and maintains views into the unit in the daytime and at night.
The impact of the proposal on the retail function will be determined on the basis of:
a) the location and prominence of the unit within the relevant frontage;
b) the width of the frontage unit;
c) the number and proximity of other units occupied by non-retail uses or with permission for those uses; and
d) compatibility of the proposal with nearby uses.
For the purposes of this Policy a frontage is defined as one side of a street or parade which is not separated by a significant gap such as a road junction. Proposals to change the use of a shop to a restaurant, a hot food take-away, or an amusement centre, will also be subject to Policies SH13 and SH15 respectively. (38)
 
   
10.86.1 Many non-retail uses which provide for visiting members of the public (mostly falling within Classes A2 and A3 of the Use Classes Order 1987 along with certain sui generis, social, community and leisure uses) are appropriate in shopping centres and within groups of local shops. Examples of such uses are banks and building societies, estate and employment agencies and catering outlets. Such uses complement shopping and help to provide the visitor with a complete range of shops and services in one location, minimising the need to travel. They can also provide an alternative form of commercial investment where the shopping role of a centre is declining. However an excessive concentration of non-retail uses can threaten the retail role of suburban shopping locations and the service which they provide to local communities. Policy SH109 therefore provides criteria through which a reasonable balance can be maintained. (70)
   
   
   
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10.86.2 Certain non-retail uses attract levels of pedestrian activity comparable to some shops. It is also recognised that some financial service establishments are similar in appearance to shops. However some uses do create 'dead frontage' which reduces the attraction of a centre or part thereof, with cumulative effects on remaining retailing. The Policy therefore seeks to ensure that such uses are dispersed within a centre as well as being limited in overall number. Conditions limiting future changes of use may also be imposed on planning permissions where appropriate.
   
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10.97

New Retail Development

Policy SH110: New Retail Development -Town Centre Comparison Goods
 
Based on the likely future expenditure of the City's residents and those of its immediate catchment area, the Council has identified a capacity for approximately 27,880 sqm net 42,000 m² (gross) of comparison goods floorspace to be provided in Wolverhampton City Centre over the period 20031-2011. Most of this floorspace will be developed in the form of an extension to the retail core area, in accordance with policies and proposals in the Wolverhampton City Centre Chapter.
Proposals that include an element of comparison floorspace within the retail core areas of Bilston and Wednesfield town centres will also be supported, providing that the proposals are consistent with the defined role of these centres and with detailed policies and proposals in the relevant inset chapters.
Where no suitable site exists within the retail core area of these centres and the development proposed is adjacent to it, the Council will require that the development is fully integrated with the core area in terms of its proximity, character and pedestrian and vehicle circulation (see Policy SH43).
Any other proposals for comparison shopping development will only be supported where there is a proven need for the development and it will not cause harm to the vitality and viability of any neighbouring town centre. Any such proposals in edge-of-centre or out-of-centre locations will also be subject to the further requirements of Policies SH32 and SH43.
   
10.7.1 The Council regards the term 'town centre comparison shopping' as referring to:
 
  • non-food goods such as clothing and footwear, and the other commodities listed in the reasoned justification to Policy SH2, typically sold from 'high street' type retail outlets; and
  • the kinds of retail outlet such as departmental and variety stores and smaller specialist non-food stores (including 'factory' or 'designer' outlets) typically devoted to the sale of these goods. (40)
10.97.2 In terms of expenditure changes and floor space requirements for city centre comparison these types of retailing, the Wolverhampton Shopping and Town Centres Study implies a remaining need for an additional 42,000 m² gross 27 880 sqm net (41) of floor space in the City Centre (2001-2011). The key requirement in providing this floor space is for an expansion of the primary retail core. The plan contains detailed policies and proposals in Chapter 15 for implementing this development, and the Council will be taking action in partnership with private developers to bring forward appropriate proposals.
10.97.3 Any proposals emerging elsewhere in the City will be treated with extreme caution in the light of the priority for City Centre core expansion. It is possible that small-scale additions of pure comparison retailing could be appropriate to the defined roles of Bilston and Wednesfield town centres. However any such developments must be fully integrated into the retail core of the centre concerned and should not be of such a scale as to jeopardise the priority for City Centre investment.
   
