PLANNING STATEMENT AND SEQUENTIAL ASSESSMENT€¦ · 1.1 This planning statement and sequential...

Multi-Tile Ltd

Land at: Unit 1 Teal Business Park, Dennis Road, Widnes, WA8 0YQ

PLANNING STATEMENT AND SEQUENTIAL ASSESSMENT

EPP reference: PS1-8758-AF-CP-bp

May 2012

CONTENTS:

1. INTRODUCTION 1

2. THE APPLICATION 2

3. CONTEXT 4

4. POLICY CONTEXT 5

5. SEQUENTIAL ASSESSMENT 12

6. EMPLOYMENT LAND ISSUES 20

7. SUMMARY AND CONCLUSIONS 22

8. APPENDICES 23

Multi-Tile Ltd Land at: Unit 1 Teal Business Park, Dennis Road, Widnes, WA8 0YQ Planning Statement and Sequential Assessment

PS1-8758-AF-CP May 2012 Page 1 of 23

1. INTRODUCTION

1.1 This planning statement and sequential assessment has been prepared on behalf of Multi-

Tile Ltd in support of a planning application for the change of use of unit 1, Teal Business

Park, Dennis Road, Widnes from a car sales showroom to storage, distribution and sale of

hard wall and floor finishes and associated products.

1.2 It is proposed that the application site would be occupied by Topps Tiles.

1.3 This planning application is the resubmission of a previous application (LPA ref:

12/00009/COU) for the same proposed change of use on the site. The previous application

was validated on 16th December 2011. It was refused on 28th February 2012 for the

following two reasons:

1. the proposed use is considered to be retail, given that the site is located within a

Primarily Employment Area, the use is therefore considered to be unacceptable

in principle and contrary to Policy E3 ‘ Primarily Employment Area’ of the Halton

UDP; and

2. no sequential test has been provided with the application therefore the proposal

is considered to be contrary to policies TC6 ‘Out of Centre Retail Development’

of the Halton UDP, and policies EC15 and EC17 1(A) of PPS4: Planning for

Sustainable Growth.

1.4 This application seeks to address the two previous reasons for refusal. It should be noted

from the outset that we consider the proposed use is sui-generis. It is a storage use (B8)

with associated trade sales and more limited sales to the public. As set out in paragraphs

4.42 and 4.43 of this statement, the council’s own evidence base recognises that Topps

Tiles is more orientated to being a trade park operator than a retail use.

1.5 Consequently, there would be no requirement to undertake a sequential assessment in

support of this type of operation. Indeed, having regard to the nature of Topps Tiles

operations, it is considered their use would be entirely inappropriate in a town centre

location. However, notwithstanding this, a sequential assessment has also been provided

to address the second reason for refusal. We also consider the proposed use would be in

accordance with policy E3.



2. THE APPLICATION

Trading characteristics of Topps Tiles

2.1 As stated above, Topps Tiles is a sui generis which is considered entirely appropriate

within an established employment/commercial area such as the application site. Topps

Tiles has an established trading format which caters for the requirements of builders and

tradesman and this format has been accepted as being entirely appropriate by many local

authorities. It operates in the excess of 300 units from a variety of employment/industrial

and trade locations throughout the country.

2.2 Topps Tiles provide a range of tiles and tile related products and specialise in serving the

trade sector. Topps Tiles use a combined storage and display area with tiles stored in bulk

on large pallets throughout the unit and builders/traders/customers are allowed access to

this general area. It is acknowledged that retail sales to the general public are not

prohibited but having regard to the nature of the product (i.e. a building material) and in

view of the employment/industrial location of many of Topps Tiles units; it is evident that

Topps Tiles is aimed at supplying building materials to traders and builders.

2.3 Topps Tiles are predominately a tile operator but also stock a range of laminate flooring as

well as other products associated with the fitting and maintenance of wall and floor

coverings. Topps Tiles do not stock carpets or any other form of floor coverings other than

tiles and laminates. In addition they do not stock bathrooms or plumbing products unlike

many retail tile operators.

2.4 Topps Tiles is significantly different from a standard ‘tile boutique’ who tend to display a

far larger range of sample tiles but have no stock available on site. Tiles are ordered and

are usually delivered to the customer. Clearly these operators are aimed at the retail

market and are not well placed to meet the requirements of the trade sector which is for

on demand goods.

2.5 By comparison Topps Tiles stock a far smaller range. Topps Tiles has no separate

distribution warehouse network to supply customers and therefore all goods are stocked

and distributed from individual Topps Tiles units. The goods are ordered in bulk on pallet

loads and stored on these pallets within the units. Topps Tiles do not provide a delivery

service and therefore customers must provide their own means of transport to take away

goods, emphasising the trade orientation of the operation.

2.6 The goods are bulky and require units with a large display/storage area to ensure that

sufficient quantities of stock are maintained to cater for the needs of trade customers.



2.7 Topps Tiles use a combined storage and display area with tiles stored in bulk in large

pallets throughout the unit. This combined format allows access to the combined storage

and display area with stock easily accessible and available to take away at the time of

purchase. Topps Tiles do not offer a delivery service and thus builders/customers must be

able to collect this bulky product themselves, further emphasising that Topps Tiles is

aimed predominantly at servicing the trade sector.

