Policy DM20 Managing change in the primary and secondary retail areas and Large District Centres
Defined retail frontages
Within the defined primary and secondary retail areas and large district centres, permanent changes of use to classes A2, A3, A4, A5, and other main town centre uses, will be permitted where:
a) they would not have a harmful impact on the vitality and viability of the area and on the individual street; and
b) within retail frontages defined on the Policies map, where they would not result in the proportion of A1 retail uses at ground floor level falling below an indicative minimum proportion which is justified as necessary to support the continued retail function of that frontage zone.
The indicative minimum thresholds used in support of this policy will be set out in the Main town centre uses and retail frontages supplementary planning document. The supplementary planning document will be prepared in accordance with the timescales set out in the Local development scheme 2014, adopted alongside this plan and reviewed flexibly as necessary in response to objective evidence of retail market trends and changes in the character and function of the central shopping area over the plan period.
In assessing proposals for change of use within defined retail frontage zones, the proportion of A1 retail use in that frontage will be calculated taking account of any other proposals in the same zone permitted but not implemented.
For the purposes of clause b) “ground floor level” means street level, except in the case of the internal parts of Castle Mall and Chapelfield where retail frontages are defined on two separate retail levels within those centres.
Within defined retail frontages, where the proportion of retail uses at ground floor level is below the minimum proportion specified, proposals will be considered on a case-by-case basis and accepted where the proposal:
a) would result in a designated or locally identified heritage asset or other long-term vacant building being brought back into beneficial use where it is demonstrated that those benefits could not be delivered by retaining a retail use; or
b) would otherwise have a beneficial effect on the vitality, viability and character of the area which could not be achieved by retaining or reinstating a retail use.
The beneficial use of upper floors and basements or of premises located outside defined retail frontages will be permitted where the proposed use is compatible with surrounding uses and consistent with other relevant policies of this plan.
In all cases:
- Proposals involving the change of use of ground floors only must ensure that separate access is maintained to, and should not prejudice the beneficial existing or potential future use of, lower and upper floors;
- Proposals for alternative uses should not give rise to unacceptable environmental effects which could not be overcome by the imposition of conditions;
- Where necessary, permission will be granted subject to conditions restricting hours of opening and/or removing permitted development rights to change to alternative uses in order to protect the amenity of surrounding occupants and the vitality and viability of the area generally.
Supplementary text
20.1 Section 2 of the NPPF: Ensuring the vitality of town centres states that planning policies should be positive, promote competitive town centre environments and set out policies for the management and growth of centres over the plan period. Policies must define the extent of town centres and primary shopping areas based on a clear definition of primary and secondary frontages in designated centres, making clear which uses will be permitted in such locations. Competitive centres should promote customer choice and a diverse retail offer and reflect the individuality of town centres.
20.2 Norwich is a thriving retail and visitor destination of regional significance and, in terms of retail spend and attractiveness, among the top ten nationally. The city centre is the most accessible and sustainable location for retail, leisure, office, cultural and tourism related development. In accordance with NPPF advice, the purpose of this policy is to balance the priorities between different town centre uses, aiming to retain a substantial proportion of shopping within the core shopping streets and key attractors of Castle Mall and Chapelfield, whilst accepting a diversity of uses in the speciality and local independent shopping areas and secondary shopping streets.
20.3 Retail uses are critical in underpinning the city centre’s continued vitality and viability; however an appropriate diversity of other town centre uses such as restaurants, café s, financial services, leisure and cultural uses and office based employment help support the vitality and health of the city centre, for people of all ages throughout the day and evening.
