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Rugby Borough Council

Rugby Borough Development Plan


Adopted Local Plan - July 2006 - Written Statement - Chapter 9


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TOWN CENTRE, RETAIL & COMMUNITY SERVICES

9.1 The Council commissioned consultants, CB Hillier Parker to undertake a retail study in 2003, for Rugby to inform the Local Plan Review.

9.2 The report identified sufficient expenditure to support one substantial new foodstore in the period to 2011. This capacity arises from reduction in sales in the existing out-of-centre stores to relieve current overtrading, together with growth in population and per capita retail expenditure. Redevelopment of the Chapel Street site would meet this identified need and would also comply with the sequential approach.

9.3 The CB Hillier Parker report forecasts that there will be no capacity for any new foodstore other than as part of the Chapel Street redevelopment in the town or any additional out-of-centre retail warehouse floorspace before late in the period 2006 – 2011 at the earliest.

9.4 There is also no qualitative need for general retail warehouse development in view of the recent construction of Junction One Retail Park.

Town centre strategy

9.5 The Local Plan divides the town centre of Rugby into three distinct zones, the town centre, within which all appropriate town centre uses will be encouraged to locate, the town centre shopping area, within which all major retail development should be focused and the primary shopping area, within which only A1 retail developments will be permitted.

9.6 This approach is intended to reflect the fact that the town centre itself covers a relatively large area and whilst this would be an appropriate location for leisure, entertainment and office uses for example, it would be more appropriate to locate retail developments to the core of the town centre. The defined town centre shopping area is thus the core of the town centre and is regarded as the most appropriate location for retail developments. The primary shopping area is a tightly defined area within which it is desirable to retain A1 uses.

Policy TCR1 – The primary shopping area

Proposals for development, redevelopment or change of use in the primary shopping area of Rugby, as defined on the proposals map, will only be permitted where the proposed ground floor use is to be exclusively for retail (use class A1) use.

Principal cross references: TCR2, TCR5

Explanation

9.7 It is considered that the defined shopping and town centres of Rugby are large enough to accommodate a more flexible range of retail and other town centre uses, without the need to define a secondary frontage.

9.8 It is essential however that retail (A1) uses remain concentrated in the vicinity of the central area of the town, which in turn will assist the vitality and viability of the town centre as a whole. If unregulated, there is a risk that the introduction of other town centre uses at ground level will reduce the potential and therefore weaken the attraction of Rugby as a retail centre.

Policy TCR2 – Town centre shopping area uses

Within the town centre shopping area, as defined on the proposals map, retail developments (use class A1 – A5) will be permitted. In addition, town centre uses, defined in Policy TCR3 will be permitted.

Proposals for retail developments outside the town centre shopping area as defined on the proposals map and not specifically permitted by other policies of this Local Plan, will only be permitted where the proposal satisfies the following criteria:

1. The developer can demonstrate there is a need for the development that cannot be met from suitable alternative sites or buildings within the town centre shopping area; and
2. The proposal is within an edge of town centre shopping area location; and
3. The proposal would be capable of being made genuinely accessible by a choice of means of transport as well as by car. The development should be easily and safely accessible by pedestrians, cyclists, those with impaired mobility and those using public transport.

Consideration will be given to proposals for retail development out of town centre shopping area locations which are not permitted by other policies of this plan provided the developer can demonstrate that there is a need for the development and that there are no suitable sites or buildings available within or on the edge of the town centre shopping area. All proposals will also be subject to criterion 3 above.

Principal cross references: TCR1, TCR3, TCR4, TCR5, TCR6, TCR7, LR5-8, LR10, A1, A2

Explanation

9.9 Rugby town centre should be sustained and enhanced and it is the preferred location for developments that attract many trips, especially retail development. The availability and accessibility of a wide range of shops, services and facilities is essential.

9.10 Focusing development within the core of Rugby town centre will make it easier to provide higher standards of public transport, enable one car journey to serve several purposes and consequently help to reduce the number and length of car journeys.

