Assessing the Regulation of Retail Development in Ireland

Abbreviations

• ABP – An Bord Pleanála
• DoEHLG – Department of Environment, Heritage and Local Government
• ESDP – European Spatial Development Plan
• NSS – National Spatial Strategy
• RPG – Regional Planning Guidelines

Abstract

Planning permission
in Ireland takes place within a legal context, with the most important piece of
legislation being the Planning and Development Act. The final appeal board is An Bord Pleanála (ABP), which
processes appeals from throughout Ireland.

Over the years, academic research has sought to reflect on how planning came to be implicated in an overproduction of development supply, with disastrous economic, social, environmental and spatial consequences. Retail development in particular tends to spark debate surrounding issues of sustainable development, laws of competition and fair-trading, and the size and location of new developments (O’Callaghan, 2003). With regard to some developments around the country, it could be argued that there is, or at least was, a blatant abandonment of basic planning principles in Ireland. This argument will be explored within the scope of the literature review.

This thesis examines
the effectiveness of the implementation of current planning policy with
specific regard to the location of retail development. Implementation is the process that turns strategies and plans
into actions in order to accomplish strategic objectives and goals.

The main
aims of the research undertaken was to:

• Gain a clear understanding of the forces of influence in the planning and development processes
• Analyse the decision making process for the planning of retail development
• Assess whether Ireland are successfully implementing the Retail Planning Guidelines particularly in relation to retail location

A
multi-method approach was adopted to include quantitative and qualitative
data. 

The Retail Planning
Guidelines state that only in exceptional circumstances should out-of-town sites
be considered. This thesis has identified the number of out-of-town retail
developments both granted and refused over the past three years. In doing this,
the decisions and recommendations of Local Authorities, Planning Inspectors
Reports, and An Bord Pleanála
was analysed and recorded.

The concept of the
city or town as the centre or focus of a region is a classical perspective that
has been theoretically formulated by Christaller’s Central Place Theory. The
working assumption of the theory is that all systems of urban places are arranged
in space in a hierarchical manner based on population size and service function
complexity.

A key outcome of this
thesis will be in the form of suggestions on how government at a local level
can improve the state of Ireland’s struggling town centres, whether that is through
improved consistency with implementing existing policy, and/or perhaps some
new, innovative directives to revitalise Ireland’s urban areas.

Chapter One – Introduction to Thesis

1.1   Introduction to Research Area

“Planners and architects are apt to think, in an orderly way, of stores as a straightforward matter of supplies and services. Commercial space. But stores in city neighbourhoods are much more complicated creatures, which have evolved a much more complicated function. Although they are mere holes in the wall, they help make an urban neighbourhood a community instead of a mere dormitory” – Jane Jacobs, “The Missing Link in City Redevelopment”, Architectural Forum June 1956

The topic of this
thesis has been of great interest to the author.

Commercial vacancy
rates in Ireland have increased, from 12.6% in Q4 2015 to 13.5% in Q4 2016,
according to new research published by GeoDirectory and DKM Economic
Consultants. In total there was 213,666 commercial address points in Ireland,
28,796 of which were vacant.

The purpose of Retail
Planning Guidelines is to promote sustainable retail planning by assisting
local authorities in addressing retail development, preparing local development
plans and in assessing applications for retail developments. It is important
that the planning system provides a clear framework for the continued
development of the retail sector, and for the protection of Ireland’s towns and
cities.

Planning is the
ability to consciously control the future through current actions – by devising
plans and implementing them. As such, it involves the design of a desired
future and selecting effective ways of bringing it about. In some sense, the
delivery of planning policy can be as important, if not more important, than
the policies and guidelines themselves.

1.2   Aim

This thesis aims to
evaluate the implementation of the Retail Planning Guidelines in relation to
their stated objectives to protect and enhance the viability of town centres in
Ireland.

1.3   Objectives

• Offer a critical history of the development of retail
  planning policy
• Provide an analysis of the Irish planning hierarchy
• Identify primary decision makers in the planning process
• Critically analyse the Retail Planning Guidelines in terms
  of consistency and effectiveness
• Investigate the past three years of out-of-town retail
  planning decisions
• Discuss planning decisions in two regional Irish towns; one
  with a thriving town centre, one with a struggling town centre
• A number of strategic
  conversations with senior academics and practitioners to complement the
  quantitative findings of this research

1.4   Research Strategy

The research has
adopted its origins from a comprehensive understanding of retail property
market, location interactions as well as the property supply and demand
concepts learned throughout the four year course of Property Economics in the
Dublin Institute of Technology (DIT).

The research strategy
will firstly examine the literature available from established authors about
the origins of planning in Ireland Secondly the data will be gathered locally
in order to explore retail property market indicators and trends as well as
customer priorities and their behaviour patterns. Thirdly the data will be
analysed through the application of findings on local selected real life
examples in the form of a case study. 

Finally, all data
will be assembled together, analysed and cross-examined in order to produce a
fully comprehensive set of conclusions and recommendations. 

1.5 Thesis Structure

Chapter Two – Literature Review

2.1 Introduction

The retail sector is
an essential part of the Irish economy and a strong retail sector is a key
element of the vitality and competitiveness of cities, towns and villages
throughout the country and indeed the country as a whole (Retail Planning
Guidelines, 2012).

Despite the
introduction of the Retail Planning Guidelines in 2001, throughout the ‘Celtic Tiger’
property bubble, Councils routinely “flouted the rules which require retail
development to be located in town centres in the first instance” (An Taisce,
2012). Planning practice became increasingly developer-led (Kitchin, et. al.
2010), weakened and compromised by a corrupt political culture (Kitchin, et.
al., 2012) and aided by a complicit laissez-faire state (Fox-Rogers et. al.,
2011).

Given
the excessive retail development, directed towards locations with little
effective demand,in the Celtic Tiger years (up to 2007), there was a necessity
to amend the existing planning framework and tighten criteria and assessment
for development (Brady, 2016).

The most
recent Retail Planning Guidelines (2012) clearly identify the need for
“plan-led development”. A recurring theme within the guidelines is that of
location, a major driver of urban form and how regional centres expand
(Fairgray, 2005). The
census results over the last few decades indicate a trend towards greater
urbanisation in Ireland (Sirr, 2011). The guidelines encourage town centre
development in all cases where possible and emphasise that “no new significant
shopping centres or retail parks will be permitted in out of town locations
without appropriate zoning unless a sequential test determines that there are
no alternative sites within the town centre that can facilitate development”
(Retail Planning Guidelines, 2012).

With a new National
Planning Framework underway, the current post-recession economy has prompted a
re-focus on examining the drivers for failure and success, as Ireland moves
into an era of re-localised planning and ‘place-shaping’. Boosting localised
planning, high-street performance and economic growth are “key contemporary
priorities for government and retail activity forms a key facet of this
performance” (Astbury et al., 2014).

2.2 The Emergence of an Irish Planning System

It is believed that Irish planning “came of age” following The Local
Government (Planning and Development) Act, 1963 (O’Leary, 2014), modelled
closely on 1947 UK legislation. When the Act initially came into force in
October 1964 there was no full time planning course in the country.

In many cases planning departments
were a one person operation and lacked resources (O’Leary, 2014). The
establishment of the planning appeals tribunal, An
Bord Pleanála, in 1976 began to regularise planning
decision making.

2.2.1 The Evolution of Irish Retail Planning

The retail planning
system is part of the general planning system. In 1982, specific Retail
Planning Guidelines and controls were introduced in Ireland by the Local
Government (Planning and Development) General Policy Directive, 1982 (the “1982
Directive”).

However, following
the 1998 Ministerial Directive, it was decided that more comprehensive
guidelines would be prepared. Guidelines would aim to control the increasing retail
development taking place by restricting both the location and the size of
outlets. The Retail Planning Guidelines are Ministerial Guidelines under
section 28 of the Planning and Development Act, 2000. Consequently, planning
authorities and An Bord Pleanála were advised to have regard to the provisions
of the Retail Planning Guidelines when exercising their planning functions.

2.3 The European Spatial Development Perspective

The European Spatial
Development Perspective (ESDP) document, agreed at the Informal Council of
Ministers responsible for spatial planning in Potsdam in 1999, is a legally
non-binding inter-governmental framework document forming a policy framework
which sets out 60 common principles and policyoptions for all tiers of administration with a planning
responsibility (European Spatial Development Perspective, 1999).

