Agenda item

The Planning Officer presented the application as detailed in the agenda and with the aid of a power point presentation showed the site and proposed plans including proposed bin stores located on site.  He explained that the place of worship had already been approved and that this application was simply for the conversion of the flats and external alterations to the façade of the approved Mosque. 

He also presented proposed varied conditions to 01, 02, 05 and 08 to read:

01)‘Notwithstanding the time limits given to implement planning permission as prescribed by Sections 91 and 92 of the Town and Country Planning Act 1990 (as amended), this permission (being granted under section 73A of the Act in respect of development already carried out) shall have effect from June 2016.

Reason: To comply with Section 73A of the Act.’

02) To include amended drawing to BO1A received 6 July 2016.

05)’To also include; The railing shall thereafter be implemented within 1 month of the women’s pedestrian access being formed and shall thereafter be retained in accordance with the agreed details.’

08) ‘To also include; and thereafter retained.’

He also proposed additional conditions 09 and 10 as follows:

09) ‘Within one month of the date of the decision details of the storage of refuse for both the place of worship and flats shall be submitted to and agreed in writing by the Local Planning Authority.  The storage shall be implemented in accordance with the approved details and thereafter retained.

Reason: In the interests of environmental health in accordance with Policy EQ2 of the adopted South Somerset Local Plan 2006 – 2028.’

10) Within 1 month of the date of the decision a Construction Environmental Management Plan (CEMP) for the development shall be submitted to and agreed in writing by the Local Planning Authority.

Reason: In the interests of parking and highway safety in accordance with Policies TA5 and TA6 of the adopted South Somerset Local Plan (2006 – 2028).

The Planning Officer referred to the key considerations including:

·         Principle – Use of building

·         Residential Amenity – the flats

·         Visual Amenity – external alterations

·         Parking levels on site and the justification for any reduction.

He concluded that his recommendation was for approval for reasons as set out in the agenda report.

A local resident addressed the committee and spoke in objection to the application.  He raised concern regarding the materials to be used, the location and collection of the storage waste recycling bins and the availability of parking places whilst the centre is in full use particularly on a Friday.  He also raised concern regarding land contamination, the charitable status of the centre and the future occupants of the proposed flats. 

The Planning Officer explained to member’s that as there was no actual excavation involved on site the Environmental Protection Officer is content with the application and made no comment.  He understood that waste collection usually took place on a Wednesday and believed this would not compromise residential parking or access of the site. 

Mike Bellamy, the SSDC Highways consultant advised members that he believed there to be ample parking for the centre and residents of the flats apart from one period on a Friday and therefore on balance believed the onsite parking to be acceptable.

The Solicitor also advised members that future occupiers of the proposed flats was not a planning consideration and was a private matter.

Ian Pamplin, the agent addressed the committee and told members that the bin stores and collection points had now been agreed and would be properly screened and marked out onsite.  He confirmed the flats were needed for the sustainability of the centre as is run as a charity for the benefit of its members, however if not taken up would be offered on to the open market.

Councillor Tony Lock, Ward member raised concern regarding the parking provision on site as it is located on a very busy road with minimal on street parking.  He noted a travel survey had been carried out and understood this had not been undertaken by an independent person. He therefore could not support the application on the grounds of insufficient parking provision.

Councillor Rob Stickland, Ward member appreciated the concerns regarding parking but considered the officer’s recommendation to be acceptable.

Councillor David Recardo, Ward member referred to the previous location of the mosque at Westminster Street.  He believed this proposal to be a like for like apart from the parking provision and was located near public car parks.

During a short discussion members raised comment, including the following:

·         raised concern regarding the onsite parking provision but appreciated that there is public parking nearby. 

·         Good sustainable location near town centre.

·         Similar developments nearby with less parking than this proposal.

Following a further short debate, it was proposed and seconded to approve the application as per the officer’s recommendation and with the proposed varied conditions to 01, 05 and 08 and the additional conditions 09 and 10 as per the verbal update.  It was also agreed to an additional condition regarding external materials to the proposed building.  On being put to the vote this was carried as 12 votes in favour, 1 against and 0 abstentions. 

