24-0118-PP Braehead S42 GMC DL
Renfrewshire Council · 28 May 2024
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Report by Chief Planning Officer Planning and Climate Change Policy Board: 28 May 2024 Reference No 24/0118/PP Application Type Planning Permission-Full Proposal Section 42 application to vary conditions 4 and 5 of planning permission 99/02668/DC, to allow for increased gross retail floorspace and to widen the range of goods sold from Unit I and to consolidate previously granted consents to allow a wider range of goods to be sold from Units D2, E and J Location Braehead Retail Park, 136 King's Inch Drive, Renfrew Ward 1 - Renfrew North and Braehead Community Council Renfrew Community Council Applicant Braehead (Glasgow) Ltd. Recommendation Grant subject to conditions All plans, reports, documents and representations relating to this application can be viewed in full online at https://pl-bs.renfrewshire.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=S8W0XCMWFH600 This report fulfils the requirements of regulation 16, Schedule 2, paragraphs 3(c) and 4 of The Town and Country Planning (Development Management Procedure)(Scotland) Regulations 2013. The report is presented to the Planning and Climate Change Policy Board in line with the Council's Scheme of Delegation. While the application would normally fall within the scheme of delegation to be determined by officers, the scheme of delegation allows for officers to refer applications to the Board. The application has been referred in this instance to allow the application to be fully considered for the potential impact on Renfrewshire’s Network of Centres. Proposal This proposal is an application under Section 42 to vary conditions 4 and 5 of planning permission 99/02668/DC, to allow for increased gross retail floorspace and to widen the range of goods sold from Unit I and to consolidate previously granted consents to allow a wider range of goods to be sold from Units D2, E and J at Braehead Retail Park, 148 Kings Inch Drive, Renfrew. Planning permission was granted subject to conditions on 2 March 2000 (99/02668/DC): - Erection of non-food retail warehousing etc. (Application to amend Condition NC(d) attached to Permission Number 2239/98 and also allow sale of automotive goods and accessories). Over the past 15 years, planning permission has been granted to allow a widening range of goods that can be sold from individual units (Units D2, E and J). This application seeks to consolidate these consents into a single up-to-date permission. Conditions 4 and 5 of Planning Permission of planning permission 99/02668/DC state the following: Condition 4 "The retail components of the scheme shall provide not more than the following areas of gross retail floorspace: - (a) the shopping mall: 50,000 square metres storage, of which not more than 11,000 square metres shall be used for the sale of convenience goods, not more than 38,250 square metres for the sale of comparison goods; (b) the retail warehouse park: 24,200 square metres."
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Amendment Sought "The retail components of the scheme shall not provide more than the following areas of gross retail floorspace: - (a) the shopping mall: 50,000 square metres storage, of which not more than 11,000 square metres shall be used for the sale of convenience goods, not more than 38,250 square metres for the sale of comparison goods; (b) the retail warehouse park: 25,000 square metres." The current gross retail floorspace of the retail park units is 23,142 sqm. Units G, H and I are currently wholly occupied by the electronics retailer, Currys. It is proposed that Currys will subdivide the existing three units to occupy units G and H only, with a proposed mezzanine space to provide additional sales area. The subdivision and mezzanine do not require planning permission. A planning application has also been submitted for the formation of an end-terrace enclosed outdoor sales area to Unit I (24/0117/PP). These proposals would bring the total gross floorspace area for the Retail Park to 24,843sqm (643sqm above the current restriction under condition 4 of 99/02668/DC). The S42 application therefore seeks additional flexibility to increase this to 25,000 sqm (800sqm above the current restriction). Condition 5 "The retail warehouses shall be used only for the sale of Do-It-Yourself, furniture, carpets, electrical, gardening goods and automotive goods and accessories to the satisfaction of the Planning Authority." Amendment Sought "The retail warehouses shall be used for the sale of Do-It-Yourself, furniture, carpets, electrical, gardening goods and automotive goods and accessories to the satisfaction of the Planning Authority, with the exception that: Unit I and its associated external display area comprising 3,439 square metres gross will comprise of Class 1A unrestricted comparison (non-food) goods only in accordance with planning permission reference 13/0502/PP. Unit E shall be used for the sale of Class 1A unrestricted comparison (non-food) goods only in accordance with planning permission reference 21/0027/PP. Unit J, which measures 10,558 square metres gross, shall be used for the sale of Class 1A goods, of which no more than 6,332 square metres shall be used for the sale of convenience goods and no more than 4,226 square metres shall be used for the sale of comparison goods. This is in accordance with planning permission 08/0698/PP." Following the subdivision of