Furthermore, retail
planning that restricts the principle of freedom of establishment must be
justified by a valid argument that it serves the pursuit of aims that are
allowable according to European standards. The freedom of establishment is one
of the fundamental EU freedoms laid down by the Treaty of Rome (1957).
According to the European Parliament, the right of establishment includes the
right to take up and pursue activities as a self-employed person and to set up
and manage undertakings, for a permanent activity of a stable and continuous
nature, under the same conditions as those laid down by the law of the Member
State concerned regarding establishment for its own nationals.

Nearly all EU Member
States identify a distinction between large and small retail outlets in their
regulatory framework. Most member States require, in particular for the
establishment of large retail outlets such as shopping centres or hypermarkets,
the performance of an Environmental Impact Assessment, the results of which are
taken into account in the procedure for one of the compulsory authorisations or
permits. In addition, some Member States require an environmental permit for
such retail developments.

2.4 Planning Hierarchies

2.4.1 Ireland

Irish planning system
is hierarchical and centralised. Following on from the publication of the
European Strategic Development Perspective (ESDP) in 1999, the Department of
the Environment, Heritage and Local Government (DoEHLG) published the Irish
National Spatial Strategy (NSS) in November 2002.

2.4.2 National Guidelines

The NSS provided an
overall framework for planning in Ireland. Plans at regional and local level were
to have regard to the NSS. The DoEHLG is responsible for planning legislation
and policy guidance. A unique feature (within Europe) is the independent third
party planning appeals system operated by An Bord Pleanála (the Planning
Appeals Board) (Oxley et al., 2009). The publication of The National Spatial
Strategy was developed primarily in response to unbalanced regional development
in the context of increasing national prosperity.

Despite contemporary
conditions, the spatial context for economic and social development in Ireland
is still strongly influenced by a settlement patterns and transport networks
that were initially put in place to “assist in the territorial organisation and
administration of a former colony, along with a highly centralised public
administrative system and electoral model that encourages a strong sense of localism”
(Davoudi et al., 2009).

The NSS has suffered
from a lack of political commitment (Meredith & Van Egeraat, 2013), as
expressed in criticisms of a general absence of an economic analysis of key
decisions (Morgenroth, 2013), and uneven funding programmes across government
departments (Moylan, 2011). The expressed concerns about the availability of
sufficient quality spatial data on which to develop a strategy has surfaced in
the context of why certain places are identified as “gateways and hubs”, while
others have not, or why a territory has been organised around certain loosely
defined functional areas without any substantial evidence (Adams, 2007).

A new National
Planning Framework to replace the National Spatial Strategy is currently being
developed. According to the Department of Housing, Planning, Community and
Local Government, it will have a “focus on economic development and investment
in housing, water services, transport, communications, energy, health and
education infrastructure”.

2.4.3 Regional Guidelines

Regional Planning
Guidelines (RPGs) were first adopted in March 2004 as a key implementation
mechanism of the Government’s overall framework for achieving more balanced
regional development and more strategic physical and spatial planning.

2.4.4 Development Plans

The County
DevelopmentPlan is central to the
legal planning framework in the Republic of Ireland and most planning direction
takes place at the county level. The County Development Plan sets out the aims
of the Council for the proper planning and sustainable development within the
county. Because planning permission is required for any development of any land
or property (unless the development is specifically exempted), awareness of,
and compliance with, planning rules and regulations is essential for any asset
of property and/or land.

The Development Plan
sets out the local authority’s policies for land use control and development.
It shows the expected sole or primary use for particular areas. There is a
requirement for public participation in these plans which much be renewed every
six years.

2.4.5 Local Area Plans

Local Area Plans form
the lowest tier of the hierarchy of spatial plans and are an option available
to planning authorities, apart from the obligation placed on county councils to
prepare a Local Area Plan (LAP) for census towns with a population in excess of
5,000. Introduced in 2000, this new type of plan proved to be very popular with
the public (who saw a real opportunity of influencing the growth of their own
area for the better) and the councillors (who came under pressure from
landowners to zone large tracts of green fields on the periphery of towns and villages)
(Grist, 2012).

A survey carried out
by the Department of the Environment in 2010 indicated that some 350 LAPs have
been made, all of which had to be reviewed at least every six years under the
2000 Act. The preparation of such plans is highly resource intensive. With the
introduction of the core strategy mechanism in the 2010 Act, changes have been
made to the legislative provisions dealing with LAPs to ensure that the
contribution of this, the lowest tier, is properly aligned into the strategic
hierarchy of spatial plans.

2.5 Elsewhere in Europe

2.5.1 England

In England, the plans
are made by much larger local planning authorities; they are less certain and
not legally binding, allowing for more negotiation before planning permission
is given. The flexibility and the discretionary nature of English land use
planning contrasts with the certainty provided through legally binding land use
plans in other countries. The degree of negotiation over planning permission in
England contrasts with decisions based more strictly on compliance (or lack of
compliance) with local plans elsewhere (Oxley et al., 2009).

2.5.2 The Netherlands

In the Netherlands,
central government set planning policy that is to be implemented by lower tiers
of government. Policy has been highly prescriptive as to where development
should occur. Preventing development in rural areas has been central to spatial
planning policy and the preservation of open space is assumed to be a measure
of the effectiveness of the Dutch planning system. The key legal document in
the land use planning process is the land use plan (bestemmingsplan) that is produced
by the municipalities (Oxley et al., 2009). The Netherlands had taken a
particularly hard line against what it calls ‘peripheral’ developments by
establishing rules at the national level to curb the growth of out-of-town
hypermarkets and shopping malls (Evers, 2002). Since the construction of the
hierarchical retail system in the post-war period, the main goal of Dutch
retail planning has been to preserve city centres and the complementary
shopping centres (Speirings, 2006).

The first major
challenge to this system came in the 1970s – a time at which large out-of-town
formats were becoming commonplace in France and Germany – with a proposal to
build a ‘Maxis’ hypermarket in Muiden, a small town about 15 km to the east of
Amsterdam. Emergency meetings of local shopkeepers were organised with the
local chamber of commerce and public officials in opposition to the development
(Schat & Groenedijk 1982).

Several authors have
provided good syntheses of Dutch retail planning (Borchert, 1998; Weltevreden
et al., 2005) that show how restrictive planning policies have had a strong
mark on Dutch retail geography in that they have long not allowed for the
decentralisation of shopping towards the urban fringe in order to protect the
inner cities (Evers, 2002). It makes Dutch retail geography stand out from many
other countries, where shopping has most often decentralised to Greenfield
locations way beyond the city centre (Garreau, 1991).

The inner cities of
Dutch cities still top the retail hierarchy (Borchert, 1998). Competition from
peripheral shopping locations – resulting from slightly lessened planning
control for some space-extensive retail segments in response to retail dynamics
(Evers, 2002) are not perceived as significant threats to Dutch city centre
retailing.

Out-of-town
hypermarkets or shopping malls as found in many other European countries are
relatively uncommon in the Netherlands, with the exception of the clustering of
stores specialised garden supplies, cars, furniture and building materials,
etc. This increases the viability of the large share of sustainable transport
modes as cycling or walking for shopping trips (Dieleman et al., 2002) and
greater attractiveness of city centres and increased possibilities for
multipurpose shopping.

2.6 Theoretical Perspectives on Planning Hierarchies

Bruton (1987)
believes that the advantage of a hierarchical arrangement is that a “comprehensive
but generalised overview of issues can be established at the top level and
developed into more detailed policies and eventual implementation at the lower
levels”. The major criticisms of this organisational approach are that it
represents an over-simplified view of the nature of planning and management and
ignores the implications which might arise from the ways in which individuals
and different organisations interact. Whilst not rejecting the classical
organisational principles, ‘behaviouralists’ believe that the formal
hierarchical structure can be improved by making it less formal and less hierarchical,
and by permitting more participation in decision-taking by the lower ranks.

Commenting on the
hierarchy of levels of policy formation in relation to planning, Diamond (1979)
amplifies the relationship between the different levels when he states that
‘each level of planning performs a strategic function for the level below and
conversely is constrained by the strategic planning of the level above’. This
hierarchical arrangement of choice and policy formation allows the
relationships between policy options to be pursued separately at each level,
but within a framework which provides an explicit means of handling the
vertical relationships between them. In this way, a comprehensive, but
generalised overview of issues and policies can be established at one level,
and developed into more detailed policies at lower levels, so as to offer guidance
to implementation agencies.

