Agenda item

To consider an application for the erection of 2 commercial units (Use Class D1) including the formation of parking, landscaping and associated works (amendment to previously approved B1 use) (copy attached).

An application was submitted for the erection of 2 commercial units including the formation of parking, landscaping and associated works.

Public Speaker – Steve Grimster (for) as documented by Officers, the land in question had long been allocated for B1 office use in the LDP, forming part of St Asaph Business Park. The land first secured planning permission for office use in 2006, which had been extended thereafter.

Whilst some office space had been delivered on the adjoining land, the applicant had been unable to find an occupier for the remainder of their development known as New Vision Business Park. This was not for the want of trying. The covid pandemic had further reduced the demand for office space, owing to increased flexible working.

18 years on from the first grant of planning permission on the site, the applicant was approached by an end user seeking a new, modern and purpose-built facility specifically in St Asaph, to provide clinical, medical and cosmetic treatments as a D1 use.

To this end, the following observations were given:

·       The Council accepted that the land in question had been marketed appropriately, and that there was no interest in the land for the consented use.

·       The LDP and the policies contained within were now time-expired, covering the period up to 2021. However, in the absence of a Replacement LDP, they remained the basis for decision-making, offering limited flexibility for alternative uses to be considered on the site when evidently there was no demand for the allocated B1 use. This approach could lead to the proposed investment and 30-50 jobs going outside of the County;

·       The applicant asked for a pragmatic view when considering the availability of other land and buildings. The end user specifically wants to be in Denbighshire, close to Glan Clwyd Hospital to support NHS services, and the highway network to serve the County’s residents. They did not want to be in Flintshire or Conwy; an assessment of available land and buildings in those Counties was considered excessive and could again steer investment outside Denbighshire;

·       On this matter, the applicant was aware that the Council did not apply sequential test considerations when approving a retrospective application for a change of use from B1 to D1 at Ruthin Business Park back in January. It is unclear why a different approach to the sequential test was now being applied. However, it does demonstrate that B1 and D1 uses can co-exist on a Business Park;

·       Accessibility-wise it was accepted that there would be a degree of reliance on the private carpark. That was no different to the consented B1 use. Locationally, the site was the closest to St Asaph, only 1 mile from the development limits. There was an hourly bus service, and visitors would be able to wait inside the building before returning to their destination. For the end user, there was a balance to be struck between proximity to St Asaph, the Hospital and the A55.

The package of economic, social and health benefits on offer would be significant, without any unacceptable environmental impacts. There were no technical grounds for refusal.

General debate –

Local member Councillor Peter Scott stated that this application was a great opportunity to bring 30-50 professional jobs to the area and provide a much-needed dentistry service. A new Active Travel Route was being developed on Green Gates East and Green Gates West which would connect the Business Park site to St Asaph. It was felt that this application would be an asset to St Asaph.

The Development Manager understood the local members comments and explained the officer’s recommendation to refuse the application was based on Officers approach to other alternative use applications on the Business Park. D1 was a category within the planning use classes order dealing with non-residential institutions including medical or health services. The application was purely dealing with a category D1 use, with the building of a new structure that was going to contain D1 usage.

Councillor Andrea Tomlin stated that she would recommend the Committee grant the application with an additional condition on the D1 category, restricting the use for medical and health services only.

Proposal – Councillor Andrea Tomlin proposed that the application be granted against offer recommendation with an additional condition for restricted D1 use, SEONDED by Councillor Karen Edwards.

Vote –

For – 16

Against – 0

Abstain - 0

RESOLVED: that the application be GRANTED against officer recommendation with an additional condition for restricted D1 use.