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7.1 Town centres play an important role in supporting local economic growth and encouraging investment. An attractive, diverse and accessible town centre will attract people to use its shops and services, supporting new investment and jobs. This Local Plan aims to maintain the shopping function of the town centres and support proposals which enhance their respective roles within the town centre hierarchy, as set out in the Structure Plan. Proposals will also be encouraged which diversify the range of uses in the town centres without compromising the shopping function, particularly uses which make the town centre more attractive to residents, employers, shoppers and visitors.

7.2 The policies within this chapter will only be applicable within the town centre boundaries of Leamington Spa, Warwick and Kenilworth as defined on the Proposals Map. It should be noted, however, that all relevant Urban Area Policies (Chapter 6) should also be read in conjunction with these policies. Policies within the Town Centre chapter will however be given greater weight when determining development proposals in these locations.

Context

7.3 Warwick District has a range of shopping and service centres which seek to meet the needs of its people. At the heart of this are the three town centres of Leamington Spa, Warwick and Kenilworth. Each of these centres is distinct.

7.4 Royal Leamington Spa town centre is the only sub regional shopping centre in the district. This is reflected by its identification in the Regional Spatial Strategy (RPG11) as a strategic town centre in Policy PA11. It has a wide range of quality shops ranging from department stores and national outlets through to specialist independent shops. Leamington's attraction as a shopping destination comes both from this range of shops and from its historic Regency character. Most of the town centre lies within a conservation area and the town centre contains the Pump Rooms and the Jephson Gardens, both of which have been recently restored. Leamington town centre also includes the smaller Old Town shopping area south of the River Leam. This area contains a range of local and specialist shops, many of which are independent, together with a range of restaurants. This area has seen considerable investment over recent years as part of a Single Regeneration Budget programme co-ordinated by Regenesis.

7.5 Warwick town centre with its mediaeval street pattern fulfils the dual role of being a local shopping centre for the people of Warwick and serving a tourist market attracted in large part by the castle. Building on its tourist potential, the town has an established reputation as a centre for antique shopping, and in more recent times is seeing a growth of niche shopping, cafés, bars and restaurants. A number of these are focussed around Warwick Market Place which was enhanced and extensively pedestrianised in 2000 1999.The town centre actually contains three shopping areas, the main area focussing on Swan and Market Streets, Smith Street to the east and the much smaller West Street to the south west.

7.6 Kenilworth town centre offers a range of local shops for people of Kenilworth, including being a main food shopping destination. It includes the Abbey End shopping parade (which has recently seen some environmental enhancement) at the northern end and at its heart the pedestrianised Talisman Square. The town centre also offers a good range of quality restaurants.

7.7 Over recent years Warwick District Council has undertaken a range of initiatives to support the role of town centres and to enhance their character. Town centre management initiatives have developed action plans for the three town centres, and a wide range of specific initiatives have sought to boost trade in the towns. These have been co-ordinated by full time town centre managers based at the Council offices and include a number of initiatives now included in the Community Plan.

7.8 Each of the town centres will face challenges over the next few years as they respond to changing shopping, living and working patterns, and it is the role of the local plan to seek to address these where it can. To help identify and address these challenges, the Council commissioned a retail study as part of the local plan and this was undertaken in 2002 by consultants DTZ. This Study has been updated by DTZ and a revised version was received in June 2004. The Retail Study raised a number of important issues which the policies in this chapter will seek to address. In particular, it identified the following:-

• Leamington Spa town centre is sustaining its role as a sub regional shopping centre, however it is falling in national rankings of town centres based upon levels of shopping floorspace. Competing centres such as Birmingham, Solihull and Coventry have all seen significant levels of new shopping floorspace planned and implemented in recent years. Whilst new shopping developments in the town centre (Royal Priors extension, Regent Hotel) are welcome, they will not give Leamington the necessary "critical mass" to significantly improve the overall status and attraction of Leamington as a shopping destination.
• Within Leamington Spa and Warwick town centres, a growth of customers will place significant pressure on existing infrastructure. If the town centres increase their retail floorspace and improve their attraction as shopping, visitor and leisure destinations, this may lead to a shortfall in the quality and quantity of parking which would hamper these efforts.
• Leamington Spa, Warwick and Kenilworth town centres have all made improvements to their overall environment in recent years, however further improvements are required.
• With Leamington Spa being reinforced as the sub regional shopping centre, Warwick town centre needs to consider how it can strengthen its role as a tourist, specialist shopping and evening / cultural destination.
• Kenilworth town centre needs to build upon its existing strengths as a major tourism and convenience goods shopping destination. New development in the heart of the town centre which encourages this should be supported, and efforts should be made to create a greater unity to between the town centre and the significant tourist attractions the town also has to offer.

