Hockley Area Action Plan Submission Document

21825/A3/AI 22nd January 2013

ROCHFORD DISTRICT COUNCIL
HOCKLEY AREA ACTION PLAN
REPRESENTATIONS ON BEHALF OF THE CO-OPERATIVE GROUP

BACKGROUND

1. We act on behalf of the Co-operative Group ("the Co-op") and have been instructed to submit representations and objections to the consultation on the Hockley Area Action Plan. In particular, these representations focus on the allocation of a circa 3,000 sq m gross foodstore on the Eldon Way Site.

2. The Co-op is an important and longstanding stakeholder in Hockley, operating a 'Co-operative Food' store in the Town Centre. This store performs an important anchor role. It generates trade, footfall and associated spin-off benefits for other retailers, in turn providing a valuable contribution to the overall vitality and viability of the Town Centre.

3. Against this background, we set out our comments and in particular our objection to the Draft Local Plan and its performance against the soundness tests contained within the National Planning Policy Framework (NPPF) at paragraph 182.

REPRESENTATION

Chapter 2 - Hockley in Context

2.4 Retail Issues

4. This section of the AAP provides a very brief summary of the Retail and Leisure Study (August 2008) prepared by WYG ("the Study").

5. Reference is made in this section to Hockley's retention of 8.1% of food expenditure. This is not the case as the Study shows that this relates to main food convenience expenditure only. For top-up shopping, the Study shows that Hockley retains 42% of expenditure. The AAP is therefore misleading as it does not provide an accurate representation of the Study.

6. Whilst not set out in this section of the AAP, the Study identifies capacity or 'need' of 300 sq m net convenience goods floorspace in Hockley up to 2026, based on the sales densities of the 'top four' operators. For discount operators (e.g. Aldi and Lidl), the capacity equates to 890 sq m net up to 2026. The district wide 'need' in 2026 is between 1,250 sq m net (based on the 'top four' operators) and 3,000 sq m net (based on discount operators).

7. It should be noted that since the Study was published, a Sainsbury's Local store has opened on Spa Road. With a sales area of circa 208 sq m net, this will meet the majority of the convenience goods need identified for Hockley up to 2026, leaving a residual capacity of just 92 sq m net convenience goods floorspace for a 'top four' operator. On the basis that there is minimal need for additional convenience goods floorspace, it is not considered necessary to promote a new foodstore at Eldon Way. We comment on this in more detail in respect of Policy 6 below.

8. The Study concludes that the scale of need identified in Hockley does not lend itself to a foodstore capable of retaining a significant proportion of main food expenditure. The Study considers it more appropriate to focus on enhancing the existing offer, potentially through store extensions rather than new retailers which may duplicate the existing offer, or promoting a smaller independent offer. In particular, paragraph 10.29 sets out its recommendations for Hockley and states:

"...we recommend that focus be maintained on developing Hockley's existing strengths, rather than retail expansion".

9. There is no justification for significant additional retailing in Hockley and no robust evidence to justify a 3,000 sq m gross foodstore.

10. Notwithstanding the above, it is considered that the evidence base is now out of date being based on a household survey undertaken in March 2008. The Co-op therefore has significant concerns over the use of it in seeking to justify the proposed allocation of the Eldon Way site.

Chapter 3 - A Framework for a Better Hockley

Policy 1 - Hockley Area Action Plan Framework

11. Policy 1 proposes new retail development on the Eldon Way site, as part of a mixed-use development. The supporting text to the policy (page 32) recognises that the site is not owned by the Council and is dependent on private landowners.

12. Given the ownership position, there is no certainty that the redevelopment of the site can be delivered. This has implications for the AAP, as recognised on page 32 which states that many elements of the framework are dependent on the successful mixed-use redevelopment of the Eldon Way Site. This raises significant concerns over the delivery of any scheme and in turn the AAP.

13. Whilst Policy 1 does not specifically refer to the proposed foodstore at the Eldon Way site, for the reasons set out below in respect of Policy 6, it is clear that the inclusion of a circa 3,000 sq m foodstore is not justified. Any reference to 'shops' at the Eldon Way Opportunity Site should therefore be clarified as being for small scale non-food / independent retailing as recommended in the Council's evidence base.

Figure 13 - Hockley AAP Framework Plan

14. The Co-op is particularly concerned that Figure 13 identifies an area for 'New retail development potential' which includes the site of its existing store and appears to be part of the wider Eldon Way proposals. The Co-op objects to the identification of its store for development and has no intention to redevelop its existing site.

Chapter 4 - Proposals Plan & Area-Wide Policies

Figure 14 - Hockley AAP Proposals Map

15. The Co-op supports the identification of its store within the Town Centre Boundary and Primary Shopping Frontage for Hockley, reflecting the important role it performs as an anchor store for the rest of the Town Centre.

16. The Co-op does however object to the inclusion of its store within the Eldon Way Opportunity Site for the reasons set out above. The inclusion of its store within the Opportunity Site has not been justified by the AAP and raises significant doubts over the delivery of any scheme at Eldon Way. On the basis that the evidence base does not justify the proposed development of the Eldon Way site, there is no need for the Co-op's store to form part of it.

Policy 6 - Improving Retail Choice for Local People

17. Policy 6 sets out the specific aims for the Eldon Way site, including the provision of a 3,000 sq m gross foodstore.

18. The allocation of a foodstore is not justified by the LPA's retail evidence base. Notwithstanding that this is now out of date, the evidence base only justifies an additional circa 92 sq m net convenience goods floorspace in Hockley (allowing for the recent opening of the Sainsbury's Local store). On this basis, there is no need for a foodstore of 3,000 sq m gross in Hockley.

19. Reference is made in the supporting text to Policy 6 (page 48) to the district-wide convenience goods capacity of 3,000 sq m net in 2026. It should be noted that this level of floorspace relates to a 'discount' operator. The need for a 'top four' operators equates to 1,250 sq m net across the district in 2026 (and would equate to a store of circa 2,000 sq m gross). This alone does not justify a store of 3,000 sq m gross in Hockley or indeed anywhere else in the District.

20. Notwithstanding that there is a lack of District-wide need for a foodstore of 3,000 sq m gross, in any event it is not appropriate to meet the needs of Rochford and Rayleigh in Hockley, as it is clearly a separate settlement with different characteristics to those locations. Residents in these towns are highly unlikely to shop in Hockley. This is clearly recognised in Core Strategy Policy RTC2 (Sequential Approach to Retail Development), as follows:

"...When applying the sequential approach to retail development, the settlements of Rayleigh, Rochford and Hockley will be acknowledged as distinct areas - retail needs in one settlement cannot be met by development in others..."

21. Therefore, reference to the District wide need in seeking to justify additional floorspace in Hockley is contrary to the Core Strategy.

22. The provision of a new store appears to be based on the aim to claw back leakage of convenience expenditure outside of the District. However the Study shows that the most popular store for Hockley residents is Tesco Extra, Westcliff-on-Sea. With a floorspace of circa 9,400 sq m gross it is considered highly unlikely that shoppers at this store would change their shopping patterns and instead shop at a store in Hockley less than a third of its size. The suggested clawback aims of the proposed foodstore would not therefore be achieved.

23. Page 48 of the AAP states that the capacity study establishes a store of up to 3,000 sq m gross is the largest that could be accommodated on the site. We assume that this does not refer to the capacity or need identified in the Retail Study, but is instead a reference to physical capacity. This should be clarified for the avoidance of doubt.

24. In addition, it should be noted that the Co-op is investigating the potential for an extension to its existing store. Such a proposal would be fully in accordance with the Council's objective to improve the retail offer and attraction of the Town Centre, would be in line with the Council's evidence base recommendation to focus on enhancing the existing convenience offer through extensions to existing stores and importantly would be of a scale commensurate with the identified need for the locality. This should be supported by the AAP.

25. On this basis, the proposed allocation of the Eldon Way site for a foodstore of 3,000 sq m gross cannot be considered sound as it has not been positively prepared, is not justified, effective or consistent with national policy. It is not consistent with the Council's evidence base and the rationale behind it is contrary to the Council's Core Strategy. The allocation of the Eldon Way site for a foodstore of circa 3,000 sq m gross should therefore be deleted.

Recommended Changes To The Hockley Area Action Plan Submission Document (November 2012)

26. For the reasons set out above, the Co-op objects to the AAP in its current form. The following changes are therefore proposed in order to make the Plan 'sound':

* Amend Policy 1 to specifically exclude a new foodstore as part of the proposed retail uses, as this is not justified against the evidence base.
* Amend Figure 13 to exclude the Co-operative Food store from the area identified for 'new retail development', as this is not justified against the evidence base.
* Amend Figure 14 to exclude the Co-operative Food store from the Eldon Way Opportunity Site as its proposed development is not justified by the evidence base and the AAP does not demonstrate that it is necessary.
* Amend Policy 6 to remove any references to the proposed development of a foodstore at the Eldon Way site, as this is not justified by the evidence base and the rationale behind it is not supported by the Council's Core Strategy. Policy 6 should be specifically amended to support the growth and expansion of existing premises in the Centre, as set out in the Council's evidence base.

BARTON WILLMORE LLP, 22nd JANUARY 2013

21825/A3/AI 22nd January 2013

ROCHFORD DISTRICT COUNCIL
HOCKLEY AREA ACTION PLAN
REPRESENTATIONS ON BEHALF OF THE CO-OPERATIVE GROUP

BACKGROUND

1. We act on behalf of the Co-operative Group ("the Co-op") and have been instructed to submit representations and objections to the consultation on the Hockley Area Action Plan. In particular, these representations focus on the allocation of a circa 3,000 sq m gross foodstore on the Eldon Way Site.

2. The Co-op is an important and longstanding stakeholder in Hockley, operating a 'Co-operative Food' store in the Town Centre. This store performs an important anchor role. It generates trade, footfall and associated spin-off benefits for other retailers, in turn providing a valuable contribution to the overall vitality and viability of the Town Centre.

3. Against this background, we set out our comments and in particular our objection to the Draft Local Plan and its performance against the soundness tests contained within the National Planning Policy Framework (NPPF) at paragraph 182.

REPRESENTATION

Chapter 2 - Hockley in Context

2.4 Retail Issues

4. This section of the AAP provides a very brief summary of the Retail and Leisure Study (August 2008) prepared by WYG ("the Study").

5. Reference is made in this section to Hockley's retention of 8.1% of food expenditure. This is not the case as the Study shows that this relates to main food convenience expenditure only. For top-up shopping, the Study shows that Hockley retains 42% of expenditure. The AAP is therefore misleading as it does not provide an accurate representation of the Study.

6. Whilst not set out in this section of the AAP, the Study identifies capacity or 'need' of 300 sq m net convenience goods floorspace in Hockley up to 2026, based on the sales densities of the 'top four' operators. For discount operators (e.g. Aldi and Lidl), the capacity equates to 890 sq m net up to 2026. The district wide 'need' in 2026 is between 1,250 sq m net (based on the 'top four' operators) and 3,000 sq m net (based on discount operators).

7. It should be noted that since the Study was published, a Sainsbury's Local store has opened on Spa Road. With a sales area of circa 208 sq m net, this will meet the majority of the convenience goods need identified for Hockley up to 2026, leaving a residual capacity of just 92 sq m net convenience goods floorspace for a 'top four' operator. On the basis that there is minimal need for additional convenience goods floorspace, it is not considered necessary to promote a new foodstore at Eldon Way. We comment on this in more detail in respect of Policy 6 below.

