Committee Date: 08/01/2015 Application Number: 2014/03089/PA Accepted: 19/06/2014 Application Type: Full Planning Target Date: 14/08/2014 Ward: Hall Green 1327 Stratford Road, Hall Green, Birmingham, B28 9HH Change of use from gym (Class D2) to community centre, after school education centre with a provision for worship for its users (Class D1). Applicant: Agent: Hall Green Community Association 1327 Stratford Road, Hall Green, Birmingham, B28 9HH Recommendation Approve Temporary 1. Proposal 1.1. Planning permission is sought for the change of use from a Use Class D2 Personal Fitness Training Centre to a Use Class D1 community centre, after school education centre and place of worship. No external changes to the building are proposed. 1.2. The proposal would comprise the following: After School classes- non-residential supplementary curriculum education (religious as well as school curriculum education) classes for local children from the age of 7 up to 16 years of age between the hours of 4pm and 7pm. A total of 4 class rooms would be available with each class holding a maximum of 12 students and 1 teacher. Each classroom would be 31.9sqm Community Hall provision of a space where community meetings can take place and local residents can hire out rooms for meetings. The applicant anticipates that the maximum number of users for the main community hall would be 40 people if the whole hall is hired. The community hall would be available between 8am and 3pm, and 8pm and 9pm, when the non-residential education classes are not taking place. The applicant anticipates that more likely individual rooms will be hired with each of the four rooms being able to hold up to 12 people. Prayer use- It is proposed to also provide a prayer facility for the people who are already present at the premises undertaking community or educational uses. Any prayer use would be undertaken within the opening and closing hours of the property. The applicant anticipates that approximately 10 to 20 people will use the prayer facility with a maximum of 40. No Imam would be required on site. Page 1 of 10
1.3. The total proposed opening hours of the property would be from 7am to 10pm Mondays to Sundays, but with setting-up/down and/or cleaning between the different uses: 7-8am, 3-4pm, 7-8pm, 9-10pm. 1.4. The community centre/education use would have no formal employees but would have 8 volunteers comprising 4 teachers, 1 on site manager, 1 cleaner and 2 event coordinators. 1.5. The application premises has 6 dedicated car parking bays on the site/forecourt. An additional 6 spaces would be available from late afternoon as the tenants who occupy the first floor of the premises (Team Telemarketing Ltd) only utilise their property until 4:30pm. Proposed Ground Floor Layout - Community Use Proposed Ground Floor Layout - Education Use Proposed Upper Ground Floor Layout 2. Site & Surroundings 2.1. The application premises are located at 1327 Stratford Road within the primary shopping area of the Highfield Road, Hall Green Neighbourhood Centre. The premises were constructed as a bank and the large vault remains in situ. Since 2003/2004, the premises have been used as a personal training centre. In recent years, the premises have been vacant. 2.2. The building is two storeys in height with a mezzanine located within the banking hall. The first floor and part of the rear of the ground floor is occupied by a telemarketing company. The premises are located at the northern end of a mixed commercial parade and are adjacent to a hot food shop at ground floor. Opposite the site lie Waitrose and Aldi. To the rear of the application premises is a two storey block of flats and further established residential development along Highfield Road. Two existing mosques are located within walking distance of the application premises in Wycombe Road (adjacent to Aldi) and adjacent to Hall Green Library. 2.3. Stratford Road is a busy arterial route into the City from Solihull and the M42 motorway. The site is well served by public transport with Bus numbers 6, 5, 3, 5A, 6, 6E, 11A, 11C, 40, 76, 841, AH5, CH2, FW4, X20 all stop at the adjacent bus stops at 15 minute intervals. The site is also within a 15 minute walking distance of Hall Green railway station. 2.4. Pedestrian guard railings and bollards along with double red Traffic Regulation Orders sit adjacent to the site along Stratford Road and at the junction with Highfield Road. On-street parking is available on Highfield Road with the majority of residential premises in the vicinity of the site having private driveways. Site Location Map Street View 3. Planning History Page 2 of 10
