Agenda item
249/251 East India Dock Road (PA/11/01717)
Decision:
On a unanimous vote the Committee RESOLVED
1. That planning permission be REFUSED for the variation of conditions 2 (no audible noise), 4 (no more then 50 people) and 5 (hours of operation) of planning permission PA/07/165 dated 02/05/07 which allowed the continued use of premises as a place of worship for the reasons set out in the circulated report.
The proposed variations were:
Condition 2 - Any speech, sound or music generated shall not be audible within neighbouring residential premises
Condition 4 - To increase the number of visitors to no more than 250. (Condition 4 currently imposes a limit of 50 people)
Condition 5 - To extend the hours of operation from the current approved hours of 9am and 10pm Monday to Saturday, and between 11am and 10pm on Sundays to the following hours:
Mondays to Thursday : 10am to 11pm
Fridays : 10am to 12am (midnight)
Saturdays: 10am to 11pm and;
Sundays 11am to 11pm.
Minutes:
Pete Smith, (Development Control Manager) introduced the report concerning 249/251 East India Dock Road.
The Chair then invited registered speakers to address the meeting.
Paul Doeman spoke in objection. His property adjourned the Church and shared a wall with it. When previously on this site, the Church held large events triggering complaints about noise, late night disturbance and traffic in the streets. The increase in visitors would exasperate these problems even further. There would be load music, an excessive number of visitors causing disturbance. The Church shared walls with other residential properties so they were particularly sensitive to noise from the Church. There was a 122 signature petition in objection. The sound proofing installed was ineffective as the neighbours could still hear noise from the Church and this was before this extension had been granted.
Mr Ronald Faires also spoke in objection. The Church adjoined his flat and hosted large events audible through his walls. There had been accidents in the surrounding streets. Increasing the visitor capacity to 250 would make these existing problems far worse. There would be noise at night from people leaving, increased traffic and parking from the additional visitors. The proposed sound proofing was inadequate. The Church had breached its conditions on a number of occasions. For example, in October 2011 one of its services finished at 12:45am resulting in many people leaving at this time.
In response to Members, Mr Faires stated that there had been two incidences (since this October) of visitors leaving after the permitted hours.
Mr Michael Johnson spoke in favour of the application as the architect for the scheme. He outlined the planning history. In relation to Condition 5 the Applicant was actually willing to limit the end hours to 10pm on Sunday and certain other days contrary to the report. They were also willing to withdraw their application to change condition 2 regarding the control of noise. The Applicant had submitted an acoustic report showing how the noise concerns would be addressed. However his consultants were denied entry to the adjoining properties so it could not be properly completed. He expressed confidence in their sound proofing measures and felt that full sound proofing would be achieved. He referred to the transport and traffic assessment. Their experts say that parking levels were sufficient. The travel plan also sought to minimise any traffic. A traffic manager would be appointed to control traffic. Most of the visitors were local and there was enough parking available within a reasonable walking distance from the site. If refused it could displace the congregation elsewhere creating additional traffic on the roads. The applicant had taken steps to address the concerns. The application should be granted.
In reply to Members, he confirmed the proposed opening hours. He was happy to limit the closing hours to 10pm on Friday Saturday Sunday and Monday whereas at the moment they have permission for 6 days per week. The Church had actively tried to engage with the residents.
Ms Robertson (Applications Manager, Planning Services) presented the application to vary the planning application. Ms Robertson explained the details of the proposal as set out in the report and the reasons Officers were recommending it for refusal. The proposal was to increase the number of visitor to the Church from 50 to 250 and to extend the hours of operation and vary a condition controlling noise. She also explained the planning history and the record of noise complaints. Attention was drawn to the consultation outcome and the key planning issues. As detailed in the report, the application failed to show how it would mitigate the negative impacts and it breached policy. Officers had assessed the Travel Plan, however disagreed with the finding that the parking provision at the location could accommodate the scheme. It was feared that it may increase existing parking problems in the area.
In reply to Members, Officers explained the access routes, the nature of the noise complaints and the parking objections.
On a unanimous vote the Committee RESOLVED
1. That planning permission be REFUSED for the variation of conditions 2 (no audible noise), 4 (no more then 50 people) and 5 (hours of operation) of planning permission PA/07/165 dated 02/05/07 which allowed the continued use of premises as a place of worship for the reasons set out in the circulated report.
As per the application, the proposed variations were:
Condition 2 - Any speech, sound or music generated shall not be audible within neighbouring residential premises
Condition 4 - To increase the number of visitors to no more than 250. (Condition 4 currently imposes a limit of 50 people)
Condition 5 -To extend the hours of operation from the current approved hours of 9am and 10pm Monday to Saturday, and between 11am and 10pm on Sundays to the following hours:
Mondays to Thursday: 10am to 11pm
Friday : 10am to 12am (midnight)
Saturdays: 10am to 11pm and;
Sundays 11am to 11pm.
and as amended prior to determination
Friday, Saturday, Sunday, Monday: 10am to 10pm.
Supporting documents: