Dear Alex

Thank you for your email.  Following recent discussions, I am pleased to set out our advice on the email from the applicant’s agent.  Please treat this email as an addendum to our letter dated 25^th November 2016.  The applicant’s email sets out a table of restrictions on the categories of ‘travel goods and luggage, tableware, games, toys, sports and camping equipment and electrical goods’.  In our letter dated 25^th November 2016, we advised that electrical goods should be limited to 1,500 sqm as per the applicant’s analysis, and each other category at 200 sqm.   The differences in the controls offered by the applicant are as follows:

Travel Goods and Luggage: the applicant has offered a restriction of 250 sqm opposed to our recommendation of 200 sqm. 

Toys and Games: the applicant has amalgamated these two categories.  Our advice awarded 200 sqm for each, which would total 400 sqm.  The applicant has offered, 500 sqm.

Sports Goods and Equipment: this is only part of the sports and camping equipment category and at 500 sqm is higher than the 200 sqm for the whole category as recommended. 

In addition, the applicant has requested that the tableware and camping goods categories are unrestricted.

In summary, the reasons the applicants have given to justify these changes are that they represent between 5 and 10% of the unit can be used for the sale of the additional product ranges (for those restricted).  And for those unrestricted (tableware and camping equipment), the goods are on sale extensively from out-of-centre locations and does not underpin the vitality and viability of either of the defined centres.  They also make the argument that ‘camping equipment’ given its bulky nature and limited role within the defined centres.   Therefore, they conclude that the proposed development will compete primarily with these stores given the similarity in format, location and accessibility.

In the context of the store as a whole, the additional floorspace sought (in those categories that will be restricted by floorspace) compared to our recommendations, is modest.  Therefore, we can agree that these restrictions are sufficient to ensure that there will be no likelihood of a significant adverse impact on designated centres, subject to ensuring other controls on how the store trades remain in place.  Whilst we unsure of the reluctance of the applicant to commit to restricting the sale of tableware and camping goods, it is recognised that there are no retailers that would sell solely these goods from a store of this size.  We also accept the point that there will be competition with other out of centre retailers; this point is made in our letter dated 25^th November 2016.  We also recognise that the centres in question are not anchored by retailers selling the goods in question (although this issue should not be considered in isolation).  Therefore, taking into account all matters in respect of retail impact, we accept that their unrestricted nature will not influence our conclusions on retail impact subject to ensuring that the sub-division restriction remains in place.   

I trust this is sufficient for your purposes, but if you have any other queries please let me know.

Kind regards

Peter

Dear Peter

Please find below email from Savills regarding proposed conditions and the capping of the additional categories of goods proposed for sale from the store.

I would welcome the opportunity to discuss at your earliest convenience as I seek to finalise the committee report tomorrow and on Monday.

Thank you.

Kind regards

Alex

Alexander

Further to the correspondence below, we have discussed the proposed controls with the applicant and can confirm as follows.

The applicant is willing to accept a condition that limits the future sub-division of the premises to replicate the existing position. 

To provide certainty that the proposed development will not result in any direct impact on the town centre triggered by a ‘relocation’, the applicant is also willing to accept a requirement for the first occupant to be an operator not currently represented within either Folkestone or Cheriton.  We suggest that this is secured via a Unilateral Undertaking from the applicant.

Finally, the applicant is also willing to accept floorspace caps on some of the additional ranges of goods that have been sought as part of the proposed development. 

Table 1 below sets out the agreed maximum caps and then the caps now proposed on the additional ranges to respond to the advice provided to the Council by PBA.  

Table 1:  Proposed Sales Area Goods Restriction

The proposed areas are necessary to meet the anticipated tenant demand and bring the floorspace back into a positive economic use.  They are broadly consistent with the recommendations made by PBA and ensure that no more than between 5 and 10% of the unit can be used for the sale of the additional product ranges.

We have not included a cap on the sales of ‘tableware’ as it is on sale extensively from out-of-centre locations and does not underpin the vitality and viability of either of the defined centres.  The same is true of ‘camping equipment’ given its bulky nature and limited role within the defined centres.

As noted in Tim’s email below, the additional ranges of goods proposed are already on sale in ‘out-of-centre’ locations within Folkestone (e.g. Home Bargains, Sainsbury’s, Tesco, The Range and Argos).   The proposed development will compete primarily with these stores given the similarity in format, location and accessibility.

The PBA review concluded that the proposal would not result in a significant adverse impact on the Town Centre due to the direct competition with other Park Farm Road stores, growth in local expenditure, and a restriction on town centre anchors relocating to the site.  The proposed amendments to the floorspace caps are not of a scale to alter these conclusions or pose a threat to the vitality and viability of Folkestone or Cheriton. 

We trust that the additional controls now proposed by the applicant provide the LPA with certainty that the development will not have an unacceptable impact on either of the defined centres. 

We look forward to receiving your confirmation that the application can now be recommended for approval. 

Kind regards

Ray

Tim

Thank you for your email and I look forward to receiving your full response shortly. I would be happy to discuss a proposal for the capping of the proposed unrestricted goods with PBA once we have your response.

Kind regards

Alexander,

Thanks for your call today.

I will have to review the PBA document in some detail with the applicant so it will perhaps be Wednesday before we can respond formally.

Just in advance of that, I’m not sure that the sale of the goods that are listed as requiring a cap are goods that underpin the vitality and viability of Folkestone or Cheriton centres.  Furthermore, they are goods that are already sold from ‘out of centre’ locations.   I would question therefore the validity of a request to impose such low floorspace caps on these particular ranges.

I’m sure we can come up with a sensible position that provides sufficient flexibility at the application site whilst at the same time ensuring any impact on defined centres is not ‘significantly adverse’.

Thanks again for your time and assistance in progressing this application in such an open and positive way.  It is very much appreciated.

Thanks

Tim

From: <Alexander.Kalorkoti@shepway.gov.uk>
Date: 28 November 2016 at 13:04:51 GMT
To: <RTutty@savills.com>
Subject: Y16/1003/SH - B&Q, Park Farm Road, Folkestone

Hi Raymond

 

Please find attached independent advice received from Peter Brett Associates in relation to the above application. I would draw your attention particularly to the conditions to cap the proposed unrestricted goods and to ensure that existing town centre retailer relocation is avoided, which are considered necessary to make the proposal acceptable and meet the requirements of the NPPF.

 

I will call your office to discuss these matters further.

 

Thank you.

 

Kind regards

 

Alex Kalorkoti

 

Graduate Planning Officer

Major Projects Team

Telephone: 01303 853 402

Mobile: 07860 735072

 

Please click here for information regarding the pre-application planning advice service we offer at Shepway District Council.

 

Shepway District Council, Civic Centre,
Castle Hill Avenue, Folkestone, Kent, CT20 2QY

Email: alexander.kalorkoti@shepway.gov.uk

 

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