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5.3 Town Centres, Retail and Leisure

Introduction

5.3.1 National planning policy as set out in the National Planning Policy Framework (NPPF) states that local plans should set out policies for the management and growth of town centres over the plan period, recognising them as the heart of their communities and pursuing policies to support their viability and vitality.

5.3.2 The NPPF defines retail and leisure uses as main town centre uses which should be located in town centres as they play a crucial role in supporting their vitality and viability.

5.3.3 Burnley is the main centre within the borough providing shopping, services and public administration. Padiham town centre is smaller in size reflecting its role as a market town with a local retailing function that serves a wide rural area. The borough has eight other centres which the Plan defines as district centres.

5.3.4 This chapter sets out the retail hierarchy for the borough, defines the town centre boundaries and sets out specific policies for retail, office and leisure development, hot food takeaways, advertisements and shopfront design.

Retail Capacity

5.3.5 The 2013 Retail, Office and Leisure Assessment of Burnley and Padiham Centres (ROL) completed by Nathaniel Lichfield and Partners assessed the future need and capacity for retail and leisure floorspace over the period to 2026. It concluded that:

  • In terms of convenience floorspace, existing stores in the borough have the capacity to absorb growth over the period 2013 to 2026.
  • By 2018, there would be capacity for 607 sq.m. net of additional comparison goods floorspace in Burnley town centre. This rises to 2,104 sq.m. by 2023 and 3,390 sq.m. by 2026. Since 2013 a reconfiguration of units in the Charter Walk shopping centre and the reoccupation of larger vacant units such as the JJB store on St James’ Street have accounted for 863 sq.m of additional floorspace. The ROL states that the opportunity to re-occupy further vacant units (particularly larger floorplates) and further improvements to Charter Walk should be explored before less central sites are allowed to come forward for development as main town centre uses.
  • In Padiham, there is only limited capacity for additional comparison goods floorspace (up to 147 sq.m. by 2026).
  • Existing commercial leisure facilities are sufficient to support the catchment population although qualitative improvements to cinema provision may attract more users.
  • There is scope for new restaurants, cafés and takeaways in Burnley town centre as there is currently a lower than average proportion of these uses.

5.3.6 An update was carried out in 201457 for Padiham which looked at the changes in shopping patterns and composition of use since the previous study, following the opening of a Tesco supermarket. The study concluded that the health of the town centre had improved since 2012.

Hierarchy of Centres

5.3.7 The NPPF58 states that Local Plans should define a network and hierarchy of centres. The retail hierarchy aims to promote sustainable development by focusing retail and service provision in the areas that are most accessible to the largest proportion of the population, ensuring that people do not travel further than they need to access everyday goods.

5.3.8 New retail development will therefore be focused in the two town centres of Burnley and Padiham. The NPPF indicates that a network and hierarchy of centres that is resilient to anticipated future economic changes should be identified.

Burnley Town Centre

5.3.9 Burnley town centre is the principal retail destination in the borough and performs a sub- regional role for shopping, services, leisure and public administration. The ROL Assessment 2013 found that Burnley town centre provides a broad retail offer which includes high street multiples and a large indoor market.

5.3.10 The centre is easily accessible and provides a safe and pleasant environment for visitors, although some of the more peripheral shopping areas have higher levels of vacancies and a poorer quality physical environment. There is a good range of public services in the town, e.g. St Peter’s health and leisure centre and the Mechanics - an established theatre and music venue, but the lack of entertainment and café/restaurant uses means that there is a relatively narrow night time economy offer.

Burnley Town Centre Boundary (see Inset Map)

5.3.11 The NPPF59 indicates that Local Plans should define the extent of town centres and primary shopping areas, based on a clear definition of primary and secondary frontages, and set policies that make clear which uses will be permitted in such locations (see later or glossary for definitions).

5.3.12 The 2013 ROL Assessment noted that the 2006 Local Plan showed a widely drawn Town Centre boundary that included the Weavers' Triangle and the Anchor and Yorkshire Street Retail Parks as well as a number of employment land allocations. The study recommended that the Council should consider reducing the Town Centre boundary to focus on the areas where town centre uses exist, namely, the area contained by Queen's Lancashire Way, Church Street, Centenary Way and Active Way. A new Town Centre boundary has been drawn to reflect this recommendation.

Padiham Town Centre

5.3.13 Padiham town centre performs a supporting role to Burnley in the retail hierarchy. It comprises a range of independent and specialist shops, banks and professional services and a Tesco store which opened in 2012, located on the edge of the town centre. The town centre has a distinct architectural identity with traditional shopfronts creating an attractive market town environment. Building on this, and the range of specialist shops, the town is being promoted as a niche shopping destination.

