Committee Date: 19/12/2013 Application Number: 2013/03137/PA Accepted: 09/07/2013 Application Type: Full Planning Target Date: 03/09/2013 Ward: Springfield

299 Reddings Lane, Tyseley, , B11 3DD

Retention of use of premises as a prayer facility in conjunction with use as a madrassah and retention of rear extension. Variation of condition 5 attached to 2008/00235/PA to allow a maximum of 30 children at any one time within the madrassah that operates on the ground floor. Applicant: Jamia Islamia Rizvia Zia-ul-Eiman 11 Runnymede Road, , Birmingham, B11 3BN Agent: Umer Surveys 469B Coventry Road, , Birmingham, B10 0TJ Recommendation Approve Subject To Conditions

1. Proposal

1.1. Planning permission is sought for the continued use of ground floor outbuildings as a mosque in conjunction with the existing lawful use of the ground floor (original building) as a madrassa and retention of a rear extension.

1.2 The application site is a 2 storey Victorian end terrace. The ground floor is used for Islamic religious instruction (granted permanent consent under 2008/00235/PA for 15 students and 1 member of staff between 1630 and 1900 hours Monday to Saturday). This use has continued since 2008 but has intensified; the current application seeks approval for a maximum of 30 children at any one time (15 girls, 15 boys) between 1600 and 1800 Monday to Saturday. The drawings have been annotated to show that a maximum of 20 children could be accommodated within the classroom and so the additional 10 must be accommodated within the recent extensions. Condition 5 of the previous approval stipulated that the madrassah should only operate from the ground floor lounge of the premises; consent is also sought therefore to allow operation of the madrassah from the newly created prayer areas in addition to the lounge area.

1.3 Extensions have been constructed to provide additional floor space to accommodate a mosque. This in conjunction with the converted rear outbuilding covers the entire rear garden space of the property to provide approximately 93 sqm of floor space. The first section (alongside the kitchen and bathroom) is used to store shoes and serves also as an ablution area. The full width extension and former store room is used for prayer purposes and fitted with prayer mats and speakers.

1.4 The extensions are constructed from breeze block and clad with UPVC panels. High level windows fitted with opaque glass (1.6 m from the ground) light the main prayer area and ablution area. Similar high level opaque windows also exist along the

Page 1 of 9 eastern elevation (along the boundary with 301 Reddings Lane). The extensions measure 5.4 m wide (max) x 28 m long (max) x 2.8 m high (for the infill extension) and 3.4 m high for the converted outbuilding (both with flat roofs).

1.5 The applicant advises that the mosque operates a 2 prayer session system on Friday which would accommodate approximately 40-50 people in the first session and then 25-30 in the following session. Friday prayer takes place between 1.45 and 2.30 pm.

1.6 In addition to Friday prayers the agent has provided the following information regarding prayer times and attendance:

Summer Winter Attendance Fajr (dawn to sunrise) 0330-0430 0630-0730 7 Zuhar (mid afternoon) 1330-1430 1230-1330 10 Asr (afternoon to dusk) 1900-2000 1500-1600 9 Maghrib(after dusk) 2100-2200 1600-1800 13 Isha (night to midnight) 2215-2300 1800-1930 12 Jummah (Friday pm) 1330-1430 1230-1330 50+

1.7 The Design and Access statement states that adult education classes for ladies are also proposed once a week between 1000 and 1400 hours, but the day has not been stipulated.

1.8 The first floor flat will continue to be used by the Imam and his family for residential purposes.

1.9 No on street parking provision is made but the supporting information advises that 95% of people attending the premises walk.

Ground floor Layout

Site Location Plan

2 Site & Surroundings

2.1 The application site comprises a Victorian end terrace property which is one of 6 within the block. The remainder of the block is entirely within residential use. 315 Reddings Lane, another end of terrace unit is currently being used as a day nursery; the remaining units within that block are residential. Whilst the character of the area is predominantly residential (with housing directly to the east and north, and some way away to the west) St Edmunds Church is located directly adjacent to the site to the west, a community centre to the south and to the north-west is the Al-Furqan Primary School. Greet Recreation Ground is directly opposite the site. Parking is un- restricted on both sides of Reddings Lane within the vicinity of the site.

Site Location Plan

Street View

3 Planning History

3.1 7/3/2008. 2008/00235/PA – permanent permission to use the ground floor as a madrassa for up to 15 students and 1 member of staff, between 1630 and 1900 Mon- Saturday – approved.

Page 2 of 9 3.2 9/2/2007. 2006/06327/PA – change of use of part of the ground floor to madrassa and retention of remainder of property for residential purposes – approved for a temporary 1 year period.

3.3 Enforcement History

3.4 2012/1155/ENF – Erection of rear extension (joining dwelling to outbuilding). Erection of side infill extension, use as the property as a mosque and incorporation of public land into the curtilage of the property. Before an enforcement notice could be drafted, the agent submitted the current application. Any enforcement action is therefore held in abeyance pending the outcome of this application.

