Agenda item

(i)    To note the reasons for refusal of planning permission and the issue of an enforcement notice to obtain cessation of the unlawful use of the premises;

(ii)   To support further steps to obtain compliance with the outstanding enforcement notice.

The report dealt with the planning enforcement history of 12 High Street,

Harlesden, NW10 4LX and updated members on the current enforcement

position and a petition that requested Planning Services to reconsider the refusal of an application for planning permission made by Harlesden Ummah Centre of 12 High Street, London NW10 as a Masjid’.

Steve Weeks, Head of Area Planning, in setting the background to the enforcement notice informed members that complaints were received that the premises were being used for religious gatherings in addition to its lawful use as a retail shop. The matter was taken up with a trustee of the premises who claimed it was not in use as a place of worship but as a community shop.  He continued that further works were carried out in 2008 which involved the erection of a rear extension, the cessation of the retail use and its use for religious services. As the Trustees took no steps to resolve the issue the Council issued an enforcement notice on 27th March 2009 requiring the demolition of the extension and the cessation of the use of the premises as a place of worship. 

An appeal by the Trustees against the enforcement notice was dismissed by the Planning Inspector who held that the scale and bulk of the extension amount to an over development of the site and its design was out of character with the Harlesden Conservation Area. The Inspector also held that there was a significant loss of residential amenity and an unacceptable transport impact at times of prayer meetings and religious gatherings. The Trustees were therefore required to remove the extension and cease restore the use of the premises to retail. He continued that although a significant part of the extension may now have been removed he sought members support for further steps to obtain compliance with the enforcement notice as the current use of 12 High Street, Harlesden as a place of worship/community centre was unacceptable.

Mr S Zubari the applicant stated that the use of the premises for religious purposes had not resulted in an unacceptable traffic impact as the worshippers were not attending by motor vehicles.  In addition, the strong adherence to staggered exits had ensured that there was no loss of residential amenity to the other residents. He continued that the use of 12 High Street as a religious centre was to facilitate the upbringing of their children in an Islamic way, in the same way as Neasden Temple and the religious centre in Pavitt Hall, Wembley Central.  In response to a member’s enquiry, Mr Zubari stated that the worshippers attending the other religious centres were about three times as many as those attending 12 High Street.

During members’ discussion, Councillor Hashmi referred to planning permissions granted for religious and community uses at 212 -214 Church Road, NW10, 107 High Street NW10 and 72-74 which would be reported to Committee with a recommendation for approval.  He therefore indicated his support for the application.  Councillor McLennan asked as to whether the Police and the Fire Service had expressed a view on the application.  Councillors Cummins and Sheth sought clarification on the number of people attending the religious centre and the significance of the examples referred to in the report

Steve Weeks responded that he was not aware of specific comments by the Police and the Fire Service.  He continued that the number of worshippers was considerably in excess of number indicated by the applicant in addressing the Committee.  He advised members that each application was decided on its own merits but that the location within the primary secondary shopping area was important as there was a need to retain and maintain the vitality of Harlesden Town Centre.

RESOLVED:-

(i)        to note the reasons for refusal of planning permission and the issue of an enforcement notice to obtain cessation of the unlawful use of the premises;

(ii)       that further steps to obtain compliance with the outstanding enforcement notice be supported.