Development and Site Allocations (DaSA) Local Plan - Options and Preferred Options

The Theatres Trust supports Option C to develop draft Policy DCO1: Retention of Sites of Social or Economic Value, which will expand on Local Plan Core Strategy Policy CO1.

We recommend the supporting text to the draft policy be very clear about what documentation is expected. For example:

Evidence Required

Viability
Any change of use application made on the basis of lack of viability will require evidence of this. This will include accounts for the previous 3 years, including VAT returns where applicable. The accounts shall detail any debt (e.g. mortgage) being serviced by the business, so that a fair assessment of the viability can be made. Where a business has closed in the previous year, the last 3 years accounts will be required.

Applications should also demonstrate reasonable attempts have been made to support the long term viability of the business. For example, in the case of a theatre, this may include attempts to diversify the range of shows and functions presented to attract a greater audience; or for a pub, it may include improving the food and accommodation offer to attract additional guests. Applicants should be aware that any information submitted with an application will be made public. The Council will consider any request for confidentiality, but a clear need must be demonstrated.

Valuation
A valuation report with evidence of how the sale price has been determined will be required and should be produced by a chartered surveyor (RICS member) and make reference to values of comparable properties in the locality. The sale price should reflect the use/ uses for which it is being marketed, not the alternate use achieved by the change of use application.

Marketing Information
Sufficient marketing should be carried out to demonstrate whether the site could be viable in its current or similar use. This will include instances where a site has become vacant, but was last used as a community facility or for employment uses. The type and extent of marketing required will be influenced by the nature of the site.

A marketing report is required and should reflect current market conditions, with any marketing carried out for at least 10 - 12 months within 2 years of the date of submission of the planning application. The report will need to provide evidence the following activities having been carried out:

* Appointment of a suitably qualified and experienced agent
* Erection of a prominent signboard on the site
* Production of agents particulars/brochure
* Targeted marketing to agents contacts list
* Press coverage, minimum of monthly advert in a suitable publication
* Website entry appropriate to the use / business
* Details of any enquiries and viewings
* Details of any reasons given for not proceeding by potential purchasers
* Details of any offers and reasons turned down if applicable

The marketing strategy should be discussed and agreed at formal pre-application meeting.

Assets of Community Value
Where the property is listed as an Asset of Community Value under the Localism Act 2011 the Council will expect to see evidence of discussion with the local community regarding options for its continued use. This might include an exploration with the local community of the potential for a community enterprise.