SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate REPORT TO CITY CENTRE SOUTH DATE 31/07/2006 AND EAST PLANNING AND HIGHWAYS AREA BOARD REPORT OF HEAD OF DEVELOPMENT SERVICES ITEM SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS SUMMARY RECOMMENDATIONS SEE RECOMMENDATIONS HEREIN THE BACKGROUND PAPERS ARE IN THE FILES IN RESPECT OF THE PLANNING APPLICATIONS NUMBERED. FINANCIAL IMPLICATIONS N/A PARAGRAPHS CLEARED BY BACKGROUND PAPERS Chris Heeley 36141 CONTACT POINT FOR ACCESS Lucy Bond TEL NO: 34556 AREA(S) AFFECTED CATEGORY OF REPORT OPEN 2 Application No. Location Page No. 05/00620/CHU 27-29 Rothay Road 6 Sheffield S4 8BD 05/04264/LBC Sheffield City Hall, Balm Green, Holly Street And 14 Barkers Pool Sheffield 05/04266/ADV Sheffield City Hall, Balm Green, Holly Street And 19 Barkers Pool Sheffield 05/04691/FUL Land At Pond Hill, Harmer Lane And 21 Sheaf Street Sheffield 05/04692/FUL Land At Pond Hill, Harmer Lane And 39 Sheaf Street Sheffield 05/04693/OUT Land At Pond Hill, Harmer Lane And 46 Sheaf Street Sheffield 06/00677/FUL Unit 3 55 45 Mowbray Street Sheffield S3 8EN 06/00627/FUL Land At Site Of 105-109 66 Clough Road Sheffield S2 4BN 06/00840/FUL Land At Young Street And 78 St Marys Gate Sheffield 3 06/00975/FUL Part Of The Old Dairy 89 Broadfield Road Sheffield S8 0XQ 06/01302/FUL Greystones Hall 99 Greystones Hall Road Sheffield S11 7BA 06/01375/LBC Greystones Hall 110 Greystones Hall Road Sheffield S11 7BA 06/01405/FUL Skye Edge 114 3 Skye Edge Avenue Sheffield S2 5FX 06/01793/FUL Land Adjacent To 2 125 Longacre Close Holbrook Sheffield 06/01575/FUL 17 Broomgrove Road 135 Sheffield S10 2LZ 06/01871/CAC 17 Broomgrove Road 148 Sheffield S10 2LZ 06/01905/CHU 39 Handsworth Road 152 Sheffield S9 4AA 06/02176/CHU 54 Howard Street 157 Sheffield S1 2LX 06/02265/FUL Meadow Farm 163 Whiteley Wood Road Sheffield S11 7TJ 4 5 SHEFFIELD CITY COUNCIL Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The City Centre South and East Planning And Highways Area Board Date Of Meeting: 31/07/2006 LIST OF PLANNING APPLICATIONS FOR DECISION OR INFORMATION *NOTE* Under the heading “Representations” a Brief Summary of Representations received up to a week before the Area Board date is given (later representations will be reported verbally). The main points only are given for ease of reference. The full letters are on the application file, which is available to members and the public and will be at the meeting. Case Number 05/00620/CHU Application Type Planning Application for Change of Use Proposal Continuation of use of part of building as a mosque (application under Section 73 to vary time limit of use imposed by Planning Inspectorate decision on planning permission 03/01738/FUL) Location 27-29 Rothay Road Sheffield S4 8BD Date Received 23/02/2005 Team CITY CENTRE AND EAST Applicant/Agent Burnell Briefcliffe Architects Recommendation Refuse with Enforcement Action Subject to: 1 The Local Planning Authority consider that owing to the location of the application site, in a densely populated residential area, the use of the upper floor of the building for the purposes of religious worship, with attendance by up to 200 people at busy times, results in excessive and haphazard on street parking, to the detriment of the free and safe flow of traffic, and to pedestrian safety on Rothay Road, Hawkshead Road, and Birdwell Road, and an inconvenience and nuisance, resulting in loss of amenity, to local residents. As such the proposal is contrary to the aims of Policy H14 of the Unitary Development Plan for Sheffield. 6 Site Location © Crown copyright. All rights reserved. 10018816. 2005 LOCATION AND PROPOSAL The application site is located at the junction of Rothay Road and Hawkshead Road, and consists of a two-storey building, with a frontage of approximately 18m, forming one half of a terrace of properties running from Hawkshead Road to Birdwell Road. Immediately adjoining the building is a terraced dwelling, with a mosque located on the corner of Rothay Road and Birdwell Road completing the terrace. The area surrounding the site is dominated by high density, terraced, residential property. 7 The ground floor of the building is currently used by the applicant as a community and training centre (The Goodwill Community Centre), under a permission granted in October, 2001(Ref.00/01306/FUL). That permission contained a condition which states that ‘Notwithstanding the terms of the Town and Country Planning (Use Classes) Order 1987 or any statutory instrument revoking and re-enacting that Order, the building shall be used solely for the use hereby permitted and shall not be used for any other purpose within Class D1, including as a prayer room or mosque, without the prior approval of the Local Planning Authority’. This condition has been the subject of a complex series of events. Despite the condition, the building was used