7.8a Following from the work undertaken by DTZ, the Council is presently undertaking further work to address some of the key issues within the town centres. Within Leamington town centre it has commissioned work to assess the feasibility and opportunities for a retail-led redevelopment of the Chandos Street car park. In Kenilworth it has agreed a series of traffic management measures that will be subject to further public consultation and a framework of wider improvements to the town centre.

7.9 Ensuring that town centres remain the focus for new development is important to maintain local economic growth and encourage investment. It is also fundamental in achieving sustainable patterns of development within Warwick District.

7.10 This policy is consistent with Government guidance that aims to make town centres the focus of development to ensure their continued vitality and viability. This approach is reflected in the Structure Plan that sets out a County wide hierarchy of town centres. Within this framework, Leamington is designated as a 'main town centre' and Warwick and Kenilworth as 'other town centres'. This distinction seeks broadly to focus all new shopping, leisure and entertainment developments above 1,000 sq.m (gross floorspace) in these town centres, with all such developments over 2,500 sq.m (gross floorspace) in the main town centres only.

7.11 In assessing proposals for town centre schemes, the Council will have regard to the aim of the Structure Plan that such proposals are compatible with the scale, nature and character of that centre. It will however support, in principle, proposals for schemes of greater than 2,500 sq.m (gross floorspace) in Warwick or Kenilworth which have merit, particularly where these introduce convenience shopping into these centres. Any such proposal will however be expected to improve the retail choice for local people, help maintain the vitality and viability of the town centre and not harm the vitality and viability of neighbouring town centres. Furthermore, given the historic nature of the three town centres, proposals will have to be of an appropriate scale and design quality in order not to have a detrimental impact on the quality of those environments. Further guidance on the location and appropriate scale of shopping proposals is given in policies TCP2 and TCP3.

7.12 The Council is concerned to protect the shopping function of its town centres. To achieve this, the town centre inset Proposals Maps identify areas to be 'primarily in retail use'. It is intended to direct new retail development to these locations (with the exception of new 'major' development proposals in Leamington Spa - covered by Policy TCP3). In doing so it is intended to prevent the sporadic introduction of new outlets that could erode the benefits of having a defined focus of core shopping areas.

7.13 It is also important to safeguard existing and potential retail floorspace to ensure the availability of opportunities for future/continued investment. To achieve this, the Council wishes to avoid the loss of premises currently within Use Classes A1, A2, and A3, A4 and A5 to other non A Class uses.

7.14 Government policy puts a particular emphasis on the need for town centres to maintain an efficient, competitive retail sector. In June 2004 this Council received the results of a Retail Study undertaken by DTZ. This study has informed the review of the Local Plan and has emphasised that the The importance of the protection of existing retail areas and potential available floorspace will be important to the success of town centres over the plan period.

7.15 Potential retail floorspace includes premises currently within Use Classes A2, and A3, A4 and A5 as these can change to Use Class A1 without the need for planning permission. Change of use from Use Class A1 to A2 or A3 is controlled by other policies within the Local Plan. The Council wishes to avoid the loss of premises currently within a Class A use to other non Class A uses. Planning permission for such a change of use will not, therefore be granted. This policy applies to A Class uses on upper floors, as well as at ground floor level.

7.16 It is important for both the social and economic well being of the District to protect the role of Leamington town centre as the District's main focus for retail activity. The identification of additional sites for large scale, comprehensive development may prove necessary to reinforce Leamington's market position in relation to other competing centres in the region.