8. The Study concludes that the scale of need identified in Hockley does not lend itself to a foodstore capable of retaining a significant proportion of main food expenditure. The Study considers it more appropriate to focus on enhancing the existing offer, potentially through store extensions rather than new retailers which may duplicate the existing offer, or promoting a smaller independent offer. In particular, paragraph 10.29 sets out its recommendations for Hockley and states:

"...we recommend that focus be maintained on developing Hockley's existing strengths, rather than retail expansion".

9. There is no justification for significant additional retailing in Hockley and no robust evidence to justify a 3,000 sq m gross foodstore.

10. Notwithstanding the above, it is considered that the evidence base is now out of date being based on a household survey undertaken in March 2008. The Co-op therefore has significant concerns over the use of it in seeking to justify the proposed allocation of the Eldon Way site.

Chapter 3 - A Framework for a Better Hockley

Policy 1 - Hockley Area Action Plan Framework

11. Policy 1 proposes new retail development on the Eldon Way site, as part of a mixed-use development. The supporting text to the policy (page 32) recognises that the site is not owned by the Council and is dependent on private landowners.

12. Given the ownership position, there is no certainty that the redevelopment of the site can be delivered. This has implications for the AAP, as recognised on page 32 which states that many elements of the framework are dependent on the successful mixed-use redevelopment of the Eldon Way Site. This raises significant concerns over the delivery of any scheme and in turn the AAP.

13. Whilst Policy 1 does not specifically refer to the proposed foodstore at the Eldon Way site, for the reasons set out below in respect of Policy 6, it is clear that the inclusion of a circa 3,000 sq m foodstore is not justified. Any reference to 'shops' at the Eldon Way Opportunity Site should therefore be clarified as being for small scale non-food / independent retailing as recommended in the Council's evidence base.

Figure 13 - Hockley AAP Framework Plan

14. The Co-op is particularly concerned that Figure 13 identifies an area for 'New retail development potential' which includes the site of its existing store and appears to be part of the wider Eldon Way proposals. The Co-op objects to the identification of its store for development and has no intention to redevelop its existing site.

Chapter 4 - Proposals Plan & Area-Wide Policies

Figure 14 - Hockley AAP Proposals Map

15. The Co-op supports the identification of its store within the Town Centre Boundary and Primary Shopping Frontage for Hockley, reflecting the important role it performs as an anchor store for the rest of the Town Centre.

16. The Co-op does however object to the inclusion of its store within the Eldon Way Opportunity Site for the reasons set out above. The inclusion of its store within the Opportunity Site has not been justified by the AAP and raises significant doubts over the delivery of any scheme at Eldon Way. On the basis that the evidence base does not justify the proposed development of the Eldon Way site, there is no need for the Co-op's store to form part of it.

Policy 6 - Improving Retail Choice for Local People

17. Policy 6 sets out the specific aims for the Eldon Way site, including the provision of a 3,000 sq m gross foodstore.

18. The allocation of a foodstore is not justified by the LPA's retail evidence base. Notwithstanding that this is now out of date, the evidence base only justifies an additional circa 92 sq m net convenience goods floorspace in Hockley (allowing for the recent opening of the Sainsbury's Local store). On this basis, there is no need for a foodstore of 3,000 sq m gross in Hockley.

19. Reference is made in the supporting text to Policy 6 (page 48) to the district-wide convenience goods capacity of 3,000 sq m net in 2026. It should be noted that this level of floorspace relates to a 'discount' operator. The need for a 'top four' operators equates to 1,250 sq m net across the district in 2026 (and would equate to a store of circa 2,000 sq m gross). This alone does not justify a store of 3,000 sq m gross in Hockley or indeed anywhere else in the District.

20. Notwithstanding that there is a lack of District-wide need for a foodstore of 3,000 sq m gross, in any event it is not appropriate to meet the needs of Rochford and Rayleigh in Hockley, as it is clearly a separate settlement with different characteristics to those locations. Residents in these towns are highly unlikely to shop in Hockley. This is clearly recognised in Core Strategy Policy RTC2 (Sequential Approach to Retail Development), as follows:

"...When applying the sequential approach to retail development, the settlements of Rayleigh, Rochford and Hockley will be acknowledged as distinct areas - retail needs in one settlement cannot be met by development in others..."

21. Therefore, reference to the District wide need in seeking to justify additional floorspace in Hockley is contrary to the Core Strategy.

22. The provision of a new store appears to be based on the aim to claw back leakage of convenience expenditure outside of the District. However the Study shows that the most popular store for Hockley residents is Tesco Extra, Westcliff-on-Sea. With a floorspace of circa 9,400 sq m gross it is considered highly unlikely that shoppers at this store would change their shopping patterns and instead shop at a store in Hockley less than a third of its size. The suggested clawback aims of the proposed foodstore would not therefore be achieved.

23. Page 48 of the AAP states that the capacity study establishes a store of up to 3,000 sq m gross is the largest that could be accommodated on the site. We assume that this does not refer to the capacity or need identified in the Retail Study, but is instead a reference to physical capacity. This should be clarified for the avoidance of doubt.

24. In addition, it should be noted that the Co-op is investigating the potential for an extension to its existing store. Such a proposal would be fully in accordance with the Council's objective to improve the retail offer and attraction of the Town Centre, would be in line with the Council's evidence base recommendation to focus on enhancing the existing convenience offer through extensions to existing stores and importantly would be of a scale commensurate with the identified need for the locality. This should be supported by the AAP.

25. On this basis, the proposed allocation of the Eldon Way site for a foodstore of 3,000 sq m gross cannot be considered sound as it has not been positively prepared, is not justified, effective or consistent with national policy. It is not consistent with the Council's evidence base and the rationale behind it is contrary to the Council's Core Strategy. The allocation of the Eldon Way site for a foodstore of circa 3,000 sq m gross should therefore be deleted.

