9 DEVELOPMENT CONTROL COMMITTEE – 18 NOVEMBER 2009 APPLICATION NO DC/08/1315/FUL LOCATION Asda Stores Limited Belvedere Road Lowestoft Suffolk NR33 0PX EXPIRY DATE 18 February 2009 APPLICATION TYPE Full Application APPLICANT Asda Stores Ltd PARISH Lowestoft PROPOSAL Provision of a mezzanine floor to allow internal reorganisation of store DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. SUMMARY The application seeks consent for a mezzanine floor of some 1394sqm (reduced from 2790sqm) within the existing Asda store. The main issues to take into account in the determination of the application are the impact on retail units in the town centre and the emerging Action Area Plan for the Lake Lothing area. The application is recommended for approval. SITE DESCRIPTION The Asda supermarket has been trading since 2007. It occupies a prominent site on the southern side of Lake Lothing, to the north of Horn Hill and east of Belvedere Road, which form the main vehicular route into the town centre. The site covers an area of some 1.2 ha with the store being 23 located in the north western corner. Car parking extends to the south of the store towards Horn Hill, and to the east, extending up to the retail units constructed at the same time as the supermarket but which have remained vacant ever since. To the west of the supermarket is the site for the proposed Campus building and to the south is commercial and beyond this residential development. Extending along the northern and western boundaries of the site, adjacent to Lake Lothing, is a pedestrian walkway. The supermarket currently provides a net retail area of approximately 2963sqm. PROPOSAL The original application sought permission for mezzanine floor with a net sales area of some 2790sqm, representing a 64% increase in the overall sales area. Following negotiations the proposal has been reduced in size by approximately 50%. The amended application now seeks consent for a mezzanine floor of 1394sqm. The applicant seeks consent for the additional sales floor space in order to make qualitative improvements within the existing sales floor space such as wider aisles for easier movement. It is intended to provide extended facilities available to customers, increase the food offer and promote the George clothing range and other non-food merchandise, and to generally improve the shopping environment. In addition to the proposed mezzanine the proposal includes two new internal stair cores, travelators and a customer lift. The only proposed external change to the store is an escape door on the south elevation. CONSULTATIONS/COMMENTS Neighbour consultation/representations 12 nearby properties were notified on 4 December 2008. No responses received. Consultees County Planning Officer were consulted on the 8 December 2008. Suffolk County - Highways Department were consulted on the 8 December 2008. Environment Agency – Drainage The site falls within flood zone 3. The inclusion of a mezzanine floor provides betterment in flood risk terms to the site and can be used as a place of refuge, should it be required, in a flood event. We would advise that the applicants ensure they have a flood evacuation plan so that staff and customers can safely leave the site in such an event. Urban Regeneration Company / 1st East No objection. In the light of the reduction by 50% of the proposed mezzanine floorspace and the confirmation that this space is to be used predominantly for the sale of clothes, the additional floorspace is unlikely to attract a significant number of new customers to the store and will not become a non-food destination in its own right. Access Officer were consulted on the 4 December 2008. Environmental Health - Environmental Protection No adverse comments. WDC - PM Regeneration No objection following the reduction in size of the mezzanine by 50%. Associated British Ports were consulted on the 4 December 2008. Suffolk Wildlife Trust The proposal does not appear to have any impact upon protected species or designated habitat. 24 Natural England No objection. Suffolk Fire And Rescue Service No comments. Essex And Suffolk Water PLC No comments or observations. PUBLICITY The application has been the subject of the following press advertisement: Category Published Expiry Publication Major Application, 28.11.2008 18.12.2008 Beccles and Journal Major Application, 28.11.2008 18.12.2008 Bungay Lowestoft Journal SITE NOTICES The following site notices have been displayed: WDC General Site Notice Reason for site notice: Major Application, Date posted 28.11.2008 Expiry date 18.12.2008 RELATED APPLICATIONS Reference No Proposal Decision DC/08/1330/F UL Construction of petrol filling station in conjunction with existing food store Pending - see report on this agenda Date PLANNING HISTORY In 2004 outline planning permission on 7.28 hectares of land between Waveney Drive/Horn Hill/Belvedere Road and the inner harbour was granted for a mixed use development for food retail (phase 1) and non-food retail, restaurants, boat museum, play zone and business use (phase 2) and associated highway works. The non-food element was restricted to ’factory outlet shopping’ only. Approval of reserved matters consent for a food store was granted in 2005. Permissions have also been granted for a first floor café and first floor staff accommodation within the food store. PLANNING POLICY Core Strategy (January 2009) Policy CS05 – Lake Lothing and Outer Harbour Action Area Plan The action area plan will be focussed on employment-led regeneration which includes an enhanced role for Lowestoft as a retail centre, including provision of around 21,000sqm of new (comparison) retail floor space and associated leisure uses in an extension to the town centre. Policy CS10 – Retail, Leisure and Office Development This policy states that retail development outside of town centres should demonstrate that there is a need and that there are no alternative sites closer to the town centre or within the town centre. New retail development must be accessible by sustainable modes of transport. The main aim of CS10 is to maintain and enhance the vitality and viability of all town and district centres so that they continue to act as the focus for a range of activities, including retail, leisure and business uses. It reiterates the provision in Policy CS05 of 21,000sqm of new (comparison) retail floorspace in the Lake Lothing area. 25 Interim Local Plan (May 2004) Policy S1 Allocates land on the south side