4 Consultation/PP Responses

4.1 Local residents, Ward Councillors and Residents Associations notified. The response was as follows:

4.2 3 letters of objection from local residents and the Vicar of St Edmunds Church who object on the following grounds:

• Extensions are out of character and visually unacceptable • Noise and disturbance created by people coming and going to and from the premises. • Parking problems and congestion as a result and people parking indiscriminately and illegally

4.3 45 individual letters of support have been received from local residents who use the premises. Cllr Rehman supports the proposals and points out that most people attending the premises are local and walk there.

4.4 Transportation – no objection subject to the imposition of conditions requiring cycle stores, restriction of worshippers to 50 and that the mosque affiliates to the Community Travel wise scheme.

4.5 Regulatory Services – Are concerned about the proposals and will only recommend approval if conditions are imposed requiring a maximum of 7 worshippers for early morning and late evening prayer (applicable to the summer months) and that the premises be noise insulated. If these conditions cannot be imposed, then refusal is recommended due to the adverse impact (noise and disturbance) on residential amenity.

4.6 Police – share local concern regarding implications for on-street parking and congestion.

4.7 West Midlands Fire Service – no objection.

5 Policy Context

5.1 National Planning Policy: • National Planning Policy Framework.

5.2 Local Planning Policy: • Adopted UDP (2005); • Draft Birmingham Development Plan;

Page 3 of 9 • Car Parking Guidelines – SPD. • Places of Worship and Faith Related Education and Community Uses SPD • 45 degree Code SPG

6 Planning Considerations

6.1 Policy Context

6.2 The NPPF states the government’s presumption in favour of sustainable development, outlining the three dimensions of sustainable development which are economic, social and environmental. The UDP requires that any new proposals shall protect or enhance what is good in the City’s environment and improve what is less good. Proposals which would have an adverse effect on the quality of the built environment will not normally be allowed

6.3 The Places for Worship and Faith Related Educational Uses SPD states at paragraph 1.2 that a Place of Worship is defined as an establishment or location where people gather to perform honour and devotion. Paragraphs 5.2.1- 5.22 discuss the Government’s sequential approach to town centre uses that was advocated within PPS4 (but carried through to the NPPF). Paragraph 5.23 specifically states “as a general rule, because of the likelihood of adverse impact from noise and disturbance and traffic problems, predominantly residential areas are not suitable for places of worship if they attract large numbers of people”

6.4 Paragraph 5.25 states that “the preferable location for places of worship serving purely a 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 Although the site is not within a local centre or a commercial parade, the area in which it is located could be described as mixed. The site is immediately adjoined to the north by St Edmund’s Church and a community centre and Al-Furqan primary school are located opposite the site on either side of Formans Road; Greet recreation ground is also located opposite. In this instance, therefore, the location of the mosque could be considered acceptable as it is situated within a non residential ‘cluster’.

6.6 RESIDENTIAL AMENITY

6.7 The un-authorised extensions and use as the premises as a mosque were drawn to the attention of the Local Planning Authority as a result of an enforcement complaint. It is likely therefore that there is some impact upon residential amenity. Regulatory Services will only support the continued use as a mosque for the hours proposed if the numbers of worshippers attending the site at sensitive times (ie early morning and late at night) are restricted to 7, and that the site be sound insulated to reduce the transmission of noise through the walls to 301 Reddings Lane. I consider that such an approach would not meet the tests of the circular that requires conditions to be reasonable and enforceable (as well as relevant, necessary and precise). In my view, the application site should be capable of meeting the whole needs of the use. I consider that to restrict the numbers of worshippers for early and late prayer would not be acceptable to the mosque, and not easily enforceable. I do however consider that the property could only hold a maximum of 50 at any one time in any event.

Page 4 of 9

6.8 I also have concerns about the imposition of a condition requiring sound insulation. Whilst this is reasonable, the previous consent for use of the ground floor of the premises for a madrassa required the premises to be sound proofed. The agent has confirmed that this has never been undertaken. My view is therefore, that there is little real prospect of noise insulation being carried out in the future. In addition to this, the next door neighbour advises that he has only on very rare occasions been able to hear noise from within the premises. His main concerns relate to noise and disturbance created by people coming and going outside of the premises, although this does not cause him too many problems as he is at work during the day when the mosque is at its busiest.

6.8 Regulatory Services consider that should the recommended conditions not be imposed then refusal should result due to the adverse impact on residential amenity. However, due to the factors outlined above, namely location and the low intensity of use (in terms of total numbers of people attending the mosque and madrassa and the fact that the majority of people attend on foot) I disagree with this view, and consider that in this particular case the use of an end terrace premises, located immediately adjacent to a church within a “cluster” of non residential uses is on balance acceptable.

6.9 I consider the increase in numbers of children attending the madrassa, particularly between the hours of 1600 and 1800, which is a reduction in the hours permitted by the previous consent (which was until 1900) to be acceptable. Regulatory Services raise no objection to this element either.

6.10 The rear extensions (the infill plus the previously free standing outbuilding) project approximately 21m past the end of the rear wing of 301 Reddings Lane (which is in use as a private dwelling). There is no window on the end of the rear wing at 301, and the nearest habitable room window (serving the lounge) is on the other side of the wing. There is therefore no breach of the 45 degree code as it would not be applied in this instance as the winged design of terraced houses would mean that the 45 degree code relating to the ground floor habitable window is breached by its own wing. These extensions are built along the boundary of both properties and there is insufficient room remaining to erect any form of boundary treatment. The windows serving the prayer area are 1.6 metres above the ground level and are fitted with obscure glazing, to prevent views in or out. Whilst I consider that the physical existence of these extensions is imposing and slightly over bearing for occupiers of 301, I do not consider, in this case that a refusal on amenity grounds could be sustained at appeal; there is no overlooking or loss of privacy because of the obscure glazing and the rear extension is only 2.8 metres high. It is common for rear boundary fencing to be 1.8 metres high, and so any additional impact of the extension would be caused by the additional 1m. I do not consider that the extensions would unduly result in a loss of sunlight to the premises considering the orientation of the site, with the sun rising in the east (at the bottom of the garden) and setting in the west (front of the premises.)

6.11 HIGHWAY SAFETY

Transportation has commented as follows: “At the time of site observations on 25/10/13, it was noted that both Al-Furqan and 299 Reddings Lane were carrying out two Friday PM prayer sessions, which appeared to commence at 13.45 and shortly after 14.00 in both cases. It was observed that the 13.45 prayer time was by far the busier for both sites, with well in excess of 100 males being observed exiting Al-

Page 5 of 9 Furqan, and approx 40 males and females being observed to exit 299 Reddings Lane at the end of this session. In terms of parking demand, it was observed that approximately 5 vehicles were used by attendees of 299 Reddings Lane, whilst a very high level of vehicle attendance was observed from Al-Furqan attendees. The parking demand from Al-Furqan attendees was noted to occupy all available on- street parking on Formans Road, up to approximately the junction with Runnymede Road, plus the off-street car park of Tyseley Community Centre, where vehicles were parking in tandem arrangements and within manoeuvring aisles as well as within dedicated parking spaces. In addition, Al-Furqan attendees occupied parking spaces on Reddings Lane up to the junction with Spring Rd, parked illegally on the wide footway area of Reddings Lane between Formans Road junction and Olton Boulevard West junctions, and utilized some on-street parking on Olton Boulevard West itself. At no juncture was any unsafe or hazardous parking behaviour observed by any of the 299 Reddings Lane attendees. Of the 5 vehicles parked by attendees of 299 Reddings Lane, these were all noted to be parked south of the Reddings Lane / Formans Rd junction, with the majority parking on the western ‘park’ side of Reddings Lane in close proximity to the Spring Rd junction. Again, there is considered to be no evident detriment to highway operation from this. HGV and bus movements along Reddings Lane were noted to be unhindered at this peak worship time. It is considered that there are no evidential reasons to resist the continued use of the application site for worship purposes. Given that there is already a permanent madrassah consent for the use, and that there is an extant public worship facility opposite the site which operates at a much more intensive scale than the application site, it is considered that the smaller scale worship use of the application site results in little identifiable detriment to the safety of users of the already-congested streets in the immediate locality. The physical size of the application premises is also considered likely to be self-enforcing in terms of restricting attendance capacity.” Given Transportation’s assessment, the proposal is considered acceptable in highway safety terms.

Conclusion

7.1 I conclude that, on balance, the proposals are acceptable for the reasons set out above.

8 Recommendation

That planning permission be approved with the following conditions:

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

2 Limits the hours of use 1600 -1800 Monday to Saturday for the madrassah

3 Restricts numbers of children attending the madrassa to 30 at any one time within the ground floor of the premises.

Case Officer: Debbie Farrington

Page 6 of 9 Photo(s)

Figure 1 rear of 301 Reddings Lane

Figure 2 New Prayer Hall

Figure 3 Ablution Area

Page 7 of 9

Figure 4 - front classroom

Figure 5 Prayer Hall previously storage outbuilding

Figure 6 Frontage showing prayer times

Page 8 of 9 Location Plan

119.5m

197

267 120.4m 269

Al-Furqan Primary School

Al-Furqan Community College

TCB

209

271

273 275 219

Vicarage Vicarage 229

279

120.4m 120.4m St Edmund's Church St Edmund's Church

299

53

Community Centre

309 El Sub Sta

315

14

327

122.2m

REDDINGS LANE

339 2

NEW IMPERIAL CRES 15 11

351

RD ROAD

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 9 of 9