Recommended Changes To The Hockley Area Action Plan Submission Document (November 2012)

26. For the reasons set out above, the Co-op objects to the AAP in its current form. The following changes are therefore proposed in order to make the Plan 'sound':

* Amend Policy 1 to specifically exclude a new foodstore as part of the proposed retail uses, as this is not justified against the evidence base.
* Amend Figure 13 to exclude the Co-operative Food store from the area identified for 'new retail development', as this is not justified against the evidence base.
* Amend Figure 14 to exclude the Co-operative Food store from the Eldon Way Opportunity Site as its proposed development is not justified by the evidence base and the AAP does not demonstrate that it is necessary.
* Amend Policy 6 to remove any references to the proposed development of a foodstore at the Eldon Way site, as this is not justified by the evidence base and the rationale behind it is not supported by the Council's Core Strategy. Policy 6 should be specifically amended to support the growth and expansion of existing premises in the Centre, as set out in the Council's evidence base.

BARTON WILLMORE LLP, 22nd JANUARY 2013

21825/A3/AI 22nd January 2013

ROCHFORD DISTRICT COUNCIL
HOCKLEY AREA ACTION PLAN
REPRESENTATIONS ON BEHALF OF THE CO-OPERATIVE GROUP

BACKGROUND

1. We act on behalf of the Co-operative Group ("the Co-op") and have been instructed to submit representations and objections to the consultation on the Hockley Area Action Plan. In particular, these representations focus on the allocation of a circa 3,000 sq m gross foodstore on the Eldon Way Site.

2. The Co-op is an important and longstanding stakeholder in Hockley, operating a 'Co-operative Food' store in the Town Centre. This store performs an important anchor role. It generates trade, footfall and associated spin-off benefits for other retailers, in turn providing a valuable contribution to the overall vitality and viability of the Town Centre.

3. Against this background, we set out our comments and in particular our objection to the Draft Local Plan and its performance against the soundness tests contained within the National Planning Policy Framework (NPPF) at paragraph 182.

REPRESENTATION

Chapter 2 - Hockley in Context

2.4 Retail Issues

4. This section of the AAP provides a very brief summary of the Retail and Leisure Study (August 2008) prepared by WYG ("the Study").

5. Reference is made in this section to Hockley's retention of 8.1% of food expenditure. This is not the case as the Study shows that this relates to main food convenience expenditure only. For top-up shopping, the Study shows that Hockley retains 42% of expenditure. The AAP is therefore misleading as it does not provide an accurate representation of the Study.

6. Whilst not set out in this section of the AAP, the Study identifies capacity or 'need' of 300 sq m net convenience goods floorspace in Hockley up to 2026, based on the sales densities of the 'top four' operators. For discount operators (e.g. Aldi and Lidl), the capacity equates to 890 sq m net up to 2026. The district wide 'need' in 2026 is between 1,250 sq m net (based on the 'top four' operators) and 3,000 sq m net (based on discount operators).

7. It should be noted that since the Study was published, a Sainsbury's Local store has opened on Spa Road. With a sales area of circa 208 sq m net, this will meet the majority of the convenience goods need identified for Hockley up to 2026, leaving a residual capacity of just 92 sq m net convenience goods floorspace for a 'top four' operator. On the basis that there is minimal need for additional convenience goods floorspace, it is not considered necessary to promote a new foodstore at Eldon Way. We comment on this in more detail in respect of Policy 6 below.

8. The Study concludes that the scale of need identified in Hockley does not lend itself to a foodstore capable of retaining a significant proportion of main food expenditure. The Study considers it more appropriate to focus on enhancing the existing offer, potentially through store extensions rather than new retailers which may duplicate the existing offer, or promoting a smaller independent offer. In particular, paragraph 10.29 sets out its recommendations for Hockley and states:

"...we recommend that focus be maintained on developing Hockley's existing strengths, rather than retail expansion".

9. There is no justification for significant additional retailing in Hockley and no robust evidence to justify a 3,000 sq m gross foodstore.

10. Notwithstanding the above, it is considered that the evidence base is now out of date being based on a household survey undertaken in March 2008. The Co-op therefore has significant concerns over the use of it in seeking to justify the proposed allocation of the Eldon Way site.

Chapter 3 - A Framework for a Better Hockley

Policy 1 - Hockley Area Action Plan Framework

11. Policy 1 proposes new retail development on the Eldon Way site, as part of a mixed-use development. The supporting text to the policy (page 32) recognises that the site is not owned by the Council and is dependent on private landowners.

12. Given the ownership position, there is no certainty that the redevelopment of the site can be delivered. This has implications for the AAP, as recognised on page 32 which states that many elements of the framework are dependent on the successful mixed-use redevelopment of the Eldon Way Site. This raises significant concerns over the delivery of any scheme and in turn the AAP.

13. Whilst Policy 1 does not specifically refer to the proposed foodstore at the Eldon Way site, for the reasons set out below in respect of Policy 6, it is clear that the inclusion of a circa 3,000 sq m foodstore is not justified. Any reference to 'shops' at the Eldon Way Opportunity Site should therefore be clarified as being for small scale non-food / independent retailing as recommended in the Council's evidence base.

Figure 13 - Hockley AAP Framework Plan

14. The Co-op is particularly concerned that Figure 13 identifies an area for 'New retail development potential' which includes the site of its existing store and appears to be part of the wider Eldon Way proposals. The Co-op objects to the identification of its store for development and has no intention to redevelop its existing site.

Chapter 4 - Proposals Plan & Area-Wide Policies

Figure 14 - Hockley AAP Proposals Map

15. The Co-op supports the identification of its store within the Town Centre Boundary and Primary Shopping Frontage for Hockley, reflecting the important role it performs as an anchor store for the rest of the Town Centre.