2.6.1 Strategic Plans vs. Strategic Decisions

Solesbury (1981),
whose case study work on the application of the strategic approach to policy
formation and implementation into a number of fields indicates the practical
results of strategic planning have been disappointing. On the one hand, the
planning process has sometimes failed to produce recognisably strategic
policies, while on the other hand, such policies, once formulated have
frequently been ineffective in influencing subsequent events. Indeed, strategic
policies have often been ignored by routine decision-making, despite formal
commitment to them by public authorities. To meet this problem, Solesbury
argues that attention needs to be diverted away from the planning of strategy
towards its implementation. He comments that a strategic policy is unlikely to
be implemented unless there exists a strategic authority responsible for it and
committed to its implementation (1981). In effect, Solesbury is making a plea
that strategic decisions and actions rather than strategic plans should be the
ultimate output of the strategic planning process.

2.7 The Retail Planning Guidelines

The overall aim of
the Retail Planning Guidelines in Ireland is to ensure that “the planning
system continues to play a key role in supporting competitiveness in the retail
sector for the benefit of the consumer in accordance with proper planning and
sustainable development (Retail Planning Guidelines, 2012).

Local authorities are
required to produce development plans which incorporate retail strategies and
polices that are informed by a wide variety of indicators including those
intended to measure diversity of uses, retailer representation, numerous
environmental factors, and, since June 2007, the
Department of the Environment, Heritage and Local Government’s Development Plan
Guidelines.

2.7.1 Retail Impact Assessment

The Retail Planning
Guidelines state that the preferred location for retail development is within
the established town centre, should there be no town centre sites available an
edge-of-centre location could be considered. It is only in the absence of the
availability of town centre and edge of centre sites that an out-of-centre site
could be considered.

A Retail Impact
Assessment analyses the location of the proposed development within its
physical and planning policy context. The analysis of the suitability any site
is called the sequential test and details of this should be included in any
Retail Impact Statement. 

This essentially
means that the preferred location for new retail development where practicable
and viable is within the town centre. Where it is not possible to provide the
form and scale of retail development that is required on a site within the town
centre, then consideration can be given to a site on the edge of the town
centre so as to encourage the possibility of one journey serving several
purposes. Only where it can be demonstrated that there are no town centre or
edge of centre sites which are suitable, viable or available should alternative
out-of-centre sites be considered.

2.7.2 Sequential Testing

There still remain
many cases where the sequential approach will not show potential town centre
sites as being available. Thus, whilst retail planning and the town centres
first policy is a necessary requirement for the well-being of town centres,
according to Guy (2010) it is not in itself sufficient. Many recent studies
postulate whether the sequential test is capable of ensuring that retail
development is focused in town centres? Or, alternatively, can retailers now
simply state that the alternative sites are not suitable for the specific
features of their proposed developments, including their retail identity or
business model? (Darby, 2013)

2.8 Town Centres First

Investment in new
road infrastructure increasingly attract national and international retailers to
out-of-centre locations to take advantage of large greenfield sites, to
dispense with architecture or design and instead provide ‘big box’ store
formats, with acres of free surface car parking. As the economic crisis took
hold from 2008, out-of-town stores resulted in job losses, vacancy and
dereliction among smaller independent retailers in town centres. Despite Retail
Planning Guidelines published by the Department of the Environment which are
supposed to protect urban centres, both local authorities and An Bord Pleanála
are continuing to make decisions expanding car based motorway orientated retail
space. In the Greater Dublin Area, the Board approved major expansion of retail
space at the Kildare Village and Liffey Valley Shopping centre in recent years.
Edge of town shopping has also put cities such as Waterford and Limerick in
jeopardy (An Taisce, 2011).

2.9 The Rise of Out-Of-Town Retail

2.9.1 Origins in the USA

The city landscape
and urban environment has been significantly altered by the process of
commercialisation (Wrigley & Lowe, 1996). Out-of-town retailing seems to
have started in the USA. Tarver (1957) suggests that retail started to relocate
to the outskirts of cities immediately after the Second World War. Retail was
almost erased from many city centres and high streets in the USA during the
1960s and 1970s (Robertson, 1983).  In
post-World War 2 America, it became possible for many to realise the dream of
living in the suburbs, land was plentiful and ecological issues were as yet
unrecognised (Porterfield et al., 1995).

In 1962, the first
Walmart, Target and Kmart stores opened. While the firms’ origins varied, their
common focus was on deep discounts and suburban locations. Shoppers would
arrive by car, not foot, so what mattered was highway access, acres of parking
and massive scale.

At the end of 2015,
Wal-Mart had 4,614 stores
and Supercentres in the United States, while Target operated 1,805
stores
(Foster, et al., 2015).

Haltiwanger, Jarmin,
and Klimek (2010) find that the displacement effect of big box store entry
especially impacts businesses located in close physical proximity to the big
box store. Commenting on the issue of American sprawl, Porterfield (1995)
implies that growth areas have not benefited from a proactive planning
approach. He continues to suggest that areas surrounding the growth centres
have no clear goal of development, no vision of what they could or should
become.

2.9.2 Europe

In terms of spatial
organisation, the European retail sector had evolved quite slowly until the
nineteenth century. City shops were quite simple and goods were bought over the
counter (Karrholm et al., 2011). During the 1980’s, consumption levels grew
dramatically (Slater, 1997). These changes were partly a result of the economic
crises and, according to Bauman (2007), “of such a dignity that the current
development in the Western world could be defined as a transition from industrial
societies to consumption societies”.

During the 1990’s, the
increased demand for new retail space was driven by a variety of environmental
factors: a booming economy, favourable demographics and changing lifestyles.
Unprecedented increases in consumer spending and retail sales reflect the
effective transformation of the Irish economy in the 1990s. It grew more
strongly than any other OECD country in the 1990s, and consistently recorded
the highest growth rate among EU countries during this decade (Central Bank,
1999).

While many nationally
established policies across Europe aim to curtail retail sprawl and limit the
development of “hypermarkets” due to their anticipated negative economic,
social, and ecological effects (Spilková, 2010; Spilková & Perlín, 2010), the
limited possibilities in town centres to redevelop additional retail space
combined with the small size of inner-city retail units impede to a larger or
lesser extent innovative (large-size) retail development within town centres.
Additional reasons for this centrifugal process are the costs involved with
locating in a central area, such as high rents for retailers and for consumers,
higher parking costs (Lang, 2003).

A combination of
factors including higher levels of car ownership, along with attractive
regional shopping centres, entice consumers to travel beyond their local
markets (Powe and Shaw, 2004). However, not everyone is able to travel further
away for their daily necessities. Traditionally, towns act as a concentration point
of facilities, both for households living in town and for households living in
more rural surrounding locations (Courtney et al., 2007). Research has shown
that the establishment of out-of-town shopping agglomerations does have harmful
effects on retailing at traditional locations (Astbury et al. 2014). 

2.9.3 Social Implications

Morgenroth (2013), notes…that strategic spatial planning has an
important role to play in promoting and combining social and economic
development with sustainability and consideration for the environment. Meredith
and van Egeraat (2013) state …how it has become increasingly central to
social and economic development in many European countries. (ibid).

International
experience points to the negative social effects that out-of-centre retail
development can have on existing commercial centres and downtown areas. The
effects of this relocation of retail spending for existing centres includes
losses of small business and jobs, increases in crime and vandalism, and losses
in property values, in short, urban blight or loss of amenity. In modern times,
technology has made the compact community unnecessary in the purely physical
sense. Sub division layout for community design has been replaced by shopping
centre trips for social interaction. George Tobey, in his book A History of
Landscape Architecture: The Relationship of People to the Environment, says
that we need to establish goals that guide our planning efforts. He suggests
that the values, habits and objectives of the community’s citizens must be
addressed if community is to be achieved. From the physical standpoint, he
suggests that good communities should adequately provide the means for moving
goods, people, and information, and allow for the maximum freedom of choice in
interaction among residents while providing for their health safety and
comfort.

When properly
conceived, communities provide for all the needs of its inhabitants within a
geographically identifiable area and instils in them a sense of identity and
belonging (Porterfield et al., 1995). Much literature has been written on the
ways in which planning policy can impact on communities. In ‘The Death and Life
of Great American Cities’, Jacobs (1961) argues that cities and towns are the
natural homes of supermarkets.

“Cities are the natural homes of supermarkets and standard movie houses plus delicatessens, Viennese bakeries, foreign groceries, art movies, and so on, all of which can be found co-existing, the standard with the strange, the large with the small. Like the small manufacturers, these small enterprises would not exist somewhere else, in the absence of cities”. (p.147)

Jacobs insists that
cities need countryside nearby so that “human beings can be in a position to
appreciate the rest of the natural world”.

