TOWN & COUNTRY PLANNING ACT 1990

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5 TOWN & COUNTRY PLANNING ACT 1990 Proposal by Betster Proposed change of use to Class A2 (Betting Shop) Site at: 71 High Street, Long Eaton STATEMENT IN SUPPORT OF PLANNING APPLICATION Prepared by Jonathan Phillips BA(Hons) DipTP MA MRTPI January 2008

6 STATEMENT IN SUPPORT OF PLANNING APPLICATION Preface i) This statement explains in detail the proposed change of use from a vacant shop (Class A1 Retail) to betting shop (Class A2) at 71 High Street, Long Eaton. In accordance with paragraph 69 of Circular 01/2006, a design and access statement is not required as the proposal relates only to a change of use at this stage. Any alterations to the external appearance of the building and/or any new signage will be the subject of separate, subsequent applications. ii) The statement is set out in six sections, as follows: 1.0 Introduction 2.0 Relevant Planning Policy 3.0 Enhancement of the Town Centre 4.0 Other Material Considerations 5.0 Relevant Appeal Decisions 6.0 Summary & Conclusions List of Appendices

7 1.0 INTRODUCTION 1.1 Betster is a new name in the betting market in the UK, but is operated by a greatly experienced management team, all of whom have previously held high positions in the betting and gaming industry. An overview of the company s profile and aspirations is attached as Appendix Betster is seeking to convert the vacant shop at 71 High Street, Long Eaton, into a state-of-the-art, contemporary betting shop which provides customers with the latest betting technology and other facilities to enhance their visit to the shop. 1.3 In addition to traditional betting facilities and counters, Betster will offer a first class service and will use the latest technology to ensure that customers can enjoy the best betting experience, including provision of multiple flat TV screens, information screens, toilets, an extensive range of refreshments, comfortable seating, electronic betting terminals and gaming machines. Betster s aim is to create a modern, welcoming, lively and exciting environment for customers, which will attract a far wider range of customers than would traditionally have been the case. 1.4 Much of the company s business is related to the horse and greyhound racing industry, but continues to expand into many other sporting events, particularly football, rugby and boxing, as well as weather prediction, the outcome of elections and lottery betting opportunities. Lottery betting is increasingly popular and is attractive to a wide range of customers not traditionally associated with betting shops. A wider range of customers is also attracted by the upmarket, comfortable and bright setting and atmosphere of the betting shop. It makes good commercial sense for Betster to attract as many people to their facilities as possible.

8 1.5 The recent changes in betting legislation now allow for opening hours of 0700 hours to 2200 hours and for opening on Sundays. In addition, open windows and extensive window displays are allowed, significantly contributing to the vibrancy and vitality of the local area. Betting shops now bring more people into shopping areas and such trips are combined with other shopping visits. 1.6 In a presentation to the Gaming Board for Great Britain by the Association of British Bookmakers in June 2004, the Association stated that 7 million people in Britain visit a betting shop each year (17% of the adult population) and that there are about 2.5 million regulars (5% of the adult population) that visit a betting shop on one or more occasions each month. At the current time, there are circa 8700 betting shops in the United Kingdom and the industry is very buoyant with new premises opening all the time. Part of the reasoning behind this is the change in nature of contemporary betting shops, which now seek to encourage extended stays by customers. This is achieved by providing multiple TV screens showing multiple events, a comfortable environment and an extensive range of refreshments. Betster is at the forefront of this contemporary betting concept.

9 2.0 RELEVANT PLANNING POLICY Development Plan 2.1 The formal development plan controlling development proposals in Long Eaton comprises the 2005 Adopted Local Plan. This is currently being updated by the Local Development Framework. In the meantime policies from the 2005 Local Plan remain in force. 2.2 Policy S1 states that planning permission for retail and other development appropriate to a shopping centre will be granted, subject to a number of criteria: The development will be in keeping with the scale and character of the centre; The development, either individually or together with other shopping developments and planning commitments, will not harm the vitality and viability of the centre or jeopardise that of nearby centres; The development is of high quality design, sympathetic in style, scale and materials to the surrounding area; The development can be readily accessible by public transport; The development can be readily accessed by service vehicles. 2.3 Policy S4 states that applications for non-retail uses (A2 and other sui generis uses) in the Primary Shopping Frontage of Long Eaton will be permitted subject to the following criteria being satisfied: 1. The proposal would not result in the total extent of frontage occupied by shopping uses (A1) on that side of the street being reduced to below 80%; 2. The proposal would not result in the creation of a continuous frontage of more than two non-retail uses.