   
   
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Policy SH121: New Retail Development - Bulky Comparison Goods
 
The approved mixed use development at Raglan Street, at Bentley Bridge and other small scale commitments will accommodate the requirement for additional large scale retail warehousing floorspace to 2011.
If the Bentley Bridge Park retail proposals are not implemented, there will be a requirement inherent in the retail warehouse market for 1,060 sqm net floorspace by 2011. This need could be accommodated by the redevelopment of the existing Sainsbury’s store at St George’s Parade subject to Policy CC9(vii). The range of appropriate uses for Bentley Bridge Park is set out in Policy C6.
The Council has also identified a capacity for an additional 35,000m² (gross) of bulky comparison goods floor space in the City over the period 2001-2011.
In addition to appropriate locations within the main shopping areas of Wolverhampton City Centre and Bilston and Wednesfield town centres, the following sites are identified on the Proposals Map and the City Centre inset map to meet this need:
1. at Raglan Street on the edge of the City Centre (mixed development also including a food store);
2. as part of the redevelopment of the Royal Hospital area; and
3. at Bentley Bridge, Wednesfield. (42)
These developments are largely expected to meet the requirements of for bulky goods retailers and any additional proposals will be considered on their merits and in relation to other UDP policies. (64)
 
   
10.97.4 Bulky goods retail units in the form of ‘retail warehouses’ Retail warehouses (43)- large single level stores specialising in the sale of household goods (such as carpets, furniture and electrical goods) and bulky DIY items - are now a familiar feature in the retail structure of the City. The main concentrations, mostly comprising groups of units ('retail parks') are located on radial routes close to the City Centre and ring road (e.g. Lower Stafford Street, Bilston Road and St. John's) and there are further developments or commitments in the vicinity of Bilston and Wednesfield. Policy SH3 explains that planning conditions will be imposed to ensure that new bulky goods retail developments do not change their characteristics in such a way as to have an adverse impact in terms of the Policies in this Plan. (44) With an increasing number of retailers expressing a preference for large, free-standing units, developer interest remains strong and there is also pressure to broaden the range of goods which can be sold through these outlets to include goods which can be sold from centres some of the 'pure comparison goods' categories. Where such units are in out of centre locations, proposals for the variation of conditions that restrict the range of goods sold, proposals for the insertion of mezzanine floors, or proposals for the sub division of units will be determined against Policy SH3. (45)
10.97.5 To maximise the potential benefits from such developments in terms of City or town centre regeneration and of accessibility to all sections of the community, the Council, utilising the sequential approach, has identified a range of sites to accommodate the anticipated demand. These comprise principally sites on the edge of the City Centre, in locations where integration with the retail core inside the ring road can be achieved. (65)
   
   
   
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Policy SH132: New Retail Development - Foodstores
 
The approved mixed use development at Raglan Street and other small commitments will accommodate the requirement for large scale convenience goods floorspace to 2011. (46)
The Council has identified a need for one major new food store in the City in the period up to 2011. A site is identified on the Proposals Map, as part of the mixed-use development at Raglan Street on the edge of Wolverhampton City Centre.
Additional convenience goods floorspace in the form of new stores, or extensions to existing units Small to medium-sized food stores will be encouraged to locate within the identified City, town, district and local centres providing that they are of a size appropriate to the scale and function of these centres as defined in Policies SH5-SH9 need can be demonstrated and they meet the other requirements of policyies SH2 and SH3. (47)
One major new store and a limited number of small to medium size stores in defined centres are expected largely to meet the need for additional convenience retail floorspace over the period covered by the plan. Any other proposals will be considered on their merits against the general policies of the plan. (48)
Retailing at petrol filling stations should be ancillary to the principal use of the site for the sale of fuel and confined to motoring accessories, newspapers and magazines, tobacco and confectionery and a limited range of basic food and other convenience goods. The gross retail floorspace should not exceed 50 m². Proposals for filling station retailing which do not comply with this definition will be subject to policy SH2 and SH8. (49)
   