2.9.4 Economic Implications

Having an understanding of the nature of the commercial activity in
our provinces, counties and towns is fundamental for planning and for the
future development of the economy (GeoDirectory, 2016). Research shows that
1.4 jobs are lost in town centres for every new job created in out-of-town
‘megastores’. Because of their failure to engage with local suppliers and
re-circulate money back into local economies, each new out-of-town ‘megastore’
results in a net jobs loss of 270 full-time positions, according to US research
(Neumark et. al., 2007). US experience also shows that locally based shops
return twice as much money to the local economy as out-of-town retailers.

The Irish Small and
Medium Enterprises Association (ISME) have asked consumers to consider the
economic value of their purchases and the effect that local shopping can have
on local job creation by keeping money circulating in their community.

According to their
research, every €10 spent locally on Irish products generates €24 of benefit to
the local community while 45 cents of every euro spent is reinvested locally in
comparison to only 15 cents for the foreign multiples.

Through planning
resources of the country can be allocated in such a manner that it provides
balance to the economy.

Does Planning Policy Hamper Competitiveness or Protect Town Centres?

Planning rules, have
the potential to create barriers to entry or expansion and therefore in
constraining competition, i.e. by impeding the emergence of competitors –
especially large ones – able to challenge existing retailers (ECB, 2011).

A government report
published in December 2000 entitled ‘The Impact of the Draft Retail Planning
Guidelines on the Retail Sector’ noted that the Guidelines, although not in
conflict with domestic or EU competition legislation, have the potential to
raise retailing costs and consumer prices and reduce competition. They may also
limit choice and hinder innovation.

The planning system
has influenced the type of retailers that trade in Ireland, where they locate,
what they offer consumers and the prices that consumers pay.

The Competition
Authority has found that, despite the growth in the number and size of grocery
retail outlets in Ireland since 2001, the planning system acts as a barrier to
competition in grocery retailing in three ways:

1. Restrictions on the size of a grocery retail outlet.
2. Restrictions on where a grocery retail outlet can locate.
3. The uncertainty regarding planning permission can raise the
   cost and delay the arrival of a new retail outlet.

These factors limit
competition between grocery retailers and also limit competition between
different grocery brands. They combine to limit consumer choice and value for
money (Grocery Monitor: Report No. 3, 2008).

With a specific focus
on analysing whether the present Irish Retail Planning Guidelines are effective
in delivering “equitable, efficient and sustainable retail development for
Ireland” the National Consumer Agency (NCA) reviewed the Retail Planning
Guidelines and were of the opinion that the current RPGs are written in a
manner that does not adequately facilitate inclusion of consumer and competition
objectives in the planning and delivery of new retail development. The NCA
claim that evidence exists in both the UK and in Ireland suggesting that overly
rigid retail planning policy can lead to retailers either constraining their
business model to the detriment of the consumer, merely to comply with the
requirements attaching to a presence in a town or city centre location. Other
retailers may make a decision not to trade in an area at all, if their
preferred retail format is deemed incompatible on the basis of absolutist
adherence to the sequential approach. For consumers, this has the potential
downside of resulting in lower levels of competition and choice.

The European Central
Bank (2011) underlined that “although some regulation is required to ensure
the smooth functioning of markets, too much of it can generate numerous
obstacles that hinder competition and overly favour incumbents. (…) Planning
rules, in particular, are often found to play an important role in creating
barriers to entry or expansion and therefore constraining competition
(…)”.

Much literature
exists on the concept of removing barriers to entry. Griffith and Harmgat
(2008) believe that removing barriers to enter the market would “decrease the
probability that the market equilibrium is a monopoly and increase the
probability that the equilibrium will have more than one big store”. Klapper et
al. (2006) highlight a negative relationship between entrepreneurial endeavours
and barriers to entry, highlighting the obstruction of competitive effects. Davies
& Whitehead (1995) postulate that in the absence of restrictive planning
legislation, retailers achieve economies of scope by building larger outlets.
They argue that planning in support of the independent retail sector acts to
restrict competition in the retail sector.

Consumers can benefit
from increased competition because it leads to lower prices and permits access
to a greater variety of products. Consumer welfare is negatively impacted by
higher prices found in non-competitive markets: as Basker and Noel (2012)
write, “higher market power can ultimately increase the price that consumers
pay”. Schivardi and Viviano (2011) also identify such negative relationship
between consumer welfare and entry barriers, noting that “regulation has a
substantial social cost” and notably that “liberalisations are beneficial
for low-income people”. Those gains in consumer welfare are also noted by
Hausman and Leibtag (2005), who find that households substantially benefit from
the presence of supercentres “both in terms of food expenditure and in terms of
overall consumer expenditure”, arguing that “low income households benefit the
most”.

Retail Planning Implementation in Ireland

The Decision Makers

Commenting on the
Irish Planning System, Blackwell et al. (1983), states that politicians make
the decisions normally entrusted to officials:

“Inevitably councillors become subject to various pressures which they may find difficult to resist. The Irish electoral and political system makes councillors particularly vulnerable to local demands” (Blackwell et al., 1983).

The 1963 Local Government, Planning and Development
Act was designed to fulfil a number of important objectives. One of
them was the mandatory creation of Development Plans for all local authorities.
Future developments would then be judged within the context of existing
planning policy.

Dáil debates at the
time illustrate the assumption that policy should be decided by those
accountable to the people through elections. Fearing that local officials might
be given too much power, Deputy James Tully argued that “when the local
authority is empowered to do something that should mean the elected
representatives” (Dáil Debates, 1963). Only local councillors had the right to
determine policy for the community; professionals and officials were there to
advise and then administer.

While the Irish neoliberal model takes elements of American
neoliberalism (minimal state, privatisation of public services, public –
private partnerships, developer/speculator led planning, low corporate and
individual taxation, light to no regulation, clientelism) and blends them with
aspects of European social welfarism (developmental state, social partnership,
welfare safetynet, high indirect tax, EU directives and obligations) (Kitchin
and Bartley, 2007), the claim that the Irish model sits politically somewhere
between ‘Boston and Berlin’ is suggestive of the ways in which new policies and
programmes were “folded into the entrenched apparatus of a short-termist
political culture shadowed by low-level clientelism, cronyism, and localism
which works to the detriment of long-term, statewide planning” (O’Toole, 2009).

The Mahon Tribunal

The Mahon Report
refers to the pressure exerted by politicians on officials through confidential
conversations which subsequently influence the decision-makers. Where a
permission is granted or refused at local level in response to political
influence, and in the knowledge that the decision is likely to be appealed to An Bord Pleanála, which will probably
reverse it, this is a form of soft corruption. The proposal to clarify by
departmental circular that contact from elected representatives of transparency
which are central to the elimination of corruption in the planning process. A
circular is merely advisory; this recommendation needs to be embodied in a
statutory requirement to ensure total compliance according to Grist (2012).

Conclusion

Planning guidelines
shape the towns and cities of a country and so they impact the lives of
citizens greatly. The values and images of what a society wants to achieve are
defined in the planning process. The opportunities for implementing these
images are not equal. Some individuals and groups have more resources and more
power, which allow them to pursue their images. To give power to the range of
images in a planning process requires the capacity to listen, not just for an
expression of material interest, but for what people care about. The core is a
democratic struggle for inclusiveness in democratic procedures, for
transparency in government transactions, for accountability of the state and
planners to the citizens for they work, for the right of citizens to be heard and
to have a creative input in matters affecting their interests and concerns at
different scale levels and for reducing or eliminating unequal power structures
between social groups and classes (Friedmann and Douglas, 1998). Forester
(1989) stresses that planners must use the power available to them to
anticipate and to counter the efforts of interests that threaten to make a
mockery of a democratic planning process by misusing their power.

Central to this is ensuring
any land use planning decisions are founded on a robust economic evidence base;
in particular a solid understanding of how the market operates, affects and is
affected by the planning policies. This occurs in line with the rise of the spatial
planning paradigm where economic effects and their interaction with other components
are incorporated into the planning values framework. It is critical that
planning policies and the market function together to deliver economically and
socially optimal outcomes (Fairgray, 2015). Integration of people and ideas at
all stages and all levels is a key factor in determining the long-term success
or failure of the built and human environment (Ratcliffe & Sirr, 2003). As
well as enabling the operation of the land market, planning can also provide
certainty for retailers and other land users.

