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Response to Question 6 - Objection to Draft Site Allocation Policy BEX15: Land South- East of Beeching Road, Bexhill (Chapter 9)
We write on behalf of our client WM Morrison Supermarkets Plc ('Morrisons') in relation to the draft retail allocation at Bexhill (Draft Policy BEX14). Morrisons wish to highlight that draft proposals for a new foodstore on this site were first promoted in 2012/2013, however these were not progressed due to various factors, including the change in the food retail market. Notwithstanding this Morrisons continue to express an interest in delivering a foodstore on this site and have undertaken lengthy discussions with Rother DC.
The site has been the subject of previous detailed appraisals, by Rother DC, Morrisons, as well as Rother DC's own retail consultants, GL Hearn and more recently GVA.
GL Hearn Rother Shopping Assessment Update Report (2013)
We note that Rother DC appointed GL Hearn to prepare the Rother Shopping Assessment Update Report in 2013. This included an assessment of future retail needs in the district, however it also included a 'Sequential Site Analysis', in particular in relation to potential retail sites in Bexhill.
GL Hearn identified the land which is the subject of the current draft allocation and confirmed that the southern side of Beeching Road (i.e. A(i)) is the preferred location for retail development due to its proximity to the town centre. However, GL Hearn accepted that the site may be difficult to assemble in the short-term due to land ownership issues. GL Hearn did not rule out the possibility of a retail development to the rear (i.e. Sites A(ii) and A(iii)), however they concluded that there are less suitable in terms of their connection with the town centre. For reference please see the plan below (plan attached: http://www.rother.gov.uk/CHttpHandler.ashx?id=31167)
which highlights these areas and which is appended to the GVA 2018 study (Appendix VII).
GL Hearn also acknowledged that Site A(i) comprises a small industrial estate accommodating c. 21 units and associated car parking. There are numerous interests on the estate that comprises Site A(i) and these amounting to c. 27 different leasehold interests which will need to be resolved with either through re-location or financial re-imbursement. GL Hearn state:
"Due to the presence of active businesses on Area A (i), achieving a viable scheme on the site may be challenging, particularly given its relatively limited size. It is likely that Area A(ii) would have to be incorporated in order to assemble a viable development site, with the associated car parking requirements. It is considered that Area A(iii) represents a viable development prospect, subject to the costs of business relocation not precluding development" [our emphasis]
GVA Retail Capacity Study for Bexhill-on-Sea (September 2018)
More recently, GVA were appointed by Rother DC to provide an updated capacity assessment for Bexhill-on-Sea, however it also provides input into the proposed allocation as drafted in the 2016 Draft Site Allocations Local Plan. GVA concludes that Bexhill Town Centre has experienced a 'considerable drop' in convenience market share since the 2007 retail study and they provide a number of forecasts in respect of convenience need. Assuming a 5% uplift in market share this would amount to 1,623 sq m by 2028.
GVA acknowledge the 2016 draft retail allocation at Beeching Road makes provision for 2,000 sq m net sales floorspace. Whilst this is slightly higher than the forecast capacity GVA conclude:
"any new store will need to be of a reasonable size in order to compete with the out-of-centre Tesco store at Ravenside Retail Park and help achieve a small uplift in the town's convenience market share."
GVA consider that a convenience goods sales area of 2,000 sq m appears to be appropriate in this case and we would emphasise that the out-of-centre Tesco at Ravenside Retail Park has a net sales area of 3,112 sq m (net convenience sales of 2,334 sq m).
We note that GVA also comment on the draft retail allocation and conclude that whilst foodstore / supermarkets will have their own layout requirements they suggest that areas A(i) and A(ii) would be large enough to accommodate a store measuring 2,000 sq m net convenience plus parking and servicing. GVA comment on the issue of 'availability' and conclude that the ability to make the Beeching Road (south) site (i.e. A(i)) available for redevelopment has its challenges, in particular the ability to amend long and short-term leases will take time to resolve.
