Sheffield City Council Place

SHEFFIELD CITY COUNCIL PLACE

REPORT TO CITY CENTRE SOUTH DATE 12.07.2010 AND EAST PLANNING AND HIGHWAYS COMMITTEE

REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

THE BACKGROUND PAPERS ARE IN THE FILES IN RESPECT OF THE PLANNING APPLICATIONS NUMBERED.

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

CONTACT POINT FOR ACCESS Lucy Bond TEL NO: 0114 2734556 Chris Heeley 0114 2736329

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

10/01688/CHU Unit 16 Clarence Works 7 Effingham Road Sheffield S4 7YS

10/01614/LBC (Formerly PP- Leopold Square 00710293) Sheffield 15 S1 2JG

10/01597/ADV (Formerly PP- Leopold Square 00682433) Sheffield 22 S1 2JG

10/01552/CHU Swit Swoo 831 Chesterfield Road 25 Sheffield S8 0SQ

10/01523/FUL (Formerly PP- Ali's Mini Market 01080007) 233 Abbeydale Road 32 Sheffield S7 1FJ

10/01437/FUL 985 Ecclesall Road Sheffield 39 S11 8TN

10/01398/FUL King Edward VII School Glossop Road 45 Sheffield S10 2PW

10/01383/FUL (Formerly PP- 31 Wicker 01069139) Sheffield 59 S3 8HS

10/01381/FUL Land North West Of 11 And 13 Archer Drive 65 Sheffield

10/01333/FUL (Formerly PP- Lajawab Indian Restaurant 01950723) 386 Handsworth Road 81 Sheffield S13 9BY

10/01309/FUL The Sloan Practice 249 - 251 Chesterfield Road 110 Sheffield S8 0RT

10/01236/FUL Land Between Arundel Gate Clay Lane And Eyre Lane 119 Charles Street Sheffield

10/01055/REM Ringinglow Road Fire Station Ringinglow Road 155 Sheffield S11 7TA

10/00993/CHU Ground To Second Floor Offices 447 Glossop Road 173 Sheffield S10 2PR

10/00918/OUT (Formerly PP- Sheffield United Football Club 01019928) Land On Corner Of Shoreham Street And John 182 Street Highfield Sheffield S2 4RD

10/00868/FUL (Formerly PP- Buildings Adjacent Manor Oaks Cottages 01015951) Manor Lane 206 Sheffield S2 1UL

09/03967/CHU Dore Moor Coffee Shop Dore Moor Nursery 213 Brickhouse Lane

4 Sheffield S17 3DQ

09/03455/FUL 1 Grange Mill Lane Sheffield 225 S9 1HW

09/03207/CAC Land At Crookes Road And Taptonville Road (Site Of Tapton Hall Of Residence And 30, 38 243 And 46 Taptonville Road) Sheffield

07/01380/FUL Land At Crookes Road And Taptonville Road Crookes Road 248 Sheffield S10 2AZ

5 6 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning PLACE To The CITY CENTRE SOUTH AND EAST Planning And Highways Committee Date Of Meeting: 12/07/2010

LIST OF PLANNING APPLICATIONS FOR DECISION OR INFORMATION

*NOTE* Under the heading “Representations” a Brief Summary of Representations received up to a week before the Area Board date is given (later representations will be reported verbally). The main points only are given for ease of reference. The full letters are on the application file, which is available to members and the public and will be at the meeting.

Case Number 10/01688/CHU

Application Type Planning Application for Change of Use

Proposal Change of use to gym (Use class D2)

Location Unit 16 Clarence Works Effingham Road Sheffield S4 7YS

Date Received 24/05/2010

Team CITY CENTRE AND EAST

Applicant/Agent CS Surveying & Architectural Design Ltd

Recommendation Grant Conditionally

Subject to:

1 The development must be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 The development must be carried out in complete accordance with the following approved documents;

Plans CS0846-1 and CS/0846/2 dated 24th May 2010.

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

3 The application site shall only be used as a gym within Use Class D2 of the Town and Country Planning Use Classes Order (1987) (as amended).

In order to define the permission.

Attention is drawn to the following justifications:

1. The decision to grant permission and impose any conditions has been taken having regard to the relevant policies and proposals form the Yorkshire and Humber Plan, the Sheffield Development Framework and the Unitary Development Plan set out below:

IB5 - Development in General Industry Areas IB9 - Conditions on Development in Industry and Business Areas CS67 - Flood Risk Management SDF Core Strategy and guidance within PPS25

The development complies with the relevant policies and proposals, and would not give rise to any unacceptable consequences to the environment, community or other public interests of acknowledged importance.

This explanation is only intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report at www.sheffield.gov.uk/planningonline or by calling the Planning Help Line at (0114) 273 4215.

8 Site Location

LOCATION AND PROPOSAL

This application relates to Unit 16 at Clarence Works, which is a traditional two- storey industrial workshop complex that has been separated into individual units. Clarence Works is constructed in red brick with recessed metal windows that are presently coated blue. The Works form a courtyard complex with a frontage to both Effingham Road and Foley Street with a curved brickwork frontage at the junction of these two roads. Vehicular access to the site is secured via either Effingham Road or Foley Street with access into a shared parking area within the courtyard.

Unit 16 is a 135 square metre ground floor premises situated in the part of the building at the junction of Effingham Road and Foley Street. It is positioned below Unit 14, which is occupied by Sheffield Thai Boxing. The main entrance into the unit is provided within the courtyard with pedestrians able to enter from either Effingham Road or Foley Street. The applicant has advised that the unit was formerly used as a workshop but is presently vacant and has been for some time. A range of other uses within Clarence Works includes a joinery and the boxing gym. The surrounding area is entirely commercial in character and includes various business and commercial units.

This application proposes the change of use of Unit 16 from vacant workshop (Use Class B2) to a gym within Use Class D2. The applicant does not propose any external changes to the building and minimal changes are proposed to the interior of the building as the Unit already incorporates a small office area and a W.C.

RELEVANT PLANNING HISTORY

There is no planning history directly relevant to this application.

SUMMARY OF REPRESENTATIONS

The application was advertised by means of neighbour notification. No letters of representation have been received.

PLANNING ASSESSMENT

This application proposes the change of use of a vacant workshop unit within Clarence Works to a gym within Use Class D2. The principle issues to consider in the determination of this application include the following:

(i) Principle of development – Policy and Land Use; (ii) Flood Risk; (iii) Amenity considerations; (iv) Highways.

The Council is also required to consider any representations received as a result of the public consultation exercise.

10 Policy and Land Use

The application site is designated for General Industry within the Sheffield Adopted Unitary Development Plan. Policy IB5 of the UDP relates to development in General Industry Areas and advises that General Industry (Use Class B2) and Warehousing (Class B8) are the preferred uses. A number of other uses are also deemed acceptable, including leisure and recreation facilities (Use Class D2), as proposed in this instance. Indeed, the supporting text to Policy IB5 states that uses like sports facilities can help to meet the needs of workers. The principle of the proposed change of use if therefore in accordance with Policy BE5.

However, it is also relevant to acknowledge Policy IB9 of the UDP, which relates to conditions on development in Industry and Business Areas. It advises that in Industry and Business Areas, new development or change of use will be permitted provided that (as relevant to this application) it would (a) not lead to a concentration of uses which would prejudice the dominance of industry and business in the area or cause the loss of important industrial sites; (d) not harm the quality of the environment to such an extent that other new industry and business development would be discouraged; and (e) be adequately served by transport facilities and provide safe access to the highway network and appropriate off-street parking.

In this case, the application site is located within a general industrial area where employment uses remain dominant. Although there is another gym within Clarence Works (Sheffield Thai Boxing), which has been within the premises for many years, this building and the surrounding area largely remain within the preferred uses. In addition, the change of use of 135 square metres of floorspace at Unit 16 from vacant workshop space to a gym is not considered to harm the quality of the environment to such an extent that other new industry and business development would be discouraged in the future. Therefore, on balance, the proposal will bring about the re-use of a vacant unit and is considered acceptable in accordance with Policies IB5 and IB9 of the UDP.

Finally, it is relevant to note that Planning Policy Statement 4: ‘Planning for Sustainable Economic Growth’ identifies that main town centre uses include ‘more intensive sport and recreation uses’ such as health and fitness centres. Accordingly, a gym within Use Class D2 is essentially a town centre use, albeit that PPS4 refers specifically to ‘more intensive uses’ rather than small businesses such as the applicant’s. The objective of PPS4 is to help achieve sustainable growth and to encourage development towards the town centre in the first instance, through a sequential approach to development and an assessment of the impact of the proposal. The latter is primarily required for developments over 2500 square metres. The sequential approach is required for applications for main town centre uses that are not in an existing centre and are not in accordance with an up-to-date development plan. In this case, the proposed gym extends to only 135 square metres and is of such a small scale that is not considered to be detrimental to the economic growth of any surrounding retail centres. Moreover, it is also in accordance with an up-to-date development plan and in a location that is accessible by public transport being only 0.4 miles to Hyde Park tram stop. On this basis, it is not considered to conflict with the objectives of PPS4.

Flood Risk

The application site lies within Flood Zone 2 as defined by the Environment Agency, which is a site with a medium probability of river flooding based upon a 1 in 100-year scenario.

National planning advice in relation to flood risk is set out in PPS25: Development and Flood Risk. Paragraph D15 of PPS25 states that minor applications and changes of use should still meet the requirements for Flood Risk Assessments and flood risk reduction, as set out in Table D1 of PPS25. Table D1 confirms that a less vulnerable use of land, such as buildings used for assembly and leisure (Use Class D2) are appropriate in this zone. As such, the application is not considered contrary to advice within PPS25.

However, Table D1 clarifies that all development proposals in this zone should be accompanied by a Flood Risk Assessment, which the application has submitted for consideration. In this instance, there is no requirement to consult the Environment Agency on the FRA in accordance with the Environment Agency’s Standing Advice for Local Planning Authorities PPS25 v2.0, which confirms that the EA have no comments to make regarding change of use applications not included within their standing advice matrix. However, the FRA has been fully considered and it is noted that no changes are proposed to the management of surface water as a result of this development and that there are no other sources of flooding. The application will also be encouraged to sign up to the EA’s flood warnings system. On this basis, the proposed development is considered to accord with the principles of PPS25.

Finally, within the SDF Core Strategy, Policy CS67 also relates to flood risk management and advises that the extent and impact of flooding will be reduced by a number of measures, including the use of sustainable urban drainage (SUDS) and ensuring that any highly vulnerable uses are not located in areas with a high risk of flooding. In this case, the application proposes the re-use of an existing building with no physical alterations to the structure. It is also to be occupied by a use that is defined as ‘less vulnerable’ within PPS25 and appropriate within Flood Zone 2. It is therefore considered that the proposed use will not have any impact on flooding in the locality and given that it is an appropriate use within this flood zone in terms of vulnerability, the principle of development is considered to accord with Policy CS67.

Amenity

The application site is located within a commercial area such that there will be no impact on the amenity of any residential units. However, it is considered appropriate to assess whether the proposed use as a gym could impact upon the other commercial operations within the building. The applicant has advised that he intends to open between the hours of 1000 and 2030 Monday to Friday, between 1000 and 1700 on Saturdays and between 1000 and 1400 on Sundays. Accordingly, the gym will be operational at the same time as the existing businesses during the week. It is determined, however, that a gym facility could

12 meet the needs of workers within this location and is compatible with the character of the area such that there is no issue in terms of any detriment to the amenity of adjoining businesses. It is also determined that because of the very commercial nature of the business, there is no specific need to limit the hours of use of the gym in this instance but a restriction is proposed to ensure that it can only be used as a gym and for no other purpose within Use Class D2 without seeking a further permission, to ensure that any other assembly and leisure use can be properly considered.

Highways

Policy T21 of the UDP relates to car parking in new development and advises that provision will be made for car parking where it would meet the operational needs of businesses; or be essential for the viability of a new development. In this case, the applicant has access to two spaces within the courtyard.

The site is accessible to Hyde Park Supertram stop and it is also noted that a number of the surrounding streets, including Foley Street, have no limitations such that they can provide on-street parking subject to availability. Given that a gym facility is considered appropriate in a general industrial area as it can help to meet the needs of workers, such that members of the gym may already be in the area, and given the provision of some parking and accessibility to public transport, the application is considered acceptable with regard to highway provision.

SUMMARY AND RECOMMENDATION

This application proposes the change of use of a vacant unit at Clarence Works from a vacant workshop (Use Class B2) to a gym (Use Class D2). No external changes to the building are proposed.

The application site lies within a General Industrial Area as defined within the Sheffield UDP. Although Policy IB5 of the UDP identifies General Industry (Use Class B2) and Warehousing (Class B8) as the preferred uses within such areas, a number of other uses, including leisure and recreation facilities, are also deemed acceptable such that the principle of a gym is not considered to be contrary to Policy IB5. Moreover, in accordance with Policy IB9 of the UDP, it is clear that the application site is located within a general industrial area where employment uses remain dominant and in an area where a gym of this scale is not considered to harm the quality of the environment to such an extent that other new industry and business development would be discouraged in the future. It is therefore considered to accord with Policies IB5 and IB9 of the UDP.

The application site lies within Flood Zone 2, which is at a medium risk of flooding. However, it is concluded that the proposed use will not have any impact on flooding in the locality and given that it is an appropriate use within this flood zone in terms of vulnerability, the principle of development is considered to accord with Policy CS67 of the Core Strategy and guidance within PPS25.

Finally, it is concluded that a gym facility could meet the needs of workers within the surrounding area and it is therefore compatible with the character of the area

13 such that there is no issue in terms of any detriment to the amenity of adjoining businesses. Moreover, whilst the application site provides limited car parking, there is unrestricted on-street parking within the close vicinity of the site and access to Hyde Park Supertram stop. It is also envisaged that the majority of customers will visit the gym either from the immediate locality or in the evenings and weekends, when the surrounding industrial/office uses are largely closed such that there should be no parking conflict with existing uses.

Overall, the proposed development is considered to comply with current planning policy as set out in the report above and is therefore recommended for approval subject to conditions.

Case Number 10/01614/LBC

Application Type Listed Building Consent Application

Proposal 2 x internally illuminated double sided projecting signs

Location Leopold Square Sheffield S1 2JG

Date Received 27/05/2010

Team CITY CENTRE AND EAST

Applicant/Agent Axis Architecture

Recommendation Grant Conditionally

Subject to:

1 Before development commences details of how the signage is to be fixed to the building shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in strict accordance with these agreed details thereafter.

In order to ensure an appropriate quality of development.

2 Before development commences, samples of the external materials to be used in the construction of the sign, including finishes, shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in strict accordance with these agreed details thereafter.

In order to ensure an appropriate quality of development.

3 The development shall be carried out in strict accordance with plan reference 23061(01)02 (Revision A) received on 27 May 2010 and 23061(01)01 Revision B received on 30th June 2010.

In order to define the permission.

Attention is drawn to the following justifications:

15 1. The decision to grant permission and impose any conditions has been taken having regard to the relevant policies and proposals from the Yorkshire and Humber Plan, the Sheffield Development Framework and the Unitary Development Plan set out below:

BE13 - Advertisements (Unitary Development Plan) BE16 - Development in Conservation Areas (Unitary Development Plan) BE19 - Development Affecting Listed Buildings (Unitary Development Plan)

It is considered that the materials, design and siting of both signs are of a high quality and the applicant has paid due regard to the interests of the Grade II Listed Building, the City Centre Conservation and the wider visual amenity of the area.

Given the limited and static nature of the illumination the proposals are not considered to have any adverse impact on highway safety.

16 Site Location

LOCATION AND PROPOSAL

Consent was granted to convert these former education buildings into a collection of bars, restaurants, a hotel and residential accommodation in 2004. The scheme, now known as Leopold Square, which also includes a new two storey range fronting West Street, is made up of an imposing series of stone buildings of varied architectural styles, forming a very attractive group distinct from any other cluster of buildings within the city centre. All of the buildings within the refurbishment project, other than the new West Street range, are Grade II Listed. The site also falls within the City Centre Conservation Area.

This is an application for Advertisement Consent and Listed Building Consent to erect two large double sided projecting signs both measuring approximately 5 metres in length. One sign will be set on the new West Street wing and the other will be set on the Leopold Street frontage close to the corner with Orchard Lane. The signs will be internally illuminated and constructed in a bronzed coloured metal with raised lettering.

This city centre location is of a mixed commercial nature with the majority of the upper floors surrounding the site being in office and residential uses and ground floors being taken up by a range of shops, financial & commercial uses and food and drink outlets.

19 RELEVANT PLANNING HISTORY

Consent was granted for the wider refurbishment and redevelopment of Leopold Square in 2004 (03/03161/FUL & 03/03162/LBC & 03/03163/CAC).

PLANNING ASSESSMENT

Background

The applicant and operators have conveyed to the Local Planning Authority (LPA) that the Square has suffered commercially because of poor external signage. As a result, the applicant has undertaken a number of discussions with the LPA to arrive at the current scheme. The main desire for the applicant is to have a stronger presence on both main road frontages and for the signage to be visible from longer views, particularly from the top of Fargate.

Visual Amenity

BE13: Advertisements within the Sheffield Unitary Development Plan (UDP) states that illuminated advertisements will be permitted only if they would not harm the character or appearance of the area. BE13 also states that the design of all signs and advertisements will be co-ordinated where the scale of the development requires it.

BE16: Development in Conservation Areas within the UDP states that advertisements should preserve or enhance the character or appearance of the area.

BE19: Development Affecting Listed Buildings within the UDP states that proposals for internal or external alterations which would affect the special interest of a Listed Building will be expected to preserve the character and appearance of that building.

Planning Policy Statement 5: Planning for the Historic Environment (PPS5) is relevant; the overarching aim of this document is that the historic environment and its heritage assets should be conserved and enjoyed for the quality of life they bring to this and future generations.

Signage Strategy

The architects for the original Leopold Square development produced a strategy in an attempt to coordinate signage across the site, as advocated within Policy BE13. From the original agreed version, the strategy has evolved as a result of the changing economic circumstances and the commercial requirements of the operators. Although this evolution has allowed greater flexibility in respect of some smaller details, the overriding principles, which largely include design and materials for the main building signage, have remained. It is noted that this strategy carries no material weight.

20 The applicant has worked closely with the LPA to ensure that both signs sit comfortably within the existing building details. The sign fronting West Street will be attached to the projecting frame and in front of an existing mullion detail. The sign will compliment this more contemporary wing and will be an acceptable addition in the conservation area.

The sign fronting Leopold Street is attached to the Listed Building, which is rich in architectural detail. The applicant has carefully positioned the sign in such a way as to best respect this detail, as it is set below the capital detail and on a section of the building that already has a strong vertical character. Although it must be acknowledged that a sign of this scale on a Grade II Listed Building is not ideal, the commercial need is understood, and on balance the principle of a sign is this location is regarded as acceptable in this instance.

The proposed bronze coloured metal, which forms the main body of the signage, is in keeping with other signage throughout the Square and the agreed signage strategy. It is also considered that the overall design concept of the proposals, which includes their slim nature and the transparent projecting lettering, helps create unique features that are contemporary and complimentary to their conservation setting.

The proposed signs are therefore considered to comply with Policies BE13, BE16 & BE19 of the Sheffield Unitary Development Plan, PPS5 and are within the sprit of the agreed Leopold Square Signage Strategy.

Highways

BE13: Advertisements within the UDP states that illuminated advertisements will be permitted only if they would not be a traffic hazard.

Given the limited and static nature of the illumination, the proposals are not considered to have any adverse impact on highway safety.

It is also considered that the proposals would be set back a sufficient distance from the highway to ensure that any potential to be struck by vehicles would be negligible.

SUMMARY & RECOMMENDATION

Given the limited and static nature of the illumination, the proposals are not considered to have any adverse impact on highway safety.

These applications for advertisement consent and listed building consent are therefore recommended for conditional approval.

Case Number 10/01597/ADV

Application Type Advertisement Consent Application

Proposal 2 x internally illuminated double sided projecting signs

Location Leopold Square Sheffield S1 2JG

Date Received 26/05/2010

Team CITY CENTRE AND EAST

Applicant/Agent Axis Architecture

Recommendation Grant Conditionally

Subject to:

1 Notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007(and any order revoking and re-enacting the Regulations) this condition removes deemed consent rights on expiry of the time limit. Therefore, the time limit of this consent is 17th May 2060.

In order to define the permission.

2 The development shall be carried out in strict accordance with plan reference 23061(01)02 (Revision A) received on 26 May 2010 and 23061(01)01 (Revision B) received on 30th June 2010.

In order to define the permission.

Site Location

For report please see 10/01614/LBC

Case Number 10/01552/CHU

Application Type Planning Application for Change of Use

Proposal Change of use from tattoo parlour (sui generis use) to sandwich shop/café (mixed use A3/A1) (Amended description)

Location Swit Swoo 831 Chesterfield Road Sheffield S8 0SQ

Date Received 13/05/2010

Team SOUTH

Applicant/Agent Mrs Pauline Higton

Recommendation Grant Conditionally

Subject to:

1 The development must be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 Prior to the installation of any apparatus for the arrestment and/or discharge of kitchen fumes and odours, full details thereof shall have been submitted to and approved by the Local Planning Authority. After installation, such equipment shall be retained, operated and maintained for the purpose for which it was installed.

In the interests of the amenities of the locality and occupiers of adjoining property.

3 The café/sandwich shop shall not be used on any Sunday or any Public Holiday and shall be used only between 08:00 hours and 14:00 hours (Mondays to Fridays) and 08:00 hours and 13:00 hours (Saturdays).

In order to define the permission.

25 4 The development must be carried out in complete accordance with the following approved documents;

Layout drawing submitted on 21/05/10 Supporting letter dated 21/05/10

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

1. The decision to grant permission and impose any conditions has been taken having regard to the relevant policies and proposals from the Yorkshire and Humber Plan, (also taking into account the Secretary of State's, stated intention to abolish Regional Strategies) the Sheffield Development Framework and the Unitary Development Plan set out below:

S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas CS34 - District Centres

Overall it is considered that the development complies with the relevant policies and proposals, and would not give rise to any unacceptable consequences to the environment, community or other public interests of acknowledged importance.

Attention is drawn to the following directives:

1. The developer's attention is drawn to:

(i) Sections 4 and 7 of the Chronically Sick and Disabled Persons Act 1970, as amended; and

(ii) the code of Practice for Access of the Disabled to Buildings (British Standards Institution code of practice BS 8300) or any prescribed document replacing that code.

Section 4 sets requirements for access to, and facilities at, premises. Section 7 requires a notice or sign to be displayed, indicating that provision is made for the disabled.

If you require any further information please contact Brian Messider or Simon Ovendon on Sheffield 2734197.

26 Site Location

LOCATION AND PROPOSAL

The application relates to a single unit within a parade of small shops in the Woodseats District Shopping Centre. The shop unit was most recently briefly used as a tattoo studio (sui generis use) but is currently vacant. It had previously been a designer clothes shop (Class A1). The building has a deep signage fascia, recessed doorway with level threshold and a solid roller shutter.

There is a flat above the shop (No831A) and also above the adjoining Chinese medicine clinic (No833 – Class D1). The property to the other side (829) is a takeaway (Class A5) which appears to have ancillary accommodation above. ‘The Big Tree’ public house lies directly opposite the site.

The application is to use the shop unit as a café and for the sale of hot and cold sandwiches. No external alterations are proposed. The description of the application was originally for a mixed Class A3 (restaurant & cafés)/A5 (hot food takeaways) but has been amended to a mixed Class A3/A1(retail) use which better reflects the nature of the proposed business.

The proposed opening hours are 08:00 – 14:00 hours (Mondays to Fridays) and 08:00 – 13:00 hours (Saturdays) with no opening on Sundays/Bank Holidays.

RELEVANT PLANNING HISTORY

Planning permission for the tattoo studio was granted in September 2009 (ref 09/02446/FUL).

SUMMARY OF REPRESENTATIONS

One letter of objection has been received from the operator of a nearby café at No837 Chesterfield Road. The objector has also submitted a petition opposing the proposals (108 signatures).

The objections are summarised below.

- Chesterfield Road already overrun by cafes and takeaways – not in the interests of the street, community or local businesses to open another one so close to existing cafés/sandwich shops - Businesses already suffering – will dilute business further and result in some shops closing - Shop unit is suitable for many alternative retail uses - Insufficient parking in Chesterfield Road – this type of business attracts a lot of passing trade - No837 received no notification

PLANNING ASSESSMENT

Land Use Policy

The site lies within a District Shopping Centre (DSC) as defined in the adopted Unitary Development Plan (UDP). There are no proposals to change this designation in the Sheffield Development Framework (SDF) Proposals Map.

Assessment

Retail (Class A1) uses are the preferred land use in accordance with UDP Policy S7 (Development in District and Local Shopping Centres). UDP Policy S10(a) (Conditions on Development in Shopping Areas) permits changes of use provided that the new use would not lead to a concentration of uses that would prejudice the dominance of preferred uses in the Area or its principal role as a Shopping Centre.

The former tattoo studio use falls outside the retail (Class A1) definition and does not fall within any Use Class. The proposals therefore do not involve the loss of a preferred Class A1 use. Consequently the proposed mixed Class A3/A1 use will not undermine the function of the DSC and the proposals comply with Policy S10(a). It should be noted that the change of the former retail use to the tattoo studio use was considered acceptable in terms of Policy S10(a) in September 2009 with 59% of units in the DSC remaining in Class A1 uses.

National planning policies in PPS4: Planning for Sustainable Economic Growth require Local Planning Authorities to promote competitive town centre and environments and provide consumer choice by, amongst other things, ‘supporting a diverse range of uses which appeal to a wide range of age and social groups, ensuring that these are distributed throughout the centre.’

29 Core Strategy Policy CS34 encourages DSC’s to fulfil everyday needs by providing ‘a range of retail, leisure and community facilities, appropriate in scale and function to the role of the centre’.

There is a good range of shops and other complimentary facilities across the Woodseats DSC as a whole. In terms of distribution, this small parade within the Centre comprises 9 units, 3 of which are in Class A1 use. The remaining units are a launderette (sui generis), two take-aways (Class A5), a café/sandwich shop (Class A1/A3) and a Chinese medicine clinic (Class D1). Immediately beyond the parade are the much larger Netto and Iceland food stores. Opposite the site is a public house (Class A4).

The proposed change of use will provided additional day time competition for existing businesses in a difficult economic climate but will also increase choice for consumers. The proposed café/sandwich shop is of appropriate scale and will not undermine the vitality or viability of the DSC or result in a concentration of Class A3 uses in this part of the DSC.

In view of the above, the proposals comply with UDP Policies S7 and S10(a), Core Strategy Policy CS34 and national policy in PPS4.

Amenity Issues

The applicant has confirmed that no specialist extraction equipment is required and food will be prepared by domestic scale cooker, microwave, deep fat fryer and grill. An extract grill is indicated on the rear elevation of the off-shot kitchen. Although the details provided are limited, the installation is of domestic scale and intended to increase air flow rather than discharge fumes. A condition requiring details can be attached to any planning permission granted.

The limited food preparation requirements, together with the day time opening hours, will maintain adequate residential amenity for occupiers of the existing first floor flats. The proposals therefore comply with UDP Policy S10(b).

Inclusive Access

The shop unit has level access and the existing shop front is to be retained. No improvements are necessary and the proposals comply with Policy BE7 (Design of Buildings used by the Public).

Highway Issues

There is no off street parking to serve the shop unit. The café/sandwich shop is small scale and is expected to be used by people already in the DSC or those living within the large surrounding residential catchment rather than generating trips in its own right. Deliveries to the shop are not expected to be any more frequent than those associated with most retail uses.

In view of the above, the proposals are acceptable in highway terms and comply with UDP Policy S10(f).

SUMMARY AND RECOMMENDATION

The shop unit is currently vacant. The proposed use is an acceptable form of development within a District Shopping Centre (DSC) in accordance with UDP Policy S7. Retail uses continue to dominate within the DSC and the shopping function will not be undermined. The café/sandwich shop will only be open during the day time and will add to the vitality of the DSC and the services on offer.

Adequate residential amenity will be maintained for occupiers of flats above the shops and no alterations for Inclusive access are required. The café is small scale and not expected to generate additional traffic.

Overall, the proposals comply with the quoted policies and it is recommended that planning permission is granted subject to appropriate conditions.

Case Number 10/01523/FUL

Application Type A Full Planning Application

Proposal Use of building as a hot food take away (Use class A5) including fume extration chimney to rear

Location Ali's Mini Market 233 Abbeydale Road Sheffield S7 1FJ

Date Received 18/05/2010

Team SOUTH

Applicant/Agent Cero Architecture

Recommendation Grant Conditionally

Subject to:

1 The development must be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 The hot food takeaway shall be used for the above-mentioned purpose only between 0900 hours and 2300 hours.

In the interests of the amenities of the locality and occupiers of adjoining property.

3 Prior to the use commencing, full details of the system of fume extraction shall be submitted to and approved in writing by the Local Planning Authority.

