22-24 Station Road, Erdington, Birmingham, B23 6UB

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1 Committee Date: 16/10/2014 Application Number: 2014/05377/PA Accepted: 24/07/2014 Application Type: Full Planning Target Date: 18/09/2014 Ward: Erdington Station Road, Erdington, Birmingham, B23 6UB Continued use of the ground floor as Islamic prayer hall in addition to existing permitted use as a ground floor education centre Applicant: Agent: Recommendation Approve Subject To Conditions Mr H Sultani Station Road, Erdington, Birmingham, B23 6UB Mr Hanif Ghumra 733 Walsall Road, Great Barr, Birmingham, B42 1EN 1. Proposal 1.1. Planning permission is sought for the continued use of the ground floor area of Station Road, Erdington as an Islamic prayer hall previously approved for a temporary period of 1 year under application reference 2013/03259/PA, which expired on the 25th July 2014, in addition to the existing permitted use as a ground floor education centre approved on a permanent basis under application 2008/06212/PA The additional prayer hall facility is available up to 5 times per day, each lasting for approximately 20 minute periods, for up to 23 worshipers, between the hours of 0415 (first prayer) to 2300 (last prayer). When the ground floor is not in use for prayer the facility continues in its use as an adult and children s education centre between the hours of Monday to Friday and Saturdays, Sundays and Bank Holidays The use sees the ground floor area of the building used for three separate functions, adult education, children s education centre and prayer hall. No extension of the premises is proposed and the three separate uses are not operated concurrently The applicant has confirmed that the first floor area of the premises remain as two separate flats Off road parking is provided for three vehicles to the rear of the site Two full time and one part-time employee are employed at the site. Ground floor layout Block/site plan 2. Site & Surroundings Page 1 of 7

2 2.1. The application site is located at the junction of Station Road and Osborne Road within a mixed commercial and residential area. The site falls between Erdington town centre 150m to the east and the local centre at the junction of Station Road and Gravelly Lane 113m to the west. There is a short parade of shops on each side of Station Road, the application site forming the end unit with in a parade of 6 similar properties. Nearby uses include Osborne Junior, Infant and Nursery Schools, Highclare School, Erdington train station, Erdington Methodist Church, St Thomas social club, Osborne Adult Education Centre and residential properties on both Station Road and Osborne Road On-street parking is restricted on Station Road in front of the application site however there is a time-limited parking area opposite on the north side of the road. On-street parking is also prohibited for part of Osborne Road due to the school. Erdington Railway Station is located a short distance to the west. Location map Street view 3. Planning History /03259/PA, Additional use of ground floor as Islamic prayer hall in addition to existing permitted use as ground floor education centre, approved for a temporary 1-year period to allow the LPA to ascertain the impact of the use on residential amenity and highway safety APP/P4605/A/09/ , Appeal against council s decision to refuse application 2008/06212/PA, allowed /06212/PA, Change of use of ground floor area from retail shop (A1) to education centre (D1), refused. 4. Consultation/PP Responses 4.1. Regulatory Services Recommend refusal on the grounds of noise and disturbance in the early hours of the morning Transportation Development No objections 4.3. WM Fire Service No adverse comments 4.4. WM Police Raise concerns that the 3 parking spaces available is inadequate for the use as attendances could potentially increase leading to increased calls to the Police. As the proposal stands it is highly likely to interfere with the free flow of traffic in the adjoining highway leading to traffic collisions. No information regarding crime figures in or around the area has been provided Nearby residents and Ward Councillors notified, with the following responses: Ward Councillors Gareth Moore and Robert Alden raise concerns to the impact the proposal has on parking, traffic flow and noise due to the early start and late opening hours proposed, which would be considered anti-social for the neighbouring residential properties. Page 2 of 7