3.1. 24 February 2004. 2003/07768/PA. Planning permission granted for the Change of use of premises to use as a personal fitness training clinic. 3.2. 6 March 2014. 2014/0126/ENF. Alleged change of use to mosque. Case closed. 3.3. 30 April 2014. 2014/0277/ENF. Alleged change of use to mosque. Case closed. 3.4. 2014/0407/ENF. Change of use to mosque. Under investigation. 4. Consultation/PP Responses 4.1. Local occupiers, Ward Councillors, MP and resident associations notified. 554 objections, a petition of objection of 668 signatures and 172 letters of support received. The application was discussed at the Hall Green Ward Committee on 24 November 2014 and the comments raised at that and previous Ward meetings have been included in the objections and support issues detailed below. 4.2. The 554 letters of objection are based on the following grounds: Lack of parking Highway Safety near misses witnessed at this junction Noise and residential disturbance No Need/ Lack of Need Premises are already in use as a mosque with two nearby and the local community make up does not support such a use Enough mosques already in Hall Green Plans show only one toilet area to be fully inclusive to the community it will need male and female toilets Should be secular not faith based education Loss of employment use Danger to children crossing roads Impact on House Prices Proposed hours of use Use of amplification equipment. 4.3. A petition of 668 signatures has also been received comprising 426 signatures against the use of the premises as a mosque/learning centre along with car parking and 242 signatures objecting to the opening of an Islamic School on the basis that all schools within Birmingham should not have any religious preference. The 426 signatures also object to the proposed development on the following grounds: Proposed use does not meet the needs of the Hall Green community as it is proposed to be a Muslim place of prayer and education. Not required as there is already a community hall that meets the needs of the community. The proposed car parking spaces, of which many are only available after 4pm, will not be sufficient for the needs of a use open all day. No contact has been made with local schools and therefore how will the use be provided in collaboration with them. The premises could be occupied by a significantly greater number for prayer use than that offered in the supporting information. Fire safety and access. Noise. 4.4. The 172 letters of support are based on the following grounds: Page 3 of 10
Ideal location on main road in commercial area Significant lack of educational facilities in the area Already operating very well with no problems Facility is required to cope with increasing number of Muslims in the area Facility will help to build better community relationships and build better community integration Existing high demand for faith based educational classes Need for daily prayer facilities in the area Need for meeting space for community groups. 4.5. Regulatory Services originally requested information relating to hours of use; numbers of people that are predicted to attend throughout the day on an hourly basis and total floor space of the proposed building. This information has been provided and no further comments have been received. 4.6. Transportation The car parking layout offers parking for 12 vehicles within the forecourt, falling beyond the sites red line. The parking proposed is unrealistic. The 6 spaces shown to be accessed off Highfield Road, shared with the adjacent office, include the access/manoeuvring space. Those reached off Stratford Road have no direct access, requiring manoeuvres over the adjacent sites forecourt area (1331 Stratford Road). While it is noted the use is already in operation, visits have shown low use of the facility with minimal vehicle movements within the forecourt area or surrounding roads, connected to the site. The majority of visitors were noted to arrive on foot. It is clear that 12 vehicles upon the forecourt is unrealistic and access was noted to be gained through the use of a separate property s (no.1331) forecourt & footway crossing. Visits to the site have not demonstrated the proposed use has any significant impact upon this existing situation. Recommend consent is temporary for 12 months, in order to carry out continued surveys at varying times/days, in order to satisfy that once fully operational that the highway safety/free flow concerns are not realised. Also recommend a condition requiring the installation of secure & sheltered cycle storage, in order to encourage this alternative mode of transport to/from the site. 4.7. West Midlands Fire Service No objection. 4.8. West Midlands Police - Situated on a red route at the arterial junction of Highfield Road and Stratford Road and apart from the four designated spaces (alongside the Stratford Road side of the building) offers no facility for parking nearby. Supporting information document details that the community hall will accommodate up to 40 people and after school classes will accommodate up to 52 people from within a 300m catchment area who will either walk or use public transport to attend. This is an optimistic expectation and will be impossible to implement. There is a very real potential for parking conflict amongst users of the proposed site, nearby residents and the business above it (Team telemarketing) who share the existing car park. 5. Policy Context 5.1. Unitary Development Plan, Draft Birmingham Development Plan, National Planning Policy Framework, National Planning Policy Guidance, Shopping and Local Centres Supplementary Planning Document, Places for Worship and Faith-Related Community and Educational Uses Supplementary Planning Document. 6. Planning Considerations Page 4 of 10