In the interests of the amenities of the locality and occupiers of adjoining property.

4 No amplified sound or live music shall be played either within or without the premises nor shall loudspeakers be fixed at any time outside the building.

In the interests of the amenities of the locality and occupiers of adjoining property.

5 No movement, sorting, or removal of waste bottles, materials or other articles, nor movement of skips or bins shall be carried on outside the building within the site of the development between 23:00 hours and 07:00 hours Monday to Saturday and 23:00 to 09:00 hours Sundays and Public Holidays.

In the interests of the amenities of the locality and occupiers of adjoining property.

6 The opening windows and doors at the rear of the property shall be kept closed between 0900 hours and 2300 hours, and shall not at any time be opened otherwise without the prior written approval of the Local Planning Authority.

In the interests of the amenities of the locality and occupiers of adjoining property.

7 No deliveries shall be made to the premises between 2300 - 0700 hrs Monday - Saturday and 2300-0900 hrs Sunday and Public Holidays.

In the interests of the amenities of the locality and occupiers of adjoining property.

8 The residential accommodation at first and second floor shall only be occupied by the operator of the A5 unit or persons employed therein unless full details of sound insulation measures have been implemented, details of which shall have been submitted to and approved in writing by the Local Planning Authority prior to installation. Thereafter the approved sound insulation measures shall be retained.

In the interests of the amenity of the occupant of this flat.

9 No externally mounted plant or equipment for heating, cooling or ventilation purposes, nor grilles, ducts, vents for similar internal equipment, shall be fitted to the building unless full details thereof have first been submitted to and approved by the Local Planning Authority, and once installed such plant or equipment should not be altered without prior written approval of the Local Planning Authority.

In the interests of the amenities of the locality and occupiers of adjoining property.

10 The fire exit doors shall only be used as an emergency exit and shall not at any other time be left standing open.

In the interests of the amenities of the locality and occupiers of adjoining property.

11 The opening windows/shutters shall be kept closed between 2000 hours and 0700 hours, and shall not at any time be opened otherwise without the prior written approval of the Local Planning Authority.

In the interests of the amenities of the locality and occupiers of adjoining property.

Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas

The proposed takeaway use is an acceptable form of development within a Local Shopping Centre (LSC) in accordance with UDP Policy S7. The proposed use will not affect the vitality and viability of the LSC and will add to the range of food and drink uses currently on offer. Although balanced, the loss of a retail unit will not prejudice the main shopping function of the wider LSC and the proposals therefore comply with Policy S10(a).

34 Site Location

LOCATION AND PROPOSAL

The site is a vacant retail shop unit in a Local Shopping Centre. The property is in a row of similar properties that lie between Miller Road and Chippinghouse Road. Adjoining the site is a take-away with flat above (235) and a Chartered Accountancy with flat above (231). Semi detached housing lies to the rear of the site on Marples Drive. There is independent access to the first floor provided by a fire escape style stair to the rear.

The application is for the sale of takeaway hot food (Class A5). An external flue is proposed to the rear elevation. No other external alterations are proposed. The proposed opening hours are 11:00 – 23:00 hours.

RELEVANT PLANNING HISTORY

Planning permission has previously been refused for a similar scheme in 1981 (81/00260/FUL), and twice in 1987 (87/00899/FUL & 87/02146/FUL)

On all of these occasions permission was refused on the grounds of noise, disturbance and absence of off street car parking.

It should be noted that all of these applications significantly pre-date the adoption of the current Unitary Development Plan

SUMMARY OF REPRESENTATIONS

There have been no letters of representation

PLANNING ASSESSMENT

Land Use Policy

The site is located within a Local Shopping Centre (LSC) as defined in the Unitary Development Plan (UDP).

The proposed use is acceptable in principle in accordance with UDP Policy S7 (Development in District and Local Shopping Centres). Retail uses (Class A1) are the preferred land use. Core Strategy Policy CS39 (Neighbourhood Centres) encourages new developments of shops and community facilities that will serve the everyday needs of local communities. CS39 also acknowledges that demand for goods and services is declining in many Neighbourhood Centres.

UDP Policy S10 (Conditions on Development in Shopping Areas) seeks, amongst other things, to preserve the dominance of retail uses within LSC’s shopping centres in order to protect the primary shopping function. The Abbeydale Road LSC covers a wide area and assessment of dominance must be carried out over its entire length. At present, retail uses occupy approximately 67% of the LSC.

36 Government policy in PPS4: Planning for Sustainable Economic Growth dictates that decisions on planning applications resulting in the loss/change of use of shops in local centres should take into account the importance of the shop to the local community or the economic base of the area and refuse planning applications which fail to protect existing facilities which provide for people’s day-to-day needs. PPS4 also requires local authorities to respond positively to planning applications for the conversion or extension of shops which are designed to improve their viability.

In these circumstances, the loss of a vacant single unit to a non-retail use is considered acceptable and there is no conflict with Policies S10(a) or CS39.

Amenity

The application does not indicate that sound insulation exists between the ground floor unit and the potential living accommodation above. It is therefore considered that the flat should only be occupied by the owner or by a person employed at the take-away. Should this not be the case then a condition is recommended requiring the submission of details of noise attenuation and implementation of approved attenuation.

Full details of the proposed extraction flue have not been submitted for approval though the plans do indicate the route of the flue. The flue would be required to terminate 1 metre above eaves.

Such a system would have little or no presence in the street scene in Abbeydale Road. It will be visible from the turning head of Marples Drive in views across the rear of the row of shop units but will not be any more obtrusive than existing flues. The flue will also be visible from the rear of the dwellings in Marples Drive but it would be difficult to argue that such a structure would significantly alter the outlook from these properties given the existing presence of several flues already located on adjacent units.

The main potential for nuisance is from activity associated with the kitchen area. However, it is felt that noise generated by such activities can be substantially controlled by the imposition of conditions.

The requested hours of use were 11:00-23:00 each day and taking into consideration the existing similar uses in the locality it is considered that such hours of opening would be consistent with other recent permissions given in the locality and ensure an appropriate level of amenity to neighbouring residential property.

Bin storage has not been formally identified on the plans but it is expected that this would be located beneath the fire escape stairs to the rear. There will be no significant visual impact outside the site.

In view of the above, the proposals maintain adequate levels of residential amenity and comply with UDP Policy S10(b).

37 Inclusive Access

A separate application has been received relating to access and appearance of the shop front.

Highway Issues

There is no off street parking to serve the unit. Takeaways generally attract customers from the local area and do not generate as much demand for parking as restaurants. Parking restrictions in Abbeydale Road only operate during peak periods. Demand is likely to be generally outside these hours and can be accommodated on Abbeydale Road. It should be noted that there is a bus stop immediately adjacent the front of the parade of shops which would prevent parking immediately outside the shop unit.

Deliveries to the shop are not expected to be any more frequent than those associated with most retail uses and the times of such deliveries can be conditioned so as to reduce disturbance to residents.

In view of the above, the proposals are acceptable in highway terms and comply with UDP Policy S10(f).

SUMMARY AND RECOMMENDATION

The proposed takeaway use is an acceptable form of development within a Local Shopping Centre (LSC) in accordance with UDP Policy S7. The proposed use will not affect the vitality and viability of the LSC and will add to the range of food and drink uses currently on offer. The loss of a retail unit will not prejudice the main shopping function of the wider LSC given current levels of Class A1 activity and the proposals therefore comply with Policy S10(a).

Adequate residential amenity can be maintained for adjoining occupiers, and there is adequate on street parking for customers available at the anticipated busiest times. The proposals therefore comply with the quoted policies and it is recommended that planning permission is granted subject to appropriate conditions.

Case Number 10/01437/FUL

Application Type A Full Planning Application

Proposal Use of ground floor of building as a cafe (Class A3 use - restaurants and cafes)

Location 985 Ecclesall Road Sheffield S11 8TN

Date Received 12/05/2010

Team SOUTH

Applicant/Agent Sheffield Cafe Ltd

Recommendation Grant Conditionally

Subject to:

1 The development must be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 Before work on site is commenced, full details of the handrails and balustrade to the steps and forecourt referred to in the submitted Design and Access Statement, together with distinguishable nosing to the entrance steps, shall have been submitted to and approved in writing by the Local Planning Authority and the café shall not be used unless such handrails, balustrade and nosing have been provided in accordance with the approved plans. Thereafter such handrails, balustrade and nosing shall be retained.

In the interests of the amenities of the locality and to improve ease of access for disabled persons at all times.

3 Prior to the installation of any apparatus for the arrestment and/or discharge of kitchen fumes and odours, full details thereof shall have been submitted to and approved by the Local Planning Authority. After installation, such equipment shall be retained, operated and maintained for the purpose for which it was installed.

39 In the interests of the amenities of the locality and occupiers of adjoining property.

4 The café shall be open for business only between 08:00 hours and 18:30 hours (Mondays to Saturdays) and 09:00 hours and 14:00 hours (Sundays and Bank Holidays).

In order to define the permission.

5 The development must be carried out in complete accordance with the following approved documents;

Layout drawing submitted on 12/05/10 Design & Access Statement submitted on 12/05/10

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas CS34 - District Centres

40 Site Location

LOCATION AND PROPOSAL

The application relates to a vacant single shop unit in a parade of shops in the Banner Cross District Shopping Centre. There is a small raised forecourt to the front and a flat above the shop unit. The adjoining units are occupied by a takeaway (Class A5) and a butcher’s shop (Class A1), respectively. There are flats above both units.

The application is to use the shop unit as a café (Class A3) with seating for approximately 20 people together with limited external seating. The proposed hours of use are 08:00 – 18:30 hours (Mon-Sat) and 09:00-14:00 hours (Sun/Bank Hols).

RELEVANT PLANNING HISTORY

Planning permission for an external stairway to serve the first floor flat was granted in 2007 (ref.06/04604/FUL).

SUMMARY OF REPRESENTATIONS

No representations have been received.

PLANNING ASSESSMENT

Land Use Policy

42 The site is located within a District Shopping Centre (DSC) as defined in the Unitary Development Plan (UDP).

The proposed use is acceptable in principle in accordance with UDP Policy S7 (Development in District and Local Shopping Centres). Retail uses (Class A1) are the preferred land use. Core Strategy Policy CS34 (District Centres) encourages District Centres to fulfil their role of providing for everyday needs with a range of retail, leisure and community facilities appropriate in scale and function to the role of the Centre.

UDP Policy S10 (Conditions on Development in Shopping Areas) seeks, amongst other things, to preserve the dominance of retail uses within Shopping Centres in order to protect the primary shopping function. At present, retail uses in the Banner Cross DSC occupy approximately 53% of the DSC and these are distributed fairly evenly throughout the policy area.

The proposed small scale café will not materially interrupt the shopping frontage and the day time use will add to the vitality of the DSC. In the circumstances, the proposals comply with UDP Policy S10(a) and there is no conflict with Core Strategy Policy CS34 or national planning policies in PPS4: Planning for Sustainable Economic Growth.

Amenity Issues

The applicant has confirmed that the proposed menu will focus on predominantly cold food with a small amount of hot food. There will be no deep fat frying and specialist cooking and extraction equipment is not necessary. The limited food preparation requirements, together with the day time opening hours, will maintain adequate residential amenity for occupiers of the existing first floor flat. The proposals therefore comply with UDP Policy S10(b).

Inclusive Access

The existing shop front is to be retained. There are 4 steps to the entrance in a shared arrangement with the adjoining butcher’s shop. It is impracticable to provide access for people who are unable to use the steps and opportunities to create inclusive access in accordance with UDP Policy BE7 (Design of Buildings used by the Public) are therefore limited. Minor improvements comprising the provision of handrail(s) and distinguishable nosing to the steps are the only practical improvements and these measures can be conditioned.

Highway Issues

There is no off street parking to serve the shop unit. The café is small scale and is expected to be used by people already in the DSC or those living within the large surrounding residential catchment rather than generating trips in its own right. Deliveries to the shop are not expected to be any more frequent than those associated with most retail uses and are likely to be less onerous than the previous use of the shop for the retail sale of carpets.

43 In view of the above, the proposals are acceptable in highway terms and comply with UDP Policy S10(f).

SUMMARY AND RECOMMENDATION

The shop unit is currently vacant. The proposed café use is an acceptable form of development within a District Shopping Centre (DSC) in accordance with UDP Policy S7. Retail uses continue to dominate within the DSC and, consequently, the shopping function will not be undermined. The café will only be open during the day time and will add to vitality of the DSC and the services on offer.

Adequate residential amenity will be maintained for occupiers of flats above the shops. Opportunities to create inclusive access are limited but minor improvements can be achieved. The café is small scale and not expected to generate additional traffic.

Overall, the proposals comply with the quoted policies and it is recommended that planning permission is granted subject to appropriate conditions.

Case Number 10/01398/FUL

Application Type A Full Planning Application

Proposal Provision of temporary buildings to provide teaching accommodation during school refurbishment, erection of electricity substation and associated car parking accommodation (As amended 25/07/2010)

Location King Edward VII School Glossop Road Sheffield S10 2PW

Date Received 30/04/2010

Team SOUTH

Applicant/Agent Vinci Construction UK

Recommendation Grant Conditionally

Subject to:

1 The development must be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 The temporary teaching accommodation and associated facilities and external works shall be removed and the land shall be reinstated, in accordance with details to have first been submitted to and approved in writing by the Local Planning Authority, no later than 9th July 2012.

In the interests of the setting of the Grade II* Listed Building and the character and appearance of the Broomhill Conservation Area.

3 Notwithstanding the submitted Delivery Method Statement, a revised Method Statement shall be submitted to and approved in writing by the Local Planning Authority before the temporary buildings are delivered. The Method Statement shall include full details of the following:

- method of any temporary removal and/or dismantling of the boundary wall/gate piers and gates

45 - protection measures to the remaining wall/gate piers - storage of the gates, gate piers and any additional walling material to be removed - means of preventing delivery vehicles overrunning the existing tarmac areas - a specification of the proposed tree protection fencing together with an accompanying plan showing the location of the fencing

The Local Planning Authority shall be notified in writing when the tree protection measures are in place and deliveries and works shall be in accordance with the approved Method Statement.

In the interests of the amenities of the locality.

4 Notwithstanding the provisions of the foregoing condition, before any work on site is commenced, the measures to protect the existing trees to be retained shall be provided in accordance with drawing KE_L(PA)04-RevB. Protection of trees shall be in accordance with BS 5837, 2005 (or its replacement) and the protected areas shall not be disturbed, compacted or used for any type of storage or fire, nor shall the retained trees be damaged in any way. The local Planning Authority shall be notified in writing when the protection measures are in place and the protection shall not be removed until the completion of the development unless otherwise agreed in writing.

In the interests of the amenities of the locality.

5 Before delivery of the temporary buildings, full details of the proposed internal and external layout, including suitable inclusive access and facilities for disabled people, shall have been submitted to and approved in writing by the Local Planning Authority and the temporary buildings shall not be used unless such inclusive access and facilities have been provided in accordance with the approved plans. Thereafter, within the period of the planning permission, such inclusive access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

To ensure ease of access and facilities for disabled persons at all times.

6 Details of all proposed external materials and finishes to the sub-station and car park shall be submitted to and approved in writing by the Local Planning Authority prior to construction of the sub-station and car park being commenced. Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

7 Surface water discharge from the development shall be restricted to a maximum flow rate of 5 litres per second per hectare. Before the temporary accommodation is occupied written confirmation shall be given to the Local Planning Authority that the necessary equipment has been installed on site to achieve the required restricted rate of discharge.

In order to mitigate against the risk of flooding.

Attention is drawn to the following justifications:

BE5 (Building Design and Siting) BE9 (Design for Vehicles) BE15 (Areas and Buildings of Special Architectural or Historic Interest) BE16 (Development in Conservation Areas) BE17 (Design and Materials in Areas of Special Architectural or Historic Interest) BE19 (Development Affecting Listed Buildings) GE15 (Trees and Woodland) CS43 (Schools) CS47 (Safeguarding Open Space) CS67 (Flood Risk Management) CS74 (Design Principles)

The temporary accommodation is contrary to all relevant design and conservation policies and will harm the setting of a Grade II* Listed Building and the character of the Broomhill Conservation Area. It will also result in the temporary loss of land designated as Open Space in an area where there is a shortage.

Nevertheless, the temporary accommodation can be supported as it is an essential requirement to facilitate the Building Schools for the Future programme. The buildings are a short term measure to meet operational needs and, subject to strict compliance with an agreed Method Statement, can be sited without loss of mature trees. No other landscape features are affected and the land can be reinstated to its present condition at the end of the programme.

Attention is drawn to the following directives:

1. In the interests of highway safety and the free flow of traffic, the developer should contact Highway Co-ordination (Peter Vickers - tel: 0114 273 6159) to agree access routes and arrangements for delivery of the units.

2. The developer's attention is drawn to:

(i) Sections 4 and 7 of the Chronically Sick and Disabled Persons Act 1970, as amended; and

(ii) the code of Practice for Access of the Disabled to Buildings (British Standards Institution code of practice BS 8300) or any prescribed document replacing that code.

Section 4 sets requirements for access to, and facilities at, premises. Section 7 requires a notice or sign to be displayed, indicating that provision is made for the disabled.

If you require any further information please contact Brian Messider or Simon Ovendon on Sheffield 2734197.

3. The applicant should install any external lighting to the site to meet the guidance provided by the Institution of Lighting Engineers in their document "Guidance Notes for the Reduction of Light Pollution". This is to prevent obtrusive light causing disamenity to neighbours. The Guidance Notes are available from the Institute of Lighting Engineers, telephone number (01788) 576492 and fax number (01788) 540145.

4. The applicant is advised that noise and vibration from demolition and construction sites can be controlled by Sheffield City Council under Section 60 of the Control of Pollution Act 1974. As a general rule, where residential occupiers are likely to be affected, it is expected that noisy works of demolition and construction will be carried out during normal working hours, i.e. 0800 to 1800 hours Monday to Friday, and 0800 to 1300 hours on Saturdays with no working on Sundays or Public Holidays. Further advice, including a copy of the Council's Code of Practice for Minimising Nuisance from Construction and Demolition Sites is available from the Environmental Protection Service, 2-10 Carbrook Hall Road, Sheffield, S9 2DB: Tel - 0114 2734651.

5. This site contains trees, which are protected by Tree Preservation Orders or Conservation Areas. These trees must be retained and protected and the Local Planning Authority may pursue legal action where vegetation is illegally damaged or removed. The Wildlife and Countryside Act may also be a legal consideration in the removal or works to trees, if the trees are providing a habitat to protected species or a nest site to wild birds.

6. The proposed development lies within a coal mining area. In the circumstances applicants should take account of any coal mining related

48 hazards to stability in their proposals. Developers must also seek permission from the Coal Authority before undertaking any operations that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current and proposed surface and underground coal mining activity to affect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk.

7. From the 6th April 2008, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 2008 require that all requests for confirmation of compliance with planning conditions require a fee payable to the Local Planning Authority. An application to the Local Planning Authority will be required using the new national standard application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

49 Site Location

INTRODUCTION

51 This application is related to applications for planning permission and listed building consent for works to extend and refurbish the Grade II* Listed Building at King Edward VII Upper School. The works are part of the Building Schools for the Future (BSF) programme and the applications will appear on a subsequent agenda (refs 10/01432/FUL and 10/01624/LBC).

LOCATION AND PROPOSAL

King Edward VII Upper School is a Grade II* listed building on a large site bounded by Glossop Road, Newbould Lane and Clarkehouse Road. The area affected by this proposal is an informal expanse of grass to the front of the building between the Newbould Lane boundary and existing tennis courts. The grassed area is approximately 1500mm above the level of the highway in Clarkehouse Road which is bounded by a high stone retaining wall. On the opposite side of Clarkehouse Road is a Grade II listed building (Broomgrove) and another character building at the junction of Broomgrove Road. Both these buildings are in use as offices.

The application proposes the temporary siting of 68 pre-fabricated units on the grassed area to the front of the main building. Each unit is 12m x 3m and will provide temporary teaching accommodation during the main building programme. The buildings will be stacked in a two storey arrangement and provide 2,500m2 floor space. Linked units are proposed on the existing hard surfaced area immediately in front of the listed building to provide temporary kitchen accommodation in a single storey block (14.4m x 6m). The units are required to be sited towards the end of August 2010 and will be removed in June 2012.

The proposals also include a car park and a sub-station. These elements are permanent proposals that are required to serve the temporary accommodation but will ultimately serve the main School. The car park and sub-station are proposed to be provided to the opposite side of the tennis courts in front of the 1990s Lewis Building and close to the boundary with King Edward Swimming Pool. The tennis courts will be marginally reduced in size and eventually refurbished to form a multi- use games area (MUGA). The sub-station will be sited so as to partly retain the side of the MUGA. The car park will provide 35 spaces.

RELEVANT PLANNING HISTORY

There have been a number of applications relating to the School over the last 25 years but none affect this part of the site. The history includes a number of permissions for mobile classroom units in the 1980s and 1990s.

SUMMARY OF REPRESENTATIONS

No representations have been received from residents or other local interested parties in response to publicity about the application.

English Heritage have responded to a statutory consultation. They acknowledge that the temporary accommodation is ‘essential in order to enable the proposed building works at the school’. They consider it essential that the grassed area is

52 fully restored in order to ensure protection of the setting of the important Grade II* listed building on completion of the works.

PLANNING ASSESSMENT

Land Use Policy

The temporary accommodation, car park and sub-station are all proposed to be sited on land that is designated as Open Space in the Unitary Development Plan (UDP). This policy area, together with a Playing Field designation, is carried through to the Sheffield Development Framework (SDF) Draft Proposals Map which is out for consultation at present. The site also lies within the Broomhill Conservation Area and is within the curtilage of a Grade II* Listed Building.

Building Schools for the Future

This proposal is linked to the BSF programme and accords with the SDF Core Strategy Policy CS43 (Schools) which commits to securing modern educational facilities across the City. The siting of the temporary teaching accommodation is fundamental as an interim measure whilst the main BSF works are implemented (refs 10/01432/FUL and 10/01624/LBC).

In terms of the BSF programme, the timing is such that it is necessary for the temporary accommodation to be in place prior to the new academic year. Time will not permit siting before a final decision on the main applications. These applications require further work and will ultimately need to be referred to the Secretary of State. Ideally it should be conditioned that any planning permission is carried out in conjunction with the main programme. However, in the absence of planning permission for the main works, a time limit will suffice.

Conservation and Design

English Heritage’s comments are referred to in the Summary of Representations above. The Conservation Advisory Group has not been consulted on the temporary accommodation but have commented on the main application proposals. These comments will be reported when the main development proposals are considered (refs 10/01432/FUL and 10/01624/LBC).

UDP Policiy BE5 (Building Design and Siting) and SDF Policy CS74 seek to secure high quality design in new developments. UDP Policies BE15 (Areas and Buildings of Special Architectural or Historic Interest), BE16 (Development in Conservation Areas), BE17 (Design and Materials in Areas of Special Architectural or Historic Interest) and BE19 (Development Affecting Listed Buildings) require new development to preserve or enhance Conservation Areas and preserve Listed Buildings and their settings.

Policy BE5 states that ‘…temporary buildings will be permitted only where they are required to meet short-term operational needs and would not be in prominent locations or Conservation Areas.’ Policy LR5 (Development in Open Space Areas)

53 does not permit development where ‘…it would harm open space that forms the setting for a Listed Building…’

The site is noted in the Broomhill Conservation Area Appraisal as part of a ‘significant view’ with the listed building being a recognized ‘focal point’ within the Conservation Area. The main building was designed to be seen in views across the Porter Valley and it has been suggested that, together with The Mount (Glossop Road) and the glasshouses in the Botanical Gardens, the building is part of a planned relationship in a designed classical landscape.

The proposed temporary buildings will be unavoidably very prominent in front of the main building and will undoubtedly harm the views and setting of the important Grade II* Listed Building. Similarly, they will not preserve or enhance the character and appearance of the Broomhill Conservation Area. The units will be finished in a dark green colour. This is considered to be the best that can be achieved in a scheme where mitigation against visual harm is virtually impossible.

In view of the above, the proposals are contrary to UDP Policies BE5, BE15, BE16, BE17, BE19 and LR5 and contrary to SDF Core Strategy Policy CS74.

Whilst the proposals are clearly contrary to all design and conservation policies, it is considered that the proposals deserve support in the light of the long term benefits to the School. This view is heavily dependent on the proposed time period not being exceeded and a full programme of restoration works upon removal of the buildings. These matters can be conditioned.

The proposed sub-station is 7340mm x 4040mm x 2850mm(H) and will be constructed in stone with timber doors. It will be approximately 600mm below the level of the existing tennis courts and will assist in retaining the corner of the new MUGA. The finished level of the new MUGA will be raised very slightly (less than 100mm). A 2 metres wide strip between the MUGA and the sub-station will be graded and planted to provide stability and screening. Details of the landscape treatments can be conditioned.

The flat roof of the sub-station will be approximately 1800mm below the top of the MUGA fence and approximately 1400mm above the top of the retaining wall to the Clarkehouse Road boundary. It will be set back approximately 6 metres from the boundary and will have little impact in views. Several alternative locations have been considered for the sub-station but this is the best option in terms of efficiency and preserving the setting of the listed building.

The proposed car park is located in a banked grassed area in a space surrounded by the Lewis Building, the tennis courts and the boundaries with the Swimming Pool and Clarkehouse Road, respectively. The levels are proposed to be reduced in this area to ensure accessibility and this will also prevent parked cars from being visible above the retaining wall in Clarkehouse Road.

Overall, the siting, design and appearance of the sub-station and the location of the car park are satisfactory in accordance with UDP Policies BE5, BE15, BE16, BE17 and BE19 and Core Strategy Policy CS74.

Inclusive Access

The layout of the temporary accommodation has been amended late in the application process. The amendments were made in order to address problems associated with the gradients of the site and to minimise the need for retaining structures.

The external layout is broadly acceptable although not ideal in some areas due to the constraints of the gradients. There is a concern about the practicalities of ramps to the fire exits that may be required on the elevation closest to Clarkehouse Road. This is due to the limited space available. Some minor adjustment to the siting of the buildings may be necessary and appears capable of being accommodated.

No plans of the revised internal layout have been submitted although a reasonable level of information has been submitted in a revised Access Statement.

Further details of the internal and external facilities and circulation are required in order to demonstrate compliance with UDP Policy BE7 (Design of Buildings Used by the Public). Such details can be conditioned.

Open Space and Sports Provision

Core Strategy Policy CS47 (Safeguarding Open Space) will not permit development of open space where, amongst other things, it would result in a shortage of open space in the local area or where the open space has heritage, landscape or ecological value. Siting the temporary buildings on the grassed area will be contrary to Policy CS47 on both these points. However, the siting is for a temporary period and essential in order to deliver the greater benefits to secondary education. The grassed area can be fully reinstated following removal of the buildings and this can be conditioned.

The grassed area is of sufficient size to accommodate a junior sports pitch but has never been used as a pitch and therefore does not meet the definition of a playing field in national policy terms. On this basis, Sport England have confirmed that they have no objection to the temporary scheme. The School will continue to use the extensive sports facilities at the Lower School site during the build programme and there is no loss of community use. The grassed area will be reinstated at the end of the programme and will revert to its current informal recreation function.

The existing tennis courts will be reduced in size from approximately 45m x 35m to approximately 38m x 35m. The reduction in size is required to accommodate the proposed car park and circulation requirements. It also permits the siting of the new sub-station which has failed to find a suitable alternative location that satisfies YEDL’s requirements without harming the historic environment. The temporary teaching accommodation cannot function without the sub-station and the tennis courts are required to serve as social space whilst the normal areas are out of action.

55 The courts will ultimately be upgraded to form a MUGA as part of the main works programme and the smaller space will still be capable of accommodating two tennis courts (3 at present). The loss of one tennis court will be more than compensated for by the upgrading of the outdoor facility and the provision of new indoor facilities in the sports hall that is included in the main application proposals. Regardless of the subsequent consideration of the sports hall proposal (which has been the subject of several representations from adjoining residents), adequate facilities to serve the needs of the School are available at King Edward VII Lower School, albeit reliant on transport.

The proposed car park will be in the area between the Clarkehouse Road boundary and the end elevation of the 1990s Lewis Building. The car park is required in order to partially replace existing parking spaces that will be lost elsewhere on the site as part of the main application proposals. The loss of parking includes spaces currently directly in front of the listed building which is seen as a benefit to the setting of the building, and to the rear of the Lewis Building to accommodate the sports hall.

The proposed car park is in a space that is currently grassed and graded quite steeply down to the existing driveway that runs around the Lewis Building. It is a relatively small area, divorced from the main grassed area by the existing tennis courts and has no obvious utility. In the circumstances, the loss of this part of the Open Space is considered acceptable albeit strictly contrary to Policy CS47.

Highway Issues

As noted earlier, the car park is to replace parking that will be removed from other parts of the site. There will be an overall reduction in parking spaces across the site.

The car park includes 2 disabled spaces (others will be provided elsewhere within the wider scheme) and provision for cycle parking. Access will be from the existing driveway that links to the Glossop Road entrance.

