Development Management DPD Preferred Policy Options Document
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Development Management DPD Preferred Policy Options Document
The Role of the Development Management Development Plan Document
Representation ID: 28284
Received: 06/02/2012
Respondent: Gregory Gray Associates
I write on behalf of my client, The Garden Centre Group, owners of Raleigh Garden Centre, Eastwood Road, Rayleigh.
This site has been put forward as a potential housing site as part of the Council's Strategic Housing Land Availability Assessment since it would be appropriate as a minor extension to the residential envelope within a sustainable location, allowing the Council to meet its housing needs (the majority of which lie in Rayleigh) without detriment to the character and amenities of the area.
It is also considered that the site's sustainable location, well served by public transport links and close to a major centre of population renders it appropriate to provide a small scale employment site to meet local employment needs and as such it has also been advanced through the Site Allocations DPD process (Your reference 21551).
However, prior to the Council's formal publication of the Land Allocations DPD, my client recognises that the site is located within the Green Belt where general policies of restraint apply. My client is generally supportive of the terms of the policies contained in the Green Belt chapter of the Development Management DPD and in particular the fact that the Council's Vision includes support for existing businesses within the Green Belt which are recognised as being important to the local economy.
It is considered that this approach is consistent with recent Ministerial advice which indicates the need for the planning system to contribute towards a swift return to economic growth and that local authorities should use the opportunity of producing up to date development plans to be 'proactive in driving and supporting the growth that this country needs'.
However, it is noted that criteria (iii) of draft Policy DM10 states that 'where an extension is proposed it will not result in a disproportionate increase in floorspace over and above that of the original building'. The explanatory text to this policy indicates that the 'original building' will be taken as at 1948 where plans exist, or on the basis of the current building, in the absence of any evidence of extensions.
It is considered that such a requirement that any extension should not be disproportionate to the original, has the potential to discriminate against long established businesses who have sought to respond to the changing needs of the market over many years. It fails to take into account that within certain sectors, unless a business is allowed to provide modern facilities in line with those of competitors, it risks losing market share and becoming unviable.
Government advice makes clear that Local Planning Authorities should take into account the range of economic, environmental and social benefits associated with a development and that these can include indirect benefits such as those resulting from consumer choice and the robustness of the local economy as a function of business productivity (Ministerial Statement 'Planning for Growth' 23/03/2011).
Accordingly, it is considered that criteria iii of draft Policy DM10 should be omitted and instead each application should be judged on its own merits having regard to all the other provisions of this policy and the development's impact upon the openness of the Green Belt, not just as a factor of the floor area proposed.
Whilst the Development Management DPD Preferred Policies provides for expansion opportunities for existing businesses within the Green Belt, I am concerned to note at Paragraph 3.17, the Council's view that retail development (other than farm shops as per Core Strategy Policy GB2) is not considered an acceptable form of rural diversification in the Green Belt or in rural areas beyond the Green Belt.
This approach fails to take account of the specialist role that certain retail uses such as nurseries and garden centres have and their potential contribution towards the health of the rural economy. Such retail uses are very distinct in character, being best suited to a countryside location and tending to sell low value, bulky products that are not economically viable to retail within the High Street. Typically, they also require a high proportion of open land for the display of plant material which can be provided without detriment to the open character of their location.
It is recognised that the Council's adopted Core Strategy Policies adopt a sequential test towards new retail development, aiming to concentrate it within existing town centres in order to enhance their vitality and viability in accordance with the aims of PPS4 - Planning for Sustainable Economic Growth.
This 'town centre first' approach is echoed in the draft National Planning Policy Framework published in July 2011, however this also states (inter alia) at paragraph 6 that Local Planning Authorities should "set policies for the consideration of retail or leisure proposals which cannot be accommodated in or adjacent to town centres".
Garden Centres and nurseries comprise a form of retailing which is generally incompatible with a town centre location given their space requirements and low yield to floorspace ratio. Accordingly the Council should include a specific policy relating to the creation of new, and expansion of existing garden centres and nurseries within rural locations, in order to accord with recent Government advice.
Paragraph 81 of the draft NPPF indicates that 'planning policies should support sustainable economic growth in rural areas by taking a positive approach to new development'. However, it is recognised that in order to accord with this advice in its totality, together with adopted policy advice in PPS4 and PPG2, only new retail development which did not have an adverse impact upon the viability or vitality of local retail centres, or the open character of the surrounding land, could be acceptable.
PPS4 sets out a number of management policies which are required to be applied in the determination of applications for retail development in order that the Local Planning Authority has sufficient evidence to conclude whether the proposed development would have an adverse impact upon local Town Centres. It is considered that these tests, together with the advice contained within PPG2 and PPS7 are sufficient to determine the acceptability of any new garden centre or nursery related development.
Accordingly, it is requested that a specific Development Management policy be included, recognising the specialist retail role played by nurseries and garden centres, their need for a countryside location and their potential contribution to the rural economy.
The wording of this policy should provide a positive and constructive approach to the creation of new or extension of existing garden centres or nurseries within rural areas where it can be demonstrated that the proposed development would not have an adverse impact upon the vitality and viability of nearby towns or district shopping centres and where the proposed development would not have an adverse impact upon the character or amenities of the rural area.
The suggested wording for such a policy is set out below:
Policy DM - Nurseries and Garden Centres located with the Green Belt or the Countryside beyond the Green Belt.
New or expanded nurseries or garden centres will be permitted provided:
o They would not undermine the viability or vitality of nearby town or district shopping centres or other local shopping facilities;
o The development has been designed to minimise its impact on the character, appearance and openness of the Green Belt or the rural land beyond the Green Belt in which it is situated.
