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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

10.1.10

Local Changes and Consultants’ Recommendations

141

10.1.14

Retail Need

142

     

10.2

Centres Strategy and the Sequential Approach

143

Policy SH1:  Centres Strategy (Part I)

143

     

10.3

Centre Uses

145

Policy SH2:  Centre Uses

145

     

10.4

Need and the Sequential Approach

145

Policy SH3:  Need and the Sequential Approach

145

Policy SH4:  Integration of Development into Centres

148

     

10.5

City and Town Centres

149

Policy SH5:  Wolverhampton City Centre

149

Policy SH6:  Bilston Town Centre and Wednesfield Village Centre

151

     

10.6

District and Local Centres

152

Policy SH7:  District Centres

152

Policy SH8:  Local Centres

153

     

10.7

Local Shops and Centre Uses

154

Policy SH9:  Local Shops and Centre Uses Outside Defined Centres

154

     

10.8

Protected Frontages

156

Policy SH10:  Protected Frontages

156

     

10.9

New Retail Development

157

Policy SH11:  New Retail Development -  Comparison Goods

157

Policy SH12:  New Retail Development - Bulky Comparison Goods

157

Policy SH13:  New Retail Development - Foodstores

158

     

10.10

Other Centre Uses

158

Policy SH14:  Catering Outlets

158

Policy SH15:  Drive-Through Facilities

160

Policy SH16:  Amusement Centres and Arcades

160

     

10.11

Retailing at Petrol Filling Stations

161

Policy SH17:  Retailing at Petrol Filling Stations

161

 
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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:

 
  • 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
  • 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 Town and Country Planning (Use Classes)(Amendment)(England) Order 2005 (the Use Classes Order). 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 SH2, 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, and again by the same consultants in October 2004.
   
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10.1.7

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.

   
 
National and Regional Policy Context
10.1.8

The key national planning policy guidance for the policies and proposals contained in this Chapter is provided by PPS6 ‘Planning for Town Centres’ (2005). This guidance re-emphasises the Government’s commitment to promoting vital and viable town centres, and encourages development to be focussed in existing centres in order to strengthen and regenerate them. In order to deliver these objectives, local planning authorities should:

 
  • Actively promote growth and manage change in town centres;
  • Define a network and hierarchy of centres each performing their appropriate role to meet the needs of their catchments; and
  • Adopt a proactive, plan led approach to planning for town centres.
10.1.9

The Regional Spatial Strategy for the West Midlands (RPG11, 2004) 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. The guidance identifies 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
10.1.10

The pattern of retailing in Wolverhampton has changed significantly since the 1993 UDP 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.

10.1.11

Improvement of the City Centre, and the 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 centres, including full or partial pedestrianisation of their main shopping streets.

10.1.12 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.
   
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10.1.13

The 1998 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. The 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. 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.
  • The most appropriate direction for expansion of the City Centre retail core so as to enhance its overall appeal to shoppers is towards the 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 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.
   
 
Retail Need
10.1.14

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.

10.1.15

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 importance in determining the scale and form of need.

   
 
Comparison Goods 
10.1.16 For comparison goods the consultants studies have identified the following broad quantitative need for development associated with the city centre to 2011:
 

2004

21,830 sqm net
2006   27,350 sqm net
2011   36,310 sqm net
   
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10.1.17

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.

   
  Retail Warehousing
10.1.18 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:
 

2004

7,210 sqm net

2006   surplus of 580 sqm net
2011   150 sqm net
 

10.1.19The most significant retail warehousing commitment is at Raglan Street on the edge of Wolverhampton City Centre.

   
  Foodstores
10.1.20 With regard to foodstores the 2004 CB Richard Ellis Assessment identifies the following level of convenience need:
 

2004

1,670 sqm net

2006   630 sqm net
2011   2,140 sqm net
   
10.1.21

This assessment is made on the basis that the existing J Sainsbury store at St George’s Parade will cease to trade and not be replaced by another foodstore operator, following completion of the Raglan Street development. However, if the existing store continues to trade or is replaced by a smaller replacement store this level of residual spending would reduce substantially. The 2004 CB Richard Ellis Assessment indicates that if the J Sainsbury store at St George’s Parade is replaced by a smaller foodstore, the residual convenience need at 2011 would equate to approximately 700 sqm net. The Council understands that it is the current intention of J Sainsbury to remain trading from St George’s Parade and not to implement proposals for a new store at Raglan Street. This notwithstanding, the need for one large food store originally identified in the 1998 DTZ Pieda study will be satisfied by the approved proposal at Raglan Street.