GVA express their opinion that the redevelopment of this area remains a medium-term option and that this is not a significant issue given the scale and urgency of need. GVA highlight Rother DC's involvement as freehold landowner across the site will assist in bringing forward land for redevelopment and reorganising / relocating existing occupiers. GVA make it clear that Rother DC will need to take a prominent and active role in bringing land forward for redevelopment to fulfil the aspirations of the allocation.
Draft Site Allocation BEX14: Land south-east of Beeching Road, Bexhill
The 'Draft Development and Site Allocations Local Plan' (October 2018) sets out the draft allocation for Beeching Road (BEX14). The supporting paragraphs 9.156 to 9.172 set out the context to the allocation and provide further clarification on the policy requirements. Policy BEX14 sets out the key criteria for development of the site and Figure 33 comprises the Policy BEX14 'Detail Map'.
Figure 33: Policy BEX 14 Detail Map included: http://www.rother.gov.uk/CHttpHandler.ashx?id=31168
The draft policy seeks to locate the retail development on the southern (pink highlighted) section of the allocation (as per the extract below - plan provided: http://www.rother.gov.uk/CHttpHandler.ashx?id=31168). Rother DC appear to have applied GVA's advice, in part, however we consider that the current draft allocation raises significant concerns in relation to deliverability and viability.
Whilst we acknowledge that the convenience need may not be urgent, it is clear that for the allocation to deliver a foodstore which is able to compete with the existing out-of-centre stores (i.e. Tesco at Ravenside) that it needs to be of a sufficient scale. In this case, 2,000 sq m net convenience has been confirmed as appropriate by GVA and we agree with this.
GVA suggest that areas A(i) and A(ii) would be large enough to accommodate a store of 2,000 sq m net convenience sales, plus parking and servicing. Whilst that may be correct, the draft allocation has excluded a significant portion of area A(i), as illustrated by the 'proposed retail area' (highlighted in pink in the extract below). We assume this exclusion is due to availability concerns and the existence of long leasehold interests on the business units that front onto Terminus Road.
Morrisons have real concerns that the 'proposed retail area' is constrained / compromised and will not be able to deliver a store (including car parking, servicing and associated infrastructure) which will meet the aspirations of the allocation, i.e. a store of sufficient scale and quality to claw back convenience trade and promote linked trips with Bexhill Town Centre.
The site itself is subject to a number of physical constraints in terms of significant change in levels from west to east, as well as north to south, and the existence of two culverts (we note the draft policy refers to just one culvert). We acknowledge that the area identified for retail development is intended to deliver a store, car parking / pedestrian access as close to Terminus Road as possible, however it's Morrisons firm view that the area identified would be unable to deliver a viable scheme given its size and form.
Furthermore, Morrisons are aware long leasehold interests within the defined retail area. Whilst we acknowledge that Rother DC are the freehold owners, it is unclear whether Rother DC have made progress in securing agreements / amendments to the leases to deliver the allocation.
In light of this we are of the view that the draft allocation / policy cannot be accepted as being 'effective'. Rother DC confirms that the being effective "means that the policies and proposals in the DaSA Local Plan can actually happen and are deliverable." Morrisons are of the opinion that the retail allocation as currently drafted is not deliverable and there is a real risk that the proposed allocation may prevent retail development coming forward.
In light of this we would suggest that the proposed allocation / policy is amended which provides an element of flexibility to take into account the physical constraints of the site as well as the potential ownership / availability constraints. This would not restrict retail development (including car parking) to the 'proposed retail' area (shaded pink) and, if required, it could include the area reserved for employment uses (immediately to the north).
In the context of the above, the suggested changes to Draft Policy BEX14 and the supporting paragraphs are set out below. We consider these are necessary in order to make the policy 'effective' and 'sound'.
Proposed changes to the supporting paragraphs
The suggested changes to the supporting paragraphs are set out below. New text in bold and deleted as strikethrough.