of Lake Lothing for new mixed-use development, including retail and leisure, subject to criteria including no significant adverse impact on the vitality and viability of Lowestoft town centre and Kirkley shopping centre. Policy S3 states that proposals for major new retail development will be permitted within Lowestoft town centre followed by edge-of-centre sites. Proposals outside town centres will need to demonstrate that there is a need for the proposal and that there would be no adverse impact on the vitality and viability of the of the town centre. PPS6 Planning for Town Centres (2005) PPS6 states that where possible new retail developments should be located within town centres. If no sites are available within existing centres then edge-of-centre locations that are or will be well connected to the centre will be acceptable provided that there is a proven need for the retail development. If no edge-of-centre sites are available then out of centre sites, with preference given to sites which are or will be well served by a choice of means of transport and which are close to the centre and have a high likelihood of forming links with the centre may be acceptable. In applying this sequential test, and considering alternative sites, PPS6 requires developers and operators to demonstrate that in seeking to find a site in or on the edge of existing centres they have been flexible about their proposed business model in terms of the scale of the development and the scope for disaggregation. Local planning authorities should consider the impact of proposed development on the centre or centres likely to be affected, taking account of: - the spatial planning strategy for the area and the extent to which it would be put at risk, - the likely effect on future public or private sector investment needed to safeguard the vitality and viability of the existing centre/s, - the likely impact on trade/turnover and on the vitality and viability of existing centres, - changes to the range of services provided by centres that could be affected, - likely impact on the number of vacant properties in the primary shopping area, - potential changes to the quality, attractiveness, physical condition and character of existing centres. PPS6 states that the material considerations to be taken into account in assessing planning applications may include physical regeneration, employment, economic growth and social inclusion. PPS6 also draws attention to the need to take into account quantitative development (the addition of extra floorspace to a shopping centre) and qualitative development (the location of retail developments and the range of goods on offer). PLANNING CONSIDERATIONS The main issue to take into account in the determination of this application is the impact of the proposal on the vitality and viability of the town centre, having regard to the planning history of the adjoining land and proposals in the emerging Action Area Plan for the Lake Lothing area, in particular North and South Peto Square. The submitted planning statement states that the proposal does not specifically seek to attract new customers and that research demonstrates that an increase in the retail floor area of 25% leads to an average increase in customer numbers of 4.5%. Rather, it is Asda`s intention to broaden the overall selection of products available in store in order to meet customers demands. It is intended that the proposed mezzanine will facilitate the internal reorganisation and reconfiguration of the store and that as such the increase in floor space will not attract the same level of turnover as new retail floor space. Effectively the proposed mezzanine providing additional non-food goods at an existing store, feeds off the spending patterns of customers currently visiting the store. Therefore the applicant is of the opinion that the proposal will not generate significant levels of new customers but rather will predominantly serve existing customers. 26 The applicants case: Comparison Goods Capacity The applicants assessment of need is based on the Great Yarmouth Borough and Waveney District Council Retail and Leisure Study (DTZ, 2006). The Retail Study takes account of the floorspace approved in the outline consent (W17336/1) which included 9847 sqm of gross comparison goods retail (and which remains largely undeveloped). If the vacant factory outlet units adjacent to Asda were to be used for comparison goods they would take 2787 sqm of the approved 9847sqm, leaving a surplus of 7060 sqm. The proposed mezzanine (as amended) would take 1393 sqm leaving a surplus of 5667 sqm. Therefore the DTZ study already considers a much greater quantum comparison goods floorspace on the site than currently proposed. With regards to capacity projections the DTZ study indicates that there is more substantial capacity for new comparison goods retailing up to 2011 with increasing capacity to 2021, and recommends that this residual expenditure should be should be accommodated in town centre/edge-of-centre locations in the first instance. The findings of DTZ`s retail capacity assessment broadly forecasts a comparison goods projection within Waveney District of between 18,200 – 27,300 sqm net by 2021. The Sequential Approach PPS6 directs, in the first instance, new retail development to existing centres followed by edge of centre locations. The applicants supporting statement states that vacant units in the town centre do not exceed 300 sqm and therefore are of insufficient size to accommodate the proposal. In addition consideration was given to two potential sites identified in the DTZ retail study. The Triangle Market Place was not considered to be sequentially preferable to the application site and the Britten Centre multi-storey car park was considered to be both unavailable at the present time and unviable. With regards to the scope for disaggregation the applicant points out that stand alone ‘George Stores’ have been operated previously in high street locations (including Norwich) but found to be unviable. All 8 such stores have since closed. Other edge-of-centre sites, such as Fisher`s Wharf in the Lake Lothing area, require a comprehensive redevelopment and would not therefore be suitable for a piecemeal development such as an isolated store. The applicant is therefore of the opinion that there is no site or vacant floor space in or at the edge of the centre which is sequentially preferable to the proposed site, available, suitable and