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The National Health Service (Pharmaceutical Services) Regulations 2005

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Approved retail areas

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15.—(1) For the purposes of these Regulations, premises are in an approved retail area if they are in a retail area that has been approved by the Secretary of State under this paragraph for the purposes of the exemption in regulation 13(1)(a).

(2) Approval of an area under paragraph(1) shall only be granted if the Secretary of State is satisfied that it is in respect of—

(a)an area—

(i)which comprises a discrete site or building which is a shopping centre, a retail park or retail premises, or

(ii)for which is planned a discrete site or building which, if the permitted development is carried out (and it may, at the time of the approval, be part carried out), will be a shopping centre, a retail park or retail premises,

and such an area, for the purposes of these Regulations, is a “retail area”;

(b)a retail area which is not or will not be part of—

(i)a primary shopping area which is or is part of—

(aa)a city, metropolitan or town centre; or

(bb)a district centre which performs the role of a city, metropolitan or town centre, or

(ii)an edge of centre location which relates to—

(aa)a city, metropolitan or town centre; or

(bb)a district centre which performs the role of a city, metropolitan or town centre,

and in determining whether or not an area is a “primary shopping area” or an “edge of centre” location for the purposes of this sub-paragraph, regard shall be had to any relevant national planning policy guidance; and

(c)a retail area which exceeds or will exceed the minimum size,

but approval under paragraph (1) shall otherwise be granted by the Secretary of State as he sees fit.

(3) For the purposes of paragraph (2)(c) a retail area exceeds or will exceed the minimum size if—

(a)in the case of a shopping centre or retail premises, it is or will be, or incorporates or will incorporate, leasehold retail premises the gross floor space of which exceeds or will exceed 15,000 square metres; or

(b)in the case of a retail park, it, together with any adjacent retail area, incorporates or will incorporate leasehold retail premises the gross floor space of which exceeds or will exceed 15,000 square metres.

(4) The Secretary of State shall publish, in such manner and at such intervals as he sees fit, a list of retail areas which are for the time being approved by him under paragraph (1).

(5) The Secretary of State may withdraw his approval under paragraph (1) of a retail area in appropriate circumstances.

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