9.156 Given the historic character, mix of ownership and already intensive use within the town centre, there is little opportunity for a large scale redevelopment to accommodate the level of convenience goods floorspace identified within the Core Strategy for Bexhill within the town centre boundary. Therefore, the Council must apply the sequential test in the consideration of sites to accommodate the floorspace, by firstly looking at edge-of-centre sites (i.e. within 300 metres of the town centre boundary) and, if necessary, out-of-centre sites with good links to the town centre. [No comments]
9.157 Work undertaken for the Council by GL Hearn in 2013 and GVA in 2018 considered a number of sites in terms of suitability to accommodate convenience goods retail floorspace and their location in proximity to the town centre. The only edge of centre site which can be considered available and suitable for retail redevelopment is 'Land South-East of Beeching Road'. The centre of site is within the 300m threshold to be considered edge of centre. The route from the edge of the town centre is relatively flat and there are no obstacles which would hinder the scope for linked trips with the town centre. Even so, to achieve linked trips to the town centre, direct, attractive and safe pedestrian links from the site and
along Terminus Road towards the town centre are vital. [No comments]
9.168 There is an existing public car park located on the site and it is expected that an agreement is made for the store's car park to be made available for use by the public. Consideration will need to be given to relocating the existing coach and lorry park within the site as part of proposals and provide for an equivalent quantum of spaces, in liaison with the District Council. [No comments]
9.169 Any future planning application must be accompanied with a retail impact assessment, in line with Policy EC7. Planning permission will only be granted where the proposed retail floorspace does not harm the viability of Bexhill town centre and makes a clear, positive contribution to the town centre via linked trips [No comments]
9.170 The need for additional comparison goods floorspace is expected to be provided within the town centre as set out above. Therefore, non-food sales should be restricted, meaning that they should account for a small and ancillary part of the store and not provided in a separate unit(s). The Council consider that a 20% limit on comparison goods floorspace within the new foodstore is appropriate.
9.171 The site has a medium potential to contain prehistoric, Roman and medieval remains.
An archaeological assessment would be a planning application requirement. [No comments]
9.172 A connection from the site to the nearest point of the foul sewerage network with adequate capacity will need to be made in consultation with the service provider and the detailed layout of development should take account of the nearby wastewater pumping station to minimise land use conflict [No comments]
Proposed changes to the Draft Policy BEX14
The suggested changes to draft Policy BEX14 are set out below. New text on bold and deleted as strikethrough.
text showing bold and strikethrough wording: http://www.rother.gov.uk/CHttpHandler.ashx?id=31187
Land south-east of Beeching Road, as shown on the Policies Map, is allocated for convenience retail development. Proposals will be permitted where the scheme:
i. provides a minimum of 2,000sqm of convenience floorspace (net) and provides only non-food 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;
ii. includes provision for the development of office units, if practicable;
iii. is accompanied by a Retail Impact Assessment in line with the requirements of Policy EC7;
iv. provides at least the minimum a direct pedestrian access frontage onto Terminus Road, as indicated on the Detail Map, to make a positive contribution to linked trips and create a visual connection with the Town Centre;
v. brings forward direct and attractive pedestrian links between the store, its car park and the town centre, including the environmental improvement of pedestrian links across Terminus Road and the northern end of Sackville Road;
vi. provides consequential offsite highway works to improve the junction of Beeching Road and London Road, alongside financial contributions towards the improvement of public transport to serve the development;
vii. ensures that the store's car park is locates the store's car park on the southern part of the site and agreement is made for the car park to be made available for use by the public;
viii. an assessment of the options to re-provide the existing coach and lorry park is undertaken, in liaison with the District Council, and suitable alternative provision made;
ix. existing occupiers of premises located within the site are re-provided, if practical within the site north of the retail allocation in the area set aside for employment redevelopment, shown in the Detail Map. If required, an alternative scout hut premises should also be provided for elsewhere in the locality in line with Policy CO1;
x. a connection is provided to the local sewerage system at the nearest point of adequate capacity, in collaboration with the service provider;
xi. an 8 metre built development exclusion zone from either side the main river culverts which passes through the site, is achieved to allow access to the existing outfall;
xii. in accordance with Policy DEN5 'Sustainable Drainage', appropriate
xiii. SuDS are incorporated within the development; and
xiv. demonstrates that the access arrangements and the service yard are located in a position that protects the residential amenity of adjacent properties.
xv. The masterplanning of the site should take account of nearby wastewater pumping stations to minimise land use conflict.