5.3.14 The Retail, Office and Leisure Assessment highlighted issues including the town centre’s limited comparison retail offer, poor pedestrian accessibility along narrow streets and the use of Burnley Road as a through route.

Padiham Town Centre Boundary (see Inset Map)

5.3.15 Padiham is a small compact centre. The 2006 Local Plan town centre boundary related well to the concentration of town centre uses and the boundary has been extended as the Retail, Leisure and Office Assessment suggested to include the Tesco store on Lune Street.

District Centres

5.3.16 District Centres perform an important role in providing a range of facilities within walking and cycling distance of where people live and work. It is recognised, however, that district centres, along with town centres and local shops will continue to face considerable competition as people choose to do more of their shopping in large superstores and retail warehouses, or order goods and services online. It will be important for District Centres to provide and retain a range of shops and a quality of environment that will enable them to compete more effectively.

5.3.17 Policy TC1 sets out a clear retail hierarchy which explains the policy choices and allocations set out in the Plan.

Policy TC1: Retail Hierarchy

1) New retail development should be of an appropriate scale according to its location within the retail hierarchy:

Town Centres:
  • Burnley
  • Padiham


District Centres:
  • Briercliffe Road
  • Colne Road
  • Accrington Road
  • Coal Clough Lane
  • Harle Syke
  • Pike Hill
  • Rosegrove
  • Lyndhurst Road

Town Centres

5.3.18 The NPPF indicates that planning policies should promote competitive town centre environments and set out policies for their management and growth; and recognise the important role of centres as the heart of their communities for which policies to support their viability and vitality should be pursued

5.3.19 Town centres provide a range of functions, infrastructure and services that attract users and investors. While town centres continue to play a vital role in providing a focus for economic activity, transport and civic functions, it is important to recognise that their traditional role is changing, particularly in relation to retailing. If Burnley and Padiham centres are to remain vibrant, it is important to establish a clear direction for each centre.

5.3.20 The NPPF states that planning policies should require applications for main town centre uses60 to be located in town centres, then in edge of centre locations and only if suitable sites are not available should out of centre sites be considered. When considering edge of centre and out of centre proposals, preference should be given to accessible sites that are well connected to the town centre. Applicants and local planning authorities should demonstrate flexibility on issues such as format and scale.

5.3.21 The NPPF also states that this sequential approach should not be applied to small scale rural offices or other small scale rural development (see Policies EMP4 and 5). The Local Plan also proposes specific exceptions e.g. in District Centres (Policy TC6), local and rural offices and facilities (Policies EMP4 and EMP5), and for uses in the Weavers’ Triangle (Policy TC5).

Impact Assessment Thresholds

5.3.22 The NPPF states that when assessing applications for retail, leisure and office development outside of town centres, which are not in accordance with an up-to-date Local Plan, local planning authorities should require an impact assessment if the development is over a proportionate, locally set floorspace threshold (if there is no locally set threshold, the default threshold is 2,500 sq.m).

5.3.23 The assessment should consider the impact of the proposal on existing, committed and planned public and private investment in a centre or centres in the catchment area of the proposal; and the impact of the proposal on town centre vitality and viability, including local consumer choice and trade in the town centre and wider area, up to five years from the time the application is made. For major schemes where the full impact will not be realised in five years, the impact should also be assessed up to ten years from the time the application is made.

5.3.24 Individual thresholds61 for retail development have therefore been set for Burnley and Padiham:

  • Burnley – 1,000 sq.m gross and above
  • Padiham – 500 sq.m gross and above

5.3.25 The NPPF states that where an application fails to satisfy the sequential test or is likely to have significant adverse impact on one or more of the above factors, it should be refused.

Policy TC2: Development within Burnley and Padiham Town Centres

1) The Council will seek to maintain and enhance the retail and service function of Burnley and Padiham Town Centres, the boundaries of which are defined on the Policies Map. Main Town Centre Uses which accord with other relevant policies elsewhere in the Plan will be supported in the following locations:
  1. Proposals for retail development (A1 Use Class) will be supported within the Primary Shopping Area for Burnley or within the Town Centre of Padiham.
  2. Proposals for comparison retailing (A1 Use Class) should normally be located within the Primary Shopping Area of Burnley or within the Town Centre of Padiham.
  3. Proposals for convenience retailing (A1 Use Class) will be supported within the Town Centres of Burnley and Padiham.
  4. Subject to the limits set out in Policy TC3, proposals for other retail uses (A2-A5) and other main town centre uses will be supported within the Town Centres of Burnley and Padiham.