The layout is acceptable in highway terms and therefore accords with UDP Policy BE9 (Design for Vehicles).

Siting of the temporary units is problematic. There is no scope for access from Glossop Road as the entrance and access route is unsuitable. The Glossop Road entrance is a listed building in its own right. There is no scope to crane the units over the wall from Clarkehouse Road due to the trees in the highway. Entry must therefore be from Newbould Lane.

The Newbould Lane entrance will be difficult to access due to the configuration of the access, the gradients down to the grassed area and the close proximity of two large mature trees. Great care will need to be exercised to avoid damage to the boundary wall and gate posts and the trees. Any deviation from the existing surfaced area is likely to result in damage. The supplier has provided a Method Statement but more comprehensive details are required. This can be conditioned

56 and tree protection measures should be confirmed on site prior to delivery of the units.

Landscape

The car parking layout involves significant works within the Root Protection Areas (RPAs) of 3 trees clustered close to the boundary retaining wall fronting Clarkehouse Road. The situation is not ideal, but enough of the RPAs will be retained to make retention of the trees viable in accordance with UDP Policy GE15 (Trees and Woodland). Trees within the highway on the opposite side of the boundary wall will not be affected.

Drainage

The proposals will increase impermeable areas at the site. An overall reduction in surface water run-off is required in accordance with Core Strategy Policy CS67 (Flood Risk Management). The submitted drainage proposals include storage to reduce the rate of discharge. However, some elements of the drainage proposals require revision. Details can be conditioned.

Amenity

Part of the temporary building will run parallel to the boundary wall in Clarkehouse Road. Windows in this elevation will be approximately 16m from the line of the side elevation of the accountant’s offices at No2 Broomgrove Road. This is not the principal elevation but does contain windows. However, this is not a residential property and the temporary building will not be directly opposite it. Existing highway trees and trees within the boundary of No2 will maintain adequate conditions. There will be a similar relationship with the offices at Broomgrove (59 Clarkehouse Road) which has its main elevation facing the School.

SUMMARY AND RECOMMENDATION

Temporary classroom accommodation is required for a 22 month period whilst the School is extended and refurbished under the BSF programme.

Nevertheless, the temporary accommodation can be supported as it is an essential requirement to facilitate the BSF programme. The buildings are a short term measure to meet operational needs and, subject to strict compliance with an agreed Method Statement, can be sited without loss of mature trees. No other landscape features are affected and the land can be reinstated to its present condition at the end of the programme.

In respect of the temporary accommodation it is recommended that planning permission is granted for a temporary period subject to conditions.

The proposed sub-station and car park are essential to facilitate the construction programme and will be needed to serve the new School facilities. The application seeks a permanent permission for these elements. The sub-station is satisfactorily designed and the existing mature trees can be retained, although the situation is not ideal.

It is recommended that planning permission is granted subject to conditions.

Case Number 10/01383/FUL

Application Type A Full Planning Application

Proposal Change of use from A1 retail use to A3 food and drink (No. 29 and 31 The Wicker)

Location 31 Wicker Sheffield S3 8HS

Date Received 07/05/2010

Team CITY CENTRE AND EAST

Applicant/Agent Building Link Design

Recommendation Grant Conditionally

Subject to:

1 The development must be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 Before the unit is occupied a level threshold shall have been provided to that corresponding unit. It shall thereafter be retained.

To ensure ease of access and facilities for disabled persons at all times.

3 The basement area shall only be used for storage.

In order to limit the impact of future flooding events.

4 No bins associated with this permission shall be stored on a public highway.

In the interests of the amenities of the locality.

5 The development must be carried out in complete accordance with the following approved documents;

59 Plans - Location Plan, Existing Basement and Ground Floor Plan, Proposed Basement and Ground Floor and Proposed Basement and Ground Floor (Rear Elevation) Plan prepared by BLD Architects dated 10th May 2010.

In the event that the premises are used as one single unit, only one flue shall be installed in either of the positions indicated unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

1. The decision to grant permission and impose any conditions has been taken having regard to the relevant policies and proposals from the Yorkshire and Humber Plan, the Sheffield Development Framework and the Unitary Development Plan set out below:

S3 - Development in the Central Shopping Core.

S10 - Conditions on Development in Shopping Areas.

60 Site Location

LOCATION AND PROPOSAL

This application relates to the basement area and ground floor of a three storey building fronting the Wicker. This pitched roofed building is set 100 metres to the south of the Ring Road. The ground floor was previously in retail use and is presently vacant. The upper floors are also currently vacant.

This application is speculative in nature and the applicant is seeking consent for A3 purposes (Restaurants and Cafes). The applicant could potentially create one large unit but equally would like to retain the option to make two smaller units. The basement areas would be utilised for storage. The application includes the installation of a flue to each unit (in the event that it becomes two smaller units) to the rear elevation. No changes are presently proposed to the shopfront fronting the Wicker.

The application site is surrounded by a variety of commercial uses, including a substantial number of restaurants and takeaways.

The building is set within the Central Shopping Area as defined within the Sheffield Unitary Development Plan (UDP) and within Flood Zone 3a.

RELEVANT PLANNING HISTORY

Consent has previously been granted to use the ground floor of 29-31 Wicker for the sale of hot food and as a restaurant in 1999 (99/00978/FUL). It is assumed this permission was not implemented.

PLANNING ASSESSMENT

Land Use

Policy S3 of the Unitary Development Plan: Development in the Central Shopping Area states that restaurants & cafes (Use Class A3) are preferred uses in such areas.

The proposal is therefore considered to be in accordance with Policy S3.

Noise and Odour

Section b) within Policy S10: Conditions on Development in Shopping Areas of the UDP states that new developments or change of use applications should not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions including air pollution and noise.

The application indicates the potential to install a flue to each unit in the event that they operate as two separate units. The extraction to the unit(s) will be provided externally with a termination point above the eaves. It is considered that given the lack of sensitive uses within the surrounding area and the existing collection of

62 restaurants and takeaways in the vicinity this proposal would not have any undue impact on surrounding living conditions.

The proposal is therefore considered to be in compliance with Policy S10 b).

Flooding

The application site lies within Flood Zone 3A, which has a high risk of flooding. Accordingly the applicant has revised the proposals to ensure the basement area is only used for storage.

Following dialogue with the Environment Agency, it is considered that the applicant has submitted sufficient information to ensure suitable measures will be in place to suitably mitigate the impact of any future flooding event.

Access

A condition will be attached to any consent stating that future access into the building must be via a level threshold.

Highways

Section f) within Policy S10: Conditions on Development in Shopping Areas of the UDP states that new developments or change of use applications should be adequately served by transport facilities, provide safe access to the highway network and appropriate off-street parking.

Given the City Centre location the proposed unit will be accessible via a variety of transport modes, and ample parking is available in the area.

The proposal is therefore considered to comply with Policy S10 f).

Design

Section d) within Policy S10: Conditions on Development in Shopping Areas of the UDP states that new developments or change of use applications should be well designed and of a scale and nature appropriate to the site.

The only element of the scheme that relates to design is the erection of extraction flues to the rear of the premises. These flues will not be easily visible from any public areas and are not out of character with their immediate surroundings given the other similar uses.

The proposal is therefore considered to comply with Policy S10 d).

Refuse

The unit benefits from a rear yard area in which bins will be stored.

SUMMARY AND RECOMMENDATION

The principle of the proposed land use is supported by the relevant policies within the Sheffield Unitary Development Plan.

As no sensitive uses are in close proximity to the unit it gives rise to no residential amenity concerns.

The applicant has submitted sufficient information to ensure suitable measures will be in place to mitigate to impact of any future flooding event

Given the limited scale of the use and the central location the proposal does not give rise to any highway concerns.

It is therefore recommended that the application be granted with conditions.

Case Number 10/01381/FUL

Application Type A Full Planning Application

Proposal Application to allow for A1 retail use (Application under Section 73 to vary condition 17 of planning application 06/03853/FUL (Erection of single-storey retail unit and associated car parking accommodation))

Location Land North West Of 11 And 13 Archer Drive Sheffield

Date Received 29/04/2010

Team SOUTH

Applicant/Agent Peacock & Smith

Recommendation Grant Conditionally

Subject to:

1 The development must be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 Before the development is commenced, details of all proposed external materials and finishes, including windows, shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

3 Before any work on site is commenced, a landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The scheme shall be carried out in accordance with the approved details within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority. When the above-mentioned landscaping has been carried out, thereafter the

65 landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.

In the interests of the amenities of the locality.

4 Before the development is commenced, details of the proposed surfacing, layout and marking out of the car parking accommodation shall have been submitted to and approved in writing by the Local Planning Authority. The retail unit shall not be used unless the car parking accommodation has been provided in accordance with the approved plans and thereafter such car parking accommodation shall be retained for the sole use of the development hereby permitted.

In the interests of traffic safety and the amenities of the locality.

5 Before the development is commenced, full details of the proposed layout and setting out of the cycle parking accommodation shall have been submitted to and approved in writing by the Local Planning Authority. The retail unit shall not be used unless the cycle parking accommodation has been provided in accordance with the approved plans and thereafter, such cycle parking shall be retained.

In the interests of traffic safety and the amenities of the locality.

6 At all times that construction works being carried out equipment shall be provided to the satisfaction of the Local Planning Authority for the effective cleaning of the wheels and bodies of vehicles leaving the site so as to prevent the depositing of mud and waste on the highway but before the development is commenced full details of such equipment shall have been submitted to and approved by the Local Planning Authority. When the above-mentioned equipment has been provided thereafter such equipment shall be used for the sole purpose intended in all instances and be properly maintained.

In the interests of the safety of road users.

7 No externally mounted plant or equipment for heating, cooling or ventilation purposes, nor grilles, ducts, vents for similar internal equipment, shall be fitted to the building unless full details thereof have first been submitted to and approved by the Local Planning Authority, and once installed such plant or equipment should not be altered without prior written approval of the Local Planning Authority.

In the interests of the amenities of the locality.

8 All servicing and loading associated with the development shall be limited to 0700 hours and 2000 hours Monday to Saturday with no deliveries on Sundays or Bank Holidays.

In the interests of the amenities of the locality and occupiers of adjoining property.

9 Before the development is commenced, full details of all external lighting to the building, car park areas and footpaths shall have been submitted to and approved in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

10 Surface water and foul drainage shall drain to separate systems in accordance with details to have first been submitted to and approved in writing by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

11 No piped discharge of surface water from the application site shall take place until surface water drainage works including off-site works have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

12 Prior to being discharged into any watercourse, surface water sewer or soakaway system all surface water drainage from parking areas and hardstandings shall be passed through a petrol/oil interceptor designed and constructed in accordance with details to be approved in writing by the Local Planning Authority.

To prevent pollution of the Water Environment.

13 Surface water discharge from the completed development site shall be restricted to a maximum flow rate of 55 litres per second per hectare. Before the development is occupied written confirmation shall be given to the Local Planning Authority that the necessary equipment has been installed on site to achieve the required restricted rate of discharge.

In order to mitigate against the risk of flooding.

67 14 Before work on site is commenced, full details of suitable access and facilities for people with disabilities, both to and within the building and also within the curtilage of the site, shall have been submitted to and approved in writing by the Local Planning Authority and the retail unit shall not be used unless such access and facilities have been provided in accordance with the approved plans. Thereafter such access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

To ensure ease of access and facilities for disabled persons at all times.

15 Before the development is commenced, details of measures to ensure energy efficiency within the building shall be submitted to and approved in writing and thereafter the approved measures shall be implemented and retained.

To promote sustainable development.

16 The total gross floorspace in retail (Class A1) use shall not exceed 964m2.

To protect the viability of the City Centre and District Shopping Centres.

17 The unit shall only be used solely for the retail sale of non-food items unless otherwise approved in writing by the Local Planning Authority.

To protect the viability of the City Centre and District Shopping Centres.

18 No goods or materials of any description shall be stored or displayed wholly or partly outside the building within the site of the development.

In the interests of the amenities of the locality.

19 Before the development is commenced, full details of the proposed recycling facilities, including materials to be recycled and arrangements for collection, shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter the approved recycling facilities shall be provided and retained.

In the interests of the amenities of the locality.

20 Two of the approved car parking spaces shall be provided with electric car re-charging facilities prior to the building being open for trading.

In the interests of mitigating the effects of climate change.

21 The development must be carried out in complete accordance with the following approved documents;

ARCH/2004 - 088/010/Rev C ARCH/2004 - 088/012/Rev E ARCH/2004 - 088/015 ARCH/2004 - 088/SK001

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

UDP/Core Strategy Policies: MU8 (Archer Road Mixed Use Area) MU11 (Conditions on Development in Mixed Use Areas) S5 (Shop Development Outside the Central Shopping Area and District Centres) CS14 (City-wide Distribution of Shopping and Leisure Development) CS66 (Air Quality)

The application is consistent with the sequential approach relative to non- food retailing. The level of trade withdrawal from the nearest District Shopping Centres is unlikely to cause demonstrable harm and any trade withdrawal from the City Centre will be a small proportion of its spending. The car parking, servicing provision and highway network is capable of accommodating the negligible increase in overall traffic activity and the predicted increase is negligible in terms of the impact on air quality in the local area.

Overall, the unrestricted sale of comparison goods from the approved bulky goods retail unit is considered acceptable in accordance with local and national policies.

Attention is drawn to the following directives:

1. The developer's attention is drawn to:

(i) Sections 4 and 7 of the Chronically Sick and Disabled Persons Act 1970, as amended; and

(ii) the code of Practice for Access of the Disabled to Buildings (British Standards Institution code of practice BS 8300) or any prescribed document replacing that code.

Section 4 sets requirements for access to, and facilities at, premises. Section 7 requires a notice or sign to be displayed, indicating that provision is made for the disabled.

If you require any further information please contact Brian Messider or Simon Ovendon on Sheffield 2734197.

2. The applicant should install any external lighting to the site to meet the guidance provided by the Institution of Lighting Engineers in their document "Guidance Notes for the Reduction of Light Pollution". This is to prevent obtrusive light causing disamenity to neighbours. The Guidance Notes are available from the Institute of Lighting Engineers, telephone number (01788) 576492 and fax number (01788) 540145.

3. The proposed development lies within a coal mining area. In the circumstances applicants should take account of any coal mining related hazards to stability in their proposals. Developers must also seek permission from the Coal Authority before undertaking any operations that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current and proposed surface and underground coal mining activity to affect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk.

4. The applicant is advised that condition No(s) 1-16, 18 and 19 were imposed by planning permission No. 06/03853/FUL and are reproduced on this notice to provide you with a complete record of all conditions, regardless of whether some may have already been discharged.

70 Site Location

INTRODUCTION

Planning permission for a large retail unit (964m2 gross retail floor space) with 48 car parking spaces was granted in December 2006 (ref 06/03853/FUL). The planning permission is subject to a condition restricting the sale of goods to furniture, carpets and floor coverings, DIY goods (namely building materials, tools and plumbing fitting), gardening equipment; office furniture and supplies, electrical goods and motor accessories.

All pre-commencement conditions were subsequently discharged and part of the foundations have been put in. The works are sufficient for the planning permission to be deemed implemented and this has been confirmed.

LOCATION AND PROPOSAL

The application is to remove the planning condition that places a restriction on the goods that can be sold. This is due to the failure of the approved development in attracting a bulky goods operator.

The site is approximately 0.5ha and was formerly occupied by Laycock’s engineering works. The site was overgrown prior to being cleared to facilitate the approved development. It lies between the Sheffield – Chesterfield railway line and an internal service road serving existing shop units, health/fitness clubs, a children’s nursery and a McDonalds restaurant. There is a Sainsbury superstore on the adjoining site and a Tesco superstore and a Park & Ride lies on the opposite side of the railway.

The approved building is designed to reflect the appearance of the mixed retail/leisure building on the opposite side of the internal service road.

RELEVANT PLANNING HISTORY

The approved retail unit was granted planning permission in December 2006 as described in the Introduction above (ref 06/03853/FUL). The pre-commencement conditions were discharged in December 2009 (refs. 09/03416/COND and 09/03575/COND).

There are two applications pending consideration in respect of significant extensions to the adjacent Sainsbury store and the nearby Tesco store, respectively (refs. 09/03645/FUL and 10/00539/FUL).

The Sainsbury application proposes a 41% increase in retail floor space (total 7,149m2) with an additional 65 car parking spaces (total 614 spaces). The Tesco application proposes a 57% increase in retail floor space (total 6,513m2) with an additional 228 car parking spaces (total 691 spaces). An existing 202 space Park & Ride is proposed to be relocated on the adjacent site with an increased capacity (total 375 spaces).

73 The Sainsbury and Tesco applications will be brought before the Committee in due course.

SUMMARY OF REPRESENTATIONS

The Carter Knowle and Millhouses Community Group have objected:

- Millhouses is an urban village with high quality housing and pleasant, quiet recreational facilities including the park, woodland and playing fields – proposal is not a sustainable development and will turn the neighbourhood into a retail park

- will have an unacceptable impact on local businesses and communities in the south-west of the City:

- many local shops have been lost at Millhouses since the supermarkets opened and remaining shops are struggling. Terminus shopping area and Abbeydale Road similarly affected - Woodseats shopping area will be even more badly affected and left with charity shops and boarded up premises. Silver Hill, Totley Rise, Dore Village and Hutcliffe Wood Road will also be affected

- will greatly reduce the quality of life for local residents:

- cars, lorries or pollution and cannot afford to lose more trees - air quality already at point of failing govt target for NO2 (40mcg/m3) according to Imperial College’s OPAL study. For first 3 months this year, the nearest monitoring points indicated levels of 46mcg/m3 – 15% above the legal maximum - recent Council report to Cabinet estimates between 240 and 325 deaths per year through traffic pollution - noted that a ‘remarkable proliferation of nitrogen loving lichens’ has been identified on the trees in Abbeydale Road - residents in Archer Road already suffering from low air quality - congestion and queuing in Abbeydale Road already huge problem with no scope for engineering solution. Particular problem at Millhouses junction between Archer Road and Abbeydale Road/South which is used by supermarket delivery lorries – traffic commonly blocks Hutcliffe Wood Road – changing goods sold will generate additional cars

development is not sustainable as shows no long term benefits to environment, economy or society in the area, especially when viewed in context of Sainsbury and Tesco applications

NHS Sheffield have written to outline the importance of air quality to health and the commitment to improving air quality and health demonstrated through the production of an Air Quality Action Plan for Sheffield.

74 The NHS objection restricts its comments to the Tesco and Sainsbury applications but quotes this application number alongside. The concerns relate to cumulative traffic generation, including an estimate of around 500,000 extra cars annually in addition to a significant increase in delivery lorries. The objection makes reference to the study and report referred to in the Carter Knowle and Millhouses Community Group objection above and also draws attention to the clear link between vehicle emissions and respiratory conditions, particularly asthma, which affects 1 in 7 school children. The NHS would like to see neighbourhood shops remaining viable and a general diversification of retail outlets rather than consolidating them on a small number of sites which are generally accessed by car.

Two letters of objection have been received from residents in Marriott Road and Sheldon Road. Again, the objections refer to the Tesco and Sainsbury applications but quote this application number alongside. The objectors raise passionate concerns about air quality and the need to reduce pollution in this area to conform to European Standards. One of the letters (Marriott Road) says ‘often the air stinks’ with a very acrid smell. Failure to meet the minimum standards (40mcg/m3) will contravene European law as from December 2010.

The letter from Sheldon Road also raises issues about traffic congestion and delays and the risk to pedestrians and the local school community caused by up to 40,000 extra cars a month, in addition to the impact on local shopping

An objection has been received specific to this application from a resident in Archer Road. Again, the objection is based on the inability of the area to absorb increased traffic and air pollution in addition to increased noise and light pollution. The objector considers that existing local shopping facilities at Abbeydale, Woodseats and Heeley, and the ‘soon-to-be-regenerated City Centre, are more than sufficient to cater for the area. There is a call for allotment space and affordable housing to fulfil the needs of the residential area.

Councillor Sylvia Dunkley has also objected to the proposals. She draws attention to the ‘massive concern’ in neighbourhood about the Tesco and Sainsbury applications. The sale of more general retail goods, as opposed to bulky goods, will create even more traffic congestion, air pollution and pressure on local shops at Millhouses and Woodseats.

PLANNING ASSESSMENT

Land Use Policy

The site lies within the designated Archer Road Mixed Use Area as defined in the Unitary Development Plan (UDP). In the Sheffield Development Framework (SDF) Draft Proposals Map, the policy area is defined as a Flexible Use Area which is not materially different to the Mixed Use designation. However, the Draft Proposals Map is still being consulted on and therefore carries little weight.

The principle of a retail unit in this location is not in question as the original planning permission (06/03853/FUL) has been implemented. In granting the original planning permission, the implications in UDP Policies MU8 (Archer Road

75 Mixed Use Area), MU11 (Conditions on Development in Mixed Use Areas) and S5 (Shop Development Outside the Central Shopping Area and District Centres) were considered.

Core Strategy Policy CS14 (City-wide Distribution of Shopping and Leisure Development) seeks to concentrate new shops with city-wide and regional catchments in the City Centre and does not permit major non-food retail development outside the Primary Shopping Area or DSC’s and their edges. For the purposes of CS14 ‘major’ development is usually that with gross floor space exceeding 2,500m2. This proposal involves a unit that falls well below that threshold.

Sequential Assessment

In granting the 2006 planning permission it was considered necessary to restrict the retail floor space and the range of goods sold. This was to ensure that the development would not be contrary to the sequential approach to site selection advocated in PPS6: Planning for Town Centres. The concerns were the impact on the nearest District Shopping Centres (DSC’s), namely, Banner Cross, Ecclesall Road, Heeley, London Road and Woodseats, and the New Retail Quarter (NRQ).

PPS6 has now been superseded by PPS4: Planning for Sustainable Economic Growth. Out of centre retail proposals not in accordance with an up to date development plan, including proposals to remove conditions, have to satisfy the sequential approach set out in PPS4 to ensure that all more central options in the catchment area have been thoroughly assessed before less central sites are considered. Failure to comply with the sequential approach is a reason for refusal.

9 individual sites, together with wider locations at The Moor, the New Retail Quarter (Sevenstone) and other vacant City Centre units, have been sequentially tested as part of a comprehensive Retail Assessment submitted in support of the application. The sites have been selected having regard to the ability to deliver the same amount of floor space as the approved development, but without the parking and servicing facilities. It is clear from the assessment that the majority of these sites comply with the sequential approach.

The exceptions are the former Evans Halshaw site within the Ecclesall Road DSC, The Moor Markets redevelopment and the New Retail Quarter.

The Evans Halshaw site has planning permission for a 975m2 food store. PPS4 states that ‘it will not be appropriate for a developer...to dismiss a more central location on the basis that it is not available to the developer…in question’. The site is therefore suitable and viable and, technically, available now that the car dealership has relocated. In practice, the site is currently in the course of being prepared in order to implement the planning permission and is expected to be occupied by M&S Simply Food.

The Moor markets redevelopment in the City Centre was permitted in November 2009. It includes 8 retail units with a total of 9700m2 of floorspace. Construction on the site is likely within the next 18 months. Both food and non-food retail

76 development could be accommodated in them. The New Retail Quarter will also be available within a reasonable period of time.

The submitted Retail Assessment dismisses both these sites on the grounds that the units will are unsuitable because they will have higher rental levels than Archer Road due to their city centre location and footfall. It may therefore be argued reasonably that the type of business model that would operate at Archer Road would be difficult to operate from these sequentially preferable sites.

In view of the above, the application fails the sequential approach for food retailing but is consistent with the sequential approach in relation to non-food retailing. The applicant is happy for the planning permission to be restricted to prevent the sale of food.

Retail Impact

PPS4 requires applications for out-of-centre retail development that do not accord with an up-to-date development plan, to be assessed for their impact on town centres.

The submitted Retail Assessment considers the impact on the 5 nearest District Shopping Centres (DSC’s), at Banner Cross, Ecclesall Road, Heeley, London Road and Woodseats, together with the New Retail Quarter (NRQ).

The Sheffield Retail Study was completed in March 2010 and shows that the nearest DSC’s can be described as being in good ‘health’ with the City Centre being in reasonable health with major planned improvements. The Study also indentifies capacity of £22.4m at 2011 to support additional comparison goods floorspace, over and above existing commitments. These existing commitments include the current planning permission on this site.

The Retail Assessment for the original application (06/03853/FUL) showed that with conditions on the type of goods sold, retail turnover from the approved use would be £2.4m. The current Retail Assessment estimates that without conditions, and still as a non-food retail unit, its uplift in turnover would be 25% (only £0.6m). No assessment was made of the effects of food retailing.

The Retail Assessment estimates a ‘worst case scenario’ of the eventual occupier diverting 40% of its trade from existing out of centre stores, including within Archer Road, and 60% from the 5 nearest DSC’s. The estimates appear to be reasonable although it is anticipated that some of the trade would come from the City Centre. Based on current turnover estimated in the Sheffield Retail Study 2010 this would cause reductions in turnover of up to 2% in each DSC compared with the fallback position of development of a retail unit that complied with the current planning condition.

This level of trade withdrawal is not likely to cause demonstrable harm. Any trade withdrawal from the City Centre will be a small proportion of its £750m spending. There is therefore no clear evidence that the proposal is likely to lead to significant adverse impact on either the DSC’s or the City Centre.

Overall, the unrestricted sale of comparison goods from the approved bulky goods retail unit is considered acceptable in accordance with UDP Policy S5 and having regard to national planning policies in PPS4. However, food retail should be excluded. This can be achieved by the variation rather than removal of the condition.

Consideration of the cumulative retail impact should be considered. The combined comparison goods turnover of the Tesco and Sainsbury extensions will be around £21m by 2014. The £0.6m uplift in turnover of the application proposals is small by comparison.

Although PPS4 does not specifically require applicants to take account of other applications, issues of precedent are important if the applications are sufficiently similar. Ignoring a precedent of giving permission to a similar development may lay the Council open to claims of inconsistency. However, having regard to the nature of this application, the proposal is considered sufficiently different from the Tesco and Sainsbury proposals for the decision not to set a precedent.

It is estimated that comparison spending is likely to increase in the 0-10 minute area by £50m up to 2014, compared with which an uplift in comparison turnover of less than £1m is insignificant. The nearby DSC’s are in a relatively healthy state and it is considered that there is no clear evidence that the extension would have a harmful impact on in-centre trade and trade in the wider area.

Highway Issues

The proposed variation of condition must be considered in the context of the continued implementation of the approved site layout.

Car parking accommodation in the approved scheme was reduced from 63 to 48 spaces. This is the maximum provision for food retail uses and above the maximum provision for non-food retail uses having regard to the Council’s current Car Parking Guidelines.

The widely recognized TRICS database indicates that there is likely to be an increase of 61 vehicles per day. This is based on a comparison between bulky goods retailers, which would be expected to generate 340 vehicles per day, and large non-food retailers (e.g. Pets at Home, Dunelm Mill and Toys R Us) which would be expected to generate 401 vehicles per day. It is worth noting that the original application was based on the applicant’s estimate of 400 – 500 vehicles per day, although it is considered that this was an over-estimate.

The car parking, servicing provision and highway network is capable of accommodating this negligible increase in overall traffic activity. Non-food retail use would therefore comply with UDP Policies S5(d) and (e) and MU11(f).

The predictions for food retail differ significantly with an anticipated 1426 vehicles over a 12 hour period. Considering the differences between non-food and food related traffic, together with the cumulative impact associated with the potential

78 developments at Tesco and Sainsbury, it is appropriate to require a Transport Assessment (TA) prior to considering any proposal for food retail. In the absence of a TA it is recommended that food retail is not permitted.

Air Quality

Core Strategy Policy CS66 (Air Quality) commits to improving air quality across the built-up area and ‘particularly where residents in road corridors with high levels of traffic are directly exposed to levels of pollution above national targets.’ This is to be delivered through deciding planning applications that give rise to significant amounts of traffic in addition to an Air Quality Plan and Local Transport Plans.

The predicted increase in traffic associated with the non-food proposals is negligible in the context of the local area and does not trigger a need for an Air Quality Impact Assessment. Bearing in mind that the anticipated increase is only 61 vehicles, it is difficult to fully justify any requirement for mitigation measures. However, having regard to the air quality issue in the area it is recommended that two of the parking spaces are fitted with battery charging points. Adequate cycle parking provision is already made within the approved scheme.

SUMMARY AND RECOMMENDATION

The application is to remove a planning condition that places a restriction on the goods that can be sold from a previously approved retail unit. This is due to the failure of the approved development in attracting a bulky goods operator.

The application fails to comply with the required sequential approach for food retailing but is consistent with the sequential approach in relation to non-food retailing. The level of trade withdrawal from the nearest District Shopping Centres is not likely to cause demonstrable harm and any trade withdrawal from the City Centre will be a small proportion of its £750m spending. There is therefore no clear evidence that the proposal is likely to lead to significant adverse impact on either the DSC’s or the City Centre.

