Town centres & retail planning news, June 2018

News

Town centres & retail planning news, July 2018

02 Jul 2018
       
 

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Headline news

 
     

House of Commons debates retail sector

The House of Commons debated the retail sector on 5 June, following a question by Shadow Secretary of State for Business, Energy and Industrial Strategy Rebecca Bailey, which was noted and agreed.
The question included reference to the number of jobs lost in the retail sector this year, noted that the retail sector is one of the largest employers, and stated the need to ensure a fair rates business system. Ms Bailey called on the Government to urgently publish a strategy for the retail sector.
Matters responded to by the Government include:
  • Paul Bloomfield, the Labour MP for Sheffield Central noted that, outside London, the only model for business improvement districts is an occupier or a ratepayer BID, whereas London can have property owner BIDs. He also noted that the Local Government Finance Bill, which was lost in the wash-up included proposals to roll out the opportunity of property owner BIDs across the country, and asked whether the Government have any plans to renew that proposal. The Business Secretary, Greg Clark, acknowledged the benefits of BIDs and said ‘I will raise the point with my colleagues to see where we are on further plans’;
  • The Business Secretary said that the retail sector was a major contributor to the industrial strategy;
  • The Business Secretary said that in the past 20 years output per hour in the retail sector has doubled, thus increasing faster than the economy as a whole, and productivity in UK retailing is one of the highest of major European nations;
  • Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy Andrew Griffiths said the Government is aware of the wider business rates concerns and is looking to address them.
Other matters raised during the debate include:
  • Concerns over the rate at which retail businesses are closing and the impact on local communities;
  • Need for infrastructure investment;
  • Need to improve productivity through skills, as well as improving working conditions;
  • The benefits of reducing the cost and ease of parking;
  • The planning system should evolve to support the changing face of retail;
  • Consideration of allowing local authorities to compulsory purchase disused buildings in order to bring them back into use.

House of Commons debate, Retail Sector

     

 

Quote of the month

 
     
     
     
 
Let us reflect on the recent structural changes in the sector and on the announcements we have had of late. There has been a shift in consumer behaviour, and we need to be aware of that shift. The move towards new technology is a great innovator and it provides great opportunities, but it also provides great challenges […]
We all recognise the importance of retail and the contribution it makes, not just to the UK economy, but to our communities up and down the country, and the people it employs. I reassure the House that we will continue to work with the unions, the retail sector, local government and everyone else concerned to make sure that the retail industry across the UK has a bright future.
Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy Andrew Griffiths, concluding a House of Commons debate on the retail sector, 6 June 2018
 
     
     

 

Inquiry into Childhood obesity calls for tougher stance from LPAs on fast food outlets located near schools

The House of Commons Health Committee has published their report, ‘Childhood obesity: Time for action’, as part of a national inquiry aimed to reduce overall levels of childhood obesity.
The report calls for changes to planning legislation to make it easier for local authorities to curb the amount of unhealthy food outlets, and the inclusion of health as a material consideration in the planning system.

House of Commons Health and Social Care Committee, Childhood Obesity Inquiry

Draft New Towns Act 1981 (Local Authority Oversight) Regulations 2018

Draft regulations were laid in Parliament on 4 June which, if approved by Parliament and brought into force, will make provision for the local oversight of new town development corporations. According to a Government press release the regulations ‘will come into force later this year once approved by Parliament'.
Under the New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (as drafted), the Secretary of State will have the power to appoint one or more local authorities to oversee the development of a selected area as a new town (a ‘locally-led new town’, as introduced by s16 of the Neighbourhood Planning Act 2017).
According to the explanatory note accompanying the draft Regulations, the functions of the Secretary of State under the Act which are to be exercised by the oversight authority instead of the Secretary of State include:
  1. where the oversight authority is the local planning authority for the area, approval of the plans for development of the new town by the new town development corporation;
  2. the appointment of Board members of the new town development corporation;
  3. the approval of land acquisitions or disposals by the new town development corporation; and
  4. consenting to the development corporation’s borrowing.
Only with the consent of the oversight authority will the Secretary of State be able to make an Order to either reduce the size of the area designated for the new town, or dissolve the new town development corporation.
On the same day that the Regulations were laid, the Ministry of Housing, Communities and Local Government (MHCLG) published the Government’s response to a previous consultation, launched in December last year, that sought views on draft Regulations made under s16 of the Neighbourhood Planning Act 2017. As a result of that consultation, additional provisions include (amongst other things) that the oversight authority must have the aim, in overseeing the development of an area as a new town, of planning from the outset for the ‘participation of the community’ and ‘legacy arrangements following the dissolution of the new town development corporation’. The most significant amendment is that HM Treasury consent for borrowing by the new town development corporation in excess of £100 million is no longer required; borrowing is to be agreed between HM Treasury and the oversight authority.