Sequential Test
62

2) Proposals for comparison retailing (A1 Use Class) that that do not comply with 1) b) due to a lack of suitable sites are required to be located in accordance with the following sequential test:

Burnley:
  1. Edge of Centre locations (300m of the Primary Shopping Area); other Town Centre locations; edge of centre locations (300m of the Town Centre Boundary); out of Centre. Padiham:
  2. Edge of Centre locations (300m of the Town Centre Boundary); out of Centre.

3) Proposals for convenience and other retailing (A1 to A5 Use class) and other main town centre uses are required to be located in Town Centres. Where suitable sites are not available, these are required to be located in accordance with the following sequential test: Edge of Centre locations (300m of the Town Centre boundary); out of Centre.

4) When considering the sequential tests above, preference will be given to accessible sites that are well connected to the Primary Shopping Area /Town Centres. Applicants will be expected to demonstrate flexibility on issues such as format and scale.

Impact Assessment


5) Proposals for main town centre uses which do not comply with 1) a) to d) above, or are not specifically allocated for town centre uses, should be supported by an Impact Assessment addressing the following:
  1. The impact of the proposal on existing, committed and planned public and private investment in a centre or centres in the catchment area of the proposal; and
  2. The impact of the proposal on town centre vitality and viability, including local consumer choice and trade in the town centre and wider area, up to five years from the time the application is made. For major schemes where the full impact will not be realised in five years, the impact should also be assessed up to ten years from the time the application is made.

6) The requirement for an Impact Assessment will apply to proposals of the following size/type:

Retail:
  1. Burnley – 1,000 sq.m gross and above
  2. Padiham – 500 sq.m gross and above

Other Main Town Centre Uses:
  1. 2,500 sq.m and above

7) Where an application fails to satisfy the sequential test or is likely to have significant adverse impact on one or more of the above factors set out in 5 a) and b), it will be refused.

Residential


8) Proposals for residential development, including new build, conversion or change of use on appropriate sites within the Town Centres will be considered favourably subject to meeting the other policy requirements of the Plan where:
  1. Within Burnley Primary Shopping Area and within Padiham Town Centre these are located on upper floors;
  2. In Burnley Town Centre outwith the Primary Shopping Area, they do not lead to a concentration of residential uses which undermines the overall mix of main town centres uses.
  3. The development does not prejudice the lawful operating conditions or viability of adjacent land uses.

Primary Shopping Areas

5.3.26 To promote vibrant and attractive town centres it is important that a critical mass of retailing uses is maintained within their core shopping areas. In line with paragraph 23 of the NPPF this is achieved through identifying Primary Shopping Areas in town centres i.e. defined areas where retail development is concentrated. The NPPF states that these should generally comprise Primary Frontages which are likely to include a high proportion of retail uses which may include food, drinks, clothing and household goods and Secondary Frontages which provide greater opportunities for a diversity of uses such as restaurants, cinemas and businesses; and set policies that make clear which uses will be permitted in each.

5.3.27 Padiham is a small compact centre and it is not considered necessary or appropriate to identify separate Town Centre and Primary Shopping Area boundaries. For the purposes of retail and town centre planning the Primary Shopping Area in Padiham is one and the same as the Town Centre and no Primary or Secondary Frontages are identified.

5.3.28 The Primary Shopping Area for Burnley is shown on the Town Centre Inset Map.

Primary and Secondary Frontages

5.3.29 Primary Frontages contain the greatest concentration of shops (A1 retail use), attract the greatest number of customers and underpin the vitality and viability of the town centre. Retail should remain the principal and dominant land use within these areas. The Council will not support uses that do not complement or support their predominantly retail character and will seek to retain retail uses (Use Class A1) and maintain a continuous ground floor retail frontage with a limited range of associated and complimentary uses such as cafes, banks, and pubs (A2 A3 and A4 use classes).

5.3.30 Secondary Frontages support the retail function of the primary frontage of the centre. Generally these provide a reasonable proportion (around 50% or more) of retail uses, which are complemented by a wide range of other services such as cafés, pubs and estate agents. Whilst the Council will not support uses that undermine their predominantly retail character a greater proportion of non-retail will be permitted compared to Primary Frontages in recognition that Town Centres need to perform a function beyond retail uses to ensure their vitality and viability. Suitable non-retail uses may include banks, building societies, employment centres, small service offices, advice centres, clinics and other health and welfare services, theatres, restaurants and community uses.