10 2.4 Policy S5 states that where permission is granted for non-retail uses in a Primary Shopping Frontage, conditions will be imposed specifying the treatment and use of the shop window display, in the interest of maintaining the appearance of the shopping street. National Planning Policy 2.5 PPS1 states that where the development plan contains relevant policies, applications for planning permission should be determined in line with the plan, unless material considerations indicate otherwise (paragraphs 8 and 28). Development plan policies should address accessibility for all members of the community to, inter alia, leisure and community facilities and take into account the needs of all the community (paragraph 16). This will then meet the Government's commitment to developing strong, vibrant and sustainable communities and meeting the diverse needs of all people (paragraph 14). Planning policies and decisions should be based upon positive as well as negative potential impacts on the environment (paragraph 19 and 26). 2.6 PPS1 sets out the Government's commitment to a strong, stable and productive economy. Planning authorities are advised to ensure that suitable locations are available for, inter alia, commercial and leisure developments so that the economy can prosper (paragraph 23). Development Plan policies should aim to improve the well being of communities, improve facilities and create new opportunities for local residents. Policies should promote mixed use developments that allow linkage between different uses and thereby create more vibrant places, bringing forward sufficient land in appropriate locations to meet the needs for, inter alia, commercial development, leisure and recreation. Improved access to, inter alia, leisure and community facilities should be provided by locating development in accessible areas (paragraph 27).

11 2.7 Developments that attract a large number of people (especially retail, leisure and office development) should be focused in existing centres, to promote their vitality and viability, social inclusion and more sustainable patterns of development. A more efficient use of land should be promoted through, inter alia, mixed use development and the use of suitably located, previously developed land. Vacant and underused land and buildings should be actively brought back into use (paragraph 27). 2.8 PPG4 re-affirms the Government s positive approach to development control, with particular reference to industrial and commercial development and small firms. The guidance states that the planning system should operate on the basis that applications for development should be allowed, having regard to the development plan and all material considerations, unless the proposed development would cause demonstrable harm to interests of acknowledged importance (paragraph 13). 2.9 PPS6 explains that the Government's key objective for town centres is to promote their vitality and viability, by planning for the growth and development of existing centres, focusing development in centres and encouraging a wide range of services (paragraph 1.3) There are other objectives, in the context of the key objective, which include enhancing consumer choice by making provision for a range of shopping, leisure and local services (allowing choice to meet the needs of the entire community) and supporting efficient, competitive and innovative leisure (paragraph 1.4) The main town centre uses identified by PPS6 include leisure and entertainment facilities (paragraph 1.8). Planning policies should help to manage the evening and night-time economy and encourage a range of complementary evening and night-time uses which appeal to a wide range of ages and social groups, ensuring that provision is made where appropriate for a range of leisure, cultural and tourism activities (paragraph 2.23). The scale of leisure developments should be considered, as well as their impact (positive

12 and negative to comply with PPS1 - in my opinion) on the wider environment (paragraph 2.24) In assessing the need and capacity for additional leisure development, local planning authorities should place greater weight on quantitative need for specific types of leisure, as well as taking into account qualitative considerations (paragraph 2.33). In assessing qualitative need, local planning authorities should ensure that provision is made for a range of sites for leisure, allowing genuine choice to meet the needs of the whole community (paragraph 2.35). Land uses which attract a large number of people should be located within centres that reflect the scale and catchment of the proposed development (paragraph 2.41). This will also ensure that there is adequate availability of a choice of transport options, taking full advantage of accessibility by public transport (paragraphs 2.49 and 3.25 refer) PPG13 states that its objectives are to integrate planning and transport at all levels; to promote more sustainable transport choices for both people and moving freight; to promote accessibility to jobs, shopping, leisure facilities and services by public transport, walking and cycling, and; to reduce the need to travel, especially by car (paragraphs 4, 6, 19, 21, 26 and 30 refer). New development should help create places that connect with each other sustainably, providing the right conditions to encourage walking, cycling and the use of public transport (paragraph 28) PPG13 emphasizes that places that work well are designed to be used safely and securely by all in the community, frequently, for a wide range of purposes and throughout the day and evening. Planning policies should aim to focus mixed development involving large amounts of employment, shopping, leisure and services in city, town and district centres, and near to major public transport interchanges; and encourage a mix of land uses, including housing, in town, suburban and local centres (paragraphs 6, 28, 35 and 37 refer).