 “We do not live only as consumers; we are part
of communities too. There is a balance to be struck here, and the current
guidelines strike that balance reasonably well. Rigorous competition already
exists, not only on price grounds, but also on the ethical choice there is
between shopping in locally-owned stores and leaving more money in the
community – or, going to out-of-town mega-retailers and sending more money
abroad. Weakening the current guidelines would result in mega-retailers gaining
more monopoly power, a loss of community and more money leaving the country”
(An Taisce, 2015).

Chapter Three: Research Methodology

3.1 Introduction

The term
‘methodology’ refers to a way to seek answers and deal with problems.
Methodology represents the underlying theory and analysis of how research does
or should proceed and traditionally is influenced by the research discipline.
Assumptions, interests and purposes shape the choice of methodology adopted
(Blaxter, 1997).

The aim of this
chapter is to outline and discuss the manner in which the research for this
thesis was conducted. It outlines the engaged research strategy, research
methods and the choice of research instruments selected for the analysis.

When choosing a
research topic for this thesis, the author identified an area of personal
interest. Additionally, in light of the new National Planning Framework
currently being drafted, it seemed of relevance to assess current planning
implementation.

The appropriate
selection of research methods was a fundamental element during the analysis
process. Bell (1999) accentuates that the successful researcher must have a
clear methodology to address the subject in order to scientifically explain the
results. Therefore the decision was made to use a variety of complimentary
research methods which were both qualitative and quantitative, including
strategic qualitative conversations with industry professionals, as well as the
examination of out-of-town retail planning decisions made over the past three
years.

Furthermore, the
author felt that subject matter was within their capability and that the
necessary material and research facilities were available, as well as suitable
data and the support of industry professionals.

Any research approach
is underpinned firstly by what the researcher wants to investigate. The topic
focus facilitates the identification of the research question and the rationale
for the research sets out why the researcher wants to conduct research on the
chosen topic. This is followed by the means identified as the most effective
manner by which to collect the data and, importantly, whether the data can be
collected. Expected outcomes are also identified at the early stages of the
research

3.2 Research Question

The purpose of this
research is to analyse the effects out-of-town retail has on towns and cities
from an economic and social perspective within the literature review, and
furthermore examines the effectiveness of the implementation of current
planning policy with specific regard to the location of retail. This led to the formulation of key research
objectives, which were later employed in the strategic qualitative
conversations.

Secondary research,
performed by the author was also crucial in order to generate unbiased
information on the selected research area. However, the interviews and surveys
were considered to be the most relevant in order to ascertain the impact of
out-of-town shopping centre on the high street retail sector.

3.2 Research Process

According to Dawson
(2002), the research can be described as structured enquiry, which utilises
scientific methodology especially created to solve the problem or answer the
question 32 which produces new knowledge that is generally applicable in the
future. Naoum (2007) summarises it in short as the need to expand the knowledge
base. Research methods are classified in a number of ways. For any thesis, the
most commonly used methods are qualitative and quantitative research. Strauss
and Corbin (1998) point out that quantitative research focuses on statistical
analysis, whereas qualitative methods are based on the literature review,
grounded theory, comparative analysis, observational research and
interpretation of gathered opinion. A key difference between the two above
methods is flexibility, as quantitative approach is considered to be very
limited and inflexible (ibid). Bell (1999) suggests that there are five
different styles of qualitative empirical research: case study, survey or
sampling, focus groups, text analysis or discourse, and ethnography. Yin (2003)
accentuates that based on these five styles the decision to pursue a single
method should be based on the topic of study and the type of operational
information available to the researcher. Having considered the characteristics
of each method, the author decided to employ case studies and interviews
supplemented by observation and survey questionnaires, in order to achieve the
main aim of the research.

One of the aims of
this thesis is to assess whether the introduction of the core strategy
mechanisms in the 2010 Planning and Development Act Amendment has succeeded in
improving planning policy implementation with regard to out-of-town retail
development.

3.3 Secondary Data

According to Veal
(1992) “a fundamental part of research is to scour the existing published and
unpublished sources of information”. Secondary data analysis is ‘an empirical
exercise carried out on data that has already been gathered or complied in some
way’ (Dale et al., 1988). In other words, it is an approach where the
researcher analyses data which has already been collected, usually by someone
else.

Secondary research
involves collection of data and information from existing sources, such as
journals, text books, company and government reports, websites and publications
(Creswell, 2007). For the purpose of this particular thesis, data was gathered
from academic journal articles, books and other available literature directly
related to the thesis topic. An investigation into previously written texts
related to the chosen subject was conducted for Chapter Two.

At the end of this
thesis, a bibliography is provided showing all the material that the author has
read and quoted from throughout.

3.4.1 Literature Review

Secondary research
was also an essential part in completing the literature review chapter, which
then guided the author towards further information sources in order to complete
the analysis required for this thesis.

The literature review
is a method of learning from the literature which has been read and examined.
Murray (2002) outlines it as a critical evaluation method of the chosen topic,
allowing the author to compare and contrast different pieces of literature
while also identifying gaps that would require further research.

The literature review
outlines the theory, purpose and rationale that underpin the methods adopted to
achieve the aims and objectives of the research. As discussed in previous
chapters, Ireland is faced with a number of socio-economic and political
challenges associated with economic growth during the Celtic Tiger era. Current
planning policy and strategy in Ireland is underpinned by the need to find ways
to accommodate growth in a manner that is economically viable and socially and
environmentally responsible.

The literature review
provided a thorough insight into the research field and a structure to which
this thesis is based on.

3.5 Primary Research

Parkhe (1993) states
that primary research methods involve gathering information which does not
exist yet. For the purpose of this thesis, the following primary research
methods were conducted:

• Exploratory Case Comparison Study
• Planning Appeals Search on the An Bord Pleanála Website
• Strategic Qualitative Conversations

3.5.1 Case Study

This type of case
study was selected because of the thesis aim, which sought to explain the
presumed casual links in real life examples and explore the situation in which
the intervention being evaluated has no clear, single set of outcomes (Yin,
2003). 

The main objective of
the exploratory research is the increased understanding of the research topic,
as it can help the investigator to gain required knowledge of the similarities
or interactions between two research objects (Baxter and Jack, 2008). Such studies
are necessary for market researchers in order to find a potential cause to the
signs or symptoms affecting the research object. 

Exploratory case
studies often relies on secondary data sources, such as historic literature,
available quantitative data, maps and plans, and other related case studies.

3.5.2 Planning Search

The Retail Planning
Guidelines state that “only in exceptional circumstances should out-of-town
sites be considered” for retail development. In order to assess whether this
guideline is being implemented at a local level, it was decided to search
through planning applications appealed to An Bord Pleanála for all proposed “out-of-town” retail development
from 2014 to 2017. The guidelines state that “edge-of-town” development
constitutes as anything within 300-400 metres from a designated town centre.
While every local area may vary, for the purposes of this thesis, as it focuses
on whether decision making is compliant with the Retail Planning Guidelines,
planning applications for retail development over 600 metres within any given
town centre was considered “out-of-town” development. Furthermore, proposed
retail development of 1,500 sq.m. was considered as it is unlikely that
anything under such a size would affect a town centre, however the author did
not want to exclude the likes of Lidl or Aldi from the study.

In doing this, the
decisions of the local authority, the inspector, and finally An Bord Pleanála were all compared and
contrasted.

3.5.3 Strategic Qualitative Conversations

Experts were invited
through emails or by means of a phone call to take part in the conversations.
They were given a letter explaining what strategic conversation is, together
with the list of issues to discuss. This allowed interviewees to decide to
participate or not, and to prepare for through emails discussion.

The author chose to
conduct strategic conversations as it is believed that less structured
interview allows the participant to describe what is meaningful or important to
him or her using his or her own words rather than being restricted to
predetermined categories; thus participants may feel more relaxed and candid
(Kvale, 1996).

The results of all
strategic conversations were analysed and used in the investigated case study
discussed in Chapter 5. The merits of strategic conversations must be viewed
within the potentially subjective nature of this qualitative method of inquiry.
This subjectivity, it is argued, arises from selective perceptions and biased
interpretations. In recognition of this, Kvale (1996) proposes that the
researcher’s perspectives should be clearly stated in the research report. Prerequisites
of conducting successful interviews include: being non-judgemental; listening
actively and attentively; allowing the respondent to talk; being sensitive; and
probing – following up on topics that have been raised by asking specific
questions. A strictly formal structured interview would certainly have ensured
that all areas were covered, however, Miller (1983) described it well when he
stated: “Pre-specified questions ensure that desired topics are covered, but at
the cost of preventing a natural evolution of conversation”.

