Merton Council
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PLANNING APPLICATIONS COMMITTEE 14 February 2013 Item No: 08 UPRN APPLICATION NO. DATE VALID 12/P3265 26/10/2012 Address: 10 Lyon Road, South Wimbledon, SW19 2RL Ward: Abbey Proposal: Change of use of the existing building [1942 square metres] from general industrial use [Use Class B2] and storage and distribution use [Use Class B8] to provide a Hindu Cultural Centre [Use Class D1]., comprising a prayer hall/temple, elderly day care centre, youth centre, restaurant and ancillary residential use in the form of 15 individual 'priest rest rooms' Drawing No’s: 8429-PP-50C [site location plan and existing plans]; 8429-PP-51E [existing elevations and proposed plans and sections]; 8429-PP-52; ‘Site Location’ Plan 1:1250; Site Context Plan; statement from agent dated 23 January 2013; Transport Assessment; Draft Framework Travel Plan; and Planning Statement [with appendices A to I]. Contact Officer: Tony Ryan [020 8545 3114] RECOMMENDATION: REFUSE PLANNING PERMISSION. CHECKLIST INFORMATION. S106: N/A Is an Environmental Statement required: No Has an Environmental Impact Assessment been submitted: No Press notice: Yes [departure notice] Site notice: Yes Design Review Panel consulted: No Number of neighbours consulted: 143 External consultations: Environment Agency Public Transport Accessibility Level: 2 [TFL Planning Information Database] Density: N/A Number of jobs created: 14 jobs provided by previous occupier, with the current proposal providing a mixture of 30 full and part time jobs. 181 1. INTRODUCTION 1.1 This application is brought before the Planning Application’s Committee due to the level of interest in this proposal and as it represents a departure from the adopted development plan. Departure from the adopted development plan 1.2 Section 38[6] of the Planning and Compulsory Purchase Act 2004 requires decisions on planning applications to be made in accordance with the development plan, unless material considerations indicate otherwise. 1.3 The National Planning Policy Framework [NPPF] published in March 2012 reaffirms the status of the development plan as the starting point for making decisions on planning applications. The NPPF advises “Proposed development that accords with an up-to-date Local Plan should be approved, and proposed development that conflicts should be refused unless other material considerations indicate otherwise”. 1.4 The adopted development plan in place for the borough includes the Unitary Development Plan [October 2003], the Core Strategy [July 2011] and the London Plan [July 2011]. The application site and the surrounding Morden Road Factory Estate are designated as an industrial area in the adopted Unitary Development Plan [policy E3]. 1.5 The Morden Road Factory Estate is designated as a ‘Strategic Industrial Location’ and ‘Preferred Industrial Location’ in the adopted London Plan [2011]. The London Plan advises that ‘Preferred Industrial Locations’ are considered particularly suitable for general industrial, light industrial, storage and distribution, waste management, recycling, some transport related functions, utilities, wholesale markets and other industrial related activities. 1.6 The Council’s adopted Core Strategy [policy CS12] seeks to ‘protect’ and ‘manage’ the designated Strategic Industrial Locations to ensure that they contribute towards ‘business, industrial, storage and distribution functions’. Policy 2.17 of the London Plan considers ‘Strategic Industrial Locations’ specifically stating that development proposals in ‘Strategic Industrial Locations’ should be refused planning permission unless they comprise general industrial uses, light industrial uses, storage and distribution, waste management, recycling, some transport related functions, utilities, wholesale markets or other industrial related activities. 1.7 The current application proposes the introduction of a non-industrial use into this designated industrial area, ‘Strategic Industrial Location’, and ‘Preferred Industrial Location’ and therefore the proposal represents a ‘departure’ from the development plan. The planning considerations section of this report consider the planning policy background and whether in line with Section 38[6] of the Planning and Compulsory Purchase Act 2004 whether there are ‘material 182 considerations’ present in this case that would justify a departure from the adopted development plan. 2. SITE AND SURROUNDINGS 2.1 The detached brick application building currently provides a total of 1,942 square metres of employment floor space. This floor space includes an open plan workshop/warehouse area covering 1,252 square metres at the rear of the building; this part of the building has a pitched roof and high internal ceiling levels. A two-storey linked office building with a flat roof fronting Lyon Road provides 513 square metres of ancillary office floor space. A mezzanine floor of 177 square metres is provided over part of the workshop/ warehouse floor space. 