13 2.15 Local authorities should be pro-active in promoting intensive development on the most accessible sites, developing a clear vision for development of these areas and prepare site briefs (paragraph 21) It is quite apparent that the proposed change of use will increase the range of facilities available to visitors in Long Eaton and will offer an alternative evening use that is not reliant on the consumption of alcohol. The town centre is highly accessible and the proposed use will encourage multi-purpose visits. As a consequence, there is no actual conflict with local and national planning policy.

14 3.0 ENHANCEMENT OF THE TOWN CENTRE Visual Appearance 3.1 The application site has been for sale on the open market since August It is currently vacant and the shopfront has no specific attractive features (see photo at Appendix 2). 3.2 Betster will introduce a clean, fresh and contemporary glazed shopfront which will attract and welcome customers into the lively interior. Window displays will comprise digital poster boxes programmed to change the picture every 10 seconds. The external appearance of the building will be visually enhanced and a more vibrant frontage will be seen by passers-by. The current application does not involve alterations to the exterior, although a planning application for a replacement shopfront will be submitted if/when the proposed change of use is granted. Notwithstanding this, an example of a typical Betster shopfront is attached as Appendix The attractive frontage will complement the enhanced offer at the betting shop and will exert a substantial pulling power upon passing pedestrians. In the past, betting shops have often presented unattractive or dead frontage to shopping streets. However, deregulation has allowed brighter window displays and opening windows resulting in more open and well lit, glazed shopfronts that allow clear views into the activities taking place within the building. 3.4 Replacement of the existing vacant retail operation by the proposed contemporary betting shop will have a marked improvement on the visual appearance of the building and will enhance the surrounding local area.

15 Customer Footfall 3.5 The proposed betting shop will provide a wide range of betting opportunities. In addition, customers visits will be complemented by the provision of hot and cold drinks, snacks, sweets and chocolate. Sandwiches may also be provided upon demand. Sports newspapers and magazines will also be made available for customers. As a consequence to these complementary services, a larger number of customers will be attracted to the site and a larger number will increase their time spent on site. 3.6 It is evident that many customers will combine a visit to the betting shop with other trips to the town centre, whether for work, leisure or other shopping purposes. 3.7 A survey of visitors to a betting shop in Pontefract in July 2003 (see Appendix 4) demonstrates that the use attracts as many visitors as typical retail operations. Furthermore, the survey shows that the betting shop attracts a higher percentage of passers-by than a number of retail operations. Indeed, the estimated weekly patronage figures (which show the attraction of any one particular use) calculated from the number of people actually visiting a unit against the number of pedestrians passing the unit, demonstrates that the betting shop has the second highest percentage of the five different uses (the other four being retail). 3.8 A prime measure of vitality in a town centre is the number of people attracted to it at different times of the day and evening. The aforementioned survey shows convincingly that a betting office will attract a significant number of customers, at times noticeably more than recognised retail uses. Bearing in mind the longer opening hours proposed ( hours) and the likelihood of many customers combining visits with shopping trips, the net effect is of adding to the vitality of the town centre.

16 3.9 The general improvement and modernisation of betting shop facilities will further increase customer visits. Indeed, it would not make commercial sense to make such a significant investment if it was not envisaged that this would increase customer visits The addition of a further betting shop in Long Eaton centre could increase levels of activity in the wider central area, as potential customers compare events being covered and the odds being offered. The increased footfall between competing uses can only encourage additional visits to shops and other services in between the rival facilities By way of conclusion, the introduction of a Betster operation at the application site will clearly enhance the vitality and viability of Long Eaton centre As a consequence, the aims and objectives of Policies S1, S4 and S5 are fully met by the specific type of use proposed. Indeed, it is quite apparent that a contemporary betting shop is more akin to a retail use (Class A1) than other A2 uses. The nature of the use at the time of its designation as a Class A2 use in the 1987 Use Classes Order is significantly different and deregulation of betting shops has had a great influence on creating a more retail-orientated function As is evident from the associated survey work (see above), a betting shop now contributes far more to the vitality and viability of town centres than many Class A1 uses. As a consequence, there are exceptional circumstances in this case to set aside any perceived conflict with policy that has been prepared on the basis of the old-style betting shop use.

