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
Additional documents:
Decision:
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.
Minutes:
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