The Scottish Government

Circular 16/1996

Circular No 29/1988 is amended
The Chief Executive
Local Authorities

29 April 1996

Dear Sir

NATIONAL PLANNING POLICY GUIDELINE (NPPG) 8: RETAILING

I am pleased to enclose a final version of the National Planning Policy Guideline (NPPG): Retailing. Over 120 responses were received in response to the consultation on the draft NPPG last year. Those responses generally welcomed the updating of the guidance. All comments have been carefully considered and the final version has been amended to take account of the points made where possible.

The guidelines replace the 1986 National Planning Guideline on Location of Major Retail Developments, and reinforce current policy in favour of maintaining the vitality and viability of existing town centres. The new guidance advocates a sequential approach to selecting sites for new retail developments. Accordingly, town centre sites should be the first choice for new shopping developments with edge-of-centre and out-of-centre sites providing options only where no suitable town centre site is available.

The existing arrangements for the notification to the Secretary of State and consultation on certain types of retail development proposals are being revised so that the Secretary of State is informed about proposals which are in excess of 20,000 square metres of gross retail floorspace (reduced from the present 40,0000 square metres threshold), or are objected to by another authority from whose area significant retail spending power may be attracted by the new development or are contrary to an approved development plan. The Directions which give statutory effect to certain aspects of the guidance and which will come into force on 1 May 1996, are enclosed.

The Town and Country Planning (Notification of Applications) (Scotland) Amendment (No.2) Direction 1996

The Town and Country Planning (Notification of Applications) (Scotland) Amendment (No.2) Direction 1996 amends the schedule to the Town and Country Planning (Notification of Applications) (Scotland) Direction 1988 in that Planning Authorities are now required to notify the Secretary of State when they intend to approve:

(a) development for the purpose of retail shopping comprising an area of 20,000 square metres or more of gross retail floorspace (previously 40,000);

(b) development involving retail sales likely to attract significant retail spending power from any local authority area other than that in which the proposed development is to be situated, where a council of the affected area has objected to the proposal.

The requirement to notify the Secretary of State regarding a development which the planning authority considers to be a significant departure from an approved structure plan or a local plan approved by him has been retained.

The Town and Country Planning (Consultation on Retail Applications) (Scotland) Direction 1996

Further to (b) above, the Town and Country Planning (Consultation on Retail Applications) (Scotland) Direction 1996 revokes the Town and Country Planning (Consultation on Retail Applications) (Scotland) Direction 1988, and requires planning authorities to consult such local authorities as are responsible for areas within which persons expected to visit a retail development are resident.

Enquiries on planning matters associated with the NPPG should be directed to Mr Ken Jobling, 2-H, Victoria Quay, Edinburgh, EH6 6QQ, Telephone 0131-244-7534, whilst enquiries about the contents of this Circular should be directed to Mrs Janice Crerar at the same address, (Telephone 0131-244-7063). Further copies of the guidance and a list of current NPPGs and Circulars are available from Miss Kelly Wood at the same address, Telephone 0131-244-7066.

Yours faithfully

M T AFFOLTER

THE TOWN AND COUNTRY PLANNING (NOTIFICATION OF APPLICATIONS) (SCOTLAND) AMENDMENT (NO.2) DIRECTION 1996

The Secretary of State, in exercise of the powers conferred on him by Articles 17, 19 and 22(3) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 (a) and all other powers enabling him in that behalf, hereby gives the following Direction:

1. The Schedule to the Town and Country Planning (Notification of Applications) (Scotland) Direction 1988 shall be amended as follows:

1.1 In paragraph 6.1, the words "20,000 square metres" shall be substituted in place of "40,000 square metres".

1.2 For paragraph 6.2 there shall be substituted -

"6.2 Development involving retail sales which is such that the goods or services for sale are likely to be purchased to a significant extent by persons resident within the area of a local authority other than that in which the proposed development is to be situated, where the local authority of the other area, having been consulted, have made representations to the effect that planning permission should not be granted."

2. This Direction may be cited as the Town and Country Planning (Notification of Applications) (Scotland) Amendment (No.2) Direction 1996 and shall come into force on 1 May 1996.

M T AFFOLTER
Assistant Secretary
The Scottish Office Development Department

Victoria Quay
EDINBURGH
29 April 1996

THE TOWN AND COUNTRY PLANNING (CONSULTATION ON RETAIL APPLICATIONS (SCOTLAND) DIRECTION 1996

The Secretary of State, in exercise of the powers conferred on him by Article 15(2) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 (a) and all other powers enabling him in that behalf, hereby gives the following Direction:

1. When a planning authority are considering an application for planning permission in respect of any development involving retail sales which is such that the goods or services for sale are likely to be purchased to a significant extent by persons resident within the area of a local authority other than that in which the proposed development is to be situated, they shall consult such local authority.

2. The Town and Country Planning (Consultation on Retail Applications) (Scotland) Direction 1988 is hereby revoked.

3. This Direction may be cited as the Town and Country Planning (Consultation on Retail Applications) (Scotland) Direction 1996 and shall come into force on 1 May 1996.

M T AFFOLTER
Assistant Secretary
The Scottish Office Development Department

Victoria Quay
EDINBURGH
29 April 1996