Portas calls for relaxation of market stalls regulation but LGA expresses concern

Unnecessary market stall regulations should be removed as part of a package of measures aimed at revitalising the UK’s high streets, Mary Portas has recommended.

Publishing the outcome of her government-commissioned review this week, the high-profile retail consultant argued that anyone should be able to trade on the high street “unless there is a valid reason why not”.

But the Local Government Association expressed deep concern at the proposal, which it said must be put out to consultation.

Portas also called for the proactive, “more hands-on” use by local authorities of compulsory purchase powers, and the empowerment of councils to step in when landlords are negligent with new “Empty Shop Management Orders”. These orders would work on a similar basis to the powers councils have in relation to empty homes.

“Local authorities could then enter and upgrade strategic properties that have been left empty,” the review said. “They could manage them, rent them and maybe even use the frontage for advertising as a way to generate extra revenue, just as the shopping centres do.”

Other key proposals relevant to local authorities in the review included:

• A presumption in favour of town centre development should be made explicit in the wording of the National Planning Policy Framework
• Business Improvement Districts should be empowered to take on more responsibilities and powers and become “Super-BIDs”
• Legislation should allow landlords to become high street investors by contributing to their Business Improvement District
• Local authorities should use their new discretionary powers to give business rate concessions to new local businesses
• Councils should implement free controlled parking schemes that work for their town centres. There should also be a new parking league table
• The Government should include high street deregulation as part of its ongoing work in tackling red tape
• The restrictive aspects of the ‘Use Class’ system should be addressed to make it easier to change the uses of key properties on the high street
• Betting shops should be put into a separate ‘Use Class’ of their own
• The introduction of “exceptional sign off” by the Secretary of State for all new out-of-town developments and a requirement for all large new developments to have an “affordable shops” quota
• A contract of care between landlords and their commercial tenants should be encouraged by promoting the leasing code and supporting the use of lease structures other than upward only rent reviews, especially for small businesses
• Further disincentives should be explored to prevent landlords from leaving units vacant
• Banks which own empty property on the high street should either administer these assets well or be required to sell them
• A public register of high street landlords should be created
• A high profile campaign should be run to get people involved in Neighbourhood Plans
• The inclusion of the high street in neighbourhood plans should be promoted
• Developers should be required to make a financial contribution to ensure that the local community has a strong voice in the planning system
• Support should be given for imaginative community use of empty properties through the Community Right to Buy, Meanwhile Use and a new “Community Right to Try”.

Portas added that a number of pilots should be run to test proof of concept.

She said: “I don’t want to live in a Britain that doesn’t care about community. And I believe that our high streets are a really important part of pulling people together in a way that a supermarket or shopping mall, however convenient, however entertaining and however slick, just never can.

“Our high streets can be lively, dynamic, exciting and social places that give a sense of belonging and trust to a community. Something which, as the recent riots clearly demonstrated, has been eroded and in some instances eradicated.”

She added: “Those who see high streets purely in commercial terms need a reality check, because, without the engagement and collaboration of local people many high streets will die and retailers, landlords and local authorities alike will see their investment wasted.

“Local authorities, landlords, retailers and the public need to work together to really animate the spaces they occupy; re-imagined as destinations for retail, socialising, culture, health, wellbeing, creativity and learning.”

Peter Box, Chairman of the LGA's Economy and Transport Board, said: "Councils have long recognised that our high streets need an urgent revamp, which is why the Local Government Association called for councils to have the power to take over empty shops and use them to provide services such as training centres, libraries or youth clubs, while tenants were found. Councils are keen to shape town centres as social and community, as well as vibrant shopping hubs.

"While some of the report's recommendations are positive, such as an increased role for businesses and cracking down on the number of new betting shops, the LGA is extremely concerned that removing regulations around market stalls will result in rogue traders taking advantage of cash strapped families and flooding the market with dangerous and counterfeit goods.”

Cllr Box insisted that councils played a crucial role in growing local economies and improving high streets, “and need to be suitably consulted if they are to achieve this”.

He added: “The LGA wants to ensure that any decisions take on board the knowledge of councils, protect their ability to respond to local circumstances, and target the anti-social behaviour, such as littering, metal theft and graffiti which is too often seen on our high streets.”

The government will review Portas’ recommendations and publish a response in the Spring of 2012.

The full review can be viewed here.

Philip Hoult