4.1.1. The following sections set out the legislative and policy framework in relation to retail planning and the consideration of new development proposals within the Vale of Glamorgan's Town and District Centres, Local Centres, and Neighbourhood Centres.

4.2.1. The Well-being of Future Generations (Wales) Act (2015) is concerned with improving the social, economic, environmental, and cultural well-being of Wales. It requires the public bodies listed in the Act to think more about the long-term, work better with people, communities, and each other, look to prevent problems and take a collaborative approach to working. The Act puts in place seven well-being goals under a range of headings. The provision of an appropriate range and choice of employment sites and premises can contribute to achieving the following Well Being Goals:

• A prosperous Wales
• A resilient Wales
• A healthier Wales
• A more equal Wales
• A Wales of cohesive communities
• A Wales of vibrant culture and thriving Welsh language
• A globally responsive Wales.

4.2.2. The Act places a duty on the Council to take reasonable steps in exercising its functions to meet the wellbeing objectives set out above. This SPG has been prepared as part of the Council's duty and the 'sustainable development principle', as set out in the Act and has sought to ensure that the needs of the present are met without compromising the ability of future generations to meet their own needs.

4.3.1. The Town and Country Planning (Use Classes) Order identifies uses of land and buildings and places them within various categories known as use classes. The Order does not contain a definitive list of all the different types of uses of land and buildings but provides broad categories to allow developers and decision makers to understand which use class should apply.

4.3.2. The following list gives an indication of the types of uses which would fall under the retail use classes contained under Part A Schedule 1 of the Order:

• A1 Shops - Shops, retail warehouses, hairdressers, undertakers, travel and ticket agencies, post offices (but not sorting offices), pet shops, sandwich bars, showrooms, domestic hire shops, dry cleaners and funeral directors.
• A2 Financial and professional services - Financial services such as banks and building societies, professional services (other than health and medical services) including estate and employment agencies and betting offices.
• A3 Food and drink - For the sale of food and drink for consumption on the premises - restaurants, snack bars and cafes, drinking establishments and take-aways.

4.3.3. Where a person is unsure which use class applies to a building or parcel of land, they should check the planning history for the site and identify the latest planning permission which was approved and enacted on the site. This can be accessed using the Council's Planning Register accessed on the Council's webpage. If there are any issues determining the existing use class of land or buildings, please contact the Local Planning Authority using the contact details provided under Section 10 of this SPG for further advice.

4.4.1. Certain types of minor changes can be made to land and buildings without requiring planning consent. These are known as permitted development rights and are contained within the Town and Country Planning (General Permitted Development) Order 1995 (as amended). In relation to proposals involving similar types of use classes a change of use to the building or land may not require planning consent. For example, a hairdressers could be changed to a shoe shop without permission as these uses fall within the same 'class', and a restaurant could be changed to a shop or a estate agency as the Use Class Order allows this type of change to occur without requiring planning permission.

4.4.2. However, most external building work associated with a change of use is likely to require planning permission such as new advertising for the new use.

4.4.3. Regarding change of uses which fall under the Class A retail uses, the following table outlines where a change of use would be considered a permitted development:

Table 1: Permitted Development Rights for Retail Uses

4.4.4. Please note in some areas of the country permitted development rights are more restricted. If the land or building is located in a Conservation Area, a National Park, an Area of Outstanding Natural Beauty, or a World Heritage Site you will need to apply for planning permission for certain types of work which do not need an application in other areas. There are also additional restrictions if a building has been designated a listed building. Additionally, the existing use may have been permitted subject to permitted development rights being removed meaning planning consent would be required for the above changes. In some instances, the use has been restricted to a specific user or other limitations, consequently it is important that developers fully understand the planning history of a building or land before undertaking forms of permitted development.

4.4.5. If there is uncertainty surrounding the existing use and whether permitted development rights have been removed, please contact the Local Planning Authority using the details provided under Section 10 of this SPG.

Welsh Government Coronavirus Covid-19 Response – Temporary Permitted Development Rights To Support Businesses

4.4.6. In response to the detrimental impact Covid-19 restrictions had on the retail sector, the Welsh Government temporarily relaxed planning controls for specified development through amendments to the Town and Country Planning (General Permitted Development) Order 1995. The amendments to the Order came were in force between 30th April 2021 and 2 January 2022.