2.8 Given the bulky nature of the product, the dependence on large stock levels and the

emphasis on trade sales, the operation is considered to be inappropriate for a town centre

location. It is not considered practical to offer tiles and flooring predominately aimed at

the builder/traders market from a town centre location. It is extremely difficult to take

away a large quantity of tiles or flooring without the use of a van or larger vehicle. Parking

in town centres is often not conveniently located in order for builders/traders to purchase

heavy/bulky goods in bulk and easily transfer those goods to their vehicle. In this respect,

it is a legitimate requirement of Topps Tiles business model to have car parking available

close by together with access to a loading bay. Town centres rarely offer such

opportunities.

2.9 Topps Tiles units also offer a discount card system together with a credit facility to trade

operators. This is particularly helpful for smaller traders, builders and developers helping

them to gain the financial benefits usually only afforded to national large scale operators.

The trade discount system gives traders a discount of 30% for orders of 4 sq m and over.

In addition traders are offered a credit facility TradePro which provides 45 days interest

free credit plus a 2% cashback facility on monthly spend. Further discounts are also given

for all TradePro transactions. TradePro currently has a 500,000 strong customer database

which is growing rapidly. In addition, Topps Tiles supply two major insurance claims

businesses.

2.10 Topps Tiles do not attract large numbers of customers or encourage linked trips and its

operation would be considered detrimental to a town centre. The operation is aimed at

serving traders who do not wish to be drawn into centres and indeed would offer very

little potential for linkage with retail operators. Topps Tiles relies upon a few relatively

large sales as opposed to higher levels of small purchases with a greater emphasis on a

requirement for large stock quantities within the unit available to purchase and take away

at the same time.

2.11 Topps Tiles offer direct employment opportunities within their units and indirect benefits

by supporting local businesses and builders/traders.



2.12 In view of the bulky nature of the product, and the quantities in which the products are

stored, transported and sold, we consider that the operation of Topps Tiles is well suited

to this location.

2.13 We note that there are trade counter uses in the area. However, equally appropriate uses,

particularly involving bulky building materials find it difficult to adopt this trading format

and Topps Tiles, like many building product specialists have a combined operating format

i.e. they do not segregate their storage or showroom area.

2.14 The presence of trade counter units would complement the location of Topps Tiles at the

application site. As shared trips from the trade could be made to Topps Tiles and the

surrounding trade counter units.

2.15 Topps Tiles were formerly located at Unit E of the Ashley Retail Park on Lugsdale Road.

This unit closed in order to accommodate the newly built Tesco Extra store. The nearest

Topps Tiles to Widnes are located in Warrington and St Helens, both of which are some 6

miles away from Widnes. This loss of a locally established business means that Topps Tiles

is losing trade from Widnes. A new site therefore needs to be acquired to re-establish a

presence in Widnes as soon as possible. Other than the application site, there are no other

suitable sites, which are available in the immediate or short-term in Widnes.

3. CONTEXT

Site location and description

3.1 Unit 1 is one of a number of units at the Teal Business Park (formerly the Barkin Centre).

It is currently vacant. For the past 25 years the site has been used as a sui-generis car

showroom (Motor Switch). It is however currently vacant. The use of the site as a sui

generis car showroom does not comprise a B1, B2, B8 or other industrial use.

3.2 Unit 1 has a gross floor area of 520 sq m. Car parking and servicing is possible within the

existing forecourt at the front of the site.

3.3 The site is accessed via Tan House Lane, which joins the A562 Fiddler’s Ferry Road at the

roundabout to the immediate north east of the site.

3.4 The site is located to the east of Widnes Town Centre. It is just 550m walking distance

from the primary shopping area as defined on the UDP proposals map. Pedestrian

accessibility from the site to the town centre is good, with footpaths and pedestrian

crossings provided across the A557 Ashley Way and a footpath along the A562 Fiddler’s

Ferry Road.



3.5 As shown on the use class plan attached as appendix EPP2, the surrounding area

comprises a mixture of uses, including employment / sui generis / trade counter uses,

which serve the building industry e.g. Screwfix, Dulux, PTS and Johnstone’s.

Relevant planning history

3.6 Planning permission was granted for the use of the site as a car showroom in September

1987 (LPA ref: 21826F).

3.7 Planning permission was refused in February 2012 for the change of use from a car sales

showroom to storage, distribution and sale of hard wall and floor finishes and associated

products (LPA ref: 12/00009/COU). This application is a resubmission of the previously

refused application.

Consultation and background

3.8 Paragraph 188 of the NPPF states that early engagement has significant potential to

improve the efficiency and effectiveness of the planning application system for all parties.

Good quality pre-application discussion enables better co-ordination between public and

private resources and improved outcomes for the community.

3.9 Once instructed, we requested a pre-application meeting with the council’s planning

officers to discuss the re-submission. Unfortunately, the council’s officers confirmed that

this would not be possible in the short-term.

4. POLICY CONTEXT

National planning policy and guidance

National Planning Policy Framework (NPPF)

4.1 The National Planning Policy Framework (NPPF) was published on 27th March 2012. The

policies within the NPPF apply from the date of publication. As the Halton Unitary

Development Plan was submitted, examined and adopted under the provisions of the 1990

Town and Country Planning Act the council should not give the policies within it full weight

where there is a limited degree of conflict with the NPPF.

4.2 Paragraph 7 explains that there are three dimensions to sustainable development:

economic, social and environmental. The planning system needs to perform an economic

role by contributing to building a strong, responsive and competitive economy and

ensuring that sufficient land of the right type is available in the right places and that the

right types support growth and innovation.



