Part One: Spatial Strategy and Policies (Regulation 18)

Support

Representation ID: 501

Received: 22/12/2023

Respondent: Sovereign Centros

Agent: Williams Gallagher

Support in principle for the overarching provisions of Draft Policy DLP24 which note that the priority for
Dudley’s Centres (including Brierley Hill Strategic Centre) is to ensure that they remain focused on
serving the needs of their communities while enabling centres to repurpose and diversify by providing a
well-balanced mix of commercial, business and service
functions. This includes both retail provision and a
mix of leisure, office, residential and other appropriate, complementary town centre uses that are
accessible by a variety of sustainable means of transport.
Notwithstanding the above, we note that the supporting plan to this policy (i.e. the plan shown within the
consultation document at Page 164) is not the correct plan. We assume it is intended to be Figure 10.1 to
which Draft Policy DLP24 refers. The plan provided under the heading ‘Spatial Strategy Plan: Dudley
Borough Centres’ instead appears to be a key diagram of existing transport and movement. We reserve
the right to comment on a revised plan (or the correct version of Figure 10.1) in due course.
Finally, we would query the wording of the fifth and sixth bullets of the draft policy which in the context of
the main part of the Merry Hill Shopping Centre complex, which comprises of two levels, is somewhat
ambiguous and could lead to mis-interpretation.
Indeed, the ground and upper floors of this part of the Brierley Hill Strategic Centre (a Tier 1 Centre) do
not perform in the same way that a traditional town centre would. To control uses in this way (i,e. Use
Class E at the lower level and wider uses on the upper floor) has the potential impact on the ability of the
owners of the Centre to adapt and respond to market demand in the interests of its valued customer
base.
In reality, and whilst the primary focus of the Centre will be retail for many years to come, both the ground
and upper floors lend themselves well to the provision of a wider mix of uses (where such uses (including
main town centre uses falling outside of Use E) which enhance the viability of the wider Strategic Centre
and Merry Hill complex. The fact that the Centre is in one single ownership also allows the mix of uses to
be managed in such a way that promotes and enhacences its vitality without leading to the types of
impacts usually attribued to certain non-E Class town centre uses (e.g. anti-social behavior, littering,
noise).
Based on ths above, we would argue that the ground and upper floors of the Merry Hill Shopping Centre
should both be allowed to diversify beyond that of an E Class use where demand is identified and such
uses are appropriate to its designated town / strategic centre staus. Such an approach would allow the
Centre to adapt to the ever eolviong retail market as well as accommodate new and excisting, town
centre appropriate uses, that are not necessarily covered by Use Class E but which drive footfall and
enhance the vitality ofthe Centre in the same way that a traditional retail / Class E Use would.
The above approach would also align betetr with Bullet 3 of draft Policy DLPBH1 which notes that the
diversification and re-purposing of Brierley Hill Strategic Centre will be supported by approving
development which enhances the viability and vitality of the centre.
We would be happy to discuss the above with officers and define suitable wording in due course.

Object

Representation ID: 502

Received: 22/12/2023

Respondent: Sovereign Centros

Agent: Williams Gallagher

It is noted that draft Policy DLP29 states, inter alia, that proposals for new hot food takeaways, as a
primary use of a planning unit, will not be permitted within designated Town Centre Core Areas which
would include most units and land forming part of the Merry Hill retail complex.
As to why such onerous provision is being proposed in respect of the Merry Hill Core Area is unclear and
we would welcome clarification from officers in this regard (NB we do not intend to comment on the
acceptability of hot food takeaways within the Brierley Hill High Street Core Area unless relevant as this
Area is considered to be entirely separate).
Indeed, Merry Hill is not generally known for its unacceptable clustering of hot food takeaway
establishments owing in large part to the fact that it is under single ownership which means that the
clustering of such uses can be appropriately managed / controlled without giving rise to an unacceptable
impact on amenity and threatening the vitality and viability of this part of the Brierley Hill Strategic Centre.
Not only would such unacceptable impacts not be tolerated by the owner of the Centre (they would be
seen as wholly contrary to its overarching objective to implement a long term sustainable business plan
strategy for the Centre), but the evidence we have seen shows no indication of such impacts currently
occurring or likely to occur in the future. For example, the Black Country Centres Study Update 2021 –
Volume 2 Health Checks (BCCSU 2021 – Vol 2) concludes that Merry Hill has “good leisure provision in
terms of national fast food & casual dining chains”. The same Study also does not identify an
oversaturation of such uses within the ‘weaknesses’ or ‘threats’ section of its assessment.
Paragraph 31 of the NPPF (December 2023) states that the preparation and review of all policies should
be underpinned by relevant and up-to-date evidence. This should be: “adequate and proportionate,
focused tightly on supporting and justifying the policies concerned and take into account relevant market
signals”.
The evidence we have seen points to the benefits of hot food takeaway uses at the Centre with the
BCCSU 2021 – Volume 2 concluding that Merry Hill has “good leisure provision in terms of national fast
food & casual dining chains”. It is also the case that BCCSU 2021 – Volume 2 highlights a survey which
asked respondents ‘what, if anything, would they improve in the Centre that might encourage them to visit
more’; to which 75% of respondents stated ‘nothing’ and 19.3% stated ‘more/better food shops.’
It is therefore unclear as to why the blanket presumption against new hot food takeaways as a primary
use within the Merry Hill Core Area is considered justified. To impose such a restriction would be
unjustified, disproportionate and damaging to the Centre’s ability to adapt, expand its non-retail offer and
tackle persistent vacancies. Contrary to the supporting justification provided at Para 10.38 of the draft
Plan, the evidence (BCCSU 2021 – Vol 2) clearly recognises the contribution that national fast food &
casual dining chains make to the Centre’s vitality and viability.
It is also the case that this draft policy and its supporting justification assumes that all hot food takeaways
are harmful and rely on a disproportionate link (that is, relative to any other land use at or from which food
may be consumed or purchased) between proximity of hot food to the incidence of obesity, overweight or
other adverse health outcomes; evidence for which we would argue is weak and contradictory. We assert
that there is no evidence of any causal link between the presence of hot food takeaway uses and
increases in obesity or poor health outcomes (particularly in relation to Merry Hill).
We note the findings of the 2016 report prepared by the Local Government Association (Tipping the
Scales) which looks at case studies on the use of planning powers to limit hot food takeaway and finds
that noise, litter, and anti-social behaviour is particular to takeaways that are part of the night-time
economy. It is however the case that Merry Hill functions primarily as a regional shopping centre, with a
small, admittedly increasing, contribution to the evening economy which is being carefully managed by
Centre Management.