RESOLVED:

That application 16/00389/FUL be approved subject to:

Grant permission for the following reason:

01.       Notwithstanding the interest in this application the proposed alterations to the building are considered to respect visual and residential amenity of the area and it has been demonstrated that the level of parking for the site is sufficient.  The proposal therefore complies with Policies YV1, TA5, TA6 and EQ2 of the adopted South Somerset Local Plan (2006 - 2028).

Subject to the following:

01.       Notwithstanding the time limits given to implement planning permission as prescribed by   Sections 91 and 92 of the Town and Country Planning Act 1990 (as amended), this permission (being granted under section 73A of the Act in respect of development already carried out) shall have effect from June 2016.

Reason:  To comply with Section 73A of the Act.

02.       The development hereby permitted shall be carried out in accordance with the following approved plans: 290/01 / S01, 290/01 S02 and 290/01 P05 received 28 January 2016, amended drawings 290/01 B02, 290/01 B03 and 290/01 B04 received 8 June 2016 and amended drawing 290/01 B01A received 6 July 2016.

Reason: For the avoidance of doubt and in the interests of proper planning.

03.       The proposed first floor window on the Southwest elevation to the flat shall be a minimum of 1.7m above the floor of the room in which the window is installed.

Reason: In the interests of residential amenity in accordance with Policy EQ2 of the South Somerset Local Plan (2006 - 2028).

04.       The first floor Iman accommodation located on the first floor at the north western end of the building shall be used as temporary accommodation for a visiting priest and shall not be used as a separate self-contained flat.

Reason: In the interests of amenity and to clarify the scope of the application in accordance with             Policy EQ2 of the South Somerset Local Plan (2006 - 2028).

05.       There shall be a safety railing located on the southwest boundary by the women's entrance.  Details of which shall be submitted to and agreed in writing by the Local Planning Authority within 3 months of the date of the permission. The railings shall thereafter be implemented within 1 month of the women's pedestrian access being formed and shall thereafter be retained in accordance with the agreed details.

Reason: In the interests of health and safety.

06.       There shall be no obstruction to visibility greater than 600 millimetres above adjoining road level forward of a line drawn 2.4 metres back and parallel to the nearside carriageway edge over the entire site frontage. Such visibility shall be maintained at all times.

Reason: In the interests of highway safety in accordance with Policy TA5 of the adopted South Somerset Local Plan (2006 - 2028).

07.       The parking and turning provision as shown on the submitted plan shall have no obstructions to those areas and shall not to be used for any purpose other than for the parking and turning of vehicles associated with the Muslim Cultural Centre and the four apartments.

Reason: To ensure that there is adequate space within the site for the parking of vehicles clear of the highway in accordance with Policy TA6 of the adopted South Somerset Local Plan (2006 - 2028).

08.       Provision shall be made for the parking of 4 cycles in accordance with details to be submitted to and approved by the Local Planning Authority within 3 months of the date of this permission.  Such provision shall be made within 6 months of the permission hereby being granted and thereafter retained.

Reason: In the interests of sustainable transport in accordance with Policy TA5 of the adopted     South Somerset Local Plan (2006 - 2028).

09.       Within 1 month of the date of the decision details of the storage of refuse for both the place of worship and flats shall be submitted to and agreed in writing by the Local Planning Authority.  The storage shall be implemented in accordance with the approved details and thereafter retained.

Reason: In the interests of environmental health in accordance with Policy EQ2 of the adopted South Somerset Local Plan (2006 - 2028).

10.       Within 1 month of the date of the decision a Construction Environmental Management Plan (CEMP) for the development shall be submitted to and agreed in writing by the Local Planning       Authority.

Reason: In the interests of parking and highway safety in accordance with Policies TA5 and TA6 of the adopted South Somerset Local Plan (2006 - 2028).

11.       No works shall be undertaken on the external finish of the building unless details of the render, tiles and materials for the minarets are submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the agreed details unless otherwise agreed in writing.

Reason: In the interests of visual amenity in accordance with Policy EQ2 of the adopted South Somerset Local Plan (2006 - 2028).

(voting: 12 in favour, 1 against, 0 abstention)