Planning Statement Unit 4, Livingston South Retail Park - Section 42 application and detailed planning application for a Class 1 retail extension ...
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Planning Statement Unit 4, Livingston South Retail Park Section 42 application and detailed planning application for a Class 1 retail extension of 331 sqm and external physical works On behalf of Almondvale Limited January 2021
Client: Almondvale Limited Report Title: Planning Statement
Contents
1. Introduction............................................................................................................................................................ 1
2. Livingston South Retail Park .................................................................................................................................. 2
3. The Proposals ......................................................................................................................................................... 4
4. Planning History...................................................................................................................................................... 5
5. The Development Plan and Other Material Considerations............................................................................. 6
6. Planning Assessment ............................................................................................................................................. 8
7. Conclusions ...........................................................................................................................................................10
Appendices
Copy of planning permission 0466/00 including approved 'full development site layout' plan
Prepared By: Rob Newton
Status: Final
Draft Date: January 2021
For and on behalf of Avison Young (UK) Limited
Date: January 2021
Client: Almondvale Limited Report Title: Planning Statement
1. Introduction
1.1 This Planning Statement (‘statement) has been prepared by Avison Young on behalf of Almondvale Limited
(‘the applicant’) in respect of two linked planning applications as follows:
“Planning application under Section 42 of the Town & Country Planning (Scotland) Act 1997 for non-
compliance with condition 4 of planning permission 0466/00 to allow unrestricted Class 1 retail sales at Unit 4,
Livingston South Retail Park.”
“Detailed planning application for a Class 1 retail extension of 331 sqm and external physical works to Unit 4,
Livingston South Retail Park”.
1.2 Unit 4 at Livingston South Retail Park (‘the retail park’) will shortly become vacant following the relocation of
Home Bargains to unit 2 of the park. Following this, and as part of asset management proposals for the retail
park, the proposal is that Iceland will take up occupation of unit 4 and trade their Food Warehouse format. To
accommodate this proposal, these linked applications are submitted to allow unrestricted Class 1 retail sales
from unit 4, as well as a modest side extension to the unit and associated external physical works.
1.3 The remainder of this statement is set out as follows:
• Section 2: Livingston South Retail Park
• Section 3: The Proposals
• Section 4: Planning History
• Section 5: The Development Plan and other Material Considerations
• Section 6: Planning Assessment
• Section 7: Conclusions
Date: January 2021 Page: 1Client: Almondvale Limited Report Title: Planning Statement
2. Livingston South Retail Park
2.1 Livingston South Retail Park is situated to the immediate south of Almondvale Road, in Livingston Town Centre.
As set out in the plan below, it currently comprises four retail and two food & beverage units as follows:
• Unit 1 – Sainsbury’s foodstore with petrol filling station
• Unit 2 – currently vacant (former TJ Hughes stores) but to be occupied by Home Bargains
• Unit 3 – Sports Direct
• Unit 4 – Home Bargains (shortly relocating to unit 2)
• KFC
• Frankie & Benny’s
2.2 As shown on the plan above, land remains undeveloped adjacent to the current Home Bargains unit and the
original planning permission for the retail park (Reference 0466/00) allowed for additional retail units at this
location; please refer to the approved site plan at appendix 1 in this regard.
2.3 Customer access is taken directly off Almondvale Road and the retail park is served by surface level car
parking. Service access is segregated from the customer access and is taken off Dedridge North Road. Bus
stops are conveniently located on Almondvale Road just beyond the north eastern corner of the retail park
and are connected via pedestrian routes and crossings.
Date: January 2021 Page: 2Client: Almondvale Limited Report Title: Planning Statement
2.4 The plan below shows the retail park in context with other shopping facilities which overall form part of
Livingston Town Centre.
Date: January 2021 Page: 3Client: Almondvale Limited Report Title: Planning Statement
3. The Proposals
3.1 As set out in section 1, linked planning applications are being submitted as part of on-going asset
management proposals for the retail park and specifically in respect of unit 4, which will become vacant
following Home Bargains’ relocation to unit 2.
3.2 The intention is that the applications will ultimately help facilitate the occupation of what would otherwise be
a significant void at the retail park following Home Bargains’ relocation. This investment will therefore help to
strengthen the attractiveness and popularity of the retail park, together with that of Livingston Town Centre,
within which the retail park is located.