4.3 Paragraph 14 states that there is a presumption in favour of sustainable development,

which should be seen as a golden thread running through both plan making and decision

taking. For decision taking, this means approving development proposals that accord with

the development plan without delay and where the development plan is absent, silent or

relevant policies are out of date, granting permission unless any adverse impact of doing

so would significantly and demonstrably outweigh the benefits or specific policies in the

NPPF indicate development should be restricted.

4.4 Paragraph 18 states that the Government is committed to securing economic growth in

order to create jobs and prosperity, building on the country’s inherent strengths and to

meeting the twin challenges of global competition of a low carbon future.

4.5 Paragraph 19 states that the Government is committed to ensuring that the planning

system does everything it can to support sustainable economic growth. Planning should

operate to encourage and not to act as an impediment to sustainable growth. Therefore

significant weight should be placed on the need for economic growth through the planning

system.

4.6 Paragraph 22 of NPPF states that planning policy should avoid the long term protection of

sites allocated for employment use where there is no reasonable prospects of a site being

used for that purpose. Land allocations should be regularly reviewed. Where there is no

reasonable prospect of the site being used for the allocated employment use, applications

for alternative uses of land or buildings should be treated on their merits having regard to

market signals and the relative need of different manned uses to support sustainable local

communities.

4.7 Section 2 of the NPPF: Ensuring the Vitality of Town Centres states that planning policies

should be positive, promote competitive town centre environments and set out policies for

the management and growth centres over the planned period. In drawing up local plans,

local planning authorities should:

• recognise town centres as the heart of their communities and pursue policies to

support their vitality and viability;

• define the extent of town centres and primary shopping areas;

• allocate a range of suitable sites to meet the scale and type of retail, leisure,

commercial, office, tourism, cultural, community and residential development

needed in town centres. It is important that needs for retail, leisure, office and

other main town centre uses are met in full and are not compromised by limited

availability.

• allocate appropriate edge of centre sites for main town centre uses that are well

connected to the town centre where suitable and viable town centre sites are



not available. If sufficient edge of centre sites cannot be identified, set policies

for meeting the identified needs in other accessible locations that are well

connected to the town centre.

4.8 Paragraph 24 states that local planning authorities should apply a sequential test to

planning applications to main town centre uses that are not in an existing centre and not

in accordance with an up to date local plan. They should require applications for main

town centre uses to be located in town centres, then in edge of centre locations and only

if suitable sites are not available should out of centre sites be considered. When

considering edge of centre and out of centre proposals, preference should be given to

accessible sites that are well connected to the town centre. Applicants and local planning

authorities should demonstrate flexibility on issues such as format and scale.

4.9 Paragraph 26 states that when assessing applications for retail development outside of

town centres, which are not in accordance with an up to date Local Plan, Local Planning

Authorities should require an impact assessment if the development is over a

proportionate, locally set floor space threshold (if there is no locally set threshold, the

default threshold is 2,500 sq m).

4.10 Paragraph 27 states that where an application fails to satisfy the sequential test, they

should be refused.

4.11 Paragraph 203 states that local planning authorities should consider whether otherwise

unacceptable development could be made acceptable through the use of conditions or

planning obligations.

4.12 Annex 2 of the NPPF provides a glossary of terms. An edge of centre site for retail

purposes is a location which is well connected and up to 300m of the primary shopping

area. Out of centre sites are in a location not on the edge of a centre but not necessarily

outside the urban area.

4.13 Main town centres uses are confirmed as being:

“retail development (including warehouse clubs and factory outlet

centres); leisure, entertainment facilities the more intensive sport and

recreation uses (including cinemas, restaurants, drive-through

restaurants, bars and pubs, night-clubs, casinos, health and fitness

centres, indoor bowling centres, and bingo halls); offices; and arts,

culture and tourism development (including theatres, museums, galleries and concert halls, hotels and conference facilities).”

Planning for Town Centres – Practice Guidance on Need, Impact and the Sequential Approach

4.14 Whilst the NPPF supersedes PPS4: Planning for Sustainable Economic Growth (December

2009), the practice guidance, which was published alongside PPS4 has not been replaced.



This practice guidance has been followed in terms of the sequential approach contained

within this statement and is discussed in section five below.

Development plan context

4.15 The development plan comprises the Regional Spatial Strategy for the North West: the

North West Plan (RSS, September 2008) and the saved policies of the Halton Unitary

Development Plan (UDP, April 2005). The examination into the Halton Core Strategy was

held in December 2011. The draft core strategy is therefore a material consideration.

Regional Spatial Strategy for the North West: the North West Plan (RSS, September 2008)

4.16 The Localism Act received Royal Assent on 15th November 2011. It prevents any further

regional strategies from being created and provides the Secretary of State the powers to

revoke the existing regional strategies. It is the Government’s clear intention to lay orders

in Parliament to revoke the regional strategy as soon as possible. However, this is subject

to the outcome of environmental assessments the Department for Communities and Local

Government is voluntarily undertaking. Consultation on the environmental assessments

closed on 20th January 2012. Decisions on the revocations will not be made until the

Government has had the opportunity to consider the outcome of the environmental

assessment process. In the meantime, the RSS remains part of the development plan for

the site. The relevant policies are set out below:

4.17 Policy DP1 sets out a number of key principles for development including promotion of

sustainable communities and economic development; making best use of resources and

promoting environmental quality.

