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Committee Date: 20/03/2014 Application Number: 2014/00456/PA

Accepted: 23/01/2014 Application Type: Variation of Condition

Target Date: 20/03/2014

Ward: Sheldon

2051 Coventry Road, Sheldon, Birmingham, B26 3DY

Variation of condition 1, 3, 4 attached to planning approval 2012/05571/PA for increase in hours, increasing in people attending and to allow the use as a mosque facility and education centre Applicant: Manarat Foundation

2051 Coventry Road, Sheldon, Birmingham, B26 3DY Agent: ZS Partnership Limited

469B Coventry Road, Small Heath, Birmingham, B10 0TJ

Recommendation Approve Subject To Conditions 1. Proposal 1.1 Planning consent is sought to vary conditions 1, 3 and 4 attached to planning

approval 2012/05571/PA. Condition 1 restricts use of the premises from 9am to 9pm daily, condition 3 restricts the total occupancy of the premises to 65 people at any one time for educational use and condition 4 restricts the use of the premises to an education centre with ancillary prayer facility only.

1.2 The variation of the conditions is already being undertaken and allows the premises

to be used as a place of worship (a mosque) as follows:

Daily prayer

1.3 For the busy Friday prayer (Jummah) there are 2 prayer sessions

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Summer Winter 1300-13:30 12:30-13:00 1330-14:00 13:00-13:30 1.4 The occupancy for each prayer session is as follows:

Fajr 15 Zuhar 25 Asr 25 Magrib 25 Isha 20 Jummah 90 1st congregation in winter

100 2nd congregation in winter 120 1st congregation in summer 60 2nd congregation in summer

1.5 Other facilities and services offered by the applicant would continue; a children’s

madrassa would continue to operate for 6 to 16 year olds between 4pm and 9pm daily as well as adult education classes between 10am and 2pm Monday to Friday and these elements would become ancillary to the main use of the premises as a mosque. Marshalls are used at busy times to direct worshippers to available parking.

1.6 The agent has provided supporting information to show that currently 29 members of

the congregation walk to the facility from businesses and residential properties within the locality (a table with names and addresses and corresponding signed letters from people concerned). These people state that the location of this new facility has allowed them to walk to prayer rather than drive 4 or 5 miles further into Birmingham to other mosques. People that do drive to the facility generally park within the Aldi or Tesco supermarket car parks, within on street parking bays along Coventry Road or within residential roads (Keswick Road)

Proposed floor plan 2 Site and surroundings 2.1 The application building is a three storey mid terrace property within a parade of 13

units within the Sheldon District Shopping Centre. It is located within the primary shopping area. The parade contains 6 retail uses, 3 office uses and 3, restaurant/takeaway uses. There are 2 storeys of accommodation above the ground floor that appear to be in use either for additional office space or storage. A residential flat is located above the adjoining property at 2051. These premises comprise a news agents shop at ground floor with 2 floors of residential accommodation above. The parade of shops is served by an access road with parking available for approximately 7 cars. An additional 10 (approximate) spaces are available in on street bays on the main Coventry Road itself. Parking here is restricted between 7am to 7pm Monday to Saturday restricted to 1 hour. The site lies opposite the Sheldon Country Park and an Aldi supermarket with car park. Residential premises are located within Wells Green Road to the rear.

Location Plan Street View

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3 Consultation/PP 3.1 Ward Councillors, MP, Residents Association, local businesses and residents were

notified.

35 letters of objection have been received from local residents and businesses who are mainly concerned about

• Noise and disturbance from people coming and going and from within the premises • Parking and congestion problems – the site is on a red route and only has 2 on site

parking spaces which clearly is inadequate for the demand. Since the use of the premises as a mosque the Aldi and Tesco car parks have been full to capacity, which inconveniences customers trying to use the store, indiscriminate car parking now takes place along the Coventry Road, Keswick and Wells Green Road that results in driveways being blocked and grass verges being damaged.

• Loss of retail use 3.2 Regulatory Services recommend refusal based upon the numbers of worshippers

attending the early and late prayer times which are considered to be noise sensitive. Noise sources include the comings and goings, activities within the premises as well as noise from people parking up and getting out of cars. There is a particular concern that noise during sensitive times within the summer time (when residents will wish to open windows) and is almost certain to produce noise that is deemed intrusive. Noise insulation would not overcome concern on this basis.