2.2 A secure external yard within the site covers 635 square metres with two vehicular access points on to Lyon Road. At the time of the case officer’s site visit; the external yard was being used for the storage of commercial vehicles linked to a nearby demolition business. A single storey detached building to the rear of the main building provides a compressor. 2.3 The application building was occupied until May 2012 by Octanorm UK limited, which manufactured retail storage and display systems. The applicant has confirmed that application building has been vacant since May 2012 [Planning Statement paragraph 6.4]. 2.4 The area surrounding the application site is industrial in character with commercial buildings providing a mix of B1, B2 and B8 uses. A pedestrian gate in the rear boundary of the application site, and an unmade footpath provide access through a wooded area at the rear of the application site. This footpath links up with a public footpath that runs to the rear of the application site and other buildings in Lyon Road. The River Wandle runs parallel to this public footpath with a footbridge providing access across the River Wandle to the Merton Abbey Mills complex. The Merton Abbey Mills complex includes three and four storey residential blocks next to the River Wandle and other commercial uses. 2.5 The application site is located on the east side of Lyon Road adjacent to the vehicle turning area at the end of this cul-de-sac. This turning area, that has parking and waiting restrictions and is marked with a ‘yellow box’, is designed to facilitate the manoeuvring of larger vehicles accessing this industrial estate. With double yellow line parking restrictions and entrances to adjacent industrial premises there is very limited on street parking available in this area. The site has a low Public Transportation Accessibility Level [PTAL] of 2/3 [where 1a represents the least accessible areas and 6b the most accessible]. The application site is not located in a Controlled Parking Zone. 2.6 The site is not located in an area at risk from flooding or a conservation area and there are no protected trees on the site. The land at the rear 183 of the site is within Wandle Valley Conservation Area, Colliers Wood Urban Centre and designated as a Green Corridor, as a Site of Importance for Nature Conservation, Green Chain and a Leisure Walking Route and Metropolitan Open Land. 3 CURRENT PROPOSAL 3.1 The proposed Hindu Cultural Centre, run by the Sivayogam Trust previously occupied a three-storey building at 180-186 Upper Tooting Road in the London Borough of Wandsworth. This building in a town centre location was occupied for 16 years and provided floor space of 3,579 square metres. 3.2 The Sivayogam Trust were evicted from these premises on the 22 May 2012. The cultural centre is currently using temporary premises at 2A Elmwood Road in the London Borough of Croydon. The applicant has stated that the Hindu Cultural Centre serves a geographical area covering Merton, Croydon, Tooting, Mitcham, Bromley and Wandsworth. 3.3 The current application involves the change in the use of the existing building from this general industrial/storage use [Planning use classes B2 and B8] to provide a Hindu Cultural Centre [Planning use class D1]. A large section of the ground floor of the building will be used as an open plan prayer hall and temple space to host the faith’s festivals and celebrations. 3.4 The cultural centre aims to provide a centre to promote and popularise Hindu Culture, Hindu Religious Education and Carnative Music [vocal and instrumental, Indian dance, drama and literature]. Other areas of the ground floor provide a dining space and multi purpose space, a day care facility for the elderly and children, a restaurant, a storage area and toilets. 3.5 The submitted plans show the existing first floor office floor space converted into residential accommodation with fifteen priest rooms with shared toilet and shower facilities. The applicant has confirmed that the proposal does not include any external alterations apart from the insertion of new roof lights above the proposed first floor residential accommodation. It is highlighted that the south and north elevation drawings submitted with the planning application are inaccurate in terms of the location of existing windows. 3.6 The information submitted with the planning application shows that the use will employ between 25 to 30 staff, including nine priests, security staff, cooks, waiters, musicians and receptionists. 3.7 The use is intended to operate 7 days a week throughout the year between 0800hrs and 2130hrs, however the applicant states that the youth centre may stay open later until 2200hrs [planning statement Appendix B]. The applicant has stated that the youth centre ‘may 184 accommodate about 20 to start with’ and the day care for the elderly 30 people “…on each week day to start with; aged 65 yrs and over”. 3.8 A Pooja is a religious ritual performed by Hindus as an offering to various deities, distinguished persons, or special guests. It is intended that Pooja’s will take place at the centre, seven days a week throughout the year at 0900hrs, 1200hrs and 1930hrs.