Issue - decisions

The Planning Manager, Andy Bates referred to additional representations objecting to the proposed change of use on grounds of additional traffic and parking problems, the need to extend the existing CPZ hours of operation and the availability of an existing Christian Church offering a similar facility on the High Road.  He stated that the objection about an existing Christian Church was not material to the determination of the application and that the rest of the objections had been addressed in the main report.  He reported that the applicants had confirmed that a metal palisade fence which had been erected around the car-park, and which was not considered by Officers to relate well to the setting of the listed building, would be removed within a month.  The Planning Manager drew members’ attention to comments by the Borough Solicitor on the Heads of Terms of the Section 106 legal agreement, amendments to conditions 4 and 7 and an additional condition as set out in the tabled supplementary.

Mr Dicks objected to the proposed change of use on grounds of significant impact on noise from the lift shaft and motor on the residential amenities of Brondesbury Mews.  He requested that the contractors’ hours of work be limited to 09.00 to 17.00 hours in order to protect and safeguard the amenity and integrity of the Mews.

Mr Ed Fordham a supporter stated that the proposed change of use would bring back into use a building of historical significance within the Kilburn area and address the previous unsuccessful attempts for its use including cinema use.

Mr Richard De Boise the applicant’s agent stated that with the provision of adequate parking spaces, traffic flow and parking in the vicinity would not be a problem unless the congregation exceeded 1,600 (600 more than the expected congregation).  He requested the Committee to re-consider the requirement for the applicant to make a contribution of £20,000 to the Council for local transport mitigation as part of the s106 agreement.  In response to members’ questions, Mr De Boise confirmed that a Travel plan would be submitted as part of the application and that the building would be energy efficient as part of the sustainability measures.

Councillor D Abrahams a member of Killburn Ward, London Borough of Camden speaking in favour of the application stated that the proposal would preserve and restore the historical glory of the building.  He welcomed the community use of the building but requested that the hire rates for community uses should be set at a level that was affordable.  Councillor Abrahams pointed out that there was a need to monitor the transport and parking impact of the application and with that in mind he suggested the setting up of a review group comprising of residents, church members and ward members.

In accordance with the Planning Code of Practice, Councillor Arnold a member for Kilburn Ward stated that she had been approached by residents and the applicant.  Councillor Arnold welcomed the proposal which she said would overcome the negative impact of the building that had remained under-used and derelict for nearly 20 years.  She continued that judging by the church’s good reputation gained in the Brixton area, the proposed change of use would add value to the quality of life in the Kilburn High Road area.  Councillor Arnold endorsed the suggestion for a review group but urged members to allow the parking and travel plan to work before the church was required to make a contribution of £20,000 to mitigate against local transport impact.

In accordance with the Planning Code of Practice, Councillor Dunn a member for Kilburn Ward stated that he had been approached by residents and the applicant.  Councillor Dunn welcomed the proposal which he added had won the support of local residents, in particular, the community use of the premises.

During member debate officers were asked to comment on the informative for a Considerate Construction Scheme (CCS), the request for a delay on the payment for £20,000 for transport mitigation and whether the S106 agreement could cover the suggestion for affordable community hire rates and the possibility of working in close association with their counterparts in Camden to ensure that parking was not an issue on both sides of Kilburn High Road.

In response, the Planning Manager stated that the setting up of the review group could be part of the Travel Plan and that a CCS would also be in place.  He continued that the affordable community hire rates could be built into the S106 legal agreement but that a condition could not be imposed on hours of use due to its location.  In echoing the comments above, the Head of Area Planning Steve Weeks advised that the contribution of £20,000 towards mitigating transport impact could not be delayed.  He added that although noise of operation from the lift would be relatively low risk he could add a condition following an assessment of its risk.