4.4.7. Welsh Government acknowledged that prior to the pandemic, there was a growing need for diversifying retail and commercial centres so they can adapt to future retail trends to continue to meet the needs of their local communities. This need to diversify was exacerbated by the impact of COVID-19. In the short term, the Welsh Government sought to facilitate temporary changes of use to enable businesses to trial alternative uses within town centres for a short period of time. This was intended to enable them to trial alternative uses and get initial feedback as to whether the start-up was likely to be viable without the expense and delay associated with submitting a planning application.

4.4.8. The temporary changes of use only related to sites located within town centres which are defined under the relevant Local Development Plan policies. In relation to the Vale of Glamorgan LDP, Policy MG12 – Retail Hierarchy identifies the retail centres where the permitted developments were applicable. The temporary permitted development that was covered by the amendment to the Order is detailed in the table below:

Table 2: Temporary Permitted Development Rights in Town Centres

4.4.9. All changes of use that took place were permitted for a six-month period beginning with the date on which the development began and were required to end on or before 29th April 2022, unless planning permission was granted for the retention of the use. The use of the building was permitted revert to the original use at any time during the six-month period. To ensure the impacts of the permitted change of use were appropriately recorded developers had to notify the Local Planning Authority of the temporary change of use as soon as reasonably practicable.

4.4.10. It should be noted, development was not permitted if the proposed A3 use was for the sale of hot food for consumption off the premises; or where the proposed use is Class B1(c) (i.e. for any industrial process). These uses can potentially result in planning impacts that require further consideration through the submission of a planning application such as noise impacts on residential neighbours.

4.4.11. However, although these changes were only in place until the end of April 2022, the Welsh Government ran a consultation between 16^th November 2021 and 15^th February 2022 on making them permanent. The outcome of this consultation is still awaited.

4.5.1. Future Wales: The National Plan 2040, sets out theWelsh Government's strategic national development framework and builds upon the key objectives of Planning Policy Wales. It outlines the Welsh Government's strategies for addressing key national priorities through the planning system. These include sustaining and developing a vibrant economy, providing quality development in the right places for the right reasons, achieving decarbonisation and climate-resilience, developing strong ecosystems, and improving the health and well-being of communities.

4.5.2. The National Development Plan outlines a number of strategic policies which development proposal must consider and will inform how decision makers determine planning decisions. The following strategic policies are considered relevant to retail proposals in the Vale of Glamorgan:

The 'Town Centre First' approach puts the health and vibrancy of town centres as the starting point of locational decision-making. It also directs facilities and services to where intended users can easily walk, cycle and/or use public transport to access them.

The principle of 'Town Centre First' is well established in planning policy in relation to retail developments. However, good planning can help us re-think the future of town and city centres, which are moving away from their traditional retail roles. The impact of COVID-19 on the retail sector is a further driver towards making our town centres multi-functional places. Town centres remain important focal points of communities and are increasingly becoming places to live, centres of community and cultural activity, a focus for public services such as health and education, and the location of new co-working spaces. They are more than the extent of designated retail areas.

• Policy 33 – National Growth Area – Cardiff, Newport and the Valleys

4.6.1. Planning Policy Wales (PPW) (Edition 11) sets out the national priorities and considerations with regards to new commercial and retail development and for managing change within existing commercial and retail centres. The key statements from PPW which are relevant to the contents of this SPG are outlined below:

Mixed Uses and Primary and Secondary Shopping Areas

4.6.2. PPW promotes A1 uses within identified retail centres as the underpinning use for these areas. However, it is acknowledged that the "although retailing (A1) uses should underpin retail and commercial centres, it is only one of the factors which contribute towards their vibrancy." (PPW, para.4.3.30, 2021).

4.6.3. A distinction is made between different areas within retail centres in PPW which states "Primary areas are typically characterised by a high proportion of A1 retail uses, and their designation requires an understanding of the existing distribution of uses in a centre together with careful consideration of a centre's role and how it relates to the retail strategy for the area. Secondary areas typically contain mixed uses, for example shops, cafes and restaurants, financial establishments and other services and community facilities." (PPW, para.4.3.31, 2021). These different areas are identified by LPAs within their LDP with evidence supporting the allocation of these areas within the centres.

