Change of use of vacant unit
from an office B1 Use Class into a dental practice D1 Use Class (re-submission
of application that was refused under ref. C20/0351/25/LL).
LOCAL MEMBER: Councillor Menna Baines
Decision:
RESOLVED to approve the application
contrary to the recommendation
Conditions:
1.
start work on the development within five years
2.
undertake the development in accordance with the submitted
plans
condition to ensure that use of the building reverts to its original use if use as a dental surgery ceases in future
Minutes:
Change of use of vacant unit from an office from B1 Use
Class into a D1 Use Class dental practice (re-submission of the application
refused under reference number C20/0351/25/LL)
a) The
Planning Manager elaborated on the background of the application, noting that
this was a resubmission of an application refused in June 2020 for the change
of use of an office (B1 Use Class) to a dentist surgery (D1 Use Class) within
an empty unit at Llys Castan,
Parc Menai.
When
considering the principle of the proposed use, it was
highlighted that it should be ensured that the proposal complies with
all the criteria in policy ISA 2 (community facilities) of the LDP. For the
purposes of the policy, it was confirmed that
community facilities include 'facilities used by local communities for health
purposes...and any other facility that achieve the role of serving the
community'.
It
was reported that Policy PS13 and Policy CYF1 of the LDP note that the site and
unit are protected for employment use in B1 Use Class. In accordance with
Policy CYF5 (alternative uses of existing Employment Sites), it was reported
that proposals to release land in B1, B2 or B8 Use Class on existing protected
employment sites for alternative use will only be approved in special
circumstances and only where one or more of the policy's criteria can be met:
·
"In the case that the site is vacant, is unlikely
to be used in the short and medium term for original use or safeguarding use,
or;
·
There is an over provision of employment sites within
the vicinity, or
·
The current employment use is having a detrimental
effect on amenity and the
environment, or
·
The proposal would not have a detrimental effect on
employment uses at adjacent sites, or
·
There is no other suitable alternative site for the
proposed use, or
·
If the site is used for short-term use (temporary), that appropriate restoration measures are in place to the
satisfaction of the Local Planning Authority."
It
was highlighted that detailed and extensive information had
been submitted by the applicant in support of the application, including a
Planning Statement, as well as a Planning Statement from the agent, a
Sequential Test Statement, along with the Sites' Accessibility Evidence
Document, highlight the following observations:
·
The community of Penrhosgarnedd
are closer to the application site than other dental practices in Bangor.
·
The community of Parc Menai is closer to the site than other dental practices in
Bangor.
·
The staff/community of Ysbyty
Gwynedd are closer to the application site than other dental practices in
Bangor.
·
There is a regular bus service by various companies
that serve other business in Parc Menai.
·
An existing cycle network as well as public footpaths
serve Parc Menai.
·
The site is geographically accessible to local and
regional users who use the A55.
·
It is noted that the vast
majority of patients of the existing facility use a car (with a number of them
being older patients where it would be inconvenient or impossible to use public
transport). This situation would not change with this new site in Parc Menai. If anything, it would
be closer for a large number of patients who use the existing facility and who
travel from the north, east and south to their appointment.
Based on the
information to support the proposal on this scale, it is not
considered that the proposal would undermine the relevant local and
national sustainability requirements and objectives and therefore, is
acceptable on the grounds of the requirements of Policy PS4, PS5 and Policy
TRA4 of the LDP.
Despite the fact
that extensive and more robust information and evidence were
submitted to support this latest application compared to what was
submitted with the previous application, it is not considered that this
information and evidence overcome all concerns that were highlighted.
Specifically, officers did not consider that the proposal could meet the
requirements of criterion 1 of Policy ISA 2 involving the siting of new
community facilities. Under the circumstances, and although the specialist
nature of the proposed facility was acknowledged, they recommended refusing the
application.
b)
Taking advantage of the right to speak, the
applicant’s agent noted the following points:
·
That he was a dentist who had a specialist interest in
complex dentistry and was eager to create a unique dental practice
·
The proposal would be to focus on patient referrals
from dentists from Gwynedd, Anglesey and North Wales for complex and
specialised dental treatment, as well as high quality general dentistry.
·
His ambition was to open a bespoke dental practice
that would provide complex treatment for local patients without them having to
travel for a service in Liverpool or Manchester.
·
A Specialist Recovery Advisor would also be located in
the practice.