16. The Co-op does however object to the inclusion of its store within the Eldon Way Opportunity Site for the reasons set out above. The inclusion of its store within the Opportunity Site has not been justified by the AAP and raises significant doubts over the delivery of any scheme at Eldon Way. On the basis that the evidence base does not justify the proposed development of the Eldon Way site, there is no need for the Co-op's store to form part of it.

Policy 6 - Improving Retail Choice for Local People

17. Policy 6 sets out the specific aims for the Eldon Way site, including the provision of a 3,000 sq m gross foodstore.

18. The allocation of a foodstore is not justified by the LPA's retail evidence base. Notwithstanding that this is now out of date, the evidence base only justifies an additional circa 92 sq m net convenience goods floorspace in Hockley (allowing for the recent opening of the Sainsbury's Local store). On this basis, there is no need for a foodstore of 3,000 sq m gross in Hockley.

19. Reference is made in the supporting text to Policy 6 (page 48) to the district-wide convenience goods capacity of 3,000 sq m net in 2026. It should be noted that this level of floorspace relates to a 'discount' operator. The need for a 'top four' operators equates to 1,250 sq m net across the district in 2026 (and would equate to a store of circa 2,000 sq m gross). This alone does not justify a store of 3,000 sq m gross in Hockley or indeed anywhere else in the District.

20. Notwithstanding that there is a lack of District-wide need for a foodstore of 3,000 sq m gross, in any event it is not appropriate to meet the needs of Rochford and Rayleigh in Hockley, as it is clearly a separate settlement with different characteristics to those locations. Residents in these towns are highly unlikely to shop in Hockley. This is clearly recognised in Core Strategy Policy RTC2 (Sequential Approach to Retail Development), as follows:

"...When applying the sequential approach to retail development, the settlements of Rayleigh, Rochford and Hockley will be acknowledged as distinct areas - retail needs in one settlement cannot be met by development in others..."

21. Therefore, reference to the District wide need in seeking to justify additional floorspace in Hockley is contrary to the Core Strategy.

22. The provision of a new store appears to be based on the aim to claw back leakage of convenience expenditure outside of the District. However the Study shows that the most popular store for Hockley residents is Tesco Extra, Westcliff-on-Sea. With a floorspace of circa 9,400 sq m gross it is considered highly unlikely that shoppers at this store would change their shopping patterns and instead shop at a store in Hockley less than a third of its size. The suggested clawback aims of the proposed foodstore would not therefore be achieved.

23. Page 48 of the AAP states that the capacity study establishes a store of up to 3,000 sq m gross is the largest that could be accommodated on the site. We assume that this does not refer to the capacity or need identified in the Retail Study, but is instead a reference to physical capacity. This should be clarified for the avoidance of doubt.

24. In addition, it should be noted that the Co-op is investigating the potential for an extension to its existing store. Such a proposal would be fully in accordance with the Council's objective to improve the retail offer and attraction of the Town Centre, would be in line with the Council's evidence base recommendation to focus on enhancing the existing convenience offer through extensions to existing stores and importantly would be of a scale commensurate with the identified need for the locality. This should be supported by the AAP.

25. On this basis, the proposed allocation of the Eldon Way site for a foodstore of 3,000 sq m gross cannot be considered sound as it has not been positively prepared, is not justified, effective or consistent with national policy. It is not consistent with the Council's evidence base and the rationale behind it is contrary to the Council's Core Strategy. The allocation of the Eldon Way site for a foodstore of circa 3,000 sq m gross should therefore be deleted.

Recommended Changes To The Hockley Area Action Plan Submission Document (November 2012)

26. For the reasons set out above, the Co-op objects to the AAP in its current form. The following changes are therefore proposed in order to make the Plan 'sound':

* Amend Policy 1 to specifically exclude a new foodstore as part of the proposed retail uses, as this is not justified against the evidence base.
* Amend Figure 13 to exclude the Co-operative Food store from the area identified for 'new retail development', as this is not justified against the evidence base.
* Amend Figure 14 to exclude the Co-operative Food store from the Eldon Way Opportunity Site as its proposed development is not justified by the evidence base and the AAP does not demonstrate that it is necessary.
* Amend Policy 6 to remove any references to the proposed development of a foodstore at the Eldon Way site, as this is not justified by the evidence base and the rationale behind it is not supported by the Council's Core Strategy. Policy 6 should be specifically amended to support the growth and expansion of existing premises in the Centre, as set out in the Council's evidence base.

BARTON WILLMORE LLP, 22nd JANUARY 2013

21825/A3/AI 22nd January 2013

ROCHFORD DISTRICT COUNCIL
HOCKLEY AREA ACTION PLAN
REPRESENTATIONS ON BEHALF OF THE CO-OPERATIVE GROUP

BACKGROUND

1. We act on behalf of the Co-operative Group ("the Co-op") and have been instructed to submit representations and objections to the consultation on the Hockley Area Action Plan. In particular, these representations focus on the allocation of a circa 3,000 sq m gross foodstore on the Eldon Way Site.

2. The Co-op is an important and longstanding stakeholder in Hockley, operating a 'Co-operative Food' store in the Town Centre. This store performs an important anchor role. It generates trade, footfall and associated spin-off benefits for other retailers, in turn providing a valuable contribution to the overall vitality and viability of the Town Centre.

3. Against this background, we set out our comments and in particular our objection to the Draft Local Plan and its performance against the soundness tests contained within the National Planning Policy Framework (NPPF) at paragraph 182.

REPRESENTATION

Chapter 2 - Hockley in Context

2.4 Retail Issues

4. This section of the AAP provides a very brief summary of the Retail and Leisure Study (August 2008) prepared by WYG ("the Study").