There will be an estimated increase of approximately 60 vehicles daily based on a comparison between bulky goods retailers and large non-food retailers, with an overall generation of approximately 400 vehicles per day. It is worth noting that the original application was based on the applicant’s estimate of 400 – 500 vehicles per day, although it is considered that this was an over-estimate. The car parking, servicing provision and highway network is capable of accommodating this negligible increase in overall traffic activity.

The predicted increase in traffic is negligible in the context of the local area and does not trigger a need for an Air Quality Impact Assessment. Bearing in mind that the increase is negligible, it is difficult to fully justify any requirement for mitigation measures. However, having regard to the air quality issue in the area it is recommended that two of the parking spaces are fitted with battery charging points to encourage the use of more sustainable forms of transport.

79 Overall, the unrestricted sale of comparison goods from the approved bulky goods retail unit is considered acceptable in accordance with local and national policies. It is recommended that the relevant condition is varied to exclude the retail sale of food.

Case Number 10/01333/FUL

Application Type A Full Planning Application

Proposal Demolition of existing single storey restaurant and erection of 3 shop units and 14 apartments in a three storey block, with ancillary car parking accommodation, servicing area, cycle and bin stores (re-submission of 09/03691/FUL)

Location Lajawab Indian Restaurant 386 Handsworth Road Sheffield S13 9BY

Date Received 23/04/2010

Team CITY CENTRE AND EAST

Applicant/Agent Tatlow Stancer Architects

Recommendation Grant Conditionally subject to Legal Agreement

Subject to:

1 The development must be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 The development must be carried out in complete accordance with the following approved documents;

Drawing no. A3_01, dated March 2009, received 23.04.2010; Drawing no. A3_02, dated March 2009, received 23.04.2010; Drawing no. A3_03 Rev B, emailed 24.06.2010; Drawing no. A3_04, emailed 24.06.2010; Drawing no. A3_05 Rev B, dated June 2009, received 23.04.2010; Drawing no. A3_06, Rev C, emailed 24.06.2010; Drawing no. A3_07, Rev B, dated Nov 2009, received 23.04.2010; Drawing no. A3_08, Rev B, dated Nov 2009, received 23.04.2010; Drawing no. A3_09, Rev B, dated Nov 2009, received 23.04.2010; Drawing no. A3_10, Rev B, dated Nov 2009, received 23.04.2010; Drawing no. A3_12, Rev A, dated April 2010, emailed 24.06.2010;

81 Drawing no. A3_13, Rev A, dated April 2010, emailed 24.06.2010; Drawing no. A3_14, dated June 2010, emailed 24.06.2010; Drawing no. A3_15, dated June 2010, emailed 24.06.2010; Drawing no. A3_17, dated June 2009, emailed 24.06.2010; and Drawing no. A3_18, dated June 2009, emailed 24.06.2010.

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

3 Details of all proposed external materials and finishes, including the following items shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced:-

i) brick; ii) cladding system; iii) external finish to terraces; iv) render including colour and finish; v) panels to openings; and vi) glazing system including all doors, windows and shop fronts

Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

4 Before the development is commenced the following samples shall have been submitted to and approved in writing by the Local Planning Authority: i) proposed brick; and ii)proposed cladding system

Thereafter, the development shall be carried out using the approved materials.

In order to ensure an appropriate quality of development.

5 Notwithstanding the details on the submitted drawing no. A3_16, full details, including 1:20 scale drawings of the proposed entrance canopies, balconies and Juliet balconies shall have been submitted to and approved in writing by the Local Planning Authority and such canopies and balconies/Juliet balconies shall be erected in accordance with those details and thereafter retained.

In order to ensure an appropriate quality of development.

82 6 Notwithstanding the details indicating the location of photo voltaic solar panels and extent of green roof, on the submitted drawing no. A3_04, a revised roof plan showing areas of green roof and the position of photo voltaic solar panels shall be submitted to and approved in writing by the Local Planning Authority.

To ensure that a sufficient proportion of the roof will be utilised as a green roof.

7 Before the commencement of development, large scale details, including materials and finishes, at a minimum of 1:20 of the items listed below shall be approved in writing by the Local Planning Authority:

i) parapet capping system; ii) windows; and iii) window reveals, with minimum reveal depths of 100mm

Thereafter, the works shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

8 Notwithstanding the details shown on the submitted site plan, drawing no. A3_03, a revised layout plan indicating the position of the proposed screen fence on the east boundary, shall have been submitted to and approved in writing and such boundary fence shall be erected in accordance with those details and thereafter retained.

In the interests of the visual amenities of the locality.

9 Before the development is commenced, details, including an elevational drawing of the existing and proposed southern boundary shall have been submitted to and approved in writing and any new areas of infill and new masonry shall match the existing masonry in bonding, colour, size, shape and texture and in the colour and finished treatment of mortar joints.

In order to ensure an appropriate quality of development.

10 Before the development is commenced, details (to include materials) of the proposed detached bin store and cycle store shall have been submitted to and approved in writing by the Local Planning Authority and such stores shall be erected in accordance with those plans and thereafter retained.

In the interests of the amenities of the locality and occupiers of the proposed building.

11 Before the development is commenced, details of the capacity of the proposed bin stores for the commercial and residential properties shall have been submitted to and approved in writing by the Local Planning Authority.

To ensure the bin storage facilities will be to a capacity which will meet the needs of future occupant/users of the building.

12 Apartment nos. 8 and 14 shall not be occupied unless a 1.8 metres high screen has been erected on the west elevation of the balcony. Before the screens are erected, details thereof shall have been submitted to and approved in writing by the Local Planning Authority and such screens shall be retained as approved thereafter.

In the interests of the amenities of occupiers of adjoining property.

13 Unless otherwise agreed in writing the proposed green roof(s) (vegetated roof system) shall be provided on the roof(s) in the locations to be approved prior to the use of the building commencing and shall thereafter be retained. Prior to works commencing on site, full details of the green roof construction and specification, together with a maintenance schedule shall be submitted to and approved by the Local Planning Authority and unless otherwise agreed in writing shall include a substrate based growing medium of 80mm minimum depth incorporating 15-25% compost or other organic material. Herbaceous plants shall be employed and the plants shall be maintained for a period of 5 years from the date of implementation and any failures within that period shall be replaced.

In the interests of biodiversity.

14 The dwellings hereby approved shall be constructed to achieve a minimum standard of Code Level for Sustainable Homes Level 3 and before any dwelling is occupied (or within an alternative timescale to be agreed) the relevant certification, demonstrating that Code Level 3 has been achieved, shall be submitted to and approved in writing by the Local Planning Authority.

In the interests of mitigating the effects of climate change, in accordance with Sheffield Development Framework Core Strategy Policy CS64.

15 Before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided: a) a minimum of 10% of the predicted energy needs of the completed development being obtained from decentralised and renewable or low carbon energy; and

84 b) The Generation of further renewable or low carbon energy or incorporation of design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy to satisfy (a)

Any agreed renewable or low carbon energy equipment, connection to decentralised or low carbon energy sources or additional energy efficiency measures shall have been installed before any part of the development is occupied and a post-installation report shall have been submitted to and approved in writing by the Local Planning Authority to demonstrate that the agreed measures have been installed. Thereafter the agreed equipment, connection or measures shall be retained in use and maintained for the lifetime of the development, unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure that new development makes energy savings in the interests of mitigating the effects of climate change, in accordance with Sheffield Development Framework Core Strategy Policy CS65.

16 Before the development is commenced, details/specifications including fixing method of the proposed photo voltaic solar panels shall have been submitted to and approved in writing by the Local Planning Authority and such equipment shall be installed in accordance with the approved details and thereafter retained.

In the interests of the visual amenities of the locality.

17 Before any work on site is commenced, a comprehensive and detailed hard and soft landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The landscape works shall be implemented prior to the development being brought into use or within an alternative timescale to be first agreed in writing with the Local Planning Authority. Thereafter the landscaped areas shall be retained and shall not be used for any other purpose without the prior consent of the Local Planning Authority. They shall be cultivated and maintained for a period of 5 years from the date of implementation and any plant failures within that five year period shall be replaced.

In the interests of the amenities of the locality.

18 Before any work on site is commenced, measures to protect the existing trees, shrubs and hedges to be retained shall be provided, in accordance with details which shall be submitted to and approved by the Local Planning Authority. These measures shall include a construction methodology statement and plan showing accurate root protection areas and the location

85 and details of protective fencing and signs. Protection of trees shall be in accordance with BS 5837, 2005 (its replacement) and the protected areas shall not be disturbed, compacted or used for any type of storage or fire, nor shall the retained trees, shrubs or hedge be damaged in any way. The Local Planning Authority shall be notified in writing when the protection measures are in place and the protection shall not be removed until the completion of the development unless otherwise agreed in writing.

In the interests of the amenities of the locality.

19 Notwithstanding the submitted drawing, no. A3_03 Rev C, indicating the turning space, a revised drawing showing a turning space for vehicles shall have been submitted to and approved by the Local Planning Authority, which shall be implemented prior to the use of the building and thereafter retained.

In the interests of the safety of road users.

20 The building shall not be used unless 2.0 metres x 2.0 metres vehicle/pedestrian intervisibility splays have been provided on both sides of the means of access such that there is no obstruction to visibility greater than 600 mm above the level of the adjacent footway and such splays shall thereafter be retained.

In the interests of the safety of road users.

21 Before the development is commenced, details of the proposed surfacing, layout and marking out of the car parking accommodation shall have been submitted to and approved in writing by the Local Planning Authority. The building shall not be used unless the car parking accommodation has been provided in accordance with the approved plans and thereafter such car parking accommodation shall be retained for the sole use of the development hereby permitted.

In the interests of traffic safety and the amenities of the locality.

22 The development shall not be begun until the improvements (which expression shall include traffic control, pedestrian and cycle safety measures) to the highways listed below have either;

a) been carried out; or

b) details have been submitted to and approved by the Local Planning Authority of arrangements which have been entered into which will secure that such improvement works will be carried out before the is/are brought into use.

Highway Improvements:

1. Lay kerbs and surface a distance of approximately 7 metres to close the gap in the central reservation opposite the premises trading as the sandwich bar approximately 30 metres west from the site subject of this application. 2. Renew lines signs and paving to existing pedestrian crossing to the east of Bramley Lane as necessary to achieve current standards. 3. Comply with all requirements of the service provider in the re-siting of the telephone kiosk. 4. Provide a new bus shelter to the specification of SYPTE to be re-sited as shown on approved drawings, and reconstruct kerb line to current specification to provide disabled bus access facilities. 5. Reconstruct the footway to the entire frontage of the site long Handsworth Road a distance of approximately 40 metres to Sheffield City Council specifications. 6. Provide and install lines and signing giving clear instruction for all drivers leaving the site of the required direction of travel and that there is no right turn from the development. 7. The promotion of parking restrictions and other regulatory measures including any traffic regulation orders deemed necessary by the Highway Authority as a consequence of this development. 8. Construct a guidance path route to the raised kerb to the proposed relocated bus stop to Sheffield City Council specifications.

All the above works shall be carried out to the satisfaction of the Local Planning Authority.

To enable the above-mentioned highways to accommodate the increase in traffic, which, in the opinion of the Local Planning Authority, will be generated by the development.

23 Prior to the improvement works indicated in the preceding condition being carried out, full details of these improvement works shall have been submitted to and approved in writing by the Local Planning Authority.

In the interests of traffic safety and the amenities of the locality.

24 The building shall not be used unless all redundant access have been permanently stopped up and reinstated to footway, and means of vehicular access shall be restricted solely to those access points indicated in the approved plans.

In the interests of traffic safety and the amenities of the locality.

25 Before the development is commenced, details of the means of ingress and egress for vehicles engaged in the construction of the development shall

87 have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the arrangements for restricting the vehicles to the approved ingress and egress points. Ingress and egress for such vehicles shall be obtained only at the approved points.

In the interests of traffic safety and the amenities of the locality.

26 At all times that demolition and construction work is being carried out equipment shall be provided to the satisfaction of the Local Planning Authority for the effective cleaning of the wheels and bodies of vehicles leaving the site so as to prevent the depositing of mud and waste on the highway but before the development is commenced full details of such equipment shall have been submitted to and approved by the Local Planning Authority. When the above-mentioned equipment has been provided thereafter such equipment shall be used for the sole purpose intended in all instances and be properly maintained.

In the interests of the safety of road users.

27 The building shall not be used unless provision has been made within the site for accommodation of delivery/service vehicles in accordance with the plans submitted. Thereafter, all such areas shall be retained free of all obstructions, including the storage, display and depositing of materials, packaging or other objects so that the service yard is fully available for the parking, turning and manoeuvring of delivery/service vehicles.

In the interests of highway safety and the amenities of the locality.

28 Surface water and foul drainage shall drain to separate systems.

To ensure satisfactory drainage arrangements.

29 No piped discharge of surface water from the application site shall take place until surface water drainage works including off-site works have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

30 Before the development is commenced, details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works shall have been submitted to and approved in writing by the Local Planning Authority and thereafter such drainage works shall be implemented in accordance with those details.

88 To ensure satisfactory drainage arrangements.

31 The residential accommodation hereby permitted shall not be occupied unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall be based on the findings of the submitted noise report reference 52785889/1, dated 9th November 2009 and be capable of achieving the following noise levels:

Bedrooms: LAeq 15 minutes - 30 dB (2300 to 0700 hours); and Living Rooms: LAeq 15 minutes - 40 dB (0700 to 2300 hours).

Before the scheme of sound attenuation works is installed full details thereof shall first have been submitted to and approved in writing by the Local Planning Authority.

In the interests of the amenities of the future occupiers of the building.

32 Before the use of the development is commenced, a Validation Test of the sound attenuation works shall have been carried out and the results submitted to and approved by the Local Planning Authority. Such Validation Test shall:

a) Be carried out in accordance with an approved method statement,

b) Demonstrate that the specified noise levels have been achieved. In the event that the specified noise levels have not been achieved, then notwithstanding the sound attenuation works thus far approved, a further scheme of sound attenuation works capable of achieving the specified noise levels and recommended by an acoustic consultant shall be submitted to and approved by the Local Planning Authority before the use of the development is commenced. Such further scheme of works shall be installed as approved in writing by the Local Planning Authority before the use is commenced and shall thereafter be retained.

In the interests of the amenities of the locality and occupiers of adjoining property.

33 No externally mounted plant or equipment for heating, cooling or ventilation purposes, nor grilles, ducts, vents for similar internal equipment, shall be fitted to the building unless full details thereof have first been submitted to and approved by the Local Planning Authority, and once installed such plant or equipment should not be altered without prior written approval of the Local Planning Authority.

In the interests of the amenities of the locality and occupiers of adjoining property.

34 No deliveries to the building shall be carried out between 2300 hours to 0700 hours Mondays to Saturdays and 2300 hours to 0900 hours Sundays and Public Holidays.

In the interests of the amenities of the locality and occupiers of adjoining property.

35 No amplified sound or live music shall be played either within or without the premises nor shall loudspeakers be fixed at any time outside the building.

In the interests of the amenities of the locality and occupiers of adjoining property.

36 Before the development is commenced, actual or potential land contamination and ground gas contamination at the site shall have been investigated and a Phase 1 Preliminary Risk Assessment Report shall have been submitted to and approved in writing by the Local Planning Authority. The Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004).

In order to ensure that any contamination of the land is properly dealt with.

37 Any intrusive investigation recommended in the Phase I Preliminary Risk Assessment Report shall be carried out and be the subject of a Phase II Intrusive Site Investigation Report which shall have been submitted to and approved in writing by the Local Planning Authority prior to the development being commenced. The Report shall be prepared in accordance with Contaminated Land Report CLR 11 (Environment Agency 2004).

In order to ensure that any contamination of the land is properly dealt with.

38 Any remediation works recommended in the Phase II Intrusive Site Investigation Report shall be the subject of a Remediation Strategy Report which shall have been submitted to and approved in writing by the Local Planning Authority prior to the development being commenced The Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

In order to ensure that any contamination of the land is properly dealt with.

39 All development and associated remediation shall proceed in accordance with the recommendations of the approved Remediation Strategy. In the event that remediation is unable to proceed in accordance with the

90 approved Remediation Strategy, or unexpected contamination is encountered at any stage of the development process, works should cease and the Local Planning Authority and Environmental Protection Service (tel: 0114 273 4651) should be contacted immediately. Revisions to the Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority. Works shall thereafter be carried out in accordance with the approved revised Remediation Strategy.

In order to ensure that any contamination of the land is properly dealt with.

40 Upon completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy a Validation Report shall be submitted to the Local Planning Authority. The development or any part thereof shall not be brought in to use until the Validation Report has been approved in writing by the Local Planning Authority. The Validation Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

In order to ensure that any contamination of the land is properly dealt with.

41 The retail units and apartments shall not be used unless a level threshold has been provided to the entrance in accordance with details to be submitted to and approved in writing by the Local Planning Authority and thereafter such level threshold shall be retained.

To ensure ease of access and facilities for disabled persons at all times.

42 All entrance doors shall have a clear effective opening of no less than 1000mm.

To ensure ease of access and facilities for disabled persons at all times.

43 Manifestation shall be provided to glazed doors and shop fronts, and doors shall be distinguishable from the fixed glazing.

To ensure ease of access and facilities for disabled persons at all times.

Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas CS24 - Maximising the Use of Previously Developed Land for New Housing CS26 - Efficient Use of Housing Land and Accessibility CS41 - Creating Mixed Communities

The design of the proposed development is considered acceptable in terms of its scale, form, detail and siting. The scale of the building is larger than the adjacent units to the west of the site, in particular to No. 370 Handsworth Road. However, there will be a physical break between the buildings, which will reduce the overbearing impact and coupled with the fact that the roofline will appear to step down, to reflect the topography, it will not appear visually obtrusive, and will not compromise the street scene. Furthermore, the building will not exceed the ridge height of the adjacent property at 388 Handsworth Road.

The building will incorporate a number of sustainable features and will meet the Code for Sustainable Homes, Level 3, in line with current Core Strategy Policies.

Occupiers of adjacent properties will not be adversely affected by the proposed development.

The proposal does raise some concerns in respect of highway safety. There is unlikely to be a significant increase in on-street parking as a result of 3 additional retail units and a small shortfall in residential visitor parking. Highway improvements proposed will also address some of the traffic safety concerns.

The proposed development will facilitate the removal of an unsympathetic building and operation on the site and will enhance the visual quality of the area. The application is considered acceptable, such that it will accord with UDP Policies S7, S10, H7, H16 and BE5, Core Strategy Policies CS24, CS26, CS41, CS64, and CS65, CS74 and PPG24 ‘Planning and Noise’ and is therefore recommended for approval, subject to the completion of a Section 106 Legal Agreement with the following Heads of Terms.

Attention is drawn to the following directives:

1. The applicant is advised that there is Yorkshire Electric apparatus within the site, which may affect the proposed development. Please contact Mr P Liddle of CE Electric UK , Tel: 0191 2294294.

92 2. The applicant is advised to complete any pruning and canopy thinning to the sycamore trees along the rear boundary prior to construction works commencing.

3. To ensure that the road and/or footpaths on this development are constructed in accordance with the approved plans and specifications, the work will be inspected by representatives of the City Council. An inspection fee will be payable on commencement of the works. The fee is based on the rates used by the City Council, under the Advance Payments Code of the Highways Act 1980.

If you require any further information please contact Mr S A Turner on Sheffield (0114) 2734383.

4. It is noted that your planning application involves the construction or alteration of an access crossing to a highway maintained at public expense.

This planning permission DOES NOT automatically permit the layout or construction of the access crossing in question, this being a matter which is covered by Section 184 of the Highways Act 1980, and dealt with by:

Assistant Head of Highways Development Services Howden House 1 Union Street Sheffield S1 2SH

For access crossing approval you should contact the Highway Development Control Section of Sheffield City Council on Sheffield (0114) 2736136, quoting your planning permission reference number.

5. You are required, as part of this development, to carry out works within the public highway. You must not start any of this work until you have received a signed consent under the Highways Act 1980. An administration/inspection fee will be payable and a Bond required as part of the consent.

You should apply for a consent to: -

Highways Adoption Group Development Services Sheffield City Council Howden House, 1 Union Street Sheffield S1 2SH

For the attention of Mr S Turner Tel: (0114) 27 34383

93 6. As the proposed development abuts the public highway you are advised to contact the Highways Co-ordination Group on Sheffield 2736677, prior to commencing works. The Co-ordinator will be able to advise you of any pre- commencement condition surveys, permits, permissions or licences you may require in order to carry out your works.

94 Site Location

LOCATION AND PROPOSAL

The application site, which lies within the Handsworth Local Shopping Area, relates to an asymmetrical piece of land that comprises a single-storey restaurant building and the car park to that restaurant which is presently used as a hand car wash. A large YEB substation, which is served by a gated means of vehicular access from Handsworth Road is positioned to the west. A small scale landscaping business also operates from the western half of the site. The site occupies a prominent position fronting onto the dual carriageway of Handsworth Road, in close proximity to a signalised junction.

The site occupies a plot that is approximately 0.15 hectares; positioned midway within a parade of shop units. The site is bounded by retail units to the east, single and two-storey retail units to the west, a three-storey block of flats to the north and allotments (Green Belt land) to the south. The character of the main Handsworth Road frontage is depicted by a variety of architectural styles whilst the surrounding area, which is dominated by residential properties, dates from the mid to late 20th Century.

Planning permission is sought to demolish the existing single-storey restaurant building and erect a three-storey building that will provide 3 retail units at ground floor with 14 apartments above. To the rear of the building, which will be accessed using an existing means of vehicular access, will be 15 ancillary car parking spaces, a cycle store, bin stores and communal amenity space. This proposal is a re-submission of a previously withdrawn application, (09/03691/FUL).

96 RELEVANT PLANNING HISTORY

09/03691/FUL – Demolition of existing single-storey restaurant and erection of 3 shop units and 14 apartments in a three-storey block – Withdrawn – 17.03.2010.

09/02546/FUL – Use of car park as hand car wash – Renewal of temporary planning permission 08/04721/CHU – Granted Conditionally – 22.09.2009.

09/02406/COND – Submission of 08/04721/CHU condition details, Condition nos. 4 surface water, 5. Protection from water spray – CADIS – 23.09.2009.

08/04721/CHU – Use of car park as hand car wash - Granted Conditionally – 06.01.2009.

07/02562/CHU – Use of part of car park as a hand car wash – Granted Conditionally – 22.08.2007.

98/01373/FUL – Erection of a storage unit – Refused – 10.12.1998.

97/01645/FUL – Alterations and single-storey front extension to restaurant – Granted Conditionally – 22.01.1998.

96/00476/FUL – Erection of garage for use as an MOT testing station and car sales centre – Refused – 30.05.1996.

95/01748/FUL – Construction of pitched roof and erection of perimeter fencing (plan 31st March 1995) – Granted Conditionally – 31.03.1995.

90/02467/FUL – 386 – 392 Handsworth Road – Use of first floor of building (no. 392) as self-contained flat, erection of external stairway and provision of a one way traffic system – Granted Conditionally – 04.10.1990.

90/00816/FUL – Use of building as a dry cleaning and shoe repair shop – Granted Conditionally – 05.04.1990.

88/02349/OUT – Residential Development – Granted Conditionally – 19.10.1988.

86/00401/FUL – Extension to restaurant to form entrance and waiting area – Granted Conditionally – 12.03.1986.

85/01008/FUL – Use of premises as restaurant/take-away food shop – Granted Conditionally – 21.08.1985.

84/02490/FUL – Site of 374-386 Handsworth Road, Hilltop Service Station – Use of premises for car sales – Withdrawn – 27.06.1985.

83/02034/FUL – Use of premises as snack bar with take-away facilities – Granted Conditionally – 09.11.1983.

SUMMARY OF REPRESENTATIONS

A site notice was displayed and following neighbour consultation, seven letters of objection, 3 of which are from the same objector, have been received from neighbouring residents. The objections raised relate to the following:-

- description of development is misleading; - loss of privacy; - loss of view of sun and countryside ; - reduction of light into homes; - may contribute to effects of SAD (Seasonally Affected Disorder); - road pollution; - traffic noise and comment re future occupants owning cars; - many local businesses fail; if shops fall into disuse – will lead to anti-social behaviour, thus become less safe and more threatening; - traffic hazard cause by cars turning right across central reservation; - pedestrian safety – will block view of pedestrians crossing the road; - incorrect restaurant name; - any additional shops could affect existing local traders, causing further loss of small, local shops; - will exacerbate on-street parking and restrict access to bus stop; - late night opening will lead to anti-social behaviour; - litter; - loss of open site will exacerbate noise from traffic; - increased congestion; and - comments relating to the fact that the application was re-submitted quickly.

A petition containing 26 signatures has also been received. Comments are as follows:-

- design - building is large and ugly; - visual amenity - not fit into the surrounding area; - loss of light; - overlooking; - will threaten existing shops; - traffic and parking problems; and - increase illegal parking in private parking area serving flats.

Five letters of objection, which include a letter from the Handsworth Community Forum on behalf of a local resident, and a petition with 67 signatures from the Handsworth Community Forum, was received in respect of a previously submitted application, ref no. 09/03691/FUL, which was later withdrawn. The objections raised were consistent with those mentioned above.

PLANNING ASSESSMENT

Land Use Policy

The application site lies within a Local Shopping Area, adjacent to an Area of Special Character, as defined in the Unitary Development Plan and as such, UDP Policies S7 and S10 will be relevant.

UDP Policy S7 states that shops (Class A1) are the Preferred Use, but that other uses such as offices used by the public (Class A2), food and drink outlets (formerly Class A3), business (Class B1), hotels (C1), housing (C3) and leisure and recreational facilities (D2) are also acceptable. The proposed development, which comprises 3 Class A1 shop units and 14 residential units are therefore acceptable uses in principle and will comply with this Policy.

UDP Policy S10, in particular, (a) states that new development will be acceptable subject to it not leading to a concentration of uses, which would prejudice the dominance of Preferred uses in the Area. The Shopping Area is depicted by a variety of uses and since 3 additional A1 shop units are proposed, the dominance of A1 uses will not be undermined but will provide a positive contribution to the vitality and viability of the Local Shopping Area. The residential units will not be at street level, but at first and second floor level, thus, will not prejudice the character of the area.

The proposal will also need to be consistent with Policies contained within the Sheffield Development Framework, Core Strategy, adopted in March 2009. Of particular relevance are Policies CS24, CS26 and CS41.

Core Strategy Policy CS24, ‘Maximising the use of previously developed land for new housing’ places an emphasis on building on brownfield sites, with a target of 88%. The site is currently being used as a car wash facility, and as a restaurant and is therefore considered to be previously developed, ie brownfield land. The redevelopment of the site will contribute towards the 88% target; thus, it will comply with Policy CS24.

Core Strategy Policy CS26, ‘Efficient Use of Housing Land and Accessibility’ seeks to ensure efficient use of land but keep densities to a ratio which reflects the character of the area. Densities do vary in the City and a site such as this, which is near to a high frequency bus route, is recommended to have a density of 40 to 60 dwellings per hectare. The net density for the proposed development will be 95 dwellings per hectare, which is significantly above the recommended range. However, in this particular instance there a number of additional factors to take into account. The proposal represents a typical ‘flats over shops’ concept, which is characteristic of the area, and is reflected not just in this local shopping area but in other local shopping areas within the City. It is not considered that this type of development will compromise the character of the area. Although the site is not particularly large, the onset costs are high, owing to the position of the YEB sub- station and the need to re-direct cables which currently run beneath the existing restaurant. The financial viability of the scheme is therefore dependent on the number of residential units which can be achieved on the site. The site is considered to be an eyesore and given its history, the proposed development represents a good opportunity to consolidate the land and facilitate a permanent use for the site, which will be in keeping with the existing shopping area and be more compatible with the surrounding area than the present restaurant and car wash. Taking into account these mitigating circumstances it is considered that a density in excess of Policy CS26 is acceptable in this instance.

99 Core Strategy Policy CS41 ‘Creating Mixed Communities’ encourages the creation of mixed communities, which will be promoted by encouraging the development of housing to meet a range of needs including a mix of prices, sizes, types and tenures. The proposed development comprises 14 x 2 bedroomed apartments, which does not constitute a mix. However, the Policy does set a minimum threshold of 60 units, over which there is a requirement for a mix to be achieved. Since the proposal relates only to 14 units, there is no requirement for a mix of house types in this case. Furthermore, the area is depicted by a high volume of family homes, so there may be a demand for smaller units such as these. Providing 2 bedroomed apartments does also offer greater flexibility for the use of the second bedroom.

Design/Visual Amenity

As the proposed development involves the erection of new buildings, UDP Policy S10 and Core Strategy Policy CS74 is relevant. Policy S10 (d) states that the proposal should be well designed and of a scale and nature appropriate to the site; and (e) comply with Policies for the Built and Green Environment as appropriate. Given the above, UDP Policy BE5 will be applicable in this instance. Policy BE5, which relates to building design and siting, sets out the principles for good design and encourages the use of good quality materials. BE5 (a) states that new buildings should complement the scale, form and architectural style of surrounding buildings and in BE5 (d) it states that in all new developments, design should be to a human scale wherever possible and particularly in large-scale developments, the materials should be varied and the overall mass of buildings broken down. Section (f) of the Policy states that the design should take full advantage of the site’s natural and built features; and in (g), that the design, orientation and layout of developments should encourage the conservation of energy and other natural resources.

