Westgate Retail Park

Planning our future built world

Westgate Retail Park

  • Location

    Gloucester

  • Sectors

    Retail & Town Centres, Retail & Public Sector

  • Features

    Retail Unit Successfully Unlocked Dealing with Legacy conditions. Use Classes Order - Class E

  • Challenges

    Availability of existing retail and non-retail floorspace. Bringing a vacant unit back to economic life.

Overview

Permission secured for variation of a restrictive retail condition, using the new Class E (of the Use Classes Order).

Historically, retail (Use Class A) development was heavily regulated in terms of where it could be sited, relative to the City Centre and associated district centres.

Outside of such locations, planning conditions have been frequently imposed to control the sale of goods from such locations, so that they don’t compete with established City and District Centres.

Recent Use Class Order changes and the introduction of Class E has created significant opportunities for retail development to be provided in locations unrestrained by retail planning policy.

This all sounds great except it leaves commercial landlords holding retail property in a difficult position. Many are limited by legacy conditions from a different time in planning which reduces the attractiveness of their properties, especially when faced with the freedom offered by Class E.

We have been successful in helping one such landlord out.

McLoughlin Planning has secured planning permission for the variation of a retail condition on a 2000 sq.ft. retail unit on the edge of the City Centre.

The unit benefitted from planning permission for retail uses, although with a restrictive policy that determined what goods could be sold from the premises. It expressly prevented the sale of food from the unit. This condition still applies despite the recent changes to the Use Classes Order.

In securing a variation of the retail condition to allow for food sales, we reviewed the availability of existing retail and non-retail floorspace in the City to prove that there was no other available locations as well as establishing a reasoned case that Class E allowed for development anywhere in the City.

This allowed a vacant unit to be brought back into a positive retail use. It will re-open as a small foodstore, making best use of an existing edge of centre site, promoting economic activity and avoiding a vacant retail unit becoming a problem.

Projects

PiP application approved, in the London Borough of Lewisham

McLoughlin Planning are pleased to have helped secure Permission in Principle for up to 6 residential flats in the London Borough of Lewisham. This is the first Permission in Principle application determined, and approved, by this London Borough.

The landowner approached us to help find opportunities to holistically enhance and expand an existing mixed-use commercial and residential property to provide additional apartments. Through our initial planning research, we found evidence of neighbouring regeneration taking place and upward extensions permitted on other corner plot properties within the Borough offering comfort that such a proposal could be supported. However, because of site specific planning constraints (such as a nearby listed building) and the Council’s lengthy planning validation requirements for a project of this nature, the landowner wanted some reassurances from the Council that in principle the proposed development could be supported before investing in the work required for a full planning application.

Permission in Principle applications (PiPs) are a useful planning tool for landowners seeking to initially secure an “in principle” agreement with a Council on their proposed development. The application type considers only the location, land use and amount of development. PiP’s are limited to up to 9 residential units and therefore are suited for smaller rural development proposals or intensification or smaller brownfield developments in urban areas.

Following submission, as this was the first PiP in the London Borough of Lewisham, McLoughlin Planning worked closely with the Council to help ensure the Permission in Principle application was being determined correctly and to assist with providing additional information and reassurances (where required). Working with a proactive case officer, we are pleased to have successfully provided the landowner with the required comfort for a new sustainable development, and a new local case study on the benefits of Permission in Principle for property owners within the Capital.

📞 If you would like a FREE initial consultation call, then please get in touch!

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Planning Success for a New Dwelling in Stow-on-the-Wold Town Centre

We are delighted to confirm that McLoughlin Planning was instrumental in obtaining planning permission for the change of use of a Bed & Breakfast (Use Class C1) into a new dwelling (Use Class C3).    

Securing a residential use in a town centre location 

The proposed change of use raised a number of key planning considerations which had to be carefully navigated, as the 18th century property is situated in a Conservation Area and within the Cotswold National Landscape.   

But the main planning issue was related to the Principle of Development, given the property’s location in Stow’s defined town centre. This area is zoned for commercial uses, meaning new residential development is not usually supported. Despite this constraint, McLoughlin Planning was able to persuade Cotswold District Council that in this case, a residential use in the town centre was appropriate.  

Our pragmatic approach, nuanced analysis of policy and site context, and the presentation of a strong fall-back position secured the planning approval for this change of use and the further evolution of this historic building, which will now become a family home.  

Moving towards a mixed-use High Street? 

Councils tend to have policies prohibiting new dwellings in town centre locations, mainly to ensure the ‘vitality and viability’ of the High Street is maintained. However, applications like this demonstrate it is possible to obtain permission for a dwelling in commercial centres. As our High Streets evolve, there is increasing recognition that the introduction of modest amounts of residential uses within town centres can contribute to, rather than diminish, the activity in town centres.  

