News from Crystal Palace - News & stories from the fresh air suburb - Crystal Palace, London SE19 » Bromley Cllr Tom Papworth http://www.newsfromcrystalpalace.co.uk Fri, 10 Apr 2015 17:44:57 +0000 en-US hourly 1 NEW BID TO USE FORMER CINEMA FOR CHURCH SERVICES ‘Dual purpose’ application expected http://www.newsfromcrystalpalace.co.uk/new-bid-use-former-cinema-church-services-dual-purpose-application-expected/ http://www.newsfromcrystalpalace.co.uk/new-bid-use-former-cinema-church-services-dual-purpose-application-expected/#comments Fri, 21 Mar 2014 20:28:55 +0000 http://www.newsfromcrystalpalace.co.uk/?p=1083 PLANS TO use the former cinema at 25 Church Road for religious services on a ‘dual purpose’ basis are set to be submitted to Bromley council. The move by the Pentecostal church KICC (Kingsway International Christian Centre) comes more than four years after a Bromley council plans sub-committee turned down an application for change of use of 25 Church Road for religious services. The application by KICC, made after they bought the building in a secret deal from Gala bingo in 2009, caused uproar locally with 1,000 people packing a protest meeting organised by the Picture Palace Campaign – formed to fight the plans – in the huge downstairs ballroom of the Queens hotel which is also in Church Road. A Bromley council spokeswoman told News From Crystal Palace: “A meeting took place last week with the council and representatives from the church and we anticipate receiving a planning application shortly. “If or when a planning application is received the council would seek consultation with the local community as part of this.” The meeting between the council and KICC representatives came after a Bromley plans siub-committee early last month where Crystal Palace ward councillor Tom Papworth (Lib Dem) said KICC “seemed to be having their cake and eating it.” His protest led committee chairman Cllr Alexa Michael (Con Bromley Common and Keston) to put forward a surprise motion giving KICC 30 days to submit a new planning application or face enforcement action after complaints that KICC were using 25 Church Road for religious events. CHURCH TOLD TO SUBMIT FRESH APPLICATION FOR CINEMA BUILDING – OR FACE ENFORCEMENT ACTION At its meeting on Thursday February 6th members of Bromley council’s plans sub committee number one amended officers’ suggested recommendations about the former cinema at 25 Church Road. The recommendation – the third of three – was amended so that enforcement action would be held in abeyance for 30 days and the owners (KICC) urged to submit an application within that time – otherwise enforcement action would be taken. The move came in a surprise amendment from the chair by Cllr Alexa Michael and followed an impassioned plea by Crystal Palace ward Cllr Tom Papworth who said KICC “seem to be able to have their cake and eat it.” His comments followed a report to the sub committee in the wake of a ‘Watchnight’ service held at 25 Church Road on December 31st last year. THE REPORT TO COMMITTEE The report said that when details of the “Watchnight” event emerged, KICC claimed  it fell within the lawful Class D2 use.  “But there were local concerns that the proposed event would take the form of a religious service which would fall within Class D1 and outside the lawful Class D2 use. “In view of the number of local complaints and the lack of information about the format and content of the event a notice was issued under S330 of the Town and Country Planning Act 1990. “This required further information to be provided before the event took place to enable an informed decision to be made as to whether the use was within Class D2. “A response to the S330 notice was received on  December 28th 2013 in which KICC described the event as a New Year celebration including music, dance and drama as well as the countdown to the New Year. “They stated that no alcohol would be on sale but snacks and soft drinks would be provided.  “KICC also confirmed that there would be no preaching at the event and stated that the event would not take the form of a religious service. “Planning officers met with the council’s solicitors and licensing officers before the event to discuss the response to the S330 notice and the most appropriate course of action but it was considered the response to the S330 notice did not provide any additional evidence there had been a material change of use. “Three officers from planning and licensing attended the event on December 31st in order to witness the proceedings at first hand… the event took the form of a New Year celebration involving song and dance featuring amplified music and a gospel choir, and included praise and worship.  “A short drama performance was presented by the children’s church.” The report stated the head of licensing was able to confirm that in view of the religious content this was NOT a licensable event under the Licensing Act. “Regulated entertainment, which includes music,singing dance, is a licensable activity but the act makes a specific exemption for entertainment provided as part of, or incidental to a religious meeting or service (Para. 9a Schedule 1 Part 2 (Exemptions) Licensing Act 2003). “Based on the nature of the words, music and performance observed the licensing officers were satisfied the Watchnight event was a form of worship and therefore came within the exemption as being a religious meeting or service.” BUT the building does not have planning permission for religious use – a decision taken by a Bromley council planning committee dating back to December 2009 and following a huge wave of public protest which included an amazing public meeting in the Queens hotel attended by around 1,000 people. The report also revealed that KICC have “stated their intention to submit a planning application for a mixed D2/D1 use but no further details are known at this stage.” The officers’ report added that “under national guidance and practice, the council needs to consider the expediency of taking planning enforcement action. “The site appears to have been used as a place of religious worship on two occasions in 2013. “Whether there is a material change of use is a question of fact and degree.” The report then, somewhat bizarrely, adds: ” In this instance the land still retains its general characteristics in appearance.” The report continues: “The extent of the usage is limited, to two days in a year. “There is little evidence of harmful noise or disturbance to local residents. “Overall there is […]