Core Strategy Policy CS74 sets out the design principles for new development, with a particular emphasis on achieving high quality development, which will respect, take advantage of and enhance the distinctive features of its districts and neighbourhoods.

Following demolition and clearance of the site, a three-storey building will be erected extending across the frontage of the site for a distance of 35.6 metres. The building will sit forward on the site, but will step back at intervals, to follow a curved building line between the adjacent properties of nos. 388 and 370 Handsworth Road.

The height of the building will be consistent at three-storeys high, but the roof height will incrementally step down, following the topography. The building, which will incorporate a flat roof with a parapet wall, will not project beyond the ridge height of the adjacent building of no. 388 Handsworth Road. The front elevation to the building will be sub-divided into 3 blocks, which will be signified by a definite step back in the front elevation, corresponding with the step down in the building. This will be further emphasised by the continuation of brick down to ground level, which also serves to ground the building. The Handsworth Road frontage will incorporate a brick and horizontal clad façade, with substantial glazing to the

100 ground floor, where the commercial units will be located. At either end of the building are tall glazed panels, which denote legible entrances to the apartment block and provide a means of ‘book- ending’ the building. The entrances will include canopies, which further accentuates their purpose. Windows to the first and second floor demonstrate a hierarchy, with proportions which reflect the local vernacular and are appropriately positioned. The overall design of the building is therefore considered to respect the character of its surroundings, such that it will not detract from the character of the adjacent Area of Special Character.

The rear elevation is similar in design to that of the front elevation, with a change in materials, bookend detailing, and fenestration pattern. Maximising the south-facing aspect, individual private terraces/balconies will be provided to a number of apartments. The rear views also face onto Green Belt land.

The west elevation will be of brick construction, with some visual relief provided by the introduction of vertical glazing and an additional entrance into the building. The east elevation is relatively blank, incorporating a brick exterior with some degree of glazing, which will provide light to the internal corridor but also serve to break up an otherwise blank elevation.

At the rear of the site will be a communal landscaped garden and an ancillary car parking area and service yard, which is separated by an existing electricity sub- station. A cycle store and recycling store will also be located in this area. New fencing will be introduced along the east and west boundaries and the southern boundary, which is denoted by a stone wall, will remain in situ with appropriate infilling and repair works to be carried out.

The footprint of the building will follow a similar format to that of adjacent units. The building will not exceed the ridge height of the adjacent two-storey, pitched roofed building of 388 Handsworth Road. The proposed first floor accommodation will be in alignment with the eaves of the adjacent unit of No. 388, thus maintaining some continuity. The second floor accommodation will be at the same level as the roof space of No. 388. A gable end exists on the side elevation of 388 and although the proposed building will not reflect the same detail, the awkward relationship between the buildings will be somewhat mitigated by the fact that the new building will be slightly angled away. The appearance of the street frontage will not be read as a flush run of buildings. Accordingly, it is concluded that the character of the adjacent building and general street scene will not be compromised and the scale and massing considered acceptable.

To the west, immediately adjacent to the site is a parade of retail units, of which the closest units are single-storey in height. Further down the parade are two-storey, pitched roofed buildings. It is acknowledged that the proposed three-storey building will be considerably higher than the adjacent units, in particular to the retail premises ‘Drinks Express’ (no. 372 Handsworth Road). Although the height of the new building will be approximately 9 metres high, there will however, be a separation distance of 6.6 metres between the two buildings. The proposed means of vehicular access will also provide a natural break between the buildings, such that they will not inter-relate but will be viewed as separate blocks. The present layout of the site is somewhat haphazard and the new building will serve to

101 provide some uniformity to the frontage. Although the proposed building will form an integral part of the street frontage, it will not appear out of character with the surrounding area. The roofline will appear to step down, to reflect the topography, thus ensuring that the building is not visually out of scale with the existing surroundings, but will blend in with the existing frontage, unlike the current premises within the parade to the west of the site. The west facing elevation will also incorporate a side entrance and additional glazing, which will lighten the appearance of this facade and provide some visual interest, given that it will be visible from the north-west approach of Handsworth Road.

The proposed development represents a ‘flats over shops’ proposal, which is typical in this Shopping Area and other shopping areas. There is a variety of built forms within the immediate vicinity, although there is a fairly strong Victorian influence, which is reflected in the proportions of the building. This proposal will facilitate the removal of an eyesore, and will consolidate the use of the land whilst maximising the space efficiently. The redevelopment of the site is welcomed and whilst it cannot be denied that the new building will be large, it is not considered to be out of scale such that it will detract from the character of the surrounding area. The proposal offers the opportunity to introduce a more contemporary addition to this prominent street frontage, which will be sympathetic to the character of the Area and also provide facilities that will better serve the needs of the community.

It is for the reasons set out above that the design of the proposed development is considered acceptable in terms of scale, form, detail and siting and as such will accord with UDP Policy BE5 and Policy CS74 of the Core Strategy.

Sustainability Issues

Core Strategy Policy CS64, which relates to climate change, resources and sustainable design of developments, requires that all new buildings be designed to reduce emissions of greenhouse gases and function in a changing climate. Of particular relevance are sections (a) which requires all developments to achieve a high standard of energy efficiency; and (b) make the best use of solar energy, passive heating and cooling, natural light and natural ventilation. All new buildings must also be designed to use resources suitainably, including minimising water consumption and maximising water re-cycling; re-using existing buildings where possible; designing buildings flexibly to allow a variety of possible future uses; using sustainable materials wherever possible; and minimising waste, promoting recycling, during construction and occupation.

The Policy requires that all new developments of 5 or more dwellings should achieve Code for Sustainable Homes Level 3 as a minimum. The submitted Design and Access Statement clearly states that this standard will be achieved and thus, in doing so, the carbon dioxide emissions will be reduced by 20%. In respect of meeting the requirement for a minimum of 10% renewable energy, this will be secured by the imposition of a condition.

The Policy also requires that non-residential developments over 500 sq metres gross internal floorspace should achieve a BREEAM (BRE Environment Assessment Method) rating of Very Good as a minimum. The commercial element

102 to the scheme, that which relates to the 3 retail units, falls below this threshold and as such, there is no requirement to meet this standard or reduce the carbon dioxide emissions by 20%.

Core Strategy Policy CS65, which relates to renewable energy and carbon reduction, requires that all significant developments (that being new developments of 5 dwellings or more, or more than 500 sq metres gross internal floorspace) should provide a minimum of 10% of their predicted energy needs from decentralised and renewable of low carbon energy; and generate further renewable or low carbon energy or design appropriately in order to achieve a 20% reduction on the development’s predicted carbon dioxide emissions.

In satisfying the above policies, the proposed development will also incorporate a number of energy efficient measures and sustainable features including the installation of highly efficient condensing boilers, exceptional levels of insulation (minimum 25% improvement above Building Regulations Part L), low air leakage, avoidance of thermal bridging, green materials chosen for construction, energy efficient lighting, the use of soakways to dispose of surface water runoff, grey water recycling, the provision of a green roof and the installation of photo voltaic solar panels. The layouts within the building are also designed to allow flexibility in the use of the space. In addition to the above, all external surfaces within the curtilage of the development will be either block paved, free-draining tarmac, or incorporate soft landscaping.

Finally, it should be noted that the scheme proposes to reuse an existing site in a sustainable location, which supports the objectives of the above Policies. It is in a sustainable location, situated in a local centre, within 400 metres of a high frequency bus service.

Access Issues

UDP Policy BE7, which refers to the design of buildings used by the public, requires that provision is made to allow people with disabilities safe and easy access to the building and to appropriate parking spaces. The site will be developed such that level thresholds will be achieved to all entrances, for both the residential element and the commercial units. Further consideration has been given to all elements of the development, including door widths, circulation space, external access arrangements, external surface treatments and car parking accommodation and lift access will be provided to all floors. The proposed development will satisfactorily meet the Council’s current Disabled Access Standards.

Mobility Housing

The scheme indicates the provision of 3 units, which will generally meet the mobility housing standards laid out in Supplementary Planning Guidance. Although this falls slightly short of the 25% specified in Policy H7 of the UDP and the SPG, it is considered acceptable in this instance because the development is modest in size and the site is fairly restrictive. Furthermore, 3 ancillary parking spaces for disabled persons can be comfortably provided within the site.

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Effect on Residential Amenity

As the proposal involves a change of use, UDP Policy S10 will apply. Of particular relevance is section (b) which states that residents or visitors in any hotel, hostel, residential institution or housing should not suffer from unacceptable living conditions, including air pollution, noise, other nuisance or risk to health or safety.etc.

The site lies within a Local Shopping Area, where there are a number of commercial premises operating at ground floor level, with residential flats above. Immediately to the west is the retail premises ‘Drinks Express’ (no. 372 Handsworth Road) and beyond, within the parade are other retail units. There are no immediate residential properties to the west of the site that will be affected by the proposed development.

Adjacent to the site, to the east, is the two-storey property (no. 388), which is occupied by William Hill betting shop, with ancillary storage above. In the side elevation of that property is a single window located at first floor level. This window does not serve a main habitable room and as such, there will be no significant impact on that property. Within the rear elevation of the property are windows with security grilles attached. The windows do not appear to serve any living accommodation.

To the north, opposite the site, is a three-storey block of flats, which are in excess of 30 metres away from the site. The degree of separation between the existing flats and the proposed new apartments is considered to be acceptable and will accord with the guidelines laid down in Supplementary Planning Guidance on House Extensions, which sets a minimum distance of 21 metres between main facing habitable room windows. Accordingly, the proposal will not cause a significant level of overlooking which is unacceptable and neither will the building have an overbearing impact on those properties. Occupiers of the existing flats will not be adversely affected.

To the south-west of the site are residential properties, which front onto Bramley Lane and have rear gardens facing east towards the site. The land falls away significantly from the north to the south down Bramley Lane such that residential properties are positioned to reflect the topography and are set down below the application site. Nos. 11. 15, 17 and 19 are bungalows. Beyond the site of no. 11, to the north and east, the land is already built up with buildings and yard areas serving the adjacent shop units. Nos. 15 and 17 have small rear gardens, which are raised and no. 15 has a garage located in the rear garden, abutting the west boundary of the application site.

The application site is elevated, but given the orientation of the proposed new building and the fact that there will be a distance of no less than 25 metres between the new building and the above-mentioned properties, there will be no adverse impact in terms of residential amenity. The proposed building will not face directly onto the bungalows, and to mitigate against potential overlooking resulting from the nearest balconies (serving apartment nos. 8 and 14), a condition will be

104 imposed requiring a high screen to be positioned on the west elevation of the balconies. Other balconies will be sufficiently distanced away to not raise any concerns in respect of reduced privacy levels.

Accordingly, the proposed building will be positioned to the north of the site, away from the Bramley Lane properties. Owing to the orientation of the plot, it is concluded that there will be little or no loss of direct sunlight to the adjacent properties and neither will the building have an overbearing impact.

Within the rear curtilage of the site will be a car parking area, which will serve the new apartments. The traffic movements generated by the proposed car parking area are not considered to be significant and unlikely to have an adverse impact on the neighbouring properties of 11 – 19 Bramley Lane. A screen fence will also be erected along the west boundary, which will provide a physical barrier to this area. A cycle store will be erected in the rear corner of the site, which is unlikely to be a large structure that will adversely affect the adjacent property, no. 19 Bramley Lane.

In conclusion, it is considered that occupiers of adjacent neighbouring properties will not be adversely affected by the proposed development, and as such, UDP Policy S10 will not be contravened.

Amenities of Future Occupants

The layout of the proposed development has been designed to allow a number of features to serve the needs of future occupants. The site will be secured by a gated means of vehicular and pedestrian access, perimeter fencing to the east and west and a stone wall to the southern boundary. To the rear is a defined parking area, which will include a cycle store, bin storage facilities, and a landscaped communal garden.

Noise and Land Contamination

PPG 24 ‘Planning and Noise’, establishes the use of noise exposure categories (NEC’s) for the assessment of whether residential developments are acceptable in areas that are close to identifiable noise sources. An Acoustic Report has been submitted, which was carried out by Blue Tree Acoustics. Road traffic and potential noise from the ground floor commercial premises were identified as the main sources of noise, which will affect the amenities of future occupants. A number of measures have been recommended in the report, which will be implemented through the imposition of conditions.

As the site has previously been used for a number of uses, including a petrol filling station, it will also be necessary to impose conditions, which deal with land contamination.

Highway Issues

105 UDP Policy S10 (f) states that any new development should be adequately served by transport facilities and safe access to the highway and appropriate off-street parking be provided, and not endanger pedestrians.

An existing means of vehicular access from Handsworth Road, positioned to the west of the site, will be widened to provide a vehicular access and pedestrian route leading to an ancillary car park, which provides 15 spaces, of which 3 will serve people with disabilities. The car parking accommodation will serve the apartments only and whilst it would have been desirable to provide complimentary parking for the retail units, this is not feasible, owing to the restricted nature of the site. An existing YEB sub-station occupies a substantial space within the rear curtilage of the site, which prevents the opportunity to increase the level of parking. UDP parking guidelines recommend that there should be 1 space per apartment, plus 1 visitor space per 4 flats, which gives a total of 17/18 spaces. It should be borne in mind that they are guidelines, which are designed to be applied flexibly, for different circumstances. The amount of car parking spaces provided will be 15. However, given the restrictions on site, and the fact that the site is well served by public transport, thereby offering an alternative mode of travel other than the car, the level of car parking is considered acceptable in this instance and will not be contrary to UDP guidelines.

The shortfall in car parking accommodation has raised concerns amongst the objectors in respect of increased on-street parking and the likely traffic hazards resulting from such congestion. There is limited on-street car parking accommodation available to the east adjacent to properties, 388 – 392 Handsworth Road. Further resident concerns have been raised about the potential for more illegal parking of vehicles along Handsworth Road, which is a busy dual carriageway. However, it is not considered that the proposed development will result in a significant increase in the level of on-street parking, such that a refusal will be justified. The site is located within a Shopping Area, where it is not always feasible to provide complimentary parking. An additional 3 retail units along this frontage is unlikely to cause a significant increase in the demand for on-street parking. The presumption should not be that visitors to both the existing and proposed shop units will arrive by car. It is likely that local residents will visit the site and will either walk or may use public transport.

Within the site will be a gated means of vehicular and pedestrian access, which will be defined and appropriately surfaced. The gates will be set back, such that they will not project over the footway. A service yard will be provided immediately to the rear of the proposed building and car parking accommodation will be sited towards the western half of the site. The use of soakaways, free draining tarmac and block paving will address surface water runoff. Adequate manoeuvring space is available for service vehicles and the layout of the car park is now acceptable and useable. Two undercroft disabled parking bays will be provided and a third has been positioned as near to the building as possible. A secure cycle storage facility will be provided within the car parking area, and although the position is not ideal, as it is remote from the building, it is considered acceptable, as no alternative location is available.

106 A number of highway improvements and works in the highway will take place as part of the application, including the relocation of the bus stop and telephone box, closing the existing gap in the central reservation to prevent vehicles making ‘U’ turns, improvement works to the nearby pedestrian crossing, closure of redundant accesses and the reconstruction of the footway adjacent to the site.

In the event of an emergency, a fire appliance will be able to access the building from Handsworth Road.

The proposed development, whilst not wholly complying with the current parking standards, is considered, on balance, to be acceptable. As such, the proposal will accord with UDP Policy S10.

S106 Legal Agreement

In accordance with Policy H16 of the UDP, the developer is required to make a contribution towards the provision of open space, in lieu of direct open space provision.

A Unilateral Undertaking under Section 106 of the Town and Country Planning Act, 1990, would be required to secure a contribution. In this case the contribution amounts to £4,974.90. Such monies will be distributed, following consultation with the relevant Area Assembly.

RESPONSE TO REPRESENTATIONS

The majority of issues raised by local residents have been addressed in the body of the report.

In respect to loss of views for residents occupying flats to the north of the site, this is acknowledged. However, this is not a planning issue which can be given due consideration. The site is not designated as Green Belt and furthermore a loss of view should not prejudice the redevelopment of this site. It should be noted that the development will incorporate a green roof, which will help soften the building’s appearance.

A number of non-planning issues have also been raised, which are outside of planning control.

The planning applications have been dealt with in the appropriate manner and neighbour notifications have been issued in accordance with Council procedures. This application represents a re-submission within 12 months, which has allowed further opportunities to comment on the proposed development.

The redevelopment of the site will improve security to the area. A secure gated means of access will be created and new boundary treatments will provide additional security. Furthermore, the development will result in additional natural surveillance, from both residents and shop owners.

107 In respect of the impact on existing local traders, inevitably there will be increased competition. However, this is a Local Shopping Area where it is expected that retail units will operate and given that retail units adjacent to the site are in use, it does appear that there is the demand for such accommodation.

An additional 14 residential units in this locality is unlikely to cause undue pressure on current local services.

SUMMARY AND RECOMMENDATION

The design of the proposed development is considered acceptable in terms of its scale, form, detail and siting. The scale of the building is larger than the adjacent units to the west of the site, in particular to No. 370 Handsworth Road. However, there will be a physical break between the buildings, which will reduce the overbearing impact and coupled with the fact that the roofline will appear to step down, to reflect the topography, it will not appear visually obtrusive, and not compromise the street scene. Furthermore, the building will not exceed the ridge height of the adjacent property at 388 Handsworth Road.

Some degree of articulation has been incorporated into the design and the use of good quality materials will ensure the proposal will be in keeping with the character of the area. The footprint is similar to that of adjacent units and the layout of the site maximises the available space and takes advantage of the south-facing aspect.

The building will incorporate a number of sustainable features and will meet the Code for Sustainable Homes, Level 3, in line with current Core Strategy Policies.

Occupiers of adjacent properties will not be adversely affected by the proposed development.

With regard to highway safety, the site is located within a Local Shopping Area, which is well served by public transport and it is unlikely that the existing on-street parking problem will be exacerbated to such a degree that a refusal is justified. There is unlikely to be a significant increase in on-street parking as a result of 3 additional retail units and a small shortfall in residential visitor parking. The highway improvements proposed will also address some of the traffic safety concerns.

The proposed development will facilitate the removal of an unsympathetic building and operation on the site and will enhance the visual quality of the area. The application is considered acceptable, such that it will accord with UDP Policies S7, S10, H7, H16 and BE5, Core Strategy Policies CS24, CS26, CS41, CS64, CS65, CS74 and PPG24 ‘Planning and Noise’ and is therefore recommended for approval, subject to the completion of a Section 106 Legal Agreement with the following Heads of Terms.

Heads of Terms

108 i. A sum of £4,974.90 shall be paid to the Council towards the enhancement of open space within the catchment area of the site.

In the event that a satisfactory Section 106 planning obligation covering the Heads of Terms set out in the preceding paragraph is not concluded before 12th July 2010 (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

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Case Number 10/01309/FUL

Application Type A Full Planning Application

Proposal Alterations to building including front dormer window and provision of additional windows/doors to use as 6 flats and a dwellinghouse

Location The Sloan Practice 249 - 251 Chesterfield Road Sheffield S8 0RT

Date Received 20/04/2010

Team SOUTH

Applicant/Agent Mr J Sowerby

Recommendation Grant Conditionally subject to Legal Agreement

Subject to:

1 The development must be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

In order to ensure an appropriate quality of development.

3 The dwellings hereby approved shall be constructed to achieve a minimum standard of Code Level for Sustainable Homes Level 3 and before any dwelling is occupied (or within an alternative timescale to be agreed) the relevant certification, demonstrating that Code Level 3 has been achieved, shall be submitted to and approved in writing by the Local Planning Authority.

110 In the interests of mitigating the effects of climate change, in accordance with Sheffield Development Framework Core Strategy Policy CS64.

4 The dwellings shall not be used unless the car parking accommodation for four vehicles as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

In the interests of traffic safety and the amenities of the locality.

5 The dwellings shall not be occupied unless glazing with a minimum specification of 10mm glass, 12mm gap and 6mm glass has been fitted to the building and such glass shall be retained thereafter.

In the interests of the amenities of the locality and occupiers of the proposed dwellings.

6 The development must be carried out in complete accordance with the following approved documents;

Drawing Nos.. SP01, SP02, SP03, SP04, SP05 and SP06

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

H5 - Flats, Bed-sitters and Shared Housing H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas H16 - Open Space in New Housing Developments CS64 - Climate Change, Resources and Sustainable Design of Developments

Overall it is considered that the development complies with the relevant policies and proposals and would not give rise to any unacceptable consequences to the environment, community or other public interests of acknowledged importance.

111 This explanation is only intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report at www.sheffield.gov.uk/planningonline or by calling the Planning Help Line at (0114) 273 4215.

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Site Location

LOCATION AND PROPOSAL

The application site lies at the corner of Chesterfield Road and Derbyshire Lane on land that rises towards the rear from the Chesterfield Road frontage. 249 Chesterfield Road is a former two storey terraced house and 251 Chesterfield Road is a more imposing two storey red brick former house and both of these

114 buildings have been used for a considerable period as a doctors’ surgery. The area at the rear, which was the original garden space, is currently used as a car park for the surgery with access taken from Derbyshire Lane. There are small gardens in front of the surgery.

All uses around the application site are residential apart from Meersbrook Primary School which is about 50 metres away up Derbyshire Lane.

This application proposes the conversion of 249 and 251 Chesterfield Road into a single dwellinghouse and six flats respectively. There would be alterations associated with this in the form of a front dormer window on 249 with new openings on both buildings.

REPRESENTATIONS

Two letters have been received from neighbours, neither of whom object to the proposed use. However, they do have some associated concerns:

- The building works should not be done during unsocial hours at weekends; - There is not enough car parking; - The site should have good security.

PLANNING ASSESSMENT

Land Use Policy

The adopted Unitary Development Plan (UDP) shows that the site is within a housing policy area. Policy H10 of the UDP confirms that residential is the preferred use, so the broad principle of this application is acceptable.

Design, Layout and External Appearance

Policy H14 of the UDP says that new development should be in scale and character with surrounding development. The built form and footprint of the existing buildings would hardly alter as part of the application. On the front elevation, a dormer window and new windows would be added to the front of 249 Chesterfield Road and the front door of 251 would be reinstated. At the rear, new windows would be introduced to the rear off shot of 249 and some privacy screens introduced. There would be no other alterations to the buildings.

The plans show that the rear of 249 Chesterfield Road would be returned to a private garden for the house with the existing car park being retained at 251. The vehicle access at Derbyshire Lane would remain unaltered at first floor level. Facing the rear, there is a communal roof terrace area and this would be retained as amenity space. Some privacy screens would be erected between the two properties but these would not affect the appearance of the buildings.

The scale of the minimal alterations is limited and they are in keeping with the character of the area. The addition of the dormer window to 249 is acceptable as there are already two front facing dormer windows in the roof of 251 at a higher

115 level. The exterior would change very little and the proposal would comply with policy H14.

Sustainability

The Sheffield Development Framework (SDF) Core Strategy has been adopted and policy CS64 requires conversions of existing buildings to be designed to reduce emissions of greenhouse gases and function in a changing climate. All developments would be expected to achieve a high standard of energy efficiency and be designed to use resources sustainably.

The alterations to the built fabric both internally and externally is limited with this proposal. However, the applicant has provided information that will meet the policy criteria.

The roofs and walls are under insulated at present and this will be improved to meet current standards.

Windows are currently all single glazed and they will be double glazed to current standards.

A new boiler and radiators would be introduced with solar panels where possible. Low energy lighting would be introduced and there would be rainwater recycling.

Very little external work would be done to the buildings but where internal alterations are carried out, all materials would be locally sourced.

A condition would be attached requiring the proposal to meet BREEAM Code Level 3, which would meet the requirements of the policy.

Impact on the Amenities of Existing and Future Residents

Policies H5 and H14 of the UDP seek to ensure that existing residents’ amenities are not harmed and that future residents have acceptable levels of amenity.

The doctors’ surgery is now vacant because the practise has relocated but prior to this, there was a considerable amount of activity associated with car movements and visits by patients. It is envisaged that vehicle movements would significantly reduce and that the comings and goings of future residents would be a lot less than the attendance of patients.

With respect to privacy, there is a terraced area at the rear of 251 Chesterfield Road that overlooks the rear car park and would allow views into the garden of 249, but screens would be put in place to block these views and retain the privacy of 249’s garden.

There would be no loss of privacy for future residents.

116 With respect to the amenities of existing residents, there would be no over dominance or loss of privacy and activity in the area is likely to reduce from that experienced from an active surgery.

Policy H5 of the UDP requires flats to have an acceptable area of amenity space. There would be a communal terrace at the rear and a garden area at the front of the property and the total area of these spaces is 50 square metres which is considered adequate in this instance.

Parking, Access and Transportation

Policy H14 of the UDP requires new development to provide an appropriate level of off-street car parking, safe vehicle and pedestrian access and to be located close to good transport links.

With respect to car parking, there would be no provision for the single family dwelling, which reflects the circumstances with many of the terraced houses in the area. For the six flats, the retention of the car park will allow four spaces, including two for disabled and the access would remain the same. The flats are at the low end of the housing market and this, along with the spaces available on Derbyshire Lane, means that the proposed provision would be acceptable. The proposed use would generate a lot less traffic than that attending the former surgery use.

The access is considered to be safe with good visibility and there is separate pedestrian access to both the flats and the house. The site also fronts Chesterfield Road where there is an excellent bus service and is close to Heeley District Centre.

The provisions of policy H14 in this respect are satisfied.

Open Space Provision

Policy H16 of the UDP requires a financial contribution to be made to improve off- site open space provision where development is for five dwellings or more, and where an assessment demonstrates under provision in the area. In this instance, there is an under provision of open space in the area and a contribution of £4,748 will be necessary. This would be controlled by the submission of a legal agreement in support of the planning application.

RESPONSE TO REPRESENTATIONS

Working hours relating to construction activity are not typically controlled through planning conditions, as this is a matter which is covered by Environmental Protection legislation.

SUMMARY AND CONCLUSION

This application proposes the use of a former doctors’ surgery, now vacant, as a single dwellinghouse and six, one bedroomed flats. The exterior of the two

117 buildings would alter very little, the main change being the dormer window on the front of 249 Chesterfield Road.

The minimal alterations to the exterior would be acceptable, there would be no harm to the amenities of neighbours and parking and access arrangements would be acceptable.

The proposal would meet all relevant policy criteria, is acceptable and is, therefore, recommended for conditional approval subject to a legal agreement being signed to control the submission of off-site open space improvements.

Heads of Terms for Legal Agreement

The Owners shall serve upon the Council, on or before commencement of development (as defined in the Town and Country Planning Act 1990) notice of commencement of and in the event of such notice not being served, covenant to pay the Council immediately upon demand, all sums due under the provisions of this Deed, together with any interest due.

On or before the commencement of development, the owner(s) shall pay the Council the sum of £4,748 to be used towards the provision and enhancement of open space within the locality of the site.

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Case Number 10/01236/FUL

Application Type A Full Planning Application

Proposal Construction of a new building for university educational use

Location Land Between Arundel Gate Clay Lane And Eyre Lane Charles Street Sheffield

Date Received 16/04/2010

Team CITY CENTRE AND EAST

Applicant/Agent Bond Bryan Architects (Church Studio)

Recommendation Grant Conditionally

Subject to:

1 The development must be begun not later than the expiration of three years from the date of this decision. In order to comply with the requirements of the Town and Country Planning Act.

2 The development must be carried out in complete accordance with the following approved documents;

(01)001 PL0 Existing OS Plan (01)005 PL0 A3 OS Plan (06)001 PL0 Proposed Site Plan (07)001 PL0 Basement GA Plan (07)002 PL0 Floor 0 & Floor 1 GA Plan (07)003 PL0 Floor 2 GA Plan (07)004 PL0 Floor 3 GA Plan (07)005 PL0 Floor 4 GA Plan (07)006 PL0 Floor 5 GA Plan (07)007 PL0 Floor 6 GA Plan (07)008 PL0 Floor 7 GA Plan (07)009 PL0 GA Roof Plan

(08)001 PL0 Contextual Elevations (08)002 PL0 Contextual Sections

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(SK)077 PL0 Arundel Gate/Charles St Corner (SK)078 PL0 Arundel Gate Elevation (SK)079 PL0 Charles Street/Eyre Lane Corner (SK)080 PL0 Clay Lane/Eyre Lane Corner (SK)081 PL0 Green Roof Space (SK)082 PL0 Massing Model (SK)083 PL0 Massing Model (SK)084 PL0 Bridge Design (SK)085 PL0 Atrium Design (SK)086 PL0 Atrium Design (SK)087 PL0 Materials - Feature Cladding (SK)088 PL0 Sun Study - June 21st (SK)089 PL0 Sun Study - Ded 21st (SK)090 PL0 Materials - Cladding (SK)091 PL0 Charles Street Photomontage (SK)092 PL0 Arundel Gate Photomontage

All received 16th April 2010-07-01

And (08)010 PL0 North East Elevation (08)011 PL0 North West Elevation (08)012 PL0 South East Elevation (08)013 PL0 South West Elevation Received 1st July 2010.

unless otherwise authorised in writing by the Local Planning Authority.

