Meeting documents

The meeting was opened with a Prayer offered by Councillor Eurfryn Davies.

Councillor Selwyn Williams and Mr.R.Owen both declared an interest in Item 3 of the minutes and were not present at the meeting during and discussion or voting thereon.

Mr.E.Gwyndaf Jones (Chief Planning Officer) wished it to be noted in the minutes,that his son worked part-time on Sundays only at the Tesco store, Bangor, and that following legal advice, it was in order for him to present the Tesco application to Council today.

The Leader informed the Council that he had recently appointed Councillor Aled Morris Jones to serve as Portfolio Holder for Planning on the Executive. This was in view of the fact that Councillor Jones had apologised to the Members and to the Monitoring Officer for the problems that had arisen at the March 2009 Council meeting which he had Chaired. The Councillor was also aware that a complaint had been lodged with the Ombudsman in this respect, and that he was prepared to accept the findings of the Ombudsman in due course.

The Legal Services Manager stated that for all intents and purposes, the Council was today sitting as a Planning Committee and in that order for that to take place, it might be desirable for the Council to suspend Paragraph 4.1.27.2 of the Constitution and to adopt the rules and regulations in Section 4.6 relating to the procedures of the Planning Committee when making judgement on a planning application.

It was RESOLVED to adopt that course of action.

(In view of the fact that the Vice-Chair had declared an interest with regard to the Tesco application, Council agreed that Councillor K.P.Hughes should act as Vice-Chair for that particular item).

Reported by the Chief Planning Officer - That material considerations that should be given weight in determining the application would be the employment benefits from the proposal as well as any improvements to the management of the site and other benefits acquired through a S106 agreement on the site.  The extended store would create some 150 new jobs in an area of Holyhead that had above national average unemployment figures and which had seen recent significant job losses.  Discussion had been initiated regarding various issues arising from the application which the Council indicated should be included within a S106 agreement:

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A pedestrian crossing on Cyttir Road to facilitate pedestrian access from the Kingsland area to the store;

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Junction improvements on Cyttir Road / London Road to facilitate the free flow of additional traffic to the staff car park and for its use as an overspill car park during construction of the extension and decked car park on the main site;

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The funding of any additional highways works not currently identified, but arising from or directly attributable to the development, within a period of 5 years from the completion of the extension;

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Jobs (both arising from construction and post-completion of the extended store) to be advertised locally in the interests of the Welsh language and to secure economic benefits locally from the scheme;

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Submission and implementation of a green travel plan.

In summing up, the Chief Planning Officer considered that there was a shortfall in quantitative need for the proposed extension.  However, policy advice, supported at appeal, was that this should not necessarily prevent development from taking place. In this particular case, the developers had a legitimate fallback position which was a material consideration in the determination of the application.  Allowing the extension as proposed would give the Authority the opportunity to condition the planning consent to control the development and the amount of goods sold – the existing consent and implementation of the mezzanine fallback position would be unrestricted.  Other controls could also be imposed such as improved site management to address amenity concerns.  Qualitative factors in terms of retail provision and choice were also weighted in favour of the proposal and there were further additional benefits such as safeguarded and increased employment opportunities together with highway improvements.  Taking all material considerations into account, the proposal was supported, subject to conditions and subject to a S106 agreement to secure highway improvements in the form of a pedestrian crossing point together with local advertisement of jobs arising from the development. Other highways issues were under discussion and the permission of the Council was sought to allow officers to finalise the details.

Councillor Raymond Jones, local member, stated that over the past 12 months he had been trying to address issues with Tesco regarding site management and general untidiness around the area. He welcomed the fact that the Company had agreed to the erection of acoustic fencing to protect neighbouring residential properties. He had no problem with the proposed development since it would create employment opportunities for an area of high unemployment.

Councillor G.O.Parry, MBE, referred to the proposed roundabout on the A5 as part of the S.106 agreement. He questioned whether this roundabout would be suitable for large lorries making their way to and from Holyhead Port. Had that been taken into account and the effect of increased transport in the area? From a social viewpoint, he objected to the proposal since what was required locally, was more competition which would result in a regular reduction in food prices to the benefit of those people living in the deprived areas of Holyhead.