10.1.22 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 four district centres identified on the Proposals Map and listed in Policy SH7 will be supported as the focus of convenience shopping and other local services, social, leisure and community uses within their respective localities.
  • The 24 local centres identified on the Proposals Map and listed in Policy SH8 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.

Outside identified centres, retail and other centre uses will 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. Other development of centre uses in edge of centre or out of centre locations will be permitted only where the requirements of Policy SH3 are met.

   
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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).

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 SH6). 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 SH3).

   
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10.3

Centre Uses

Policy SH2: Centre Uses
 

The following will be regarded as centre uses:

  • Retail (including warehouse clubs and factory outlet centres);
  • Leisure, entertainment facilities, and the more intensive sport and recreation uses (including cinemas, restaurants, bars and pubs, night clubs, casinos, health and fitness centres, indoor bowling centres, and bingo halls);
  • Offices, both commercial and those of public bodies; and
  • Arts, culture and tourism (theatres, museums, galleries and concert halls, hotels, and conference facilities)

In addition, housing will be an important element in most mixed use, multi storey developments.

   
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 PPS6. 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.

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10.4

Need and the Sequential Approach

Policy SH3: Need and the Sequential Approach
 

Proposals for the development of centre uses which serve more than a local need in locations outside defined centres and not in accordance with allocations made in this Plan will be permitted provided that it has been demonstrated that:

1. There is a need for the proposed development;
2. A sequential approach to site selection has been adopted; and
3. The proposed development is of a scale and nature appropriate to the location concerned.

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 SH4.

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 the type of goods to be sold could not be sold within, or failing that on the edge of, a centre. The Council will apply the sequential test in a flexible and realistic manner.

The Council will take into account any genuine difficulties applicants can demonstrate in operating their business model from the sequentially preferable sites in terms of scale, format, car parking provision and scope for disaggregation. The Council will also expect applicants to be innovative and flexible in their requirements in terms of considerations such as floorspace, unit sizes, layouts and configurations, 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.

However, a single operator will not be expected to split their proposed development into separate sites where flexibility in terms of scale, format, car parking provision and scope for disaggregation has been clearly demonstrated.

For proposals involving an extension to existing facilities, the sequential approach will only be a relevant consideration where the gross floor space of the proposed extension exceeds 200 sqm.

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 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.
6. The proposed development contributes to the objectives of reducing the need to travel and reducing car use and does not significantly increase local traffic levels of congestion.
7. There is no significant detriment to local amenity.

Where necessary, when edge of centre or out of centre developments are approved, the Council will impose appropriate planning conditions 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 to be attached will depend on the character of individual schemes, but the following principles will be followed for retail developments:

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 sqm (10,000 sqft) gross will be allowed unless it meets a local need;

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.

the range and proportion of ancillary services, sales and activities proposed may be restricted in order to ensure that they remain ancillary to the main development where it is considered that, if uncontrolled, these ancillary uses would not otherwise have been permitted.

   
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10.4.1

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.

10.4.2

All relevant significant proposals for centre uses outside defined centres 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 expenditure, although in the case of retailing this will usually be a necessary condition. The promotion of regeneration or social inclusion will not be regarded as indicators of retail need but may be material considerations in the selection of sites.

   
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10.4.3

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.

10.4.4

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 PPS6 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 SH4). 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.

10.4.5

For any edge of centre or 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.

10.4.6

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.

10.4.7 All proposals for centre uses (as defined in Policy SH2) 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.
10.4.8

The definition of centre uses for the purposes of this Policy is consistent with the definition of “town centre uses” set out in PPS6. 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 B11) will be subject to this Policy. In the case of warehouse clubs, they will be treated as retail uses and centre uses for the purpose of this Policy.

