Issue - meetings

Change of use of building from Use Class B1 (offices) to Use Class D1 (non-residential establishments) together with changes to the external elevations of the building, creating an access road, bus parking and footpaths

LOCAL MEMBER: Councillor Menna Baines

Link to relevant background documents

Recommend that the appeal is refused on the following basis:

1.    The proposal is contrary to the requirements of Policy ISA3 of the Gwynedd and Anglesey Joint Local Development Plan (2017) which states that the sequential test should be adopted when determining the location of proposals for further and higher education with priority given firstly to existing further or higher education sites or, secondly, on sites which have a close association with an existing campus. On this basis, it is considered that the proposal does not comply with criteria 1 and 2 of Policy ISA3 of the LDP or with national policies based on the requirements of 'Future Wales: The National Plan 2040 (2021)' and 'Building Better Places: The Planning System Delivering Resilient and Brighter Futures' (July 2020).

2.    The proposal is contrary to the requirements of Policy PS13 and CYF1 of the Anglesey and Gwynedd Joint Local Development Plan (2017) which states that land and units on existing employment sites (Parc Menai is listed in the Policy) are safeguarded for employment/business enterprises.

3.    The proposal is contrary to the requirements of Policy PCYF 5 of the Gwynedd and Anglesey Joint Local Development Plan 2017 and Supplementary Planning Guidance: Change of Use of Community Facilities and Services, Employment Sites and Retail Units (2021), which states that proposals to release land on existing employment sites that are protected for Use Class B1, B2 or B8 in accordance with Policy PCYF1 for alternative use will only be approved in exceptional circumstances. Based on the information submitted with the application (and the separate reason for refusal, based on Policy ISA 3), the Local Planning Authority does not consider that exceptional circumstances have been proven. Furthermore, and without robust marketing activity and robust evidence regarding why buildings cannot be adapted to overcome the matters identified, there is no evidence that the site is unlikely to be used in the short or long term for the original use or safeguarding use, and that there is no viable business or industrial use for the site. In addition, there is no over-provision of employment sites within the vicinity; educational use would have a detrimental impact on employment use in nearby sites and the Local Planning Authority is not convinced that other suitable alternative sites exist for the proposed purpose.

4.    The proposal is contrary to the requirements of Policy PCYFF2 of the LDP, which states that proposals will be refused if: (i) they have a significant detrimental impact on health, safety or amenities of the owners of local property, land uses or other property or the features of the local area due to an increase in activities, noise disturbance, litter or other forms of pollution or disturbance and (ii) land that has been designated for other developments.  It is anticipated that the nature of the use of the further and higher education facility would increase the noise/disturbance and movements of pedestrians/students within and around the site, e.g. during lunch hours or free lectures.

Change of use of building from Use Class B1 (offices) to Use Class D1 (non-residential establishments) together with changes to the external elevations of the building, creating an access road, bus parking and footpaths

a)            The Senior Development Control Officer highlighted that there was a request for the Committee to present their views on the report that formed an appeal statement to the planning inspectorate to recommend to refuse the planning appeal

A full application was received to change the Tŷ Menai/Technium building located on the Parc Menai Employment site, which was currently empty, from its existing Use Class B1 (offices) to Use Class D1 (education non-residential establishment) together with creating an access road, bus parking, foot paths and changes to the building's external elevations.

It was reported that the development was at a scale that meant that it would have been submitted to the planning committee on 6 September, 2021 however, the applicant had submitted an appeal to the planning inspectorate on the grounds of a lack of decision. It was explained that when an appeal was submitted on the grounds of a lack of decision, the local planning authority had an additional period to determine an application during the first four weeks after the appeal was received. The appeal was submitted on 4 August 2021 and, therefore, the four week period came to an end on 1 September 2021. Having considered the timetable and the fact that no meeting of the Planning Committee would be held in August, it was not possible for the application to be determined within the four week period. Under such circumstances, the system did not allow the Council to determine the application.

It was added that as part of the appeal process, the planning inspectorate gave the local planning authority the opportunity to submit an appeal statement, where the authority could express opinions and recommend a decision. As officers had no delegated rights to determine the application, the application was submitted to the committee in order to receive their opinion. The opinion would be submitted to the planning inspectorate as part of the appeal statement. 

Reference was made to the main concerns of the Planning Authority together with the Economy and Community Department, Gwynedd Council and these included:

1.    Bangor City Centre Regeneration Scheme

Bangor city was facing several challenges - and the condition and performance of the city centre undermined its function as a regional centre. It was noted that major shops such as Debenhams had closed and Aldi would be relocating to Caernarfon Road, which had a detrimental impact on the viability of the city centre. Part of the scheme to regenerate the city was to increase activities and use in the city centre.

Coleg Menai was an important employer and service provider in the city. The existing site was within reach of the city centre with access and convenient links. There were concerns that relocating the campus to the outskirts of the city would be likely to undermine the business  ...  view the full minutes text for item 15