Councillor Raymond Jones in response stated that in his opinion, there had been a reduction over the past few years in the amount of heavy traffic making use of London Road.

Councillor B.Durkin, stated that he was supportive of the application since this Council must grasp every opportunity it has to create employment on the Island.

Councillor J.V.Owen stated that the Town Council supported the application but were concerned that the creation of a roundabout would have an effect upon a place where local elderly people currently sat and chatted. Efforts should be made to retain these seating facilities as part of any S.106 agreement with the developer, to be maintained at the Town Council’s expense.

Councillor R.L.Owen remained concerned as to the impact such developments had upon town centres across the Island. He was concerned as to the traffic flow implications as regards the temporary staff car park site. He thought that  traffic lights should be introduced there so as to control the movement of traffic.

Councillor Eric Jones referred Members to Paragraph 10.2.10 of MIPPS 02/05 Planning for Retailing and Town Centres which stated that local authorities should in the first instance consider whether there was a need for additional provision. Policy 3 of the Gwynedd Structure Plan stated that it would be possible to give permission if the development did not have an impact on the viability of Town Centres. Policy 19 of the Ynys Môn Local Plan also made the same observation.

He suggested that the application was in breach of Policies. He accepted that 150 jobs were proposed but questioned how many jobs would be lost in the town centre as a result? He was surprised as to the lack of objections that had been received from businesses in the town or by the Chamber of Trade. Approving this development would increase the number of vacant properties in the town centre.

Councillor T.Lloyd Hughes stated that many of the posts to be created would no doubt be part time. The town centre had naturally been affected by these out of town developments. He agreed with Councillor J.V.Owen that seating facilities should be provided for local people, especially the elderly. In view of its visual impact, he questioned the siting of the decked car park. Apart from these concerns,he was supportive of the application.

Councillor K.P.Hughes stated that as far as he could see there was no planning reason for refusal and he proposed that approval be granted.

Councillor Eric Roberts stated that more traffic would result from the development and that it was important to secure the safety of children attending nearby Ysgol Morswyn.

Councillor B.Durkin referred to the report and to the conclusion therein, that the anticipated trade draw from the town centre would not impact upon the vitality and viability of the centre. This he said took into account the amount of shops that had shut, the amount that had opened and the present state of the retail trade. Developments such as this he believed would act as a catalyst in drawing people into the area for new shopping experiences.

Councillor J.Penrri Williams stated that there were no planning reasons to refuse the application. It was a challenge facing authorities these days as to how they were to revive town centres. Unfortunately, those people living near the town centre now had to walk to these out of town developments and he felt that they were now missing out. Any S.106 agreement should he felt include some kind of contribution to those living in the town centre to overcome this inconvenience.

Councillor Clive McGregor stated that large companies such as Tesco promoted the fact that they were green. However, he would hope in a development of this type that in doing away with the present roof on the store that they would have used photovoltaic solar cells to create their own electricity for store lighting and for the powering of freezers, etc. He welcomed a two storey car park since it reduced the amount of concrete used upon the landscape. On balance the development was appropriate and he was prepared to support it.

Councillor R.G.Parry, OBE stated that there would be environmental benefits by tying the company down to a S.106 agreement. He believed that such stores provided the general public with the opportunity of buying cheaper goods rather than pay the higher prices in town centres. Bus services now often ran direct to these out of town developments.

Councillor G.O.Parry, MBE, stated that the safety of schoolchildren at Ysgol Kingsland should also be a consideration. Cyttir Road was busy in that traffic from Valley,Trearddur and Rhoscolyn entered the supermarkets from this area. He requested the Highways Department to consider this important aspect.

The Chief Planning Officer in response to some of the questions raised stated that granting planning permission subject to a S.106 agreement would be an opportunity to provide conditions for site management. Discussions were taking place as regards extending the present acoustic fence around some of the nearby residential properties.

