Back To The Very Start
From the very outset, we’ve considered that the council’s position in relation to the Hamptons Mosque and their interpretation of the Town And Country Planning Act is flawed, and politically motivated.
The Chelmsford Muslim Society have been dishonest since day one, making false promises to the club members and local residents, and misleading the council at every opportunity.
Of course this has rather come home to roost, as the business continues to struggle, and possibly faces going into administration.
The Orgiinal Planning Permission.
So let’s head back to 2004, and to the governing planning permission for “Development of a community facility building, tennis court and associated car park Ref 04/02419/FUL”.
Amongst the documents for the application, is a the Design & Access Statement, and it’s clear that the new development is to be a replacement facility for the Marconi Club, in Beehive Lane.
Here are the details of the proposal that was approved by the council, with the decision notice issued on 10/05/24
Also in the Design & Access Statement is a detailed list of activities that were currently taking place at the Marconi Club in 2004:
And missing from both lists, is any mention of public worship or religious education.
The 2008 & 2011 Amendments
In 2008 a minor amendment to the application was passed, with the development described as
“The new building would provide a community hall , bar, games room, a gymnasium, three squash courts and ancillary facilities on the ground floor with an additional bar, games room , meeting rooms and changing rooms with in a first floor”.
A further minor amendment was passed in 2011, dealing with car parking and rubbish storage.
Change of Use Classes 2020
In 2020 the government reviewed the Use Classes Order 1987, and removed the general description for community facilities (D1), replacing it with a new class F1.
The bulk of the escalation of the use of Hamptons as a mosque, occurred after the new classes were introduced, and if the uses were not present when the governing planning permission was granted, it’s clearly a change of the building’s use
A Change of use has occurred
Compare the uses that were approved as part of the original planning application, to what’s happened at Hamptons over the last four years. In particular:
The removal of the bars
The creation of a mosque area
The provision of over 100 hours of public worship and religious education
The installation of ritual ablution facilities
The introduction of fully segregated activities
Forcing out all the dance and leisure activities to make way for religious activities
Refusing bookings that don’t fit in with the mosque’s ethos and values.
Discriminating against non Muslim members and residents.
Noise and disturbance to the residential amenity from anti social parking.
Noise and disturbance to the residential amenity from the night time use of the venue
Noise and disturbance to the residential amenity by using a PA system to broadcast the call to prayer
How could any reasonable person not conclude that a change of use, from the original planning permission has occurred ?
And how could anyone claim that the character and nature of the venue hasn’t changed ?