   
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Policy SH4:  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:

  • For the purposes of retail development, sites within the defined Shopping Quarter of the City Centre or within the Primary Shopping Areas of the defined town centres will be treated as in centre locations.
  • For the purposes of development for leisure uses, or for other centre uses that attract a significant number of visits from members of the public or for uses that are likely to be visited in the course of shopping trips sites within the Ring Road (in the case of the City Centre) or within the Inset Map boundaries (in the case of Bilston and Wednesfield town centres) will be treated as in centre locations.
  • For the purposes of development of Class B1 office uses or for other uses that do not attract large numbers of visits from members of the public sites within the relevant Inset Map boundary will be treated as in centre locations.

Edge of Centre

For retail purposes, a location that is well connected to and within easy walking distance (i.e. up to 300 metres) of the Shopping Quarter of the City Centre or the Primary Shopping Areas of the Town Centres will be regarded as edge of centre.

District and Local Centres:

  • In centre developments will be within the centre boundaries shown on the Proposals Map.
  • Edge of centre developments – for retailing and other uses – should be well connected and  immediately adjoining or close to existing in centre 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.

   
10.4.9

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 SH4 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.

10.4.10 Government guidance (PPS6) provides some indications as to what may reasonably be regarded as an edge of centre location. The Guidance explains that for retail purposes, a location that is well connected to and within easy walking distance (i.e. up to 300 metres) of the primary shopping area may be regarded as edge of centre. For all other major town centre uses, this is likely to be within 300 metres of the ring road (in the case of the City Centre), or Town Centre Inset Map boundaries. For office development, locations outside the City and Town centres but within 500 metres of a public transport interchange, including railway and bus stations can be considered edge of centre for the purpose of the sequential approach. In determining whether a site falls within the definition of edge of centre, account should be taken of local circumstances. For example, local topography will affect pedestrians’ perceptions of easy walking distance from the centre. Other considerations include barriers, such as crossing major roads and car parks, the attractiveness and perceived safety of the route and the strength of attraction and size of the centre. A site not well connected to a centre where it is physically separated from it by a barrier such as a major road, railway line or river and there is no existing or proposed pedestrian route which provides safe and convenient access to the centre. 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 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 SH5: 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 a large foodstore and bulky goods retailing as part of a mixed-use development at Raglan Street;
  9. Achievement of a mixed use redevelopment of the former Royal Hospital area including residential, but excluding large scale retail.
   
10.5.1

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.

10.5.2 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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10.5.3

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 principally by the approved 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.

10.5.4

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.

10.5.5

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.

10.5.6

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’.

10.5.7 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 SH6: Bilston Town Centre and Wednesfield Village Centre
 

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 Primary Shopping Area and the Sainsbury’s superstore and between the Village Centre and 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.

   
10.5.8

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 paralleled 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.

10.5.9

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.

10.5.10 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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10.5.11

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 separated from the Primary Shopping Area by the Black Country Route, but has complemented the existing town centre to some degree. Surveys in Wednesfield, suggest that the Sainsbury’s (ex. Coop) store tends to act as a free-standing attraction, little used in association with the village 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.

10.5.12

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.

10.5.13 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. 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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10.6

District and Local Centres

Policy SH7: 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)

Stafford Road (Three Tuns)

2) Cannock Road (Scotlands)
3) Tettenhall Village

4)

Whitmore Reans / Avion Centre

The Council will support proposals for new retail and other centre use development appropriate in scale to the function of these centres and their catchments within their defined boundaries, subject to Policies SH1 and SH3 and environmental and traffic considerations.

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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10.6.1

The four 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). Most of these district centres have between 25 and 50 shops and approximately 2,500 sqm to 5,000 sqm gross of retail floor space.

10.6.2

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 SH8. 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.

10.6.3 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.
 
Policy SH8: 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)

Broadway

2) Bushbury Lane
3) Showell Circus
4) Wood End
5) Stubby Lane
6) Heathtown
7) Parkfield
8) Spring Hill
9) Penn Manor
10) Upper Penn
11) Pennfields
12) Bradmore
13) Merry Hill
14) Castlecroft
15) Finchfield
16) Tettenhall Wood
17) Newbridge
18) Aldersley
19) Pendeford Park
20) Fallings Park
21) Ashmore Park
22) Compton Village
23) Warstones Road
24) Dudley Road / Blakenhall

The Council will support proposals for new retailing and centre uses appropriate in scale to the role and function of these centres and their catchments 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 SH9 and SH10.