How we can help 

Do you own or are you interested in purchasing commercial property in a town centre with a view to changing its use to residential? If so, then please contact us through either our “Arrange a Call” tab on our contact page or via the email and telephone number provided below. 

Joe Seymour – Associate Director 

E: joe.seymour@mplanning.co.uk 

T: 01242895008 

Image source: Knight Frank Estate Agency

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I'm a listed building owner, at what point do I require consent?

According to Historic England, there are approximately 500,000 listed buildings on the National Heritage List for England (NHLE), varying from Grade I, II, II* listed buildings marking their contribution to special architectural and heritage interests and to protect these assets for future generations. Those who own a listed building and intend to undertake repairs, restorations, alterations, or extensions to their property may likely require either planning permission or listed building consent (possibly both!).

The challenge with determining whether you need Listed Building Consent is that often even works which may be considered “simple” may require consent. It is often a fact and degree assessment, considering the level, scale or intensity of the work proposed. If you undertake works to a listed building, where consent is required, it is a criminal offence, and the Council could take Enforcement Action.

This uncertainty can often prove challenging when trying to retrofit and improve the energy efficiency of listed buildings (EPC rating) to provide a more sustainable home or business. For example, installing an EV charging point, replacing, or adding secondary glazing or installing an air source heat pump/solar panel often require Listed Building Consent and/or Planning Permission. As Listed Building Consent applications can take approximately 8 weeks to be determined from validation as well, ensuring you capture all works within your application is important to help avoid delays to your project.

Seeking expert advice can help in determining before work commences whether Planning or Listed Building Consent is required. Working in partnership with experienced heritage consultants and architects, we have helped guide and support owners in securing their retrofit aspirations. Some examples to illustrate our recent experience working with listed buildings include:

  • Consent for an EV Charging Point to a Grade II Listed Manor in the Cotswolds with Cotswold District Council.
  • Replacement Windows and other Internal/External Alterations and Upgrades on a Grade II listed Hotel adjoining Hyde Park with Westminster City Council.
  • Retrospective Listed Building Consent for the installation of Windows, Doors, and Internal Appliances in a Grade II listed home with Cheltenham Borough Council.
  • Alterations to Shopfront on a Grade II* listed shop on Cheltenham’s Promenade with Cheltenham Borough Council.
  • Replacing Roof Tiles on a High Street Store in Wooten under Edge with Stroud District Council.
  • Providing a Planning Appraisal and Advice for the holistic enhancement of a Grade I Listed Manor in the Southwest of England.

 

If you are considering works to your listed property and are not sure whether you may require planning or listed building consent, then please get in touch with one of our experienced planning consultants for an initial FREE consultation.

T: 01242895008

E: info@mplanning.co.uk

Alternatively, you can book a meeting via the “book an appointment” contact form on our website.

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First Permission in Principle in the London Borough of Sutton Secured for 9 Flats

McLoughlin Planning is pleased to have helped a property owner secure Permission in Principle (PiP) with the London Borough of Sutton for an upward extension (airspace) development for 9 new flats. This is the first approved Permission in Principle granted by this London Borough.

Due to the significant number of reports and plans required through validation for full planning permissions, we have been approached by SME developers to find a means of managing development risk and to ensure the principle of their aspirations is something which can be agreed with the Council before investing in the technical work required. This is particularly applicable to constrained inner-city urban development sites where upward extensions for airspace development can be met with resistance.

Following previous success in London in using Permission in Principle, we worked with the landowner to develop a scheme which could be presented through a PiP to secure the principle of airspace development for the property. As this application type considers only the location, land use and amount of development, the level of supporting information is a fraction of a full planning permission. Whilst it does not remove the considerations and risks of subsequent technical considerations, it does provide an opportunity to agree with the Council whether the amount (i.e. number of residential flats) and location of the airspace development is acceptable. As PiP’s are limited to up to 9 residential units, this type of proposal is ideally suited for smaller development proposals in urban areas.

Following submission, McLoughlin Planning worked closely with the Council and case officer to ensure the proposal was being determined correctly and to agree with the officer on the appropriate amount of development which would be realistic to approve for further technical consent.

We are so pleased to have helped provide the landowner with reassurance through the PiP of their property’s development potential and to secure another first with a London Borough.

📞 If you would like a FREE initial consultation call to explore whether your property could benefit from PiP, then please get in touch!

 

Chris Moore,

chris.moore@mplanning.co.uk

01242 895008

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Get in touch

If you are interested in finding out how we can help you please get in touch

Contact us Arrange a call