Southend-on-Sea City Local Plan

Policy S1 - New Shopping Developments - Saved

Retail development will normally be concentrated in the City's existing shopping centres, which will be maintained and enhanced in order to ensure their continued vitality and attractiveness to shoppers. Such development may be exceptionally be permitted elsewhere within the built-up area of the town*1 to allow for new forms of retailing, in particular large modern retail stores which are not appropriate to or cannot satisfactorily be accommodated within existing centres.

All proposals for retail development (including extensions to existing premises and changes of use) will be required to satisfy the following criteria:

• they should not, either individually or cumulatively with other recent or proposed developments, materially affect the vitality and viability of any defined*² shopping centre as a whole;
• they should not materially prejudice the provision of other major land use needs in the City, particularly the supply of land for open space and employment. Proposals should be considered against the provisions of Policies C15 and E4;
• they should be accessible to both car borne shoppers and those using public transport;
• they should not give rise to serious problems of access, road safety or traffic congestion;
• they should provide adequate car parking and servicing arrangements, and the City Council will have regard in particular to Policies T11 and T12 in assessing this; and
• they should not materially harm the visual character of the area of the amenities of adjoining land uses, in accordance with Policies C11 and E5.

*1 See Appendix 9 - Definition of Terms Used

*² 'Defined Shopping Centres' include only the following centres (defined more precisely on the Proposals Map) - Southend Town Centre, Westcliff (Hamlet Court Road), Leigh (Broadway), Eastwood (Western Approaches) and North Shoebury.

Policy Cross References : C11 New Buildings, Extensions and Alterations, C15 Retention of Open Spaces, E4 Industry and Warehousing, E5 Non-Residential Uses Located Close to Housing, T11 Parking Standards and T12 Servicing Facilities.

Policy S2 - Southend Town Centre - Not Saved

The City Council will seek to secure the provision of additional floorspace devoted to the sale of both comparison and convenience goods in the town centre in accordance with the considerations set out in Policy S1.

In order to safeguard and improve the environment of housing areas adjoining the Central Business District, in accordance with Policy H12, and to promote the comprehensive development of currently under-used sites within the town centre, such provision will normally be directed to Proposal Sites P5a, P5b, P5c and P5d identified on the Proposals Map as suitable for retail use and to the redevelopment or conversion of premises located in existing shopping frontages. In addition, permission may be granted for additional retail floorspace on Proposal Site P9k in association with replacement public parking.

All additional floorspace in the town centre will be required to provide modern attractive facilities in a high standard of shopper environment, including wherever appropriate the provision of enclosed, climate-controlled shopping.

Policy Cross References : H12 Environmental Improvement of Residential Areas, S1 New Shopping Developments, Proposals P5a (Former Municipal College Site, London Road), P5b (Warrior Square and Whitegate Road), P5c (Tylers Avenue and York Road) and P5d (Alexandra Street, High Street and Market Place), and Proposal P9k (Seaway Car Park).

Policy S3 - Large Shopping Developments - Not Saved

Any planning permission granted for retail development having a net (sales) floorspace in excess of 500 square metres will normally be restricted by a condition prohibiting the use of the premises for the sale of convenience goods. The City Council may also seek a legal agreement restricting the type of goods sold before granting permission.

Policy S4 - Retail Markets - Not Saved

The City Council will promote the establishment of a permanently based retail market within the Central Business District of Southend Town Centre. Applications for such development elsewhere will be considered on their individual merits, having regard to Policy S1.

Policy Cross Reference : S1 New Shopping Developments.

Policy S5 - Non-Retail Uses - Saved

Primary Shopping Frontages (as defined on the Proposals Map)

The City Council recognises the contribution which certain non-retail uses can make to the attraction of shopping centres. However, in order to safeguard Primary Shopping Frontages from undue interruption to their principal function of retailing goods and to maintain their character and vitality, permission will normally only be granted where:

• the proposed use is appropriate to a Primary Shopping Area and falls within Classes A2 or A3 of the Town and Country Planning (Use Classes) Order 1987*;
• non-retail uses remain dispersed throughout the shopping centre and no concentration of such uses would occur in any part of it;
• the dominant retail element and continuity of shopping frontages with varied and changing window displays are maintained throughout all parts of the centre;
• other shops would not be isolated from the bulk of the shopping frontage or from the main pedestrian flows.

In assessing whether these criteria are satisfied, the Council will have regard to the type of shopping centre, the location of the premises within the centre, the number of non-retail units in the vicinity and in the centre as a whole, the proportion of frontage occupied by them and the known views of shoppers and traders in the centre.

Permission will not normally be granted where proposals would result in:

• more than two single non-retail units (or equivalent) being located immediately adjacent to each other; or
• the proportion of frontage (measured in terms of length of frontage) remaining in retail use falling below 80% within either the individual street block of the centre as a whole; or
• residential amenities being adversely affected by way of noise, disturbance or the emission of smells and fumes.

Where, however, a proposed use falls within Class A3 and is likely to sustain or increase the activity, interest and attractiveness of a shopping area, the Council may consider relaxing the limits set out in (I) and (ii) above, subject to a condition prohibiting a change to Class A2 use.

Proposals for non-retail uses involving the redevelopment of premises already containing such uses will normally be acceptable, but any increase in non-retail frontage resulting from redevelopment will be considered against the above criteria and considerations.