6.1. The NPPF identifies that the key principle of planning is the achievement of sustainable development which, in turn, has three arms: economic, social and environmental. If development is determined as sustainable and in accordance with the development plan then planning permission should be granted. 6.2. The NPPF, in Section 2, covers the vitality of town centres and identifies that centres are the preferred location for retail, leisure, commercial, office, tourism, cultural and community development. 6.3. Paragraphs 8.31-8.35 of the Birmingham Unitary Development Plan covers policy relating to Places for Worship and Social, Cultural and Educational Facilities. This policy was subsequently updated and provided in more detail in the City s adopted Places for Worship and Faith Related Community and Education Uses SPD and it is this policy that the application will be assessed against. 6.4. Section 5.2.5 (1 st bullet point) of the SPD states that the preferable location for places of worship serving a purely local need should be within a parade of commercial premises, easily accessible to the community. If suitable sites cannot be found within a parade of commercial premises then a site within easy walking distance of a parade of commercial premises, and/or on the fringe of residential areas should be identified, as long as this is in keeping with the local character of the area. 6.5. The 3 rd bullet point states: It is preferable when considering a teaching (or similar) use; applicants should first make enquiries with local schools, local children s/ community centres to ascertain whether rooms would be available for such purposes after school. Premises within a centre/small parades are preferred for this use, although, depending on the numbers of children attending/hours of use, the use of corner residential properties may be acceptable. 6.6. The 4 th bullet point states: Due to the location within centres (which generally have some level of shared parking facilities) it may be possible to apply parking standards more flexibly.. 6.7. The existing use of the building was as a D2 Personal Fitness Centre/Gym although this use has not been in occupation for a number of years. Prior to the D2 use, the premises were used as a bank (Use Class A2). As the previous use was not as an A1 retail unit, the Shopping and Local Centres Policy regarding the loss of retail premises does not apply in this instance. I also note that a number of objections relate to the loss of employment. The premises have not been occupied at ground floor for a number of years. I do not therefore consider that there is a loss of employment that would support a refusal on these grounds. 6.8. The premises are located within the primary shopping area of the Highfield Road, Hall Green Neighbourhood Centre and as such, comply with the locational requirements of the NPPF, UDP and SPD for the proposed uses in their own right and for the mix of uses now proposed. This location also enables access to the premises via a number of transport options including public transport as the premises are on a key bus corridor. A minimum number of 6 car parking spaces are available during the day with a further six spaces available on site in the evening when the existing business at first floor above the application premises has closed for the day. Page 5 of 10
6.9. I note that the majority of objections received included the issues of car parking and highway safety. As the premises are located in a centre in accordance with policy and accessible by means other than the private car, I consider that the proposal is acceptable in terms of car parking provision. Whilst I note that Transportation identify that the parking layout proposed is unrealistic due to access/manoeuvring space issues; their visits have identified that the use is in operation but with low use of the facility with minimal vehicle movements within the forecourt area or surrounding roads, connected to the site. The majority of visitors were noted to arrive on foot.they have concluded that visits to the site have not demonstrated that the proposed use has any significant impact upon this existing situation at present. 6.10. Objections received from local occupiers have related to the alleged dangerous junction at Stratford Road/Highfield Road and that due to this, highway safety would be an issue. Over the past 5 years, there have been 12 recorded accidents on this stretch of Stratford Road, including this junction (Highfield Road) along with the opposite Fox Hollies Road junction. 11 of these 12 accidents are classified as Slight and 1 as Serious. Transportation considers that while it is awkward to manoeuvre across these junctions, accidents numbers are low and therefore, the proposed change of use is unlikely to impact on highway safety. They have however recommended that a temporary consent of 12 months is granted in order to carry out continued surveys at varying times/days, in order to satisfy that once fully operational that the highway safety/free flow concerns are not realised. I concur with this approach. 