7.17 Government guidance requires plans to provide a framework that will ensure that an efficient and competitive retail sector is maintained. In the pre-deposit consultation exercise, 76% of respondents called for improvements to Leamington town centre. The Community Plan also has an aim to regenerate town centres and support the maintenance of vital and viable town centres. The objective of this policy is to set out a framework for considering any major retail proposals that may come forward within Leamington town centre.

7.18 The 2002 Retail Study identified the fact that if Leamington town centre wishes to maintain its role as a sub-regional shopping destination, it will need to provide a significant amount of new floorspace during the plan period. The Council is committed to periodically reviewing its retail data to ensure that changing circumstances are considered. An updated Retail Study, received in June 2004, identified both convenience and comparison floorspace capacity to 2016. The 2004 study identified the fact that Leamington town centre could support a maximum of 37,300 sq.m (gross) comparison floorspace. The study identified that the town centre could support a maximum of 25,000 sq.m of new comparison goods floorspace. This could be provided in more than one location but it would preferably need to be 'anchored' by a major new department store.

7.19 If further retail floorspace, of whatever scale, is supported it is important that this new investment does not have a detrimental impact upon the existing town centre businesses, the balance of retail uses, the historic fabric and the infrastructure. In considering all future proposals, the Council will have regard to:-

7.20 The Council considers it necessary to carry out further detailed investigations to assess the impact of any potential proposals on the existing town centre before it can determine how much additional growth can be accommodated and where this should go. These investigations will be carried out as part of a wider town centre strategy and build upon the work already carried out by the Council's consultants. It will explore the following issues in greater detail:-

• the minimum and maximum amounts of further retail floorspace which the town centre may need in order to maintain and enhance its present level of vitality and viability. This would include further consideration of the type of floorspace that would need to be provided;
• the implications of not supporting further growth within Leamington town centre (including whether this would increase the likelihood of the District needing to find further out-of-town retail provision). This will include considering what alternative strategies the Council could follow to support the town centre;
• the physical capacity of the historic core of the town centre to absorb significant further retail growth;
• the ability of any proposal to include high quality pedestrian (and where appropriate cycle) access that meets the standards for accessibility and inclusion set out in policy DP14;
• the implications of retail growth upon key town centre infrastructure including car parking and public transport; and
• the likely market interest in major new retail opportunities.

7.21 In formulating any proposals for further retail floorspace, the Council will also consider demand for further leisure uses which could be incorporated into schemes.

7.22 For the operation of this policy, 'large scale' or 'major' retail proposals refers to proposals with a floorspace of over 1,000 sq. m.

7.23 In order to ensure the continued success of the District's town centres as shopping destinations, it is important to ensure that core areas are protected from the introduction of an unacceptable level of non shopping uses (defined as not being within Use Class A1). If left unchecked, the introduction of non shopping uses could over time prejudice the predominantly retail character and function of the most important retail streets. Government guidance supports the designation of areas of town centres to retain or enhance particular uses depending on local circumstances. The objective of this policy is to restrict the introduction of non A1 uses to the most important shopping streets in order to protect the retail character and function of these core areas.

7.24 The 2002 Retail Study produced evidence that within Leamington and Warwick, A2 (Financial & Professional Services), and A3 (Food and Drink restaurants and cafes), A4 (drinking establishments) and A5 (hot food take-away) outlets are growing faster than A1 uses. Over time this could threaten the predominantly retail character and core of the District's town centres. In order to protect this retail character, areas of primary retail frontage have been designated on the Proposals Map. The areas of primary retail frontage have been defined tightly to protect the retail heart of the town centres. Within the primary retail frontages, non A1 uses will be closely monitored and both the overall level and excessive grouping/concentration of these will be resisted.

7.25 The excessive concentration of A3 and A4 uses related to licensed premises has also raised concerns (particularly in Leamington Spa) with regard to community safety issues. As well as protecting the integrity of the retail function, this policy will also have the effect of ensuring that an element of control of the overall number and location of A3, A4 and A5 premises (which includes licensed premises) can be maintained. Following the approval of the 2003 Licensing Act, the Council will now be assuming powers for the issue of licences to persons wishing to open licenced premises. The Council will work actively with the police, local community groups and residents to ensure licensing issues are correctly considered and that the amenity of residents and other interests is protected.

