6.1.1 The Adopted Vale of Glamorgan Local Development 2011 – 2026 contains the following policy for proposals for non-A1 uses within retail centres:

6.1.2 This relates to the following retail centres (see maps at LDP Appendix 5):

• Town centres: Barry
• District centres: Barry High Street / Broad Street, Cowbridge, Llantwit major, and Penarth

6.2.1 In accordance with the Plan's retail hierarchy this relates to the following retail centres:

Local Centres

• Barry: Main Street, Cadoxton; Vere Street, Cadoxton; Park Crescent; Barry Road, nr. Cadoxton; Upper Holton Road
• Dinas Powys: Cardiff Road; Dinas Powys village centre
• Penarth: Cornerswell Road
• Rhoose: Fontygary Road
• St Athan: The Square

Neighbourhood Centres

• Barry: Bron-y-Mor; Cwm Talwg; Gibbonsdown Centre; Park Road
• Boverton
• Dinas Powys: Camms Corner; Castle Court/The Parade
• Font-y-Gary: Adenfield Way
• Llantwit Major: Crawshay Drive
• Penarth: Pill Street; Tennyson Road

6.2.2 These policies recognise the important part that A1 retail uses play in giving vitality and activity to retail centres. They tend to be uses that attract a high number of customers throughout the day, increasing footfall within the centre and working collectively to complement the retail experience of the centre. The overall aim of the policies, by seeking to maintain a high proportion of A1 uses, is to ensure the vitality, attractiveness, and viability of retail centres. Within these centres development proposals for non-A1 uses should ensure there are no unacceptable impact on the role and function of the retail centre. The advice below explains how applicants can demonstrate compliance with the policy.

6.2.3 The supporting text to Policy MG14 clarifies for the purposes of Policy MG14 non-retail uses includes A2, A3 and B1 as well as the other non-A1 uses stating "Within these areas the range and mix of uses will be carefully managed and controlled to ensure the continued vitality, viability and attractiveness of the retail centres. While non-retail uses such as financial and professional services (A2), food and drink outlets (A3), and offices (Class B1) can contribute to the diversity of a retail centre and generate increased footfall, a proliferation of such uses can also have a negative impact upon the long term vitality, viability and attractiveness of the centre dispersing retail premises and diluting the retail core" (LDP, p.74, 2017).

6.2.4 Where a proposal relates to a change of use from an existing commercial non-A1 use to another commercial non-A1 use (for example an A2 office to an A3 cafe) the development would not affect the overall proportion of A1 uses in the centre (MG14 (1-3) and MG15 (1) refer).

6.2.5 The Vale of Glamorgan Council undertakes annual retail surveys which records the use class of commercial units within the centre, their function and whether they are occupied or vacant. The surveys allow decision makers to better understand the vitality, viability, and attractiveness of retail centres in the area including the proportion of A1 uses in them. The surveys are available upon request. Analysis of this information will assist developers and decisions makers to consider whether proposals create an unacceptable concentration of non-A1 uses.

6.2.6 Proposals for non-A1 uses need to complement the character of the existing centre, benefit the daytime economy, and maintain an attractive shop frontage. This will preclude uses like residential or B1 offices at ground floor, but favours uses that complement the main role and function of retail centres.

6.2.7 LDP Policies MG 14 and MG 15 (2) requires proposals for existing A1 units to a non-A1 use to demonstrate that the unit has been appropriately marketed. Applicants should submit a marketing report with such applications outlining d the following:

• Details the existing use or the previous use of the site / premises if vacant;
• The length of time the unit has been vacant for (if applicable);
• Details of the marketing strategy employed and its duration, including the type of use the unit was marketed for, the price / contract terms, any incentives offered, details of the site / premises particulars including its condition / state of repair, copies of advertisements placed;
• Details of the amount of interest in the unit during the marketing period – this should detail the number of queries, the type of uses sought by potential purchasers, and if known, the reason for not pursing an initial enquiry.

6.2.8 To demonstrate the marketing strategy was meaningful and realistic as a minimum the marketing strategy followed should:

• Have been undertaken for a 12-month continuous marketing period;
• Have a sale / rental price that reflects the market conditions for the current use and condition of the site / premises. If the building or site requires extensive conversion/repairs, the price should be based on the unconverted state unless the works are to be undertaken prior to completion. The price should not include any potential residential or other non-A1 use values.
• Have 'active' marketing on site, be listed on appropriate marketing web-sites, use a local / regional property agent to market the site, including direct mailing to targeted businesses, and advertised in appropriate marketing literature.
• Applicants should be prepared to offer the property or site on both a leasehold and freehold basis in order to widen appeal and help ascertain the level of interest.

6.2.9 Where a unit has been vacant for a significant time period (at least 12 months) this might demonstrate the previous use was not viable at the location, if supported by appropriate marketing evidence. Vacant units will generally have a detrimental impact upon the attractiveness, vitality and economic viability of the retail centre. Therefore, the Council will take this into account when considering applications for a change of use which would maintain commercial activity in the retail centre but would not be an A1 use.

6.2.10 Proposals for non-A1 uses need to demonstrate they would have no unacceptable impact on the role and function of the retail centre. In this regard considerations would include:

• Customer profile / use of the premises and whether it would increase footfall in the centre
• Hours of operation / use reflecting the wider function of the centre throughout the day / evening and weekend
• Shop frontage and advertising – proposals should have 'active' frontages that enhance the public realm of the centre
• External impacts – traffic, congestion, servicing vehicles, noise, pollution, anti-social behaviour
• Providing local employment or services
• Enabling the beneficial use of upper floors to the benefit of the wider retail centre
• Meeting an evidenced social need not currently met in the locality (e.g. childcare services, health care, leisure activities etc).

Market Changes and a Flexible Response

6.2.11 The policies explained above, demonstrate the Council's desire to maintain the retail function of town, district, local and neighbourhood centres in the Vale of Glamorgan and this will remain the starting point in the consideration of applications for non-A1 uses in these centres. However, national policy in Future Wales, PPW and other Welsh Government publications recognise the need for a more flexible approach to respond to market impacts and to reinforce the role and function of town centres as the heart of sustainable urban communities. PPW states: "Although retailing (A1) uses should underpin retail and commercial centres, it is only one of the factors which contribute towards their vibrancy" (paragraph 4.3.30 refers).

6.2.12 Therefore, under this SPG, the Council will adopt a more flexible approach to the application of Policies MG14 and 15 to give consideration to the individual impacts of the proposals and give weight to the benefits that can be secured from other non-A1 uses that can benefit the overall vitality and viability of our retail centres.

6.2.13 TAN 4 sets out where it is considered acceptable to apply a flexible approach to proposals for non-A1 uses in retail centres stating "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." (TAN4, para.9.2, 2016). The performance of a centre will be determined by the latest available evidence such as the Annual Retail Survey.

6.2.14 In 'Brighter Futures: Placemaking and the Covid-19 Recovery' Welsh Government have recognised recent market impacts on retail centres: "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." (p.18, 2020).

6.2.15 Furthermore, Future Wales recognises the role of town centres as places that can meet more than just retail needs in its 'Town Centre First' Policy, which states that in addition to retail, significant new commercial, education, health, leisure and public service facilities must be located within town centres. 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.

6.2.16 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.

6.2.17 Consequently, due to the current national context and the ongoing impacts of Covid-19 on the retail sector it is considered reasonable and appropriate for Development Management decisions to take a flexible approach to change of use proposals where it is considered the proposal would benefit the centre and contribute to the vitality, viability and attractiveness of the centre.

6.2.18 To reflect the need for flexibility in retail centres, Welsh Government have recently made temporary amendments to The Town and Country Planning (General Permitted Development) to provide greater flexibility for changes of use within town centres. This change in legislation allows for the temporary change of use from A1 to A2, A3, B1, D1 and D2 within retail centres for a 6-month period without the need to receive planning consent from the LPA. During the six-month trial period, planning permission can be sought, and the local planning authority would have an evidence base from which to assess the impact of the alternative use. Where it has been demonstrated during the temporary period that the planning impacts are minimal, or where the impacts could be managed through conditions, the Council will give weight to the social, economic and broad regeneration benefits of retaining an alternative use.

6.2.19 Under this SPG, which builds on Future Wales Policy 6 and well as the earlier LDP policies, planning applications for non-A1 uses in retail centres will be considered 'in the round' having regard to the wider environmental, social, economic or cultural benefits they offer to the centre.

6.2.20 Proposals which create an opportunity for a mix of complementary uses will be considered favourably in accordance with the Placemaking principles set out in Future Wales. Although non-A1 uses may be secondary to the main retail function / use they can help to create a destination which could lead to increased footfall to the existing A1 uses within the Retail Centre.

Sequential Approach to Non-A1 Uses

6.2.21 In applying the Town Centre First principle endorsed in Policy 6 of Future Wales and taking a more flexible approach to non-A1 uses in retail centres than LDP policies MG14 and 15 strictly advocate, it is appropriate to take a sequential approach to such proposals. This means that preference will be given to non-A1 uses that have a similar role, function and impact to A1 uses rather than other uses, such as residential uses, that have a very different character and purpose and could undermine the long-term sustainability of retail centres by reducing daytime activity or removing 'active' frontages.

6.2.22 Where non-A1 uses are considered to be justified for the reasons set out in this SPG, the following types of uses be favoured because they can complement the main role and function of retail centres:

• 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.
• B1 Business – office, research and development or industrial process being a use which can be carried out in any residential area without detriment to the amenity of that area
• C1 - Hotels and hostels
• D1 - Non-residential institutions – e.g. medical or health services, crêche, day nursery, gallery, museum, public library, exhibition hall, place of worship
• D2 - Assembly and leisure – e.g. cinema, concert hall, bingo hall or casino, indoor or outdoor sports or recreation
• Sui generis uses that are similar in nature to retail uses

6.2.23 This does not mean that these uses will automatically be granted planning permission, either conditionally or unconditionally, as developments will need to satisfy other policy considerations such as design, impact on neighbouring amenity, environmental impacts, traffic, congestion and parking. Furthermore, consideration will need to be given to the context and current state of the retail centre to ensure that a proliferation of a particular use (such as A3 take-away food outlet) does not undermine the overall role and function of the retail centre.

6.2.24 Residential uses can help to bring 'life' to retail centres particularly in the evening when traditional A1 uses may be closed, but they should generally be located within adjacent areas outside the core primary / secondary shopping frontages or on upper floors or basements rather than on the ground floor / street frontage. The benefits of residential use of upper floors in retail centres will be recognised when consideration is given to the relaxation of standards for parking and amenity space, particularly in locations with good access to sustainable transport options and local facilities including open space.