4.6.4. The different characteristics of the Primary and Secondary areas defined in PPW allow LDP policies to encourage a diversity of uses in retail centres. PPW states "Vibrant and viable centres are distinguished by a diversity of activity and uses which should contribute towards a centre's well-being and success, whilst also reducing the need to travel. Development plans should include policies describing the types of use that are likely to be acceptable in primary and secondary areas." (PPW, para.4.3.33, 2021)

4.6.5. Different commercial uses can be appropriate within centres and LPAs should consider how "leisure and entertainment, and food and drink uses can benefit retail and commercial centres, and with adequate attention to safeguarding amenities can contribute to a successful evening economy." (PPW, para.4.3.34, 2021)Furthermore, PPW supports "mixed use developments, which combine retailing with entertainment, restaurants and, where appropriate, residential" (PPW, para.4.3.34, 2021) within retail centres which can promote active centres with beneficial day and evening economies.

4.6.6. However, it is acknowledged that "achieving diversity of uses and activities may require a flexible approach to planning. Where the right balance of use and activity is not being achieved, planning authorities should consider making changes to the acceptable uses in primary or secondary areas, or the retail and commercial centre boundaries themselves." (PPW, para.4.3.35, 2021). To ensure retail centres are healthy "Planning authorities should assess retail and commercial centre performance and the effectiveness of development plan policies by monitoring their health. They should use the strategy in their development plan to manage change and take action where necessary to address this." (PPW, para.4.3.36, 2021). In instanceswhere economic decline is impacting on a retail and commercial centre, emphasis on retaining A1 uses in premises either in primary or secondary areas, which have been vacant for a period of time, may undermine a centre's viability and vitality due to their unsightly appearance and the creation of dead frontages. In these circumstances planning authorities should consider how non-A1 uses may play a greater role to increasing diversity and reducing vacancy levels.

4.6.7. Regarding SPGs PPW states they "should support the management of retail and commercial centres where appropriate. Such management, involving enhancement and promotion, can be an important factor in achieving vibrancy, viability, and attractiveness in retail centres. Management measures can also contribute to the achievement of a safe and crime free environment. Partnership between local authorities and the private sector is essential to the success of such management strategies." (PPW, para.4.3.39, 2021)

4.6.8. In relation to smaller retailing areas such as local and village shops which fall outside of identified retail centres, PPW acknowledges "Local and village shops, and public houses provide an important role in the local community and their loss can have a detrimental impact, particularly in rural locations." (PPW, para.4.3.40, 2021)

4.7.1. Building Better Places was published by Welsh Government to setting out their response to Placemaking and the Covid-19 recovery.

4.7.2. The Building Better Places document outlines the approach Welsh Government will seek to implement as the country recovers from the pandemic, which pinpoints the most relevant policy priorities and actions to aid in the recovery. It states "Our centres should become places where a variety of retail, employment, commercial, community, leisure, health and public sector uses come together in a hub of activity to make them viable as go-to destinations once more. Flexible, local co-working spaces could also be a crucial new element to increase space to work. Residential uses are also key to the vitality of centres, provided that they do not curtail the commercial activities which take place and soundscapes are considered.

Evidence suggests that traditional retailing uses will not be as prevalent and the demand for new retail space will be very low for the foreseeable future, therefore primary retail areas will need to be urgently reviewed. This must be realistic and not done in the expectation that retail occupiers will return in the numbers we witnessed prior to the pandemic. Unreasonable and inflexible policies should be challenged through the development plan process, as much more creative thinking will be needed to reimagine and re-purpose these areas." (Building Better Places, p.18, 2020).

4.7.3. Although the Retail Strategy outlined in Building Better Places will need to be addressed in a reviewed LDP this will likely come forward by 2024/25. Due to the timescales surrounding the LDP process it is imperative decision makers respond flexibly to planning proposals, "the planning system must respond to this situation by ensuring that our retail and commercial centres can operate as flexibly as possible" (Building Better Places, p.18, 2020).

4.7.4. The Building Better Places document is also referenced in PPW stating "Building Better Places recognises the pivotal role that planners play in shaping our society for the future. They must plan for our priorities around placemaking, decarbonisation and well-being. Building Better Places starts to identify action to achieve this and upon which we must build; future reviews of Planning Policy Wales will enable us to further integrate this work. Everyone has a part to play to ensure that the communities of tomorrow benefit from the foresight of today" (PPW, para.2.23, 2021).

4.8.1. Technical Advice Note 4: Retail and Commercial Development (November 2016) sets out national policy and guidance in relation to changes of use in Retail and Commercial Primary and Secondary Areas.

