Planning for Rutland’s Future - Issues and Options Consultation

Issue 5: Supporting vibrant town centres and a network of local centres

Strategic Objective 5 Enabling Rutland's market towns and, their centres in particular, to be places for economic and cultural activity with good access to services; seeking to sustain a network of larger villages that serve local needs; and enabling the viability and sustainability of smaller villages and countryside – in ways which protect the County's heritage, character and identity.

The NPPF includes the principles of retail and town centre development set out in the 'Ensuring the vitality of town centres' section. Paragraph 85 continues the 'town centre first' principle which recognises centres as being at the heart of communities.

The NPPF directs the development of retail and other town centre uses towards town centres in the first instance, and for development outside town centres compliance with the sequential and impact 'tests' needs to be demonstrated. Any new applications for retail or other town centre uses on the edge of, or outside of, the defined town centres in the County should therefore demonstrate that there are no sequentially preferable sites available, and that no 'significant adverse' impacts will arise on existing defined centres.

The NPPF states that local planning authorities should pro-actively promote competitive town centre environments that provide customer choice and a diverse retail offer. The NPPF also advises that policies should define the extent of the town centres and primary shopping areas and set policies that make clear the range of uses which will be permitted in such locations, as part of a positive strategy for the future of town centres. Rutland has two defined town centres in Oakham and Uppingham. The main town centre uses considered suitable for Oakham and Uppingham town centres, based on the NPPF definition, include retail and leisure development (including restaurants, bars, pubs, nightclubs, indoor bowling centres and health and fitness centres) offices, arts, culture and tourism development (including theatres, galleries, hotels and conference facilities).

The retail policies in the withdrawn Local Plan were developed based on a study to define Primary Shopping Areas for the authority's two town centres of Oakham and Uppingham. A Primary Shopping Area is an area within a centre where retail development is concentrated. The area is drawn across the functional town centre area and the Primary Shopping Area boundaries are where retail is focused. The withdrawn Local Plan defined Primary Shopping Areas for the two centres, which is no longer a requirement under the amended NPPF, although the accompanying PPG sets out that authorities can retain them if there is a robust case for doing so.

Government policy sets out a threshold of 2,500 sqm gross for developments which require an impact assessment. However, Local Plans can set out a lower threshold where this is considered appropriate. The Core Strategy adopted a lower threshold 500 sqm (gross) for town centre uses outside of the defined town centres. This requires proposal above the threshold to undertake an Impact Assessment which allows the Council to consider the impacts of larger developments on the town centres and will examine the impacts of the proposal on the existing town centre.

The Council's previous policy approach has been aimed towards the retention of existing main town centre uses within centres to ensure that they remain vibrant places and continue to meet retail needs. Whilst this is still considered an appropriate and necessary approach, the government has made some recent changes to the use classes order and permitted development which need to be considered.

In September 2020 the government introduced the new use class (Class E) which replaces and combines the former uses for shops (A1), professional services (A2), restaurants (A3), offices and light industrial (B1), clinics, crèches and gyms. This gives more flexibility for premises in the Class E use class to change use without the need for planning permission. The Council have therefore lost some of the previous controls to retain retail shops.

The Council could develop a policy that encourages Class E uses to be located within a defined Primary Shopping Area (with the inclusion of residential on upper floors if considered acceptable), with a requirement to provide active street frontages. Outside of the Primary Shopping Area, the Council could consider a greater level of flexibility in terms of uses, including residential at ground floor where appropriate, subject to securing the necessary prior approval or change of use.

The study of Oakham and Uppingham Town Centre (2021) ensured the withdrawn Local Plan policy approach in respect of town centres was consistent with the requirements of the NPPF and remains up to date. The study also had regard to the changes in national planning policy with the introduction of Use Class E in September 2020 which removed any protection of retail uses in policy terms which was previously afforded by their inclusion in a separate use class (Use Class A1).

However in August 2021, the government introduced more changes which will allow premises falling within Class E to be changed to residential without full planning permission. This means that premises in shopping areas could be changed to residential resulting in the loss of a commercial frontage which would previously have been resisted. A process called Prior Approval is still needed which is subject to some limitations and criteria, for example proposals involving re-development of a site or changes of use over (1,500 sqm floorspace) will still require full planning permission. The Council could seek to resist change of use or redevelopment proposals of 1,500sqm where it would affect the vibrancy of the centres.

The government has also included a criterion within the prior approval where the building is located in a Conservation Area and would involve a change of use of the whole or part of the ground floor which is to consider the impact on the character or sustainability of the Conservation Area. This could be considered on an individual basis, although it might provide more clarity to identify those Conservation Areas which are traditionally commercial. Alternatively the Council could seek to focus upon Class E uses and ensure that proposals meet a series of qualitative criteria to maintain and enhance town centre health within the Conservation Area where:

• there is a justifiable case that the proposed use(s) will make a positive contribution to town centre health;
• the proposed use(s) will make a positive contribution to levels of vitality in the town centre;
• the proposed use(s) provide active and attractive ground floor frontages; and
• the proposal is able to meet amenity criteria

The Council will need to update it Retail Capacity Assessment (2016) to consider whether there is a need to provide any retail allocations and whether the town centre strategy for Oakham and Uppingham remains up to date.

Further work may be required to update the 2021 Town Centre's study to assess the impact of Covid-19 on Oakham and Uppingham in the long term to consider how Rutland's town centres will develop over the plan period. The town centre's study only provided a 'snapshot' of the policy and legislative position and may require if there are further policy and legislation announcements.