   
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10.6.4

In addition to Bilston and Wednesfield town centres and the four district centres, 24 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.

10.6.5 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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10.7

Local Shops and Centre Uses

Policy SH9: Local Shops and Centre Uses outside Defined Centres
 

The Council will seek to ensure the provision and retention of local shops and other centre uses (as defined in Policy SH2)¹ 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

Proposals for new local shops and centre uses by new build or change of use, and for extensions to premises used as local shops or for centre uses which are located outside the defined boundaries of local centres, will only be permitted if it can be shown that all of the following criteria will be met:

1.

There is a demonstrated local need which cannot be met by existing provision in the area or by development on an available site in a local centre or the use of suitable vacant premises in the area;

2. the proposed development is commensurate in scale with the local need that has been identified;
3. the proposal will help to reduce the need to travel, especially by car, and will offer safe and easy access by walking and cycling, and if possible by public transport, from the catchment it is intended to serve;

4.

there will be no significant impact upon a defined centre, including centres outside Wolverhampton;
5. there will be no adverse impact on highway safety, the free flow of traffic and residential amenity (in particular the establishment of shops in terraced properties adjoining residential accommodation will be resisted);

6.

the site of the proposal is adjacent to an existing cluster or parade of shops, unless it is shown that no site in such a location is available.

These considerations will apply to proposals for non ancillary retailing at petrol filling stations outside of defined centres.

Where local shopping and local facilities for centre uses are inadequate to meet the needs of an existing or growing population, the Council will seek to negotiate planning agreements for the inclusion of such facilities within new housing or other development schemes.

¹ the main role of ‘local shops’ is to meet the everyday needs of people living within walking distance

²

‘convenience shops’ are those selling predominantly food and other everyday requirements
   
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10.7.1

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 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.

10.7.2

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 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, A4 and A5 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 SH10).

10.7.3

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.

10.7.4 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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10.8

Protected Frontages

Policy SH10: 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 all of the following criteria are met:

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 SH9 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, should harmonise with the building of which it forms a part and with neighbouring buildings in terms of design, scale, materials, colour and texture. Shopfront treatments should also maintain views into the unit in the daytime and at night. Further guidance on shopfront treatment is set out in Supplementary Planning Guidance.

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 SH14 and SH16 respectively.

   
10.8.1

Many non-retail uses which provide for visiting members of the public (mostly falling within Classes A2, A3, A4 and A5 of the Town and Country Planning (Use Classes)(Amendment)(England) Order 2005 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 SH10 therefore provides criteria through which a reasonable balance can be maintained.

10.8.2 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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10.9

New Retail Development

Policy SH11: New Retail Development – 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 36,310 sqm net of comparison goods floorspace to be provided in Wolverhampton City Centre over the period 2003-2011. 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 Primary Shopping 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 Primary Shopping 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 SH4).

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 SH3 and SH4.

   
10.9.1

In terms of expenditure changes and floor space requirements for city centre comparison  retailing, the Wolverhampton Shopping and Town Centres Study implies a remaining need for an additional  36,310 sqm net 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.

10.9.2 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 Primary Shopping Area of the centre concerned and should not be of such a scale as to jeopardise the priority for City Centre investment.
 
Policy SH12: New Retail Development – Bulky Comparison Goods
 

The committed 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.

These developments are largely expected to meet the requirements  for bulky goods retail and any additional proposals will be considered on their merits and in relation to other UDP policies.

   
10.9.3

Bulky goods retail units in the form of ‘retail warehouses’ - 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 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. 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. 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.

   
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10.9.4

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 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.

 
Policy SH13: 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.

Additional convenience goods floorspace in the form of new stores, or extensions to existing units   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 and they meet the other requirements of Policy SH3.

   
10.9.5

Since the 1993 UDP was prepared three large new food stores - all in the 6,000 to 8,000 sqm size range - have opened in Wolverhampton, two 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 would be met by the foodstore element of the approved mixed use development at Raglan Street. If the approved development at Raglan Street is not implemented, the Council will seek an alternative development of the site incorporating similar food store provision.