On 29 June, MHCLG published guidance to accompany the draft Regulations setting out ‘how the Government expects the process of setting up a locally-led new town development corporation to work’. As previously announced by the Housing Minister in response to a series of written questions by Priti Patel MP regarding the New Towns, the guidance provides:

  • further details on the mechanisms for ensuring appropriate local authority oversight of locally-led New Town Development Corporations; 
  • details on the involvement of private sector representatives in the governance of locally-led new town development corporations, and participation by local communities;
  • details of the information and preparatory work the Secretary of State for Housing, Communities and Local Government will expect to see from local authorities wishing to designate a new town and create a locally-led new town development corporation, including arrangements for agreeing peak borrowing requirements; and
  • details of the process for designating a new town and establishing a locally-led new town development corporation, as well as information on governance arrangements; stewardship and community engagement; making plans for development and other areas.
In response to Ms Patel’s written questions (asked before the guidance launch) regarding private sector involvement in the governance and decision-making functions of the oversight authority the Minister stated:
‘We consider the private sector to be a crucial partner in the delivery of new settlements, including any new towns that may be created using the New Towns Act 1981 (Local Authority Oversight) Regulations 2018. As part of process to designate a new town and create a locally-led new town development corporation, applying local authorities will need to provide a sustainable financial strategy to Government, including setting out how they will leverage in private sector investment. This will be considered by the Secretary of State when deciding whether designation of the new town is expedient in the national interest.'
And in response to a question regarding accountability the Minister replied:
‘We are clear that a locally-led New Town Development Corporation will only be created where this has the express support of and is requested by all the local authorities, including in two tier areas the county council, covering the area to be designated for the new town. Any body created through these Regulations will be overseen by an oversight authority comprised of one or more local authorities appointed by the Secretary of State to oversee the development of the new town'.

MHCLG, New powers for councils to deliver homes for local families         The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (draft) Parliament, Written questions asked by Priti Patel MP of the Ministry of Housing, Communities and Local Government regarding New Towns, June 2018 

MHCLG, Guidance on the New Towns Act 1981 (Local Authority Oversight) Regulations 2018

Government launches independent review into planning appeal inquiries

The terms of reference for the 'end-to-end review' of the planning appeal process announced by the previous Housing Secretary at the launch of the draft revised NPPF in March have been published.
The aim of the review is:
'To review the use and operation of the planning appeal inquiries procedure to make it quicker and better'.
It will focus on rules and processes surrounding inquiries, particularly those for major housing schemes, and will also examine whether specific or general efficiencies in inquiries procedures could have wider benefits for the timing and handling of other appeals processes.
The Review will be chaired by economist Bridget Rosewell and will report to the Housing Secretary by the end of 2018.
This is the second review of the appeal system in six years. In 2012 the Government undertook a ‘Technical review of planning appeal procedures consultation’ which aimed to:
'a) Make the process faster and more transparent, and
b) Improve consistency and increase certainty of decision timescales.'

An outcome of that consultation was the requirement to submit a full statement of case when an appeal is submitted.

MHCLG, Planning appeal inquiries review: terms of referenceDepartment for Communities and Local Government, Technical review of planning appeal procedures: Consultation

Great British High Street Awards 2018

Entries may now be submitted for the Great British High Street Awards 2018, which run by the Ministry of Housing, Communities and Local Government, and sponsored by Visa. The event was last held in 2016 when the overall winner was Blackburn, in recognition of the determination of the community and local businesses who worked together to overcome the challenges their high street was facing.
According to the Government’s press release:
‘The 26 shortlisted entries in the Champion High Street category and 12 Rising Stars will be announced in October. They will then go through to a public vote and be visited by a judging panel made up of industry leaders from across retail, property and business.
Britain’s best high street will be announced in November, with the winner receiving a £10,000 cash prize for a local community project. Winners from each of the remaining nations will receive a £5,000 contribution to a street party or community project’.
 

MHCLG press release, Launch of Great British High Street competition 2018

 
     

 

The Lichfields perspective

 
     
     
     
 
The significant delays experienced for all types of planning appeal, and variations in the length of those delays depending on Inspector availability, mean that the review of the planning inquiry process is to be welcomed.  However, in light of a review of the process carried out only six years ago, very innovative changes will need to be recommended if the time taken to determine an appeal is to be reduced without also improving resources.
Peter Wilks, Senior Director
 
     
     

 

Disclaimer: This publication has been written in general terms and cannot be relied on to cover specific situations. We recommend that you obtain professional advice before acting or refraining from acting on any of the contents of this publication. Lichfields accepts no duty of care or liability for any loss occasioned to any person acting or refraining from acting as a result of any material in this publication. Lichfields is the trading name of Nathaniel Lichfield & Partners Limited. Registered in England, no.2778116