Adopted Local Development Plan

Interim Advisory Note on Development in Town Centres

September 2022

 

This interim advisory note provides guidance on the application of planning policy and material considerations when determining planning applications in town centres.  Pembrokeshire’s Local Development Plan was adopted in 2013 and since its adoption there has been a significant change to the development plan position with the publication of Future Wales – The National Plan 2040 (February 2021).  National planning policy has also been updated in Planning Policy Wales (Edition 11, 2021) and Technical Advice Note 4: Retailing and Commercial Development (November 2016).  Future Wales and national planning policy takes a more permissive approach to support multi-functional and vibrant town centres which Pembrokeshire County Council wishes to reflect in decision making. This Interim Advisory Note communicates the areas where the Local Development Plan is not in conformity with Future Wales and national planning policy to provide clear and transparent advice for both applicants and the authority when determining planning applications in town centres.

 

Background

Section 38(6) of The Planning and Compulsory Purchase Act 2004 requires that when local planning authorities determine planning applications “the determination shall be made in accordance with the plan unless material considerations indicate otherwise”.  The “Plan” referred to comprises of:

• Future Wales – The National Plan 2040 (February 2021) (opens in a new tab)
• The adopted Local Development Plan for Pembrokeshire (adopted 28 February 2013)

Future Wales and the Local Development Plan have development plan status, which means decisions must be in accordance with both plans, unless material considerations indicate otherwise.  Future Wales is the most recently adopted development plan and the Local Development Plan is required to be in conformity with Future Wales.  Future Wales therefore, takes supremacy in the determination of planning applications.

Planning Policy Wales (PPW) is not part of the development plan, but is the principal statement of national planning policy and has substantial weight in the planning process.  Planning Policy Wales is supplemented by topical Technical Advice Notes (TANs).  Development plans must be consistent with national policy.

 

Future Wales – The National Plan 2040

Future Wales is the national spatial plan which sets the direction for where development in Wales should occur up to 2040. 

Future Wales, Policy 6 – Town Centre First

Significant new commercial, retail, education, health, leisure and public service facilities must be located within town and city centres.  They should have good access to public transport to and from the whole town or city and, where appropriate, the wider region.

A sequential approach must be used to inform the identification of the best location for these developments and they should be identified in Strategic and Local Development Plans.

Future Wales, Policy 6 promotes a “town centre first” approach for the location of new retail and complementary uses.  The reasoned justification to the policy acknowledges that “good planning can help us re-think the future of town and city centres, which are moving away from their traditional retail roles.  The impact of COVID-19 on the retail sector is a further driver towards making our town centres multi-functional places.”  Town centres are recognised as being the most accessible parts of our towns and should be the focus of growth and regeneration for new commercial, retail, education, health, leisure and public services. The reasoned justification also states that as well as non-residential development, town centres are an appropriate location for new homes.

 

Pembrokeshire’s Local Development Plan

Pembrokeshire’s adopted Local Development Plan (LDP) sets out the local policy framework for development in town centres.

The Proposals Maps which accompany the LDP identify a town centre boundary, primary retail frontage areas and secondary retail frontage areas for the following towns:

• Fishguard
• Haverfordwest
• Milford Haven
• Milford Marina
• Narberth
• Pembroke
• Pembroke Dock

LDP Policy GN.12 sets the policy framework for assessing planning applications within town centre boundaries. 

 

Criterion 1 of Policy GN.12 supports the creation of multi-functional town centres which accords with Future Wales and national policy.

 

Criterion 2 seeks to restrict primary frontage areas to retail A1 uses, with no more than a third of non-A1 uses permitted. 

 

The Retail Survey 2021 recorded the percentage of A1 uses in the primary retail frontage by town as shown in the table below.

 

Table showing percentage primary retail frontage with an A1 use in 2021.