Accordingly, and even with the introduction of a small number of additional hot food takeaway uses, the
Centre does not currently and is highly unlikely give rise to the congregation of intoxicated people around
takeaways, with potential for adverse impacts on the local area. Further, Merry Hill is a secured managed
environment as it benefits from private security which is not a typical characteristic in other centres that
encompass external public areas, making it difficult to physically control people around potentially
sensitive uses.
Based on the above, we are of the opinion that given the nature, character, and arrangement of the Merry
Hill Centre and wider site, hot food takeaways are justified in the Merry Hill Core Area as defined by the
Brierley Hill Inset Plan Policies Map. This is most notably due to the fact that Merry Hill differs to centres
that fall lower within the hierarchy of centres as defined by the draft Plan, as well as the Brierley Hill High
Street Core Area, in that there are far fewer sensitive receptors in the vicinity of the Centre with the
potential to be impacted by odours, noise, and general disturbance.
Permitting the further introduction of such uses (with each proposal assessed on its relative merits) would
also help to address persistent vacancies across the Centre. Indeed, the draft policy fails to recognise
that empty units are more harmful to retail character and function of centre, with ‘rising vacancy’ being
identified as a key threat within the BCCSU 2021 – Vol 2.
As a final point, it is noted that Policy DLP29 permits in principle, new hot food takeaways within the town
centre boundary, albeit outwith designated Core Areas. It is our view that contrary to the policy’s intention,
allowing the latter imposes greater threat to the vitality and viability of Merry Hill as a regional shopping
centre / Strategic Centre. Contained within the Brierley Hill Town Centre Boundary there is a mix of
different uses mainly featuring retail and commercial functions. It is widely known that given the rise of ecommerce,
physical retail locations are suffering from fewer visitors and lower utilisation. As such, the
requirement exists for shopping centres such as Merry Hill to offer greater leisure amenities which cannot
be attained whilst shopping online, in order to attract visitors to the site. The BCCSU 2021 – Vol 2
supports this by stating that restaurant and hot food takeaways “[serve] as a key footfall attractor to the
Centre.”
It would therefore be more effective to make the presumption against hot food takeaways outwith Merry
Hill Core Area, so that the new development can benefit the Centre’s primary retail and leisure function as
a complimentary use through increasing the likeliness for its users to visit retail stores out of connivence
of being within greater proximity to the shops. Allowing hot food takeaways in select locations across the
Centre would not prevent other retail and leisure uses coming forward and occupying larger spaces as
most appropriate.
The draft policy as existing would not support the increased vitality and viability of the Centre, as it
prohibits a contribution to an identified desire of the centre’s key stakeholder. It additionally fails to accord
with Paragraph 85 of the NPPF which states that policies should help create the conditions in which
businesses can invest, expand, and adapt.
Paragraph 32 of the NPPF states that significant adverse impacts on economic, social, and
environmental objectives should be avoided and, wherever possible, alternative options which reduce or
eliminate such impacts should be pursued. As an alternative and in accordance with Paragraph 10 of the
NPPF, development would be pursued in a ‘positive way’ if the Merry Hill Core Area was excluded from
Section 2A of draft Policy DLP29 and instead, applications for hot food takeaways assessed on their
individual merit with conditions being used where necessary to mitigate any impact on the amenity of the
surrounding area, the fundamental principle and justification for the policy, whilst maintaining a
presumption in favour of development which expands to wider economic benefits.

Support

Representation ID: 504

Received: 22/12/2023

Respondent: Sovereign Centros

Agent: Williams Gallagher

Support in principle for the vision for Brierly Hill Strategic Centre 2041, including the aspiration for the Centre to be more than a shopping destination, including benefiting from a revitalised night-time economy and family orientated leisure facilities and having a greater residential population.

Support

Representation ID: 505

Received: 22/12/2023

Respondent: Sovereign Centros

Agent: Williams Gallagher

Support in principle for overarching vision for the Borough including the need for centres to benefit from additional local community and leisure orientated facilities and increased residential populations.

Support

Representation ID: 506

Received: 22/12/2023

Respondent: Sovereign Centros

Agent: Williams Gallagher

Support for the development strategy in principle including the spatial strategy which looks to focus growth and regeneration into the Borough’s Centres and Regeneration Corridors, delivering new homes, jobs and local services.

Support

Representation ID: 507

Received: 22/12/2023

Respondent: Sovereign Centros

Agent: Williams Gallagher

Support in principle for Draft Policy DLP5 which, inter alia, supports proposals for new developments or uses that contribute to the attractiveness of Dudley as a visitor destination subject to national guidance and policy requirements elsewhere in the Plan