4.18 Policy DP2 is aimed at promoting sustainable communities – places where people want to

live and work is identified as a regional priority in both urban and rural areas. It identifies

that sustainable communities should meet the diverse needs of existing and future

residents, promote community cohesion and equality and diversity, be sensitive to the

environment, and contribute to a high quality of life.

4.19 Policy DP4 outlines the importance of making the best use of existing resources and

infrastructure. It makes clear that priority should be given to developments in locations

consistent with the regional and sub-regional spatial framework and sub-regional policies.

Development should accord with the following sequential approach:-

• firstly, use existing buildings (including conversion) within settlements, and

previously developed land within settlements;

• secondly, using other suitable infill opportunities within settlements, where

compatible with other RSS policies;



• third, the development of other land that is well located in relation to housing,

jobs, other services and infrastructure which complies with other principles in

DP1 to DP9.

4.20 Policy DP5 identifies the importance of reducing the need to travel and increasing

accessibility. It highlights the requirement for safe and sustainable access for all,

particularly by public transport, walking and cycling.

4.21 Policy RDF1 sets out the spatial priorities of the RSS. Widnes is included as a third priority

for growth (behind the regional centres of Manchester and Liverpool and the inner areas

surrounding the regional centres).

4.22 Policy W5 states that retail investment, of an appropriate scale, in centres not identified in

the policy (e.g. Widnes) will be encouraged in order to maintain and enhance their vitality

and viability.

Halton Unitary Development Plan (UDP, April 2005)

4.23 The main strategic aim of the UDP is to transform the quality of Halton’s environment and

improve economic prosperity and social progress through sustainable development. The

aim for economic development is to promote sustainable economic prosperity and create

new employment opportunities which broaden the economic base, reduce unemployment

and are accessible to local residents.

4.24 On the proposals map of the adopted UDP, the site is located within a primarily

employment area.

4.25 Chapter 10 of the UDP includes the policies and proposals in relation to employment.

4.26 Policy E3 was cited in the reason for refusal of the previous planning application. It states

that development falling within use classes B1 (Business), B2 (General Industry), B8

(Storage and Distribution) and sui generis industrial uses will be permitted in primarily

employment areas.

4.27 Policy S17 states that out of centre retail development will not be permitted unless need

for the facilities has been established, and harm to the vitality and viability of any

designated town centre in Halton would not occur. The justification of this policy refers to

PPG6 (June 1996), which has since been superseded by PPS6 (2005), PPS4 (2009) and

more recently, the NPPF (2012).

4.28 Chapter 8 of the UDP includes the policies and proposals in relation to shopping and town

centres.



4.29 Policy TC6 was cited in the reason for refusal of the previous planning application. It

states that retail development proposals in out of town centre locations will only be

permitted provided they comply with all of the following criteria:

a) it is demonstrated that there is a need for the development and that a

sequential approach has been applied in selecting the location of the site;

b) that it would not damage the prospects of enhancing the vitality or viability of

the town centres, through diversion of trade, deterrence or investment or through

other detrimental effects on the carrying out of the council’s regeneration objectives;

c) that it would not damage the vitality and viability of nearby neighbourhood

centres;

d) it would not create an increase in the need to travel by car and would be

accessible by a choice of means of transport.

4.30 Map 9 of the UDP shows the primary and secondary shopping frontages within Widnes.

The nearest primary frontage to the site is shown at the Windmill Centre, which has since

been replaced by the Widnes Shopping Park.

Emerging Halton Core Strategy

4.31 The core strategy was submitted to the Secretary of State for independent examination in

September 2011. The main hearing sessions of the Examination in Public (EiP) finished in

December 2011. A number of modifications emerged from the hearing sessions, which will

be subject to further public consultation in July 2012.

4.32 On the key diagram of the draft core strategy, the site is located within the South Widnes

Key Area of Change.

4.33 Draft policy CS9 states that in the South Widnes Key Area of Change, there will be a mix

of employment, retail, leisure and residential uses, including

• making available 30 ha of employment land;

• directing 25,000 sq m (gross) of convenience / comparison retail provision to

within the town centre boundary with small scale provision across the wider

area; and

• directing up to 19,000 sq m (gross) of retail warehousing bulky goods retailing

across South Widnes with a particular focus on the main retail area within the

Widnes Town Centre boundary.

4.34 Draft policy CS4 seeks to maintain existing employment areas. Any proposals for non-

employment uses within existing employment areas should be accompanied by an



examination of the wider employment land situation in the borough, including a

consideration of:

• the overall supply of employment land in the borough (including amount, type,

quality, availability and size of premises), in accordance with this policy;

• the relative suitability and sustainability of the site for the employment uses and

for the proposed alternative use;

• the location of the site and its relationship to other uses; and

• the need for the proposed use.

4.35 Draft policy CS5 states that sites in Widnes Town Centre will be identified through the

Allocations DPD process for 24,000 sq m of comparison goods (gross) and up to 19,000 sq

m (gross) of retail warehousing (bulky goods).

Other material considerations

Joint Employment Land and Premises Study (January 2010)

4.36 Halton Council along with Knowsley, Sefton and West Lancashire Councils commissioned

the BE Group to undertake a Joint Employment Land and Premises Study. The final report

was published in January 2010.

4.37 The report states that Halton has a realistic employment land supply (as at April 2008) of

178.94 ha. The additional employment land need for Halton is 147.62 ha. This reflects the

trend based forecast of land take-up, includes a 20% buffer to allow for supply post 2026

and takes into account known intervention schemes.