3.3 As set out earlier, the intention is that Iceland will take occupation of unit 4 and operate their Food Warehouse
format. This format takes the same product lines from a traditional Iceland store and extends them in a
warehouse space, thereby giving customers the ability to buy in-bulk. These premium quality product lines are
also complimented by a limited general merchandise offer that benefits regular shoppers. The products to be
sold will comprise:
• Luxury frozen food
• Chilled food
• Large pack groceries
• Produce
• General Merchandise
3.4 Given the above requirements, Livingston South Retail Park is clearly well suited to provide the type of high
quality warehouse style fit-out required by Iceland to operate this format. As it relates to unit 4, a modest side
extension is also required on land that already benefits from an extant planning permission for further Class 1
retail development.
3.5 To deliver these proposals, the s42 application is required to allow the sale of unrestricted Class 1 retail goods
from unit 4. At present, the sale of food goods is restricted to only 30% of this unit and this s42 application is
therefore required for non-compliance with the terms of this restriction. This is addressed in detail within sections
4 to 6 of this statement. As noted above, the detailed application is required to deliver a modest side extension
of 331 sqm on land with an extant permission for further Class 1 retail development, together with minor
physical works to improve the appearance of the unit frontage and for operational purposes. These works are
fully articulated on the architectural plans submitted with the detailed planning application.
Date: January 2021 Page: 4Client: Almondvale Limited Report Title: Planning Statement
4. Planning History
4.1 Planning history is particularly relevant to the determination of both applications and is described below.
4.2 Planning permission for the retail park was first granted in 2000 (reference 0466/2000) and a copy of the
permission is attached at appendix 1. A copy of an approved site layout plan associated with this permission
is also attached at appendix 1. The plan shows that land which is subject to this application for an extension
to unit 4 already benefits from permission for further Class 1 retail units which have not yet been built. The
principle of extending unit 4 is therefore established through extant planning history.
4.3 Moving onto matters of use, condition 4 of that permission states that, “The uses at Units 1-10 shall be restricted
to those falling within Class 1 of the Town and Country Planning (Use Classes) (Scotland) Order 1989, with the
added proviso that none of these units shall trade in the sale of food, other than as ancillary to the
predominant use of the building.”
4.4 Two applications under s42 of the Act have since been granted by West Lothian Council (‘the council’) in 2009
and 2010 (references 0547/FUL/09 and 0661/FUL10). The 2009 permission was to allow the conversion of unit 1
from a Homebase to a Sainsbury’s foodstore. The 2010 permission was to allow the sale of food from 30% of
unit 4 for Home Bargains.
4.5 The Handling Report for both applications are worth noting, in particular the ’conclusions and reason for
decision’. Permission was granted in both cases on the basis that,
• The site is located within the Livingston Town Centre boundary as defined within the development plan.
• The original permission restricted the retail use of the retail park to non-food sales only as it was not located
within the defined town centre boundary at that time.
• With the expansion of the town centre boundary to include the retail park, the principle of a Class 1 food
retail use is acceptable and accords with the development plan and national planning policy, provided
there is satisfactory car parking and access/junction arrangements for the site.
• Issues of competition between food retailers within an allocated town centre are not material planning
matters.
4.6 More recently, a s42 application (reference 0412/FUL/20) was approved last year to allow the sale of food
goods from unit 2 that will facilitate Home Bargains’ relocation. The report of handling refers to the above
planning history and concludes that the sale of food within the retail park is in accordance with the
development plan allocation for the site. Planning permission was granted unconditionally on this basis.
Date: January 2021 Page: 5Client: Almondvale Limited Report Title: Planning Statement
5. The Development Plan and Other Material
Considerations
5.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 (as amended) requires that planning
applications are determined in accordance with the Development Plan unless other material considerations
indicate otherwise.
5.2 The statutory development plan for the site comprises the South East Scotland Strategic Development Plan
(approved June 2013) and the West Lothian Local Development Plan (‘the LDP’) (adopted September 2018).
For the purposes of determining both applications, we have focussed on the LDP.
5.3 An extract of the LDP proposals map is reproduced below. Livingston Town Centre is defined by the blue line
below and within which Livingston South Retail Park is located.
Livingston South Retail Park
5.4 In terms of the hierarchy of Town Centres within West Lothian, Figure 6 of the LDP (page 36) confirms that
Almondvale, Livingston (as defined above) is the ‘Sub Regional Centre’ and therefore functions as the primary
shopping centre (paragraph 149).
