In policies E3, E5 and E9 certain applications are required to be accompanied by evidence of active and comprehensive marketing.

Marketing evidence requires demonstration of a comprehensive and active marketing campaign for a continuous period as specified in policy E3, E5 and E9, prior to submission of a planning application, unless otherwise agreed by the Borough Council. Any marketing of property or tenancy also require the site freehold to be marketed in the same fashion.

Marketing must be undertaken through a recognised commercial agent at a price that genuinely reflects the market value of the current or last use of the site. It must be shown to the Borough Council's satisfaction that marketing has been unsuccessful for all relevant floor space proposed to be lost through redevelopment or change of use. Sufficient detailed information is required to be submitted alongside any planning application to demonstrate compliance with the above criteria.

Evidence of active marketing is to include all of the following:

(a) contact information posted in a prominent location on site in the form of an advertising board (subject to advertising consent, if required)

(b) registration of the property with at least one commercial property agent

(c) full property details and particulars available to inquirers on request

(d) property marketed for its current or last use

(e) property marketed at a reasonable price and terms, including in relation to use, condition, quality and location of floorspace

(f) no covenant or any other form of tie restricting the future use or operation of the property or land

In addition evidence should be submitted regarding:

(a) the history of marketing, agent(s) and media used (press articles and advertisements);

(b) interest in the site/premises including

• the number and details of enquiries received, the number, type, proposed uses and value of offers received;
• reasons for refusal of any offer received, and reasons why any offers fell through;
• the asking price or rent at which the site or property has been offered, including a professional valuation from at least three independent agents to confirm that this is reasonable and competitive (including the offer of renewal of lease to existing tenants at a reasonable market rate);

(c) flexibility in space offered, including dividing up large areas of floorspace where this is possible and practical and alternative layouts; and

(d) the reasons for prospective tenants not taking up space and how these problems have been addressed);

(e) alternative marketing strategies, including management of the space by specialist third party providers.

(f) the length of marketing period (at least 12 months continuous marketing), including dates; and

(g) the length of the vacancy period.

It is proposed that a checklist will be developed to appraise evidence of marketing and to ensure a consistent approach is taken for all applications. This will be published as part of an SPD. The Council must be satisfied that the evidence received is robust and the information is presented in a way that is clear to Councillors, officers and the public.