COMMITTEE DATE: 28/11/2011

Application Reference: / 11/0593
WARD: / Victoria
DATE REGISTERED: / 29/08/11
LOCAL PLAN ALLOCATION: / Local centre
APPLICATION TYPE: / Full Planning Permission
APPLICANT: / NOOR A MADINA
PROPOSAL: / Use of premises as place of worship (Mosque) and community/education centre with three ancillary self-contained flats at first floor level and an education/event hall to the rear with associated parking.
LOCATION: / 189 - 199 WATERLOO ROAD, BLACKPOOL, FY4 2AE

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Summary of Recommendation: / Defer for Delegation

CASE OFFICER

Miss. S. Parker

BACKGROUND

The application site has been in use as Noor-a-Madina Mosque for approximately 15 months. The site is subject to two planning enforcement notices dating back to 2008 which relate to the poor condition of the frontage (ref. 08/8552 and 08/8553). These notices were served in August 2010 and became valid from October 2010 requiring compliance by April 2011. It is understood that the Noor-a-Madina Mosque occupied the site from August 2010 and that action on these notices was held in abeyance pending the submission and determination of a planning application. An invalid application was submitted in October 2010 but was withdrawn and returned two months later on the basis of inadequate information. Enforcement investigations were resumed in spring 2011 and culminated in the current application being submitted in June of this year and validated in July.

SITE DESCRIPTION

The application site falls within a large Local Centre as defined by Policy BH14 of the Blackpool Local Plan. The application relates to five, two-storey properties, four of which (nos. 187-189, 193-195, 197 and 199) front Waterloo Road with the fifth (no. 191) situated to the rear. An alleyway runs along the back of the application site and separates the commercial properties fronting Waterloo Road from the residential properties fronting Gladstone Avenue. The access to this alleyway is from Gladstone Avenue. The properties were formerly in retail and hot-food take-away uses at ground floor level. The application properties are currently in use as a Mosque and are set out as follows:

  • nos. 187-189 - storage area at ground floor level with an ancillary residential flat above;
  • nos. 193-195 - male prayer area at ground floor level with a communal prayer and eating area at first floor level;
  • no. 197 - female prayer area at ground floor level with an ancillary residential flat above;
  • no. 199 - community lounge room at the front of the ground floor with a small recording studio behind and a storage area to the rear. The first floor is in use as an ancillary residential flat;
  • no. 191 (to the rear) - ground and first floor used as storage.

The yard areas to the rear of the properties have been combined to create a large open space. At present this space accommodates some out-buildings in poor condition and has been used to store waste.

With the exception of new signage, the Waterloo Road frontage of the application site has been little altered since the conversion of the properties into a Mosque. The result is an incoherent frontage which is in poor condition. A number of windows are boarded. It is understood that no works have been carried out on the frontage pending the determination of this application. The properties themselves are of traditional design with bay windows at first floor level at nos. 187-189, 193-195 and 197. Two of the properties (nos. 193-195 and 197) have a front gable feature. All of the properties have modern shop-fronts with large areas of glazing at ground floor level.

The Committee will have visited the site on 28th November 2011.

DETAILS OF PROPOSAL

The application seeks retrospective planning permission for the use of the premises as place of worship (a Mosque) and community/education centre, with three ancillary self-contained flats at first floor level and an education/event hall to the rear. It is proposed that the properties would be laid out as follows:

  • nos. 187-189 - the ground floor, currently used as storage, would be used for workshops and activities with a kitchen to the rear. The existing first floor ancillary residential flat would remain;
  • nos. 193-195 - the ground floor would remain as a male prayer area but the communal prayer area at first floor level would be used for female prayers;
  • no. 197 - the current ground floor female prayer area would be used as an ancillary prayer area. The existing first floor ancillary residential flat would remain;
  • no. 199 - this property would remain much as it is at present with the ground floor used as a community lounge/discussion room with a recording studio for the Ghousia TV station which is broadcast from the site, printing room and store behind. The existing first floor ancillary residential flat would remain;
  • no. 191 (to the rear) - ground and first floors of this building, currently used as storage, would be used as an education and training centre for special events and celebrations.

The existing small outbuildings to the rear would be removed and six parking spaces would be made available for staff use with a further eight parking spaces available for use on the forecourt. The applicant has also submitted a letter from the owner of the Sapna take-away at no. 10 St. Annes Road which confirms that parking for 5 cars would be available on the forecourt of that property between 9am and 3pm on Fridays. However, it is noted that there is currently no legal vehicle crossing by which to access these spaces.