In the interests of public safety.

3 The main thoroughfare through the building from Arundel Gate to Eyre Lane, along the line of the existing route of Brown Lane, shall remain open to the public between the hours of 8am and 2100 Monday to Friday. In the future event that the building is formally opened and advertised as being open on a Saturday for staff and students, this thoroughfare shall also be accessible to the public on a Saturday between the hours of 1000 and 1700 as a minimum.

To have regard to the grid character of the CIQ Conservation Area and the importance of Brown Lane as a secondary route within the CIQ.

4 Details of all proposed external materials and finishes, including samples where appropriate, shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced. Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

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5 Details of the proposed materials to be used on the surface of the main thoroughfare through the building from Arundel Gate to Eyre Lane, along the line of the existing route of Brown Lane, and the treatment of the internal walls (including fittings) shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced. Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

6 A sample panel of the proposed masonry shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of masonry and mortar finish to be used. The sample panel shall be approved in writing by the Local Planning Authority prior to the commencement of the building works and shall be retained for verification purposes until the completion of such works.

In order to ensure an appropriate quality of development.

7 Large scale details, including materials and finishes, at a minimum of 1:10 of the items listed below shall be approved in writing by the Local planning Authority before the commencement of development:

i. Window frames ii. Window reveals iii. Main entrance doors to Arundel Gate and Eyre Lane iv. Service doors v. Eaves and verges vi. Soffit detailing vii. Brickwork detailing viii. Balustrades ix. Entrance canopies x. Vents xi. Rainwater Goods

The details shall also include a section drawing at a scale of 1:20 of each elevation(s) where there is a change in material.

Thereafter, the works shall be carried out in accordance with the approved details

In order to ensure an appropriate quality of development.

8 Prior to the commencement of development, large scale details of the proposed link bridge between the development hereby approved and the

121 Arundel Building at a scale of 1:20 shall be submitted to and approved in writing by the Local Planning Authority to include the following:

i. Stainless steel fin details in terms of their position on the bridge and their fixing to the main structure; ii. Details of all materials to include the glazing, metal cladding and fins; iii. Details of rainwater drainage;

Thereafter, the works shall be carried out in accordance with the approved details

In order to ensure an appropriate quality of development.

9 Notwithstanding the approved plans, the balustrades to each external roof terrace shall be set in a minimum of 2 metres from the edge of the parapet.

To protect the amenity of adjoining residential occupiers.

10 Prior to the first occupation of the development hereby approved, further details of the obscure glazing of windows to the rear elevation of the building facing Eyre Lane shall be submitted to and approved in writing by the Local Planning Authority. The details shall include a section to identify the relationship between the existing windows within Butcher Works and the proposed windows on the rear elevation to identify the number of windows to be obscure glazed and also the means of obscure glazing, which shall be achieved to a minimum of Level 4 Obscurity. The development shall then be implemented in accordance with the approved details and those windows to be obscured shall not then at any time be glazed with clear glass without the prior written agreement of the Local Planning Authority.

In the interests of the amenities of occupiers of adjoining property.

11 The development shall not be begun until the improvements (which expression shall include traffic control, pedestrian and cycle safety measures) to the highways listed below have either;

a) been carried out; or b) details have been submitted to and approved by the Local Planning Authority of arrangements which have been entered into which will secure that such improvement works will be carried out before the development is brought into use or in accordance with an alternative timescale to be agreed with the Local Planning Authority:

Works to the public realm on the area of Charles Street adjacent to the application site to include the following:

122 i. Re-surfacing works to the road and pavement (to include details and samples of materials); ii. Details of proposed landscaping and street furniture to include the location and species of planting. iii. Details of the drainage of surface water on the footway; iv. Details of drop kerbs to be provided in aligned pairs.

To enable the above-mentioned highways to accommodate the increase in traffic, which, in the opinion of the Local Planning Authority, will be generated by the development.

12 The development shall not be begun until details have been submitted to and approved by the Local Planning Authority of arrangements which have been entered into which will secure the reconstruction of the footways adjoining the site on Eyre Lane, Clay Lane and Arundel Gate before the development is brought into use. The detailed materials specification shall have first been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

13 Prior to the commencement of development, further details of external illumination of the building shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the location of each light, manufacturer’s details of the lighting unit and details of illumination and light spill.

The development shall then be implemented in accordance with the approved details and the works completed prior to the commencement of the use.

To ensure an appropriate quality of environment.

14 No piped discharge of surface water from the application site shall take place until surface water drainage works including off-site works have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

15 Prior to the commencement of development, the following further details shall be submitted to and approved in writing by the Local Planning Authority:

Details of the main entrance doors to Arundel Gate and Brown Lane;

123 Details of access points from Brown Lane into the buildings from Arundel Gate and Eyre Lane to demonstrate how the floor levels within the boundary of the application site meet the sloping street.

The development shall then be implemented in accordance with the approved details and the works completed prior to the commencement of the use.

To ensure ease of access and facilities for disabled persons at all times.

16 No externally mounted plant or equipment for heating, cooling or ventilation purposes, nor grilles, ducts, vents for similar internal equipment, shall be fitted to the building unless full details thereof have first been submitted to and approved by the Local Planning Authority, and once installed such plant or equipment should not be altered without prior written approval of the Local Planning Authority.

In the interests of the amenities of the locality and occupiers of adjoining property.

17 Amplified sound or live music shall only be played within the building in such a way that noise breakout to the street does not exceed:

(i) background noise levels by more than 3 dB(A) when measured as a 15 minute LAeq, (ii) any octave band centre frequency by more than 3dB when measured as a 15 minute Leq, when measured at the façade of the residential properties within Butcher Works that face onto Eyre Lane.

In order to mitigate against the risk of flooding.

18 No deliveries to the building shall be carried out between 2300 hours to 0700 hours Mondays to Saturdays and 2300 hours to 0900 hours Sundays and Public Holidays.

In the interests of the amenities of the locality and occupiers of adjoining property.

19 No development work shall take place unless and until the developer, their agent or their successor in title has secured the implementation of a programme of archaeological work in accordance with a further written scheme of investigation that has been submitted to and approved in writing by the Local Planning Authority. The WSI shall address the need for further evaluation on the application site including the need for trial trenches to be excavated to establish what remains survive on the part of the site between

124 Charles Street and Brown Lane and whether remains survive on the part of the site between Brown Lane and Clay Lane.

To ensure that any archaeological remains present, whether standing or buried, are preserved - either by being left in situ or recorded and removed in accordance with an agreed method, before they are damaged or destroyed.

20 Before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided:

a)a minimum of 10% of the predicted energy needs of the completed development being obtained from decentralised and renewable or low carbon energy; and b)The Generation of further renewable or low carbon energy or incorporation of design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy to satisfy (a)

21 The development hereby approved shall be constructed to achieve a minimum rating of BREEAM ‘very good’ and before the development is occupied (or within an alternative timescale to be agreed) the relevant certification, demonstrating that BREEAM ‘very good’ has been achieved, shall be submitted to and approved in writing by the Local Planning Authority.

In the interests of mitigating the effects of climate change, in accordance with Sheffield Development Framework Core Strategy Policy CS64.

22 Unless otherwise agreed in writing the proposed green roof(s) (vegetated roof system) shall be provided on the roof(s) in the locations shown on the

125 approved plans prior to the use of the buildings commencing and shall thereafter be retained. Prior to works commencing on site, full details of the green roof construction and specification, together with a maintenance schedule shall be submitted to and approved by the Local Planning Authority and unless otherwise agreed in writing shall include a substrate based growing medium of 80mm minimum depth incorporating 15-25% compost or other organic material. Herbaceous plants shall be employed and the plants shall be maintained for a period of 5 years from the date of implementation and any failures within that period shall be replaced.

In the interests of mitigating the effects of climate change, in accordance with Sheffield Development Framework Core Strategy Policy CS64.

Attention is drawn to the following justifications:

IB6 - Development in Fringe Industry and Business Areas IB9 - Conditions on Development in Industry and Business Areas BE5 - Building Design and Siting BE8 - Access to Workplaces BE12 - Public Art BE16 - Development in Conservation Areas BE17 - Design & Materials in Areas of Special Character or Historic Interest BE19 - Development affecting Listed Buildings BE22 - Archaeological Sites and Monuments T1 - Promoting Public Transport CS3 - Locations for Office Development CS4 - Offices in the City Centre CS17 - City Centre Quarters CS20 - The Universities CS74 - Design Principles Sheffield CS67 - Flood Risk Management CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction

The use of the site as an education facility accords with the principles of the UDP and SDF Core Strategy. The scale and design of the building has been carefully considered to address the character of the CIQ Conservation Area but to also deliver a building of architectural merit that utilises high quality materials appropriate to the Conservation Area and appropriate to the site’s setting adjacent to a Grade II* Listed Building. The proposed development does have some impact on the levels of daylight for the residential occupants of Butcher Works but given the circumstances set out in the report, it is not considered to be so significant as to warrant refusal of

126 the application. The development does not give rise to any highway implications and is considered to address the Council’s objectives with regard to sustainability.

Attention is drawn to the following directives:

1. As the proposed development will involve the closing/diversion of a highway(s) you are advised to contact the Principal Engineer of Highway Information and Orders, Development Services, Howden House, 1 Union Street, Sheffield, S1 2SH, as soon as possible.

2. The applicant is advised that the proposed development overhangs the highway on Arundel for which a licence is required in accordance with Section 177 of the Highways Act.

Site Location

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128 LOCATION AND PROPOSAL

This application relates to a 0.21-hectare site within the Cultural Industries Quarter. The site is bounded by Arundel Gate to the north-west, Charles Street to the north- east, Eyre Lane to the south-east and Clay Lane to the south-west and is sub- divided centrally by Brown Lane. The part of the site between Brown Lane and Charles Street is used as a car park with the section between Brown Lane and Clay Lane presently cleared and vacant. The site slopes away from Arundel Gate to Eyre Lane with a level difference of approximately 2.47 metres from the north- east corner to the south-west corner of the site.

The application site lies within the Cultural Industries Quarter (CIQ) Conservation Area as well as adjoining the boundary of the City Centre Conservation Area. The CIQ Conservation Area contains the surviving remnants of the 18th Century development carried out by the Duke of Norfolk’s Estate, which established the grid pattern that was unusual at the time and is a characteristic of the area, together with the later expansion of the area to the south and south east of Porter Brook in the early 19th Century.

The character of the area surrounding the application site is relatively mixed. Immediately to the south/south-east lies the Grade II* Listed Butcher Works, which comprises a mix of uses but is primarily residential in the façade to Eyre Lane, facing the application site. This façade extends to three traditional storeys and is constructed in red brick with revealed sash windows. Adjacent to Butcher Works, fronting Eyre Lane and Charles Street, is Sheffield Hallam’s part-three, part-six storey Arundel Building, which provides teaching and education space. Opposite the application site to the north-east, on Charles Street, lies the Sheffield Hallam Stoddart Building, which also fronts Arundel Gate and extends up to four commercial floors. Facing the site on Arundel Gate lies Derwent House (7-storeys), the Roebuck Tavern (2-storey) and the Q-Park car park, which provides 10 decks of parking above a floor of retail. Finally, it is relevant to note the Red Lion Public House and adjoining development situated diagonally to the application on Charles Street, which also extends to three traditional storeys.

This is a full planning application proposing the construction of a new university building to accommodate the faculty of Development and Society, which currently occupies various locations around the University estate with the majority at the Collegiate Crescent and City Campus. The new university building will accommodate the Architecture and Education departments and will provide a net internal floor area of 6090 square metres of teaching and office space, including a 300-seat lecture theatre and an ancillary cafe.

The proposed development is square in form with a 44-metre frontage to each elevation. Brown Lane is retained in its current position running centrally through the site and forming the position for the main entrances form Arundel Gate and Eyre Lane. At lower ground floor and ground floor level, the footprint of the building has been recessed around the Brown Lane entrance by 5 metres on the Arundel Gate frontage and 8.6 metres on Eyre Lane to create a visual impression of the building occupying two blocks that are separated by Brown Lane. To

129 Arundel Gate, the building is constructed up to the boundary of the site at the ground and first floor to this frontage, above which the remaining facade overhangs the pavement on Arundel Gate by two metres. To Clay Lane and Charles Street, the building is recessed in from the site boundary by approximately 3 to 4 metres; however, for a length of 28 metres from Arundel Gate along both these facades, a 3-metre overhang is introduced to Level 3 and above to act as canopies. These overhangs are within the site boundary. The main pedestrian entrance to the building will be from both Arundel Gate and Brown Lane with level access provided at both entrances. External roof spaces are proposed for staff and students on the flat roof of the building facing Eyre Lane at Floor 3 and Floor 5 with further access to the roof fronting Arundel Gate at Floor 7. A bridge link from the 3rd floor of the application site to the Arundel Building is also proposed.

Internally, the building comprises fives zones of accommodation: the lower ground and ground floor area across the site is intended as a public zone comprising a café, lecture theatre for students, a central ‘hub’ space with seating areas and open teaching spaces. Adjoining the Brown Lane atrium route, this area is also to be used as a general ‘hub’ space and shared open teaching areas. The first floor across the building will be used by administration staff with the remainder of the floors split between the education department and the architecture department as staff and teaching space.

The scale of development varies across the site. To Arundel Gate, the building extends to 7 storeys, which comprises 6 storeys to the main façade with the top 7th storey comprising two roof ‘pods’ on each block of the building separated by Brown Lane. These pods are set in from the each façade by 1.8 metres such that the top floor does not appear as a full storey and the building effectively presents 6 storeys to Arundel Gate with an eaves height of 25.2 metres above pavement level. The massing to Arundel Gate extends along Charles Street and Clay Lane for a depth of approximately 35 metres. Beyond this point, the scale of development reduces in height to respond to the adjoining scales of development. Accordingly, the proposed rear façade on Eyre Lane that faces the SHU Arundel Building extends to four storeys in height to match the parapet height of the Arundel Building at 17.77 metres above pavement level. The scale of development reduces further opposite Butcher Works to two storeys to closely match the eaves height of Butcher Works with a total height of 9.98 metres from the pavement level.

With regard to the design, the appearance of the building is contemporary in approach:

To Arundel Gate, the majority of the façade is glazed in two types of glazing separated by the recessed Brown Lane entrance. The first two floors and the atrium that extends over Brown Lane are constructed in a glazed curtain walling system with stainless steel flashings to provide an open façade to the street. Above this level, the building projects forward on either side of Brown Lane to overhang the highway for four floors accommodation. This part of the building is to be constructed in a feature cladding system comprising Linit glass blocks, which are a glazed cladding material. Linit comes in a range of finishes including clear, sandblasted, textured and opaque and will be adopted on the façade in

130 accordance with the internal use of the building. The recessed roof pods are to be constructed in Corten steel with a glazed frontage.

The rear elevation to Eyre Lane is designed to respond to the character of the existing buildings within the CIQ. The rear elevation also comprises two blocks segregated by Brown Lane. Both elements are predominantly constructed in red brick with a Flemish bond to match the colour and texture of Butcher Works. Rather than replicating the traditional window pattern of Butcher Works, a more random fenestration pattern is proposed to this elevation with some regard to window hierarchy and proportion that is evident in more traditional buildings, with the larger windows positioned towards the lower floors and the smaller windows towards the eaves. The windows are also recessed by approximately two brick courses. Directly opposite Butcher Works, a further section of Linit glass is introduced on the corner of Clay Lane and Eyre Lane at ground level to provide some visual interest to this corner, which accommodates a lecture theatre where windows are not appropriate. The recessed entrance along Brown Lane from Eyre Lane will also be constructed in brickwork with the introduction of glazed brick work (or equivalent) on the western side of the entrance to create a lighter entrance. A bridge connection is proposed to the Arundel Building at the 3rd floor level. The bridge has been designed by Corin Mellor of David Mellor Studios as the applicant’s contribution to public art provision. The bridge is to comprise a glazed walkway enclosed by natural metal cladding to the top and bottom, which is encased within a series of stainless steel fins that are randomly positioned across the bridge to express the journey across it.

The elevations to Clay Lane and Charles Street accommodate the transition from the 6/7 storeys frontage to Arundel Gate and the 2-4 storeys frontage to Eyre Lane. To Clay Lane (south-west elevation), the ground and first floor incorporate a glazed return on the corner of Clay Lane and Arundel Gate, which then extends into brickwork in a Flemish bond. At the upper levels, the feature cladding system that overhangs the building extends 28.2 metres along this façade with the opacity of the glazed system graduated from south to north to control heat gain. To create a transition between the higher Arundel Gate façade and the Eyre Lane elevation, beyond the overhang the elevation comprises brickwork at the lower levels and a glazed core that abuts the rear brick façade. The corner of Clay Lane and Eyre Lane is constructed in Linit Glass to suggest that the brick work has been ‘peeled’ away to reveal the glass. The Corten façade to the top floor pods will be visible from this elevation.

The Charles Street elevation is very similar to Clay Lane, comprising a combination of a full height glazed curtain walling system to the ground and first floor at the corner with Arundel Gate and similarly comprising an extent of Linit cladding and a glazed core to assist in the transition to the rear Eyre Lane elevation. Large punched window openings are introduced at ground level on Charles Street to give views into the building. The Corin Mellor bridge will also be most visible from this elevation. On the top floor, the flank of the Corten pods will be evident.

In terms of access to and within the building, a major element of the design is the publicly accessible route through the building along the route of Brown Lane. The position and slope of Brown Lane has been retained as existing, which is set to a

131 gradient of 1:17. To achieve this gradient, works to the adjoining pavements on Arundel Gate and Eyre Lane will be required and will be undertaken in the course of replacing the existing pavements with an upgraded quality of material. Within the building a number of adjacent spaces will open out from Brown Lane to create a central hub. Pedestrian access is achieved via the Brown Lane route on both Arundel Gate and Eyre Lane via revolving or swing doors and it will be available as a public route between 8am and 9pm Monday to Friday. Servicing of the building will take place on Charles Street with service doors incorporated into this elevation. No car parking is proposed within the development although disabled car parking for users of this new Faculty block will be incorporated within the Stoddard Building opposite.

The building is constructed up to the boundary of the plot such that no specific landscaping is proposed. However, three roof top terraces are incorporated at the upper levels and a Green Roof is proposed on the top floor. In addition, the design and appearance of the alignment of Brown Lane through the building is intended to respect its function as a publicly accessible route within the grid of the Conservation Area, comprising a more external finish to the floor and walls. In addition, the area adjacent to the building on Charles Street will be remodelled as part of a wider strategy to improve the streetscape within the CIQ to create a mainly pedestrianised space (servicing will remain) with the introduction of new paving, street trees and street furniture.

RELEVANT PLANNING HISTORY

There is no planning history directly relevant to this site.

SUMMARY OF REPRESENTATIONS

This application was advertised by means of site notices as a development in the public interest, affecting the setting of a Listed Building and within the Cultural Industries Quarter Conservation Area, a press notice and direct neighbour notification.

Two letters of objection have been received from occupiers of Butcher Works although it is noted that one letter of objection does not object to the principle of development but has concerns regarding the scale and form of the present scheme. The objectors raise the following issues:

- Object to the current positioning of the building and would like the building moved further to the north-west: the proposed Eyre Lane pavement is not as wide as pavements along all other elevations. The stepping back of the building further would protect the natural light transmission to the residential flats within Butcher Works with windows onto Eyre Lane;

- Object to the present design of the rear elevation as the objector considers that it has been largely overlooked architecturally as there are only twelve windows and some are very small. The objector would like the opaque glazed cladding (presently proposed to the front) to extend further up the

132 Eyre Lane elevation and more windows incorporated into the upper portion of this elevation;

- Object to the use of clear glazing on the windows facing Eyre Lane on elements overlooking the residential units within Butcher Works;

- Object to the current configuration of the external balcony overlooking Butcher Works and consider that the balustrade should be set back by at least 2 metres from the building edge to protect privacy;

- Inadequate street lighting proposed. The objector states that there are only two street lights on the Eyre Lane boundary, which will be inadequate once the development commences. The objector is seeking assurance that there will be adequate street lighting during site construction and on completion.

- The objector expresses more general concerns about the hours of building work and how long the development will take, measures to mitigate noise and dust during construction and appropriate recourse for nuisance;

- Concern about the impact of the development on the levels of natural light entering the flats – considers that the imposing building could make Eyre Lane feel dark and narrow.

- Considers that a more gradual stepping back from Eyre Lane and/or setting the building further than a pavements width back from Eyre Lane would be more acceptable;

- Considers that the building is unattractive at the Eyre Lane end and the use of glass at this end would help to break up the overbearing feeling and possibly mitigate some of the light reduction.

- The leap from three to four storeys at the rear to seven storeys at the front is extensive and appears tokenistic and will not be sufficient to limit the loss of natural light;

- Concerned about the impact on the desirability and value of the objectors property.

Following receipt of the Daylight and Sunlight Report, the objectors were directly consulted on the report and a further letter of concern has been received from one of the objectors above. They consider that whilst the levels lost from their bedroom appear tolerable, they remain very concerned about the impact on their main living room, which appears to experience an aggregate 53.93% loss. The resident of Butcher Works advises that they are not opposed to the development in principle but consider the applicant’s should show more consideration for their neighbours.

English Heritage has formally responded to the application and is broadly content with the proposals. In their response, they raise the following comments:

133 - English Heritage broadly welcome the scheme and acknowledge that the setting of Butcher Works would be affected by the proximity of the Faculty Building and the established grid pattern of the CIQ but they do not consider that this would cause substantial harm.

- The current proposal is considered by English Heritage to be designed in an interesting and contemporary manner, which responds to the relatively unconstrained frontage along Arundel Gate, where its neighbours mainly reflect early Twentieth Century architecture and highway planning. However, it also acknowledges the more sensitive and constrained aspects where it faces established street patterns and structures. Opposite its rear elevation is Butcher Works and English Heritage considers that the new building is designed to reflect its height and materials. They consider that the building would neither visually dominate Butcher Works nor the street scene on Eyre Lane. As the building progresses towards Arundel Gate, English Heritage note that it develops a more dramatically contemporary style, which is more in keeping with the recent architecture of the City Centre. They consider this approach would have a less than substantial impact on the Conservation Area and Grade II* Listed Building.

- With specific regard to Brown Lane, English Heritage advised at pre- application stage that a ‘palimpsest’ (essentially a ghost – an image of what once was) of this small lane should be incorporated into the redevelopment. They previously expressed concerns about the visual expression of the land and in the scheme. However, English Heritage state that they are now ‘more comfortable’ with the ghost of Brown Lane and its visual expression in the current proposal. They advise that its management, to maintain public accessibility, is crucial to the integration of this part of the scheme into the Conservation Area and English Heritage advise that it receives full legal consideration.

- English Heritage comment that the application does not fully address PPS5 as it does not make any assessment of the significance of either the CIQ Conservation Area or Butcher Works and the contribution they make to the significance of their setting and how the scheme will impact upon it.

In conclusion, English Heritage recommends that the Council take into account National Planning Policy Statement 5: Managing the Historic Environment as well as securing generous public access to the ‘palimpsest’ of Brown Lane. English Heritage advises that it is not necessary to consult them again on this proposal.

The Conservation Advisory Group has also considered the application and raised the following issues:

- The Group felt that the character of the Cultural Industry Quarter was the grid streetscape and the architectural landscape character would be lost if this scheme went ahead.

134 - The Group shared English Heritage's concern at the relationship of the scheme with the nearby Butcher Works and felt additional concern at its relationship with Clay Lane and its buildings.

- The Group noted that the Design Compendium stated that new developments, in the area, should be a maximum of five storeys high.

- The Group felt that notwithstanding the merits of the scheme, the permeable characteristic of the area would be destroyed. The closure of Brown Lane would mean a loss of public space and a commitment to maintain public access for much of the day was neither an acceptable substitute for a public thoroughfare, nor easily enforceable.

- The Group felt that the occupiers of Butcher Works should be consulted on the proposed closure. The Group felt that Brown Lane should be open permanently, as at present.

At pre-application stage the Sheffield Sustainable Development and Design Panel considered the proposal on two occasions in December 2009 and February 2010.

The December Panel expressed concern about the loss of full public access to Brown Lane and considered that the strong and unique character derived from the Duke of Norfolk Grid was a defining element of this part of the City. They encouraged the architect to convince the client of the workability of the retained street. The Panel expressed some concern about the scale of the building although they noted that the bold treatment of the building could make the scale acceptable. The ambition and attention to detail demonstrated in the composition and materials palette was strongly supported and the Panel also supported the aspiration to achieve BREEAM Excellent.

The Panel in February acknowledged the extent of work that had been undertaken since the previous Panel. With specific regard to Brown Lane, the Panel was split in terms of the preferred approach but they felt that the proposals were moving in the right direction, such as the architectural treatment of the walls of the atrium with external materials and the incorporation of the ramp rather than steps to accommodate the change in levels. The Panel did have strong reservations about the depth of the building coupled with the floor heights and the impact on sustainability. However, the Panel felt that the architectural team should be commended for their work in translating a competition scheme into a practical building.

PLANNING ASSESSMENT

This application proposes the construction of a new university building to accommodate the Architecture and Education departments of Sheffield Hallam University. It will provide a net internal floor area of 6090 square metres of teaching and office space in a building that extends up to 7 storeys to Arundel Gate and between two and four storeys to Eyre Lane. The key issues to consider in the determination of this application include the following:

135 i. Principle of development: Policy and Land Use; ii. Design and appearance of the proposed development; iii. Impact on the adjoining Listed Building and CIQ Conservation Area; iv. Highways issues; v. Impact on the amenity of adjoining residential occupiers; vi. Sustainability.

The Council is also required to consider representations received as a result of the public consultation exercise.

Principle of development: Policy and Land Use

Within the Sheffield Unitary Development Plan the application site is designated as a Fringe Industry and Business Area. Policy IB6 of the UDP relates to development in such areas and advises that Business (Use Class B1), General Industry (B2) and Warehousing (B8) uses are preferred although a range of other uses, including non-residential institutions (Use Class D1,) may also be acceptable. Policy IB9 of the UDP advises that the preferred uses (i.e. employment) should remain dominant within Fringe Industry and Business Areas.

In this case, the application does not propose a preferred use on the grounds that is seeks the construction of a non-residential institution facility within Use Class D1. However, it is noted that the building will provide a significant proportion of office space and it is also the case that the existing site is a car park and not presently a preferred use. Recent surveys of the CIQ area suggest that preferred uses are currently dominant in the area, comprising 60.5% of the area such that the proposed development will not alter the balance of preferred uses in the area and the principle of development is therefore considered to accord with Policy IB6 and IB9 of the UDP.

However, Policy IB6 and IB9 have largely been superseded by relevant policies within the Sheffield Development Framework Core Strategy, which was adopted on 4th March 2009 and takes into account up-to-date national planning policy guidance.

Policy CS3 of the Core Strategy relates to locations for new office development and advises that such development will take place in a number of key locations including the City Centre and in accessible locations at the edge of the City Centre, such as the application site. It is not, however, identified as a Priority Office Area within Policy CS4 such that the principle of an educational facility that incorporates office use is not considered to unduly conflict with the aspirations of Policies CS3 and CS4.

Policy CS17 of the Core Strategy relates to the City Centre Quarters and advises that the distinctive and fundamental roles of different quarters of the City Centre will be consolidated and strengthened. With specific regard to the Cultural Industries Quarter, it states that the CIQ is an area with a wide mix of uses and established as the main location for the city's creative and digital industries, as one of the key growth clusters for the economy of the City Region. The proposed

136 development will introduce a key educational facility within the CIQ with a focus on architecture and education, which will not detract from the aspiration expressed in Policy CS17 to secure a creative quarter.

It is also relevant to note Policy CS20 of the Core Strategy, which relates to the Universities within Sheffield. It states that provision will be made for the two universities to consolidate and expand their teaching and research operations within and adjacent to their existing campus areas. In this case, the applicant, Sheffield Hallam, has an established presence within the CIQ and in close proximity to the application site such that this application will expand their City Centre teaching operation in accordance with Policy CS20. In conclusion, it is determined that the proposed development is consistent with relevant planning policy as set out above and therefore considered to be acceptable in principle.

Finally, it is noted that a 217 square metre café within Use Class A3 is proposed at ground floor level within the part of the building at the corner of Arundel Gate and Charles Street. This will primarily be for the use of staff and students but it is intended that it could be accessible to the public to reinforce the access route through Brown Lane. The principle of a small café in this location is an acceptable use within a Fringe Industry and Business Area in accordance with Policy IB6 of the UDP and will not detract from the aspiration for new office development in this location in accordance with Policy CS3 of the Core Strategy. It is also considered to reinforce the wide mix of uses envisaged within the Cultural Industries Quarter within Policy CS17 of the Core Strategy. The principle of a café within Use Class A3, whether solely for the occupants of the building or for wider public use is therefore considered acceptable.

