CHANGE OF USE FROM PUBLIC HOUSE (CLASS A4) TO PLACE OF WORSHIP/COMMUNITY HALL (CLASS D1) Town Council

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1 APPLICATION NUMBER: 10/02342/FUL CHANGE OF USE FROM PUBLIC HOUSE (CLASS A4) TO PLACE OF WORSHIP/COMMUNITY HALL (CLASS D1) AT The Plough, 95 Manor Road, Bletchley FOR Mr Mujibur Rahman Target: 5th January 2011 Ward: Bletchley & Fenny Stratford Parish: Bletchley & Fenny Stratford Town Council Report Author/Case Officer: Nicola McTeer Contact Details: Team Leader: Andrew Horner Contact Details: INTRODUCTION AND SUMMARY (A brief explanation of what the application is about, what the main issues are and the officer's Recommendation to the Committee) 1.1 The Site The application site is an existing, detached, vacant public house with its associated parking areas located off Manor Road in Bletchley. The area is predominantly residential with properties of varying styles. The site does not lie within a conservation area. Details of the location of the site and its relationship to surrounding properties can be seen in the plans attached to this report. 1.2 The Proposal The application seeks consent for a change of use from a public house (Use Class A4) to a place of worship/community hall (Use Class D1). Some internal alterations are proposed to provide prayer halls, washing facilities, toilets, mortuary and body wash room and cold room. The first floor is proposed to be priest s accommodation (a two bed flat). There are no external alterations proposed, however it is proposed to remove the existing public house signage and replace it with a new suitable sign. This would be the subject of separate application for advertisement consent. Details of the proposal as described above can be seen in the plans appended to this report. 1.3 Main Issues The main issues in this case are considered to be the impact on the character and appearance of the area, whether or not the proposed development would preserve or enhance the setting of the nearby listed buildings, any potential impact upon the residential amenity of neighbouring properties and the impact on parking provision. (132)

2 1.4 RECOMMENDATION It is recommended that planning permission be granted subject to the conditions set out at the end of this report. 2.0 RELEVANT POLICIES (The most important policy considerations relating to this application) 2.1 National and Regional Policy PPS1 Delivering Sustainable Development PPS5 Planning and the Historic Environment Planning (Listed Buildings & Conservation Areas) Act Local Policy Adopted Milton Keynes Local Plan The most relevant 'saved' policies within the adopted Milton Keynes Local Plan are: D1: Impact of Development Proposals on Locality; D2: Design of Buildings. HE5: Development Affecting the Setting of Listed Building C1: Location of Community Facilities C2: protection of Community Facilities T15: Parking Provision Core Strategy CS20 The Historic and Natural Environment Supplementary Planning Guidance Supplementary Planning Guidance - Addendum to 'Parking Standards for Milton Keynes 2005 adopted April RELEVANT PLANNING HISTORY (A brief outline of previous planning decisions affecting the site this may not include every planning application relating to this site, only those that have a bearing on this particular case) 3.1 None. 4.0 CONSULTATIONS AND REPRESENTATIONS (Who has been consulted on the application and the responses received) 4.1 Conservation and Archaeology: No objections. I note that no external changes to the building are proposed, and that the existing use is that of a public house. On this basis I consider that there will be no harm caused to the setting of the nearby listed buildings. Having fully considered the application, discharged the duties of Local Planning Authority, considered national and local policy and guidance as outlined above, I have no objection to the proposed works. (133)

