extensive growth and the creation of sub-centres is a natural characteristic of that growth, then endeavouring to create regeneration in towns with the same uses that have left (retail) are doomed to fail. Existing planning policies are based on a poor explanation of the facts. Actually the in-town /out of town argument is more to do with control of extensive urban growth (negatively described as sprawl) just as much as with the losses of retail at the centre.


Blame is attributed to the out of town or out of centre for their impact on the centre, but the centre is the very thing that sowed the seeds of its own demise. The factors that made a town successful – agglomeration (clustering) and associated economies is countered by diseconomies of agglomeration (congestion and constraints to growth). Convenient access to retail soon drew shoppers to locations in convenient proximity. The policy makers preoccupied with the high street still believe that they can influence shoppers’ choice and seem surprised when their attempts fail.


NPPF and retail


Planning policy will find itself challenged when retail policy is geared to ensure the vitality of the town centre. NPPF (part 2) focuses on town centres as the heart of the community and to pursue policies to support their viability and vitality. Sequential tests encouraging development towards the centre accompanies guidance which encourages competition within the centre. The preoccupation with ‘need’ to deal with over-trading by means of competition sits uneasily when under-trading causes empty shops. Promotion of competition becomes a problem when new trades challenge, also promoted, individuality in the form of traditional independent traders who desire to be protected. The policy to retain, enhance, reintroduce and create new town centre markets ignores consumer demand. Also promotion of edge of centre with town centre connectivity again ignores consumer accessibility and convenience. The NPPF answer for centres in decline is “plan positively for their future to encourage economic activity”! [“Striving to better,


THE TERRIER - Summer 2012


oft we mar what’s well” - King Lear.] Technology


Technological solutions to high streets involve unacceptably high costs whether it be rationalising the size, accommodation and use of buildings to create a managed Portasian “shopping centre” or transport and parking. Add to this removing the obstructions to access by preventing parking along the arterial shopping roads which would be socio/ political suicide.


Political


An issue that lingers high on the agenda of many politicians is a preoccupation with legacy. There is a saying; “Every Pharaoh has to have his pyramid” to which I would add, “The rest are in de Nile!”


A lot depends upon the integrity of the individual authority. Some authorities are prepared to sacrifice the high street by plundering them of national retailers to occupy a new regeneration project alongside. Other times it is obvious that some authorities have difficulty in following their own commissioned retail studies. One such study for a city caused the media to proclaim “enough convenience stores for the next ten years”. Shortly afterwards a new convenience store was announced contrary to officers’ recommendations. The provision of affordable housing or funding a pet environmental scheme are recognised inducements to provide retail “Trojan horses”. Politicians’ eagerness to fill voids expediently oozes the likelihood of unintended consequences and demonstrates an inability to acknowledge the generational dimension of urban transition and change.


Public interest and sustainable development


We therefore have to consider the improvement of high streets in terms of the wider well being of the population and where town centres sit in a whole host of priorities of challenging importance. CPOs in the high street can be made quickly but unless they have a credible basis and foundation they will be fraught with challenge and an


ultimate waste of resources.


LEGAL - CPO and the high street empowerment


Section 226(1)(a) of the Town and Country Planning Act 1990 (as amended; Town and Country Planning Act 1990 by Section 99 of the Planning and Compulsory Purchase Act 2004) has made it easier to promote CPOs for a wide range of mixed use, retail and employment schemes. It could also be used to acquire empty shops if the council thinks that the acquisition will facilitate the development or improvement on or in relation to the land. To qualify for this empowerment they would only need to think that the development, re-development or improvement is likely to contribute to the achievement of any one or more of the promotion or improvement of the economic/ social/ environmental wellbeing of their area.


However whereas the Housing Act specifically operates to acquire empty houses the T&CPA would require wider justification to acquire empty shops.


Guidance - non-Statutory Whereas the guidance in Circular 06/04 is not statutory it is there for the use of acquiring authorities in promoting CPOs, those who would object and the Inspectors’ guidance.


1) A compelling case in the public interest Sustainable Development and Public Interest issues are a start but the guidance for CPO schemes provides the requirement of a ‘compelling case in the public interest’. It is not sufficient that they are just in the acquiring authority’s corporate interest even though it can be demonstrated ultimately for some public good. The socio /economic issues are of high relevance in respect of sustainable development. A full sustainable development/public interest assessment has to be made.


2) Justify the use of CPO powers The CPO has to be promoted in such a way as to satisfy human rights criteria. But the exercise of powers of compulsory acquisition, especially in a “private to private” acquisition, amounts to a serious invasion of the


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