As regards the proposed roundabout on Cyttir Road, leading down to London Road, this matter had been discussed with the Highways Department to make sure it was up to the required Statutory Standards. Seating facilities for the elderly could also be raised with the developer.

He referred to the sequential test, i.e was there a site in the town centre which could accommodate the whole extended store development. The simple answer to that in Holyhead was no.

As regards safety issues on Cyttir Road there would be a condition regarding access to and from the temporary staff car parking site by means of a barrier.

If the application was refused, the Company would no doubt go to appeal. Under the Council Constitution this would involve deferring the application and reconsidering it following a month’s cooling off period.The reasons for refusal would then need to be confirmed at that  meeting.

He also mentioned that one of the conditions was that no development would take place until the developer had submitted a green travel plan to the local planning authority so as to ensure that the development met sustainability objectives.

He also mentioned that the Company might come forward in due course to erect a wind-mill on site which would address the question of sustainable electricity.

The matter was to put to vote.

Councillor R.L.Owen and Eric Jones wished it to be noted that they had voted against the application.

Councillor T.Lloyd Hughes, Tom Jones and J.V.Owen wished it to be minuted that they had abstained from voting on the matter.  

RESOLVED to approve the application subject to the conditions referred to within the report and a Section 106 agreement, and to grant delegated powers to the Head of Service (Planning and Public Protection) to agree the final wording of conditions and the content of the S106 including whether matters raised are best included as conditions or as part of a legal agreement.

Reported- That the application had been made to the Secretary of State for Energy and Climate Change, under Section 36 of the Electricity Act 1989, and if consent was given, then there would also be a direction made, under Section 90(2) of the Town and Country Planning Act 1990, that planning permission was deemed to be granted.

The role of the County Council was that of a key statutory consultee, with an invitation to submit representations on the application to the Secretary of State. However, if the Council, acting as the relevant planning authority, made a statutory objection to the proposal, then the Secretary of State would hold a public inquiry. The Secretary of State also had the discretion to call an inquiry in response to objections by other persons or organisations.

This proposed Renewable Energy Plant (REP), was capable of producing 299 MW of power and would be fuelled primarily by biomass, in the form of wood chips or pellets, which would be imported via the sea.

Having considered all aspects of the proposed development, the Planning and Economic Development Services (including the Environmental Health Service and Built Environment/Landscape Section) were of the opinion that none of the impacts and uncertainties were of such significance as to outweigh the positive benefits that the proposals offered to the area. The potential impacts could be mitigated against, and appropriate conditions could be imposed on any consent granted, to enure that such mitigation was implemented. Close collaboration between developers and the economic development agencies in North West Wales (including the County Council and Welsh Assembly Government) should ensure that the area derived the maximum benefit if the project went ahead. The overall aim must be to secure sustainable employment, and to consolidate the ‘Energy Island’ concept of promoting low or nil-carbon energy generation.

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To review the conclusions on noise impacts, having regard to the effect of the recent closure of the adjacent smelter, and to impose a suitable condition that would mitigate any noise impacts likely to emanate from the proposed biomass power plant;

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To require environmental dust monitoring during the construction phase, and to mitigate any detrimental impacts that might be harmful to air quality;

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To prepare a sustainable ‘green’ travel plan for the workforce during the construction and operational phases;

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To mitigate against the visual impact of the tallest buildings proposed for the site, possibly through appropriate grouping and through the use of appropriate colouration for the external cladding materials.

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To mitigate against the visual impact of the tallest structures over the wider area by preparing a scheme for off-site planting that takes advantage of opportunities on any strategic locations that may available.

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To ensure that the use of the jetty to off-load imported biomass material could run in parallel with development of the jetty for use by visiting cruise ships;

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To require close collaboration with economic development agencies in the North West Wales area to ensure that the project would maximise the social, economic and employment opportunities for the indigenous communities. Benefits can accrue through direct employment, as well as the development of supply chains and the provision of training and skill development facilities.