3.3 Transportation – awaiting written comments but verbally advised that there is unlikely

to be an objection based on observations made at the Friday site visit. 3.4 West Midlands Police – no formal consultation response but an indication within the

applicants supporting statement that they support the proposals. 4 Planning history 4.1 20/12/2010 – 2009/05425/PA - Change of use of premises from sauna/massage

parlour to restaurant/café/snack bar at ground floor with residential at first and second floors – approved but not implemented

4.2 27/09/2012 – 2012/05571/PA – Change of use from sauna/massage parlour (use

class sui generis) to education centre with ancillary prayer facility (use class D1) approved subject to conditions restricting total capacity for educational purposes with ancillary prayer only to 65 between 9am and 9pm daily.

4.3 19/7/2013 - 2012/05571/PA – Variation of conditions 1, 3 and 4 attached to

2012/05571/PA – withdrawn as there was insufficient supporting information on the modes of transport/actual attendance at the mosque to make proper assessment.

5 Policy Context 5.1 Relevant National Planning Policies:

• National Planning Policy Framework.

Relevant Local Planning Policies: • UDP (2005); • Draft Birmingham Plan 2012

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• Places for Worship and Faith-Related Community and Educational Uses SPD • Shopping and Local Centres SPD

6 BACKGROUND 6.1 In September 2012 your Committee granted consent for the use of the premises as

an education centre with ancillary prayer facilities restricted by condition for use only for this purpose with a maximum of 65 people attending the premises at any one time between 9am and 9pm Monday to Sunday. It became apparent shortly after approval that the site was being used as a mosque and attracting significant numbers, in particular for the Friday afternoon prayer sessions. The agent was aware that further planning consent was necessary and duly submitted a variation of condition application in July 2013. Transportation advised that there was insufficient supporting information with the application to make a proper assessment. The application was subsequently withdrawn for the applicant to undertake surveys of its congregation to ascertain modes of transport and distance travelled by worshippers to the mosque and to put into practice methods for policing the busy prayer times. The current application was submitted with additional supporting information in January 2014

7 Planning Considerations 7.1 Policy 7.2 The National Planning Policy Framework states that Local Planning Authorities

should apply a sequential test to planning applications for main town centre uses, such as offices and assembly/leisure uses. They should require applications for main town centre uses to be located in town centres, then in edge of centre locations and only if suitable sites are not available should out of centre sites be considered. When considering edge of centre and out of centre proposals, preference should be given to accessible sites that are well connected to the town centre.

7.3 Guidance contained within Places for Worship and Faith-Related Community and

Educational Uses – SPD highlight the importance of finding the right location for uses which attract large numbers of users and identifies existing centres as preferred locations. Other considerations include noise, parking, access and cumulative impact. The Shopping and Local Centres SPD identifies the boundaries for all centres and confirms that the premises are located within the Sheldon District Shopping Centre. This policy requires that to maintain a healthy mix of uses to enable a vibrant centre to be maintained, that within the primary shopping areas, the percentage of retail units should not be less than 55%. The original SPD survey was updated in 2013 and this showed that 68.25% of all units within the Centre were in retail use, and therefore above the threshold required by policy. I am satisfied that these figures are still suitably robust and have not changed drastically during the past few months. It should also be noted that the lawful use of the premises is already D1 and therefore this current application would not result in any further loss of retail from the centre and would therefore not adversely impact upon the health or vibrancy of the centre as a whole. It is my view that the proposed use is appropriate within the district centre as the impacts on residential properties would be limited and the site accessible to users by several, frequent bus services. I also consider the proposals to be acceptable therefore in policy terms as the premises is located in a centre location and would not result in the undermining of its main retail function.

7.4 Impact on residential amenity

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7.5 The main use of the premises is now for religious purposes including an element of faith-based education as well as other non faith based education. As the premises are being used as a mosque they would be used during the summer from as early as 3.30 in the morning and as late as 11pm. However, for early morning and late night prayer sessions (that are classed as noise sensitive) the agent has indicated that there would only be 15 and 20 respectively. The peak use is on Friday lunchtimes, when prayer times are staggered and can cater for up to 120 people attending one of the two prayer sessions held. As the second prayer session begins immediately after the first one ends, it is possible that up to 240 people could be in or around the premises at any one time. As the premises are located within the District Centre, uses that surround it are predominantly commercial. However, it is noted that residential accommodation does exist at 2051 above the ground floor newsagents. The majority of other first and second floor accommodation within the parade appears to be in use for offices or storage. The next nearest residential premises are located to the rear of the site within Wells Green Road, which are separated from the application building by a rear service yard. Regulatory Services recommend refusal of the proposals based upon the impact of early morning and late evening prayer times in terms of noise emanating from within the premises (and subsequent adverse impact on living conditions for occupiers of the adjoining flat) and from noise and disturbance from general comings and goings of worshippers arriving at and departing from the premises. There is no fundamental objection to the busy Friday lunchtime prayer times due to the high ambient noise levels along the Coventry Road at that time.

