The Riverine Mosque Development
The total absence of any movement on the Riverine site by Newham Council gives rise to concerns about any future plans which have been concocted in relation to the site. Given the absence of any action on the site Open Newham is concerned that Mayor Fiaz will instigate changes to the local planning policy and a new plan, one which is not substantively different from the two which have been rejected will be presented and passed. This will be by way of pay-back for support in getting her elected.
We may be wrong. We hope that we are.
But we are watching.
Background Paper
The Site
The Riverine Centre development has been variously known as Masjid e Ilyas, or ‘the Markaz’ or the ‘mega-mosque’. We say development. Currently it is contaminated land which the courts have closed for use, largely because the planning permission that the Trust had acquired, came to an end. The Trust had unlawfully been operating for several years before the courts ordered the closure in January 2018.
The land lies to the west of Manor Road and north of the District Line Tube track.
The architects who were engaged by the Trust drew up this image of what the last proposed (and rejected) development would look like.
The owners of the land operate as a part of Tablighi Jamaat, a particularly conservative religious group based in India. The owners are shown in the following, taken from the entry on the Land Register.
Title absolute
1 PROPRIETOR: ZULFIQAR ALI of 12 Langdale Street, London E1 1QW and IBRAHIM AHMED SHAIKH of 40 Osbaldeston Road, London N16 7DP and SOLAD SAKANDAR MOHAMMED of 32 Riggindale Road, Streatham, London SW16 1QJ the trustees of ANJUMAN-E-ISLAHUL-MUSLIMEEN OF (LONDON) U.K.
2 (02.07.1998) A Transfer of the land edged blue on the filed plan dated 5 November 1996 made between (1) R.T.Z. Estates Limited (Vendor) (2)Western Properties Limited and (3) Zulfiqar Ali, Ibrahim Ahmed Shaikh and Solad Sakandar Mohammed (Sub-Purchasers) contains purchasers' personal covenants details of which are set out in the schedule of personal covenants hereto
History
Abbey Mills Riverine Centre
In November 1996 individuals acting under the name of ANJUMAN-E-ISLAHUL-MUSLIMEEN OF (LONDON) U.K. and acting as members or agents of Tablighi Jamaat purchased a highly contaminated piece of land from RTZ in the West Ham Ward of the London Borough of Newham. The site was known locally as the Burke-Spencer site, that being the name of the chemical works previously on the site.
The centre has also been known as the Mega-Mosque and was the subject of a highly contentious campaign by former councillor Alan Craig of the Christian People’s Alliance, the CPA (and latterly of UKIP). Mr Craig had initially supported the construction of a mosque in 2002 but changed policy later and opposed the mosque.
Conservative GLA member Andrew Boff briefly threw his weight behind the mosque application. This short term support coincided with a council election when a surprisingly large number of Conservative candidates happened to be Muslims.
Context
The Abbey Mills Riverine Centre site was used for the production of chemicals, from the late nineteenth century until the late 1980s, after which the site was partly cleared. The Trust purchased the site in 1996, and used it as a place of worship without planning permission.
Following negotiations with the Trust in the late 2000s and with a failure of the Trust to meet their promises on homes and jobs, LB Newham issued an enforcement notice in February 2010. The notice was appealed, which resulted in a Public Inquiry in February 2011.
On the basis that the site would be appropriately redeveloped (in accordance with Newham’s relevant planning policies) and that a valid planning application for a suitable mixed-use redevelopment would be submitted to the Council, the Planning Inspector granted a temporary 2-year consent for the continued use of the site and retention of the buildings.
Planning and Legal Issues
2012
An outline planning application was submitted to the Council in September 2012, for the erection of a large mosque and facilities, including eight accommodation units for guests, a library and a dining hall, a multi-use games area, tennis courts, and parking.
This application was not compliant with Newham planning policy. The application was therefore refused permission in December 2012.
2013
In May 2013, the Trust then submitted a planning application seeking to retain the temporary mosque for a further two-year period. The Council declined this and issued another enforcement notice.
The Trust lodged an appeal and the Council started legal proceedings. The Council’s legal claim was heard in May 2013 in the High Court and an injunction was subsequently issued compelling the Trust to quit the site. Following several further legal appeals, the injunction was upheld but suspended pending the outcome of the planning appeals noted above.
2014
A second Public Inquiry sat for 12 days in June 2014.
In October 2015 the Council won all three appeals and the Communities Secretary declined to grant further temporary planning permission to the Trust upholding the planning enforcement notice issued by the Council in 2013.
The Trust attempted and failed to challenge the High Court’s decision in the Court of Appeal.
2015
The Council won three planning appeals on the Abbey Mills Riverine Centre site in October 2015. The Anjuman-e-Islahul Muslimeen, London, of the UK Trust (the Trust), were refused permission by the High Court to seek a Judicial Review of the appeal decisions in May 2016.
2016
An appeal was made to the Secretary of State and he upheld the council’s decision. The Secretary of State for Communities and Local Government agreed with Newham that the plans for a large mosque on the site were not in line with local planning policies. The appeal failed in part because the proposal did not provide much needed homes and jobs. The Trust were given until January 2018 to cease activities on the site.
The Trust would be expected to fully and promptly comply with the Planning Enforcement Notice and High Court injunction. They did not and have continued to use the site contrary to planning law.
The Mayor of Newham, Rokhsana Fiaz OBE has refused to take any enforcement action in respect of the site. She has brought forward no new plans for the development of the site, which remains largely empty and contaminated.
Useful Links
LBN Planning Inquiry Statement 2015
Planning Inspector’s Report 2015
Newham Recorder clearance order 2018
Newham Recorder Town Hall Protest (NPA Protest 1)