The applicant has indicated that, in addition to the use as a place of worship, the following activities would take place from the site:

  • religious education;
  • preparation of bodies for burial (washing and prayer);
  • operation of Ghousia TV station;
  • maths classes;
  • language classes;
  • cookery workshops;
  • educational workshops;
  • meeting of women’s groups, over 60s groups etc;
  • crèche facility;
  • football club;

In support of the application, the applicant has submitted the following:

  • a Design and Access and Planning Statement;
  • a Transport Statement and basic Travel Plan;
  • background information on the vision, objectives and mission statement of Noor-a-Madina Mosque;
  • information on the Blackpool Muslim Women’s Forum;
  • information on the Ghousia TV channel which operates from the site;
  • copies of newsletters produced by the Mosque;
  • a letter of support from Reverend Christopher Wren, Chairman of the Blackpool Faith Forum;
  • a letter from the Lancashire Police Diversity Officer observing that a multicultural centre operating with the support of the whole community would benefit other facilities and organisations in Blackpool;
  • letters of thanks from Palatine Library, RevoePrimary School and the Race Equality Forum;
  • email of support from the Council's Polish Engagement Worker;
  • details of a Muslim Awareness Workshop held on 25 January 2011;
  • details of a Islamic Culture and Faith Workshop held at a local SureStart Children's Centre on 22 September 2009;
  • details of an Islamic Workshop held at a local SureStart Children's Centre in November 2009;
  • information on the applicant including involvement in community organisations.

Copies of the following have also been provided in relation to the Noor-a-Madina Mosque and Blackpool Muslim Women’s Forum:

  • health and safety policy;
  • diversity and equal opportunities policy;
  • volunteer policy;
  • conflict of interest policy;
  • child protection and vulnerable adults policy;
  • Blackpool Muslim Women’s Forum Action Plan;

MAIN PLANNING ISSUES

The main planning issues are considered to be:

  • the acceptability of a place of worship and community centre;
  • the impact of the proposal on residential amenity;
  • the impact of the proposal on highway safety;
  • the acceptability of the appearance of the application properties.

These issues will be discussed in the assessment section of this report.

CONSULTATIONS

Head of Transportation (in response to originally submitted application) - states that a Transport Statement, Travel Plan and Accessibility Questionnaire are needed. The parking spaces indicated to the rear of the site do not appear to be accessible. Waterloo Road is a key route which carries an average of 7,500 vehicles per day. On-street parking is available in the immediate vicinity of the site although it is in regular use. Residents parking schemes operate on adjacent side streets. Overall the parking available is insufficient for a place of worship and community centre. Parking is likely to be a particular problem on a Friday lunchtime (principle prayer time) and during key periods such as Ramadan. Conflict between users of the facility and local residents would be unavoidable. Inadequate information has been provided in relation to the use of the centre, the travelling patterns of users and the likely numbers of users. Noise disturbance from vehicles may be an issue given the opening hours indicated. The condition of the forecourt is of concern and access to the forecourt is restricted by the speed camera and associated feeder pillar on Waterloo Road. Parking standards for a D1 (Public Hall/Place of Worship) use would be 1 space for every 10sq m. The total gross area of the site is approximately 540sq m which would equate to a maximum parking requirement of 54 spaces.

Head of Transportation (in response to the submission of a Transport Statement, Travel Plan and Accessibility Questionnaire) - the Transport Statement and Travel Plan submitted do not adequately set out how use of sustainable travel modes would be encouraged and increased. On-street parking provision in the immediate area is restricted and its availability should not be relied upon. Against advice, the applicant has not approached Homebase or the Council's Parking Services to secure access to additional parking during the Friday lunchtime prayer period. Parents dropping/collecting children for lessons are unlikely to use the forecourt and would be more likely to pull up on the road which would potentially be unsafe. A Traffic Regulation Order is required to ensure safe access to the forecourt parking spaces proposed. The Travel Plan submitted is not sufficiently detailed. The forecourt of the Sapna take-away on St. Annes Road is not served by a legal vehicle crossing and so vehicles crossing the footpath to access these spaces would be breaking the law in contravention of the Highways Act 1980. There is no mitigation in place for the impact the use is generating currently, and is likely to generate in the future. If the planning permission is to be granted, conditions should be attached requiring;

  • the preparation of a more detailed Travel Plan;
  • the spaces to the rear to be used by staff/residents only;
  • demarcation of the forecourt spaces proposed;
  • improvements to the condition of the forecourt;
  • provision of a parking marshal during the busy Friday lunchtime prayer period;
  • implementation of a Traffic Regulation Order;

The applicant needs to secure written evidence from either Homebase or the Council's Parking Services to confirm that additional parking provision would be made available during the Friday lunchtime prayer period.