4.38 The application site is located within parcel E of the Widnes Waterfront (the Barkin

Centre). The JELS recommends wide ranging proposals for the regeneration on the

waterfront in line with the Phase II Masterplan Framework, including employment, B1

offices and residential on the waterfront. For parcel E (the Barkin Centre), the masterplan

identifies the area would be suitable for a mix of B1 office and trade counter uses.

Widnes Waterfront Masterplan Framework Phase 2 (April 2009)

4.39 The application site is identified within this document as being a mixed use development

opportunity comprising B1 office use and trade-counter uses. A copy of the masterplan is

appended as EPP1.

Widnes Waterfront Supplementary Planning Document (SPD, July 2005)

4.40 This SPD was adopted in July 2005. The application site is included within the SPD

boundary, although it is not identified as a key development opportunity.



Halton Retail and Leisure Study (2009)

4.41 Halton Council commissioned GVA Grimley in February 2009 to prepare a retail and leisure

assessment of current and future shopping and leisure provision within the borough, with

particular focus on the principal centres of Halton Lea, Runcorn and Widnes. The

assessment informs the core strategy.

4.42 The report was undertaken at a time when Topps Tiles operated from the Ashley Retail

Park. A description of the Ashley Retail Park is provided at paragraph 2.8:

“Ashley Retail Park itself is orientated towards bulky goods and trade

park uses with such occupiers as Topps Tiles, Motorworld and Bathstore present”.

4.43 Chapter 11 of the study provides a quantitative analysis of Widnes in terms of

convenience, comparison and bulky goods. As set out in section 2 of this statement, Topps

Tiles does not comfortably fit under these categories. This is recognised in the study. In

particular, paragraph 13.59 states:

“Ashley Retail Park is dated in design / layout terms and in our view

does not perform as a bulky goods destination due to its existing tenant

offer which with the exception of a small Comet electrical store is more orientated towards trade park operators (i.e. Topps Tiles).”

5. SEQUENTIAL ASSESSMENT

5.1 Paragraph 24 of the NPPF requires local planning authorities to apply a sequential test to

planning applications for main town centre uses that are not in an existing centre and not

in accordance with an up to date development plan. They should require applications for

main town centre uses to be located in town centres, then in edge of centre locations and

only if suitable sites are not available should out of centre sites be considered.

5.2 The NPPF goes on to note that when considering edge of centre and out of centre

proposals, preference should be given to accessible sites, well connected to the town

centre. Both applicants and local authorities are required to demonstrate flexibility on

issues such as format and scale.

5.3 As set out in section 2, it is considered that Topps Tiles is a sui generis use.

5.4 Topps Tiles is not considered to be a suitable town centre operator. There is no

requirement for example for external display windows associated with town centre retail

users. Topps Tiles are more akin to a warehouse use.

5.5 It is unlikely due to the bulky nature of the product, and the trade orientation of the

business that there will be linked trips with other town centre uses, where as the unit at



the application site is well placed in terms of its proximity to existing trade / commercial

occupiers.

5.6 Topps Tiles do not attract large numbers of customers and the operation is aimed at

serving builders / traders who do not wish to be drawn into centres and indeed would

offer very little potential for linkages with retail operators. Topps Tiles relies upon fewer

relatively large sales as opposed to higher levels of small purchases with greater

emphasise on a requirement for large stock quantities within units available to purchase

and take away at the same time.

5.7 It is not considered practical to offer tiles and flooring predominantly aimed at the builders

/ traders market from a town centre location as traders and customers require an

accessible location to enable them to pick up this bulky building product. Topps Tiles do

not offer a delivery service, and builders / customers must be able to collect this bulky

product themselves, and so van access is required at their units. It is extremely difficult to

take away a large quantity of tiles or flooring without the use of a van or larger vehicle.

5.8 Parking in town centres is often not conveniently located in order for traders to purchase

heavy / bulky goods in bulk and easily transfer those goods to their vehicle. In this

respect, it is a legitimate requirement of Topps Tiles business model to have car parking

available close by together with access to a loading bay. Town centres rarely offer such

opportunities.

5.9 The segregation of the Topps Tiles operation is not considered suitable as traders will not

wish to go into the town centre to choose their items from a showroom and than have to

drive to another distribution unit located outside of the centre to pick up their goods. It is

not practical or viable for builders / traders and would cause unnecessary traffic

movements.

5.10 We consider that it is important that the sequential approach, and the class of goods

interpretation of it, is applied in a realistic and practical manner having regard to both the

nature of the product and the operation provided by Topps Tiles. Whilst we have identified

sequentially preferable sites, and have sought to adopt a flexible approach, it is not

considered appropriate to seek to disaggregate the application proposal into small

individual units even if these were available. All this would achieve would be to disperse

trips. This would clearly have no benefit for existing centres.

5.11 The application site represents an existing concentration of commercial and employment

uses and is considered to be well placed for a Topps Tiles unit and would complement the

existing occupiers within the vicinity of the site.



5.12 Turning to the issue of viability, it must be noted that Topps Tiles competitors are other

builders and traders merchants who are all located in out of town locations and that there

is a shortage of these in the Widnes area. This form of operation is unable to substantiate

retail rents.

5.13 We consider Topps Tiles to be a specialist trader who specialises in supplying tiles

predominantly to the trade sector. The customer base and the transportation requirements

associated with this form of building product are not suitable for a town centre location.