3 4.2 Development Plans: No objections. The Milton Keynes Local Plan designates places of worship as Class D1 Community Facilities: Non residential institutions. The main policy that must therefore be referred to is Policy C1, which states that: Planning permission will be granted for: (i) Non-residential community facilities within, or adjacent to Central Milton Keynes, town, district and local centres. Whilst this site is not within or adjacent to CMK, a town, district or local centre and therefore not suitable for the proposed use, there are several examples of places of worship that have been granted outside of these centres previously. The site is also in a fairly easily accessible location and appears to have ample enough parking for a use of this type. My only concern would be related to any noise that could be created by a use of this type in what is a predominantly residential location. However, providing the case officer is happy that this will not be an issue, I have no objections from a policy perspective. 4.3 Environmental Health: Comments: The above application does not provide sufficient information to make a judgement on the potential noise impact of the development. - No detail is given regarding use of the building for festivals and weddings, this needs to include times of usage and approximate numbers of attendees. - It is not clear if any form of sound system is to be used within the building or if a call to prayer is to be used at the premises. As stated during the pre-application work on this proposal full details of the use of the premises and any potential noise and mitigation are required to determine the impact of the use on neighbouring residents. A letter requesting further information was sent by the Case Officer to the applicant and further details were received from the applicant. The additional information submitted has been forwarded to the Environmental Health Officer for comment. Any comments received will be included in the Officer verbal update at Development Control Committee. 4.4 Cllr Reg Edwards (Neighbouring Ward Councillor): Objects. The change of use for the premises is for a house of worship in which case I think it is only fair to mention that the parking facilities will be inadequate and the persons attending the building will be street parking in Mill Road, Larch Grove and possibly outside the Coronation Hall, Stoke Road because there is insufficient parking spaces on the former Plough Pub car parking area. (134)

4 I think the consultation will need to be extended to all residents in the Mill Road, Larch and Stoke Road, because these people could bear the brunt of additional on street parking and the area located at the junction on the Plough Roundabout. Consultation will need to be addressed by The Mill Residents Association, Secretary Elizabeth A Rawlinson 55 Stoke Road Bletchley Milton Keynes MK2 3AB, also to the Bletchley and Fenny Stratford Town Council. In the interests of the constituents I represent and the car parking difficulties that will emerge I cannot support this application. Further comments were received from Cllr Edwards and they read: I accept that this application is a worthy cause for worshippers who have been upstanding good people for many years and respected for the manner in which they conduct themselves and have been part of the community for over 45 years to my knowledge and I can recall that many of the older people worked for the London Brick Company before it closed. I feel that more thought should have been given by the applicant in obtaining a venue sufficient in size and with car parking facilities to suit the needs of the overwhelming number of worshippers. The conversion of the Plough Public House into a Mosque gives cause for concern that it might prove to be inadequate having in mind the following observations: Traffic Congestion The Plough Public House car parking facilities are inadequate to accommodate the number of vehicles that will be parked when using the proposed worship/community hall and this will give cause for concern about additional parking that will take place in Mill Road, Larch Gove, Chestnut Crescent, Drayton (service) Road, Appleby Heath and the corner plot of land outside the Coronation Hall in Stoke Road. There are existing car parking problems and highways congestion in the location of the Plough Roundabout due to the usage of the Coronation Community Hall, Veterinary Centre, Water Eaton Church Centre, Sycamore Club, Doctors Surgery, Co-operative Store, Newsagents and Eaton Mill School. Heath and Safety There are no pedestrian crossings in the close vicinity to the Plough Roundabout and the roads are dangerous due to the high volume of traffic. There is anticipation of greater volume of traffic to the Plough Roundabout due to the massive new development of the Newton Leys site comprising Housing (up to 1650 dwellings), a primary school, employment areas, community facilities, shops, new park, playing fields, (135)