Town Centre	Percentage of primary retail frontage with an A1 use in 2021	Percentage of primary retail frontage with an occupied A1 use in 2021
Fishguard	47%	31%
Haverfordwest	70%	51%
Milford Haven	90%	80%
Milford Marina	100%	100%
Narberth	48%	45%
Pembroke	54%	43%
Pembroke Dock	74%	63%

The table shows three town centres of Fishguard, Narberth and Pembroke have less than two thirds A1 use within the primary frontage areas. When vacant properties are also discounted Haverfordwest and Pembroke Dock also have less than two thirds occupied A1 use within the primary retail area.

Future Wales, Policy 6 provides a list of multi-functional uses that must be located within town centres.  The reasoned justification to the policy states “good planning can help us re-think the future of town and city centres, which are moving away from their traditional retail roles.”

Planning Policy Wales states “Where economic decline is impacting on a retail and commercial centre, emphasis on retaining A1 uses in premises either in primary or secondary areas, which have been vacant for a period of time, may undermine a centre’s viability and vitality.  In such circumstances planning authorities should consider how non-A1 uses may play a greater role to increasing diversity and reducing vacancy levels.” (PPW, paragraph 4.3.36).

Technical Advice Note 4: Retail and Commercial Development (November 2016) states “The positive role that non A1 uses such as food and drink, financial, and other services can bring to both primary and secondary areas should be examined by local planning authorities. In addition, the role that residential uses can play in supporting centres should also be recognised. Whilst residential use is unlikely to be appropriate at ground floor level in primary areas, residential use on upper floors can add to a centre’s vibrancy and viability increasing footfall and contributing to both the daytime and evening economies of a centre.” (Paragraph 9.2).

A change of use at first floor level to residential may be classed as Permitted Development and not require planning permission (Under Part 3, Class F of the General Permitted Development Order 1995, as amended).  This applies to all properties with a shopfront.  

When applying LDP Policy GN.12, criterion 2 to planning applications and determining whether a proposed change of use from A1 to a non-retail use is appropriate, Planning Officers will still consider the LDP, including policy GN.12, but will give significant weight to;

• Future Wales, Policy 6 – Town Centre First as the most recently adopted development plan
• National planning policy contained in Planning Policy Wales and Technical Advice Note 4 as a material planning consideration.

Other material considerations may include, but are not restricted to:

• The overall vacancy rates within the primary retail frontage;
• The length of time a property has been vacant;
• The impact the proposed use would have on the overall vibrancy and vitality of the primary retail frontage; and
• The impact of the proposal on the concentration of existing A1 uses.

In summary, when determining planning applications this will mean:

-        In primary retail areas, a wider range of uses such as A2 (Financial and Professional) and A3 (Food and Drink) are likely to be acceptable.

 

Criterion 3 of Policy GN.12 seeks to ensure the proposed development does not undermine or prevent the development of an identified retail allocation within the Town Centre.  This criterion remains in accordance with Future Wales and national planning policy.

 

Criterion 4 does not permit a change of use to a residential use (C3) on a ground floor in a Primary or Secondary Frontage.

 

Future Wales promotes town centres as multi-functional places.  Future Wales states that “As well as non-residential development, town centres are an appropriate location for new homes.” (Reasoned justification to Policy 6 - Town Centre First, page 71).  Planning Policy Wales (paragraph 4.3.37) clarifies that “residential use is unlikely to be suitable on the ground floor within primary areas or other places of concentrated A1 uses because it may fragment the shopping frontage and impact on the vibrancy and viability of a centre.”  Permitted Development Rights may allow a change of use at first floor level to residential, where the property has a shopfront (Part 3, Class F of the General Permitted Development Order 1995, as amended).

 

The restriction within criterion 4 of Policy GN.12 of residential uses on a ground floor in secondary retail areas is not in conformity with Future Wales.  When applying criterion 4 to planning applications and determining whether a proposed change of use to a residential use on a ground floor in a secondary retail frontage is appropriate, Planning Officers will still consider the LDP, including policy GN.12, but will give significant weight to;

• Future Wales, Policy 6 – Town Centre First as the most recently adopted development plan
• National planning policy contained in Planning Policy Wales and Technical Advice Note 4 as a material planning consideration.