9.11 In relation to retail developments, the town centre shopping area is defined on the proposals map and covers a more limited area than the broader town centre. Retail developments should be focused in the core of the town centre and therefore the town centre shopping area is considered to be the most appropriate location for new retail developments.

9.12 The retail strategy of this plan depends on growth in retail capacity being accommodated ostensibly within Rugby town centre shopping area. Proposals that would undermine this strategy, for example by prejudicing future investment in the town centre, will consequently be refused.

9.13 Policy TCR2 sets out a series of criteria which must be met by proposals outside the town centre shopping area, to ensure that the retail strategy of the plan is not undermined. An assessment of need must take into account the findings of the Rugby Retail Study (2003), prepared by CB Hillier Parker and any subsequent updates.

9.14 Almost all types of goods can be sold from the town centre shopping area, where people can shop for a wide range of items in a location accessible by a choice of means of transport and where linked trips are possible. The Council will therefore take a ‘class of goods’ approach to assessing all retail proposals by considering whether the goods can be sold from a centre, not whether a particular format can be physically accommodated within the centre. CB Hillier Parker’s study found that there is unlikely to be capacity to support any further retail warehouses in the Borough within the plan period.

Policy TCR3 – Town centre uses

Within rugby town centre, as defined on the proposals map, uses within the Use Classes B1, C1, C2, C3, D1 and D2 of the TCPA Use Classes Order 2006 will be permitted.

Proposals for these uses outside the defined town centre will only be permitted where specifically permitted by other policies in this plan, or where they comply with the following criteria:

1. The developer can demonstrate there is a need for the development that cannot be met from suitable alternative sites or buildings within the town centre; and
2. The proposal is within an edge of town centre location; and
3. The proposal would be capable of being made genuinely accessible by a choice of means of transport as well as by car. The development should be easily and safely accessible by pedestrians, cyclists, those with impaired mobility and those using public transport.

Consideration will be given to proposals for retail development out of town centre shopping area locations which are not permitted by other policies of this plan provided the developer can demonstrate that there is a need for the development and that there are no suitable sites or buildings available within or on the edge of the town centre shopping area. All proposals will also be subject to criterion 3 above.

Principal cross references: TCR2, TCR4, TCR5, TCR7, LR6, LR7, LR8, LR10, A1, A2

Explanation

9.15 The town centre covers a wider area than the town centre shopping area. The town centre provides a broad range of facilities and services and acts as a focus for both the community and public transport. Therefore, it is important that retail developments are directed to the core of the town centre and that other ‘town centre uses’ are located within the wider town centre.

9.16 Locating other town centre uses outside the main shopping area has the potential to improve the vitality and viability of the shopping environment in Rugby whilst also locating developments which have the potential to generate a large number of trips in generally accessible locations.

9.17 Therefore a sequential approach to locating these other town centre uses will also be applied. However, the sequentially preferred locations will relate to the wider town centre. In particular there is a significant amount of unused floorspace on upper floors in the main shopping streets of the town centre. The Council encourages the use of these vacant upper storeys, both to enhance the vitality of the street scene and also to increase investment in the existing building stock.

Policy TCR4 – Chapel Street redevelopment

Planning permission will be granted for retail development of the Chapel Street area as defined on the proposals map provided:

1. The proposals would involve the comprehensive redevelopment of the land within the policy area; and
2. The proposals would provide for approximately 3,000sqm net of convenience goods shopping floorspace and approximately 5,000sqm net of comparison goods shopping floorspace.

Principal cross references: TCR1, TCR2, TCR3, TCR5, TCR6, TCR9, TCR10

Explanation

9.18 The Rugby Retail study identified a need for additional retail development in Rugby in the period to 2011. It also considered that this need would most appropriately be met through a redevelopment of the Chapel Street area, as defined on the proposals map.

9.19 The site provides a significant opportunity for additional and improved shopping facilities to be developed in the Rugby area. It is important that any development complements the existing facilities in the town centre and does not have an adverse affect on the vitality and viability of the town centre. It is important therefore that no more retail floorspace than the Rugby Retail study identifies as a need is provided as part of the redevelopment of this area.