viable for a separate George store. Impact on the Health of the Centre The supporting information states that the number of vacant units in the town centre remains low and below the national average, indicating a good level of health. It also states that while the Asda store is arguably located in an edge-of centre location, it complements the mix of retailers in Lowestoft and, due to its convenient pedestrian accessibility, operates as a town centre store. The applicant therefore considers that the enhancement to the store supports the town centre function in line with the RSS and the Local Plan and as such there will be no material diversion from town centre stores. Furthermore the applicant is of the view that the extant outline consent and applications that will come forward as a result, the impact on the town centre is much reduced in terms of the quality of retail floor space that is being introduced. Supplementary Planning Statement At the request of Officers, following concerns about the impact of the proposal on the town centre, the applicant submitted additional information. The supplementary information states that despite the economic climate the number of vacant units in the town centre remains low, indicating a good level of health. In February 2009 28 units (9.06% of the total) were vacant. This figure can be compared to the national vacancy average of 10.35%. (Since February the former Somerfield store is now largely occupied and the former Woolworths store is due to be reoccupied shortly. Planning permission has also been granted for a new retail unit adjacent to Woolworths). 27 Customer surveys undertaken at the Asda demonstrate a high level of linked trips between the store and the town centre. Of the customers asked 23% always, 31% sometimes and 19% occasionally combined a trip to Asda with a trip to the town centre. The applicant is of the view that the proposed mezzanine would not alter this pattern and would not be able to replace the function of the town centre which remains the primary shopping destination for comparison goods shopping. The applicant therefore contends that the town centre remains healthy and that the proposal will complement but not compete with the town centre. The Asda store would not therefore become a non-food destination in its own right and the scale of the proposal would not undermine the vitality and viability of the town centre. Assessment In determining this application it is necessary to give consideration to the following issues: (i) The location of the store relative to the town centre: In terms of its relationship to the town centre it is considered that the Asda store is in a relatively isolated location. This isolation is compounded by the currently poor pedestrian links and generally unattractive nature of the route adjacent to vacant land and alongside a busy road. Nevertheless it is acknowledged that the applicant has shown that a degree of linked trips between the store and the town centre do occur, although of those identified it is likely that not all are made by pedestrians. (ii) The extant outline planning consent between Asda and the bascule bridge: The outline planning permission granted in 2004 envisaged the regeneration of a key site as an extension to the town centre (this being the most appropriate available site for new retail development). The retail units that were approved were seen as being complementary to, rather than competing with town centre retail units. Accordingly therefore they were restricted to Factory Outlet Units. The masterplan envisaged an attractive, predominantly pedestrian only environment with good links to the town centre. Apart from the construction of an initial 5 units (which remain vacant), the factory outlet centre has unfortunately not materialised and now seems unlikely to do so. The outline permission granted consent for some 9847 sqm of restricted comparison goods retail units. The DTZ Study (2006) found capacity for between 18,000 and 27,000 sqm of additional comparison goods floorspace in Waveney to 2021. Since that time other retail schemes have been approved reducing the retail capacity for comparison goods to approximately 16,500 and 25,500 sqm. As such, there is capacity for new comparison goods retail development, which would accommodate the proposed mezzanine floorspace. (iii) The Action Area Plan for the Lake Lothing area: The regeneration of large parts of the Lake Lothing Area will bring investment and significant benefits to Lowestoft. Policy CS05 of the Core Strategy makes provision for some 21,000 sqm of new comparison retail floorspace as an extension to the town centre. The URC Action Area Plan Preferred Option (2007) identifies Peto Square (around the rail station) and Fishers Wharf (around the harbour) as the main area for town centre uses and consultants (EDAW) are in the process of progressing the AAP towards adoption. It is possible that the proposed mezzanine will draw some trade from the town centre and reduce the potential for future investment within the AAP intervention areas. However after giving detailed consideration to the proposal it is considered that, on balance, the impact is unlikely to have an adverse impact on the vitality and viability of the town centre and that the application can be supported. The factors leading to this conclusion are: the significant reduction, by 50%, in the size of the proposed mezzanine 28 the Asda store already exists, providing a range of comparison goods and will continue to predominantly serve existing customers the mezzanine will sell predominantly own brand goods (the George range) the DTZ Retail Study showing capacity for additional comparison goods retail In coming to this conclusion it is considered important that the proposal is closely linked to the operation of an existing store and is not an new comparison goods retail outlet. Whilst evidence of linked trips between the store and the town centre has been submitted it is considered that the proposal could result in a reduction of such trips thereby drawing some trade from the town centre. However given that the store currently exists and already provides a range of comparison goods on the ground floor it is considered that the impact on the town centre is likely to be limited. RECOMMENDATION APPROVE. BACKGROUND PAPERS CONTACT Case File DC/08/1315/FUL held in Planning Office, Mariners Street, Lowestoft Phil Perkin, Principal Planning Officer, 01502 523073 29