5. Reference is made in this section to Hockley's retention of 8.1% of food expenditure. This is not the case as the Study shows that this relates to main food convenience expenditure only. For top-up shopping, the Study shows that Hockley retains 42% of expenditure. The AAP is therefore misleading as it does not provide an accurate representation of the Study.

6. Whilst not set out in this section of the AAP, the Study identifies capacity or 'need' of 300 sq m net convenience goods floorspace in Hockley up to 2026, based on the sales densities of the 'top four' operators. For discount operators (e.g. Aldi and Lidl), the capacity equates to 890 sq m net up to 2026. The district wide 'need' in 2026 is between 1,250 sq m net (based on the 'top four' operators) and 3,000 sq m net (based on discount operators).

7. It should be noted that since the Study was published, a Sainsbury's Local store has opened on Spa Road. With a sales area of circa 208 sq m net, this will meet the majority of the convenience goods need identified for Hockley up to 2026, leaving a residual capacity of just 92 sq m net convenience goods floorspace for a 'top four' operator. On the basis that there is minimal need for additional convenience goods floorspace, it is not considered necessary to promote a new foodstore at Eldon Way. We comment on this in more detail in respect of Policy 6 below.

8. The Study concludes that the scale of need identified in Hockley does not lend itself to a foodstore capable of retaining a significant proportion of main food expenditure. The Study considers it more appropriate to focus on enhancing the existing offer, potentially through store extensions rather than new retailers which may duplicate the existing offer, or promoting a smaller independent offer. In particular, paragraph 10.29 sets out its recommendations for Hockley and states:

"...we recommend that focus be maintained on developing Hockley's existing strengths, rather than retail expansion".

9. There is no justification for significant additional retailing in Hockley and no robust evidence to justify a 3,000 sq m gross foodstore.

10. Notwithstanding the above, it is considered that the evidence base is now out of date being based on a household survey undertaken in March 2008. The Co-op therefore has significant concerns over the use of it in seeking to justify the proposed allocation of the Eldon Way site.

Chapter 3 - A Framework for a Better Hockley

Policy 1 - Hockley Area Action Plan Framework

11. Policy 1 proposes new retail development on the Eldon Way site, as part of a mixed-use development. The supporting text to the policy (page 32) recognises that the site is not owned by the Council and is dependent on private landowners.

12. Given the ownership position, there is no certainty that the redevelopment of the site can be delivered. This has implications for the AAP, as recognised on page 32 which states that many elements of the framework are dependent on the successful mixed-use redevelopment of the Eldon Way Site. This raises significant concerns over the delivery of any scheme and in turn the AAP.

13. Whilst Policy 1 does not specifically refer to the proposed foodstore at the Eldon Way site, for the reasons set out below in respect of Policy 6, it is clear that the inclusion of a circa 3,000 sq m foodstore is not justified. Any reference to 'shops' at the Eldon Way Opportunity Site should therefore be clarified as being for small scale non-food / independent retailing as recommended in the Council's evidence base.

Figure 13 - Hockley AAP Framework Plan

14. The Co-op is particularly concerned that Figure 13 identifies an area for 'New retail development potential' which includes the site of its existing store and appears to be part of the wider Eldon Way proposals. The Co-op objects to the identification of its store for development and has no intention to redevelop its existing site.

Chapter 4 - Proposals Plan & Area-Wide Policies

Figure 14 - Hockley AAP Proposals Map

15. The Co-op supports the identification of its store within the Town Centre Boundary and Primary Shopping Frontage for Hockley, reflecting the important role it performs as an anchor store for the rest of the Town Centre.

16. The Co-op does however object to the inclusion of its store within the Eldon Way Opportunity Site for the reasons set out above. The inclusion of its store within the Opportunity Site has not been justified by the AAP and raises significant doubts over the delivery of any scheme at Eldon Way. On the basis that the evidence base does not justify the proposed development of the Eldon Way site, there is no need for the Co-op's store to form part of it.

Policy 6 - Improving Retail Choice for Local People

17. Policy 6 sets out the specific aims for the Eldon Way site, including the provision of a 3,000 sq m gross foodstore.

18. The allocation of a foodstore is not justified by the LPA's retail evidence base. Notwithstanding that this is now out of date, the evidence base only justifies an additional circa 92 sq m net convenience goods floorspace in Hockley (allowing for the recent opening of the Sainsbury's Local store). On this basis, there is no need for a foodstore of 3,000 sq m gross in Hockley.

19. Reference is made in the supporting text to Policy 6 (page 48) to the district-wide convenience goods capacity of 3,000 sq m net in 2026. It should be noted that this level of floorspace relates to a 'discount' operator. The need for a 'top four' operators equates to 1,250 sq m net across the district in 2026 (and would equate to a store of circa 2,000 sq m gross). This alone does not justify a store of 3,000 sq m gross in Hockley or indeed anywhere else in the District.

20. Notwithstanding that there is a lack of District-wide need for a foodstore of 3,000 sq m gross, in any event it is not appropriate to meet the needs of Rochford and Rayleigh in Hockley, as it is clearly a separate settlement with different characteristics to those locations. Residents in these towns are highly unlikely to shop in Hockley. This is clearly recognised in Core Strategy Policy RTC2 (Sequential Approach to Retail Development), as follows:

"...When applying the sequential approach to retail development, the settlements of Rayleigh, Rochford and Hockley will be acknowledged as distinct areas - retail needs in one settlement cannot be met by development in others..."

21. Therefore, reference to the District wide need in seeking to justify additional floorspace in Hockley is contrary to the Core Strategy.