7.6 Whilst I appreciate the views of Regulatory Services, in this instance, I do not concur

with the recommendation. From my experience in dealing with applications of this nature, and from what I have been told about how people use the mosques for early and late night prayers, I am satisfied that the numbers quoted are correct and that quite likely, fewer people than 15 and 20 do actually attend as most perform these prayers at home. In the event that 20 people do attend the mosque at these times, I consider that space is sufficient within the ground floor to accommodate the demand; the agent has annotated on the ground floor plan that up to 22 people could be accommodated on prayer mats on this floor. I consider that the imposition of a condition requiring the ground floor only to be used for early and late prayers to be entirely reasonable to prevent noise transmitting through the walls that may disturb sleep of adjoining residents. I am advised that amplification or music is not used for these prayer times and this can be secured by condition. The applicant is agreeable to these conditions and I consider that this would adequately deal with Regulatory Services concerns.

7.7 Transportation

The Places of Worship and Faith-Related Educational uses SPD stipulates a parking space per 10sqm, if serving a local need for the prayer element. Based upon the floor areas indicated for the prayer halls only of 191 sqm, the use would create a parking demand of 19 car parking spaces. No in curtilage parking is provided for the mosque use but 10 to 12 spaces are provided within bays the main Coventry Road directly outside of the site. A bus stop is located outside of the premises that serves bus services 41, 42c, 57, 57a, 58 and 60. In addition to this an Aldi supermarket is located within the central reservation directly opposite the site and a Tesco supermarket to the south that are both used by worshippers. The agent has provided information that indicates that 85% of visitors to the premises walk.

7.8 I am aware of the strong level of objection from local residents and businesses alike,

including Ward Members who believe that the proposals have resulted in

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indiscriminate car parking within residential roads; over crowding of the supermarket car parks and that all of the road congestion is dangerous. To properly assess the situation, myself (the Case Officer) and an Officer from Transportation undertook an unannounced site visit/observation on Friday 28th February. We arrived at the site at around 12.15 and stayed until approximately 13:45. We parked within the Aldi car park (who allows 90 minutes free parking) and noted that there was some parking availability – there was a high and quick turnover of customers, and we did not witness queuing in or around the Coventry Road. The Tesco car park too had several spaces at around 12.30 and it was evident from flows of people walking up from the direction of these car parks that they were being used by worshippers. It was also obvious that use was being made of the on street parking bays, although for most of the time of our visit, one or two spaces were available within them. Two traffic cones had been placed in front of the premises and a marshall was present throughout the prayer sessions to ensure that people did not try to park on the service road. It was noted that Keswick and Wells Green Roads are used by worshippers who park their cars and walk down to the application site. I counted around 45 cars in these areas. I witnessed some of the drivers walking to the application site but could not be certain that all of the parked cars could be attributed to the mosque. In any event, my colleague in Transportation confirmed that the on street parking was not illegal and not in itself a reason for refusal.

7.9 To some extent, I consider it likely that no matter what uses are operating within the

vicinity, some on street parking would occur within these site streets, as it could be easier to park on street than within nearby car parks. The prayer sessions are 30 minutes each on a Friday and in fact it seemed that the majority of worshippers did not stay for the full 30 minutes which resulted in a gentle but steady stream of people coming and going for the whole time period. There also did not appear to be any greater impact on parking demand or highway safety at the switch over point between one session ending and the next beginning. Taking into account all of the above factors, I consider that the proposed use to be acceptable in highway terms. Final comments from Transportation will be reported at the Committee meeting but I consider it unlikely that they will raise objection.

8 Conclusion 8.1 I consider the proposals to be acceptable; they are policy compliant as the premises

are located within a local centre as sought by the Shopping and Local Centres and Places for Worship and Faith Based Educational Uses SPD’s. Whilst there is some concern regarding the impact of early and late prayers, I consider the imposition of conditions could overcome this. Transportation raise no objection to the proposals in terms of highway safety.

9 Recommendation 9.1 That planning permission be granted subject to the imposition of the following

conditions 1 Requires the scheme to be in accordance with the listed approved plans

2 Prevents the use from changing within the use class

3 Prevents weddings and other major events to take place on site

4 Requires the applicants to join Travelwise

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5 Only the ground floor shall be used for early morning and late evening prayers.

6 No amplification or music to be used at prayer times (except Friday Jummah prayers)

7 Requires the submission of a parking management strategy within 3 months Case Officer: Debbie Farrington

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Photo(s)

Figure 1 – Aldi car park - spaces Figure 2 – parking on Keswick Rd

Figure 3 - parking bays on Coventry Road Figure 4 - marshalls outside of premises

Figure 5 - spaces in Tesco car park

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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.100021326, 2010