for prayer purposes, and enforcement proceedings commenced in accordance with authority given by the Board on 8th October, 2001. Subsequently the applicant submitted an appeal against the imposition of the condition, which was due to be considered at an informal hearing in October, 2002. The applicant then withdrew the appeal just before the hearing. Following this a number of further applications, and an appeal have been considered (see Planning History below). This current application seeks a further temporary permission, to allow use of the building for prayer purposes during the hours of 0830 to 2100 hours for a further period of five years. The applicant suggested on submission of the application (March 2005) that this period was necessary to allow for the location of an alternative site, and the construction of a new mosque to allow the facility to be transferred. RELEVANT PLANNING HISTORY Planning Permission was granted in 1978 for the use of the building as a staff training centre and Co-op guild, with a condition restricting the use to ‘a staff training centre and Co-op guild…. and not for any other purpose’ (Ref. 78/6489P) Planning Permission was refused in 1990, for use of the building as offices, owing to lack of car parking. This application was subsequently allowed on appeal. (Ref.90/0630P) Planning Permission was granted for the continuation of the use of the building as a community centre in October 2001 with the imposition of the condition (no.1) referred to above, amongst others (Ref:00/01306/FUL). In October, 2003, Planning Permission was granted for a variation of the condition 1, allowing use of the building for prayer purposes between the hours of 1215 and 1415 each Friday, for a temporary period of 12 months, until 27th October, 2004 (Ref:03/01748/FUL). However, subsequently the building was used for prayer purposes beyond the hours permitted, and on days other than Fridays. Enforcement and Stop Notices were then served on 31st October, 2003 requiring the occupiers to stick to the terms of the condition in the most recent consent. The Owners appealed against the service of both notices, and following an informal hearing The Planning Inspectorate quashed the notices, and granted Planning Permission with a 8 condition that allowed use of the building for prayer purposes until 27th February, 2005 (between the hours of 0830 and 2100). The condition stated that thereafter, the use shall cease. SUMMARY OF REPRESENTATIONS Six letters of objection have been received from local residents (Rothay Road, Hawkshead Road, and Birdwell Road). The letters raise objections on the following grounds:- - parked cars block driveways, park on footways, and on top of junctions causing gridlock and preventing emergency vehicle access; - two other mosques exist close by; - noise and disturbance before and after prayers, including before 0700 and beyond 2200 hours; - the building is used beyond the permitted hours; - the use has previously been refused, and the extended period granted by The Planning Inspectorate has passed; - occupiers ignore all planning conditions/decisions and use delaying tactics; - noise keeps children awake at night; - vehicle engine noise, horns beeping causes noise and nuisance; - residents are unable to park outside their own homes, and sometimes not even on adjoining streets; - residents feel intimidated by presence of groups of people talking before and after prayer meetings, and claim to have been threatened; - parking problems cause inconvenience to residents. Councillor Peter Price has written in objection to the application, on behalf of the Community of Brightside. He states that there are constant problems of lack of parking when the mosque is in use, which causes aggravation for residents living on Rothay Road and surrounding streets. He further states that altering the hours would clash with peoples return from work times, and recommends the original conditions are retained. PLANNING ASSESSMENT Policy Issues The site is identified by the Unitary Development Plan for Sheffield as being within a Housing Area. Within such areas, community uses are an acceptable use in principle, in the terms of Policy H10. However, Policy H14 seeks to ensure that developments in Housing Areas do not lead to noise, excessive traffic levels or other nuisance for people living nearby. These matters are considered in the sections below. Impact on Residential Amenity The building lies adjacent to dwellings to the north and east, and those on the opposite side of the road are within 15m of the building. The high-density nature of the area is such that the use of the building inevitably has some impact on the 9 amenity of occupiers of neighbouring residential property. In this particular case the impact results primarily from the activities associated with arrivals at, and departures from the building.