Date: January 2021 Page: 6Client: Almondvale Limited Report Title: Planning Statement
5.5 Policy TCR1 Town Centres states that, “Proposals for retail, offices, business, community, leisure and recreation,
visitor locations and higher density residential uses will be supported in the sub-regional centre and identified
town centres where it can be demonstrated that the proposal is of the scale and type commensurate to the
centre’s role as set out in the network of centres (Figure 6)”.
5.6 The sub regional centre’s role is defined in figure 6 as follows, “Serves council-wide catchment and beyond as
sub regional centre to the Lothians in terms of comparison and convenience shopping. Major visitor destination
and includes the Civic Centre. Provides an extensive range of shops, services, leisure activities and community
facilities. Contains West Lothian’s main bus interchange”.
5.7 Policy TCR 2 Town Centres First Sequential Approach states that, “New retail, commercial leisure, visitor
attractions, offices, community and cultural facilities and other developments appropriate to town centres
should be located in accordance with the following sequential approach, depending on the availability of
suitable opportunities: ‘Town Centres’ Within an identified town centre as defined on the proposals map and
in accordance with the town centre policy”.
5.8 Policy TRAN 1 Transport Infrastructure states that development will only be permitted where transport impacts
are acceptable and that parking levels shall conform to the council’s current adopted standards.
5.9 In terms of material policy considerations, Scottish Planning Policy advocates a ‘town centre first’ policy when
planning for uses which attract significant numbers of people, including retail. The ‘Policy Principles’ (at
paragraph 60) state that the planning system should ensure development plans and decision making support
successful town centres. Under the heading ‘Development Management’, it continues (from paragraph 70
onwards) that decisions on development proposals should have regard to the network of centres and the
sequential approach. As outlined above, the application site is located within a defined town centre and in
this particular case, is identified as the sub regional centre within West Lothian’s hierarchy of centres. As with
LDP policy, SPP states that new development in a town centre should be of a scale which is appropriate to
that centre.
5.10 With regards to the application for physical works, LDP policy DES 1 Design Principles requires all development
proposals to take account of and be integrated with the local context and built form.
Date: January 2021 Page: 7Client: Almondvale Limited Report Title: Planning Statement
6. Planning Assessment
Section 42 application
6.1 Annex I of Circular 3/2012 Development Management Procedures, sets out Scottish Government policy in
relation to applications under Section 42 of the Act. It states that Section 42 of the Act applies to applications
for a new planning permission for a development but with different conditions from those attached to a
previous permission for that development.
6.2 Paragraph 5 onwards deals with ‘Determining a Section 42 application’ and states that planning authorities
“may consider only the issue of the conditions to be attached to any resulting permission”.
6.3 This application is for non-compliance with condition 4 of planning permission 0466/2000 which currently
restricts the sale of food from unit 4 other than for ancillary purposes. Whilst planning permission has previously
been granted for the sale of food from unit 4 (reference 0661/FUL/10), this was restricted to 30% of the retail
floorspace and is not therefore enough to accommodate Iceland’s requirements.
6.4 As set out in the planning history section of this statement, the original permission was restricted to non-food
sales only as the retail park was not located within the town centre boundary as defined within the
development plan at that time.
6.5 Section 5 of this statement confirms that the retail park is located within the town centre boundary for Livingston
and which is also the Sub Regional Centre within West Lothian’s retail hierarchy.
6.6 The sale of unrestricted Class 1 retail goods from unit 4 would be entirely consistent with the policy aims of TCR
1 Town Centres and TCR 2 Town Centres First Sequential Approach, where proposals for retail uses will be
supported in, and directed to (in the first instance), the sub-regional centre. It would also be commensurate
with the centre’s role as defined in the LDP (at figure 6), which is to serve a council-wide catchment and
beyond as sub regional centre to the Lothians in terms of comparison and convenience shopping.
6.7 Furthermore, the approval of this application would be consistent with the approach already adopted by the
Council for other similar s42 applications at the retail park, as described in section 5 of the statement.
6.8 A transport statement is submitted with the application and demonstrates that the effect of granting this s42
application to allow unrestricted Class 1 retail sales from unit 4 would not result in any unacceptable transport
impacts and that sufficient parking levels would remain in place at the retail park. The application is therefore
consistent with the aims of LDP policy TRAN 1.
6.9 The LDP policy analysis above equally applies to other material policy considerations, namely Scottish Planning
Policy. In summary, the application finds support from SPP in that it would support the national policy principle
of a ‘town centre first’ approach to retail uses.
6.10 As a matter of policy, conditions should only be imposed where they satisfy the six tests as described within
Planning Circular 4/1998 (the use of conditions in planning permissions), the first of these being that there is a
need for the condition. In light of our assessment of the application against the development plan and other
Date: January 2021 Page: 8Client: Almondvale Limited Report Title: Planning Statement
material policy considerations, it is our submission that the restrictions imposed by condition 4 are no longer
necessary and planning permission should therefore be granted.
Detailed application for a 331 sqm Class 1 retail extension and physical works to
unit 4
6.11 The principle of a Class 1 retail extension to unit 4 as proposed is entirely supported by development plan
policy and other material policy consideration. We would refer to the planning assessment above in support
of the s42 application in this regard. The principle is also supported by extant planning history as set out in
section 4 of this statement.
6.12 The same applies in respect of considering the extension proposals against LDP policy TRAN 1 and again, we
would refer to the assessment provided above and in the transport statement submitted.
6.13 With regards to LDP policy DES 1 Design Principles, the minor physical works to unit 4 take account of, and
would satisfactorily integrate with, the local context and existing built form of the retail park.
6.14 Finally, the drainage report submitted demonstrates compliance with the requirements of LDP policies EMG 2
Flooding and EMG 3 Sustainable Drainage, as well as Supplementary Guidance on Flooding and Drainage.
Date: January 2021 Page: 9Client: Almondvale Limited Report Title: Planning Statement
7. Conclusions
7.1 Unit 4 will shortly become vacant with the relocation of Home Bargains to unit 2.
7.2 The proposals are that Iceland will occupy unit 4 and operate their Food Warehouse format.
7.3 Linked planning applications are being submitted as part of on-going asset management proposals for the
retail park and specifically in respect of unit 4.
7.4 The intention is that the applications will ultimately help avoid a significant void at the retail park that would
otherwise arise with the relocation of Home Bargains to unit 2. This investment will therefore help to strengthen
the attractiveness and popularity of the retail park, together with that of Livingston Town Centre (within which
the retail park is located).
7.5 An s42 application is required to remove unnecessary restrictions on the sale of food goods from unit 4 and to
allow unrestricted sales to accommodate the Iceland Food Warehouse format.
7.6 Two s42 applications have already been granted by the council to allow the conversion of unit 1 from a
Homebase to a Sainsbury’s foodstore and sale of food from 30% of unit 4 for Home Bargains. These applications
were granted on the basis that the retail park is now located within the Livingston Town Centre boundary as
defined in the development plan. More recently, a s42 application (reference 0412/FUL/20) was approved
last year to allow the sale of food goods from unit 2 that will facilitate Home Bargains’ relocation and
concluded that the sale of food within the retail park is in accordance with the development plan allocation
for the site. Planning permission was granted unconditionally on this basis.
7.7 The sale of unrestricted Class 1 retail goods from unit 4 would be entirely consistent with the policy aims of LDP
policies TCR 1 Town Centres and TCR 2 Town Centres First Sequential Approach, where proposals for retail uses
will be supported in, and directed to (in the first instance), the sub-regional centre. It would also be
commensurate with the town centre’s role as defined in the LDP.
7.8 Furthermore, the approval of this application would be consistent with the approach already adopted by the
Council for other similar s42 applications at the retail park.
7.9 In light of our assessment of the application against the development plan and other material policy
considerations, it is our submission that the restrictions imposed by condition 4 of permission 0466/FUL/00 are
no longer necessary and planning permission should therefore be granted to allow the unrestricted sale of
Class 1 retail goods from unit 4.
7.10 The same conclusions can be drawn in relation to the detailed planning application for a Class 1 retail
extension of 331 sqm to unit 4, where development plan policy and other material policy considerations are
fully supportive for the reasons summarised above. The principle of further retail development at this location
is also supported by extant planning history for the retail park, namely permission 0466/FUL/00.
7.11 We respectfully request that both applications are granted planning permission by West Lothian Council and
would invite you to contact Rob Newton at Avison Young with any related queries.
Date: January 2021 Page: 10Planning Permission 0466/00 & approved ‘full site development layout’ plan
Contact Details Enquiries Rob Newton 0131 469 6019 robert.newton@avisonyoung.com Visit us online avisonyoung.co.uk Avison Young 3 Brindleyplace, Birmingham B1 2JB © 2020 Avison Young (UK) Limited
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