Headington retail premises and the Local Plan
A number of planning applications in the central Headington shopping centre have been refused in recent years because they contravene the current Oxford Local Plan 2001–2016
The two key policies affecting the Headington District shopping centre (listed under “Retail and Commercial Leisure”) are:
POLICY RC.2 - RETAIL HIERARCHY - DISTRICT CENTRES
Planning permission will only be granted for proposals that seek to maintain and enhance the role of District centres as the second tier of Oxford’s retail hierarchy. The District centres are:
… c. Headington….
The District centres mainly sell convenience, standard durable and specialist goods.POLICY RC.4 - DISTRICT SHOPPING FRONTAGE
Within the District Shopping Frontage, planning permission will only be granted for:
a. Class A1 (shop) uses
b. other Class A uses only where the proportion of units at ground level in A1 use
does not fall below 65% of the total ground level units in the centre; and
c. other uses only where the proportion of units at ground level in Class A use
does not fall below 95% of the total ground level units in the centre.
(The previous Oxford Local Plan 1991–2001 split Headington District Shopping Centre into primary and secondary frontage, and only the A1 retail shops in the primary frontage were protected, with the required proportion of A1 shops (75%) being higher.)
The buildings below are listed in alphabetical order by the names under which they are currently known. The planning applications can be found by searching for the reference numbers here.
Cafe Bonjour
136 London Road
Retention of premises for use as Class A1/A3 approved
Café Bonjour (for a period renamed QL) moved into this retail shop in 2002 and has thus been operating for about ten years. In 2008 they were required to submit a planning application for change of use from retail to A1/A3. Both their planning applications were turned down. Café Bonjour then went to appeal in 2009 against both decisions, but lost both appeals:
- Appeal against the enforcement notice (09/00714/ENF) served by the city council following refusal of the first application (08/01768/FUL)
- Appeal against the council’s decision to refuse the second application (09/02087/FUL).
In January 2012 it was granted planning permission (11/02944/FUL) for “retention of premises for use as Class A1/A3 (shop/cafe)”.
Caffe Toscano (Now closed)
115 London Road
Local plan upheld
Caffe Toscano opened in the former Chef’s Pantry delicatessen in November 2008. A café called La Plaza had been run in this shop, but in 2004 failed to get a certificate of lawfulness (04/00942/CEU) authorizing its A3 (café) use. The Copacabana Café then operated for a short period in this building. Despite its name, the Caffe Toscano was deemed to be operating as an A1 retail shop.
In 2011 the Caffe Toscano leaseholder was planning to sell the business to Martin’s estate agents, who are keen to move into Headington and had earlier shown an interest in the present Windmill Fair Trade shop. The city council planning department told Martin’s that they would have to apply for planning permission for change of use (11/02344/PDC), and that previous applications for A2 (office) and A3 (café) had been refused.
The shop has been empty since October 2011 and the freehold is now for sale.
Cartridge World
106 London Road
Local Plan upheld
Cartridge World could not get its lease renewed in 2011, and a planning application by the landlord to increase the floor size from 77sq.m to 126sq.m. by extending over the yard at the back was approved:
- Extension to existing retail unit to provide an additional internal floor space plus internal alterations: 11/02506/FUL
In December 2011 Costa Coffee put in three planning applications for the improved building:
- Change of use from A1 retail to mixed A1 and A3 café: 11/03052/FUL (refused)
- Two sets of internally illuminated fascia lettering: 11/03205/ADV (approved)
- New shop front: 11/03106/FUL (approved)
This includes new doors facing Kennett Road
Clover’s
2a Windmill Road
Local plan upheld
A Permitted Development Request by Mrs Majar (11/02603/PDC) resulted in a letter on 21 November 2010 stating that planning permission would be required for change of use from A1 to A3, and referring the applicant to the Local Plan.
The Sue Ryder charity now appears to have taken on the shop.