20.4 Policy DM20 takes forward the proven approach of the City of Norwich Replacement local plan 2004 and its predecessors to protect and strengthen the retail offer of the city centre and proactively manage incremental change to help support its retail vitality, viability and diversity. The strategy has both supported the city centre as a major regional shopping destination and, through improvements to the public realm, ensured that its historic character is enhanced and specialist retailing encouraged. In recent years this has enabled the development of leisure, cultural and entertainment facilities at Riverside and the Forum, consolidated large multiple retailing at Chapelfield and assisted in the expansion and retention of specialist and local independent retailing in the Norwich Lanes. Further regeneration of the city centre, as set out in policy 11 of the JCS, will be supported by this policy alongside provision for the future expansion of the primary shopping area at St Stephens Street in the Site allocations plan and St Stephens area masterplan and substantial new retail development at Anglia Square through the NCCAAP.
20.5 The primary and secondary retail areas and large district centres are shown on the Policies map. The primary area and the Anglia Square/Magdalen Street Large District Centre are subdivided into smaller frontage zones within which defined retail frontages are identified for the purposes of this policy, whilst the majority of the secondary areas are self-contained zones within which a defined retail frontage may or may not apply, depending on the character and function of the area concerned. The frontage zones (as listed in appendix 4) acknowledge the varied functions of discrete groups of streets within the centre and the relative importance of retail uses and other supporting services in defining their individual character and attractiveness. Frontages in the primary area include a generally high proportion of A1 retail uses, with the secondary frontages providing opportunities for a more diverse mix of supporting services to promote vitality and interest, as well as allowing a particular focus in some areas on speciality and local independent retailing (in accordance with JCS policy 11).
20.6 Although a policy on the management of uses in the city centre could not be made so flexible that it would put the key retail attractions of Norwich at risk, it is acknowledged that retail centres are dynamic and constantly changing. This will be particularly so if the growth in internet based retailing continues at the expense of the high street. The city council acknowledges that a policy seeking to manage change in retail frontages must be approached in the context of a period of rapid and dynamic change in the retail sector and in the character and function of town centres which means that the nature of the shopping experience could change markedly over the plan period. Accordingly a decision has been made not to include detailed percentage thresholds (setting out a minimum proportion of A1 retail use which should be sought in different shopping frontages) within the body of the policy itself, but instead to include appropriate and justifiable thresholds in adopted supplementary planning documents which can be reviewed and updated on a regular basis in response to change as it occurs. This approach will allow the flexibility to adapt to change in the character and function of the centre over the fifteen-year plan period which may well see a significant transformation in the way primary and secondary shopping areas are used.
Interpretation
20.7 The percentage of A1 retail use will be calculated by reference to frontage length – i.e. the total measured length of a defined frontage which is in lawful retail use within the applicable frontage zone at ground floor level. Retail premises which are in a temporary flexible use introduced through permitted development rights will be treated as being in their lawful planning use before the temporary use commenced.
20.8 Defined frontages are shown by a solid blue line notation on the Policies map. The only exception to this is where main shopping frontages exist on two or more floor levels, as at Castle Mall and Chapelfield, which are illustrated on inset plans showing each level separately. This method is used because it is the presence of an active, attractive, lively and diverse retail frontage within a particular street or area which has the most obvious impact on its overall vitality and viability, rather than the contribution of a particular quantum or scale of retail floorspace. Basing the calculation of the percentage of retail uses on individual frontage zones, formed by smaller groups of streets, rather than on the primary area as a whole, ensures that a healthy mix and balance of uses can be maintained across the area. It also avoids potential damage to retail vitality and viability from disproportionate clustering of non retail uses in any one part of it.
20.9 The definition of retail frontages on the Policies map reflects the character and function of different parts of the area and incorporates a number of changes from the previous local plan. It prioritises the core shopping streets and both shopping malls for a generally high proportion of retail use, helping to maintain a critical mass of shopping, whilst allowing a greater proportion of beneficial non retail uses elsewhere.