5.14 We acknowledge that an appropriate condition could be considered, agreed and attached

to the planning permission to restrict the use of the application site to the sui-generis use

proposed or similar, if required.

The sequential assessment and the application site

5.15 The NPPF defines edge of centre sites (for retail purposes) as being locations that are well

connected to, and within easy walking distance (i.e. up to 300m) of the Primary Shopping

Area (PSA). The site is located 550m walking distance from the PSA defined on the UDP

proposals map. It is therefore out of centre. However, it should be noted that pedestrian

accessibility from the primary shopping area to the site is good, with pedestrian crossings

provided across Ashley Way and Queensway and a footpath along the A562 (Fiddler’s

Ferry Road).

5.16 As the site is out of centre, it is therefore necessary to assess whether there are any

sequentially preferable sites within Widnes Town Centre.

5.17 The application proposes the use of unit 1 for the storage, distribution and sale of hard

wall and floor finishes and associated products. The proposed gross floor area is 520 sq m

on one level. The existing forecourt of the site would be used for parking and deliveries.

5.18 The site would be occupied by Topps Tiles. Following the redevelopment of the Ashley

Retail Park for the Tesco Extra, there is a need for Tops Tiles to identify a new site within

Widnes.

5.19 The operator is therefore seeking a unit with a floor area of approximately 500 sq m. A

smaller unit would not be suitable due to the bulky nature of the goods and the storage /

moving of pallet loads, it would not accommodate the operational needs and stock levels

required to cater the requirements of builders and traders. Due to the nature of the

products, there is a requirement for this to be on one level.



Widnes Town Centre

5.20 We have undertaken an assessment of available, suitable and viable sites within Widnes

Town Centre to ascertain whether any of these sites are capable of accommodating the

proposed use. A map showing the location of uses discussed is attached as EPP2.

Available units

5.21 The sites within the Primary Shopping Area (PSA), are considered as below:

1. 81 Widnes Road – This unit is being marketed by Dixon Webb. It is 76.05 sq

m, making it too small for the application proposals and therefore unsuitable.

2. 154-156 Widnes Road – This unit is being marketed by Mason Owen. It is

309.1 sq m, split over two floors. The unit is therefore too small for the

application proposals and therefore unsuitable.

3. 1-7 Albert Road – This unit is being marketed by Tushingham Moore. It has a

ground floor sales area of 224.07 sq m plus ancillary floor space of 51.84 sq m.

The unit is therefore too small for the application proposals and therefore

unsuitable.

4. 37-41 Albert Road – This property is being jointly marketed by Pugh

Auctioneers and Mason Owen. We understand that it was due to be sold at

auction in October 2011, but was sold before the auction took place. There is

however still a board on the property. Mason Owen has confirmed that the

property is currently let and has been since August 2011, but may become

available in June.

The marketing particulars state that there is 264 sq m of retail floorspace on the

ground floor and 259.2 sq m of storage and ancillary space on the first floor.

The premises also benefit from servicing to the rear.

Notwithstanding the fact that the property is not currently available, it is

considered that it would be unsuitable for Topps’ Tiles operations owing to the

fact it is split over two floors. As set out above, this would not be appropriate,

given the bulky nature of the goods and storage of them on pallets.

5. 43 Albert Road – This unit is being marketed by Mason Owen. It is 232.05 sq

m, making it too small for the application proposals and therefore unsuitable.

6. Green Oaks Shopping Centre – Cushman & Wakefield is currently marketing

the following units at the Green Oaks Shopping Centre:

• Unit 8 – 302 sq m;



• Unit 13/14 – 437 sq m;

• Unit 15 – 95 sq m;

• Kiosk E – 23 sq m; and

• 14-16 Albert Road – 276 sq m.

All of the units are too small, and therefore unsuitable. There is also no access

for collections. As set out above, Topps Tiles is dependent on collections and

owing to the heavy nature of the goods, requires access for collections.

7. Albert Square Shopping Centre – Bradys is currently marketing the following

units at the Albert Square Shopping Centre:

• Unit 4 – 205.04 sq m;

• Unit 15 (no. 27) – 130 sq m;

• Unit 10 (no. 19) – 171 sq m; and

• Unit 30a (no. 7) – 185.53 sq m.

All of the units are too small, and therefore unsuitable.

Bradys has confirmed that there are proposals to redevelop the site of the

Prince of Wales pub, to provide an additional 1,000 sq m of floorspace.

However, a planning application has not yet been made. This site is therefore

unavailable.

8. Widnes Shopping Park – CBRE has indicated that only one unit is currently

available. This unit is next to Wilkinson’s and is 232.26 sq m, making it too small

for the application proposals and therefore unsuitable.

We understand from CBRE that there are future plans for a ‘phase 2’ of the

shopping park, but a planning application has not yet been made.

5.22 In summary, all of the available units within the town centre are too small with one

unsuitable as it is split over two levels. The units in the town centre do not provide the

parking and servicing required for customers to collect their goods at the time of

purchase.

Edge of centre sites

5.23 We have undertaken an assessment of available, suitable and viable edge of centre sites

within 300m walking distance of the PSA to ascertain whether any of these sites are

capable of accommodating the proposed use.

Available units

5.24 The available units are as follows:



1. 4 Salisbury Street – This unit (next to Blockbuster Video) is being marketed

by Dixon Webb. It is 176.3 sq m, making it too small for the proposals and

therefore unsuitable.

