17.2 Explanation

Policy K1 - Land to the South and West of Priory Business Park

Policy K1 allocates land south and west of Priory Business Park, Kibworth Harcourt for a mix of business and light industrial development (Use Classes B1a, B1b, B1c, B2).

The proposed allocation is the same site as Manor Oak Homes' outline planning permission (Ref: 16/00286/OUT) for up to 11,368m² of commercial/industrial floorspace, up to 882m² of office floorspace and up to 294m² of retail floorspace.
Manor Oak Homes fully support the proposed allocation of their land for employment development, but consider that amendments are required to the policy and supporting text to ensure that it accurately reflects the provisions of the permitted scheme and would result in a viable scheme that meets the needs of the market.

Manor Oak Homes wish to raise concern regarding the following elements of the proposed policy and its supporting text:
* No provision is made for A1 retail floorspace; and
* Paragraph 17.2.5 seeks to restrict the size of the proposed B1b/B1c/B2 units.

Retail Floorspace

The permitted scheme includes an element of retail floorspace totalling 240m², but despite this Policy K1 does not propose to allocate the site for any A1 retail use. Manor Oak Homes are therefore very concerned regarding the omission of retail use from the proposed policy as this could constrain the delivery of its consented development.

Manor Oak Homes' outline planning application was accompanied by a Retail Statement which includes a health check report of the Principal Shopping Area of the Kibworths and confirms that the centre is healthy, and able to withstand any minor impacts of the proposed store with no threat to the overall vitality or viability of the centre. The application was also supported by evidence from a Public Exhibition held to publicise the proposals at which local residents raised the limited provision of local shopping as an issue that needed resolving.
It is therefore considered that there is no justified reason why the Council should seek to restrict the approved retail uses and we request that the policy is amended to include retail use as part of the allocation.

It is also worth noting at this stage that detailed plans for the approved retail use are currently being drawn-up as our client has received interest from several parties to provide a food store on the site. The provision of this store may require a fresh planning application on the site, however, as the currently interested parties would seek more floorspace than currently approved. In including retail use within the policy, we therefore request that the Council include a degree of flexibility on the level of floorspace allocated to allow for increased provision if required. We note that draft Policy RT2 - Town and Local Centres requires a sequential test for the development of main town centre uses outside of town centres and an impact assessment for development of town centre uses of, or in excess of, 500m² gross floorspace. In this context, we do not consider it necessary for Policy K1 to restrict the allocated retail floorspace as this will be effectively controlled through the development management process.

Size of Units

The supporting text to the policy at paragraph 17.2.5 states that the allocation is for the "Provision of approximately 12,500sq.m of business floorspace in units ranging from 48sq.m to 140sq.m". The size of the units specified in this paragraph is not in accordance with the permitted scheme and does not meet the needs of the market:
* The permitted scheme, although indicative, proposed 28 No. B1b/B1c/B2 units totalling up to 11,375m² and the indicative layout shows units ranging in size from circa 100m² to circa 900m². Furthermore, Condition 14 of the consent refers specifically to 28 employment units as having been approved. It is not possible to achieve the approved level of B1b/B1c/B2 floorspace in 28 units ranging from 48m² to 140m². To be in accordance with the proposed policy, the reserved matter application would therefore need to greatly increase the proposed number of units from 28 to over 100.
* The outline planning application on the site was supported by an Industrial Market Overview produced by Wells McFarlane which demonstrates that the most popular size for industrial units in the area is between 111m² and 279m². In addition to this, evidence was submitted from a business based at Priory Business Park, demonstrating a specific need for units of over 1,000m². Manor Oak Homes are currently preparing a reserved matters application for phase 1 of the approved scheme which would deliver commercial units ranging in size from 101m² to 930m², with the majority of units being under 300m² and a handful of larger units to meet specific needs.

This proposed mix of units to be submitted with the forthcoming reserved matters application represents a viable development that meets the needs of the market. It would clearly not be a realistic proposition for the development to provide over 100 units ranging in size from 48m² to 140m². There is insufficient market demand in the Kibworths to support this number of small units, which would render the scheme unviable and undeliverable. We therefore recommend that the policy is amended to reflect the proposed range of unit sizes soon to be submitted for reserved matters approval.

-Soundness In its current form, Manor Oak Homes do not consider Policy K1 to be sound when considered against the tests of Paragraph 182 of the NPPF for effectiveness and consistency with national policy:

* Effectiveness: The policy would not result in a viable development and is therefore considered undeliverable and ineffective.

* Consistency with national policy: NPPF Paragraph 20 requires local planning authorities to plan proactively to meet the development needs of business and Paragraph 173 requires plans to be deliverable and states that sites identified in the plan should not be subject to such a scale of policy burdens that their ability to be developed is threatened. The policy in its current form does not meet the needs of local businesses and places restrictions in terms of the size of the proposed units and the omission of retail uses from the allocation that threaten the ability of the permitted scheme to be developed. Policy K1 is not therefore in accordance with national policy.