Units G and H as detailed above, the resultant remaining vacant commercial unit (Unit I) will be repurposed for use by a new tenant, utilising ground floor sales area and a new outdoor sales area extending from the eastern elevation (24/0117/PP). The Planning Statement submitted with the application states that the intended occupier of Unit I is a leading general variety goods retailer. The retailer sells a range of DIY, furniture, electrical and automotive goods, which are allowed under condition 5 of 99/02668/DC. In addition, the retailer also sells a multitude of other comparison goods such as toys, seasonal items and a small range of clothing items, plus ancillary convenience goods. The S42 application therefore seeks flexibility for the sale of the sale of convenience and comparison goods in line with the previously approved planning permissions (08/0698/PP, 13/0502/PP and 21/0027/PP). If successful, the effect of a Section 42 application to modify a planning condition or conditions is to grant a further planning permission for the whole development again but with the amended condition or conditions replacing those that were previously issued, or with conditions removed if required. All other conditions, if relevant, are also required to be attached
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to any new planning permission. A review of the conditions attached to the previous planning permission 99/02668/DC will also therefore be carried out. Site Description The application site comprises Braehead Retail Park, 148 King's Inch Drive, Renfrew. Braehead which is a Local Commercial Centre as identified in the Renfrewshire Local Development Plan (2021) (LDP). The Retail Park is located to the southeast of, and immediately adjacent to Braehead which is a Strategic Centre as identified in the Adopted LDP. Marlinford Quay and the Clydeside Walkway bound the site immediately to the northeast, with Sainsbury's Braehead to the southeast and the existing Retail Arcade to the northwest. Car parking and the Braehead Retail Park access road from King's Inch Drive are located immediately to the southwest of the site. Pre-Application Consultation with Officers The Scottish Government strongly encourages constructive pre-application discussions between prospective applicants and the planning authority. Pre-application discussions seek to identify key planning considerations at an early stage and help inform what supporting information is required to support a subsequent application. No pre-application discussions have taken place. Negotiated Improvements No changes have been negotiated. Site History Most recent relevant planning history detailed below: Application No : 24/0117/PP Description: Erection of end-terrace enclosed outdoor sales area with associated alterations Decision: Pending consideration Application No.: 21/0027/PP Description: Use of Unit as Class 1 (Retail) for the sale of unrestricted comparison good only Decision: Grant subject to conditions Application No: 21/1555/AD Description: Display of one internally illuminated fascia sign, three non-illuminated secondary signs, three non-illuminated directional signs and one internally illuminated totem replacement Decision: Grant Application No: 18/0462/PP Description: Erection of (non-food) retail warehouse development including sprinkler tank, sub-station and pump room, and provision of parking, access, landscaping and public realm Decision: Grant subject to conditions Application No: 18/0090/AD
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Description: Display of non-illuminated fascia sign Decision: Grant subject to conditions Application No: Renewal of planning permission 14/0160/PP 'Erection of end-terrace retail unit as western extension to existing retail warehouse units, alteration to road layout and additional landscaping Decision: Grant subject to conditions Application No: 16/0200/PP Description: Erection of retail unit as eastern extension to existing retail warehouse units and provision of landscaping. (Section 42 application for the deletion of Condition 1 of planning approval 10/0318/PP). Decision: Grant subject to conditions Application No: 13/0502/PP Description: Change of use of retail warehouse (Unit D2,938sqm) to Class 1 Retail (comparison goods only) Decision: Grant subject to conditions Application No: 08/0698/PP External alterations to existing Class 1 retail unit, reconfiguration of site including removal of garden centre, formation of new service yard, alterations to car park and access roads and construction of petrol filling station Decision: Grant subject to conditions Application No: 99/02668/DC Description: Erection of non food retail warehousing etc (Application to amend Condition NC(d) attached to Permission Number 2239/98 and also allow sale of automotive goods and accessories. Decision: Grant subject to conditions Consultations Chief Executive (Roads Development) – No objections. Representations The application has been publicised in line with the requirements of the relent legislation. No representations were received: Policy Context In making any determination under the Planning Acts, regard is to be had to the development plan unless material considerations indicate otherwise. In this instance the Development Plan consists of National Planning Framework 4 (NPF4) and the Renfrewshire Local Development Plan (2021) (LDP). The following provisions of the Development Plan are considered relevant to the determination of this application: National Planning Framework 4 NPF4: Policy 27 - City, town, local and commercial centres