·
The dental practice would be
designed to be the first of its kind in Wales with bespoke ventilation
system to allow for safe dental care.
·
A discussion was held on the
sequential test and the steps that needed to be completed to satisfy the
original refusal with the Planning Service. This process had
been undertaken, approximately 12 months previously, by searching for a
suitable building on-line and with commercial property estate agents. When the
search was extended, 8 Llys Castan was discovered - a building that was suitable for a
modern practice.
·
That
two BUPA private dental practices were already located in Business Parks in
Gwynedd; one in Penrhyndeudraeth located in the same
building as the Council's Galw Gwynedd office.
·
That Planning Officers recommended refusing the
application on the grounds of one section of policy ISA 2, but that he had
responded to this in full.
·
That the officer had not referred to the important
explanatory paragraph in 6.1.20, which was included under policy ISA2: “Where a new facility is proposed outside a
settlement, it must be demonstrated that the proposed location is the best
available and is accessible to the local community”.
·
That the sequential test has been
accepted by the officer to respond to other policies successfully,
showing that there are no other suitable units within the development boundary.
·
That their "accessibility statement proves that
the site in Parc Menai is
easily accessible for the public, convenient for the community of Penrhosgarnedd and for the daily staff of Ysbyty Gwynedd. This will be the Dental Practice located
closest to them on foot or by bicycle.
·
That the plan obviously
meets the requirement noted in Policy ISA 2, namely 'a new facility outside a
settlement boundary'.
·
That he was kindly asking the members to vote in
favour of the innovative plan, the first of its kind in Gwynedd.
·
That he felt passionate about getting this project
achieved locally to support the health and well-being of our Welsh communities
for years to come, allowing patient access to high quality and specialist
dental care in North Wales.
c)
Taking advantage of the right to speak, the Local
Member made the following points:
·
That the applicant had set a clear vision.
·
That the specialist service would be a huge accolade
for the area - there was no such dental practice in Gwynedd and Anglesey.
·
With a dentist and specialist recovery advisor on the
site, the dental practice would fill a 'gap'.
·
Alongside this, general dentistry would also be
offered - the combination of the two services made the business unique
·
A local Welshman was behind the venture
·
The dental practice would create employment - an
opportunity to nurture skills and mentor young dentists
·
The dental practice would be bilingual
·
That the Planning Unit refused the application for one
reason - because the location was not within the development boundary and
contrary to policy ISA 2, which related to community facilities - it was noted
that Llys Castan was within
900m of the development boundary - is this not 'adjacent'?
·
That ISA 2 encourages new businesses and aims to protect
facilities with health needs being listed
·
That the location is accessible and the applicant has
submitted information / evidence to prove this
·
That Parc Menai was local to Penrhosgarnedd
and is conveniently located near Ysbyty Gwynedd;
therefore, there is sufficient justification for a 'health resource' in a
'local community'.
·
That access to the dental practice is convenient and
easy
·
It is an exciting application and offers a unique
resource
·
The applicant had overcome every refusal reason, bar
one, due to vague wording
·
Local business enterprises should be supported in a
challenging period
·
That this is an opportunity to use a vacant unit for a
worthwhile purpose
ch) It was proposed
and seconded to approve the application subject to the recommendation
d)
During the ensuing discussion, the following
observations were made by members:
· That this is an unique opportunity and that
local specialist services should be welcomed
· That this was a matter of splitting hairs over
the wording of a policy
· The site was convenient and the location was
suitable
· That there was a number of vacant business
units in Parc Menai
· That there was a genuine need for a local
dentist and local specialist service - there was a lack of dentists in the area
· Appreciated the officers' work in adhering to
policies; however, in this case, the arguments in favour were stronger
· That the word 'adjacent' was vague in terms of
its definition / meaning
· That there was a need for flexibility -
suggested imposing a condition to return to purposeful use
· Despite the wish to see such a business on the
high street, that using a vacant unit in Parc Menai was advantageous in comparison with having to travel
out of the County for a specialist service
· That this was a local business and was run by
a local person
· Good luck to the enterprise
RESOLVED
to approve the application contrary to the recommendation
Conditions:
1. development to be commenced within five years
2. undertake the development in accordance with the submitted
plans
3. condition to ensure that use of the building reverts to its
original use if use as a dental surgery ceases in future.
Supporting documents: