POLICY PRINCIPLES (paragraph 6)
19. Together with Box 2, this paragraph sets out six policy principles relevant to development plans and other strategies. There were very few comments. One comment from a retailing consultant (Hargest and Wallace) recommended that the objectives should include reference to promoting economic development and regeneration as well as competition and choice.
Executive Response: The Executive's policy commitment to growing the economy is set out fully in the Policy Context Section, as is the contribution of the retail sector to the Scottish economy. Promoting competitive places and encouraging regeneration is one of five key policy objectives.
(a) IDENTIFYING A NETWORK OF CENTRES (paragraphs 7-11)
20. This and the subsequent five sections provide further information on implementing the six policy principles included in box 2. To encourage a sustainable approach, the policy at paragraph 7 in draft SPP 8 supports the promotion of a network of centres. While acknowledging the important role of town centres, the national policy for considering a wider network that embraced other centres was welcomed by both the public and private sectors. Clarification was however sought on a number of detailed aspects. Local authorities including Dundee and Glasgow City Councils, retailers including Tesco, consultants including RDPC, The Law Society and developers requested more guidance on the implementation of the policy covering a number of matters. These included a clearer definition of 'network of centres'; the detailed application of the policy in relation to how the network and the sequential approach will work in practice; the role of retail impact considerations and quantitative and qualitatative evaluations in relation to the network of shopping centres and the role of particular centres; and whether all centres including retail malls, individual stores will have the same degree of protection as town centres.
21. Sainsbury's, along with other retailers and local authorities, welcomed the recognition of a shopping centre network, together with an assessment of the centres' function including quantitative and qualitative requirements. In relation to paragraph 8, they commented " We would however caution against an over-prescriptive approach to capacity and needs assessments and we look forward to the publication of more detailed guidance on their preparation". Capital Shopping Centres, Tesco and RDPC expressed the view that this paragraph implies that the planning authority is best placed to identify a centre's function and future needs. Their view is that it is vital all stakeholders and the retail industry are involved as it is not clear that planning authorities have the skills or resources to undertake assessments. South Lanarkshire Council, West Lothian Council, Morrisons and Hargest and Wallace requested clarification of the application of the policy in this paragraph.
22. Paragraph 10 acknowledges the role of small towns, villages and other accessible locations in providing shopping and other services for rural areas. The view of a number of local authorities in rural areas and smaller retailers was that the limited statement did not provide adequate guidance for retailing in small rural towns and villages and reinforced the perception that the SPP was predominantly urban focused.
23. The recognition in paragraph 11 that in exceptional circumstances under performing centres should not be protected generated agreement both amongst public and private sectors on the problem, but a difference of view on the solution. The local authority view expressed by Aberdeen City, Midlothian and South Lanarkshire Councils was that solutions should be development plan led. Some developers commented such an approach must be undertaken with both the community and stakeholders. The majority of retailers and developers sought a more flexible approach. In their opinion development plans were not able to respond timeously and proactively to the dynamism of the retail changes and a more flexible approach is required that recognises realistic change can be achieved through planning applications. Morrisons commented " the development plan should not have a monopoly on this process. Deficiencies and gaps could arise in the network of centres during the life of a development plan and which should not be ignored until a replacement development plan is prepared and adopted. The role therefore of individual applications to remedy this should be included in the SPP."
Executive Response: The Executive has addressed the requests for additional policy guidance on the network of centres by clarifying the sequential approach with regard to commercial centres and by amending text relating to 'focusing development in town centres' to encourage all stakeholders to work together in the preparation of the development plan.
In relation to paragraph 11 of the draft SPP, the Executive does not accept the view that the most effective means of addressing under-performing centres is through planning applications. The planning reforms introduced through the Planning Bill envisage a stronger and more effective development plan system. Additionally other changes to the SPP acknowledge that supplementary planning guidance and development frameworks will also have a role to play.
(b) FOCUSING DEVELOPMENT IN TOWN CENTRES (paragraphs 12-18)
24. This section sets out the principles of the sequential approach to selecting sites for all town centre type uses, with locational priority being given to town centres, then edge-of-centre and finally out-of-centre sites. While the comments were wide and diverse, there was a focus on a number of particular issues - the sequential approach, retail impact assessments for town centre developments, the role of bulky goods in town centres and use of conditions to restrict the sale of particular goods.