10.97.6 Since the existing 1993 (66) UDP was prepared three large new food stores - all in the 6,000 to 8,000 m² size range - have opened in Wolverhampton,. tTwo associated with Bilston and Wednesfield town centres respectively and the third on a free-standing site at Penn Road (where it is conveniently placed to meet a previously recognised deficiency in the south west of the City). The Wolverhampton Shopping and Town Centres Study identified a limited further potential up to 2011 which, after allowance is made for the expansion of the Wednesfield store which has already taken place, can be met through the provision of a single large store in the vicinity of Wolverhampton City Centre. This need will be met by the foodstore element of the approved mixed use development at Raglan Street. (50)
10.97.7 The development of some smaller stores with a local catchment area is not ruled out, particularly in those areas of the City currently lacking immediate access to large (67) food store facilities. The introduction of additional convenience goods floorspace small to medium-sized supermarkets into a number of district and local centres and of a size appropriate to their scale and function where they are currently absent - subject to the other criteria of the plan - would be particularly welcome. The Council's position on local shopping provision outside defined centres is set out in Policy SH98. (51)
10.97.8 An emerging form of retailing at the local level is the introduction of small supermarkets/convenience stores in association with petrol filling stations. The Council recognises that in certain circumstances such developments may provide a local shopping facility in an area that might otherwise remain deficient. However in general such developments, strongly orientated as they are to access by car, are contrary to the principles of sustainability. They may also be damaging to existing and potential future investment in centres or other more widely accessible locations. The Council will wish to be satisfied on these matters wherever such developments are proposed.
   
   
   
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10.108

Other Centre Uses

Policy SH1413: Catering Outlets
 
Catering outlets should be located within defined centres. Proposals for catering outlets in locations outside defined centres will only be permitted where a local need can be satisfied as set out in Policy SH9 and will be discouraged outside these locations. Proposals within defined centres (52) will be permitted provided that they are compatible with nearby uses and there would be no significant (53) harmful cumulative impact due to the existence of any existing or proposed catering outlet.
In considering all proposals for Class A3 (food and drink) use, whether by new build or change of use the Council will have regard in particular to:
1. the likely impact on the amenities of any residential accommodation in the vicinity, including the cumulative impact of an additional proposal where one or more such outlets exist in the immediate area;
2. the likely impact, where appropriate, on the shopping centre concerned (including compatibility with any frontage use policy);
3. the adequacy of parking or servicing provision;
4. the likely effect of car parking and servicing on the free and safe flow of traffic and the amenities of any residential accommodation in the area;
5.

the adequacy of provision for refuse storage and disposal, and the effect of such provision on the amenity of other properties.

These issues should be addressed within the design statement accompanying the application and within the plans, where appropriate.
Ventilation and fume extraction equipment should not be detrimental to visual amenity. Where there is residential accommodation on upper floors the Council will require ducting where necessary (54) to discharge above eaves level, together with the provision of adequate soundproofing.
Proposals for such uses will not be permitted in any of the following circumstances:
a) Where the proposal adversely affects the amenities of existing or proposed dwellings including those on the upper floors above commercial premises) by reason of noise, smell, disturbance or traffic impact. where there is existing housing at upper level in the premises concerned, or at ground or upper level in adjoining premises; (55)
b) where the applicant cannot show that he/she can implement necessary (56) measures relating to discharge of fumes or soundproofing through control over all relevant land and buildings;
c) where the implementation of the proposal would be contrary to the policy on protected frontages (SH109) or the relevant frontage use policies for Wolverhampton City Centre and Bilston and Wednesfield town centres, as defined in the relevant inset chapters.
For all such proposals which could, directly or indirectly, affect the amenities of residential accommodation, the Council may impose limits on the permitted hours of operation through conditions on planning permission where it is considered that such effects can thereby be mitigated. Proposals will also be considered in terms of the requirements of Policy EPNV1 Pollution Control.
Proposals that include a drive-through facility will be subject to Policy SH154.
The Council will seek the retention of pubs which provide an important local community facility and any proposal involving the loss of an existing pub will be subject to Policy C2. (57)
 
