Inspector gives his reasons

11:37am Wednesday 23rd July 2008

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A 15-PAGE report by planning inspector Philip Asquith, which was published on Friday and can be found in full on the Dudley News website, provides indepth detail into the reasons behind his decision to give the mosque plan the green light.

The report begins with the fact the Hall Street site had been subject to a land exchange with the council.

Dudley Muslim Association originally owned land at Trindle Road and Claughton Road but decided it was unsuitable for its needs for religious and community facilities.

Dudley Council wished to acquire that land and decided the appeal site was surplus to requirements in 2000. The two agreed to exchange ownership, with the transfer taking place in 2003.

The main argument, which the council’s legal team raised during the inquiry, was that the loss of the Hall Street land to the DMA would have a detrimental effect on the town as it was an ideal employment site.

But the report states the “proposal would not harmfully impact on the economic vitality of the borough through the loss.’’ He added the mosque and community centre “could result in considerable benefits in terms of general economic, social and community well-being and cohesion as a result of the facilities, employment and training it is likely to bring.”

Opponents argued the grand design of the mosque and the tall minaret would be out of context with the rest of the town and especially the historic castle.

But Mr Asquith felt the site was “considerably removed from the castle that any building on it would not materially intrude on its setting’’.

He added: “I accept that the site is fairly prominent but its closest neighbours are industrial premises and modern buildings with no architectural pretensions.”

The 22,000-name petition against the application also didn’t sway Mr Asquith, as he comments: “The sheer volume of opposition alone is not a ground for refusing permission.”

Barristers for Dudley Council raised the point that operations at Nuttall’s factory, which is located in Hall Street next to the site, would be threatened by a mosque and community centre.

But Mr Asquith says in the report: “I have not noted any representation from Nuttall’s suggesting that the appeal proposal could unacceptably constrain present or future operations.”

Another main issue raised during the inquiry was that the facilities which the DMA proposed to run from its community and training centre are already available at nearby venues and would be harmed by another centre.

Locations such as St Thomas’s Network, The Savoy Centre, training facilities at Dudley College and Dudley Leisure Centre were all cited by opponents.

But Mr Asquith disagreed they would be harmed,saying: “I have no doubt the suite of facilities proposed could make a valuable contribution.

“There is no substantive evidence to suggest that those initiatives or facilities which exist, including St Thomas’s Community Network, would be seriously undermined or harmfully compromised.”

The appeal was upheld subject to a long list of conditions for the DMA to abide by.

A number of detailed reports must be carried out and submitted to Dudley Council for approval.

These include written site investigations, green travel plans, boundary treatments, waste storage and disposal and a report to ensure the community facilities are accessible to the whole community.