Agenda item

To consider an application for variation of condition number 2 of planning permission reference APP/R68301 A/04/1170834 to extend opening hours to 07.00 to 20.00 Monday to Saturday and 09.00 to 17.00 on Sunday at Units 2A & 2B 18/20, Vale Road, Rhyl, LL18 2BU (copy attached).

 

An application was submitted for the variation of condition number 2 of planning permission reference APP/R68301 A/04/1170834 to extend opening hours to 07.00 to 20.00 Monday to Saturday and 09.00 to 17.00 on Sunday at Units 2A & 2B 18/20 Vale Road Rhyl.

 

At this juncture, the Development Control Manager clarified that public speakers were still not currently able to participate in these remote meetings but a written statement had been provided in favour of the application by Rhodri Williams. Work was underway to enable public speakers to participate at future meetings.

 

Written statement provided by Rhodri Williams (for):

 

Good Morning Chair and Councillors

 

My name was Rhodri Williams, I work for Mango Planning and we were the planning agents for Toolstation. This variation of opening hours application was on behalf of Toolstation. Toolstation units were usually seen within industrial estates and trade parks. However to meet the growing demand by private customers and small businesses for its goods, Toolstation has designed a new retail format for light side building supplies. If approved, it would be the first such store in Wales. Toolstation has confirmed that it would employ 8 full time equivalent staff at the unit. The majority of these jobs would be recruited locally.

 

The units were currently vacant despite numerous marketing campaigns by the landlord over the last 3 years. Following the Carphone Warehouse closure at the site during March of this year, the park was now 50% vacant. This has equated to the loss of a number of jobs in Rhyl where there was already an increasing rate of retail casualties and a significant number of vacant retail outlets. The recent Covid-19 outbreak has only amplified this.

 

Given the increasing number of vacancies in the park and the lack of onsite activity, this has led to numerous cases of fly tipping on site alongside antisocial behaviour. The vacant site now attracted rubbish and people dumping their waste on a regular basis. Allowing this application would therefore bring these vacant units back into beneficial use.

 

There were currently no opening hours restrictions for Unit 2A, the unit can open all day, every day. The opening hours for Unit 2B was restricted to 09:00 to 23:00 on any day. This application proposal offers an opportunity for the Council to reduce the daily and weekly operating hours at this unit.

 

There were currently no delivery restrictions for any of the retail units within the park, this application proposal offers and opportunity an opportunity for the Council to regularise the delivery hours and arrangements via the submitted Management and Operational Plan.

 

The Management and Operational Plan has been prepared with input from Council officers. This plan was a further mechanism of protecting residential amenity, the Toolstation workers and any 3rd party logistic operators would be bound by this plan. It was proposed to be continually enforced, monitored and reviewed by Toolstation throughout its tenancy.

 

In terms of customer vehicles, Toolstation only sell ‘light side’ building supplies which includes Power Tools, Screws, Electrical, Plumbing, Hardware, Fixings and Hand tools. There were no ‘bulk’ or ‘heavy side’ building supplies which would require an increased loading time or staff assistance to load customer vehicles. Customers only have access to the Sales Counter area. There were no alternative collection points for customers, all purchased goods were able to be transported, by the customer, through the customer entrance doors that face onto Marsh Road, where the majority of customers would park, especially in the mornings.

 

The officers have assessed the potential noise and residential amenity issue very carefully during this application process. The potential noise impact of this proposal has been assessed thoroughly and found acceptable by all professional officers and consultants. The planning conditions agreed between the applicant and the local authority would control all aspects of the use.

 

Particularly given the impact of Covid-19, I’m sure you can appreciate that the retail market was challenging in the current climate. Anything Councillors can do to help support the recovery of the market, such as supporting minor planning applications, would be of huge help. In turn, this would provide job opportunities and inward investment into the Rhyl community.

 

Give the marketing history of the site, if this application was not supported, Unit 2A and 2B would remain vacant for the foreseeable future.

 

We respectfully request that the application be supported in line with the officer advice. Diolch yn fawr.

 

General Discussion –

 

Councillor Christine Marston queried with officers why the opening times, which were proposed for Sunday seemed longer than the usual, and whether the laws had been relaxed due to COVID 19. The officers responded that there could have been a mistake with the wording of the report, however if the application was accepted the applicant would have to conform to the Welsh trading laws.

 

Councillor Alan James stated that he would support the application as it would bring employment to the area, and bring unused units back into use.

 

Proposal Councillor Alan James proposed the application be granted in accordance with officer recommendations, seconded by Councillor Ann Davies.

 

Councillor Mark Young agreed with Councillor Alan James in terms of the positivity of bringing employment to the area. However, he suggested that a condition be included within the application that the operational hours on Sundays were from 10am to 4pm.

 

Officers responded to the proposed condition, the members were reminded the applicant would have to conform to the Welsh trading laws. The legal officer informed the committee that if the applicant did not conform to the laws they could be prosecuted, however he clarified that the application which was proposed and the opening hours were two separate matters and would be dealt with separately.

 

Members wanted to ensure that the applicant would conform to the trading laws.

 

Officers suggested an information note could be included on the decision notice, to emphasise the need to conform to the trading laws.

 

Vote –

Grant – 16

Abstain – 2

Refuse – 0

 

RESOLVED that permission be GRANTED in accordance with officer recommendations as detailed within the report and supplementary papers.