   
   
   
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10.108.1 Catering outlets (Class A3) typically include pubs, restaurants, cafes and hot food takeaways. There can be considerable overlap between these different types of facility as well as considerable variations. The policy will apply both to proposals for new buildings and to changes of use/conversions. Policy SH109 (Protected Frontages) and the frontage use policies for Wolverhampton City Centre and Bilston and Wednesfield town centres will also need to be considered. (58)
10.108.2 The Council recognises that catering uses provide a useful and necessary service to the community and can add to the vitality of shopping centres. They can however cause considerable pedestrian and vehicle activity and the Council needs to consider the likelihood of noise, fumes and disturbance to nearby residents, particularly at the weekend and late at night.
10.108.3 In order to minimise the environmental and transport issues raised by catering outlets and to ensure that they are accessible by a choice of transport modes they should be located within the defined centres, subject to frontage use policies. In some cases they may also be suitable in employment areas where there are unlikely to be problems with residential amenity and they can provide a service to local employees. In local shopping areas (i.e. those not identified as defined centres), proposals for catering outlets may be acceptable provided they do not cause significant problems with residential amenity, parking or highway capacity or threaten the local shopping role. Outside any of these locations, proposals will generally be discouraged because of residential amenity, parking or highway capacity problems.
10.108.4 In all potential locations the Council will consider compatibility with nearby uses in order to ensure the protection of residential amenity and achieve a suitable design and layout. Particular attention will be paid to the arrangements for fume and ventilation extraction which, if inappropriately located, can generate noise nuisance and be visually intrusive.
10.108.5 Highway considerations, which include capacity, road safety, car parking and delivery facilities may be considered to distinguish between hot-food takeaways and other types of outlet (for example, restaurants and cafes open during normal shop hours). If there are problems with these criteria, a condition preventing takeaway sales may be imposed where it is felt that such problems could thereby be overcome. There may be locations where it is felt that a significant group of catering outlets could cause cumulative problems, for example in competing for a limited amount of car parking and, if so, such concentrations will be discouraged.
   
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Policy SH154: Drive-Through Facilities
 
Drive-through or drive-in facilities will be discouraged, unless it can be shown that this format is an absolute requirement of the use proposed, which cannot be met in any other way.
The inclusion of a drive-through facility should not be a reason to require an edge-of-centre or out-of-centre location. Facilities should instead be provided in centres, where they will be accessible by a choice of means of transport, and must be well integrated, both functionally and visually into the centre concerned, with any parking provision serving the centre as a whole.
   
10.108.6 The concept of drive-through or drive-in facilities usually involves dedicated on-site car parking provision for customers, who may park either while they visit the premises or are served in their cars. The format is most commonly applied to fast-food outlets but might also be used for other goods and services.
10.108.7 Since this marketing format is clearly aimed at encouraging car-based trade it is liable to be in direct conflict with Government policies, and the policies of this plan, for reducing reliance on the private car. For this reason this policy discourages such facilities and encourages operators to provide goods and services in other ways.
   