4.8.2. In relation to retail centres which are under performing, TAN4 advises "when a retail and commercial centre's performance is poor, due perhaps to local or national economic conditions, and frontages become characterised by persistently high vacancy rates, local planning authorities should consider applying a more flexible strategy. Local planning authorities should decide if restricting change of use from A1 to non-A1 uses in primary areas is the most effective strategy. In these circumstances over emphasis on A1 uses alone in primary areas may serve to weaken the centre's prospects of being vibrant and viable; making it more vulnerable to decline. The positive role that non-A1 uses such as food and drink, financial, and other services can bring to both primary and secondary areas should be examined by local planning authorities. In addition, the role that residential uses can play in supporting centres should also be recognised. Whilst residential use is unlikely to be appropriate at ground floor level in primary areas, residential use on upper floors can add to a centre's vibrancy and viability, increasing footfall and contributing to both the daytime and evening economies of a centre" (TAN4, para.9.2, 2016).

4.8.3. In these centres it is important decision makers use a flexible approach when considering the benefits of non-A1 uses within a centre. TAN 4 states "Flexibility to expand or contract primary and secondary areas and to allow changes of use to attract investment and diversify the range of businesses is essential within vulnerable or declining centres. In larger more diverse centres that are more resilient to downturns in the economy a more restrictive approach to change of use may still be appropriate. However, in smaller centres this may not be the case and a more restrictive approach to change of use could act against opportunities to strengthen a centre through greater diversity." (TAN4, para.9.3, 2016)

4.8.4. The flexible approach applied in underperforming centres needs to be balanced with decision makers understanding that "individual use classes may contain both desirable and undesirable forms of activity which when clustered together may have a negative cumulative impact. Planning conditions may be used to ensure the most appropriate development is permitted within a use class." (TAN4, para.9.4, 2016). Additionally, "changes of use can create new concentrations of single uses, such as take away food outlets, where the cumulative effects can cause local problems. Such proposals should be assessed against the development plan policies, on their contribution to diversification of the retail and commercial centre and on the cumulative effects on matters such as parking and local residential amenity." (TAN4, para.9.7, 2016)

4.8.5. Persistent or long-term vacant units within retail centres represent an issue for the attractiveness and economic viability of centres. LPAs should look positively on "Temporary or 'pop-up' units may be a positive short-term option to reduce the impact of vacancies. A pop-up-unit is established on a short-term lease through agreement with the landlord and where such shops are successful may lead to a long-term tenancy. Whilst pop-up-units are typically used for shops they can be used for other purposes, for example, art galleries and community projects. Local planning authorities should consider using supplementary planning guidance to describe the types of pop-up uses likely to be acceptable in a retail and commercial centre and how they may, if necessary, be controlled through the planning system." (TAN4, para.9.5, 2016).

4.9.1. The Vale of Glamorgan Adopted Local Development Plan (LDP) 2011 - 2026 contains the following local planning policies dealing with new retail developments.

• Policy SP6 – Retail
• Policy MG12 – Retail Hierarchy
• Policy MG13 – Edge and Out of Town Retiling Areas
• Policy MG14 – Non-A1 Retail Uses within Town and District Retail Centres
• Policy MG15 – Non-A1 Retail Uses within Local and Neighbourhood Retail Centres

4.9.2. LDP Annual Monitoring Report (AMR) monitoring data indicated that some retail centres do not meet or are close to their respective A1-use thresholds referred to under LDP Policies MG14 and MG15 reflecting market pressure for non-A1 uses.

4.9.3. The AMRs demonstrate only Penarth Retail Centre and the primary frontage in Cowbridge retail centre have sufficient A1 uses to reflect the LDP policy thresholds.

4.9.4. This SPG seeks to address and clarify how Policies MG14 and MG15 of the LDP should be applied and detail how decision makers should apply flexibility depending upon the contextual considerations of a proposal.

4.10.1. The following SPGs are particularly relevant to this guidance and should be read in conjunction with this document. All SPGs are available on the LDP pages of the Council's website.

4.10.2. The Parking Standards SPG sets out the Council's parking requirements for new developments and changes of use. The SPG relates to commercial vehicles, cars, motorcycles, and bicycles. It also refers to travel plans (which is covered in more detail in a separate Travel Plan SPG) as well as the need for provision for Ultra Low Emission Vehicle charging points.

4.10.3. The Planning Obligations SPG - provides clarification of where, what, when and how planning obligations will be sought, in order to assist the Council in creating sustainable communities that provide social, economic, and environmental benefits. This guidance offers advice on planning obligations in support of the policies in the Vale of Glamorgan LDP.

4.10.4. The Council also has a set of Conservation Area Appraisals and Management Plans that will be relevant to development proposals within Conservation Areas, which includes some of the town and retail centres in the Vale of Glamorgan.