2. 27-29 Widnes Road – This unit is being marketed by Dixon Webb. It is 210.3

sq m. The unit is therefore too small for the application proposals and therefore

unsuitable.


m, making it too small for the proposals and therefore unsuitable.

4. 45 Widnes Road – This unit has a board on it to suggest that it is being

marketed by Kevin Oliver. Kevin Oliver has confirmed that the property has now

been sold.


m and therefore too small for the proposals. It is consequently unsuitable.


m, making it too small for the proposals and therefore unsuitable.

7. 63 Widnes Road – This unit is being marketed by Edward Symmons. It is

131.21 sq m and therefore too small for the proposals and consequently

unsuitable.

8. 120-124 Widnes Road – This unit is being marketed by Dixon Webb. It is

257.62 sq m and therefore too small for the proposals and consequently

unsuitable.


m and therefore too small for the proposals and consequently unsuitable.

10. 128 Widnes Road – This unit is being marketed by Dixon Webb. It is 141.86

sq m and therefore too small for the proposals and consequently unsuitable.

11. Liebig Court, Widnes Road – This unit is being marketed by Dixon Webb. It

is 103.3 – 145.1 sq m, making it too small for the proposals and therefore

unsuitable.

12. 72 Albert Road – This unit is being marketed by Dixon Webb. It is 232.5 sq m,

making it too small for the proposals and therefore unsuitable.







5.25 In summary, all of the edge of centre sites are unsuitable by virtue of size.

Development opportunities

5.26 The vacant site at 88A – 92 Albert Road is being marketed by Edwards Symmons as a

development opportunity. The marketing particulars state that it is 0.16ha in size and

suitable for a range of uses including residential, retail, offices, crèche / day nursery or a

health centre. Edward Symmons has confirmed that the site benefits from a current

planning permission, which their client is considering developing themselves. Outline

planning permission for the erection of a four storey building to accommodate 24 no.

apartments and ground floor retail space (LPA ref: 10/00078/OUT). Outline permission

covering all matters except for landscaping was granted in November 2010. We

understand that the retail units would be 175 sq m in total, and therefore too small for the

proposals.

Other applications

P&O site, Tanhouse Yard, Tan House Lane

5.27 On 13th February 2012, Halton Council’s Planning Committee resolved to grant planning

permission for the erection of 15,455 sq m of retail warehousing (use class A1), including

surface level car parking, new vehicular and pedestrian access, highway works,

landscaping, servicing and associated infrastructure works at the P&O site at Tanhouse

Yard, Tan House Lane (LPA ref: 11/00231/OUT).

5.28 The committee’s resolution to grant outline planning permission including details of access

with all other matters reserved was subject to a section 106 legal agreement for the

provision of a financial contribution towards the gyratory improvements, town centre

connectivity, town centre management, local bus transport improvements and entering

into highways agreements as necessary, including access rights for construction /

maintenance of the proposed road bridge and road link.

5.29 Should the section 106 agreement be signed and agreed, planning permission would be

granted, subject to 19 conditions, including:

• the submission of reserved matters within three years from the date of decision;

• prior to commencement of development, the agreement of a construction

management plan, including the routing of traffic; and

• off-site highway works on Page Lane to be carried out before occupation.



Armitt site, Victoria Street

5.30 On 13th February 2012, Halton Council’s Planning Committee also resolved to grant outline

planning permission for the demolition of all existing structures and the construction a new

non-food retail development (A1 use class) of 2,880 sq m gross external floorspace, with

associated access, parking and servicing at the Armitt site on Victoria Street, Widnes (LPA

ref: 11/00368/OUT).

5.31 The committee resolved to grant planning permission subject to a number of conditions

and a section 106 agreement, which again is to include highway works. In addition, the

application is to be referred to the Secretary of State.

5.32 Taking into account the time involved in negotiating and agreeing the section 106

agreements, the preparation, submission and agreement of reserved matters applications

relating to appearance, landscaping, layout and scale, and the satisfaction of the pre-

commencement / prior to occupation conditions, we do not consider that these site would

be available in the short-term.

5.33 In contrast, the application site is available now and only internal alterations would be

required to convert the unit for the proposed use.

5.34 It should also be noted that the existing jobs from the previous unit in Widnes have been

temporarily relocated to other units, but unfortunately, these jobs can only be safeguarded

within these units in the short term. Therefore, to safeguard these jobs and bring the

employment back to the local area, a new unit is required in Widnes in the near future.

5.35 In addition, both of the above sites are in out-of-centre locations and not sequentially

preferable to the application site.

Conclusions on sequential assessment

5.36 The sequential assessment concludes that there are no available, suitable or viable units

to accommodate the proposed development within the town centre or on the edge of

centre.

Other retail considerations

5.37 Whilst there is no requirement for an impact assessment, it should be noted that there

would be no impact on the town centre. The proposed occupier does not compete with

town centre occupiers. Their main competitors are also located in out of centre locations.

It should also be noted that the previous Topps Tiles unit in Widnes was located to the

edge of the town centre and did not adversely impact on the vitality and viability of the

primary shopping area.



5.38 The need for the development is now not recognised within national policy as a

requirement. However, it should be noted that there are a lack of comparable suppliers

within the vicinity of the application site. As stated above, comparable occupiers are

located out of town.

6. EMPLOYMENT LAND ISSUES

6.1 The first reason for refusal of the earlier application stated that the proposed retail use is

considered unacceptable and contrary to Policy E3 of the Halton UDP.