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PLANS TO use the former cinema at 25 Church Road for religious services on a ‘dual purpose’ basis are set to be submitted to Bromley council.

The move by the Pentecostal church KICC (Kingsway International Christian Centre) comes more than four years after a Bromley council plans sub-committee turned down an application for change of use of 25 Church Road for religious services.

The application by KICC, made after they bought the building in a secret deal from Gala bingo in 2009, caused uproar locally with 1,000 people packing a protest meeting organised by the Picture Palace Campaign – formed to fight the plans – in the huge downstairs ballroom of the Queens hotel which is also in Church Road.

A Bromley council spokeswoman told News From Crystal Palace: “A meeting took place last week with the council and representatives from the church and we anticipate receiving a planning application shortly.

“If or when a planning application is received the council would seek consultation with the local community as part of this.”

The meeting between the council and KICC representatives came after a Bromley plans siub-committee early last month where Crystal Palace ward councillor Tom Papworth (Lib Dem) said KICC “seemed to be having their cake and eating it.”

His protest led committee chairman Cllr Alexa Michael (Con Bromley Common and Keston) to put forward a surprise motion giving KICC 30 days to submit a new planning application or face enforcement action after complaints that KICC were using 25 Church Road for religious events.

CHURCH TOLD TO SUBMIT FRESH APPLICATION FOR CINEMA BUILDING – OR FACE ENFORCEMENT ACTION

At its meeting on Thursday February 6th members of Bromley council’s plans sub committee number one amended officers’ suggested recommendations about the former cinema at 25 Church Road.

The recommendation – the third of three – was amended so that enforcement action would be held in abeyance for 30 days and the owners (KICC) urged to submit an application within that time – otherwise enforcement action would be taken.

The move came in a surprise amendment from the chair by Cllr Alexa Michael and followed an impassioned plea by Crystal Palace ward Cllr Tom Papworth who said KICC “seem to be able to have their cake and eat it.”

His comments followed a report to the sub committee in the wake of a ‘Watchnight’ service held at 25 Church Road on December 31st last year.

THE REPORT TO COMMITTEE

The report said that when details of the “Watchnight” event emerged, KICC claimed  it fell within the lawful Class D2 use.  “But there were local concerns that the proposed event would take the form of a religious service which would fall within Class D1 and outside the lawful Class D2 use.

“In view of the number of local complaints and the lack of information about the format and content of the event a notice was issued under S330 of the Town and Country Planning Act 1990.

“This required further information to be provided before the event took place to enable an informed decision to be made as to whether the use was within Class D2.

“A response to the S330 notice was received on  December 28th 2013 in which KICC described the event as a New Year celebration including music, dance and drama as well as the countdown to the New Year.

