Agenda item

To consider a report of the Chief Planning Officer on an application for change of use from public house (Class A4) to community education and training centre (Class D1).

(report attached)

Further to minute 54 of the North and East Plans Panel meeting held on 27^th August 2015, where Panel resolved not to accept the officer’s recommendation to approve an application for a change of use from public house to a community education and training centre (Class D1) at The Kiln, Brignall Garth, Members considered a further report of the Chief Planning Officer. The report included a possible reason for refusal of the application based upon Members’ previous concerns.

Members were informed that subsequent to the Plans Panel of the 27^th August 2015, a site meeting between officers and the applicant had taken place where concerns raised by Members where discussed, further information had been provided to address these concerns and this information including a timetable of proposed activities was included within the submitted report.

Members were informed that proposed changes included:

·  The removal of the paved area to the front of the premises providing car parking spaces for 10 cars, therefore a total of 21 car parking spaces were now proposed

·  The original proposal of a metal paladin fence to be removed and the proposal by the applicant for new boundary treatment around the perimeter of the site to comprise brick dwarf walls and brick piers with timber fencing in between.

·  A 1 metre deep landscape buffer was proposed behind the front boundary treatment to help soften the current environment.

The Panel was informed that the group the Ayendah Sazan was a registered charity established in 2006. The applicants were members of the Hazara community, who came to the UK in the 1999 onwards to escape persecution from the Taliban. The scheme was support by the local ward councillor and the Community Leadership Team who had received a presentation on the work of the group was satisfied with the amended proposals.

Two local residents spoke at the meeting against the application they outlined their concerns as:

• the size of the main room

• the access to the side of the building for vehicular access and the

  frequency this would be used

• noise levels

• opening hours

• possible unauthorised parking occurring on or around the premises

• the extent to which the community centre would cater for the 

  residents living close by

In response to questions from the Panel the residents explained that when the Kiln had originally opened as a public house it had been well run, a nice social meeting place used by local people. However, when it had been sold with a change of landlord the public house became a meeting place for people from outside the area and prior to its closure there had been problems with anti-social behaviour.

The Panel then heard representation on behalf of the applicant who informed them that he appreciated the concerns raised by the local residents. He said that the premises would be used as a training and educational facility to assist the Hazara community to integrate into society and assist their children with school work.

In response to questions about parking he informed the Panel that an attendant would be employed to control the parking arrangements.

The applicant said that the timetable within the submitted report was for information to show the type of courses that they would be running, the opening hours could be flexible but the opening times were to enable those who worked to attend classes and for children to attend after school. The representative said that the applicant would be open to suggestions for changes including:

·  a reduction of opening hours at weekends.

·  no more than 20 Cars on site at any one time

·  an increase in the time between classes/meetings

·  local residents would be welcome to visit the premises and to participate in the classes/meetings if they wished

The Panel’s Lead Officer explained to the Panel that as planners they were unable to control ownership of a premises, however, they were able to restrict what the building was used for and set conditions to reduce the effects of the proposed use. He reminded the Panel that there was a fall-back position that the premises could again be used as a public house subject to a premises licence being granted.

The Head of Planning Services suggested Members may wish consider a revision for hours of opening to 10:00am to 8:00pm Monday to Friday, 10:00am to 6:00pm on Saturday and 10:00am to 4:00pm on Sunday and that an additional condition be included for the submission and agreement of a noise management plan, including for construction.

Members discussed the application with the main issues being:

·  weekend opening hours, Saturday opening 10:00am -18:00 being acceptable but consider reducing the hours on a Sunday to 10:00am -16:00

·  requesting that permeable car parking surface be used

·  concerns in relation to unauthorised parking particularly in view that a residents only parking is in operation in the area

·  sufficient time being allowed between classes/meetings so as not to cause issues with parking

 Members carefully considered the views of all parties.

RESOLVED –That the application be granted planning permission subject to the conditions specified on page 20 of the submitted report with the following amendments and additions:

·  Opening hours be restricted to 10:00am to 8:00pm Monday to Friday, 10:00am to 6:00pm on Saturday and 10:00am to 4:00pm on Sunday.

·  That a noise management plan (including for construction) be submitted.

·  That external construction and building works shall cease before 5:00pm on any weekday, before 1:00pm on Saturday and no external construction / building works shall take place Sunday or Bank Holidays.

·  Details of a scheme of permeable paving for the parking areas shall be submitted and approved and carried out in accordance with the approved details.

Cllr. Flynn left the meeting after the consideration of this item.