5.3.31 Burnley’s Primary and Secondary Retail Frontages generate active street frontages during normal daytime trading hours. In order to protect and strengthen the retail offer in the Town Centre the Council will seek to control the use of ground floor premises in shopping streets through the exercise of its planning powers to safeguard and enhance the vitality and viability of the Town Centre.

5.3.32 There have been recent changes to permitted development rights extending the existing changes of use that do not require planning permission. Whilst some such proposals still have to go through a ‘prior approval process’, the Council currently has limited control over some of these changes of use e.g. from A2 office and A1 to residential use.63

Policy TC3: Burnley Town Centre - Primary and Secondary Frontages

1) The Primary and Secondary Frontages within Burnley Town Centre are defined on the Policies Map.

Primary Frontages


2) Proposals for changes of use, including through redevelopment, from retail (Class A1) to other uses at ground floor level will only be permitted where the proposal would not result in a concentration of non-A1 uses which would cumulatively (including any unimplemented planning permissions) amount to more than 20% of the length of the Primary Frontage within any one of the defined sections.

Secondary Frontages

3) Proposals for changes of use, including through redevelopment, from retail [Class A1] to other uses at ground floor level will only be permitted where the proposal would not result in a concentration of non-A1 uses which would cumulatively (including any unimplemented planning permissions) amount to more than 40% of the length of the Secondary Frontage within any one of the defined sections.


Burnley Town Centre Development Opportunities

5.3.33 The NPPF states that in drawing up Local Plans, local planning authorities should allocate a range of suitable sites to meet the scale and type of retail, leisure, commercial, office, tourism, cultural, community and residential development in town centres. It is important that the needs for these main town centre uses are met in full and are not compromised by limited site availability.

5.3.34 The 2013 ROL Assessment concluded that there is no capacity i.e. need, for additional convenience floor space in Burnley Town Centre. The study identifies capacity i.e. need for 3,390 sq.m of comparison floor space over the period to 2026. The Assessment does not quantify a requirement for other town centre uses including leisure, restaurants and cafes. The study does however conclude that some of these uses are underrepresented in the town centre and an increased representation would contribute to the vitality and viability of the town centre.

5.3.35 The assessment recommended that the opportunity to re-occupy large vacant units and the potential for further improvements to the Charter Walk shopping centre should be explored before less central sites are considered. The study also included an assessment of the suitability of a number of sites within and adjacent to the Town Centre to accommodate the identified capacity. The former Pioneer, Curzon Street site within the Town Centre boundary was considered to be the most appropriate location to provide a comprehensive comparison retail and leisure development and this suggestion is proposed to be taken forward in the Local Plan.

5.3.36 Since the ROL Assessment was completed, a part of Charter Walk has been redeveloped creating larger floorplates by extending and utilising upper floors, and the large JJB store on St. James’ Street has been re-occupied, creating an additional 863 sq.m of retail space. There is capacity within Charter Walk to accommodate at least a further 1,800 sq.m of additional comparison floor space. This, together with the allocation of the Curzon Street site for a minimum of 1,500 sq.m of retail floorspace, will ensure that the needs for town centre comparison shopping uses are met in full.

5.3.37 Development proposals within Burnley Town Centre will need to take into account the impact on the provision of car parking spaces within the Town Centre in line with Plan’s Parking Standards and the Council’s Car Parking Strategy.

5.3.38 The 2013 ROL Assessment also identified a net requirement for additional office floorspace across the borough ranging from 5,936 sq.m to 28,310 sq.m. It concluded that it was difficult to assess what proportion of this should be distributed to Burnley and Padiham town centres, but that due regard should be given to the sequential approach set out in the NPPF and the requirement for such uses to be located within town centres. It recommended that the Council focuses upon improving the current Burnley town centre office provision.

Policy TC4: Development Opportunities in Burnley Town Centre

Development opportunities within Burnley Town Centre have been identified. These are shown on the Policies Map. Within these sites planning permission will be granted for a range of town centre uses, either as stand-alone uses or as a mix of uses, as indicated below:
Site Ref. Site Name  Area (ha)  Acceptable Uses
TC4/1 Former Pioneer,
Curzon Street
1.65 Mixed use development comprising or including A1 uses together with other A2, A3, A4, B1a, C1 or D2 uses. C3 and A5 uses would only be acceptable as an ancillary part of a mixed use scheme.
TC4/2 & EMP1/8 Thompson Centre 0.68 This site is located within Burnley Town Centre and would be suitable for a mix of B1(a), A2 and A3 uses. The site will be protected for B1(a), A2 and A3 uses (at ground floor) under Policy EMP2.
  1. See EMP1 for policy requirements.


TC4/1 – Former Pioneer, Curzon Street)                                   Site Area: 1.65 hectares

Former Pioneer, Curzon Street)©

The site is located within the Town Centre on the edge of the Primary Shopping Area and is suitable for a mix of retail, office and leisure uses comprising or including A1 uses together with other A2, A3, A4, B1a, C1 or D2 uses. C3 and A5 uses would only be acceptable as an ancillary part of a mixed use scheme.
Additional and Site Specific Policy Requirements and Design Principles
Uses
  1. A minimum of 1,500 sq.m (net) of A1 comparison floorspace must be included within the mix of uses.

Qua
lity and Design
  1. The site is located on a Key Gateway into Burnley Town Centre. Development will be expected to reinforce the site’s Key Gateway role. An opportunity exists to create a new townscape and a positive and appropriate relationship with surrounding buildings and spaces. A substantial building of high quality is envisaged to the north west corner of the site (a minimum of 3 storeys) addressing Active Way, with specific attention also given to the frontages to Active Way and Curzon Street to ensure an attractive and permeable edge to the town centre.
  2. Key buildings should use a palette of materials which includes high quality locally distinctive materials in accordance with Policy SP5. High quality suitable and complementary contemporary materials and designs may also be acceptable.
  3. The site is within an area at risk of flooding, the majority of it lying within Flood Zone 2. The layout and design of any development should take account of the recommendations of the Council's Strategic Flood Risk Assessment. Any development will need to be accompanied by a site specific Flood Risk Assessment in accordance with Policy CC4 and seek opportunities to reduce the overall level of flood risk in the area through the layout and form of the development and through the provision of an appropriate sustainable drainage scheme.
  4. The site has local archaeological significance. A formal programme of archaeological investigation is required including trial trenching and recording of surviving elements on site. Further investigation or recording works may be necessary dependent upon the results of the trial works.

Public Realm
  1. Proposals should contribute to an improved public realm consistent with the Burnley Town Centre Public Realm Strategy SPD with clear, safe and convenient pedestrian linkages to the existing Primary Shopping Area. Bank House Street is setted and this surface could be incorporated into the new public realm scheme and the scheme should incorporate the River Brun as a feature. To reduce flood risk, improve the quality of the River Brun and enhance the amenity value it brings to the town centre public realm, the opening up of the culverted section of the river within the site should be explored, taking account of the Council’s Strategic Flood Risk Assessment.
Supporting Information
  1. The River Brun crosses the site both as an open watercourse and in culvert. Proposals will need to take account of the easement requirements of the Environment Agency to provide unobstructed access to the open water course for inspection and maintenance.



The Weavers’ Triangle

5.3.39 The central section of the Canalside Conservation Area is known as the Weavers’ Triangle. This is an area with an immense sense of place, industrial scale and distinctive canal engineering covering 22 hectares and including 35 listed buildings, 35 locally listed buildings and 1 Scheduled Monument.64

5.3.40 Occupying a position above and to the south-west of the town centre, the Weavers’ Triangle represents the core section of the industrial canal length in Burnley where an impressive sequence of mills, weaving sheds and canal-related features enclose the 1.38 kilometre stretch of the Leeds & Liverpool Canal. This area is widely recognised as being one of the most important Victorian industrial districts in the North West. However this fine historic townscape has suffered greatly from economic decline which has resulted in neglect, low property values and lack of investment in the built fabric of the area.

5.3.41 The Weavers’ Triangle is a focus for heritage led regeneration, a long term process of change utilising the canal, historic buildings and location close to Burnley Town Centre to create a quality environment for new business investment, employment and leisure, living and learning opportunities that will have a lasting and significant impact on the economic future of the borough. A Public Realm Strategy SPD65 was adopted in 2011 and this establishes the key principles for the design of the public realm with an overriding purpose of ensuring a sensitive, coherent, high quality design future that stimulates the economic, social and cultural potential of the area. A Townscape Heritage Initiative (THI)66 supported by the Heritage Lottery Fund has been instrumental in unlocking the potential of the area as a unique and vibrant historic quarter, and has worked with private sector partners to:

  • Bring vacant and underused heritage assets back into economically viable uses.
  • Provide quality repairs; reinstatement of architectural features; and enveloping works to heritage assets in advance of their rehabilitation.
  • Enhance the settings of key historic buildings through land reclamation, the restoration and upgrading of the canalside environment, public art, historic street surfaces and other features in the public domain in which new building and further private restoration can continue.

5.3.42 Regeneration within the Weavers’ Triangle will continue to evolve as remaining undeveloped sites and heritage assets are brought forward. New development will be expected to positively address its waterfront location; create a positive and appropriate relationship with surrounding buildings and spaces by respecting the form, scale and materials of the surrounding historic townscape; and be of high design integrity consistent with Policy SP5.

5.3.43 Development should positively address the significance of heritage assets, including their settings, within and adjacent to this site which should be conserved and, where possible, enhanced consistent with Policy HE2 and HE3.

Appropriate uses within the Weaver’s Triangle

5.3.44 The area currently includes a wide range of uses; education, residential, employment, leisure, food and drink and retail.

5.3.45 The area falls outside the Burnley Town Centre boundary where town centre uses such as retail, office and leisure should be focussed in accordance with Policy TC2. However, given the unique setting, scale and importance of the Weavers’ Triangle for the regeneration of the town and the need to ensure viable uses for the area’s historic buildings, a flexible approach to an overall mix of uses will be adopted in accordance with Policy TC5. This policy only addresses uses, development proposals will need to address all other policy requirements including SP5, HE2 and HE3.

Policy TC5: Uses within the Weavers’ Triangle

1) The Council will work to secure a vibrant and sustainable mix of uses within the Weavers’ Triangle as defined on the Policies Map.

2) A mix of uses including residential and town centre uses (as defined in the NPPF) will be supported subject to applications for main town centre uses being accompanied by a planning statement setting out why the proposals should be seen as an exception to the sequential approach set out in Policy TC2 by virtue of :
  1. Their close association with the heritage of the Weavers’ Triangle; or
  2. Their contribution to securing the viable future of a heritage asset.

3) Development must be of a type and scale that would not undermine the overall town centre first approach and in particular, the Primary Shopping Area. Proposals for retail development above the thresholds set out in Policy TC2 (6) will require an Impact Assessment as set out in Policy TC2 (5).

4) In all cases proposals will be expected to be consistent with relevant design and heritage policies.

District Centres

5.3.46 The NPPF in Section 8: Promoting Healthy Communities, requires local authorities to plan positively for shared space and community facilities such as local shops, meeting places, sports venues, cultural facilities, public houses and places of worship and other local services to enhance the sustainability of communities and residential environments. They should also guard against the unnecessary loss of valued facilities and services, particularly where this would reduce the community’s ability to meet its day-to-day needs; ensure that established shops, facilities and services are able to develop and modernise in a way that is sustainable, and retained for the benefit of the community; and ensure an integrated approach to considering the location of housing, economic uses and community facilities and services.

5.3.47 Policy TC6 together with Policies EMP4 and 5 and Policy IC5 reflect these aspirations.

5.3.48 The 2006 Local Plan identified three District Centres and nine Local Centres. These suburban retail facilities are an important part of the shopping provision in Burnley and complement the retail, leisure and service provision in the town centres. However, they vary considerably in scale, role and function and have over recent years faced particular challenges in adapting to changing retail patterns. To inform the preparation of the new Local Plan the Council has reassessed the role, scale and function of the twelve centres and identified those which it considers fulfil the role of multi-functional district centres which are and should remain the focus for local services and retailing.

Policy TC6: District Centres

1) Within and adjacent to the District Centres as defined on the Policies Map, development for appropriate commercial and community uses will be considered acceptable in principle providing that it satisfies other policies elsewhere in the Plan, and:
  1. It is of an appropriate scale in relation to the centre; and
  2. It does not unreasonably harm the amenities of local or adjoining residents or users.

2) Development which involves the loss of existing commercial and community uses in District Centres will only be supported where:
  1. Redevelopment does not prejudice the lawful operating conditions or viability of adjacent land uses; and either:
    1. It would resolve an existing conflict with adjoining residents or users; or
    2. It is demonstrated through comprehensive marketing of the premises/land for at least 12 months that the continued use of the premises/land for commercial use is not viable.

Hot Food Takeaways

5.3.49 Hot food takeaways represent a popular service for local communities and an important complementary use in Town and District Centres. They can also offer important economic development and employment opportunities. Nevertheless, it is recognised that hot food takeaways have a greater potential than retail uses to create disturbance and detract from residential amenity and environmental quality.67The degree of impact depends on a number of factors including the size of the proposed outlet, its target market and opening hours; premises may be closed during the day which results in inactive frontages or cause disturbance by opening late at night.

5.3.50 Hot food takeaways are often associated within unhealthy lifestyles. They do not directly cause obesity, but the majority of premises offer food which is energy dense and nutritionally poor, which can contribute to causing obesity.

Policy TC7: Hot Food Takeaways

Location

1) Proposals for hot food takeaways will only be permitted in the following areas:
  1. Within the areas of Secondary Frontage of Burnley Primary Shopping Area;
  2. Within Padiham Town Centre; or
  3. Within in a defined District Centre.

2) Outside of these areas hot food takeaways will normally only be permitted where the property does not physically adjoin residential properties or other sensitive uses outside of the applicant’s control.

3) Proposals for hot food takeaways will only be permitted in the locations set out above where they satisfy other relevant policies of the Plan and the following criteria:

Clustering
  1. The proposal will not create an unacceptable concentration of similar uses in Burnley Secondary Frontage or Padiham Town Centre;

Amenity
  1. The proposal will not cause detriment to the free flow of traffic or residential amenity;

Accessibility and Parking
  1. The location of the proposal is accessible by walking, cycling and public transport;
  2. They provide or are served by adequate parking spaces;

Extraction of Odours
  1. They provide for appropriate extraction systems to effectively disperse odours.68 Such systems must:
    1. have minimal impact on visual amenity, including location and external finish;
    2. be acoustically attenuated; and
    3. not have an unacceptable impact on the amenity of neighbouring occupiers;

Waste
  1. Their waste provision is appropriate to the scale and type of premises; and
  2. They provide appropriately sited bins for customers to use.
  3. When determining the appropriate hours of opening, regard will be had to:
    1. the likely impacts on residential amenity;
    2. the existence of an established late night economy in the area; and
    3. the character and function of the immediate area, including existing levels of background activity and noise.
4) Where appropriate, restrictions will be placed on opening hours through the use of planning conditions.

Shopfront & Advertisement Design

Shopfronts

5.3.51 The character, appearance and image of the borough’s towns is a fundamental part of their attractiveness as destinations for shopping and leisure.

5.3.52 The character and appearance of towns is derived from their layout, the appearance of the buildings and spaces and the quality and design of shopfronts and advertisements. The relatively small size of the borough’s towns renders them vulnerable to insensitive alteration and poor quality new development.

5.3.53 The purpose of a shopfront is to display goods for sale and to entice customers into the shop. An attractive and well-designed shopfront will create a good impression to potential customers. The shopfronts we value today did not come about by accident. Their design was deliberate to entice shoppers in, whilst following the politics and stylistic fashions of the day and also the technological limitations. Poorly designed new shopfronts and the widespread use of inappropriate materials and standardised designs has led to a loss of local distinctiveness. The facades of other commercial buildings such as banks, solicitor’s offices, pubs and hotels, generally survive much better and are more immune to changes in fashion.

5.3.54 Shopfronts should be designed to respect the building within which they sit and the character of the area/streetscene. This is particularly important in historic buildings and areas, where traditional shopfronts should normally be retained or reinstated as would be insisted upon for listed buildings and traditional buildings in Conservation Areas in accordance with Policy HE2.

5.3.55 Shopfront security measures such as or grilles or shutters should normally be positioned behind the glazing, minimising any restriction of views into the shop. These are readily available as roller shutters or a variety of open lattice type grilles or ‘transparent curtains’ in the form of roller shutters or retractable gates.

5.3.56 The use of solid or solid looking metal shutters is unacceptable as they convey the image that the area is in decline. They can attract graffiti and prevent window-shopping. Where allowed, external grilles and shutters should be of the latticed grille type or with vision panels.

5.3.57 Consideration must be given to ensuring shops are accessible to all users wherever practicable. A licence will be required from the highways authority for any object which projects over the public highway.

Advertisements

5.3.58 The term ‘advertisement’ covers a wide range of advertisements and signs including, but not limited to; posters and notices, placards and boards, fascia signs and protecting signs, pole, canopy, directional and flag advertisements.

5.3.59 The provision of high quality outdoor advertising is an essential for businesses and has a practical purpose of providing information about, goods, events and premises. Attractive signage can also add interest and vitality to the street scene in town centres. However, by their very nature advertisements are designed to attract attention and are frequently displayed in prominent positions, and the over-use of advertisements, or their inappropriate location, design and/or illumination can have significant detrimental impacts on visual amenity, highway safety and can defeat its function.

5.3.60 The Council’s level of control for over adverts is limited to their effect on amenity and public safety and not all adverts need consent.69 Amenity is defined as both the visual and aural amenities of advertisements. Public safety principally relates to the dangers to road users, such as obstructions to sight lines or illuminated signs causing glare. Where consent is required, the Council will carefully consider proposals for advertisements and illumination, particularly in areas largely residential in character where advertisements are not part of the established scene and also within the historic built environment

5.3.61 Shop signs should normally be positioned within the fascia. Wall-mounted or projecting signs above fascia level are only acceptable if they are of high quality, are not overbearing and can be satisfactorily accommodated without obscuring key architectural features.

5.3.62 Where illumination of signs is considered acceptable, appropriate external illumination such as halo lighting, carefully designed trough lighting or correctly spaced and designed spot lights is normally required. Large spotlights and ‘swan necks’ and internally illuminated box signs should be avoided.

5.3.63 The Council will develop a Shopfront and Advertisement Design Guide Supplementary Planning Document (SPD) which will set out further guidance to help owners understand how to achieve high quality shopfront and advertisement designs and the required standards set out in Policy TC8 below. This SPD will be a material consideration in the determination of relevant applications and will replace the existing Shopfront Security Shutters SPG.

Policy TC8: Shopfront & Advertisement Design

1) The design of new or alterations to existing shopfronts and advertisements should satisfy the following criteria:
  1. The design is appropriate to the character of the existing building and streetscene in terms of in its size, detailing and use of materials;
  2. Traditional materials such as timber or cast metal will be favoured.PVC or other plastics will not be permitted on listed buildings or traditional building within conservation areas in accordance with Policy HE2;
  3. Blinds and canopies, where acceptable in principle, must be appropriate to the character of the shopfront and its setting. Only fully retractable canvas or wooden blinds will bsupported on listed buildings and traditional building within conservation areas in accordance with Policy HE2;
  4. Wherever practicable, shopfronts must be designed to ensure equal access for all users;
  5. Inset entrances should be glazed and well-lit to contribute to the attractiveness, safety and vitality of the area and avoid blank frontages to the street;
  6. Security matters should be considered from the earliest design stages. Security shutters and grilles should be internal where possible and external solid security shutters will not normally be permitted; and
  7. The size, design, positioning, materials and degree of illumination of advertisements does not have an unacceptable adverse impact on the amenity of the areas in which they are displayed and there is no adverse effect on public safety; in particular:
    1. Fascias should not cut across or obscure first floor windows and advertisements and on shopfronts should normally be positioned within the fascia. Additional or alternative wall-mounted or hanging signs at or above fascia level are only acceptable if they are of high quality, are not overbearing and can be satisfactorily accommodated without obscuring key architectural features. Imaginative and craft signwork will be supported and encouraged; and
    2. Any illumination of shopfront or advertisements where agreed to be acceptable must be sited and designed so as not to cause excessive light pollution or visual intrusion into adjoining or nearby residential properties. Flashing internal or external signs will not be permitted.

Policies in this Section

HE1: Identifying and Protecting Burnley’s Historic
Environment
HE3: Non-Designated Heritage Assets
HE2: Designated Heritage Assets: Listed Buildings; Conservation Areas; and Registered Parks and Gardens HE4: Scheduled Monuments and Archaeological Assets



57 Padiham Retail Update, March 2014 – Nathaniel Lichfield & Partners

58 Paragraph 23

59 Paragraph 23

60 See NPPF Glossary: These are Retail development (including warehouse clubs and factory outlet centres); leisure, entertainment facilities, the more intensive sport and recreation uses (including cinemas, restaurants, drive-through restaurants, bars and pubs, night-clubs, casinos, health and fitness centres, indoor bowling centres, and bingo halls); offices; and arts, culture and tourism development (including theatres, museums, galleries and concert halls, hotels and conference facilities).

61 Thresholds were recommended as part of the Retail, Leisure and Office Assessment 2013 (NLP)

62 This requirement does not apply to small scale rural or local uses (Policies EMP4 and EMP5). Separate policy provisions also apply in District Centres - Policy TC6 and for uses in the Weavers’ Triangle - Policy TC5

63 The Town and Country Planning (General Permitted Development) (England) Order 2015, as amended

64 The Canalside Conservation Area Appraisal and Management Plan provides a detailed assessment of the elements that define the special interest, character and appearance of the Conservation Area and sets out a Management Plan for its preservation and enhancement

65 Public Realm Strategy for Weavers’ Triangle SPD Adopted by Burnley Council 20th September 2011

66 There are currently 39 licensed hot food takeaways within the borough (as of May 2016)

67 Completed by November 2015

68 Extraction equipment must at least meet the minimum standards set out in the guidance on control of odours and noise produced by the Department of Environment, Food and Rural Affairs (DEFRA) or other superseding standards

69 advertisement controls are set out in The Town and Country Planning (Control of Advertisements) (England) Regulations, 2007




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