Agenda item

Change of use from town hall (Class B1) to church (Class D1) and construct single/two storey rear/side extensions, including alterations, following demolition of detached garages

Broxtowe Borough Council, Town Hall, Foster Avenue, Beeston, NG9 1AB

Change of use from town hall (class B1) to church (class D1) and construct single/two storey rear/side extensions, including alterations, following demolition of detached garages

Broxtowe Borough Council, Town Hall, Foster Avenue, Beeston,NG9 1AB

 

Having declared an interest in the item Councillor D K Watts left the meeting for the item prior to discussion or voting thereon. Councillor J W McGrath took the Chair.

 

The application, brought to the Committee as the Council is the owner of the site, was to change the use of the building from a town hall to a church and to construct single and two storey side and rear extensions and external alterations including alterations to the front ground floor windows.

 

Members were asked to consider the late items for the application which included twelve representations, eleven of which were objections and one of which made observations about the restriction of access between Devonshire Avenue and Foster Avenue. A further objection was received from the Beeston and District Civic Society whilst comments were considered from the Environmental Health Officer and an email from the agent.

 

Mr Richard Hill (objecting) addressed the Committee prior to the general debate.

 

Members debated the application and the following comments were amongst those noted:

 

·       There were community cohesion issues and the changes to the street scene should not be taken lightly.

·       The maximum return for the Council would have been to flatten the building. The application would allow for investment into the building and the retention of community use.

·       This was an iconic building which should be kept within the community.

·       The issue was not about the use of the building as a church, but there were concerns over the proposed look of the front of the building. There was merit in preserving its appearance.

·       The application was a vast improvement on the existing building.

 

RESOLVED that planning permission be granted subject to the following conditions:

 

1.               The development hereby permitted shall be commenced before the expiration of three years beginning with the date of this permission.

 

2.               The development hereby permitted shall be carried out in accordance with drawings numbered RHA1832-0100 received by the Local Planning Authority on 18 April 2019; RHA1832-0110d, RHA1832-0111a, RHA1832-0112c, RHA1832-0114d, RHA1832-0115c, RHA1832-0120e, RHA1832-0122f, RHA1832-0123e, RHA1832-0124e and RHA1832-0126c received by the Local Planning Authority on 16 September 2019 and RHA1832-0113e, RHA1832-0116d, RHA1832-0117d, RHA1832-0121h and RHA1832-0127 received by the Local Planning Authority on 20 September 2019.

 

3.               No development above slab level shall commence until samples of the proposed external facing materials have been submitted to and agreed in writing by the Local Planning Authority and the development shall be constructed only in accordance with the agreed details.

 

4.               No alterations to the front ground floor windows shall take place until detailed drawings of the proposed doors/elongated windows have been submitted to and agreed in writing by the Local Planning Authority.  The alterations shall be undertaken in accordance with the agreed details.

 

5.               No boundary treatment or gate shall be erected/installed until detailed drawings and proposed materials of the proposed treatment/gate have been submitted to and agreed in writing by the Local Planning Authority.  The boundary treatments and gates shall be constructed/installed in accordance with the agreed details.

 

6.               No ventilation and/or filtration equipment shall be installed unless details have first been submitted to and approved in writing by the Local Planning Authority. Any equipment shall be in full working order prior to the use commencing.  The equipment shall be effectively operated and maintained in accordance with manufacturer’s instructions for as long as the proposed use continues. 

 

7.               No demolition shall take place unless and until details of a scheme to minimise the effects of dust created by works on site has been submitted to and approved in writing by the Local Planning Authority.  The demolition/construction shall take place in accordance with the agreed scheme.

 

8.               No fixed plant, machinery or equipment, including any PA system, shall be installed within the site until a noise report, including details of the acoustic specification of such fixed plant, machinery or equipment has been submitted to and agreed in writing by the Local Planning Authority. The plant/machinery/equipment shall be installed in accordance with the agreed details and thereafter maintained in the agreed form for the lifetime of the development.

 

9.               The development shall not be first occupied unless and until a plan to show the parking spaces indicated on drawing number RHA1832-0112c has been submitted to and agreed in writing by the Local Planning Authority and the agreed parking spaces have been marked out and thereafter shall be retained for the lifetime of the development and used for no other purpose than parking.

 

10.           The development shall not be first occupied unless and until the cycle shelters/racks shown on drawing number RHA1832-0112c have been provided in accordance with details which shall first have been submitted to and approved in writing by the Local Planning Authority and thereafter shall be retained for the lifetime of the development.

 

11.           No demolition, construction or site preparation work in association with this permission shall be undertaken outside the hours of 07:30-18.00 Monday to Friday, 08:00-13:00 on Saturdays and at no time on Sundays or Bank Holidays. 

 

12.           The premises shall not be used except between 08.00-22.00 hours Monday to Saturday and 09.00-21.00 on Sundays, Bank Holidays and other public holidays.

 

13.           The rating level resulting from the cumulative use of any plant, machinery or equipment shall not exceed the existing background level when measured according to British Standard BS4142:2014, at a point one metre external to the nearest noise sensitive receptor.

 

14.           Notwithstanding the provisions of Schedule 2 Part 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification), this permission shall relate solely to the use of these premises as a church and not for any other use falling within Class D1 of the Town and Country Planning (Use Classes) Order 1987 (as amended).

 

Reasons

 

1.               To comply with S91 of the Town and Country Planning Act 1990 as amended by S51 of the Planning and Compulsory Purchase Act 2004.

 

2.               For the avoidance of doubt.

 

3.               To ensure a matching brick is used and in the interests of the appearance of the development and the adjacent Conservation Area as high quality materials need to be used and in accordance with the aims of Policy 11 of the Aligned Core Strategy and Policy 23 of the Draft Part 2 Local Plan.

 

4.               To ensure appropriate detailing and materials are used and in accordance with the aims of Policy 11 of the Aligned Core Strategy and Policy 23 of the Draft Part 2 Local Plan.

 

5.               To ensure appropriate detailing and materials are used and in accordance with the aims of Policy 11 of the Aligned Core Strategy and Policy 23 of the Draft Part 2 Local Plan.

 

6.               To suppress and disperse odour created from food preparation operations in order to protect nearby residents from excessive odour and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

7.               To protect nearby occupants from excessive dust and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

8.               To protect nearby occupants from excessive operational noise and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

9.               In the interests of highway safety to ensure some parking is provided and retained on site and in accordance with the aims of Policy 17 of the Draft Part 2 Local Plan.

 

10.           To encourage alternative modes of transport to the car and to ensure cycle parking is provided and retained on site and in accordance with the aims of Policy 17 of the Draft Part 2 Local Plan.

 

11.           To protect nearby occupants from excessive construction noise and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

12.           In the interests of the amenities of nearby residents and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

13.           To protect nearby occupants from excessive operational noise and in accordance with the aims of Policy 10 of the Broxtowe Aligned Core Strategy (2014).

 

14.           Alternative uses that might otherwise be permitted within Class D1 would be likely to generate more demand for parking and accordingly would be contrary to Policy T11 of the Local Plan (2004).

 

Notes to Applicant

 

1.               The Council has acted positively and proactively in the determination of this application by working to determine it within the agreed determination timescale.

 

2.               Suitable sanitary provision in line with the current British Standard 6465 will need to be made.

 

(Having declared an interest in the item Councillor J C Patrick left the meeting for the item prior to the vote thereon.)