9.20 The development should provide for the separation of vehicles from pedestrians so providing a pleasant, safe, traffic free environment for pedestrians that is fully integrated with surrounding shopping frontages. This can only realistically be achieved if the development is planned on a comprehensive basis.

9.21 The existing public car parking capacity should be maintained. Access to the parking areas should be either via the existing Rugby Centre multi-storey car park access ramps or from Little Elborow Street in a position which will avoid traffic queuing on Corporation Street.

Policy TCR5 – Town centre gateway

Any development or redevelopment proposals which would have impact on Corporation Street and surrounding areas in Rugby town centre, as shown on the Proposals Map, should:

1. reflect the scale and character of the buildings in the town centre; and
2. ensure good visual links to existing buildings and focal points of note.

Principal cross references: TCR2, TCR3, TCR4, TCR6, TCR9, TCR10

Explanation

9.22 Corporation Street is a high profile, heavily used route through Rugby which separates the commercial area of the town centre to the east from some commercial frontages and housing areas to the west. Presently, parts of the street create a poor impression because of the poor environmental condition of some of the land and appearance of some buildings.

9.23 Therefore the Council will seek to ensure the enhancement of the environmental quality and character of this important gateway to the town centre through the consideration of development proposals.

Policy TCR6 – Food and drink uses in the town centre shopping area

Within the existing rugby town centre shopping area, as defined on the proposals map, the development of, or change of use to, drinking establishments (Use Class A4) or hot food takeaways (Use Class A5), will only be permitted provided that:

1. The proposal would not result in a continuous ground floor frontage or an otherwise unacceptable concentration of A4 and/or A5 uses; and
2. The proposal would not either individually or cumulatively have an adverse effect on the living conditions of nearby residents from noise and disturbance or smells and odours.

Principal cross references: TCR1, TCR2, TCR4, TCR5

Explanation

9.24 Pubs and hot food takeaways (A4 and A5 uses) contribute to the range of facilities offered to Rugby residents and particularly contribute towards the visitor facilities of the Borough. However, sometimes an accumulation or concentration of such uses can cause problems. Besides weakening the retail offer and shopping character of a centre, the cumulative effect of a concentration of A4 and A5 uses can create problems for local amenity, traffic and parking. Therefore the Council is seeking to prevent concentrations of A4 and A5 uses. A continuous frontage of A4 and A5 uses within the town centre will normally be resisted. For the purposes of Policy TCR6, a proposal which would add to a continuous A4 and A5 frontage of 3 or more units will generally be considered an over concentration and would be in conflict with the Policy.

9.25 It is considered that such uses should be seen as ancillary to the main function of the town centre, namely, retailing. In order to prevent a proliferation or concentration of such uses, an assessment of the cumulative impact and any potential concentration of such uses will be undertaken.

9.26 The Council has decided to impose a restriction on street level frontage as it is considered the types of uses within the A4 and A5 use class that predominate at street level are likely to be the uses which would cumulatively affect the vitality and viability of the town centre.

Policy TCR7 – Local shops and community services in urban and rural areas

The development of new shops and services to meet the needs of local communities will be permitted provided that the following criteria are met:

1. They are located within settlements and are close to existing residential areas or are developed as an integral part of a planned new development; and
2. They are readily accessible by a choice of means of transport, including by foot and cycle; and
3. The nature and the scale of the development would be commensurate with its function to provide facilities for the local resident population; and
4. The development would not adversely affect the vitality and viability of any existing or planned retail centre.

Proposals for new drinking establishments (use class A4) or hot food takeaway (use class A5) developments will only be permitted where they would be located within existing groups of shops and the proportion of such uses would not exceed 50% of the total uses within that group.

Proposals for retail development in the countryside will not be permitted.

Principal cross references: ED7, ED11, TCR1, TCR2, TCR3, LR8, LR10

Explanation

9.27 Proposals for additional shops and services will be acceptable provided they are primarily to serve the needs of the local population and are at a scale appropriate to that purpose. Therefore the main function of such facilities should be to meet the needs for the local population rather than to attract large numbers of people from a wider area.