6.2 Policy E3 states that development falling within use classes B1, B2, B8 and sui generis

industrial uses will be permitted in primarily employment areas.

6.3 The last use of the site and the use which has been present on site for approximately the

last 25 years was a car showroom which is now considered to be a sui generis use. The

lawful use of the site does not therefore comply with Policy E3 of the UDP.

6.4 The proposed change of use of the site from a car sales showroom to storage, distribution

and sale of hard wall and floor finishes and associated products represents a change from

sui-generis to sui-generis. The principle of a sui-generis use at this site has been

established and Topps Tiles would be an equally appropriate employment orientated sui-

generis use at this location. Indeed, it is more employment orientated serving and

supporting the building industry.

6.5 We have already set out in section 2 of this planning statement, that Topps Tiles is a sui

generis use. This conclusion is supported by the council’s own evidence base. The council’s

retail and leisure study (2009) recognises that the former Ashley Retail Park represented

more of a trade park than a retail park selling bulky goods. Topps Tiles is specifically

mentioned as an example to illustrate the nature of the trade park. Consequently, it is

considered that the use of the site would be sui-generis.

6.6 Such a use is considered entirely appropriate within an established

employment/commercial area such as the application site. There would be no loss of

employment land and the application would provide much needed economic development

would comply with Policy E3.

6.7 In terms of emerging policy, the key diagram of the draft core strategy identifies the site

within the South Widnes Key Area of Change where draft policy CS9 seeks a mix of uses.

In both the Widnes Waterfront Masterplan Framework and the Joint Employment Land and

Premises Study, the site is identified as a key development opportunity for B1 office and

trade counter uses. Topps Tiles would be equally appropriate however, like many building



product specialists they differ from the format of trade counter uses as they have a

combined operating format i.e. they do not segregate their storage or showroom area.

6.8 The application is also supported by the NPPF. In the first instance, the NPPF states that

the Government is committed to ensuring that the planning system does everything it can

to support sustainable economic growth. Planning should operate to encourage and not to

act as an impediment to sustainable growth. Therefore significant weight should be placed

on the need for economic growth through the planning system.

6.9 Paragraph 22 of the NPPF confirms that planning policy should avoid the long term

protection of sites allocated for employment use where there is no reasonable prospect of

a site being used for that purpose. In this case, the site has not contributed towards the

supply of employment land for a period in excess of 25 years. The grant of planning

permission for a sui generis employment use would in fact be more in-keeping with the

council’s existing policy and it is contrary to the NPPF to refuse planning permission on the

grounds of loss of employment.

6.10 The change of use of the site represents the re-use of a vacant, previously developed site

for sustainable economic growth. The proposed use of the site is therefore supported by

the NPPF.

6.11 As stated above, the jobs from the previous unit in Widnes have been temporarily

relocated, but to safeguard these jobs and bring the employment back to the local area, a

new unit is required in Widnes. These jobs are therefore an important material

consideration, which would be in line with the NPPF and the strategic and economic aims

of the UDP.

6.12 Investment in the application site would also seek to provide further investment / take up

of vacant sites in the area. It should be noted that new employment units at this location

have recently been built by the landlord close to the application and there has been no

take up to date.



7. SUMMARY AND CONCLUSIONS

7.1 This planning statement and sequential assessment has been prepared on behalf of Multi-

Tile Ltd in support of a planning application for the change of use of unit 1, Teal Business

Park, Dennis Road, Widnes from a car sales showroom to storage, distribution and sale of

hard wall and floor finishes and associated products.

7.2 This planning application is the resubmission of a previous application (LPA ref:

12/00009/COU) for the same proposed change of use on the site, which was refused on

28th February 2012. Whilst this application seeks to address the two previous reasons for

refusal, it should be noted from the outset that we consider the proposed use is a sui

generis use, which would be acceptable in relation to policy E3, which addresses the first

reason for refusal. A sequential assessment has also been included to address the second

reason for refusal.

7.3 Topps Tiles would occupy the site. Topps Tiles is a sui generis operation which is

considered entirely appropriate within an established employment / commercial area such

as the application site and in accordance with the existing UDP policies. Topps Tiles offer

direct employment opportunities within their units and indirect benefits by supporting local

businesses and builders / traders.

7.4 The proposed use of the site would also be in accordance with the emerging policy, which

has identified the site as a key development opportunity for B1 office and trade counter

uses.

7.5 Following the redevelopment of the Ashley Retail Park for the Tesco Extra, there is a need

for Topps Tiles to identify a new site within Widnes as soon as possible. Trade is being

lost. Whilst the jobs from the previous unit in Widnes have been temporarily relocated to

other units, these jobs can only be safeguarded in the short term. Therefore, to safeguard

these jobs and bring the employment back to the local area, a new unit is required in

Widnes in the near future.

7.6 The site is located out of centre, but is well connected to Widnes Town Centre and

therefore pedestrian accessibility to the primary retail area is good. A sequential

assessment has been undertaken, which has revealed that there are no suitable, available

or viable sites either within or on the edge of Widnes Town Centre.

7.7 Given the presumption in favour of development and the Government’s commitment to

promoting sustainable development in accordance with the development plan, it is

respectfully requested that planning permission is granted without delay.



8. APPENDICES

EPP1. Extract of the Widnes Waterfront Masterplan

EPP2. Use class map of Widnes

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