Core topics were
asked in all of the interviews. The questions ensured that all important and
key issues in relation to the research were covered.

The researcher has an
important role of creating a convivial atmosphere that enables the respondent
to talk freely and in a relaxed manner. The fundamental objective was to gather
attitudes of respondents in relation to the driving issues, and trends that
influence the planning and development process in Ireland. The objectives of
the strategic conversations were to determine the interviewees’ opinions,
attitudes, understanding and aspirations within the context of the goal of more
sustainable urban development in Ireland. The qualitative strategic
conversations were recorded using a standard tape recording device and
conducted following best practice guidance (Kvale, 1996). This consisted of a
briefing, the interview proper and debriefing. Each participant was thanked for
their time and contribution to the collection of data for the research project.
The context for strategic conversations and the profiles of the interviewees
who participated in data collection for this research are discussed in greater
detail below. A copy of the questions asked is available in Appendix 4.

3.5.4        The Sample Chosen

The sample chosen for
the interviews was drawn from a wide array of experts from different aspects of
the property industry. It enabled opinions to be gained on all aspects and
issues regarding planning policy and its implementation.

3.6 Mixed Methods

Research may be
characterised as quantitative or qualitative in nature. Qualitative research is
in complete contrast to quantitative research, which focuses on hard science
such as engineering (Denzin, 1998). A quantitative research strategy emphasises
quantification in the collection and analysis of data and entails a deductive
approach to the relationship between theory and research, in which the accent
is placed on the testing of theories. A qualitative research strategy in
contrast usually emphasises words rather than quantification in the collection
and analysis of data and predominantly emphasises an inductive approach to the
relationship between theory and research, in which the emphasis is placed on
the generation of theories (Bryman, 2001; Bryman, 2008). The use of
complementary methods also reveals discrepancies that a single technique might
not (Kane and De Brún, 2001). The use of both quantitative and qualitative data
collection techniques, known as ‘methodological triangulation’ (Kane, 2001;
Robson, 2005), adds greater depth and scope for achieving the aims and
objectives of the research in a more positive and meaningful way. In addition,
methodological triangulation represents a means to validate the research
findings (Richardson, 2000). Nonetheless, the idea of combining quantitative
and qualitative data collection methods in a multi-method approach for a single
research project has generated much debate. The arguments against multi-method
research tend to be based on either, and sometimes both, of two kinds of
argument: the idea that research methods carry epistemological commitments and
the idea that quantitative and qualitative research are separate research
paradigms (Bryman, 2001 and Bryman, 2008).

There are strengths
and weaknesses for both qualitative and quantitative research and Johnson and
Onwuegbuzie (2004) explain that qualitative research allows for an in-depth
understanding to be gained from smaller numbers of people and can allow for
comparisons amongst a group of people. Descriptions of peoples situations can
be in rich detail as they understand their situation in the local setting and
this data can be used to produce “an explanatory theory about a
phenomenon”(p.20). However, using purely a qualitative method means that it is
challenging to make numerical projections and the information may not be able
to be transferred to other settings. Results, too, may include more of a bias from
the researcher. Quantitative research on the other hand can provide, in a
relatively short amount of time, quite detailed numerical information, which
can be used in a more generalised research setting and can also possibly have
more influence on people in positions of power such as Government and funding
agencies. However, quantitative research may not actually convey the local
peoples’ view on the matter under research and the data produced may be too
general to be used in local situations. Johnson and Onwuegbuzie (2004) state
that an aim of mixed methods research is to gather from the strengths of both
the qualitative and the quantitative research methods and to minimise the
weaknesses of both throughout the research study.

Strengths of mixed
methods research are noted as giving greater meaning to the numbers through the
use of narratives and pictures and numbers can add “precision” (p. 21) to the
narratives; the researcher can use a more extensive range of research questions
and techniques, using the strengths of one method to mitigate the weaknesses in
another and a stronger conclusion can be drawn by bringing together the
evidence and findings from both methods. Some of the weaknesses of mixed
methods are noted as being a time consuming approach which can be challenging
for one person to carry out both the qualitative and quantitative aspects of
the research. The researcher also will need to learn about a number of research
methods and how to use these and bring them together correctly. As part of my
mixed methods approach, I will be

3.6.1 Triangulation

Bryman (2008)
describes the triangulation as a research model which uses more than one
approach when investigating a research question in order to enhance confidence
in the ensuing findings. Many undergraduate researchers are using only a single
method of primary research for their thesis and therefore it may suffer from
limitations associated with the specific application of it, whereby the
triangulation offers the enhanced confidence (ibid).

Deliberately
combining different types of methods within the same investigation provides a
strategy for overcoming each method’s weaknesses and limitations (Brewer and
Hunter, 1989; Bryman, 2008).

3.7 Research Limitations

It is important to
acknowledge some of the limitations that were encountered during the course of
writing this thesis. In order to assess the implementation of the Retail
Planning Guidelines, only one aspect of the Guidelines were assessed; that
being whether the local authorities are trying to limit out-of-town retail by
refusing permission, or granting permission on the basis that no other sites
were identified under the performance of a sequential test.

Time constraints were
also a limiting factor as reading through the various planning applications,
inspectors reports, and final board decisions was a very time consuming
process.

Chapter Four – Case Study: Policy Implementation in Thriving vs. Struggling Town Centre

4.1 Introduction

An analysis of
commercial vacancy rates across Ireland, published by Irish buildings database
GeoDirectory and DKM Economic Consultants found that the average commercial
vacancy rate in Leinster (excluding Dublin) was 12% in Q2 2016.

This case study is a comparison
of an out-of-town retail planning decision in what could be considered to be a
struggling town centre such as Edenderry, Co. Offaly, which has the highest
commercial vacancy at rate at 31%., versus a thriving town centre such as
Greystones, Co. Wicklow, which has the lowest commercial vacancy rate at 4.5%.

This chapter aims to
briefly analyse a planning decision in each local authority in relation to
retail location, which feeds back into the overall research question of whether
Irish retail planning policy is effectively implemented. Without insinuating
that the planning decisions discussed are the sole reason for the level of town
vacancy, the author has provided some insight into what decision making process
was behind the retail developments in question.

4.2 Edenderry, Co. Offaly

4.2.1 Planning Application Overview

A development
company, Clonmullen Partnership, bought a parcel of land located off the Dublin
Road from Offaly County Council in February 1999, initially seeking permission
to build a hotel and retail units on the site (Merrick, 2013). Subsequently,
this permission was granted.

In 2005, however, a
new planning permission was sought; for a new, out-of-town-centre, Tesco
supermarket.

4.2.2 Local Authority Decision

In a request for
further information, Offaly County Council asked Clonmullen Partnership to
demonstrate that the proposal complied with the County Development Plan Retail
Strategy and the Retail Planning Guidelines for Planning Authorities, and to
submit a Retail Impact Assessment, as ‘the Planning Authority had a number of
serious issues about the proposed development and the impact on the vitality
and viability of Edenderry town.’

Despite accepting the
Retail Impact Assessment, the Local Authority refused permission for the out-of-town-centre
Tesco, on the grounds that the location of the proposed development at an out
of town centre location on the periphery of Edenderry would be contrary to the
provisions relating to retail warehousing as set out in the Retail Planning
Guidelines and would also be contrary to Offaly County Council’s Retail
Planning Strategy. The proposed development would therefore set an undesirable
precedent for other such developments in the area.

The decision of
Offaly County Council to issue notification to refuse planning permission was
appealed by Kenny & Associates on behalf of the applicants.

4.2.3 Retail Impact Assessment

Clonmullen
Partnership commissioned a private company, the Development Planning
Partnership, to write this Retail Impact Assessment. The key argument of the
report was that as the new Tesco store was simply replacing an old, outdated
one, there would be no negative impact on retail in the town. In fact the move
would encourage ‘commercial synergy’ (Merrick, 2013). ‘The proposed foodstore
[…] would complement, not compete with the town centre offer which is diverse,
and subject to further investment, will become a stronger district facility’.

The town had many
successful businesses and hence the argument was that it would not suffer if the
main retail centre moved from the centre. The report contended that the
existing Tesco site would create a ‘viable commercial opportunity […] that
would be redeveloped as a three storey structure in line with the best features
of the town centre’ and asserted that ‘in the event of planning permission
being granted on the Clonmullen site, a planning application for an appropriate
redevelopment of the Tesco site would be submitted within six months.’

