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

QUESTION 17: Do you agree with the policy approach to existing employment sites and the proposed policy wording?'

Whilst we acknowledge Draft Policy DEC3 reflects the wording of the Core Strategy Policy EC3 we consider that the final paragraph should be amended in order to clarify the approach to 'alternative uses' i.e. "if a mixed use scheme is not viable, prioritising alternative community uses, affordable housing and then market housing, subject to local needs".

A key question here is that if a mixed use scheme is shown not to be viable then it is likely that community and / or affordable housing proposals on their own will also not be viable?

In light of this we would suggest that policy is amended so that criterion iv is amended to:

"where continued employment use of a site/premises is demonstrated not to be viable, permitting complementary enabling development as part of an overall scheme to make most effective use of the property for employment purposes; if a mixed use scheme is not viable, then alternative uses will then be considered and these may include the provision of community uses, affordable housing and market housing, subject to local needs".

Under Draft Policy BEX15 the Council seeks to allocate 'Land south-east of Beeching Road' for convenience retail development. It confirms that proposals will be permitted where the scheme includes (inter alia) 2,000 sq m of convenience floorspace and provision of office development, if practicable.

The policy wording is set out below for reference:

Draft Policy BEX15: Land south-east of Beeching Road
"Land south-east of Beeching Road, as shown on the Policies Map, is allocated for convenience retail development. Proposal will be permitted where the scheme:

(i) provides 2,000sqm of convenience floorspace;
(ii) provides only food and ancillary retail sales, and excludes a pharmacy and any other form of service outlet which might undermine the vitality and viability of the town centre;
(iii) is accompanied with a Retail Impact Assessment in line with the requirements of Policy EC7;
(iv) includes provision for the development of office units, if practicable;
(v) provides an appropriate proportion of Terminus Road frontage to create a visual connection with the Town Centre;
(vi) brings forward an attractive and safe pedestrian link from the retail store car park/store entrance to Terminus Road along the eastern boundary and the environmental improvement of pedestrian links across Terminus Road;
(vii) provides a commuted sum for the improvement of public transport to serve the development;
(viii) provides consequential offsite highway works to improve the junction of Beeching Road and London Road;
(ix) locates the car park on the southern part of the site and agreement is made for the store's car park to be made available for use by any member of the public;
(x) the existing coach and lorry park is reprovided for at a suitable location; and
(xi) demonstrates that the access arrangements and the service yard are located in a position that protects the residential amenity of adjacent properties."

We consider that the draft policy is too restrictive in our view as it seeks to limit development to only 2,000 sq m of convenience floorspace and, if practicable, office development. The policy fails to acknowledge that the allocation extends to 2.7ha site and therefore has the capacity to deliver floorspace well in excess of 2,000 sq m.

The draft policy also fails to acknowledge that the site is suitable for both convenience and comparison goods for which there is an identified need in Bexhill. The adopted Rother Local Plan 'Core Strategy' (2014) sets out the future strategy for Bexhill for the plan period (i.e. up to 2028) and in particular Bexhill Town Centre. This is set out under Policy BX2 which confirms that "The Strategy for Bexhill Town Centre is to [inter alia]. (iii) Provide for some 2,000 sq m additional convenience goods and 4,000 sq m comparison goods floorspace, primarily through 'edge of centre' retail expansion on the north side of the railway, as well as effective use of town centre accommodation" (we note floor areas are net sales area and not gross). The Core Strategy also confirms that specific proposals will come forward through the Development and Site Allocations Plan (paragraph 8.39) in order to meet this identified need. In light of this we consider that the draft policy should be amended so that it includes provision for convenience and / or comparison goods, given the identified retail 'need' confirmed above.

We also consider that the draft policy is too restrictive and fails to meet the requirements of the NPPF in that it should be flexible enough to accommodate needs and respond to changing circumstances.

NPPF Paragraph 21 confirms that in drawing up Local Plans LPAs should: "support existing business sectors, taking account of whether they are expanding or contracting and, where possible, identify and plan for new or emerging sectors likely to locate in their area. Policies should be flexible enough to accommodate needs not anticipated in the plan and to allow a rapid response to changes in economic circumstances." Furthermore at Paragraph 157 it confirms that Local Plans should "allocate sites to promote development and flexible use of land, bringing forward new land where necessary."

The proposed allocation covers 2.7ha, however the draft Development and Site Allocations Local Plan acknowledges that whilst there is a single freeholder covering the site it is subject to multiple leases and sub-leases. As such the draft policy should include provision for a phased development which may, in part, be determined by the mixed ownership across the wider site. Furthermore, greater flexibility should be included in terms of the permitted uses that could be delivered. As set out above we consider that the site should be allocated for convenience and comparison goods floorspace (subject to the necessary Retail Impact Assessments), however given its size and location it should also allow for other employment uses (including non B class employment generating uses), where these would not prejudice the delivery of retail development.

We also note that the two maps associated to the policy / allocation are at Figure 48 and 49. Figure 49 includes the 'potential area of frontage' on Terminus Road (pink hatched area). The draft Development and Site Allocations Local Plan states that this is 'desirable' but it confirms this may be 'unviable'. As a result the development of the site should not be conditional on the acquisition and delivery of this land given the significant number of freeholders / leaseholders and we would suggest that criterion (v) is omitted from the draft policy.

Finally, figure 49 also includes the proposed pedestrian access points and this includes an access from Terminus Road. Given the mixed ownership across the site this pedestrian link should only be sought where this is achievable. We also consider it is important to clarify that any 'commuted sums' will be subject to the statutory tests as set out in the Community Infrastructure Levy Regulations 2010.

In light of the above, we would request Policy BEX15 is amended to the following:

"Land south-east of Beeching Road, as shown on the Policies Map, is allocated for convenience and comparison retail development, as well as employment uses. Proposals will be permitted in a phased approach where the scheme(s):

(i) provides up to 2,000sqm of convenience floorspace and / or up to 4,000 sq m of comparison floorspace;
(ii) excludes pharmacy and any other form of service outlet where this may undermine the vitality and viability of the town centre;
(iii) is accompanied with a Retail Impact Assessment in line with the requirements of Policy EC7;
(iv) includes provision for employment development (B class uses or employment generating uses), if practicable;
(v) if achievable, it brings forward an attractive and safe pedestrian link from the proposed retail units car park to Terminus Road along the eastern boundary and the environmental improvement of pedestrian links across Terminus Road;
(vi) provides a commuted sum for the improvement of public transport to serve the development (where this meets the statutory tests as set out in the CIL Regulations 2010);
(vii) provides consequential offsite highway works to improve the junction of Beeching Road and London Road (where these are required to mitigate the impact of any development);
(viii) includes car parking areas on the southern part of the site and these are made available for use by any member of the public;
(ix) the existing coach and lorry park is reprovided for at a suitable location, if required; and
(x) demonstrates that the access arrangements and the service yard(s) are located in a position that protects the residential amenity of adjacent properties."