I would be grateful if these comments could be taken into consideration in the finalising of the Council's Development Management DPD and look forward to being kept informed of all emerging policy documents.
I write on behalf of my client, The Garden Centre Group, owners of Raleigh Garden Centre, Eastwood Road, Rayleigh.
This site has been put forward as a potential housing site as part of the Council's Strategic Housing Land Availability Assessment since it would be appropriate as a minor extension to the residential envelope within a sustainable location, allowing the Council to meet its housing needs (the majority of which lie in Rayleigh) without detriment to the character and amenities of the area.
It is also considered that the site's sustainable location, well served by public transport links and close to a major centre of population renders it appropriate to provide a small scale employment site to meet local employment needs and as such it has also been advanced through the Site Allocations DPD process (Your reference 21551).
However, prior to the Council's formal publication of the Land Allocations DPD, my client recognises that the site is located within the Green Belt where general policies of restraint apply. My client is generally supportive of the terms of the policies contained in the Green Belt chapter of the Development Management DPD and in particular the fact that the Council's Vision includes support for existing businesses within the Green Belt which are recognised as being important to the local economy.
It is considered that this approach is consistent with recent Ministerial advice which indicates the need for the planning system to contribute towards a swift return to economic growth and that local authorities should use the opportunity of producing up to date development plans to be 'proactive in driving and supporting the growth that this country needs'.
However, it is noted that criteria (iii) of draft Policy DM10 states that 'where an extension is proposed it will not result in a disproportionate increase in floorspace over and above that of the original building'. The explanatory text to this policy indicates that the 'original building' will be taken as at 1948 where plans exist, or on the basis of the current building, in the absence of any evidence of extensions.
It is considered that such a requirement that any extension should not be disproportionate to the original, has the potential to discriminate against long established businesses who have sought to respond to the changing needs of the market over many years. It fails to take into account that within certain sectors, unless a business is allowed to provide modern facilities in line with those of competitors, it risks losing market share and becoming unviable.
Government advice makes clear that Local Planning Authorities should take into account the range of economic, environmental and social benefits associated with a development and that these can include indirect benefits such as those resulting from consumer choice and the robustness of the local economy as a function of business productivity (Ministerial Statement 'Planning for Growth' 23/03/2011).
Accordingly, it is considered that criteria iii of draft Policy DM10 should be omitted and instead each application should be judged on its own merits having regard to all the other provisions of this policy and the development's impact upon the openness of the Green Belt, not just as a factor of the floor area proposed.
Whilst the Development Management DPD Preferred Policies provides for expansion opportunities for existing businesses within the Green Belt, I am concerned to note at Paragraph 3.17, the Council's view that retail development (other than farm shops as per Core Strategy Policy GB2) is not considered an acceptable form of rural diversification in the Green Belt or in rural areas beyond the Green Belt.
This approach fails to take account of the specialist role that certain retail uses such as nurseries and garden centres have and their potential contribution towards the health of the rural economy. Such retail uses are very distinct in character, being best suited to a countryside location and tending to sell low value, bulky products that are not economically viable to retail within the High Street. Typically, they also require a high proportion of open land for the display of plant material which can be provided without detriment to the open character of their location.
It is recognised that the Council's adopted Core Strategy Policies adopt a sequential test towards new retail development, aiming to concentrate it within existing town centres in order to enhance their vitality and viability in accordance with the aims of PPS4 - Planning for Sustainable Economic Growth.
This 'town centre first' approach is echoed in the draft National Planning Policy Framework published in July 2011, however this also states (inter alia) at paragraph 6 that Local Planning Authorities should "set policies for the consideration of retail or leisure proposals which cannot be accommodated in or adjacent to town centres".
Garden Centres and nurseries comprise a form of retailing which is generally incompatible with a town centre location given their space requirements and low yield to floorspace ratio. Accordingly the Council should include a specific policy relating to the creation of new, and expansion of existing garden centres and nurseries within rural locations, in order to accord with recent Government advice.
Paragraph 81 of the draft NPPF indicates that 'planning policies should support sustainable economic growth in rural areas by taking a positive approach to new development'. However, it is recognised that in order to accord with this advice in its totality, together with adopted policy advice in PPS4 and PPG2, only new retail development which did not have an adverse impact upon the viability or vitality of local retail centres, or the open character of the surrounding land, could be acceptable.
PPS4 sets out a number of management policies which are required to be applied in the determination of applications for retail development in order that the Local Planning Authority has sufficient evidence to conclude whether the proposed development would have an adverse impact upon local Town Centres. It is considered that these tests, together with the advice contained within PPG2 and PPS7 are sufficient to determine the acceptability of any new garden centre or nursery related development.
Accordingly, it is requested that a specific Development Management policy be included, recognising the specialist retail role played by nurseries and garden centres, their need for a countryside location and their potential contribution to the rural economy.
The wording of this policy should provide a positive and constructive approach to the creation of new or extension of existing garden centres or nurseries within rural areas where it can be demonstrated that the proposed development would not have an adverse impact upon the vitality and viability of nearby towns or district shopping centres and where the proposed development would not have an adverse impact upon the character or amenities of the rural area.
The suggested wording for such a policy is set out below:
Policy DM - Nurseries and Garden Centres located with the Green Belt or the Countryside beyond the Green Belt.
New or expanded nurseries or garden centres will be permitted provided:
o They would not undermine the viability or vitality of nearby town or district shopping centres or other local shopping facilities;
o The development has been designed to minimise its impact on the character, appearance and openness of the Green Belt or the rural land beyond the Green Belt in which it is situated.
I would be grateful if these comments could be taken into consideration in the finalising of the Council's Development Management DPD and look forward to being kept informed of all emerging policy documents.