“They stated that no alcohol would be on sale but snacks and soft drinks would be provided.  “KICC also confirmed that there would be no preaching at the event and stated that the event would not take the form of a religious service.

“Planning officers met with the council’s solicitors and licensing officers before the event to discuss the response to the S330 notice and the most appropriate course of action but it was considered the response to the S330 notice did not provide any additional evidence there had been a material change of use.

“Three officers from planning and licensing attended the event on December 31st in order to witness the proceedings at first hand… the event took the form of a New Year celebration involving song and dance featuring amplified music and a gospel choir, and included praise and worship.  “A short drama performance was presented by the children’s church.”

The report stated the head of licensing was able to confirm that in view of the religious content this was NOT a licensable event under the Licensing Act.

“Regulated entertainment, which includes music,singing dance, is a licensable activity but the act makes a specific exemption for entertainment provided as part of, or incidental to a religious meeting or service (Para. 9a Schedule 1 Part 2 (Exemptions) Licensing Act 2003).

“Based on the nature of the words, music and performance observed the licensing officers were satisfied the Watchnight event was a form of worship and therefore came within the exemption as being a religious meeting or service.”

BUT the building does not have planning permission for religious use – a decision taken by a Bromley council planning committee dating back to December 2009 and following a huge wave of public protest which included an amazing public meeting in the Queens hotel attended by around 1,000 people.

The report also revealed that KICC have “stated their intention to submit a planning application for a mixed D2/D1 use but no further details are known at this stage.”

The officers’ report added that “under national guidance and practice, the council needs to consider the expediency of taking planning enforcement action.

“The site appears to have been used as a place of religious worship on two occasions in 2013. “Whether there is a material change of use is a question of fact and degree.”

The report then, somewhat bizarrely, adds: ” In this instance the land still retains its general characteristics in appearance.”

The report continues: “The extent of the usage is limited, to two days in a year. “There is little evidence of harmful noise or disturbance to local residents.

“Overall there is insufficient evidence of a material change of use that causes harm and it does not appear expedient to take action at this stage.

“A legal view has been sought on this matter. “It is suggested that the owners submit a planning application to deal with on-going issues between themselves and local residents.”

CLLR TOM PAPWORTH

KICC “seem to be able to have their cake and eat it” he declared.

Cllr Papworth recalled that on a previous occasion another Bromley plans sub-committee had rejected a motion of his calling for enforcement action and decided that the use of the building should be closely monitored.

“We have the farcical situation where the licensing department said it WAS a religious event and not licensable and the planning department said it did not breach planning conditions.

“The left hand in Bromley clearly did not know what the right hand was doing.”

Referring to section 3.12 of the report to the sub-committee Cllr Papworth said one got the impression the planning department thought the problem was noise.

“Noise and disturbance are environmental health matters. “If KICC were in silent worship they would still be in breach of planning law and it’s planning law they should be upholding.

“We must demonstrate to owners we will enforce planning law if they choose to breach it. “We should reject these recommendations and take enforcement action.”

The suggestion KICC should submit a planning application “seems to be a case of Bromley throwing in the towel – ‘if you breach planning law often enough you submit a planning application.

“We need to demonstrate that Bromley council is strong and firm in cases of breach of planning law.”

CLLR ALEXA MICHAEL

told members: “It’s not as if this was an isolated incident. “It’s happened on more than one occasion. “KICC have had the opportunity to put in a planning application to try to regularise the situation. “They have not.

“If 70 residents complain I’m inclined to agree with the ward member – we should take enforcement action to cease this use in the future.”

At this point an officer intervened to draw members attention to the legal view and said they had to look at whether something was a material change of use.

He said that while officers had been at KICC’s Watchnight service he had been at Gary Barlow’s concert at Methodist central hall .

“It was obviously a non-secular concert but if it had been called ‘Cliff Richard singing a Millennium Prayer’ I don’t think we could say it was a material change of use.

“The concern is that, given the limited number of events, there’s not a material change of use.”

There followed a debate in which Cllr Peter Fookes (Lab, Penge and Cator ward), agreeing with Cllr Papworth said: “We have allowed the situation to carry on  for far too long”

He suggested inviting KICC to submit an application within one month and then, if no application had been received, taking enforcement action.