   
   
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Policy SH165: Amusement Centres and Arcades
 
The Council will only permit amusement centre and arcade uses within Wolverhampton City Centre and the town and district centres as identified on the Proposals Map.
Within these centres Ssuch uses will only be permitted outside of the designated Primary and Secondary shopping frontages in Wolverhampton City Centre (as defined in Policy CC6 and outside the Primary Retail Areas of Bilston Town Centre (as defined in Policy BTC6) and Wednesfield Town Centre (as defined in Policy WVC6) core shopping areas, where these have been defined, and where there is no adjoining residential accommodation or other sensitive use such as schools or places of worship. (61)
In considering proposals for these uses, particular regard will be given to:
1. the impact on the amenities of any nearby existing or potential residential accommodation and other sensitive uses, including the potential impact upon crime and disorder in the locality; (68)
2. the impact on visual amenity (especially in conservation areas) and on the character of the area; and
3. road safety considerations.
These issues should be addressed within the design statement accompanying the application and within the plans, where appropriate.
Any such uses which are approved must be satisfactory to the Council in respect of the following matters, details of which must be submitted as part of the planning application or subject to control through planning conditions:
a) hours of operation;
b) arrangements for the management and permanent supervision of the centre and measures to prevent any undue nuisance by reason of noise, general disturbance or other causes;
c) the limitation of the use to the ground floor only;
d) provision of a shop front and permanent shop display to ensure that there is not a break in the shopping frontage.
Proposals will also be subject to the policy on protected frontages (SH109) or the relevant frontage use policies for Wolverhampton City Centre and Bilston and Wednesfield town centres as appropriate. (60)
 
   
10.108.8 The most suitable locations for these uses are within the larger shopping centres, on the fringe of the main shopping core. However the impact on adjoining occupiers and the area generally will be given careful consideration. In particular, the Council will seek to avoid any adverse effect on the amenities and viability of existing or potential residential accommodation. In this context the Council's intention to encourage the re-use of vacant upper floors above shops for residential use is relevant.
10.108.9 Moral and social implications associated with gambling, especially by young people, at these premises is not a matter which can be considered through existing planning control legislation. The Council will, however, in dealing with the issue of licences consider, as far as they are able under current legislation, these broader implications in consultation with the police, education and welfare services and environmental health and consumer services.
   
REASONS FOR PROPOSED CHANGES
1 In response to updated information
2 In response to updated information
3 In response to changing Government Guidance
4 In response to updated information
5 In response to updated information
6 In response to objection 126/450
7 In response to updated information
8 In response to updated information
9 In response to objections 74/160, 118/403
10 For clarification
11 In response to objections 82/203, 83/211, 118/404, 121/414, 150/680, 156/716
12 In response to objection 195/939
13 In response to objection 84/237
14 In response to objection 99/317
15 For clarification
16 For clarification
17 For clarification
18 In response to objections 83/212, 121/415, 150/676, 150/973
19 In response to objection 150/676
20 In response to updated information
21 In response to updated information
22 In response to updated information
23 For clarification
24 In response to objection 99/319
25 In response to objection 195/943
26 In response to objection 82/202
27 In response to objections 118/405, 124/443, 150/674
28 In response to objection 82/201
29 For clarification
30 For clarification
31 For clarification
32 For clarification
33 For clarification
34 For clarification
35 In response to objection 84/238
36 For clarification
37 For clarification
38 For clarification
39 In response to updated information
40 For clarification
41 In response to updated information
42 In response to updated information
43 In response to objection 174/927
44 In response to objection 126/448
45 In response to objection 126/448
46 In response to updated information
47 In response to updated information
48 In response to updated information
49 For clarification
50 In response to updated information
51 In response to updated information
52 For clarification
53 In response to objection 82/204
54 In response to objection 82/204
55 For clarification
56 In response to objection 82/204
57 In response to objection 82/204
58 For clarification
59 For clarification
60 For clarification
61 For clarification
62 For clarification
63 For clarification
64 For clarification
65 In response to updated information
66 For clarification
67 For clarification
68 In response to objection 20/55
69 In response to objection 84/238
70 For clarification
71 In response to objection 156/713
   
   
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