7.26 For operational purposes of both this policy and policy TCP5 below, a frontage will be defined as a continuous elevation of retail uses as defined on the Proposals Maps. The limit of a frontage will be usually defined by a break in the buildings caused by a road or other public space. Furthermore, for the purposes of determining a planning application, when calculating the percentage of the frontage which would be in a non A1 use, this should include the proposal in question.

7.27 The vitality of the town centres can be maintained and enhanced by encouraging an appropriate range of uses within them where these do not threaten the centres retailing role. The objective of this policy is to identify locations where this mix can be encouraged.

7.28 The secondary retail areas are all of the retail areas shown on the Proposals Map that are not otherwise defined as primary retail frontage (and covered by policy TCP4). Secondary retail frontages are still essentially shopping areas and in these areas the Council will preserve their predominantly retail character by requiring that controls are placed upon the maximum levels of non retail uses. The only exception to this will be the café quarters defined in policy TCP6.

7.29 Within Warwick town centre, there exists a good opportunity to create a café quarter to form a specific area for the location of A3 and A4 uses. This quarter will provide visitors with attractions to complement shopping and leisure related journeys to the town centre and give the town centre the opportunity to respond positively to the potential created by tourism and visitor related income. This approach reflects Government advice to ensure that town centres provide a diverse range of attractions to complement their shopping focus, and also the ability to promote leisure uses and the evening economy.

7.30 The 2002 Retail Study recognised a need and an opportunity to create stronger physical links between Warwick town centre and the castle. It is intended to achieve this by creating more attractions within the town centre and making visitors aware of them. The pedestrianisation of the Market Place in 1999 has created the opportunity to capitalize on this by the creation of a café quarter where A3 and A4 uses will be encouraged. This area also includes Old Square which was enhanced by the Council in 2003.

7.31 These sites have all fallen into decline over a number of years. As part of a wider project to regenerate the Old Town area of Leamington Spa, the Council has worked closely with Regenesis to provide a package of proposals for these areas. The economic and environmental regeneration of under-used or poor quality areas within urban locations is a key objective of Government guidance. At the local level this is reflected in the Structure Plan that encourages the re-use of previously developed land to provide employment opportunities or environmental improvements.

7.32 The objective of this policy is to provide clear guidance to potential developers on the form and type of development appropriate within these core areas of the Old Town. The opportunity sites include land that has been allocated for employment within the Site Specific Policies of this Plan (see policy SSP1).

7.33 Sites A to C have all been the subject of supplementary planning guidance that was prepared in 1999 to establish regeneration proposals for these areas. These proposals are by necessity flexible and recognise both the uncertainty over whether certain sites will come forward for development and the range of uses that may appropriately take place on them. Sites A to C also have a considerable frontage to the Grand Union Canal and any regeneration schemes may have the ability to address, and integrate with, the waterway.

7.33a An area within site C, the Court Street car park, was the subject of a further planning brief prepared by the Council in 2003. Subsequent to this, in 2004 the Council has taken a decision to seek a partner to consider opportunities for the development of a wider area of Old Town focusing on the canal. Such a proposal could include land within sites A, B or C.

7.34 Site D has been proposed as the hub of a "cultural quarter" for Leamington Spa. It has been the aim of the Council since 1995 to establish a cultural quarter in this area of the Old Town. The Cultural Quarter is a network of arts and cultural industry activities radiating out from venues in the Old Town, with the Spencer's Yard (identified as site D on the Proposals Map) as its focus. It is envisaged that this hub will include rehearsal space for performing arts, office spaces for local arts/cultural companies, a community arts facility, environmental improvements to the yard and car parking performance arts studio space, artist's studio spaces for visual artists/ crafts people, two residential spaces available for people working within the project, studio space for community radio, a café and art suppliers shop and storage space for use by the loft theatre.