Cllr John Canvin (Lib Dem Crystal Palace) said he had never had so many complaints and objections to anything which had come up on planning “as I’ve had on this one.”

Cllr Samaris Huntington-Thresher (Con Chelsfield and Pratts Bottom) said: “70 complaints is a huge number. I’m a bit concerned about where this is going.

“This isn’t going to go away” she added.

The officers recommendation to the sub-committee sub-committee was lost by three votes to five

Cllr Michael’s motion was then put to sub-committee and agreed by five votes to three.

FOR A – VERY – POTTED HISTORY OF THE PLANS TO RETURN A CINEMA TO CRYSTAL PALACE AND SOME OF THE BACKGROUND ISSUES PLEASE SEE SEPARATE STORY HEADED “BACKGROUND TO THE NEWS”. THOSE AMONG YOU WHO ATTENDED THE QUEENS HOTEL MEETING MAY FEEL A CERTAIN SENSE OF NOSTALGIA………..

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]]> http://www.newsfromcrystalpalace.co.uk/new-bid-use-former-cinema-church-services-dual-purpose-application-expected/feed/ 0 CHURCH PLANS ‘WATCHNIGHT SERVICE’ IN CINEMA BUILDING – CAMPAIGNERS AND COUNCILLOR DEMAND ACTION “KICC cannot have it both ways” – Cllr Tom Papworth http://www.newsfromcrystalpalace.co.uk/church-plans-watchnight-service-cinema-building-campaigners-councillor-demand-action-kicc-ways-cllr-tom-papworth/ http://www.newsfromcrystalpalace.co.uk/church-plans-watchnight-service-cinema-building-campaigners-councillor-demand-action-kicc-ways-cllr-tom-papworth/#comments Wed, 25 Dec 2013 12:56:08 +0000 http://www.newsfromcrystalpalace.co.uk/?p=951 A BROMLEY councillor is calling for action over a planned Watchnight service being staged by a Pentecostal church on New Year’s Eve in the former cinema building at 25 Church Road.   In strongly-worded emails to senior Bromley council officers Cllr Tom Papworth says there is a “massive inconsistency” between what Bromley council’s planning enforcement officers term the event and what Bromley council’s licensing officers term the event.    Cllr Papworth’s move comes after being contacted by “scores of people” about the Watchnight service – advertised as a religious service when performed at Croydon’s Fairfield halls in the past.   His comments follow requests by cinema campaigners asking people in the area to send Bromley council a Christmas message – voicing their concerns over the proposed KICC (Kingway International Christian Centre) event.   In his emails to development control manager Tim Bloomfield and head of food safety, occupational safety and licensing Paul Lehane Cllr Papworth (Lib Dem, Crystal Palace ward) says: “Further to my email on Friday, I have heard reports that Paul has already responded to residents to say that ‘It may be that the service is televised and will be watched by people attending the Church Road site, however from a licensing perspective we have taken the view following previous complaints and investigations that these are acts of worship / religious services within the definition of the licensing act  and therefore fall outside any control’.   “I do not intend to point the finger – I don’t really care whether Paul is right or wrong in this respect. “I am extremely concerned that there seems to be a massive inconsistency between what planning enforcement term the event and what licensing term the event.   “Let us be entirely clear on this: KICC cannot have it both ways. “Either this is an entertainment event, in which case they require a licence, and if they do not get one by December 31st and proceed with the event they are liable to prosecution; or this is a religious event, in which case they are in breach of their D2 usage and if they proceed with the event they are liable to prosecution.   “If my assessment is correct, then this event can only be legal (and they can only avoid prosecution) if Bromley council agrees that this is a music-entertainment event and grants a licence by December 31st. “Can you please: 1. Confirm whether this is correct? 2.Confirm what action will be taken if no such licence is granted (or if LBB agrees that this is a religious event) and KICC proceed regardless? “This is obviously an urgent matter as the clock is ticking. “I look forward to your response as soon as possible.”   In a second email to Tim Bloomfield Cllr Papworth says: “I trust that this event will be thoroughly investigated. “I would be grateful if planning enforcement officers would attend the event to gauge whether it is a religious service. “When this last came to Bromley council’s development control committee members did not support my motion that enforcement action should be taken, in part because of a lack of evidence that sufficient breaches had taken place. “This seems like a perfect opportunity to resolve that evidenciary gap!.”   In a post yesterday (Christmas Eve) on Virtual Norwood, a local ‘blog’ site, Cllr Papworth, thanking the “scores of people” who have written to him about the Watchnight event, adds: “It may not be possible to prevent the event happening – it may require a court order and it may be impossible to get one at short notice. “A prosecution after the fact may be the only recourse.”I would therefore remind you that if there is any disturbance due to noise you can contact the council’s 24 hour noise team on 0300 303 8671. “In addition, if there are any other disturbances (e.g. if unauthorised persons start trying to direct or control traffic, or if passers by are obstructed from going about their business) you should call the police. “I hope that there will be some better news soon. “In the meantime, I hope you all have a merry Christmas.” CLLR PAPWORTH’S comments come after the Picture Palace Campaign – set up in the wake of KICC buying the building from Gala Bingo in a secret deal in 2009 – asked  people to spend five or 10 minutes emailing or contacting Bromley council “notifying them of the latest event and expressing your concerns please – it would be really appreciated.”   The Campaign says that if the Watchnight service is considered to be a religious service or meeting then it falls outside the lawful planning use. “If it is considered to be an entertainment concert then it falls within the licensing regime and in our view is not exempt” said a Campaign spokesperson. “The two key issues are: Why are Bromley council letting KICC hold another religious service at 25 Church Road when they do not have planning permission to do so? or Why are Bromley council letting KICC hold another entertainment concert at 25 Church Road which involves live amplified music without having a premises licence? “If Bromley council does not agree that it is a religious service then isn’t it an Act of Public Entertainment which is regulated and requires a premises licence under the Licensing Act 2003? “Exemptions from the requirements of the Act are only given under certain circumstances. “If people do not register their concerns now I am sure we will start to see religious services start on Sundays at some point next year.” Campaigners are also highlighting a note on the leaflet advertising the event which states:”A return service will operate after the service to the mentioned pick-up points.”  QUOTES FROM VIRTUAL NORWOOD ‘News and Local Issues’ 25 Church Road (former Rialto cinema) thread pages nine and 10.   “I have highlighted these concerns with the appropriate officers” – Bromley Cllr John Getgood (Lab, Penge and Cator)    “We have planning laws, planning use classes, and if they […]