Helen & Douglas House Charity shop
14 Windmill Road
Local plan upheld
An application submitted in July 2006 relating to the former Balfour News shop for “Change of use of ground floor shop (Class A1) to restaurant/takeaway (Classes A3/A5)” (06/01553/FUL) was turned down on the following grounds:
The proposed change of use to a restaurant/take-away would result in the loss of a Class A1 retail unit and an over-concentration of other Class A uses, to the detriment of the vitality and viability of the Headington District Centre and contrary to Policy RC4 of the Oxford Local Plan (and also because of the likely nuisance of odours to neighbouring properties).
(In November 2006 another plan for “Change of use of ground floor from Class A1 retail to Class A3/A5 restaurant and takeaway” (06/02340/FUL) was submitted and then withdrawn.)
Jacobs & Field
15 Old High Street
Local Plan temporarily bypassed by North-East Area Committee
Planning application 09/01881/FUL by Saccary Real Estate Ltd in 2009 to turn this former A1 off-licence into an A3 café was refused. Notwithstanding this, Jacobs & Field opened thereon 9 March 2010.
In October 2010 Jacobs & Field submitted planning application 10/02627/FUL for change of use from class A1 (retail) to mixed use class A1 (retail) and A3 (restaurant and cafés) which had massive support from the local community, and this was approved with a unique condition:
The mixed A1/A3 use hereby permitted shall be carried on only by Mr Damion Farah and Mr John Pugsley, trading as Jacobs and Field. When the premises cease to be occupied by the above named persons, trading as Jacobs and Field, then it shall revert to a Class A1 (retail) use, unless further planning permission has been granted.
Reason: The permission is granted on the basis of the current use of the premises by the two specified occupiers, which it is considered further enhances the District Centre. The Council would wish to have control over the type of any future occupation to ensure that the benefits attributed to the current occupants and use of the premises are maintained, in order to protect the vitality of the District Centre, in accordance with Policy RC2 of the Oxford Local Plan 2001–2[0]06.
La Croissanterie
3–5 Old High Street
No longer subject to Local Plan
La Croissanterie was granted A1/A3 permission by default for this retail shop in 2008 on the grounds that it had been operating partly as a café for more than ten years.
Mojo’s
123 London Road
Local Plan upheld
In 2007 Mojo’s application for change of use from A1 to A1/A5 use was turned down (07/01302/FUL) .
Mojo’s appealed against the decision (07/00068/REFUSE), later stating that it should have applied for A1/A3 use (café rather than takeaway); but the planning inspector turned down the appeal, as both A3 and A5 usage would have contravened the Local Plan. It continues to be a retail shop.
Ripples Bathroom Showroom
John Leon House, 138/140 London Road
Local Plan upheld
Connell’s Estate Agents failed in its three attempts to change the use of this shop.
First attempt: October 2005
Fisepa 187 Ltd submitted planning application 05/02066/FUL to change the use of the ground-floor retail unit (Class A1) being rebuilt as part of John Leon House, 138–140 London Road, to financial and professional services (Class A2). This was rejected because:
The proposed loss of a retail (A1) unit would be contrary to the aims and objectives of Policies RC.2 and RC.4, which seek to maintain and enhance the vitality and viability of the Headington District Shopping centre.
(Policy RC.2 of Oxford’s Local Plan provides that planning permission will only be granted for proposals that seek to maintain and enhance the role of Headington District Shopping Centre; and Policy RC.4 provides that planning permission will only be granted for non-A1 use when the proportion of units at ground level in A1 use is 65% or more.)
Second attempt: June 2007
Fisepa 187 Ltd submitted a second application (07/01473/FUL) offering a swap of usage with the building currently housing Connell’s estate agent at 137a London Road opposite. That was rejected on the following grounds:
Although the applicant has offered to enter into a legal agreement to provide a retail (Class A1) unit at 137a London Road, to compensate against the proposed loss of the retail unit at 138–140 London Road in order to maintain the balance of retail units within the District Centre, it is considered that this would not represent an acceptable like-for-like exchange. Having regard to the location of 137a London Road in relation to the District Centre, the nature of those premises, the extent of the floorspace and width of retail frontage, compared to 138–140 London Road, the proposal would fail to maintain and enhance the role of the Headington District Shopping centre contrary to the aims and objectives of policy RC2 of the adopted Oxford Local Plan 2001–2016.
