Agenda item

That planning permission be granted subject to the conditions detailed in the report of the Head of Planning with condition 14 being amended to opening hours of 7am to 9pm Monday to Saturday and 7am to 4pm on Sundays and Bank Holidays, and subject to the applicant entering into a Section 106 Obligation, Unilateral Undertaking of the making of an advance payment to provide the payment of £3500 to provide for the cost of a Traffic Regulation Order and the associated parking restriction lining along Wrexham Road, Brook Street and Conway Street. 

The Committee considered the report of the Head of Planning in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report.  Additional comments received since the preparation of the report were circulated at the meeting.

            The officer detailed the background to the report explaining that consultation had been undertaken. 

            Mr. S. Stokes spoke against the application as an objector to planning consent for another food and drink retailer in Mold.  He said that Wrexham Street was known as takeaway alley and that evidence of this was the amount of litter and uneaten food in the area which would result in a high risk of vermin.  He said that shoppers had significant choice of where to shop and spoke of a new convenience store which had opened recently in the area which had previously been a takeaway establishment.  An additional store was not needed. 

            Councillor P.G. Heesom proposed the recommendation for approval with amended hours of opening which was duly seconded.  He said that most units in the area would be closed by 10pm and suggested that this store close at 9pm, with opening at 8am.

            The local Member, Councillor G.H. Bateman said that he had received a petition of 60 signatures against the store and the proposed opening hours in a quiet residential area opposite sheltered housingg.  He felt that he suggested hours would have an adverse impact on the residents and proposed that the opening hours be 7am to 9pm Monday to Saturday and 7am to 4pm on Sundays and Bank Holidays which would meet those concerns .  He also raised concern at the selling of junk food and alcohol so close to the nearby schools.  He referred to a policy put in place by Wrexham County Borough Council that such establishments should not be permitted within 80 metres of schools.    

            Councillor M.J. Peers referred to the delivery times requested by Mold Town Council of 7am to 7pm and asked whether this would be a problem on Sundays and Bank Holidays if the opening hours were restricted to 4pm.  He felt that the delivery times needed to be referred to in the conditions. 

            The Principal Solicitor explained that the proposal from Councillor Heesom was for the store to be open from 8am to 9pm but there was no distinction between Monday to Saturdays and Sundays/Bank Holidays.  Councillor Bateman had asked for opening hours to be 7am to 9pm on Monday to Saturdays and 7am to 4pm on Sundays and Bank Holidays but reminded Members that this was not the proposal before them.  Councillor Heesom said that he would amend the proposal to the hours requested by the local Member. 

            Councillor H.G. Roberts asked for details of the opening hours for other premises in the area.  If the proposal reflected those hours, he would be happy to support it.  Councillor W.O. Thomas said that the site was adjacent to two schools and felt that if approved, it could encourage obesity in schools.  He also felt that there were enough fast food establishments in Mold and said that he was surprised that there had not been any objections from Highways as there was a number of dangerous junctions in the vicinity.  Councillor C.A. Ellis supported the local Member’s suggested hours of opening as the application was in a residential area. 

            The officer said that it was appropriate that he advise Members that he proposed hours of opening were likely to be the subject of an appeal.  He explained that even though Wrexham Council had a policy in place about opening hours, there was no such policy in force in Flintshire.  He reminded Members that the proposal was for a convenience store not a fast food establishment and that the sale of alcohol was a licensing matter which was not something which Members needed to take into account when determining the application.

            On the issue of highways, the Senior Engineer - Highways Development Control said that Highways had no objections subject to the suggested conditions and advised that the proposal would improve the junction. 

            On being put to the vote, the proposal to allow the application with amended opening hours of 7am to 9pm Monday to Saturday and 7am to 4pm on Sundays and Bank Holidays was CARRIED.     

RESOLVED:-

That planning permission be granted subject to the conditions detailed in the report of the Head of Planning with condition 14 being amended to opening hours of 7am to 9pm Monday to Saturday and 7am to 4pm on Sundays and Bank Holidays, and subject to the applicant entering into a Section 106 Obligation, Unilateral Undertaking of the making of an advance payment to provide the payment of £3500 to provide for the cost of a Traffic Regulation Order and the associated parking restriction lining along Wrexham Road, Brook Street and Conway Street.