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A BROMLEY councillor is calling for action over a planned Watchnight service being staged by a Pentecostal church on New Year’s Eve in the former cinema building at 25 Church Road.
 
In strongly-worded emails to senior Bromley council officers Cllr Tom Papworth says there is a “massive inconsistency” between what Bromley council’s planning enforcement officers term the event and what Bromley council’s licensing officers term the event. 
 
Cllr Papworth’s move comes after being contacted by “scores of people” about the Watchnight service – advertised as a religious service when performed at Croydon’s Fairfield halls in the past.
 
His comments follow requests by cinema campaigners asking people in the area to send Bromley council a Christmas message – voicing their concerns over the proposed KICC (Kingway International Christian Centre) event.
 
In his emails to development control manager Tim Bloomfield and head of food safety, occupational safety and licensing Paul Lehane Cllr Papworth (Lib Dem, Crystal Palace ward) says: “Further to my email on Friday, I have heard reports that Paul has already responded to residents to say that ‘It may be that the service is televised and will be watched by people attending the Church Road site, however from a licensing perspective we have taken the view following previous complaints and investigations that these are acts of worship / religious services within the definition of the licensing act  and therefore fall outside any control’.
 
“I do not intend to point the finger – I don’t really care whether Paul is right or wrong in this respect. “I am extremely concerned that there seems to be a massive inconsistency between what planning enforcement term the event and what licensing term the event.
 
“Let us be entirely clear on this: KICC cannot have it both ways. “Either this is an entertainment event, in which case they require a licence, and if they do not get one by December 31st and proceed with the event they are liable to prosecution; or this is a religious event, in which case they are in breach of their D2 usage and if they proceed with the event they are liable to prosecution.
 
“If my assessment is correct, then this event can only be legal (and they can only avoid prosecution) if Bromley council agrees that this is a music-entertainment event and grants a licence by December 31st.
“Can you please: 1. Confirm whether this is correct? 2.Confirm what action will be taken if no such licence is granted (or if LBB agrees that this is a religious event) and KICC proceed regardless? “This is obviously an urgent matter as the clock is ticking. “I look forward to your response as soon as possible.”
 
In a second email to Tim Bloomfield Cllr Papworth says: “I trust that this event will be thoroughly investigated. “I would be grateful if planning enforcement officers would attend the event to gauge whether it is a religious service.
“When this last came to Bromley council’s development control committee members did not support my motion that enforcement action should be taken, in part because of a lack of evidence that sufficient breaches had taken place. “This seems like a perfect opportunity to resolve that evidenciary gap!.”
 
In a post yesterday (Christmas Eve) on Virtual Norwood, a local ‘blog’ site, Cllr Papworth, thanking the “scores of people” who have written to him about the Watchnight event, adds: “It may not be possible to prevent the event happening – it may require a court order and it may be impossible to get one at short notice. “A prosecution after the fact may be the only recourse.”I would therefore remind you that if there is any disturbance due to noise you can contact the council’s 24 hour noise team on 0300 303 8671.

“In addition, if there are any other disturbances (e.g. if unauthorised persons start trying to direct or control traffic, or if passers by are obstructed from going about their business) you should call the police.

“I hope that there will be some better news soon. “In the meantime, I hope you all have a merry Christmas.”

CLLR PAPWORTH’S comments come after the Picture Palace Campaign – set up in the wake of KICC buying the building from Gala Bingo in a secret deal in 2009 – asked  people to spend five or 10 minutes emailing or contacting Bromley council “notifying them of the latest event and expressing your concerns please – it would be really appreciated.”
 
The Campaign says that if the Watchnight service is considered to be a religious service or meeting then it falls outside the lawful planning use.

“If it is considered to be an entertainment concert then it falls within the licensing regime and in our view is not exempt” said a Campaign spokesperson.

“The two key issues are:

Why are Bromley council letting KICC hold another religious service at 25 Church Road when they do not have planning permission to do so?
or Why are Bromley council letting KICC hold another entertainment concert at 25 Church Road which involves live amplified music without having a premises licence?

“If Bromley council does not agree that it is a religious service then isn’t it an Act of Public Entertainment which is regulated and requires a premises licence under the Licensing Act 2003?

“Exemptions from the requirements of the Act are only given under certain circumstances.

“If people do not register their concerns now I am sure we will start to see religious services start on Sundays at some point next year.”

Campaigners are also highlighting a note on the leaflet advertising the event which states:”A return service will operate after the service to the mentioned pick-up points.”

 QUOTES FROM VIRTUAL NORWOOD ‘News and Local Issues’ 25 Church Road (former Rialto cinema) thread pages nine and 10.

 
“I have highlighted these concerns with the appropriate officers” – Bromley Cllr John Getgood (Lab, Penge and Cator) 
 
“We have planning laws, planning use classes, and if they are not enforced what purpose are they there for?” – Charlie
 
“Surely it is about time they did something about the situation? The building makes me sad and angry every time I walk past it. “Such a waste.” – Darcey
 
“So the right hand is saying it’s a religious service while the left hand is saying it’s not. “With this level of joined up thinking no wonder the KICC feel they can ignore them.” – Fang
 
“The whole thing is farcical” – James L

“Now I know why I saw a guy vacuuming the carpet in the entrance lobby the other day!” – Magnolia

NEWS FROM CRYSTAL PALACE WISHES ALL OF YOU A VERY MERRY CHRISTMAS!!!