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NPF4: Policy 28 - Retail Full details relating to the policies of the LDP can be found online. Renfrewshire Local Development Plan LDP 2021: Policy C1 - Renfrewshire's Network of Centres LDP 2021: Policy I1 - Connecting Places Full details relating to the policies of the LDP can be found online. Other relevant policies and guidance New Development Supplementary Guidance: - Local Commercial Centres Submitted Reports and Assessments In assessing and reporting on a planning application the Council is required to provide details of any report or assessment submitted as set out in Regulation 16, Schedule 2, para 4(c) (i) to (iv) of the Development Management Regulations. The following reports have been submitted in support of the application, and can be summarised as follows: Braehead Retail Park Planning and Retail Statement (Section 42) - The submitted statement describes the site and surroundings, planning history, development proposals, policy context and provides a planning assessment for the site. This report also included a Retail Impact assessment that advised there was no negative impact on Renfrewshire’s network of centres. Scottish Ministers Direction In determining a planning application, the Council is required to provide details of any Direction made by Scottish Ministers under Regulation 30 (Directions requiring consultation), Regulation 31 (Directions requiring information), Regulation 32 (Directions restricting the grant of planning permission) and Regulation 33 (Directions requiring consideration of condition) of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, or under Regulation 50 (that development is EIA development) of The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. None. Planning Assessment National Planning Framework 4 (NPF4) provides the long-term national spatial strategy for planning in Scotland. It sets out the Scottish Government's current view on delivering sustainable, liveable, and productive places through the application of spatial principles. Policy 27 "City, town and commercial centres" of NPF4 states that LDPs should support sustainable futures, in particular opportunities to enhance city and town centres. They should where relevant, also support proposals for improving sustainability of existing commercial centres where appropriate. Criterion b) of Policy 27 states that "unless a Town Centre First Assessment demonstrates that: all centre and edge of centre options have been sequentially assessed and discounted as unsuitable or unavailable; the scale of development cannot reasonably be altered or reduced in scale to allow it to be accommodated in a centre; and the impacts on existing centres have been thoroughly assessed and there will be no significant adverse effect on the vitality and viability of the centres."
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A Town Centre First Assessment has been prepared as part of the application and is contained within the Section 42 Statement. The Sequential Assessment summarises that Braehead Strategic Centre and Renfrew Town Centre are the closest centres to the application site and within Renfrewshire's Network of Centres. These centres were therefore assessed for sequentially preferable sites that could accommodate the proposals parameters. No sites were found within or to the edge of the centres that were large enough, to accommodate the operational requirements of the intended operator for Unit I. The proposed alterations to conditions 4 and 5 would enable a new complementary retailer to be introduced to the Local Commercial Centre that would be complementary to existing uses. It is considered that although the vacancy rate figures used for both Braehead Shopping Centre and Renfrew Town Centre are outdated, there are no current vacant units that would be of a size and format that could accommodate the proposal and the provided reasons discounting potential units in both Braehead Strategic Centre and Renfrew Town Centre are considered to be valid. The principle of retail development in this location has already been established through the original planning permission. In addition, the scale of the change proposed by the S42 application is not considered to be of a level that would unacceptably impact any of the existing centres in the network. The Retail Impact Assessment submitted in support of the application concludes (on the basis of supporting data) that the proposal would not cause a significant adverse effect on other centres and for the reasons detailed above, it is considered that the proposal would generally comply with the relevant provisions of Policy 27 of NPF4. Policy 28 "Retail" of NPF4 seeks to encourage, promote and facilitate retail investment to the most sustainable locations. In this instance, as discussed above, the proposal would enhance an existing commercial centre and as such the proposal is considered to be acceptable in principle. Policy 28 states that "new retail proposals…will be supported in …commercial centres if they are allocated as sites suitable for new retail development in the LDP. The application site relates to existing retail units within a Local Service Centre as identified in the LDP. Policy C1 of the LDP welcomes development that supports the role and function of the network of centres. It is considered