Other material considerations may include, but are not restricted to:

• The length of time the property has been vacant;
• The viability of the premises for a commercial use;
• The impact the proposed use would have on a concentration of A1 uses,
• The impact on the overall vibrancy and vitality of the secondary retail frontage;
• The occupancy of neighbouring buildings.

 

A proposed residential use would also be required to accord with other policy requirements, such as:

• Design and appearance (Policy GN.1 General Development Policy and GN.26 Residential Development);
• Impact on local amenity, such as noise of vibration levels from neighbouring uses (Policy GN.1 General Development Policy);
• Impact on the character and appearance of the conservation area (Policy GN.38 Protection and Enhancement of the Historic Environment);
• The site’s potential to flood (Technical Advice Note 15).

In summary, when determining planning applications this will mean:

-        In secondary retail areas, a residential use on a ground floor may be acceptable.

 

Summary

• Town centres will remain the focus for commercial activity and multi-functional uses with new retail, education, health, leisure and public services supported in secondary retail areas.
• Primary retail frontages will remain the focus for new retail uses (Use Class A1).  Greater flexibility to enable multi-functional centres will be applied with A2 (Financial and professional services) and A3 (Food and drink) uses likely to be acceptable.
• Residential C3 uses will be resisted on the ground floor in primary retail areas.
• Residential C3 uses may be considered appropriate on a ground floor within secondary retail frontage areas.

Next Steps

This interim advisory note will be monitored using results from Pembrokeshire County Council’s annual Retail Survey and may be updated if necessary.   

The LDP 2 preparation process provides a basis for review of the town centre policy approach, including the detail of the town centre boundaries, primary and secondary retail frontage areas.  Upon adoption, LDP 2 will contain an updated policy position on retail and this interim advisory note will be withdrawn.

 

Annex

Use Classes Order

A1 Shops – Shops, retail warehouses, hairdressers, undertakers, travel and ticket agencies, post offices (but not sorting offices), pet shops, sandwich bars, showrooms, domestic hire shops, dry cleaners and funeral directors.

A2 Financial and professional services - Financial services such as banks and building societies, professional services (other than health and medical services) including estate and employment agencies and betting offices.

A3 Food and drink - For the sale of food and drink for consumption on the premises - restaurants, snack bars and cafes, drinking establishments and take-aways.

B1 Business - Offices (other than those that fall within A2), research and development of products and processes, light industry appropriate in a residential area.

B2 General Industrial - Use for industrial process other than one falling within class B1 (excluding incineration purposes, chemical treatment or landfill or hazardous waste).

B8 Storage or distribution - Use for storage or as a distribution centre. This class includes open air storage.

C1 Hotels - Hotels, boarding and guest houses where no significant element of care is provided (excludes hostels).

C2 Residential Institutions – Residential accommodation and care to people in need of care, includes residential schools, colleges or training centres, hospital or nursing home

C2a Secure residential institutions – prison, young offenders’ institution, detention centre, custody centre, short term holding centre, secure hospital, secure local authority accommodation, military barracks.

C3 Dwellinghouses – housing occupied by a single person or people regarded to form a single household.

C4 House in multiple occupation – Use of a dwelling house by not more than six residents.

D1 Non-residential institutions - Clinics, health centres, crèches, day nurseries, day centres, schools, art galleries (other than for sale or hire), museums, libraries, halls, places of worship, church halls, law court, non-residential education and training centres.

D2 Assembly and leisure - Cinemas, music and concert halls, casinos, bingo and dance halls, swimming baths, skating rinks, gymnasiums or area for indoor or outdoor sports and recreation (except for motor sports, or where firearms are used).

Sui Generis - Certain uses do not fall within any use class and are considered a 'unique use'. Such uses include: theatres, hostels, scrap yards, petrol filling stations and shops selling and/or displaying motor vehicles, launderettes, taxi businesses and amusement centres.