 

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]]> http://www.newsfromcrystalpalace.co.uk/church-plans-watchnight-service-cinema-building-campaigners-councillor-demand-action-kicc-ways-cllr-tom-papworth/feed/ 0 CINEMA CAMPAIGN – BROMLEY PLANNERS REASONS FOR LACK OF ACTION http://www.newsfromcrystalpalace.co.uk/cinema-campaign-bromley-planners-reasons-for-lack-of-action/ http://www.newsfromcrystalpalace.co.uk/cinema-campaign-bromley-planners-reasons-for-lack-of-action/#comments Thu, 11 Jul 2013 16:04:44 +0000 http://newsfromcrystalpalace.co.uk/?p=639 A BROMLEY COUNCIL planner has outlined the reasons for their lack of enforcement action over a Pentecostal church’s use of the former cinema building at 25 Church Road, Upper Norwood.   In email exchanges the planning officer has told Cllr Tom Papworth (Lib Dem Crystal Palace ward) that “there remain some reservations that the council has sufficient evidence to sustain enforcement action on appeal or to defend a potential claim for costs for unreasonable behaviour. “We therefore need to proceed with caution.”   The release of the emails – written shortly before the church – the Kingsway International Christian Centre – staged an education conference at the premises on February 23rd – come as they plan ANOTHER event titled ‘Night of Joy’ in the building on Saturday July 20th.   The officer says: “The point at which a material change of use occurs is a matter of fact and degree and in practice can be difficult to determine, particularly if the use is occasional and changes in character over time.   “In this case the four events which have so far taken place have included a range of mixed D2/D1 uses including an open day, a business seminar, a concert and a watchnight service of praise and worship.   “The event on February 23rd is described as an education conference which appears to be the first event which falls exclusively within class D1.*   “In my view, we are approaching the stage where it can be demonstrated that the character of the use has changed from purely Class D2 to a mixed D2/D1 use.   “However there remain some reservations that the council has sufficient evidence to sustain enforcement action on appeal or to defend a potential claim for costs for unreasonable behaviour and we therefore need to proceed with caution.”   Cllr Papworth told News From Crystal Palace: “KICC cannot be allowed to simply flaunt the regulations in this manner. “Bromley council are being woefully inadequate in their enforcement of the lawful use of this site.”   COUNCIL’S PLAN TO MAXIMISE ENFORCEMENT ACTIONS   Bromley council’s development control committee as part of a borough-wide strategy have now set up a working party  to: monitor the work of the enforcement team; assess the adequacy of their resources; act as a conduit between members and the enforcement team; ensure they are maximising their options where enforcement action has been decided upon. Crystal Palace Triangle Planning Group (CPTPG)  told Bromley council the education conference event was the fifth in seven months. “The building remains empty for the rest of the time and closed to the local community. “Please could you advise what action Bromley council can take to: “1. stop KICC from flouting the lawful planning use of the building; and “2. bring this building back into inclusive leisure use? “We have a willing buyer in City Screen, who would love to be at 25 Church Road and a huge number of people in Crystal Palace who would love them to be here with the known regenerative benefits they would bring. “KICC could easily hold its activities elsewhere in the area for example the Harris Academy, South Norwood or Kingsdale Foundation, Dulwich. “What Crystal Palace and Church Road desperately need is an entertainment venue – not another D1 building for which KICC does not have planning permission for.”   PICTURE PALACE CAMPAIGN   And the Picture Palace Campaign – set up to bring a cinema back to Crystal Palace in the wake of KICC’s secret purchase of the building from Gala Bingo – said: “We are  are unable to see any public benefit of KICC’s continued ownership of a building which has been effectively closed to the public now since the beginning of July 2009 and in which KICC cannot lawfully deliver their charitable objects.” (A public meeting called by the Campaign at the Queen’s hotel, Church Road in 2009 attracted more than 1,000 people).   See: Council officer at KICC event – March 8th   *D1 Non-residential institutions – Clinics, health centres, crèches, day nurseries, day centres, schools, art galleries (other than for sale or hire), museums, libraries, halls, places of worship, church halls, law court. Non residential education and training centres. D2 Assembly and leisure – Cinemas, music and concert halls, bingo and dance halls (but not night clubs), swimming baths, skating rinks, gymnasiums or area for indoor or outdoor sports and recreations (except for motor sports, or where firearms are used).