22. The provision of a new store appears to be based on the aim to claw back leakage of convenience expenditure outside of the District. However the Study shows that the most popular store for Hockley residents is Tesco Extra, Westcliff-on-Sea. With a floorspace of circa 9,400 sq m gross it is considered highly unlikely that shoppers at this store would change their shopping patterns and instead shop at a store in Hockley less than a third of its size. The suggested clawback aims of the proposed foodstore would not therefore be achieved.

23. Page 48 of the AAP states that the capacity study establishes a store of up to 3,000 sq m gross is the largest that could be accommodated on the site. We assume that this does not refer to the capacity or need identified in the Retail Study, but is instead a reference to physical capacity. This should be clarified for the avoidance of doubt.

24. In addition, it should be noted that the Co-op is investigating the potential for an extension to its existing store. Such a proposal would be fully in accordance with the Council's objective to improve the retail offer and attraction of the Town Centre, would be in line with the Council's evidence base recommendation to focus on enhancing the existing convenience offer through extensions to existing stores and importantly would be of a scale commensurate with the identified need for the locality. This should be supported by the AAP.

25. On this basis, the proposed allocation of the Eldon Way site for a foodstore of 3,000 sq m gross cannot be considered sound as it has not been positively prepared, is not justified, effective or consistent with national policy. It is not consistent with the Council's evidence base and the rationale behind it is contrary to the Council's Core Strategy. The allocation of the Eldon Way site for a foodstore of circa 3,000 sq m gross should therefore be deleted.

Recommended Changes To The Hockley Area Action Plan Submission Document (November 2012)

26. For the reasons set out above, the Co-op objects to the AAP in its current form. The following changes are therefore proposed in order to make the Plan 'sound':

* Amend Policy 1 to specifically exclude a new foodstore as part of the proposed retail uses, as this is not justified against the evidence base.
* Amend Figure 13 to exclude the Co-operative Food store from the area identified for 'new retail development', as this is not justified against the evidence base.
* Amend Figure 14 to exclude the Co-operative Food store from the Eldon Way Opportunity Site as its proposed development is not justified by the evidence base and the AAP does not demonstrate that it is necessary.
* Amend Policy 6 to remove any references to the proposed development of a foodstore at the Eldon Way site, as this is not justified by the evidence base and the rationale behind it is not supported by the Council's Core Strategy. Policy 6 should be specifically amended to support the growth and expansion of existing premises in the Centre, as set out in the Council's evidence base.

BARTON WILLMORE LLP, 22nd JANUARY 2013

21825/A3/AI 22nd January 2013

ROCHFORD DISTRICT COUNCIL
HOCKLEY AREA ACTION PLAN
REPRESENTATIONS ON BEHALF OF THE CO-OPERATIVE GROUP

BACKGROUND

1. We act on behalf of the Co-operative Group ("the Co-op") and have been instructed to submit representations and objections to the consultation on the Hockley Area Action Plan. In particular, these representations focus on the allocation of a circa 3,000 sq m gross foodstore on the Eldon Way Site.

2. The Co-op is an important and longstanding stakeholder in Hockley, operating a 'Co-operative Food' store in the Town Centre. This store performs an important anchor role. It generates trade, footfall and associated spin-off benefits for other retailers, in turn providing a valuable contribution to the overall vitality and viability of the Town Centre.

3. Against this background, we set out our comments and in particular our objection to the Draft Local Plan and its performance against the soundness tests contained within the National Planning Policy Framework (NPPF) at paragraph 182.

REPRESENTATION

Chapter 2 - Hockley in Context

2.4 Retail Issues

4. This section of the AAP provides a very brief summary of the Retail and Leisure Study (August 2008) prepared by WYG ("the Study").

5. Reference is made in this section to Hockley's retention of 8.1% of food expenditure. This is not the case as the Study shows that this relates to main food convenience expenditure only. For top-up shopping, the Study shows that Hockley retains 42% of expenditure. The AAP is therefore misleading as it does not provide an accurate representation of the Study.

6. Whilst not set out in this section of the AAP, the Study identifies capacity or 'need' of 300 sq m net convenience goods floorspace in Hockley up to 2026, based on the sales densities of the 'top four' operators. For discount operators (e.g. Aldi and Lidl), the capacity equates to 890 sq m net up to 2026. The district wide 'need' in 2026 is between 1,250 sq m net (based on the 'top four' operators) and 3,000 sq m net (based on discount operators).

7. It should be noted that since the Study was published, a Sainsbury's Local store has opened on Spa Road. With a sales area of circa 208 sq m net, this will meet the majority of the convenience goods need identified for Hockley up to 2026, leaving a residual capacity of just 92 sq m net convenience goods floorspace for a 'top four' operator. On the basis that there is minimal need for additional convenience goods floorspace, it is not considered necessary to promote a new foodstore at Eldon Way. We comment on this in more detail in respect of Policy 6 below.

8. The Study concludes that the scale of need identified in Hockley does not lend itself to a foodstore capable of retaining a significant proportion of main food expenditure. The Study considers it more appropriate to focus on enhancing the existing offer, potentially through store extensions rather than new retailers which may duplicate the existing offer, or promoting a smaller independent offer. In particular, paragraph 10.29 sets out its recommendations for Hockley and states:

"...we recommend that focus be maintained on developing Hockley's existing strengths, rather than retail expansion".

9. There is no justification for significant additional retailing in Hockley and no robust evidence to justify a 3,000 sq m gross foodstore.

10. Notwithstanding the above, it is considered that the evidence base is now out of date being based on a household survey undertaken in March 2008. The Co-op therefore has significant concerns over the use of it in seeking to justify the proposed allocation of the Eldon Way site.

Chapter 3 - A Framework for a Better Hockley

Policy 1 - Hockley Area Action Plan Framework

11. Policy 1 proposes new retail development on the Eldon Way site, as part of a mixed-use development. The supporting text to the policy (page 32) recognises that the site is not owned by the Council and is dependent on private landowners.