17 4.0 OTHER MATERIAL CONSIDERATIONS 4.1 The proposed betting shop will open from 0700 to 2200 hours, creating the equivalent of nine full-time jobs. This compares with the existing vacant shop that previously provided four full-time positions. The additional employment generation is clearly significant (circa 225% increase) and is a material benefit from the proposed use. 4.2 It is apparent from the six-month marketing exercise that the vacant unit will not attract a premium retail operator. This is likely to be caused by the small scale of floorspace available. Betster is a premium brand in the betting industry and it is considered that a more renowned retail operator would not be attracted to the application site.

18 5.0 APPEAL DECISIONS 5.1 There are numerous examples in recent years of planning appeals being allowed for betting shop uses in both primary and secondary shopping frontages, as a conversion of an existing retail (Class A1) unit. A selection of these decisions is attached at Appendix It is important to note some of the pertinent conclusions made by Inspectors in considering proposals for betting shops, as follows: The proposal would have positive benefits for the area and would not represent a dead frontage in a centre or an inappropriate concentration of non-retail uses. The proposed betting office would certainly add to variety and would be no less attractive than the retail uses on the frontage. Also, given that it would be likely to attract a significant number of customers who might otherwise not visit general shopping areas, the betting office would contribute to economic activity. A prime measure of vitality in a town centre is the number of people attracted to it at different times of the day and evening, available for businesses to attract into shops, restaurants and other facilities. Independent surveys, supported by your own surveys, show convincingly that betting offices attract a considerable number of customers, indeed more than many retail uses. Bearing in mind that long opening hours and the likelihood that a fair proportion of customers would combine their visit with shopping trips, I consider that this proposal would have the affect of adding to the vitality of the town centre. Over the past few years, betting offices have changed radically. Although the Council may wish to see them restricted to secondary shopping areas, I have little doubt that a modern, well presented establishment with the range of facilities now permitted would attract a significant number of people into the town centre. I am satisfied that a substantial number of them would combine their visit shopping, thereby

19 complementing the main retail function of the primary shopping area and enhancing its vitality. Given this and the open nature of the frontage, I consider the use of the appeal site as a betting office is likely to stimulate pedestrian flows just as much as many Class A1 uses. Similarly, although I accept that the site is in a prominent location, the open nature of the frontage and the associated window display would ensure that the premises retains considerable visual interest and, in my view, would not create a dead frontage. I consider that the attraction of customers to the appeal premises would result in additional visits by those customers to other shops in the key shopping frontage to the benefit of future vitality and viability of the district shopping centre Dealing first with the likely impact of a betting office on the character, viability and vitality of shopping centres generally I see no good reason why a betting office should have an adverse affect on the attractiveness or vibrancy of the shopping centre. In many cases they exert a substantial pedestrian pulling power, and can generate a greater level of activity than some types of shops. They are good customer attractions that can contribute to the interest and variety of a town centre. 5.3 The appeal decisions demonstrate a consistent approach in realising the benefits of betting shops and their acceptability in primary and secondary shopping frontages. Whilst each site is considered on its individual merits, it is appropriate to conclude that betting shops have a positive contribution to make to the vitality and viability of town centres. Furthermore, it is apparent that betting shops attract more customers than a number of typical retail uses.

20 6.0 SUMMARY & CONCLUSIONS 6.1 The application proposes to convert the existing charity shop, currently for sale on the open market, into a state-of-the-art, contemporary betting shop, which provides customers with the latest betting technology and extensive refreshments. A modern and lively environment will be provided, which will attract a far wider range of customers than traditional bookmakers. 6.2 The proposed change of use accords with the aims and objectives of local and national planning policy for town centre uses. 6.3 Replacement of the existing vacant retail use by the proposed contemporary betting shop will have a marked improvement on the visual appearance of the building and will enhance the surrounding local area. 6.4 A larger number of customers will be attracted to the site and footfall in the immediate area will be increased. The extended opening hours and likelihood of customers combining visits with shopping trips will result in a significant enhancement of the vitality and vibrancy of the town centre. 6.5 The proposed use will increase the existing full-time job provision by circa 225% and will make good use of a unit that is not attractive to premium retail operators. 6.6 There are numerous appeal decisions that favour the change of use from retail uses to betting shops in primary shopping frontage. The positive benefits clearly outweigh any perceived negatives and the proposal will add interest and variety to the town centre throughout the day and into the late evening.

21 LIST OF APPENDICES 1. Overview of Betster 2. Photograph of existing shopfront 3. Betster shopfront image Pontefract Survey 5. Appeal decisions