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A BROMLEY COUNCIL planner has outlined the reasons for their lack of enforcement action over a Pentecostal church’s use of the former cinema building at 25 Church Road, Upper Norwood.
 
In email exchanges the planning officer has told Cllr Tom Papworth (Lib Dem Crystal Palace ward) that “there remain some reservations that the council has sufficient evidence to sustain enforcement action on appeal or to defend a potential claim for costs for unreasonable behaviour. “We therefore need to proceed with caution.”
 
The release of the emails – written shortly before the church – the Kingsway International Christian Centre – staged an education conference at the premises on February 23rd – come as they plan ANOTHER event titled ‘Night of Joy’ in the building on Saturday July 20th.
 
The officer says: “The point at which a material change of use occurs is a matter of fact and degree and in practice can be difficult to determine, particularly if the use is occasional and changes in character over time.
 
“In this case the four events which have so far taken place have included a range of mixed D2/D1 uses including an open day, a business seminar, a concert and a watchnight service of praise and worship.
 
“The event on February 23rd is described as an education conference which appears to be the first event which falls exclusively within class D1.*
 
“In my view, we are approaching the stage where it can be demonstrated that the character of the use has changed from purely Class D2 to a mixed D2/D1 use.
 
“However there remain some reservations that the council has sufficient evidence to sustain enforcement action on appeal or to defend a potential claim for costs for unreasonable behaviour and we therefore need to proceed with caution.”
 
Cllr Papworth told News From Crystal Palace: “KICC cannot be allowed to simply flaunt the regulations in this manner. “Bromley council are being woefully inadequate in their enforcement of the lawful use of this site.”
 
COUNCIL’S PLAN TO MAXIMISE ENFORCEMENT ACTIONS
 
Bromley council’s development control committee as part of a borough-wide strategy have now set up a working party  to:
  • monitor the work of the enforcement team;
  • assess the adequacy of their resources;
  • act as a conduit between members and the enforcement team;
  • ensure they are maximising their options where enforcement action has been decided upon.
Crystal Palace Triangle Planning Group (CPTPG)  told Bromley council the education conference event was the fifth in seven months. “The building remains empty for the rest of the time and closed to the local community. “Please could you advise what action Bromley council can take to:
“1. stop KICC from flouting the lawful planning use of the building; and
“2. bring this building back into inclusive leisure use?
“We have a willing buyer in City Screen, who would love to be at 25 Church Road and a huge number of people in Crystal Palace who would love them to be here with the known regenerative benefits they would bring.
“KICC could easily hold its activities elsewhere in the area for example the Harris Academy, South Norwood or Kingsdale Foundation, Dulwich.
“What Crystal Palace and Church Road desperately need is an entertainment venue – not another D1 building for which KICC does not have planning permission for.”
 
PICTURE PALACE CAMPAIGN
 
And the Picture Palace Campaign – set up to bring a cinema back to Crystal Palace in the wake of KICC’s secret purchase of the building from Gala Bingo – said: “We are  are unable to see any public benefit of KICC’s continued ownership of a building which has been effectively closed to the public now since the beginning of July 2009 and in which KICC cannot lawfully deliver their charitable objects.” (A public meeting called by the Campaign at the Queen’s hotel, Church Road in 2009 attracted more than 1,000 people).
 
See: Council officer at KICC event – March 8th
 
*D1 Non-residential institutions – Clinics, health centres, crèches, day nurseries, day centres, schools, art galleries (other than for sale or hire), museums, libraries, halls, places of worship, church halls, law court. Non residential education and training centres.
D2 Assembly and leisure – Cinemas, music and concert halls, bingo and dance halls (but not night clubs), swimming baths, skating rinks, gymnasiums or area for indoor or outdoor sports and recreations (except for motor sports, or where firearms are used).

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