3 letters/ s of objection from local residents, on the following grounds: - The original application stated this use was for a local need with little driving required, since the use was granted there has been a huge increase in traffic/parking in the area and visitors to the premises park inconsiderately adding to the already congested streets. This problem is further exacerbated by the nearby location of three local schools; Noise has increased due to chatting and car doors slamming from users of the premises up to 0100 hours; Rubbish is dumped against the wall on the car parking area; The site/use is inappropriate, having no benefit/connection with the local community; The premises should be used for what it was intended as a business premises for private enterprise which can create much needed jobs in the Erdington area; and, It appears that the premises has not been used to capacity since the original 1-year temporary approval was granted, raising concern that the use has not been implemented fully so as no issues arise until the use gets full planning permission, when noise/parking would be an issue until unsociable hours in the morning One letter/ of support, commenting that the facility is a benefit to local Muslim residents 5. Policy Context 5.1. Birmingham UDP (2005) and Draft Birmingham Development Plan; Places for Worship and Faith-Related Community and Educational Uses and Car Parking Guidelines SPD; Places for All SPG; National Planning Policy Framework. 6. Planning Considerations 6.1. Background: On the 5th May 2008 an application under reference 2008/06212/PA for the Change of use of ground floor of the premises from retail shop (Class A1) to educational centre (Class D1) was refused for the following reason: - The proposal, if implemented, would exacerbate existing highway congestion and compromise the safety and free flow of pedestrian and vehicular traffic 6.2. However, this decision was appealed and allowed on the 22nd September 2009 under reference APP/P4605/A/09/ A subsequent application for the additional use of the ground floor area as an Islamic prayer hall in addition to existing permitted use as ground floor education centre was approved for a temporary 1-year period on the 26th July 2013 under reference 2013/03259/PA to allow the LPA to monitor the site and ascertain the impact of the use on residential amenity and highway safety. The temporary consent expired on the 25th July Principle: The principle of a mosque/madrassa in this location has previously been deemed acceptable under application 2013/03259/PA and the site is located within a parade of commercial units with good transport links including bus and train infrastructure. Page 3 of 7

4 6.4. Supporting information: The submitted Design and Access Statement indicates that the prayer hall opens for prayer 5 times a day and that a maximum of 23 worshippers attend between the hours of 0415 and 2300, whilst the existing education use continues between the hours of 1000 and 1930 Monday to Friday and 1000 and 1400 at other times with a maximum attendance of 15 adults or 50 children. The agent has further stated that no overlap occurs between the dual uses. The statement suggests that the prayer facility is required due to demand from the local community who reside or work in the area as no other similar facility exists within walking distance of the site, worshipers would travel by foot, no special activities (festivals, ceremonies or additional services) would occur and that no music or amplified sound equipment would be installed either inside or outside of the premises Impact on residential amenity: The characteristics of the premises are that of a commercial unit with the previous use being a news agent before permission was granted for the change of use to an Islamic education centre. The premises are located to the end of a parade of 6 commercial properties which includes a café, hair salon, tattoo parlour and a vacant unit. Two residential flats are located above the premises. The wider area includes a mix of schools, a social club, residential properties and further commercial units a short distance to both the east and west Regulatory Services initially recommended a one year temporary approval when assessing application 2013/03259/PA, with a condition attached that no amplification equipment be installed within the premises. Regulatory Services have assessed the current application, confirming that no complaints have been received during the temporary 1 year period, however refusal is recommended due to late night/early morning noise and disturbance, on the basis that objections have been received stating such. However, the site is located within a parade of commercial units with uses such as Erdington train station, schools, Erdington Methodist Church, the St Thomas social club and Osborne Adult Education Centre directly opposite and near. Places for Worship and Faith-Related Community and Educational Uses SPD suggests that the location of such a use in principle is acceptable, where ambient noise levels would be high and community uses of all types can also be found, whilst also being within a sustainable location due to the existing transport infrastructure Transportation Issues: The Places of Worship and Faith-Related Educational Uses SPD stipulates a maximum parking provision of 1 space per 10sqm, if serving a local need. Based upon the floor area indicated for the prayer hall of 56sqm, the use would create a parking demand of 5 car parking spaces. Whilst the application form indicates that 2 spaces are available the submitted Design and Access statement states that 3 are available. Transportation officers have visited the site and offer no objections, commenting that during the period of temporary consent they have not been made aware of any parking related highway safety issues associated with the site and that on a recent site visit it was noted that users of the facility parked legally and attended by foot. It is further noted by Transportation that Ward Councillors and community leaders have discussed the impacts that would arise as a result of the continued use of the premises and that an arrangement has been reached between the applicants and the adjacent St Thomas Association site to allow visitors to the premises to use their parking facilities, in light of this Transportation consider that the imposition of a car parking management condition would be unreasonable and no conditions are requested West Midlands Police raise concern as to the limited parking available, however as stated above no objections are raised by Transportation. Page 4 of 7

5 7. Conclusion 7.1. It is considered that the proposal is acceptable in terms of residential amenity and highway safety. 8. Recommendation 8.1. Approve subject to conditions. 1 Prevents the use of amplification equipment 2 Prevents weddings and other major events to take place on site 3 Limits the hours of operation to between Requires the scheme to be in accordance with the listed approved plans 5 Hours of operation of educational facility shall remain as Monday to friday and at any other time. Case Officer: Keith Mellor Page 5 of 7

6 Photo(s) Property 1 Page 6 of 7

7 Location Plan This map is reproduced from the Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationery Office Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Birmingham City Council. Licence No , 2010 Page 7 of 7