5 hotel and leisure facility. Residents Associations The Mill Residents Association and the Water Eaton Residents Association have been actively involved in outlining their views in opposing the planning application for a change of use from the Plough Public House to a worship/community hall for the aforementioned reasons. In addition The Mill Residents Association have completed a survey of the use of the Duncombe Street Mosque and the statistics show the number of worshippers cars using the Sainsbury Car Park (close to the Duncombe Street Mosque) and other worshippers cars parked in neighbouring streets and some on double yellow lines; also contained in the survey is the number of pedestrians using the Mosque. 4.5 Cllr Jan Lloyd (Neighbouring Ward Councillor): Objects. I should like to register my comments about this application for the site of The Plough public house, Bletchley. Whilst I understand and support the need of the local Muslim community to have a new mosque to replace the very overcrowded accommodation in Duncombe Street, I do not believe that The Plough site is an appropriate venue. For many years local councillors and residents have tried to improve the safety of The Plough roundabout without much success. There are no pedestrian crossings close by and the complicated junction of four heavily used roads, together with two community centres and the Water Eaton Centre makes the whole complex very dangerous. The amount of traffic generated at the moment by the mosque in Duncombe Street is between every Friday lunchtime with around 300 worshippers congregating at this time, with lesser numbers at other times, but still sufficient to inconvenience residents of the area. The Friday traffic already causes great difficulty around Duncombe Street with parking along all the side streets even on double yellow lines and filling the car park outside Sainsbury s. The parking at The Plough is insufficient to accommodate this number and the surrounding areas are already very heavily used. There is no equivalent to Sainsbury s car park to accommodate overspill. The amount of traffic will cause even more danger on the roundabout and the 300 pedestrians making their way to the mosque will be in danger from the increased traffic. I deplore the fact the some elements of the community are seeking to make this a racist matter which it is not. My objections are based purely (136)

6 on the safety aspects of the increased volume of traffic and the inability of the site itself and the surrounding area to accommodate the parking. I should be grateful if you would accept this as a formal objection to this application. 4.6 Local Residents The occupiers of the following properties were notified of the application: Saffron Street Bletchley Milton Keynes (inclusive) 1-15 Appleby Heath Bletchley Milton Keynes (inclusive) 2 62 Chestnut Crescent Bletchley Milton Keynes (evens only) 8 12 Larch Grove Bletchley Milton Keynes (evens only) Larch Grove Bletchley Milton Keynes (odds only) Larch Grove Bletchley Milton Keynes (odds only) 1 11 Mill Road Bletchley Milton Keynes (odds only) 8-16 Mill Road Bletchley Milton Keynes (evens only) Mill Road Bletchley Milton Keynes (odds only) Mill Road Bletchley Milton Keynes (odds only) Mill Road Bletchley Milton Keynes (evens only) Mill Road Bletchley Milton Keynes (odds only) 30-48A Mill Road Bletchley Milton Keynes (evens only) Mill Road Bletchley Milton Keynes (odds only) Sycamore Club, Sycamore House, Water Eaton Church Centre, Drayton Road Bletchley 2 Drayton Road Bletchley Milton Keynes Drayton Road Bletchley Milton Keynes (evens only) Water Eaton Road Bletchley Milton Keynes (odds only) Water Eaton Road Bletchley Milton Keynes (evens only) 3-7 Stoke Road Bletchley Milton Keynes (odds only) 17 19B Stoke Road Bletchley Milton Keynes (odds only) Stoke Road Bletchley Milton Keynes (inclusive) Stoke Road Bletchley Milton Keynes (evens only) A total of 212 letters were sent to neighbouring properties. 76 letters of objection have been received and one letter of support from local residents. The letter of support raises that people will use public transport to access the proposed place of worship. The letters that raise objection are regarding: - The impact that the proposed change of use would have on the character of the area. - Highway safety and access to the site. - The impact upon traffic and congestion in and around the area. - Potential parking issues in and around the area. - The need for another place of worship? (137)

7 - Noise implications as a result of the proposed change of use. - The inclusion of a mortuary and cold room within the building. - Emergency service access to the nearby roads and area. - Alleged potential violence, anti-social behaviour and crime that the use may bring. - Potential for future extensions. - The impact on property values. - The impact of the proposed change of use on the setting of nearby listed buildings. - The impact on neighbouring amenity. 4.7 Highway Engineer: No objections. I have looked through the plans and visited the site. I note that the building will be configured so that the public areas will be to the ground floor (339m²) with a two bedroom residential unit on the first floor. Under the council s parking standards the ground floor use as a community hall / place of worship has a maximum parking requirement of 16 car parking spaces (1 space per 22m² in zone 3). Taking the floor area for the whole building (460m²) the parking requirement for D1 use is 21 spaces. The applicant has stated that the number of parking spaces will be 48. There is no plan showing these as being marked out and some changes to the existing layout will be required to bring the number up to this level. The applicant has stated that the hall will be used for a maximum of 200 for special occasions. It could therefore be argued that in this case the council s parking standards are not appropriate. I would therefore refer you to the Highways comments made for application 08/00745/FUL. This particular application (which was an extension to the Christian centre on Oldbrook) raised the congregation capacity to 650. Parking for this consisted of 104 on-site along with 118 provided off-site. This represents approximately 1 space per 6 of the congregation (on-site parking) and 1 space per 3 of the congregation (on-site plus off-site). We have been working on revised parking standards for non-residential uses but these are not adopted so little weight can be attached to these as a stand alone document. The figure we are working towards within this is a maximum of 1 per 4 of the congregation; minimum 1 per 5 of the congregation. This level perhaps provides a more realistic figure of the actual usage of places of worship (that is one based on capacity rather than the existing standard which is floor area based). Using these represents a maximum requirement of 50 spaces and minimum of 40 spaces. In summary, the site more than meets the council s parking standards for D1 use. The site is also consistent with the figure of 1 per 4 to 1 per 5 of the congregation size although as stated this is not an adopted standard that weight could be attached to it. The site is also broadly consistent (138)

8 with the level of parking approved with the Oldbrook Christian centre application. I therefore have no objections to planning permission being granted subject to the following conditions: 1. Notwithstanding details on the submitted plans no part of the building shall be used for a place of worship until details of the parking layout have been submitted and approved in writing by the local planning authority and thereafter the parking spaces shall be marked out in accordance with the approved details and not used for any other purpose. Reason: to enable vehicles to draw off, park and turn clear of the highway to minimise danger, obstruction and inconvenience to users of the adjoining highway. In order to prevent the residential unit being converted to use as additional place of worship / community rooms which would attract additional visitors to the building it would be prudent to attach a condition that the first floor can only be used for residential unless there has been prior written authorisation from the planning authority. I am aware that there are concerns with this change of use regarding pedestrian safety and access. While I accept that the accesses are not in ideal locations, these are existing and I have no justification that they will represent a higher risk to road safety than if the use was a public house. Pedestrian access is provided with strategically placed crossing points and lengths of guard rails are present to prevent crossing at inappropriate locations on what may be a normal desire lines. With other church and community facilities in the vicinity it would be difficult to justify that this is an inappropriate location. 5.0 CONSIDERATIONS (The analysis of the issues which are critical, material, considerations and/or of greatest concern to objectors for the Committee to weigh up before making a decision) 5.1 This application is for a change of use from public house (use class A4) to a place of worship (use class D1) and the applicant has specified that the place of worship would be a Mosque. The applicant currently operates a Mosque in Duncombe Street and although this is a permanent site, an alternative suitable site for a Mosque is sought. 5.2 The main use of a Mosque is as a place where people pray and memorise the Qur'an. Salat or prayer is performed five times daily between sunrise and sunset, although this need not be done at the Mosque and is often done privately at home. The Mosque would be a place with many functions associated with prayer and teaching. The applicant has advised that routinely the Mosque is visited by approximately 10 to 20 people daily, with the main weekly congregation taking place at lunchtime on a Friday. This would last approximately 2 hours starting at around 12:00. The applicant advises that other than Friday s, the only time there would be large congregations is at times of (139)

9 religious festivals. The applicant advises that such occasions are attended by a maximum of 200 people although their arrival time would vary as they do not arrive en masse. The applicant states that the building would not be used for weddings. There is a classroom area within the Mosque and the applicant has advised that the classroom would be used Monday Friday from 5 7pm and would have approximately 30 students. These students are in addition to the approximate people that are expected daily. 5.3 There are other Mosques within Bletchley and it is not proposed to close the Mosque in Duncombe Street, however within the Muslim faith there is a need for different groups and communities to have their own Mosque and hence the need for the one in this location off Manor Road. 5.4 Saved policy C1 of the Milton Keynes Local Plan states that planning permission will be granted for non-residential community facilities within, or adjacent to Central Milton Keynes, town, district and local centres. The application site is not within or adjacent to CMK, a town, district or local centre and therefore not suitable for the proposed use. However, there are several examples of places of worship that have been granted outside of these centres previously and, as this site is fairly accessible, it is considered that this proposed community facility would be suitable in this location. 5.5 Saved policy C2 of the Milton Keynes Local Plan states that planning permission will be refused for proposals that involve the loss of an existing community facility or the loss of a site allocated for such a purpose unless there is no longer a need for the facility for any type of community use, or an acceptable alternative facility can be provided elsewhere. The existing use of the site is as a public house (use class A4) which is generally considered to be a community facility (although it is in a different use class); however the building is currently unused and vacant. The proposed change of use would replace the existing community facility with a new community facility which would bring the building back into use whilst meeting the needs of the local community. Therefore it is considered that the proposed change of use would not be contrary to policy C The application does not propose any external alterations to the building and the existing footprint would not be altered. It is considered that the visual impact on the character of the area would be negligible, given it is a change of use with no external alterations, and the proposal is therefore considered to be acceptable. It is considered that the proposal would be in compliance with the design/appearance elements of saved policies D1 and D2 of the Milton Keynes Local Plan. 5.7 The Conservation Officer was consulted on the proposal given that there are listed buildings near to the application site and the impact of the proposal on the setting of such listed buildings should be considered. The Conservation Officer considers that there would be no (140)

10 harm caused to the setting of the nearby listed buildings and has no objections to the proposed change of use. As previously mentioned in para. 5.6, there are no proposed external alterations, also the existing use is that of a public house. It is considered that the proposal would not adversely affect the setting of the nearby listed buildings and would not be contrary to saved policy HE5 of the Milton Keynes Local Plan. 5.8 The development would lead to some impact upon the amenities of nearby residents within and around the area of the Mosque. However the issue to be considered is whether or not the level of activity generated by the use would create significant harm to neighbouring amenities. 5.9 The application site is in a predominantly residential area with residential properties to the north and south east of the site. There is however a minimum gap of approximately 21 metres from the side elevations of the application building and the side elevations of the nearest neighbouring properties. This gap would be retained as the application is not proposing any external changes or increasing the footprint of the building It is difficult to establish the exact numbers attending the Mosque, in particular during festivals. However, the applicant advises that visitors to the Mosque would arrive over a period of time rather than en masse. It is also considered that some noise would be generated by the prayer activity and further information was requested from the applicant for the exact detail of sound systems and music from the premises. This information has been received and the applicant states that the sound system used would be an internal PA system and there would be no external speakers. The call to prayer would also be internal as an internet service would be provided whereby locals can log in and listen to proceedings at home if they are unable to attend the place of worship A condition has been recommended regarding a noise management plan to demonstrate how the noise breakout from the building (including from any loud amplified music) would be controlled to limit the disturbance to adjoining occupiers and this is included in the recommendation. The details of any plan would be agreed in consultation with the Council s acoustic specialists within the Environmental Health Team The comments of the Council's Highway Engineer set out above in para. 4.7 address the merits of this proposal and it is not considered appropriate to repeat them in this section of the report. The floor area for the whole building is 460m² and the parking requirement for D1 use for this area in this location is 21 spaces. The applicant states that 48 parking spaces can be provided; therefore the site meets the council s parking standards for D1 use. The Highway Engineer has no objections subject to a condition regarding additional details of a parking plan. (141)

11 The proposed change of use would be acceptable in terms of saved policy T15 of the Milton Keynes Local Plan It should also be noted that the proposed level of car parking is in line with draft revised standards. As noted by the Highway Engineer these revised standards are at an early stage of development and can only be given very little weight in the determination of this application Concerns have been raised by residents regarding the proposed change of use and the impact upon pedestrian safety and access. The Highway Engineer commented that the existing accesses are not in ideal locations; however, he comments that he has no justification that they will represent a higher risk to road safety than if the use was a public house. He comments that pedestrian access is provided with strategically placed crossing points and lengths of guard rails are present to prevent crossing at inappropriate locations on what may be a normal desire lines. In addition, with other places of worship and community facilities in the vicinity it would be difficult to justify that this is an inappropriate location and I agree with the Highway Engineers assessment Local residents have raised concern regarding the proposed mortuary and cold room within the building. The proposed mortuary/cold room would be ancillary to the use as a religious building and the storage of bodies is in accordance with Islamic customs and practice. In accordance with Islamic custom and practice, bodies are usually cleaned and then buried quickly therefore the storage of bodies is very short term. There are many funeral directors and chapels of rest located in residential areas and it is not considered that the inclusion of a mortuary/cold room within a place of worship is inappropriate unacceptable nor would it generate significant additional activities to the site Neighbouring residents have raised concern regarding potential future extensions to the building. However the current application proposes a change of use with no external alterations and should be assessed as submitted. If in the future an application is received for extensions then this would be assessed on its merit It is recommended that a condition is placed on the application that the flat at first floor (Priest s accommodation) remains ancillary to the D1 use to protect the surrounding area and neighbouring amenity and to ensure that the impact of any proposal to use this area for other is properly assessed. This has been included in the recommendation. 6.0 CONCLUSIONS (The officer advice to the Development Control Committee on the appropriate decision, based on the policies of the Development Plan, taking into account the issues detailed in the report) 6.1 The issues raised by the application are both complex and sensitive. (142)

12 Deciding what weight to attach to the various factors involved is not straightforward as the place of worship provides an important facility for the local community, while on the other hand the use of the building as a place of worship does cause some disturbance upon the nearby area. However it is considered that this disturbance is over a relatively short period of time and would not be so significant to the general amenities of the area to warrant a refusal of this application. Therefore on balance, it is recommended that planning permission be granted subject to the conditions set out below. 7.0 CONDITIONS (The conditions that need to be imposed on any planning permission for this development to ensure that the development is satisfactory. To meet legal requirements all conditions must be Necessary, Relevant, Enforceable, Precise and Reasonable ) 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To prevent the accumulation of planning permissions; to enable the Local Planning Authority to review the suitability of the development in the light of altered circumstances; and to comply with section 51 of the Planning and Compulsory Purchase Act (D11) 2. Prior to the initial occupation of the development hereby permitted, a noise management plan which demonstrates how noise breakout from the building (including from loud amplified music) will be controlled shall be submitted to and approved in writing by the Local Planning Authority. The use of the building shall be in accordance with the approved management plan unless otherwise agreed in writing by the Local Planning Authority. Reason: To limit the detrimental effect on adjoining occupiers by reason of noise and disturbance. 3. The area of the building used for a place of worship (Use Class D1) shall be limited to that shown on Drawing Number TP/10/101 (received on 11/11/2010) and the use hereby permitted shall not extend into any other part of the premises without the prior written permission of the Local Planning Authority. The area of the building shown as "Priest's accommodation" on Drawing Number TP/10/101 shall remain ancillary to the main D1 Use and shall be used as a two bedroom flat and for no other purpose whatsoever without the prior written permission of the Local Planning Authority. Reason: Using the building completely for D1 use may result in inadequate parking, access and vehicle movement within the site and would therefore be contrary to policies T15 and D1 of the Milton Keynes Local Plan Notwithstanding details on the submitted plans no part of the building shall be used for a place of worship until details of the parking layout, including the means of marking out spaces have been submitted and approved in writing by the local planning authority and thereafter the parking spaces shall be laid out in accordance with the approved details before the (143)

13 building is brought in to use and shall not thereafter be used for any other purpose. Reason: to enable vehicles to draw off, park and turn clear of the highway to minimise danger, obstruction and inconvenience to users of the adjoining highway. (144)

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