20.10 For the purposes of this policy the primary retail area is divided into two parts. Firstly there are the core pedestrian priority areas and main shopping streets, focused on the key route between St Stephens Street and the Market Place, together with the two purpose-built shopping centres of Castle Mall and Chapelfield. These areas are characterised by large format multiple retailers and have a generally high pedestrian footfall. Secondly there is the network of more intimately scaled pedestrian shopping streets lying either side of and including London Street, which have a higher proportion of speciality and local independent shops complemented by a variety of supporting services such as street cafés, restaurants and hot and cold food takeaways catering to the daytime shopper and visitor.
20.11 The council’s previous policy on the management of retail uses required that a minimum proportion of 85% of A1 retail use should normally be maintained within all defined retail frontages in the primary area. In recent years the changing nature of the shopping experience in Norwich has led to a wider diversity of uses – in particular cafés and restaurants – being accepted in some frontage zones in the primary area in breach of this threshold where there are clear benefits to vitality and viability. Experience has shown that this more flexible approach has aided overall vitality and viability: retail vacancy rates have remained low and the city centre has remained generally resilient to the effects of the post-2008 recession, remaining in the top 15 retail destinations in the country.
20.12 A requirement to maintain a minimum of 85% A1 retail frontage indiscriminately in all of the primary area frontage zones is no longer considered appropriate, since retail representation in many zones as defined in the previous adopted local plan has already fallen below that level and JCS policy 11 promotes the extension of leisure and hospitality uses across the city centre. Additionally there is a need to respond to the NPPF’s emphasis on supporting enterprise and stimulating economic growth, which would include giving appropriate encouragement to non retail supporting services and other town centre uses where they can help to sustain city centre vitality and viability. The scope to vary the detail of the policy thresholds through SPD will give additional flexibility.
20.13 The successful application of the policy will rely on regular monitoring of change in retail frontages (including temporary flexible uses introduced through permitted development) and appropriate review of SPD to ensure that any thresholds applied remain relevant and necessary. It should also be able to encourage the types of non retail uses which can make a genuinely beneficial contribution to vitality and activity in street frontages and not result in areas of dead frontage for all or part of the day.
20.14 Where they do not cause major residential amenity concerns, proposals for A3, and A4 uses (cafés, restaurants, and drinking establishments) will generally be supported in preference to A2 and A5 uses (financial and professional services and hot food takeaways). A2 and A5 uses would need to demonstrate exceptional benefits to vitality and viability which could not be achieved by an alternative use, (for example where the takeaway use is geared primarily to daytime use serving shoppers, or where the financial and professional service is offered as part of a broader mix of uses within the same premises. Conditions may be imposed in appropriate cases to restrict permitted development rights for change of use within class A or other use classes where an otherwise permitted change of use would be likely, in the opinion of the city council, to result in a harmful impact on retail vitality and viability or on residential amenity.
20.15 In secondary retail areas and large district centres, some of which are identified as ‘Specialist shopping areas’ in JCS policy 11, many streets have particular specialisms, such as St Benedicts being geared to businesses which support music, alternative culture and the creative arts; Magdalen Street’s emphasis on ethnic retailers and restaurants and Elm Hill’s focus on speciality retailing appealing to tourist and visitors. A threshold setting out a minimum level of retail use may still be appropriate to apply in some areas as it is important that secondary areas do not become over dominated by non retail uses and a reasonable representation of shops is retained. Particular account will be taken of the need to encourage and protect speciality and local independent retailing and supporting services within areas such as the Norwich Lanes. For those areas which do not have a defined retail frontage the policy will focus on protecting their vitality and viability and ensuring that proposals for alternative uses would not have an unacceptable impact on other areas of the centre or undermine the overall objectives of the JCS.
20.16 In circumstances where an area or premises suffers from long-term vacancy, the loss of a shop may be accepted where this would have a beneficial effect on the vitality of the area or would contribute to its economic or physical regeneration. Applicants proposing alternative permanent uses for long-term vacant retail premises will normally be expected to show that the premises has been vacant for more than nine months, kept in a good state of repair and actively marketed throughout that period at a realistic commercial rent or sale price with no interest being shown from potential retail occupiers. The council will encourage and accept community uses within vacant premises on a temporary basis where this would help to improve the vitality and attractiveness of areas which are otherwise in decline. Such temporary permission (where needed) would typically be granted for an initial period of one year although there will be scope to agree longer periods in individual circumstances where it is appropriate and beneficial to do so. During this time the premises should still be actively marketed for retail purposes.