(Connell’s office at No. 137a London Road is a small building that in 1963 was tacked on to the end of Westbourne Terrace, a row of sixteen Victorian houses that were all turned into shops from the 1930s.)
Third attempt: March 2008
Connell’s Estate Agents themselves, who had the sole agency for letting John Leon House, submitted application 08/00658/FUL. This was identical to the last application, except that they stood as applicant rather than Fisepa. Not surprisingly this was turned down, and Connell’s was then able to launch an appeal.
The appeal
Connell’s appeal 08/00069/REFUSE was heard at the Town Hall in December 2008, and the result announced on 12 January 2009. The Planning Inspectorate determined that the new shop on the ground floor of John Leon House 138–140 London Road (on the corner of Holyoake Road) should remain in A1 (retail) use. Planning Inspector Timothy Ball concluded that although the new plan did not conflict with Policy RC.2, it did conflict with Policy RC.4. His report included the following:
I was told at the hearing that the building had been designed to be used for office purposes on the ground floor and had not been actively marketed for A1 use…. I have no reason to believe that the appeal property would remain vacant if marketed.
The proposal would involve a loss of retail floorspace, the loss of a modern shop building, and a less prestigious replacement. I consider that this would not maintain or enhance the role of the shopping centre, in conflict with Policy RC.2. The fact that the Council had approved the current building with a loss of shopping floorspace does not overcome the need to have regard to development plan policies in the current proposal. On the main issue I conclude that the proposal would harm the vitality and viability of the Headington District shopping centre.
Starbucks
71 London Road
Local Plan permanently bypassed by Planning Inspector
Starbucks opened in the former Pronuptia retail shop on 22 October 2007. Their planning application to turn the premises into a shop and café (08/01534/FUL) was rejected, and the city council issued enforcement notice 09/00525/ENF to Starbucks at relating to an “alleged unauthorised change of use from retail (class A1) to a mixed use as retail and café (A1/A3)”.
Starbucks’ appeal against this notice was heard at the Town Hall on Tuesday 10 November 2009, and the Planning Inspector allowed the appeal (APP/G3110/C/09/2109208), saying:
I am aware that a key concern of the Council is that the success of this appeal may underline the longer term viability and vitality of the retail function of Headington District Shopping Centre. I did not dismiss this concern lightly. However, I have assessed the policy approach alongside other material considerations. The decision to grant planning permission does not result in the abandonment of Policy RC.4, or set a precedent to justify the introduction of future non-retail uses into Headington District Shopping Centre. It would be necessary for the promoters of any such future proposals to demonstrate that there were material considerations which should override Policy RC.4. If things remain the same in terms of the proportion of different uses within this District Shopping Frontage, the next non-retail operator requiring planning permission would have to make an even stronger case than the current appellant because the resulting baseline percentage of A1 uses would be lower than 64.4%.
Windmill Fairtrade shop
104 London Road
Local Plan upheld
In 2009 the letting agents Martin & Co were refused permission for “Change of use from retail (class A1) to financial and professional services (class A2). Replacement shop front” for the former Oxford Optical Centre (C09/02382/FUL).
The Headington District shopping centre now has 23 separate eating establishments: as well as twelve cafés, there are four restaurants, three takeaways, and two pubs, and a hairdresser serving food and drink at pavement tables.
- Food & Drink in Headington
- Headington & Marston Forum: “Not another coffee shop”
- Oxford Mail, 13 June 2008: “Residents fear for area’s diversity”
- Headington’s twelve cafés
- Pavement clutter