that the proposals would strengthen the network and enhance the Local Commercial Centre, by increasing the range of retailers available in an accessible location in accordance with Policy C1. The policy also states that all development proposals will be considered in line with the hierarchy and role and the function of centres as set out in the LDP, including relevant guidance provided in the New Development Supplementary Guidance (SG). The application included a Retail Assessment which provides a Sequential Assessment of the centres within a 10-minute drive of the application site, and an Impact Assessment which adequately demonstrate that there would be no unacceptable impact on the network of centres as a result of the proposal. The Assessment also identifies that this proposal would have less of an impact when compared to previous expired planning consents to extend the commercial centre. While these consents were granted prior to the adoption of NPF4, it is reasonable to highlight this proposal in relation to previous consented floorspace. It is considered that the submitted impact assessment adopts a proportionate approach and the conclusions appear to be reasonable. For the reasons given above, it is considered that the proposal would comply with Policy 28 of NPF4 and C1 of the LDP. Policy I1 (Connecting Places) states that all development proposals require to ensure appropriate provision and accessibility including the ability to connect to active travel networks, public transport networks, hubs and interchanges. The application site is located adjacent to Braehead Strategic Centre and within an existing Local Commercial Centre. As such, the location already benefits from appropriate transport and accessibility provision. The proposal would therefore comply with Policy I1.
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Section 75 Obligations The Council is required to provide a summary of the terms of any planning obligation which is required to be entered into under Section 75 of the Town and Country Planning (Scotland) Act in relation to the grant of permission for the proposed development: None. Conclusion In view of the above, it is considered that the proposal would accord with the relevant provisions of the Development Plan. There are no other material considerations. Planning permission should therefore be granted subject to the proposed revised changes to the planning conditions. As the Retail Park has been developed and has been in operation for a number of years, many of the conditions attached to the original consent have been met and are no longer necessary or relevant and as such have been removed from the list of recommended conditions. Recommendation Grant subject to conditions Reason(s) for Recommendation 1. The proposal accords with the provisions of the Development Plan and there were no material considerations which outweighed the presumption in favour of development according with the Development Plan. Condition(s) 1. The retail components of the scheme shall provide not more than the following areas of gross retail floorspace: - (a) the shopping mall: 50,000 square metres storage, of which not more than 11,000 square metres shall be used for the sale of convenience goods, not more than 38,250 square metres for the sale of comparison goods; (b) the retail warehouse park: 25,000 square metres. Reason: To limit the gross retail floorspace and to ensure that it does not have an adverse impact upon the role and function of any other network centre. 2. The retail warehouses shall be used for the sale of Do-It-Yourself, furniture, carpets, electrical, gardening goods and automotive goods and accessories to the satisfaction of the Planning Authority, with the exception that: Unit I and its associated external display area comprising 3,439 square metres gross will comprise of Class 1A unrestricted comparison (non-food) goods only in accordance with planning permission reference 13/0502/PP. Unit E shall be used for the sale of Class 1A unrestricted comparison (non-food) goods only in accordance with planning permission reference 21/0027/PP. Unit J, which measures 10,558 square metres gross, shall be used for the sale of Class 1A goods, of which no more than 6,332 square metres shall be used for the sale of convenience goods and no more than 4,226 square metres shall be used for the sale of comparison goods. This is in accordance with planning permission 08/0698/PP.
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Reason: To define the consent to ensure the use of the retail units reflects the role and function of the commercial centre, and to ensure that the use does not have an adverse impact upon the role and function of any other network centre 3. Noise from or associated with the development (the building and fixed plant) shall not give rise to a noise level, assessed with windows closed, within any dwelling or noise sensitive building in excess of that equivalent to Noise Rating Curve (NRC) 35 between the hours of 0700 and 2200 and Noise Rating Curve (NRC) 25 at all other times. Reason: In the interests of amenity. Advisory Note(s) None Schedule of Plans Determined Drawing Number Revision Drawing/Document Title PL-02 001 Location Plan (PL)020 Location Plan 70110618 Braehead Retail park Planning and Retail Statement (Section 42) by wsp dated January 2024 For further information please contact Fiona Knighton, Development Standards Team, Email: fiona.knighton@renfrewshire.gov.uk.