25. There was an overall acceptance of the value of the sequential approach from all categories of consultees. Nevertheless edge-of-centre developments were considered as having potentially greater impacts than out-of-centre and a local authority view was that it should be restricted to in town centre and out-of-centre. This view was not shared by some retailers including Tesco who viewed edge-of-centre sites as providing valuable opportunities to support investment in town centres.
26. As the sequential approach is regarded as a fundamental tool, there were requests from a number of consultees including Hargest and Wallace, Standard Life Investments and British Land for additional advice on its principle, role and use. Retailers and developers commented in particular on the need to clarify in the finalised SPP how "shopping and leisure centres" in Box 1 fit with the locational preferences in the sequential approach. Glasgow City Council considered there to be inconsistencies to the various references to the sequential approach in the SPP. Another commented that applying it to all town centre uses could be onerous.
27. Retailers, including ASDA and Morrisons, and developers, including Capital Shopping Centres, Bride Hall and Forth Ports, requested clarification about the relationship between the definitions in Box 1 and the locational preferences in paragraph 12. Lothian, Borders and Angus Co-operative Society were of the view that the sequential approach should be applied to all proposals to expand off-centre sites, including mezzanine floors. The Helensburgh Green Belt Group requested drafting changes to ensure that small towns should not be damaged by retail outlets on town fringes.
28. The references to "suitable" and "viable" sites in town centres and "available in a reasonable time" in paragraph 13 generated a range of comments including requests for these phrases to be clarified. There was scepticism from the private sector that local authorities are best placed to assess viability of suitable sites in the town centres without working closely with retailers and developers. Amongst local authorities there were mixed views, some which did not consider it appropriate for development plans to identify suitable and viable sites while others requested supplementary advice on this matter.
29. There were mixed views on the intention that retail assessments are not required for developments in town centres (paragraph 14). It was welcomed particularly by some retailers including Aldi and Tesco as one way of not drawing the planning system into competition issues. It was also proposed that it should also extend to edge-of-centre developments. In contrast some local authorities considered that it was important that all retail developments should be the subject of retail assessments irrespective of location. Aberdeenshire and Angus Councils considered that not requiring assessments could be harmful where smaller rural towns are being targeted by major retailers. They were of the view that a large development in town centres can have an effect on the diversity of the town centre as a whole.
30. The edge-of-centre description generated requests for a clearer definition, notably for a reference to the importance of links to the primary shopping area. One retailer commented that without such sites, many town centres would miss out on new investment. The private sector was generally of the view that the same tests should not be applied to edge-of-centre sites as out-of-centre sites. A small number of the responses questioned whether there is a continued role for the category given the broader definition of town centres.
31. The assertion in paragraph 18 that bulky goods no longer need to be linked to the vitality and viability of town centres generated a strong response, particularly from a large number of local authorities and community groups. The general view was that city centre department stores demonstrate that the bulky goods format can be adapted to city and town centres. City of Edinburgh Council commented that bulky goods DIY stores have an equivalent non-food role to food supermarkets and stores need to be well-distributed and locally accessible to avoid 'home maintenance deserts'.
32. Although paragraph 18 acknowledges the possible use of conditions, there was a perception from local authorities and town centre management companies in particular that the revised policy had omitted such a reference and therefore discouraged their use. The Executive in SPP 8 recognises that they have a valuable role in particular circumstances.
Executive Response: To address some of the issues raised above: an additional step has been included within the sequential approach to clarify the relationship to the network of centres; clarification has been provided on a 'reasonable' time; reference is made to stakeholders working together to take account of commercial realities in the preparation of the development plan; edge of centre has been clarified as edge of town centre; reference has been included to the relationship of edge of town centre sites and the primary retail areas of town centres; the sentence relating to bulky goods has been amended to accept their role in town centres; the reference to the use of conditions, which was already present, has been highlighted within a separate paragraph; and information on how mezzanines are being addressed in the Planning etc (Scotland) Bill is included.
(c) IMPROVING TOWN CENTRES (paragraphs 19-21)
33. Through the use of town centre strategies this section advocates a proactive approach by local authorities to support improvements in the town centre. These paragraphs generated relatively few comments. There was a general acceptance and support for the role and potential value of town centre strategies from all categories of consultee. However given their preparation could be resource intensive for local authorities, clarification is sought by Aberdeenshire and South Ayrshire Councils to which centres the policy relates. Other local authorities, including East Renfrewshire Council and the Glasgow and Clyde Valley Structure Plan Team, commented on the absence of a cross reference to PAN 59: Improving Town Centres. The private sector expressed the view that the preparation of centre strategies should be extended to other shopping centres in the network of centres.