9.28 It will of course be necessary for each case to be assessed on its merits, however Policy TCR7 will not necessarily just apply to small scale retail proposals, the type of retailing proposed will also be an important consideration. For example, a proposal for a small scale retail development which was clearly aimed at providing a general retail provision, by virtue of its size of function, rather than meeting a local need will be subject to Policy TCR2.

9.29 Retail developments in the countryside are inappropriate and will not be permitted. Farm diversification schemes in the countryside involving small scale retail developments that would be ancillary to the main function of the farm and would sell produce originating from the farm, would otherwise accord with Policy ED11, and would not adversely affect the vitality and viability of any existing or planned retail centre will be treated as exceptions to this.

Policy TCR8 – Retention of local shops and community services in urban and rural areas

Outside Rugby town centre, as defined on the proposals map, proposals for development, redevelopment or change of use involving the loss of an existing shop and/or community service will only be permitted where the applicant can demonstrate that the facility is no longer viable, no longer serves the needs of the community and there is no scope for an alternative community use for the property.

Principal cross references: TCR2, TCR3, TCR5

Explanation

9.30 Many facilities contribute to the general character of an area and provide services for local residents and tourists alike. Public houses, coffee shops, post offices, general stores, village halls and other entertainment/community facilities are services which enhance the vitality of towns and villages. Loss of these facilities results in the loss of service to the community and this can affect the viability of other local services.

9.31 It is therefore desirable to retain such ‘social’ facilities. Public houses in particular are an important tourist as well as local community facility. The buildings themselves can also be of special character and/or of historic interest and are valued in rural areas as well as in towns and villages.

9.32 In the rural area, where an application is submitted for development which would affect the provision of the facility, the views of the Parish Council will be particularly important in helping to gauge the community value of the existing facility and its future potential.

9.33 Where the current profitability of the facility is a reason for the change, the applicant will be required to provide an independent report to the Council as evidence that the service is no longer viable. The current profitability of the facility will not, however, be considered a sufficient reason in itself to merit its loss as it is possible that the future potential of the premises could be made more viable and thus save the facility.

9.34 The Council must also be satisfied that there is no other interested party prepared to re-open the facility or that there is no scope for an alternative community use. The applicant will therefore be expected to demonstrate that the premises has been marketed for a minimum period of 12 months, before the Council will consider a change of use and the valuation attributed to the property should properly reflect its current use.

Policy TCR9 – Shop fronts

Planning permission for any new, replacement or altered shop front will only be granted if:

1. The design would be sympathetic in size, proportion, materials and architectural detailing to the building to which it would be fitted; and
2. It would not detract from the character or appearance of the street as a whole; and
3. Any advertising material is incorporated as an integral part of the design.

Proposals for the installation of security shutters will be granted where the Council is satisfied that the property’s security problem cannot be addressed by alternative measures. Where permitted, shutters should be designed to a high standard, taking account of the design features of the frontage into which it would be installed.

Principal cross references: TCR2, TCR3, TCR4, TCR5

Explanation

9.35 Shop fronts can make a substantial and positive contribution to the visual interest of an area if sympathetically designed, but a degree of control is required if the character of buildings or the overall appearance of a street is not to be destroyed by poor design. Open shop fronts can create visually unacceptable voids and proposals for their development will generally be resisted. Particular care is necessary in the design of shop fronts in conservation areas and on listed buildings, or where the shop front would adjoin buildings of very different design. Signs or advertisements on shop fronts should be located within the fascia. Projecting signs should be kept to one per building and to a size compatible with traditional scale.

9.36 Many security shutters (especially if solid) can be visually unattractive and create a ‘dead,’ hostile appearance, which can reduce natural surveillance and thereby encourage other crime. This can also affect the commercial viability of an area. There are other means of improving the security of shop fronts, such as the use of laminated glass, improved lighting, internal security grilles or CCTV, that have a less detrimental impact.

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