Secondary Shopping Frontages (as defined on the Proposals Map)

Subject to the provisions of Policy S9 there will generally be no discrimination between shops and non-retail uses falling within Classes A2 or A3 of the Use Classes Order, except where this would be likely to isolate other shops from the bulk of the shopping frontage or from the main pedestrian flows, would adversely affect residential amenities by way of noise, disturbance or the emission of smells and fumes, or in cases of small local parades or individual units performing an essential retail function for the local community. Other uses will be considered on their individual merits.

Other Shopping Frontages

In the case of isolated shopping frontages not identified on the Proposals Map, proposals involving the loss of retail uses will be considered on their individual merits. Where the existing use is providing for the shopping needs of the local community its loss will not normally be permitted.

General (All Categories)

• All uses permitted will be required to retain a shop front with a shop window containing a display or otherwise treated to the satisfaction of the City Council.
• Conditions may also be imposed prohibiting a change to a particular use or uses within the same Use Class or permitted by the General Development Order 1988 where this is considered necessary to prevent serious adverse effects on the environment or on amenity.
• Permissions for development falling within Class A3 of the Use Classes Order 1987 will also be subject to a condition requiring the installation of extraction equipment to the satisfaction of the City Council. Such uses are regarded as being appropriate only within established shopping areas, and applications for such uses elsewhere will normally be refused in order to safeguard residential amenities.
• Amusement centres and arcades will not normally be permitted in any shopping area and will be required to locate within the Central Seafront Area.

* Class A2 and A3 uses, together with the term 'street block' are defined in Appendix 9.

Note: With regard to Class A2 and A3 uses, in assessing whether a proposed use meets the definition in the policy, the City Council will have regard to the degree of 'walk in' service provided to visiting members of the public and the contribution made by the elevational treatment to the character of the shopping centre and the continuity of shopping frontage. Only those uses providing a substantial element of direct service to the general public justifying a shopping street location will be permitted. Uses such as accountants' and solicitors' offices will not normally be regarded as acceptable.

Policy S6 - Fringe Commercial Areas - Not Saved

Commercial development proposals at ground floor level within Fringe Commercial Areas, as delineated on the Proposals Map, will normally be permitted, and may also be considered appropriate above ground floor level, except where this would result in an unacceptable impact on or loss of residential amenities and subject to the provision of appropriate car parking and servicing facilities and the requirements of Policies H4, E5 and S7 (see also Policies H2 and E3).

Policy Cross References : H2 (Future Housing Needs), H4 Preservation of Residential Uses, E3 Secondary Offices, E5 Non-Residential Uses Located Close to Housing, and S7 Car Sales and Showrooms.

Policy S7 - Car Sales And Showrooms - Saved

Car showrooms will normally be permitted only within areas shown as Fringe Commercial Areas on the Proposals Map where the Council is satisfied that:

• adequate space is available for the display and sale of vehicles, their separate storage and preparation, and the parking of customers' vehicles. In the light of this, the use of single shop units or their equivalent as car showrooms will not normally be permitted;
• the proposal would not be harmful to the street scene and local environmental conditions through the creation of an undue concentration of such uses or through its visual impact;
• adequate separation and screening from neighbouring development is provided, particularly with regard to rear yards and preparation areas, where a minimum 2 metre high wall or fence will normally be required. The use of return frontages for the storage, preparation or display of vehicles will not normally be permitted.

Applications for such development will not be permitted within Primary or Secondary Shopping Frontages or the Central Business District.

Permission will not normally be granted for new or extended open sales areas (see also Policy C18).

Policy Cross Reference : C19 Open Sites Used for Commercial Purposes.

Policy S8 - Improvements to Primary Shopping Frontages - Saved

The City Council will actively explore the opportunities for improving the quality of shopping environment in the town's Primary Shopping Frontages which would be provided by:

• extending existing pedestrian areas within the town centre to provide a continuous traffic free precinct as indicated on the Proposals Map (see Proposals P5a, P9a, P9b and P9f);
• roofing over appropriate parts of the High Street and the refurbishment and enclosure of the Victoria Circus Shopping Centre;
• providing increased car parking and reduced conflict between pedestrians and vehicles in the following centres: Southend Town Centre; Hamlet Court Road, Westcliff; Broadway, Leigh (including related parts of Elm Road and Rectory Grove); West Road, Shoebury; Thorpe Bay Broadway;
• co-ordinating the design and location of new pedestrian facilities; and
• providing additional areas of open space and planting within or adjacent to the primary frontages.

Where necessary, the Council will work in association with the private sector to achieve such improvement through new development or re-development.

Applications which do not contribute to or which prejudice opportunities for improvement of the shopping environment will normally be refused. all development proposals will be required to provide or safeguard adequate off-street servicing facilities (see also Policies C6, C7, C8, C11, C13 and C14).

Policy Cross References : C6 Frontages of Townscape Merit, C7 Shop and Commercial Frontages and Fascias, C8 Advertisements, C11 New Buildings, Extensions and Alterations, C13 Street Furniture, C14 Trees, Planted Areas and Landscaping, Proposals P5a (Former Municipal College Site, London Road), and Proposals P9a (Queens Road, Southend-on-Sea), P9b (London Road) and P9f (Southend High Street).

Policy S9 - Retention of Secondary Shopping Frontages - Saved

The City Council will seek to protect and enhance the character and value of Secondary Shopping Frontages where these can be shown to contribute to the retail attraction of the town or provide a valuable local service. Proposals to convert or redevelop properties on the east side of Shoeburyness High Street between Rampart Street and Gunners Road which involve the loss of a retail or restaurant use (Classes A1 and A3*) will not normally be permitted. (See also Policy S5).

Policy Cross Reference : S5 Non-Retail Uses.