34. Comments, overall, focused on the effective delivery of town centre strategies with requests for additional resources for local authorities for the preparation of town centre strategies, town centre improvements and the retention of small businesses, as well as an improved compulsory purchase system. Further guidance on the delivery of town centre strategies was requested from Argyll and Bute Council, Sainsbury's and The Royal Town Planning Institute ( RTPI). Furthermore RTPI and Cockburn Association considered the SPP should identify how they might be assessed in the light of the implications of the strategic environmental assessment measures included in the Environmental Assessment (Scotland) Bill. National agencies commented on the need to address inclusive design and gender issues as part of the improvements to town centres.
Executive Response: A cross reference has now been included to PAN 59, Improving Town Centres and it is intended that the further guidance requested on town centre strategies will be in the form of a new PAN addressing a number of related methodologies.
(d) PROVIDING AN ATTRACTIVE AND SAFE ENVIRONMENT (paragraphs 22-23)
35. This section gives priority to securing high design standards in new development and creating high quality, inclusive and safe town centre environment. It generated relatively few comments, the majority of which, both from public and private sector consultees, welcomed the policy commitment to improved design and mixed uses. The new Government adviser on design matters, Architecture+Design Scotland, commented that well designed developments of the appropriate scale can create new places and refresh town centres. The private sector, while supportive of improvements to the public realm, looked to the public sector and local authorities to play a full role in delivering the improvements which SPP 8 seeks.
36. A number of consultees requested clarification and changes to the text including the reference to large sheds and standard design in paragraph 23. Tesco and Capital Shopping Centres considered " the reference to 'standard designs' and large shed like developments are pejorative and inappropriate…Paragraph 23 could be used to justify refusal of all buildings with shed-like characteristics, regardless of locational and/or functional merit."
Executive Response: The text has been amended to remove reference to 'large shed style developments'. Further clarification has been provided on important elements of design and on the need to secure high standards of design in all new development.
(e) ENHANCING ACCESSIBILITY (paragraphs 24-26)
37. This section, which gives priority to high accessibility both as an essential element in supporting the success of town centres and in determining the location of retail and leisure developments, was well supported by all categories of consultee. While the comments were limited in number, there were a number of wide ranging individual and detailed points from both the public and private sector consultees seeking clarification on the application of the policy.
38. Detailed points and issues raised included - clarification of the policy in relation to shopping centres and out-of-centre developments (Edinburgh City and Midlothian Councils); a recognition that to achieve social justice a more dispersed pattern of development can have a role to play and that the SPP should provide for the concept of well-connected polycentrism (Scottish Retail Consortium, RTPI); accessibility should also provide for the delivery of goods, not just people (Fife Council, Scottish Retail Consortium); the need to provide for effective accessibility outwith shopping hours in order to support the evening and 24-hour economy (Association of Town Centre Management); a clearer acknowledgement of the role of the car to fulfil shopping trips and the related requirement for short-term parking (Federation of Small Businesses, East Dunbartonshire Town Centre Management); and, inclusion of guidance on how accessibility can be improved by retaining existing paragraphs within NPPG 8 and including summaries of the relevant parts of SPP 17 : Planning for Transport, including the transport hierarchy, and PAN 75 : Planning for Transport.
Executive Response: To address the detailed points raised, changes have been made to state that access should be by a range of modes, which would include the car. Acknowledgement is given to the importance of access for delivery of goods and to the availability of short term parking. Clarification is provided on the relevance of the policy to locations outwith the town centre through the use of 'wherever they are located' and on the timing of transport improvements 'before developments begin operation'. Reference has also been included to the provision of facilities for disabled people.
It was not considered appropriate to repeat transport planning policy and advice, given the statement now made at the beginning of all new SPPs that the national policy series should be regarded as a whole and read together.
(f) MONITORING AND REVIEW (paragraphs 27-28)
39. The policy seeks the regular review of the network of centres and a town centre's performance, and in the case of town centres advocates the use of health checks. While there was a general support for health checks and the indicators included in the SPP, there were a limited number of comments seeking clarification on detailed points. These included the frequency of the reviews (Stirling Council), the value of time series reviews, the potential resource implications for local authorities (Dundee and West Lothian Councils, ASDA, Morrisons, Bride Hall, Forth Ports), and constraints regarding the availability and reliability of existing data (Edinburgh and Glasgow City Councils, RTPI).
Executive Response: Further information on health checks and vitality and viability indictors is to be provided at a later date after completion of a research project into related methodologies.