It was concluded that
the scale of the proposal was modest and would not have any detrimental impact
on the town centre. It was also stated that the proposal is not contrary to the
County Retail Strategy and will result in a positive addition to the retail
profile of Edenderry.

4.2.4 Planning Inspector Recommendation

Having regard to the
zoning provisions contained in the current Edenderry Local Plan, together with
the policies set out in relation to retail parks and retail warehouses
contained in the Retail Planning Guidelines for Planning Authorities, January
2005, it was considered by the Planning Inspector that the proposed development
would not seriously injure the amenities of the area or of property in the
vicinity and would generally be acceptable in terms of traffic safety and
convenience. The proposed development would, therefore, be in accordance with
the proper planning and sustainable development of the area.

4.2.5 An Bord Pleanála Decision

The Board decided to
grant permission “generally in accordance with the Inspector’s recommendation”.

4.3 Greystones, Co. Wicklow

4.3.1 Planning Application Overview

A planning
application was sought by Zapi Properties in January 2009 for a district
shopping centre, retail warehouses, enterprise units, industrial units, car
showrooms, offices, petrol filling station, 260 residential units, car parking,
crèche, sites for a primary school, Garda station, recycling centre and
associated site development works. The northern boundary of the site is located
approximately 2.5km from Greystones town centre and the DART station.

4.3.2 Local Authority Decision

The report of the
Planning Officer recommended that planning permission be refused for reasons
related to:

• Shopping centre located in an out of centre, Greenfield site
  at a significant distance from Greystones town centre.
• Unsatisfactory sequential test.
• Conflict with national policy and adverse impact on the
  vitality and viability of Greystones.

While the Director of
Services disagreed with the Planning Officer’s recommendation, it was suggested
that the retail provision be phased which would give immediate retail
facilities to the town on predominantly employment zoned lands while allowing
for the possibility of town centre retail expansion.

The Planning
Authority subsequently decided to grant a ten year planning permission for the
proposed development on a conditional basis.

4.3.3 Retail Impact Assessment

The applicant’s
Retail Impact Assessment carried out a Sequential Test of the several zoned
sites. While the Retail Impact Statement identified six potential large retail
scale sites in and around the outskirts of Greystones, most of the sites were
discounted mainly because of their restricted size. The analysis concentrated
on the South Beach/Mill Road site and the appeal site at Charlesland. The test
concluded that the South Beach/Mill Road site was unsuitable because it was too
small to accommodate a retail development of the scale and layout proposed, the
lack of spare capacity in the local road network, its proximity to a
Residential Conservation Area and its unavailability. The test concluded that
the appeal site at Charlesland was the most viable option available.

4.3.4 Planning Inspector’s Recommendation

Arising from the Planning
Inspector’s assessment of the appeal case, a split decision was recommended to
be issued. It was recommended that planning permission should be granted for
the proposed development with the exception of the district shopping centre and
the retail warehouses.

4.3.5 An Bord Pleanála Decision

Having regard to the
Retail Planning Guidelines, the Board decided to grant permission for the
proposed development with the exception of the district shopping centre and the
retail warehouses, generally in accordance with the Inspector’s recommendation,
saying it would conflict with national policy which ‘favours the siting of new
retail development in town centres or edge of centre locations’.

They also said that
Greystones is a Level 3 Town Centre designed to serve mainly local needs. ‘The
proposed development would undermine the retail hierarchy and the designated
role of Bray and Wicklow as Level 2 town centres’.

Furthermore, it was felt
that the applicant, Zapi Properties had not ‘satisfactorily demonstrated that
alternative sites closer to the existing retail core are not suitable for
development or that the proposed development would not prejudice the orderly
sustainable expansion of the existing retail core of the town’.

4.4 Conclusion

In the case of
Edenderry, the building that Tesco vacated in the town to move the out-of-centre
site remained vacant and fell into disrepair. A charity shop opened in the
premises in late 2012. It could be argued that Tesco, like Quinnsworth and
O’Brien’s before it, had been the ‘anchor tenant’ within Edenderry town centre
(Merrick, 2013). Following its relocation many established businesses left the
street, others closed down, unable to survive the recession.

As discussed in
Chapter Two, planning applicants must assess the size, availability,
accessibility, and feasibility of developing firstly town centre and secondly
edge of town centre sites. Consideration may be given to out of centre sites,
but only where there are no suitable alternatives. In both planning application
processes outlined above, the sequential test undertaken was claimed to be
inadequate or unsatisfactory somewhere along the line of planning decisions.

Chapter 5 – Analysis and Findings

5.1 Introduction

Mason (2002) highlights an important, but sometimes
neglected, point in planning research – that early decisions about research
design and methods involve, to a degree, ‘anticipating the process of data
collection’. Data analysis, then, should not be a process that is only thought
about and carried out after data collection has occurred. Instead, the analysis
of data is central to the research process with a main focus being collecting data
that can be meaningfully analysed to build descriptions and explanations that
answer the research questions.

The aim of this thesis is to establish whether the Retail
Planning Guidelines are consistently implemented in Ireland. This
results chapter contains the key findings and themes gathered from case studies in
Chapter Four, the data collected from the An Bord Pleanála (ABP) website, as well as the information obtained
through the strategic qualitative conversations (SQC).

The material gained from the case studies aimed to portray
an in-depth look at two out-of-town retail planning decisions in two very
different town scenarios. This should give the reader a better understanding as
to how planning policy was implemented in Ireland prior to the 2010 Planning
and Development Act Amendment. As is well documented, in the Planning and
Development Amendment Act (2010), an amendment was made such that local
authorities are obliged to prove that their decisions comply with the planning
guidelines as opposed to just “have regard” to them. The author felt that in
assessing the implementation of planning policy, it was important to become
familiarised and gain an understanding into what key factors were taken into
account in the decision making process.

The planning search aimed to look at more recent planning
decisions in order to assess whether planning policy in relation to retail
location is in line with the Retail Planning Guidelines. The planning search
analyses whether local authorities, and indeed An Bord Pleanála, are committed to restricting retail development
to town centres, or as close as possible to the town, when at all possible.

The strategic qualitative conversations were conducted to
gain an insight into industry opinion of the guidelines in their policies and
implementation. Additionally, the SQC’s were important in helping the author
make an informed conclusion and offer some recommendations for Chapter 6. It
was believed that strategic qualitative conversations were the best method of
interviewing as it allowed a natural conversation to flow between the
interviewer and interviewee. Furthermore, it was all their own points of view
and opinions on the planning system that was required. A number of key topics
were covered in each conversation in order to formulate and organise relevant
results.

5.2 Case Study

The material gained throughout the case study investigation highlights
the importance of planning policy implementation at all levels. The case study
carried out in Chapter Four analysed a strategic planning decision in relation
to out-of- town retail development in Edenderry, County Offaly and Greystones,
County Wicklow. These two towns were chosen on the basis of highest and lowest
Leinster commercial vacancy rates, in order to represent a town with a
struggling town centre versus a town with a thriving town centre.

5.3.1 Findings

It would appear that
there was an absence of effective co-ordination amongst principal stakeholders
within the planning process of both case studies. The public sector is
concerned to achieve a range of objectives relating to socio-economic change,
often simultaneously through the activities of a number of agencies. By
contrast, the principal aim of the private sector is profit maximisation.

5.4  Strategic Qualitative Conversations

A series of strategic qualitative conversations (SQC) were
conducted with some of the leading practitioners and academics in this field. This
method of qualitative analysis was inspired by Brian Hughes

5.4.1 Participants

Claire Solan, President of the Society of Chartered
Surveyors

Seamus Butler, Head of County Longford Chamber of Commerce

Edmund O’Callaghan, Head of Retail Management Studies DIT

Hendrick van der Kamp, Head of Spatial Planning DIT

Alison Hegharty, The Heritage Council

5.4.2 Nature of Topics Adduced

The SQC approach is to obtain the considered views of the
experts in order to determine the commonality of answer or alternatively, to
discern any significant divergence resulting from these one-to-one
conversations with this student. These queries were formulated on the basis
that the learned SQC respondents would be familiar and up to date with this subject
area. A principal objective was to preserve the anonymity of the individual
contributors. Seven specific (underlined) theme areas were addressed:

1. Out-Of-Town Retail – Opinions on how out-of-town
   retail can affect town centres.
2. Guidelines – Have the Retail Planning Guidelines adopted strategic
   policies?
3. Implementation – Has retail planning policy been successfully implemented
   in latter years?
4. Transparency – Is more transparency needed?
5. Retail Impact Assessment (RIA) – Is current method of Retail Impact
   Assessment effective in its aim? Or are retailers now simply stating that the
   alternative sites are not suitable for the specific features of their proposed
   developments, including their retail identity or business model?
6. Town Centre – What needs to be done to improve the state of struggling
   town centres in Ireland? More consistent implementation of existing planning
   policy? New directives to promote the growth of healthy urban centres?

5.4.3 Findings

• Out-Of-Town Retail

All interviewees were unanimous in the belief that
out-of-town retail has a negative impact on town centres. As stated in the
guidelines, the range of goods permitted to be sold in out-of-town retail
developments should be restricted to the sale of bulky household goods. The permitted
uses exclude the sale of goods which are not bulky such as food, clothing and
footwear items.

• Strength of Current Guidelines

While one interviewee believed that the guidelines are
somewhat subjective in some of its terminology, particularly with regard to the

• Implementation

The overall consensus is that the guidelines are not
implemented well in general when Ireland is viewed as a whole.

• Transparency

Mixed opinions on the subject of increasing transparency
within the planning system. One candidate was of the opinion than an
independent Planning Regulator would be a good idea however others see this as
adding another layer into the process which will not only slow the process down
but may lead to further corruption. An
Bord Pleanála are supposed to be the appropriate independent planning
regulator in the Irish planning system.

• Retail Impact Assessment (RIA)

All interviewees believe that more evidence based sequential
testing is necessary with one candidate even stating that further training and
guidance may be necessary for officials.

• Town Centre

More consistent
planning policy implementation and tax incentives to encourage town centre
development seemed to be the overall consensus. There is a necessity to conduct
an annual audit of town centre performance. The audit could include a mystery
shopping exercise, street interviews and a town centre assessment. The annual
results would be published and support could be put in place for the weaker
performing towns – an intensive care process could be implemented to assist the
weaker towns and streets. Furthermore the Town Team should implement quarterly
exit interviews where shoppers and other town and city users are interviewed at
the end of their town visit to insight what is working and what can be
improved.

In conclusion, these significant qualitative insights are
complemented by the quantitative analysis and outcome.

5.5 Planning Search

A thorough search of the planning applications appealed to An Bord Pleanála in relation to
proposed out-of-town retail development actively aimed to identify whether
out-of-town retail is being limited to exceptional cases, as stated in the
guidelines. Furthermore, in each case it was identified whether a sequential
test was performed as part of the retail impact assessment. In doing this
search, a criteria was applied and a number of outcomes were recorded. The
criteria being;

• Retail development accounted for must be 600 metres or more
  outside the town centre. According to the Retail Planning Guidelines,
  edge-of-centre development is development that occurs 300-400 metres away from
  the town centre.
• Any retail development 1500 sq. ft. and over, as the author
  felt it was necessary to account for the Lidl and Aldi type retailers.

5.5.1 Local Authority Decision

Source: Author

5.5.2 Planning Inspector Recommendation

Source: Author

5.5.3 An Bord Pleanála Decision

Source: Author

The above graph
demonstrates that of all the planning applications for out-of-town retail
development that were appealed to An
Bord Pleanála, only 33% of the application were granted permission. The
other 67% of applications were refused permission on the basis that they were a
material contravention of the Retail Planning Guidelines, and would in fact,
negatively impact the town centre.

5.5.4 Sequential Tests

Where the author states that sequential testing was “not
necessary”, this was in the case of an expansion to an out-of-town retail
development, or if the proposed development was considered to be locating on
the most suitable site by the local authority themselves.

5.6 Chapter Conclusion

It was discovered that in 100% of the cases where the Board
overturned a local authorities decision to grant an out-of-town retail
development, it was due to the reason that the Board felt that granting such a
development would be a material alteration of the Retail Planning Guidelines as
it would have a negative impact on the viability of the town centre.

The spatial form of both past and present development
experienced often does not conform to the plans outlined in the guidelines. This
is due to an absence of effective co-ordination amongst principal stakeholders,
and the lack of organisational capacity with statutory powers to implement
necessary strategies at the regional level.

Perhaps competition for resources and revenue amongst the
individually affected local authorities who remain the statutory planning
authorities for the region is another factor contributing to a lack of
consistent policy implementation.

Chapter Six – Conclusion and Recommendations

6.1 Aims and Objectives Revisited

Before moving on
to the conclusions and recommendations, it is necessary to revisit the original
aims and objectives. The overall aim of this thesis was to provide an in-depth
look at planning policy implementation in relation to retail location. The
reasons for choosing this topic were in light of growing vacancy rates in
regional towns across Ireland along with the current drafting of the National
Planning Framework. To summarise the original aims and objectives:

• Discuss the development of
  retail planning policy in Ireland
• Critically analyse the Retail
  Planning Guidelines in terms of consistency and effectiveness
• Discuss a strategic planning
  decision in
  two regional Irish towns; one with a thriving town centre, one with a
  struggling town centre
• Interview property
  professionals and academics in the area of planning to get a well-rounded
  opinion of the Irish planning system and how they interact with the system.
• Qualitative analysis in the
  form of identifying retail developments that were granted or refused on the
  basis that they did/did not comply with the Retail Planning Guidelines.
• Offer views on suitable future
  path of the retail planning system, and the role and content of national level
  guidance to local authorities.

6.2 Conclusion

The local government
system is inhibited by a lack of resources and an over-dependence on central
government decisions made annually as part of the budgetary process, and by a
lack of coherence and co-ordination in the delivery of services.

During the Celtic Tiger, a lot of unregulated development occurred
throughout Ireland (see Chapter Four: Edenderry Case Study). This thesis aimed
to analyse more recent planning permissions under specific stated criteria with
the objective of understanding whether the permissions granted were in line
with the Retail Planning Guidelines from a locational perspective. While it is
true that certain out-of-town retail development may have been in line with
local development plans, this thesis aimed to identify whether development was
in line with the national retail planning guidelines. It is fair to say that
there hasn’t been significant retail development since the boom times, but from
the analysis carried out within the scope of this dissertation, it would appear
that planning policy implementation is not enforced enough in terms of retail
development location.

Enforcement of any
regulatory code is crucial to the integrity of the system. However, enforcement
continues to be the weakest link in Ireland’s weak planning system. The trend
for off-centre retail developments is continuing, despite a period of recession
and a longer-lasting set of policy designed to discourage it. We appear to be
in a dichotomy of a renewed government focus on town-centre and high-street
health whilst planning continues to be granted for large off-centre retail,
which is tacitly recognised as potentially damaging to the very same places
(Astbury et al., 2014).

6.3 Recommendations

The undertaking of strategic qualitative conversations led to
interesting insights and a number of recommendations. An issue that needs to be
considered is the lack of sufficient sequential testing undertaken as part of
the Retail Impact Assessment. Currently, sequential testing is not detailed and
informative enough in the reasoning as to why retailers choose to not locate on
a site (if available) closer to the town. While it has been pointed out that
stricter sequential testing may lead to certain retailers deciding to not
locate in the town at all, furthermore leading to the loss of potential
employment opportunities – as one interviewee put it, the strength and
viability of a town would benefit the economy much more in the long run.

6.4 Limitations of Thesis

It is believed that all the objectives and the aim of this thesis
were thoroughly researched and analysed in-depth, both through primary and
secondary research, using qualitative and quantitative data, which ultimately
resulted in a set of comprehensive conclusions and recommendations for the
future.

However, a number
of limitations were encountered. The limitations of this thesis include:

• This dissertation only checked
  proposed retail development against the national Retail Planning Guidelines as
  opposed to each individual local area plan. However, despite this, in the cases
  where the Board refused planning permission that had been granted by local
  authorities, 100% of such decisions were decided on a basis that it was
  believed that the proposed out-of-town retail development in question would
  negatively impact the town.
• The only factors that were analysed
  were location of retail and application of sequential testing (for more
  suitable sites closer to the town). Therefore it would be incorrect to
  insinuate that all planning policy is poorly implemented as this thesis only
  looked at planning policy in relation to location of retail development.

6.5 Further Research Opportunities

Further research
opportunities are certainly available in the field of retail planning. Perhaps
an analysis of the local area plans in terms of their compliance with the
Retail Planning Guidelines would be an interesting study.

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