Head of Housing and Environmental Protection Service - states that there have been no complaints of any statutory nuisance submitted and so there are no adverse comments to make.

United Utilities (Water) - No objection.

Lancashire Police Architectural Liaison Officer - a development of this kind could lead to race/religious hate crime being committed against users of the building and the building itself. Laminated glazing should be installed to all doors and windows at ground floor level and in other easily accessible locations. Windows and external doors should be installed to Secure By Design standards. Consideration should be given to the provision of a monitored intruder alarm system and a CCTV system that would cover the external elevations of the building and the car parking. Further information is available online at

PUBLICITY AND REPRESENTATIONS

Site notices displayed: 20 September 2011

Neighbours notified: 31 August 2011

259 representations have been received in relation to this application.

Letters/emails of objections have been received from:

Abbey Road; 31
Abbotsford Road; 33
Aintree Road; 1, 11, 21, 49, 53
Ansdell Road; 140
Arkholme Avenue; 7
Arnside Avenue; 6, 19, 21
Aylesbury Avenue; 7
Banks Street; unknown
Barclay Avenue; 8
Bardsway Avenue; 29
Barham Street; unknown
Baron Road; unknown, 4, 6
Beardshaw Avenue; 30
Bescot Way (Thornton); 19
Boardman Avenue; 33
Bolton Street; 110
Carlyle Avenue; 26
Caunce Street; 102
Central Drive; 380, 384
Chatsworth Ave; 1-7
Cherry Tree Road; 189
Chiltern Avenue; 6
Chislehurst Avenue; 3A, 18, 21, 50, 96
Cyprus Ave; 6 (Flat 1)
Dean St; 55
Dorset Street; 4
Dover Road; 31
Dunelt Court; 5
Dunelt Rd; 14, 45, 56
Eaton Avenue; unknown, 7, 9, 16
Eccleston Road; 24
Edwell Ave; unknown
Elderberry Close; 5
Ellesmere Road; 27, 38
Falmouth Road; 7, 35
Fernhurst Avenue; 7, 8, 27
Fifth Avenue; 3, 10
Finsbury Avenue; 15
Frederick Street; 8, 9
Gladstone Street; unknown, 9, 14, 18, 22, 23
Grasmere Rd; 80
Hall Avenue; unknown x 2, 2, 10, 12, 14
Hampton Road; 11
Harcourt Road; 20
Harris Avenue; 28
Hawe Side Lane; 348
Hebden Avenue; 2, 11
Hemingway; 12, 28, 37, 51, 53, 69, 80, 95
Henry St; 32
Howe Avenue; 16, 25
Hudson Road, 5, 14, 20, 36
Hurstmere Avenue; 1, 30
Ilford Road; 13
Kingscote Drive; 18
Livingstone Road; 9 / Leys Road; 25
Loftos Avenue; 27
Lowfield Rd; 27
Lunedale Avenue; 12
Lyndhurst Avenue; 4
Lynton Avenue; unknown, 2, 22
Lytham Rd; 377
Manchester Road; 71
Marina Avenue; 6
Marsden Road; unknown, 11, 12, 48, 77
Marton Drive; unknown, 79, 124
Maudland Road; 7
Melrose Ave; unknown
Molyneux Drive; 112
Newbury Avenue; 6
Nuttall Road; 11
Orkney Road; 18
Park Road; 171
Pickmere Avenue; 16
Portland Road; 86
Powell Avenue; unknown x 2, 19, 27, 42, 50, 65, 70
Ravenwood Avenue; 17
Regent Road; 20, 50
Renwick Avenue; 4
Richmond Road; 38
Romney Avenue; 4, 15
Saville Road; unknown, 2, 43, 61, 66, 67, 72, 76, 77, 89, 91, 93, 103, 104
Shetland Road; 6, 28, 53, 58
Silverwood Avenue; unknown x2
Stansfield Street; 1, 9 (Flat 1)
St. Annes Road; 14 St. Annes Court, 8A, 26, Flat B 30-34, 100, 104
St. Heliers Road; unknown x 3, 47, 85, 110, 111, 122, 138 Flat 1, 138 GF Flat, 143
Starbeck Avenue; 20
Stoke Avenue; 20
Third Avenue; 9, 25
Thirsk Grove; 37
Threlfall Road; unknown, 23, 25, 28
Truro St; 11
Trent Road; 11
Vicarage Lane; 57
Waterloo Road; 14, 136, 150, 156, 185 x 2, 186, 220, 235, 237, 241, Residents Action Group
Watson Court; 3
Watson Road; 107, 240
Westbank Avenue; 17
Westbourne Aveue; 6, 11
Westfield Road; unknown, 1, 6, 45
Weston Place; 2
Westwood Avenue; 16, 47
Winchester Ave; 10
Woodpark Road; 19
York Street; 24