6.11. The SPD policy suggests that where educational uses are proposed, applicants should first make enquiries with local schools, local children s/ community centres to ascertain whether rooms would be available for such purposes after school. This request was raised with the applicant following submission however no information regarding this has been submitted. I note that the policy states this information is preferable to have, i.e. not mandatory. Whilst this lack of information does not assist in determining the application or cover the objections raised on this ground (but also in relation to the alleged use of the premises as a mosque), this is not sufficient to warrant a refusal on these grounds as the proposed use of the premises is acceptable in principle. 6.12. Most of the objections received have related to the use of the premises as a mosque. This issue has been discussed with the applicant who has confirmed that they are not seeking a change of use to a mosque or defined place of worship and that no Imam will be present on site. 6.13. With regards to noise, disturbance and impact on residential amenity, the original supporting statement made reference to the proposed use of amplification equipment however, later revisions have removed this statement and safeguarding conditions are proposed to cover this issue. The front of the premises is located on the Stratford Road however on-street parking is on Highfield Road, which behind the application site is a residential dual-carriageway road. The premises are located in local centre with both Stratford and Highfield Roads carrying a significant amount of traffic leading to high levels of ambient noise. Although the area is residential to the west, I consider the separation between the premises and residents to be reasonable, especially given that the premises are not large. I do not consider the use of the premises within the hours proposed is likely to give rise to noise and disturbance to local residents, beyond that reasonably expected within/adjacent to a local centre. Page 6 of 10
6.14. Whilst the information requested by Regulatory Services has been provided and sent through to them, a further consultation response has not been received from them. As such and given that the proposed use is acceptable in principle in this location, I consider that safeguarding conditions relating to opening hours, no amplification equipment and no festivals and/or weddings are necessary and would overcome the concern originally raised by them and some of the objectors. While the policy guidance refers to controlling numbers of users by condition, I consider that to be difficult to enforce and in any event largely unnecessary given the modest size of the premises would naturally control numbers. 6.15. I note that a number of the objections raised related to impact on house prices and loss of the building, proposed toilet facilities and fire safety. Impact on house prices is not a material planning consideration, demolition of the building is not proposed and neither are any external alterations; proposed toilet facilities and their acceptability may be covered by other legislation including Building Regulations and West Midlands Fire Service have raised no objections to the proposal in terms of fire safety and access. 7. Conclusion 7.1. The key principle in the NPPF is the presumption in favour of sustainable development and this is identified as having three stems: economic, social and environmental. As the proposal would utilise an existing vacant building without the loss of retail floor space and would provide a community facility including education; I consider that the economic and social benefits of the proposed use outweigh the various concerns raised by some local residents. The proposed development would also have a minimal environmental impact. On this basis, I consider the proposal to be sustainable development. 7.2. The proposed change of use would provide a community facility within the D1 Use Class that would comply with planning policy and not result in a loss of employment land or retail provision within the Centre. Car parking provision is available on site with on-street parking on Highfield Road available. Transportation request a one year temporary consent to properly test the effects of the proposed uses on local parking and highway conditions, and I consider this reasonable. The hours of opening proposed should be acceptable at this busy local centre location and noise and disturbance should not result to residents. 8. Recommendation 8.1. That planning permission is approved subject to the conditions listed below. 1 Requires the scheme to be in accordance with the listed approved plans 2 Limits the hours of operation to 0800-2200. 3 Prevents the use of amplification equipment 4 Prevents weddings and other major events to take place on site 5 Requires the parking area to be laid out prior to use 6 Requires the use to discontinue within a timescale by 8 January 2016 Page 7 of 10
Case Officer: Pam Brennan Page 8 of 10
Photo(s) Photo 1: External of Application Premises Photo 2: Internal of Application Premises Page 9 of 10
3 44 40 Location Plan 140.2m 11 15 PC 19 1322 1322a 1324 140.5m Bank 1331 1329 1327 1331a TCB 1339 48 140 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 Page 10 of 10