20.17 Many premises within the primary and secondary retail areas are located outside defined retail frontages and there is much scope for the productive reuse and conversion of vacant and underused parts of retail and commercial premises situated above and below street level. In order to ensure that Norwich city centre remains vibrant and diverse and to promote the most sustainable use of buildings in accordance with policy DM3, the council will seek to maximise the use of upper floors, basements or premises outside defined retail frontages and will support appropriate proposals which achieve this. Appropriate uses include residential, offices, restaurants and café s, pubs and bars, non-residential institutions and leisure uses which are at an appropriate scale for their location within the city centre. Proposals providing for a main use of a building at ground floor level only must maintain or reinstate separate accesses to upper and lower floors to ensure that the future use of those areas of the building is not prejudiced. The council will not support proposals for ground floor uses that do not make provision for the effective use of upper floors in the long-term.
20.18 It is important to ensure that uses proposed at all levels of a building are compatible and a particular mix and disposition of uses within a building would not give rise to unacceptable impacts on living or working conditions or on the wider environment. In assessing proposals for change of use, consideration will be given to likely impacts on the amenity of existing and future occupiers in accordance with policy DM2 and DM11 of this plan. Conditions will be used as appropriate to limit hours of opening and/or restrict otherwise permitted future changes of use which would result in such undesirable impacts.
20.19 In the event that changes to the General Permitted Development Order are brought forward which remove the need for permission for certain changes of use to which this policy applies, the council will consider any justification for supplementary measures such as Article 4 directions in support of policy DM20 if proposed permitted changes are likely to cause significant harm to retail vitality and viability in certain streets and areas. Conversely, where additional flexibility is deemed necessary in areas of decline there may be scope to introduce Local Development Orders to allow specific changes of use to be made without permission.
20.20 This policy will need to be supported by regularly reviewed SPD as well as other initiatives to enhance the retailing environment and improve conditions for businesses across the city centre. The city council, through coordinated city centre management arrangements, is already effectively operating the kind of ‘Town team’ approach endorsed through the Portas review and smaller area retail consortia such as the Norwich Lanes are doing much to raise the profile of specialist and local independent retailing in this part of the centre. This will be greatly assisted by the establishment, in November 2012, of the Norwich city centre Business Improvement District (BID). The Norwich BID covers much of the south-western part of the centre including the primary retail area and the Norwich Lanes. Aiming to “make a clear positive impact on the vitality of our city centre and the success of the businesses within it”, the declaration of the BID will enable £3m of investment income to be generated through an annual business rates levy on commercial premises, to fund a wide range of improvements and initiatives benefiting local business.
References
- NPPF: CLG, 2012: Section 2: Ensuring the vitality of town centres: Promote the vitality and viability of town centres: define the extent of the town centre and the primary shopping area, based on a clear definition of primary and secondary frontages in designated centres, and set policies that make clear which uses will be permitted in such locations. Section 8: Promoting healthy communities: ensure that established shops and facilities are able to develop and modernise in a way that is sustainable and retained for the benefit of the community.
- National Planning Practice Guidance, CLG 2014: Ensuring the vitality of town centres.
- High Streets at the heart of our communities: The government’s response to the Mary Portas review, CLG 2012.
- JCS policy 9: Strategy for growth in the Norwich Policy Area.
- JCS policy 11: Norwich city centre.
- JCS policy 19: The hierarchy of centres.
- Norwich sub-region: Retail and town centres study, GVA Grimley, 2007.
- Retail and leisure topic paper, April 2013.