Fifteen objections have been received from locations outside of the Fylde Coast; Blackburn, Bognor Regis, Bolton, Bradford, Bristol, Bury, Cuxton, Horndean, Ireland, Kidwelly, Kilmarnock, Kings Lynn, Leeds, Moreton, Tyne and Wear, and Watford.

A further 16 anonymous objections have been received, as have 17 objections which have not been published due to racist or offensive content.

A petition of objection bearing approximately 2,600 signatures has been submitted. Less than 200 (<8%) of signatories are local residents living within 200m of the application site.

One anonymous comment and one comment from 16 Silverwood Avenue have been submitted.

Letters/emails of support have been received from Dunelt Rd (Unknown), Hudson Rd (no. 16), Chapel Road (Oakroyd) and Waterloo Road (unknown)

The applicant has submitted a petition in support of the proposal bearing 150 signatures, approximately 10% of which are from local residents living within 200m of the application site.

The representations received have raised the following planning issues:

  • inadequate parking
  • increased traffic/congestion
  • highway safety
  • lack of need
  • inappropriate location
  • inappropriate scale
  • impact on regeneration and tourism
  • poor condition/external appearance of property
  • noise and disturbance
  • safety and security
  • effect on listed building
  • drainage capacity
  • should be used for affordable housing
  • no contribution made towards public art or public open space

Many of the representations have also raised the following issues which are not valid planning considerations and which cannot be taken into account in the determination of this application:

  • operation without planning permission
  • risk of violence
  • impact on emergency services
  • requirement for CCTV/police surveillance is a burden to the taxpayer
  • the proposal will not help with integration, it will perpetuate segregation and community tension
  • inadequate consultation has taken place
  • government money spent providing community facilities elsewhere will have been wasted
  • loss of property value

The planning issues raised will be discussed in the assessment section of this report.

A significant proportion of the objections received have made specific reference to the fact that the proposal is for a Mosque. The Committee is respectfully reminded that the planning system is concerned with land uses and not the specific characteristics of owners or occupiers. This application must therefore be determined on the basis of the acceptability of the use of the site as a place of worship and community centre without regard to the religion to be practised.

NATIONAL PLANNING POLICY AND GUIDANCE

Planning Policy Statement 1 - Delivering Sustainable Development

Planning Policy Guidance 13 - Transport

Planning Policy Guidance 24 - Planning & Noise

EMERGING NATIONAL PLANNING POLICY

The Minister of State for Decentralisation (Mr. Greg Clark) issued a Statement 'Planning for Growth' on the 23rd March 2011 which emphasises the Governments top priority to reform the planning system to promote sustainable economic growth and jobs. The Chancellor indicated that the forthcoming National Planning Policy Framework will expect local planning authorities to plan positively for new development; to deal promptly and favourably with applications that comply with up-to-date plans and national planning policies.

The Draft National Planning Policy Framework states that the planning system should promote strong, vibrant and healthy communities by creating a good quality built environment, with accessible local services that reflect the community's needs and supports its health and well-being. (Consultation period ended 17th October 2011)

SAVED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016

BH3 - Residential and Visitor Amenity - this policy seeks to prevent developments which would have an adverse impact on residential amenity by virtue of overlooking, overshadowing, loss of outlook and/or noise or disturbance arising from activity.

BH11 - Shopping and Supporting Uses - Overall Approach - this policy states that the Council will maintain and enhance the hierarchy of centres shown on the Proposals Map to ensure that all sections of the community have access to a wide range of shops and services. The policy states that new retail, cultural and community uses will be permitted in Blackpool Town Centre, the district centres and the local centres as appropriate to the scale, role and character of each.