10.9.6 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 food store facilities. The introduction of additional convenience goods floorspace  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 SH9.
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10.10

Other Centre Uses

Policy SH14: Catering Outlets
 

Catering outlets (comprising uses within Classes A3, A4 and A5 of the Use Classes Order) should be located within defined centres, except where a proposal would comply with Policy SH9 in meeting a local need for this type of use which cannot be met within a defined centre.

Proposals for catering outlets will not be permitted where:

  1. the proposal would conflict with the frontage use policy for the centre in which it would be sited, or would otherwise harm the vitality and / or viability of the centre; or
  2. significant harm would be caused to the amenities of existing or proposed residential accommodation in the vicinity, either individually or cumulatively with other Class A3, A4 and A5 uses, including by reason of noise, smell, general disturbance or traffic impact; or
  3. significant harm would be caused to the visual amenities of the area by proposed ventilation and / or fume extraction equipment incorporated in the proposal; or
  4. the vehicle movements and parking generated would be harmful to highway safety or the free flow of traffic, taking into account the availability of space for parking and servicing; or
  5. adequate provision would not be made for the storage and disposal of refuse.

Proposals which could affect the amenities of residential accommodation may be permitted subject to conditions to limit the permitted hours of operation, where it is considered that the effects can be satisfactorily mitigated by such a limit. Proposals that include a drive through facility will also be subject to Policy SH15.  

   
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10.10.1

Catering outlets (Classes A3, A4 and A5) typically include pubs, restaurants, cafes and hot food takeaways. The policy will apply both to proposals for new buildings and to changes of use/conversions. Policy SH10 (Protected Frontages) and the frontage use policies for Wolverhampton City Centre and Bilston and Wednesfield town centres will also need to be considered.

10.10.2

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.

10.10.3

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.

10.10.4

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, especially in terms of the height of any associated ducting and soundproofing arrangements. If inappropriately located, such equipment can generate noise nuisance and be visually intrusive.

10.10.5 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 SH15: 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.

   
10.10.6

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.

10.10.7 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.
Policy SH16: Amusement Centres and Arcades
 

Proposals for amusement centres and arcades will only be permitted in the following locations:

i.

within those parts of Wolverhampton City Centre which are outside of the designated Primary and Secondary shopping frontages;

ii.

within those parts of Bilston Town Centre and Wednesfield Village Centre outside of the designated Primary Shopping Areas;

iii.

within the defined district centres.

In these locations, proposals will not be permitted at sites or buildings that are adjoined by residential accommodation or by other sensitive uses, such as schools or places of worship.

In addition to the general locational considerations above, proposals will only be permitted where:

a)

they are limited to the ground floor of the premises; and

b)

a shop front and permanent shop window display is provided to avoid a break in the shopping frontage; and

c)

no significant harm will be caused to:

  -

the amenities of existing or proposed residential accommodation and other

  -

sensitive uses in the vicinity; and

  - the visual amenities and character of the area; and
  - highway safety; and
  -

the potential for increased crime and disorder in the locality.

Proposals which would otherwise affect the amenities of residential accommodation or other sensitive uses may be permitted subject to conditions to limit the permitted hours of operation, where it is considered that the effects can be satisfactorily mitigated by such a limit.

   
10.10.8

The most suitable locations for these uses are within the City Centre outside the primary and secondary frontages, Bilston and Wednesfield Centres outside the Primary Shopping Area, and the District Centres. However, within these locations, 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.

   
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10.10.9 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.
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10.11

Retailing at Petrol Filling Stations

Policy SH17: Retailing at Petrol Filling Stations
 

Where proposals for retailing at petrol filling stations do not comply with Policies SH3 or with Policy SH9, the extent of retail floorspace will be limited to that which is ancillary to the principal use of the site for the sale of fuel; the retail use will be confined to motoring accessories, newspapers and magazines, tobacco and confectionery and a limited range of basic food and other convenience goods, and the gross retail floorspace should not exceed 90 sqm.

   
10.11.1

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, Policy SH17 requires that where proposals for retailing at petrol filling stations is not in compliance with Policies SH3 or Policy SH9, the retail element will be confined to motoring accessories, newspapers and magazines, tobacco and confectionery and a limited range of basic food and other convenience goods, and the gross retail floorspace should not exceed 90 sqm.

   
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