12. Given the ownership position, there is no certainty that the redevelopment of the site can be delivered. This has implications for the AAP, as recognised on page 32 which states that many elements of the framework are dependent on the successful mixed-use redevelopment of the Eldon Way Site. This raises significant concerns over the delivery of any scheme and in turn the AAP.

13. Whilst Policy 1 does not specifically refer to the proposed foodstore at the Eldon Way site, for the reasons set out below in respect of Policy 6, it is clear that the inclusion of a circa 3,000 sq m foodstore is not justified. Any reference to 'shops' at the Eldon Way Opportunity Site should therefore be clarified as being for small scale non-food / independent retailing as recommended in the Council's evidence base.

Figure 13 - Hockley AAP Framework Plan

14. The Co-op is particularly concerned that Figure 13 identifies an area for 'New retail development potential' which includes the site of its existing store and appears to be part of the wider Eldon Way proposals. The Co-op objects to the identification of its store for development and has no intention to redevelop its existing site.

Chapter 4 - Proposals Plan & Area-Wide Policies

Figure 14 - Hockley AAP Proposals Map

15. The Co-op supports the identification of its store within the Town Centre Boundary and Primary Shopping Frontage for Hockley, reflecting the important role it performs as an anchor store for the rest of the Town Centre.

16. The Co-op does however object to the inclusion of its store within the Eldon Way Opportunity Site for the reasons set out above. The inclusion of its store within the Opportunity Site has not been justified by the AAP and raises significant doubts over the delivery of any scheme at Eldon Way. On the basis that the evidence base does not justify the proposed development of the Eldon Way site, there is no need for the Co-op's store to form part of it.

Policy 6 - Improving Retail Choice for Local People

17. Policy 6 sets out the specific aims for the Eldon Way site, including the provision of a 3,000 sq m gross foodstore.

18. The allocation of a foodstore is not justified by the LPA's retail evidence base. Notwithstanding that this is now out of date, the evidence base only justifies an additional circa 92 sq m net convenience goods floorspace in Hockley (allowing for the recent opening of the Sainsbury's Local store). On this basis, there is no need for a foodstore of 3,000 sq m gross in Hockley.

19. Reference is made in the supporting text to Policy 6 (page 48) to the district-wide convenience goods capacity of 3,000 sq m net in 2026. It should be noted that this level of floorspace relates to a 'discount' operator. The need for a 'top four' operators equates to 1,250 sq m net across the district in 2026 (and would equate to a store of circa 2,000 sq m gross). This alone does not justify a store of 3,000 sq m gross in Hockley or indeed anywhere else in the District.

20. Notwithstanding that there is a lack of District-wide need for a foodstore of 3,000 sq m gross, in any event it is not appropriate to meet the needs of Rochford and Rayleigh in Hockley, as it is clearly a separate settlement with different characteristics to those locations. Residents in these towns are highly unlikely to shop in Hockley. This is clearly recognised in Core Strategy Policy RTC2 (Sequential Approach to Retail Development), as follows:

"...When applying the sequential approach to retail development, the settlements of Rayleigh, Rochford and Hockley will be acknowledged as distinct areas - retail needs in one settlement cannot be met by development in others..."

21. Therefore, reference to the District wide need in seeking to justify additional floorspace in Hockley is contrary to the Core Strategy.

22. The provision of a new store appears to be based on the aim to claw back leakage of convenience expenditure outside of the District. However the Study shows that the most popular store for Hockley residents is Tesco Extra, Westcliff-on-Sea. With a floorspace of circa 9,400 sq m gross it is considered highly unlikely that shoppers at this store would change their shopping patterns and instead shop at a store in Hockley less than a third of its size. The suggested clawback aims of the proposed foodstore would not therefore be achieved.

23. Page 48 of the AAP states that the capacity study establishes a store of up to 3,000 sq m gross is the largest that could be accommodated on the site. We assume that this does not refer to the capacity or need identified in the Retail Study, but is instead a reference to physical capacity. This should be clarified for the avoidance of doubt.

24. In addition, it should be noted that the Co-op is investigating the potential for an extension to its existing store. Such a proposal would be fully in accordance with the Council's objective to improve the retail offer and attraction of the Town Centre, would be in line with the Council's evidence base recommendation to focus on enhancing the existing convenience offer through extensions to existing stores and importantly would be of a scale commensurate with the identified need for the locality. This should be supported by the AAP.

25. On this basis, the proposed allocation of the Eldon Way site for a foodstore of 3,000 sq m gross cannot be considered sound as it has not been positively prepared, is not justified, effective or consistent with national policy. It is not consistent with the Council's evidence base and the rationale behind it is contrary to the Council's Core Strategy. The allocation of the Eldon Way site for a foodstore of circa 3,000 sq m gross should therefore be deleted.

Recommended Changes To The Hockley Area Action Plan Submission Document (November 2012)

26. For the reasons set out above, the Co-op objects to the AAP in its current form. The following changes are therefore proposed in order to make the Plan 'sound':

* Amend Policy 1 to specifically exclude a new foodstore as part of the proposed retail uses, as this is not justified against the evidence base.
* Amend Figure 13 to exclude the Co-operative Food store from the area identified for 'new retail development', as this is not justified against the evidence base.
* Amend Figure 14 to exclude the Co-operative Food store from the Eldon Way Opportunity Site as its proposed development is not justified by the evidence base and the AAP does not demonstrate that it is necessary.
* Amend Policy 6 to remove any references to the proposed development of a foodstore at the Eldon Way site, as this is not justified by the evidence base and the rationale behind it is not supported by the Council's Core Strategy. Policy 6 should be specifically amended to support the growth and expansion of existing premises in the Centre, as set out in the Council's evidence base.

BARTON WILLMORE LLP, 22nd JANUARY 2013