Agenda item

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 and function of the city centre and would reduce the number of people visiting the centre. As a result, it was considered that the application would undermine the 'Town Centre First' principle.

 

2.   Impact on Parc Menai

 

The Parc Menai site was one of the most successful employment sites in Gwynedd. It offered an environment of quality and provided sites and property to a wide range of employers. It must be ensured that the proposed development would not have a detrimental impact on the estates pattern of use and thus made it less attractive and competitive. It was noted that Bangor had been identified as a 'Regional Growth Area' in the Welsh Government document 'Future Wales. The National Plan’ with a focus on relocating developments within growth areas

 

3.   B1 Employment Use

 

Parc Menai had been designated as a main employment site within the Local Development Plan. It was not considered that there was an over provision of employment properties within the area, especially property that was greater than 2,000 square metres.

 

Given the assessment and information submitted as part of the application, it was not considered that providing a further and higher education facility/main campus (for Grŵp Llandrillo Menai) on a site that was designated and safeguarded for use within Use Class B1 and which was designated under the LDP as a Sub-regional Strategic Employment site was acceptable on policy grounds. It was recommended that the Council submitted a statement to the Planning Inspectorate recommending that the appeal be refused.

 

b)            Taking advantage of the right to speak, the applicant noted the following main points:-

·         That a Minister in the Department for the Economy had resolved to close Tŷ Menai and to sell it to Coleg Llandrillo Menai. The Education Minister had agreed to a grant to adapt the building for training and to install the most current equipment in place. 

·         As a result, there were £12m grants on the table for investment to create a resource that would, from new cost £30m and outside our reach. This had to be invested and spent by 2023.  Our application had been known to the planning department for three years now and therefore the matter had to be brought to attention 

 

The Application

·         Change of use of Tŷ Menai, a £17m building that had never been more than half full, to create a training resource for young people that Gwynedd could be proud of. 

·         We are convinced that it was necessary to leave the Ffriddoedd Campus - the buildings were poor and situated inconveniently in Bangor

·         The main area of expertise at the new campus would be digital skills, business and media.  The skills were perfectly in keeping with the Parc Menai jobs.  Being there would be a catalyst to industry! There were examples across the country of education and industry being co-located and flourishing. 

 

Response to the officers' ground for objection

·         There was no objection from the departments of transportation, environmental agencies or the Language Unit - Policy was the only barrier. 

·         There was no lack of space at Parc Menai.  There were at least 29,000 square feet available and possibly more following the change in peoples' work patterns to working from home following COVID.

·         There was not sufficient space for a campus in the centre of the city - this had been proven beyond doubt.

·         There was no basis to say that students would change the feel of the parc.  

·         The building was on the edge of the park.

·         There were two buildings nearby Ysgol Glanaethwy and Llwyn Brain

·         For anyone who had been on a further education college campus, the feeling was more similar to an university than a primary school.  The comment was a discredit to the behaviour of our young people.  

 

Conclusion

·         That any policy would have to enable a unique out of the norm opportunity to proceed.  

·         We received legal counsel that stated that there was plenty of flexibility within the policy to approve a unique project.

·         That common sense had to prevail. I am certain that Gwynedd ratepayers would not wish to see Tŷ Menai derelict - the next Plas Glynllifon?  Ratepayers would prefer to see the resource being used to create a future for their children with a £30m campus for a cost of £12m.

·         I trust that you will see the potential of this opportunity and you will be able to support our application for the benefit of generations to come.

 

c)            Taking advantage of the right to speak, the Local Member made the following points:

·      The matter was wider than a ward matter - it included County wide implications

·      The site would re-locate from 'within the boundary' to 'outside the boundary'

·      Although the existing site was not within the Bangor City 'boundary', evidently it played a prominent part

·      There was agreement with the need to regenerate city/town centres to guide towards the centre - the function of town centres had to be re-thought and the associated requirements 

·      Accepted the need for an accessible, sustainable location, however, there was a need to protect employment areas

·      The need to create modern education establishments as agreed and for the sectors to have good services.

·      The timetable was tight

·      They hoped for a solution

 

d)            It was proposed and seconded to recommend that the appeal be refused

 

During the ensuing discussion, the following observations were made by members:

·         Parc Menai was not the appropriate place to relocate Coleg Menai

·         Parc Menai was unsuitable

 

·         The current location caused traffic problems, litter amongst residental homes - Parc Menai would enable the College to thrive. 

 

RESOLVED: Recommend that the appeal is refused on the following basis:-

 

1.         The proposal is contrary to Criteria 1 and 2 of Policy ISA3 of the Anglesey and Gwynedd 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 was 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 Gwynedd and Anglesey 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.