Agenda item

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

 

Link to relevant background documents

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

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.