7.35 Within the area defined on the Warwick Town Centre inset plan as a 'mixed use area' no single land use predominates. This area is focused on Church Street, Castle Street, High Street and Jury Street. It is especially interesting due to the wide range of uses of the buildings. It also, significantly, forms a link between the main shopping area of Warwick town centre and Smith Street. Proposals for development (which includes re-development or changes of use) in accordance with this policy will be positively considered within this area subject to any detailed issues and the effect upon the town centre as a whole.

7.36 Town centres provide important employment opportunities within a range of sectors. It is important to maintain a continued employment role within the town centres to provide employment opportunities in sustainable locations and as part of encouraging a diverse range of uses within town centres in accordance with Government guidance.

7.37 Policy SC2 protects all existing employment land and buildings within the district (outside of town centres). Within town centres however, a more flexible approach is considered appropriate. The objective of this policy is to protect designated existing employment areas within the town centres, but otherwise to allow greater flexibility for other existing employment land and buildings to change to other uses. The protected areas are those within Leamington and Warwick town centres defined as "Town Centre Employment Areas" on the Proposals Map. Outside of these areas, the provisions of policy SC2 will not apply within any of the town centres.

7.37a In the Court Street /Althorpe Street protected employment area, the Council may consider the introduction of a wider range of uses if they can positively contribute to the wider regeneration aspirations of this area of Old Town.

7.38 This policy is only concerned with the protection of existing employment land. Policy UAP2 allows for new employment opportunities (Use Classes B1, B2 and B8) to be created within town centres subject to other policies within this chapter.

7.39 All of the district's town centres contain a mix of uses and both Leamington Spa and Warwick have a large number of houses and apartments within the defined town centre boundaries. This housing provides opportunities for people to live within the town centre and adds to the overall diversity and vitality, but it does bring pressures as different uses seek to co-exist. It is important that housing is supported within town centres and that the amenity of people living there is protected.

7.40 Within the predominantly residential areas defined on the Proposals Map, it will be important that the residential character of the area is protected. Over recent years the Council has received numerous applications for new uses within these areas. These include dental surgeries and nurseries for the care of children. These and other uses may be appropriate within predominantly residential areas provided that a residential element is maintained within the building and that the character and appearance of the building is not altered. In wishing to maintain the residential character of these areas the Council will have regard to the cumulative impact when considering such proposals.

7.41 This policy is only concerned with protecting the residential character of defined areas. Policy UAP1 allows for new housing to be provided within town centres on previously developed land subject to other policies within this chapter.

7.42 As part of creating diverse and active town centres, it is important that every opportunity is given for people to live within town centres. The continued occupation of flats above the ground floor of premises throughout the town centres has a particular role to play here. Protecting upper floors for residential uses can help ensure that full use is made of buildings and that the overall quality of the environment is improved. Encouraging greater living within suitable town centres can also enhance personal safety by increasing by natural surveillance.

7.43 The use of upper floors in town centres is important to ensure that buildings remain in a good state of repair and also to provide opportunities to introduce other uses such as offices and housing that will have positive benefits for the town centre economy. The Council has recognised the importance of this by supporting 'living over the shop' initiatives and by its empty properties strategy.

7.44 Where proposals which relate to ground floor uses only are submitted, applicants will be expected to show that they have considered how access arrangements to upper floors can be achieved in the future so that, if required, buildings may be fully utilised. Where upper floors may be considered for residential or office use, this access may need to be independent from the ground floor use.

7.45 Where considering proposals involving listed buildings or buildings in conservation areas applicants must ensure that in achieving access to upper floors the quality of the buildings and the conservation area is not compromised. This issue is dealt with in policy DAP8.

7.46 The variety and quality of shopfronts within the District's town centres contribute considerably to their character and attractiveness. The Council expects that where original or period shopfronts exist, they should be kept and restored. Proposals for new shopfronts should take into account the character of the property and the area in order to maintain the quality of appearance. This is particularly important in relation to replacement shopfronts to listed buildings or those within conservation areas.

7.47 The Council has published detailed design guidance on shopfronts within Warwick and Leamington Spa. Furthermore, it has produced supplementary planning guidance on design issues involved in increasing security for retail premises. All of these documents are available on the Council's web site (www.warwickdc.gov.uk).

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