Design and appearance of the proposed development

Policy BE5 of the UDP relates to building design and siting and advises that good design and the use of good quality materials will be expected in all new developments. It seeks to achieve original architecture and a design on a human scale with varied materials that break down the overall mass of development. Policy CS74 of the SDF Core Strategy, which relates to design principles, advises that high-quality development will be expected, which would respect, take advantage of and enhance the distinctive features of the city, its districts and neighbourhoods.

The building design is contemporary in approach and utilises a range of materials including a silicon glazed curtain walling system to the main street level elevation to Arundel Gate and also to part of the Charles Street and Clay Lane elevations, a glazed Linit cladding system, stainless steel soffits and Corten roof pods, all of which constitute high quality materials. The use of such material are appropriate to the contemporary design approach adopted on this site and elsewhere in the City Centre, within the Heart of the City and the NRQ. It is considered that these high quality materials will add visual interest to Arundel Gate and result in a robust and original building that meets the aspirations of both Policy BE5 and CS74. The quality of the scheme will be secured by means of a planning condition requiring

137 details and samples of all materials to be submitted prior to the commencement of development.

To the rear elevation fronting Eyre Lane and also to the side elevations, the building is more respectful of the character of the adjoining Conservation Area being constructed in predominantly red brick to match the colour and texture of the adjoining Listed Butcher Works. These elevations also incorporate large windows to a similar proportion and hierarchy as those on more traditional buildings within the Conservation Area but the design approach is to interpret the historic character of the Conservation rather than to replicate it as a pastiche. This is achieved by a variety of mechanisms such as the use of deep window reveals and a traditional brick construction, including the use of projecting headers to add further texture to the design. It is intended that the window reveals will be detailed with a coloured aluminium flashing, the colour of which will be agreed by means of a planning condition. In the event that a colour palette of the reveal cannot be agreed, the window reveals will remain as a simple brick detail.

Overall, the design and use of materials is considered to balance the site’s transitional location between the contemporary design approach that is now established by the Heart of the City development that lies directly opposite the site on Arundel Gate and the more traditional character of the CIQ Conservation Area. The introduction of the recessed Corten roof pods to the top storey also serve to create an interesting roof line detail that will benefit long views of the scheme and reduce the visual massing of development in shorter views.

With regard to the scale of development, it is acknowledged that this building maximises the footprint of the plot. However, the scheme has sort to address the significant disparity between the more urban character of Arundel Gate and the Conservation Area character of Eyre Lane. Indeed, the development does extend to 7 storeys to Arundel Gate but the top floor does not comprise a full floor of accommodation but incorporates recessed Corten steel pods. As such, visually, the building to Arundel Gate extends to six storeys, which is one storey greater than the recommended scale of development within the CIQ of 3 -5 storeys. In addition, the Sheffield Urban Design Compendium does acknowledge the potential within the CIQ to rise above the general height of 5 storeys to provide enclosure to wider streets. Arundel Gate is presently more than 20 metres in width in this location such that it can accommodate a larger building.

To Eyre Lane, the scheme does respond to the scale of existing development such that it reduces to two storeys directly opposite Butcher Works, with a parapet height to match the eaves height of Butcher Works and reduces to four storeys opposite the Arundel Building. This reduction in scale ensures that the appropriate enclosure ratio of streets within the CIQ of 1:0.5 that is established within the Urban Design Compendium is maintained.

Whilst there is a transition between the front and rear block, it is determined that it is well managed through the use of high quality materials and façade details such as the glazed cladding system, which overhangs the lower levels of Clay Lane and Charles Street, and the deep reveal windows, which all serve to articulate these side elevations and create an interesting and textured façade. Moreover, the

138 change in height across the site, rising from Eyre Lane to Arundel Gate, is consistent with the topography of the area. It is also the case that the scale of development within the City broadly continues to rise towards the Q-Park car park on the opposite side of Arundel Gate and beyond. As a result, when considered in long views from Charles Street, this development will sit within the wider existing streetscape and forms part of an existing increase in scale from the Arundel Building towards Howden House that relates to the site’s topography and to the broad width of Arundel Gate, which can accommodate this increased height.

In long views of the scheme along Arundel Gate, the proposed development is not significantly higher than the adjacent Stoddart Building. It is accepted that it is substantially taller than the existing two-storey buildings on the Clay Lane that also front onto Arundel Gate. However, whilst these are traditional buildings, two storey development is unlikely to be replicated on a key frontage such as Arundel Gate and the scale of this development is compatible with more recent modern development fronting Arundel Gate. The contemporary design of the building and the consideration given to the appearance of each elevation will ensure that the south-west elevation, which will be visible above the Clay Lane buildings, provides an attractive façade that enhances the character of Arundel Gate.

In conclusion, it is considered that the proposed development is well considered and seeks to provide an attractive environment at street level and a visually interesting and textured building to the upper floors, whilst also having due regard to the more traditional character of the CIQ Conservation Area, within which it is located in terms of its scale and the use of materials. It is therefore determined to deliver a high quality building of innovative design and appropriate scale in full accordance with Policy BE5 of the UDP and Policy CS74 of the Core Strategy.

Listed Building and Conservation Issues

The application site lies within the CIQ Conservation Area and adjacent to Butcher Works, a Grade II* Listed Building. It is especially significant, as it comprises two parcels of land separated by Brown Lane, which are to be incorporated within the new building, thereby impacting on the grid pattern established in 1775 by James Paine.

Relevant planning policy in considering applications that adjoin Listed Buildings and that lie within a Conservation Area is primarily set out within Planning Policy Statement 5: Planning for the Historic Environment. In addition, Policy BE16 of the Sheffield UDP relates specifically to development in Conservation Areas and advises that permission will only be granted for proposals where it would preserve or enhance the special character or appearance of the Conservation Area. Policy BE17 advises that a high standard of design using traditional materials and a sensitive and flexible approach to the layout of buildings and roads will be expected for new buildings. Policy BE19 of the UDP relates to development affecting Listed Buildings and advises that proposals for development within the curtilage of a building or affecting its setting will be expected to preserve the character and appearance of the building and its setting.

139 The applicant has submitted a PPS5 statement, which sets out to consider the significance of the CIQ Conservation Area and the Grade II* Listed Butcher Works and the contribution they make to the significance of their setting and, in addition, how the scheme will impact upon it. The statement acknowledges the key characteristics of the CIQ Conservation Area comprising regularised street layouts and the grid system and the back of pavement form of development. It also highlights the importance of the Grade II* Listed Butcher Works as an important example of the courtyard workshop that is characteristic of Sheffield. In assessing how the scheme will impact upon these important heritage assets, it is necessary to have regard to the content of PPS5. Of most relevance, are the following:

Policy HE7.1 advises that in decision-making local planning authorities should seek to identify and assess the particular significance of any element of the historic environment that may be affected by the relevant proposal. Policy HE7.2 advises that in considering the impact of a proposal on any heritage asset, local planning authorities should take into account the particular nature of the significance of the heritage asset and the value that it holds for this and future generations.

In this case, the proposal adjoins the Grade II* Butcher Works, which is a significant heritage asset that is important to future generations to explain the form of metal trades buildings. However, in this case it is determined that the building has been designed to respond to the importance of Butcher Works by means of its scale, which is reduced to two storeys opposite Butcher Works, and also in the use of traditional red brick to the rear elevation of this building. Furthermore, the building is appropriately located close to the back edge of pavement on Eyre Lane and creates an enclosure ratio to this street that is appropriate to the CIQ. It is therefore considered that the scale and design of the development will not affect the heritage assets of Butcher Works.

Policy HE9.1 of PPS5 confirms that there should be a presumption in favour of the conservation of designated heritage assets and the more significant the designated heritage asset, the greater the presumption in favour of its conservation should be. It states that significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting and the loss affecting any designated heritage asset should require clear and convincing justification.

The key issue in this regard is not only the relationship to Butcher Works considered above but the position of the building within the CIQ Conservation Area and its impact upon the key character of the Conservation Area, which is the grid pattern established in the late 18th Century. It is acknowledged that this development will result in the loss of Brown Lane as an open street, which will change the character of the Conservation Area. However, it is not considered so significant that the refusal of this application is warranted for the following reasons:

The scheme strongly retains the sense of Brown Lane by keeping the profile and existing slope of the Lane and proposing the use of a more external palette of materials as an acknowledgement of its historic function as a street, the final details of which will required by means of a condition. Moreover, public access through this route, at least during the week when the building is open, will be

140 secured by means of a planning condition such that the function of Brown Lane as part of the grid of CIQ streets will be retained to a degree.

It is also the case that the recessed entrances to Brown Lane, which form the main access points to the building from Arundel Gate and Eyre Lane, visually separates the building and creates the impression that it comprises two blocks built either side of Brown Lane. Architecturally, Brown Lane is treated as a fully glazed atrium with glazed bridge links within the building, which will retain the capacity for the sense of long views through the building.

Finally, it is acknowledged that the need to develop over Brown Lane is a consequence of the form of the building proposed and the requirement to create a new University building that can accommodate two faculties. However, it is noted that the extension of the University’s City Centre campus will contribute to the on- going regeneration of the City Centre and will enhance the vibrancy of this part of the City.

In balancing these issues, it is concluded that the proposed development will have an impact on the character of the CIQ Conservation Area but the design of the scheme and the function of the building sufficiently mitigates the effect to the extent that it is concluded to be less than substantial. It is also determined that due regard to the design and scale of the development opposite Butcher Works ensures that there is no significant effect on the importance of this heritage asset. The proposal is therefore considered to comply with the objectives of PPS5.

With regard to Policies BE15, BE17 and BE19 of the UDP, their objective is principally to ensure that the character of the Conservation Area is preserved or enhanced and that a high standard of design is expected. The issue of the design of the proposed development is fully considered in the report above where it is concluded that the building is respectful in both scale and the use of materials to the character of the Conservation Area and adjoining Listed Building whilst also providing an interesting contemporary design that is in keeping with more recent development within the Heart of the City. It is therefore considered to preserve the character of the Conservation Area as it relates to the existing buildings on Eyre Lane but also to enhance the entrance to the CIQ by delivering a contemporary building of some architectural merit. It is therefore considered to accord with Policies BE15, BE17 and BE19 of the UDP and the impact of the development on the adjoining Grade II* Listed Building and the CIQ Conservation Area is deemed acceptable.

Highways issues

The most up-to-date parking standards relevant to this application are set out in the Yorkshire and Humber Regional Spatial Strategy (May 2008). However, Local Planning Authorities have recently been advised that the RSS is no longer a material consideration in the determination of planning applications and therefore holds little weight in the decision making process.

However, Policy T21 of the UDP, which relates to car parking, is still applicable and advises that provision will be made for car parking where it would meet the

141 operational needs of businesses, be essential for the viability of a new development, improve the environment or safety of streets and meet the needs of people with disabilities. The supporting text to Policy T21 advises that generous provision of long-stay parking can encourage commuting to work by car, which in turn can contribute to peak-hour congestion and a poor environment in the City Centre.

In this case, the applicant does not propose to provide any car parking provision specific to this development as it is not considered necessary to meet the operational needs of their business. The University already have an operational Travel Plan to manage the travel of staff and students across the whole campus, into which this development will subsequently be incorporated. Moreover, the site at Charles Street is highly accessible to a range of transport options other than the private car such that car parking is considered unnecessary on this basis also. The applicant will be required to provide disabled car parking to serve this development and it is presently anticipated that three disabled bays for this facility will be specifically identified within the Stoddart Building, which will be secured by means of a planning condition. The applicant will also be required to accommodate cycle parking in close proximity to the development, details of which will also be required by condition. On the basis of the above, the application is considered to comply with the aspirations of Policy T21 and is therefore acceptable in this regard.

It is relevant to note that the area of Charles Street adjacent to the application site forms part of wider proposals being established by the Council and SHU to improve the accessible route from the Midland Mainline Station to the City Centre, via Charles Street, as well as public realm improvements to other parts of the Cultural Industries Quarter. The part of Charles Street adjacent to the application site is envisaged as a more pedestrianised space with new tree planting and street furniture. There is capacity within this space to allow for the servicing of this development, as this is the only location to service the building. Further details of the improvements to the public realm will be required as a condition of this application and will form part of the wider CIQ public realm initiative. However, the Council’s Highways Officer is satisfied that adequate servicing facilities can safety be provided from this space.

On the basis of the above, the application is not considered to give rise to any highway issues and the development is therefore acceptable on this basis in accordance with Policy T21.

Accessibility

Policy BE8 of the UDP relates to access to workplaces and advises that in all developments that would result in the provision of 20 or more jobs, suitable access arrangements will be promoted especially for public reception areas and toilet facilities, to meet the needs of employees and members of the public with disabilities.

The applicant has confirmed that the proposed development has been designed to Part M of the Building Regulations: Access to and use of the Building, which will

142 ensure that it is accessible to all. However, the following key access issues are noted:

- The publicly accessible route through ‘Brown Lane’ is ramped to a gradient of 1:17, which the Council’s Access Officer has considered acceptable in this instance because maintaining the existing street level is consistent with the objective of having due regard to the character of the Conservation Area;

- Dropped kerbs will be introduced as part of the wider public realm improvements to Charles Street to ensure an accessible from the disabled parking to be provided within the Stoddart Building to the application building;

- All pathways are proposed with non-granular surfaces to ensure ease of movement;

- All designated routes and crossing points within the site boundary will be demarcated with a tactile surface where appropriate;

- The effective clear width of all principal entrance doors will be 1000mm, which is in accordance with Part M;

- The principal entrance doors will incorporate power operated opening and closing systems. It is noted that the Access Officer has advised that the automatic doors should be “motion sensor activated” and not “push button activated” as they are approached on a gradient. The applicant has advised that motion sensor doors can be problematic in terms of the levels of heat that escape from the building during the constant opening and closing of motion sensor doors, which is proving problematic in other SHU buildings. On this basis, details of the entrance doors will be required by condition to allow further discussion with the Access Officer;

- Split height reception counters will be introduced;

- Hearing induction loops will be installed.

- Two passenger lifts serving all floors are also provided within the building.

Overall, it is considered that the proposed development has been designed with due regard to the needs of employees and members of the public with disabilities. Further details of key access elements noted above will be required by condition and on this basis, it is considered that the application complies with the objectives of Policy BE8.

Impact on the amenity of adjoining residential occupiers

The area surrounding the proposed development is predominantly commercial in character, with the exception of the part of Butcher Works that lies immediately to the rear of the proposed development on Eyre Lane, which is in residential use as

143 apartments. These apartments lie opposite the rear part of the proposed development situated between Clay Lane and Brown Lane, which extends to two floors and is equivalent to the eaves height of Butcher Works.

The key issue in determining the impact of the development on the amenity of the adjoining residents is deemed to be the effect of the proposed building on the daylight and sunlight of these existing residents. It is for this reason that the applicant was asked to undertake an assessment of the impact of the development in accordance with the Building Research Establishment (BRE) Guidance – Site Layout Planning for Daylight and Sunlight (209 and 8206. The BRE Guide essentially considers amenity requirements for sunlight and daylight to residential buildings around any development site. It is not a mandatory document but is broadly established as an accepted guide for this form of assessment.

With regard to daylighting, the Sunlight and Daylight Report refers to Part 2.2 of the BRE Guide, which clarifies that the amount of light available to any window depends upon the amount of unobstructed sky that can be seen from the centre of the window under consideration. The amount of visible sky and consequently the amount of available skylight is assessed by calculating the vertical sky component (VSC) at the centre of the window. The Guide advises that bathrooms, toilets, storerooms and circulation areas need not be analysed and as regards distribution of daylight within rooms, the Guide advises that bedrooms are considered to be less important.

The report notes that the vertical sky component can be calculated by using the skylight indicator or by mathematical methods, which actually measures the amount of visible sky and is deemed to give more accurate and representative results and is the method used in the instance.

The BRE Guide advises that a VSC of 27% or greater indicates that the potential for good daylighting within the room and a significant amount of daylight will still be entering the room. Any reduction below this level should be kept to a minimum and it is noted that a reduction of up to 20% of the former value would not be noticeable. Furthermore, if the vertical sky component with the new development in place is both less than 27% and less than 0.8 times its former value, then occupants of the existing building will notice the reduction in the amount of skylight.

It is relevant to note that the VSC calculation only measures light reaching the outside plane of the window under consideration; this represents potential light rather than actual light. Thus, depending upon the room and window size, the room may still be adequately lit with a lesser VSC value than the target values referred to above.

In light of this, Appendix C of the BRE Guide sets out further detailed tests that assess the interior day light conditions of rooms. These include the calculation of the average daylight factors (ADF) and no sky-lines. The ADF value determines the level of interior illumination that can be compared with the British Standard, BS 8206: Part 2. This recommends a minimum of 2% for kitchens, 1.5% for living rooms and 1% for bedrooms. The no sky-line, or daylight distribution contour, shows the extent of light penetration into the room at working plane level, 850mm

144 above floor level. If a substantial part of the room falls behind the no sky-line contour, the distribution of light within the room may look poor.

The Daylight and Sunlight Report considers the Eyre Lane elevation of Butchers Works in two sections – the section between Brown Lane and the gate into the courtyard (assessed in the report as CAD06) and the section between the gate and the adjacent Sterling Works (assessed as CAD07). It is important to note that it does assume an existing level of development equivalent to the height of existing development on Eyre Lane on the basis that this would be consistent with the existing form and the character of the Conservation Area.

On the main section of Butcher Works (CAD06) the Daylight and Sunlight report concludes the following:

Ground floor:

Two windows on the ground floor are deemed to benefit from a gain of light. However, this is on the assumption that a building to the same height as Butcher Works would be permissible on the application site built up to the back edge of a pavement that is of an equivalent width to that adjoining Butcher Works (0.8 metres). However, the width of pavement to Eyre Lane within the application site is 2.8 metres and the development could therefore be argued to be set back within the site.

Of the 7 remaining ground floor windows, 5 will lose less than 20% of their existing light percentage with a further window being just over 20% at 22%. As noted above, if the change is less than 20% from the existing there is no noticeable affect on these windows. Accordingly, the proposed development is unlikely to have an effect on 5 of the ground floor windows with two subject to further assessment. In the room where the VSC is 22%, the Average Daylight Factor changes from 1.62% to 1.27%. The use of this room is unclear but an ADF of 1% would be acceptable for a bedroom but it would fall just below the standard for a dining room (1.5%) and for a kitchen (2%). However, the existing building already falls below the standard for a kitchen.

One window indicates a change in VSC from 11.89% to 8.19%, which is a reduction of 31% of its former value that will be noticeable. The objector is also concerned that this window is one of two windows to their lounge area and the cumulative loss of light on both windows is 53.93%. The Average Daylight Factor for this window will also fall just below the standard for a dining room as it will drop from 1.62% to 1.27%. Accordingly, the occupiers of this unit will experience some loss of light to this room as a result of this development.

Whilst there is clearly an impact on the amenity of residents residing on the ground floor of Butcher Works, it is primarily limited to two of the ground floor windows. It is also anticipated that any development opposite Butcher Works would have an impact on these windows and the average daylight factor is only just below that acceptable for a dining room. It is also relevant to note that the proposed development lies to the north–west of Butcher Works such that it will not directly impact upon the path of sunlight. On this basis, whilst acknowledged the impact on

145 residential amenity, it is not considered that this would be sufficient overall to warrant refusal of the development.

First Floor:

The report concludes that there are 3 rooms deemed to be habitable rooms where the Vertical Sky Component changes by more than 20% (by 28.2% 42.68% and between 38-40% for the third window) such that the effect of the development will be noticeable. However, in all these instances the Average Daylight Factor retained is in excess of the requirements of the British Standards for their assumed room uses as bedrooms as they all exceed 1% such that the Daylight and Sunlight Report concludes that these would remain adequately lit.

Second Floor:

On the second floor, 11 of the 12 windows experience an increase in the VSC of more than 20% of the former VSC value. However, based on the approved drawings for Butcher Works, the report states that the Average Daylight Factor for the use of these rooms in compliance with the original plans is well in excess of the British Standard of 2% for kitchens, 1.5% for living rooms and 1% for bedrooms such that all rooms are still considered to maintain a sufficient amount of light throughout the whole room.

For the smaller section of Butcher Works (CAD07), the daylight and sunlight report concludes the following:

Ground floor: This is identified as a retail workshop and as such, there is no need to assessed this part of the building.

First floor: All windows on this part of the building experience a change in the VSC of less than 20%, which is deemed to comply fully with the BRE guidance.

Second floor: All the second floor windows retain in excess of 27% VSC and consequently, they are deemed to be fully compliant with the BRE Guidance and have the potential for good daylighting within these rooms and a significant amount of daylight will still be entering the rooms.

The Daylight and Sunlight Report also considers the effect on the first floor or the Red Lion Public House, which may be in residential use associated with the pub. The report concludes that the development will result in little difference between the existing and proposed levels of light and there will be no noticeable affect on these windows, particularly because the Red Lion does not face towards the site but only has an oblique view, which lessens the levels of light impact on those particular windows.

In conclusion, it is accepted that the construction of the development at Charles Street will change the outlook of the apartments at Butcher Works. However, it is a broad principle of planning legislation that individual property owners or occupiers do not have rights to a view. It is, however, relevant to consider the impact of a proposal on daylight and sunlight and in this case, the Daylight and Sunlight Report

146 indicates that a small number of windows within the Butcher Works elevation, particularly on the ground floor, will notice a change to the current levels of daylight. Generally, the reduction is not so significant and the rooms will still remain sufficiently well lit in accordance with the British Standard Average Daylight Factor assessments but there is some impact below the ADF on part of the ground floor. However, the scale of the proposed development immediately opposite Butcher Works of between 2 and 4 storeys is entirely appropriate within this location and any development would alter the daylight into the dwellings in Butcher Works in comparison to the currently open site. The proposed development also lies to the north-west of Butcher Works such that it will not overshadow the existing residential units. On this basis, whilst acknowledging an impact on the amenity of adjoining residents, it is not considered to be sufficient to warrant a refusal of this application and it is determined that the scale of the development to the rear elevation to Eyre Lane is appropriate to this location.

Sustainability

Policy CS64 of the Core Strategy relates to climate change, resources and sustainable design of developments and advises that all new buildings and conversions of existing buildings must be designed to reduce emissions of greenhouse gases and function in a changing climate. They must also be designed to use resources sustainably. The supporting text to CS64 advises that to satisfy the policy, all new non-residential developments over 500 square metres should achieve a BREEAM rating of very good (or equivalent). The applicant has confirmed in writing that the building is, in any event, being designed to meet the BREEAM Very Good rating as a minimum with an aspiration towards ‘Excellent’, which will be secured by means of a planning condition. The development is therefore in accordance with Policy CS64.

Policy CS65 of the Core Strategy, which relates to renewable energy and carbon reduction, applies to both new buildings and conversions and requires all significant developments to secure the following, unless it can be shown not to be feasible or viable:

(i)Provide a minimum of 10% of the predicted energy needs from decentralised and renewable or low carbon energy AND (ii) generate further renewable or low carbon energy or incorporate design measures sufficient to reduce the development's overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy required to satisfy (i).

The applicant has submitted a Draft Preliminary Energy Statement, which provides a preliminary assessment of the building’s carbon emissions and an analysis of construction methods proposed to achieve a reduction in emissions as well as a full assessment of the renewable energies available to achieve the requirements of Policy CS65.

In terms of renewable energy, the statement concludes that connection to the existing District Heating System is the most effective way to achieve reliable savings in CO2 and is presently being pursued by the applicant as the preferred

147 solution. Solar Photovoltaic roof panels could also be readily incorporated within in the scheme and would reduce the carbon emissions by approximately 10%. With regard to roof mounted window turbines, the report notes that whilst feasible, these may not be practical for the development.

Overall, it is considered that the applicant has fully assessed the options available in terms of renewable and low carbon energy and they can achieve a minimum of 10% of the predicted energy needs from decentralised and renewable or low carbon energy and also generate further renewable or low carbon energy or incorporate design measures sufficient to reduce the development's overall predicted carbon dioxide emissions by a 20% overall. It is therefore concluded that the applicant has sufficiently demonstrated an ability to achieve the requirements of Policy CS65, which will also be secured by means of a planning condition.

Flood Risk

The application site lies within Flood Zone 1 such that it is at a low risk of flooding. However, flood risk management remains important and in this regard, Policy CS67 of the Sheffield Core Strategy states that the extent and impact of flooding will be reduced by a range of means, including (a) requiring that all developments significantly limit surface water run-off and (b) requiring the use of Sustainable Drainage Systems or sustainable drainage techniques on all sites where feasible and practicable.

The supporting text to Policy CS67 states that surface water must be reduced to 5 litres per second per hectare on all sites over 1 hectare, except on Brownfield sites (as in this case) where the developer can prove that there is existing surface water run-off. In this case, the application site is less than 1 hectare such that there is no requirement to enforce a reduction in flow rate. It is noted, however, that a small areas of green roof as well as landscaped roof terraces are proposed within the development, which will assist with flow rates, and for which further details will be required by condition. The applicant has also advised that the surface water drainage design will comply with Building Regulations Part H and details will be required by condition for approval by Yorkshire Water. On this basis, the proposed development is considered to comply with Policy CS67.

Public Art

Policy BE12 of the UDP advises that the provision of works of public art, which can be readily seen by the public, will be encouraged as an integral part of the design of major developments.

In this case, the applicant has sought to integrate the provision of public art within the development through the design of the link bridge between the proposed building and the Arundel Building. The bridge has been created by Corin Mellor of David Mellor Studios. Historically, David Mellor Studios, which are now based in Hathersage, resided in a property on Eyre Lane and was one of the major cutlery works in Sheffield in the late 1950s and 1960s. The applicant has advised that the bridge proposal is based around the idea of a passage across Eyre Street. It comprises a glazed bridge with metal clad casing to the top and bottom and

148 stainless steel fins running along the length of the bridge. The intention is to provide a modern design that utilises a traditional Sheffield material and expresses a creative use of stainless steel.

The Corin Mellor Bridge is considered to enhance the contemporary appearance of the development but it also demonstrates a strong historical connection to Sheffield’s past. It symbolises both the importance of stainless steel to Sheffield and also the history of the CIQ as a traditional location for metal trades building, for cutlery works and for modern creative design. A condition is proposed seeking further design details of the bridge and details of the materials but it is considered that the inclusion of the bridge is sufficient to satisfy the requirements of Policy BE12 and the application is acceptable in this regard.

Archaeology

Policy BE22 of the UDP advises that development will not normally be allowed which would damage or destroy archaeological sites and their settings.

In this case, the applicant has submitted a desktop Archaeological Report which considers the archaeological value of the site. It determines that the area was fields prior to development in the early 19th century. The initial development then consisted of houses, shops and industrial workshops. From the first half of the 19th Century to the late 20th Century, industries represented within the site included a whitesmith’s works, a cabinet maker, a brass foundry, a saw manufactory, cutlery works, an engineering works, a wire works and a mark maker’s works. These buildings were demolished between 1970 and 2006.

An archaeological watching brief was conducted on the presently vacant part of the site between Clay Lane and Brown Lane in 2006 during the removal of the buildings on site at that time. This brief recorded the remains of earlier building footings, cellars and a stone boundary wall.

The archaeological report submitted with this application considers that the extent of subsurface disturbance across the vacant site is unclear but it is likely that much of the underlying archaeology will have been impacted in areas where foundations and basements have been removed.

The report does note that there is a higher potential for the preservation of archaeological remains within the current car park site where there is a low to high potential for buried archaeological remains of 19th-century housing, shops and industrial works.

On the basis of this archaeological report, a condition is proposed requiring further archaeological assessment to be undertaken in the course of the construction process in accordance with measures to be agreed with South Yorkshire Archaeology Service. Details of the necessary measures will be required by means of a condition and on this basis, the application is considered to accord with Policy BE22.

RESPONSE TO REPRESENTATIONS

149

There are three sets of representations; from local residents, from English Heritage and from the Conservation Advisory Group. A response to these representations is set out below:

Representations from two local residents:

(i) Objection to the current positioning of the building and suggestion that it is moved to the north-west so that it is stepped back from Eyre Lane, particularly as the proposed Eyre Lane pavement is not as wide as pavements along all other elevations.

The width of the proposed pavement to Eyre Lane is approximately 1.4 metres, which is already significantly wider than the existing width of footway on Eyre Lane adjacent to Butcher Works, which is 0.5 metres. As such, it could be considered that the building has been stepped back from the traditional pavement width on Eyre Lane. However, a strong character of the CIQ Conservation Area is that buildings are constructed immediately adjacent to the back edge of the footpath such that to set the building in any further would detract from that character.

(ii) Object to the present design of the rear elevation, which they consider has been largely overlooked. They would like the opaque glazed cladding to extend further up the Eyre Lane elevation and more windows incorporated.

The rear elevation has been designed to respond to the character of the Conservation Area. It is for this reason that the elevation is to be constructed in red brick, which is appropriate to the Conservation Area, with recessed window openings rather than a fully glazed façade.

(iii) Object to the use of clear glazing on the windows facing Eyre Lane on elements overlooking the residential units within Butcher Works.

The windows within the rear elevation of the new building are to offices, which will be primarily used during the day, which reduces the potential for direct overlooking. However, the applicant will be required by condition to identify where there are windows in the new building that directly overlooks a residential window within Butcher Works rather than lying at an oblique angle. Where the angle is direct, details of a means to obscure the windows will then be required.

(iv) Object to the external balcony overlooking Butcher Works and consider that the balustrade should be set back by at least 2 metres from the building edge.

A condition is proposed to require the balconies to be set back by a minimum of 2 metres.

(v) Inadequate street lighting proposed during site construction and on completion.

The application states that the main entrance spaces on Arundel Gate and Eyre Lane will be well lit by a combination of building mounted light sources and additional low-level luminaries although the exact location has not been

150 determined. Accordingly, details of lighting will form a condition of this application and the concerns of the objector are acknowledged. During construction, the applicant has advised that the contractors will be required to sign up to the ‘Considerate Constructors’ scheme, which requires constructors to be ‘good neighbours’ and to have an appropriately safe and managed site.

(vi) Disruption during construction.

It is inevitable that the residents of Butcher Works will adjoin a building site in the course of construction. However, hours of construction and matters such as dust suppression etc, are controlled through the Environmental Protection Act and are limited to 8am to 6pm Monday to Friday and 8am to 1pm on a Saturday with no working on Sundays and Bank Holidays. In addition, as part of the Considerate Constructors scheme, there will be a nominated site manager that residents can contact in the event that they have a particular concern.

(vii) Concern about the impact of the development on the levels of natural light entering the flats.

This is assessed in the report above.

(viii) View expressed that a more gradual stepping back from Eyre Lane and/or setting the building further than a pavements width back from Eyre Lane would be more acceptable.

This is considered in point (i) above.

(ix) Objector considers that the building is unattractive at the Eyre Lane end.

This is considered in point (iii) above.

(x) The leap from three to four storeys at the rear to seven storeys at the front is extensive and appears tokenistic and will not be sufficient to limit the loss of natural light.

The impact on natural light is considered in the report above. With regard to the step from three/four storeys at the rear to seven storeys to the front, this does respect the topography of the site and is not considered unduly out of character when viewed in the context of the wider development on the north side of Arundel Gate, as demonstrated in the section that extends along Charles Street, rising from the Arundel Building, through this development and extending across Arundel Gate towards Howden House.

Concern about the impact on the desirability and value of the objector’s property.

The impact of a development on the value of a property is not a material planning consideration.

English Heritage:

151 (i) The management of Brown Lane, to maintain public accessibility, is crucial to the integration of this part of the scheme into the Conservation Area and should receive full legal consideration.

It is intended that the applicant will apply to formally close Brown Lane as a public highway, which is a separate process to Planning legislation. However, as part of this application, it is proposed to apply a condition requiring Brown Lane to remain open as a public route between the hours of 0800 and 2100 Mondays to Fridays and in the event that the building is officially open to students and staff at the weekends, that access for the public along the route of Brown Lane is also maintained.

(ii) English Heritage comment that the application does not fully address PPS5

The applicant has submitted an addendum to the Design and Access Statement to address the implications of PPS5, to include an assessment of the significance of the CIQ Conservation Area and Butcher Works and the contribution they make to the significance of their setting and how the scheme will impact upon it. This is considered in the report above.

Conservation Advisory Group:

(i) The character of the Cultural Industry Quarter (grid streetscape) and the architectural landscape character will be lost.

This is considered in the report above, in the section assessing the impact of the proposal on the CIQ Conservation Area.

(ii) CAG share English Heritage's concern at the relationship of the scheme with the nearby Butcher Works as well as its relationship with Clay Lane.

English Heritage actually state that they consider the building would neither visually dominate Butcher Works nor the street scene on Eyre Lane. The relationship to Clay Lane is considered in the report above.

(iii) CAG notes that the Design Compendium states that new developments, in the area should be a maximum of five storeys high.

The Compendium actually states that infill developments should generally be 3-5 storeys but that it may also be appropriate to rise above the general height of 5 storeys to provide enclosure to wider streets such as St Mary’s Gate, Eyre Street and by implication, Arundel Gate, providing it can be demonstrated that there will be no detrimental impact on the CIQ core, as considered in the report above.

(iv) The permeability characteristic of the area will be destroyed. A commitment to maintain public access for much of the day was neither an acceptable substitute for a public thoroughfare, nor easily enforceable.

The maintenance of public access through Brown Lane will be secured by means of a planning condition. This is readily enforceable as the opening of the route can

152 be easily verified. In the case of a breach, the Council could consider Enforcement action by means of a Breach of Condition notice.

(v) The Group felt that the occupiers of Butcher Works should be consulted on the proposed closure and Brown Lane should be open permanently.

Any road closure proposal is subject to public consultation. The issue of Brown Lane is considered in the report above.

SUMMARY AND RECOMMENDATION

Whilst a University Building within Use Class D1 (non-residential education) is not the preferred use within an area designated for Fringe Industry and Business within the Adopted UDP, the building will provide a significant proportion of office space, which is a preferred use. Moreover, the existing site is part-car park, part-vacant, such that the proposal will not alter the balance of preferred uses in the area and the principle of development is therefore considered to accord with Policy IB6 and IB9 of the UDP. The application is also considered not to detract from the objective to secure new office development in the City Centre in accordance with Policies CS3 and CS4 of the Core Strategy. Additionally, both the teaching and café space will contribute to the aim of achieving a mix of uses within the Cultural Industries Quarter, in accordance with Policy CS17 of the Core Strategy and to consolidate and expand the teaching provision of Sheffield Hallam University in accordance with Policy CS20 of the Core Strategy.

Architecturally, whilst contemporary in overall design, the application is considered to balance the site’s transitional location between the contemporary design approach that is now established by the Heart of the City and the more traditional character of the CIQ Conservation Area through the appropriate use of materials, which comprises a wide range of high quality materials from traditional red brick to modern glazing systems with stainless steel soffits. The building also introduces extensive modelling to the elevations in the form of recessed windows and building overhangs, as well as introducing corten steel roof pods on the top floor to create an interesting roofline. The introduction of a link bridge between the proposed building and the Arundel Building, designed by Corin Mellor or David Mellor Studios as the contribution to public art in accordance with Policy BE12, will further enhance the streetscene.

The scale of development has also been considered in relation to the site’s context with a range in heights from 2-4 storeys to the rear, to match the scale of existing development in this location and to ensure an enclosure ratio appropriate to the CIQ Conservation Area. To Arundel Gate, the scale extends to 7 storeys, with the top floor comprising recessed roof pods rather than a complete floor of

153 development. Given the width of Arundel Gate and the scale of new development within the Heart of the City, it is not considered that this scale of development is out of character. Overall, the proposed design and scale of development is therefore considered to accord with Policy BE5 of the UDP and Policy CS74 of the Core Strategy.

A key issue in the determination of this application is the effect of the development on the heritage asset of the Grade II* Butcher Works and the impact on the CIQ Conservation Area. In this regard, it is concluded that the development has sought to respond to the importance of Butcher Works by means of its position, scale and use of traditional red brick to the rear elevation such that it will not affect the heritage assets of Butcher Works. With regard to the Conservation Area, and in particular, the impact on the grid that is part of the character of the CIQ Conservation Area, it is concluded that the scheme strongly retains the sense of Brown Lane by keeping the profile and existing slope of the Lane by proposing the use of a more external palette of materials as an acknowledgement of its historic function as a street and maintaining public access through the building during the week. It is therefore considered to accord with Policies BE15, BE17 and BE19 of the UDP and guidance within PPS5.

As noted in the report above, in terms of the impact on the amenity of adjoining residential occupiers within Butcher Works, the proposed development does have some impact on the levels of daylight into the ground floor units. However, the impact is limited and it is acknowledged that the new building has been stepped back within the site as far as is appropriate within the CIQ Conservation Area and is positioned to the north-west of Butcher Works such that it does not directly impact on the sunlight path. Furthermore, given that the scale of the proposed development opposite Butcher Works has been reduced to relate to the height of existing buildings, it is not considered that the limited impact of the development on the amenity of residents is sufficient as a single issue to warrant refusal of the application.

There are no highway implications arising from this proposal, which is designed to be car-free with disabled car parking accommodated within the existing car park within SHU’s Stoddart Building. This approach is consistent with current car parking policy set out in Policy T21 of the UDP. The proposal will also enable improvement to be made to the public realm adjacent to the development on Charles Street, to create a more pedestrian friendly environment, which is consistent with the Council’s wider initiatives to improve public realm within the CIQ. The proposal is also sufficiently accessible in accordance with Policy BE8 of the UDP.

Finally, the applicant has submitted sufficient information to confirm that the development can comply with the sustainable objectives of Policies CS64 and CS65.

The proposed development is therefore considered to comply with relevant national and local planning policy and is recommended for approval subject to conditions.

154

Case Number 10/01055/REM

Application Type Approval of Reserved Matters

Proposal Erection of 11 dwellinghouses, associated landscaping and laying out of access roads and open space (Approval sought for appearance, landscaping, layout and scale of development approved by planning permission ref 07/02805/OUT) AMENDED DESCRIPTION - as per amended drawings received 17.06.10

Location Ringinglow Road Fire Station Ringinglow Road Sheffield S11 7TA

Date Received 29/03/2010

Team SOUTH

Applicant/Agent John R Paley Associates

Recommendation GRA GC subject to Legal Agreement

Subject to:

1 Before the development is commenced, details of all proposed external materials and finishes, including windows, shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

2 Before the commencement of development, large scale details, including materials and finishes, at a minimum of 1:20 of the items listed below shall be approved in writing by the Local Planning Authority:

(a) Windows (b) Window reveals (c) Doors (d) Eaves and verges (e) External wall construction (f) Brickwork detailing (g) Entrance canopies

155 Thereafter, the works shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

3 Rooflights shall be conservation style whereby no part of the rooflight shall project above the surface of the roofing slates unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

4 All the rainwater gutters, downpipes and external plumbing shall be of cast iron or cast aluminium construction and painted black unless otherwise agreed in writing by the Local Planning Authority. Gutters shall be fixed by means of hangers and brackets and no fascia boards shall be used.

In order to ensure an appropriate quality of development.

5 The drainage details shown on drawing E07/4580/100 shall be implemented as part of the construction works at the site, and shall be permanently retained thereafter.

To ensure satisfactory drainage arrangements.

6 Before development is commenced full details of external lighting within the site shall have been submitted to and approved by the Local Planning Authority. Thereafter the external lighting shall be installed and retained in accordance with approved details.

In the interests of the amenities of the locality and in order to ensure appropriate lighting details for the scheme in relation to its siting adjacent to the Green Belt.

7 Prior to the commencement of development further details of the new trees to be planted within the turning head shall be submitted to and approved by the Local Planning Authority. The details shall incorporate the use of extra heavy standard trees (16 - 18cm specimens) ifor protection from vehicles. The trees shall be planted prior to occupation of the dwellings, or within an alternative timescale to be first agreed in writing with the Local Planning Authority. Thereafter the landscaped areas shall be retained and shall not be used for any other purpose without the prior consent of the Local Planning Authority. They shall be cultivated and maintained for a period of 5 years from the date of implementation and any plant failures within that five year period shall be replaced.

156 In the interests of the amenities of the locality.

8 Before work on site is commenced, details of a suitable means of boundary treatments for the individual dwellings shall be submitted to and approved in writing by the Local Planning Authority and the dwellinghouses shall not be occupied unless such boundary treatments have been provided in accordance with the approved details and thereafter such means of site enclosure shall be retained.

In the interests of the amenities of the locality.

9 Prior to the commencement of development details of the boundary treatment at the boundary of the site with Ringinglow Road shall be submitted to and approved in writing. The development shall be carried out in accordance with the approved details.

In the interests of the amenities of the locality.

10 The Pond Restoration and Maintenance Schedule document and associated restoration and planting plans submitted with the application shall be carried out prior to the occupation of the dwellinghouses. The implemented measures shall permanently remain in place.

In the interests of the amenities of the locality and of nature conservation.

11 At all times that demolition and construction works are being carried out equipment shall be provided to the satisfaction of the Local Planning Authority for the effective cleaning of the wheels and bodies of vehicles leaving the site so as to prevent the depositing of mud and waste on the highway but before the development is commenced full details of such equipment shall have been submitted to and approved by the Local Planning Authority. When the above-mentioned equipment has been provided thereafter such equipment shall be used for the sole purpose intended in all instances and be properly maintained.

In the interests of the safety of road users.

12 Before the development is commenced, details of the means of ingress and egress for vehicles engaged in the construction of the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the arrangements for restricting the vehicles to the approved ingress and egress points. Ingress and egress for such vehicles shall be obtained only at the approved points.

157 In the interests of traffic safety and the amenities of the locality.

13 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, Part 1 (Classes A to E inclusive), Part 2 (Class A), or any Order revoking or re-enacting that Order, no extensions, porches, garages, ancillary curtilage buildings, swimming pools, enclosures, fences, walls or alterations which materially affect the external appearance of the dwellinghouses hereby approved shall be constructed without prior planning permission being obtained from the Local Planning Authority.

In the interests of the amenities of occupiers of adjoining property, bearing in mind the restricted size of the curtilage.

14 The dwellings shall not be used unless suitable access and facilities for people with disabilities, both to and within a minimum of 25% of the dwellings hereby approved and also within the curtilage of the site, have been provided but, before such access and facilities are provided, full details thereof shall have been submitted to and approved in writing by the Local Planning Authority. When the access and facilities have been provided, thereafter such access and facilities shall be retained. (Reference should also be made to the Code of Practise BS8300).

To ensure ease of access and facilities for disabled persons at all times.

15 The development must be carried out in complete accordance with the following approved documents;

Drawing Numbers- P10 4287 30 P10 4287 31 P10 4287 32 P10 4287 41 P10 4287 42 P10 4287 01 Rev A P10 4287 28 Rev A P10 4287 35 P10 4287 36 P10 4287 37 P10 4287 38 P10 4287 39 P10 4287 40 P10 4287 100 Rev A E07/4580/100 SF1356 LM01 SF1356 LM02 unless otherwise authorised in writing by the Local Planning Authority.

158

In order to define the permission.

Attention is drawn to the following justifications:

BE5 Building Design and Siting GE4 Development and the Green Belt Environment GE8 Areas of High Landscape Value and The Peak National Park H5 Flats, Bed-sitters and Shared Housing H10 Development in Housing Areas H14 Conditions on Development in Housing Areas H15 Design of New Housing Developments CS24 Maximising the Use of Previously Developed Land for New Housing CS25 Priorities for Releasing Land for New Housing CS31 Housing in the South West Area CS41 Creating Mixed Communities CS74 Design Principles

Overall, the proposed scheme would be considered to satisfy the requirements of PPS1, PPS3, Unitary Development Plan policies BE5, GE4, GE8, H5, H10, H14 and H15. Additionally, the scheme would meet the provisions of Core Strategy policies CS24, CS25, CS31, CS 41 and CS74. As such the proposed details are considered to be acceptable and approval of the submitted details is therefore recommended.

159 Site Location

160

LOCATION AND PROPOSAL

The application site is located to the south of Ringinglow Road, and previously operated as a Fire Station. The site is designated as being within a Housing Area within the Unitary Development Plan. Immediately adjacent to the southern perimeter of the site the land is designated as Green Belt. Immediately adjoining the site to the west is a dwelling and its curtilage, which is designated as being within the Housing Area. The land immediately to the west of the curtilage of this neighbouring dwelling is designated as being within the Green Belt. The land to the north on the opposite side of Ringinglow Road is categorised as Green Belt.

Land within the vicinity of the site is designated as being in an Area of High Landscape Value (AHLV). The nearest land designated as AHLV is located on the opposite side of Ringinglow Road (diagonally opposite).

An outline planning consent for residential development was granted under reference 07/02805/OUT. All matters, except access, were reserved for subsequent consideration.

The current submission relates to the reserved matters outstanding following the granting of outline consent. The submission includes a total of 11 detached dwellings, 10 of which would have 5no. bedrooms and 1 having 4no. bedrooms. The Ringinglow Road frontage would incorporate two detached dwellings and the sole access to the development. The view through this access would be of a further detached dwelling.

161 The layout includes in-curtilage parking for all dwellings, numbering three spaces each.

RELEVANT PLANNING HISTORY

An outline approval was granted in relation to the site for residential development, under reference 06/02824/OUT. This consent included a condition covering landscaping zones along two of the site’s boundaries. A further application was also approved for the amendment of this condition, to reduce the extent of this landscaping zone/s. As per the normal procedure this constitutes a new outline approval and was dealt with under reference 07/02805/OUT.

Following on from this approval a reserved matters application was granted consent under reference number 07/04811/REM. This incorporated a total of 19 dwellinghouses and 12 apartments. The dwellings each included 4no. bedrooms, whilst 11 of the apartments were 2no. bedroom and 1 had a single bedroom. This was approved in April 2008.

SUMMARY OF REPRESENTATIONS

Following direct neighbour consultation, the display of a site notice and a press advertisement, a total of 7 representations have been received in relation to the initially submitted layout.

In addition consultation has been carried out in regards to the amended drawings, any comments received in response to this will be summarised separately.

Comments received include:

Local area does not have capacity to accommodate the extra residents in the area, i.e. local schools are already over-subscribed. Local post-office is very busy. Local doctors and dentists are full. No play facilities for children or activities for teenagers.

Some of developers profits should be used to address these issues.

Impact upon ecology. Query whether pond has been checked to see if newts are present.

Dwellings are too close to Ringinglow Road. Terraced properties/high density accommodation in the proposed position would be out of keeping. Does not represent a continuity of street frontage.

Certain property types are out of keeping in the area.

Sale prices need to be confirmed before it can be established if there is sufficient demand.

Proposed crown lifting and removal of shrubbery etc should be resisted.

162

Site should only accommodate 10 to 15 houses of the type required in area.

No reference paid to environmental sustainability measures.

Agent’s statement that area is predominantly residential is erroneous, and it is actually predominantly open land, school etc.

High car parking levels will encourage vehicle usage rather than more sustainable forms of transport.

No public transport available near the site.

Drainage problems affect vicinity. Assurances sought that this will not be worsened.

Buffer zone should be maintained not for domestic use, but to protect current wildlife (including protected species which are claimed to be present in the site).

The self-contained, isolated development will not reinforce neighbourhood and community, which is a stated requirement.

Concern regarding disruption caused by a building site. Dust exacerbates asthma.

In addition to this correspondence has been received from the Campaign to Protect Rural England (CPRE). The comments made cover the need to ensure that the landscape buffers do not include domestic curtilages. It is also commented that the submission includes no reference to sustainable design techniques, and suggested that the reserved matters submission should be made to follow the sustainability policies set out within the Adopted Core Strategy.

CPRE have also commented on the revised drawings, stating that subject to conditions and monitoring they are satisfied in regards to issues of landscape buffer preservation. Concern is expressed that no details are given about sustainability measures. Also commented that the frontage buildings are located too close to Ringinglow Road.

PLANNING ASSESSMENT

Policy Issues

The site is within a Housing Area as defined within the Unitary Development Plan, and is immediately adjacent to the Green Belt and opposite land designated within an Area of High Landscape Value (AHLV).

The relevant National Planning statements and Unitary Development Plan / Core Strategy policies are as follows:

PPS 1 (Delivering Sustainable Development), states that “Planning authorities should plan positively for the achievement of high quality and inclusive design for

163 all development, including individual buildings, public and private spaces and wider area development schemes. Good design should contribute positively to making places better for people. Design which is inappropriate in its context, or which fails to take the opportunities available for improving the character and quality of an area and the way it functions, should not be accepted.”

PPS3 (Housing) sets out the Government’s policies and provides advice on matters concerning housing and housing development. It emphasises the need to enable a greater choice of housing. Also the re-use of previously developed sites at efficient densities is promoted. The recent changes to PPS3 removes the minimum density target of 30 dwellings per hectare. However, the PPS still states that Local Planning Authorities may wish to set out a range of densities across the plan area rather than one broad density range.

The SDF Core Strategy gives density ranges for different locations in Sheffield. The lowest density specified by the Core Strategy is 30 dwellings per hectare in less accessible parts of the urban area and in rural areas. Densities outside the ranges are, however, permitted where they achieve good design, reflect the character of the area or protect a sensitive area. The changes to the PPS allow a flexible approach to densities in locations where the bottom of the density range is 30 per hectare.

The relevant Adopted Unitary Development Plans policies are: BE5 ‘Building Design and Siting’ GE4 ‘Development and the Green Belt Environment’ GE8 ‘Areas of High Landscape Value and the Peak National Park’ GE11 ‘Nature Conservation and Development’ GE15 ‘Trees and Woodlands’ H10 ‘Development in Housing Areas’ H14 ‘Conditions on Development in Housing Areas’ H15 ‘Design of New Housing Developments’ H16 ‘Open Space in New Housing Developments’

The relevant Sheffield Development Framework Core Strategy policies are: CS 24 ‘Maximising the Use of Previously Developed Land for New Housing CS 26 ‘Efficient Use of Housing Land and Accessibility’ CS 31 ‘Housing in the South West Area’’ CS 41 ‘Creating Mixed Communities’ CS 74 ‘Design Principles’

Design Issues

National Planning Policy PPS1 and PPS3 recognise and promote high quality design in new developments and advise planning authorities to reject design which is inappropriate in its context or which fails to take the opportunities available for improving the character or quality of an area and the way it functions. Unitary Development Plan policies are also relevant. Policy BE5 seeks to achieve good design and the use of good quality materials in new development which complements the scale, form and architectural style of surrounding buildings.

164 Additionally, H14 requires new buildings to be in scale and character with neighbouring buildings and to not represent an over-development of the site.

The buildings proposed reflect the scale of other dwellings in the area and the materials as indicated are also compatible, consisting primarily of brick and render. However final details will be agreed via conditions submissions.

Core Strategy policy CS 24 ‘Maximising the Use of Previously Developed Land for New Housing,’ emphasises the use of brownfield sites, with a target of 88%. Since part of the site is previously developed, the scheme would contribute toward meeting the provision.

Policy CS26 covers the ‘Efficient Use of Housing Land and Accessibility’, and at this site the recommended density would be 30-50 dwellings per hectare. It is however stipulated that densities outside these ranges will be allowed where they achieve good design, reflect the character of an area or protect a sensitive location. The proposed net density would be 16 dph.

Policy CS31 covers ‘Housing in the South West Area’ and states that the scale of new development will be largely defined by what can be accommodated at an appropriate density.

Policy CS41 ‘Creating Mixed Communities’ encourages the creation of mixed communities and states that they should be promoted by providing a greater mix of housing, including homes for larger households, especially families.

The proposed layout shows a density of 16 dph, which is a significant shortfall below the minimum suggested density of 30 dph, as given in policy CS26. The revised layout includes 11 dwellings, and is considered to be a significant improvement upon the initially submitted plan. However, as discussed above policy CS26 allows densities below 30dph where the resulting design would be achieve good design and reflect the character of an area. The revised layout is considered to be much more in sympathy with the character and density of the surrounding area. The local density is comparable to the proposed density, and predominantly includes detached and semi-detached dwellinghouses within deep plots, but positioned relatively closely together. Whilst the proposed layout is considered to be acceptable in this instance, it should be reiterated that one of the reasons for the density policy is to make efficient use of land, and making less efficient use of land on sites like this may reduce the city’s ability to meet housing need without using greenfield sites or even the Green Belt.

The proposed density would be considered to be much more in keeping with the locality than the initial scheme. It is considered it would allow the development to meet the provisions of Policy CS31 which states that the scale of new development will be largely defined by what can be accommodated at an appropriate density.

Some concern has been raised relating to the relationship to the street created by the separation of the proposed dwellings fronting onto Ringinglow Road from the public footpath. The proposed dwellings would be separated from the back of the footpath by approximately 2.5metres. This is a lesser distance than the equivalent

165 separation distances between the existing dwellings and the footpath, which is typically approximately 8metres. Notwithstanding this it is not considered that the proposed layout would have an intrusive impact within the street scene. Of greater importance than the separation distance is the dwelling type and appearance, its selected materials and the way which these dwellings contribute to the overall street scene. This combination of factors is considered to result in a proposed frontage to the layout which is acceptable in terms of its compatibility within the character of the street scene. The existing dwellings on this side of Ringinglow Road are separated from each other by narrow, walkway type gaps. In combination they therefore present quite a solid frontage. The positioning of the proposed frontage dwellings would not be considered to be out of keeping with this arrangement.

It is also fundamental to this assessment that the layout already approved as part of the previous reserved matters submission included four detached dwellings across the Ringinglow Road frontage. They were set back 2.0 metres from the footpath running across the front of the site. For this additional reason it is considered that the proposed layout would be acceptable in this context, and that it would therefore be unreasonable to resist the proposed layout for reasons relating to this issue.

The proposed layout would feature a ‘square’ within the core of the site. This would have the scope to provide a communal area, which would be treated with planting and landscaping to enhance its visual appearance and overall contribution to the scheme.

Policy CS 41 of the Core Strategy states that a greater mix of housing shall be provided including homes for larger households, especially families. The proposal would include 10 x 5no. bedroomed dwellings and a single dwelling with 4 bedrooms. These dwellings would obviously be suitable as family housing and this would therefore satisfy the requirements of the relevant section of this policy.

Overall, the proposal is considered to be acceptable in terms of its design principles. It is considered to satisfy the relevant aspects of UDP policies BE5 and H14, and policies CS24, CS26, CS31, CS41 and CS74.

Impacts on Green Belt

As specified above the site adjoins the Green Belt along its southern boundary, and on the opposite side of Ringinglow Road to the north. The outline consent includes a condition which prevents development within 10metres of the southern boundary and/or 5metres of its western boundary. The condition was imposed to prevent impact upon the Green Belt.

There are two relatively dense belts of trees along the southern perimeter of the site which would act to screen many views of the buildings. These would form a significant screen and any views of the proposed dwellings would not be significant.

166 The proposed layout adheres to this requirement by avoiding the provision of any buildings and/or domestic curtilage areas within these spaces. The impacts on the green belt and views from it would be considered to be acceptable. Any views of the development from the green belt will also incorporate the existing buildings adjoining and near to the site. Overall, the scheme would be acceptable in this regard.

Overall, the proposal’s impact upon the Green Belt would be considered to be acceptable and to avoid detracting from its open character.

Views from land designated within an Area of High Landscape Value are considered to be of no greater impact than the previously existing fire station buildings.

Overall, the proposal would be considered to be acceptable in regards to Unitary Development Plan policies GE4 and GE8.

Impact on Neighbour Occupiers

The neighbouring dwellings which would be most sensitive to the proposed development are the dwellings at the east and west, and those dwellings at the opposite side of Ringinglow Road.

The two proposed dwellings fronting onto Ringinglow Road are set in closer proximity to the highway than the existing dwellings in the vicinity. However, the proposed frontage dwellings would not directly face the dwellings on the opposite side of Ringinglow Road. Therefore, these dwellings would not be detrimentally affected by the proposed detached dwellings fronting onto Ringinglow Road.

The existing dwelling to the west includes one habitable room window in the respective side elevation, at ground floor level. This would be separated from the closest proposed dwelling by approximately 24metres. This would be considered to be sufficient to safeguard the privacy of these existing neighbouring occupiers. In this regard the proposal would be considered to be acceptable.

The dwelling to the east would be protected from any views from habitable room windows by the existing tree belt. Any views onto the neighbouring garden space would not be considered to be dissimilar from many relationships within suburban settings.

Overall, the proposal is considered to have an acceptable impact upon the occupants of neighbouring dwellings, as such it is considered that the proposal would satisfy the requirements of H14 (c).

Amenity of Potential Occupants

UDP policy H15 ‘Conditions on Development in Housing Areas’ requires housing developments to provide adequate private gardens or communal open space, and to ensure basic standards of daylight, privacy, security and outlook.

167 The individual dwellinghouses are considered to be well provided for in relation to their window positioning and the opportunities for natural daylight and ventilation.

The dwellinghouses would be provided with secure private garden space. Supplementary Planning Guidance for Designing House Extensions stipulates that garden spaces for dwellinghouses should measure a depth of 10m and provide an area of 50 sq metres. The respective proposed garden spaces would satisfy these requirements. The separation distances between the individual dwellings are generally satisfactory in relation to the parameters set out within the above guidance.

In this respect the proposal is considered to be acceptable in regards to the provisions of Unitary Development Plan H15 (b).

Highway Issues

It is envisaged that the development would generate 17 two way A.M. peak hour movements and 14 two way P.M. peak hour movements. The outline application was based upon the assessment of the following vehicular movements, 42 A.M. peak and 35 P.M. peak. As such the implications of the proposal would be considered to fall well below the vehicular movements which were previously considered as being acceptable. Overall, it is considered that the level of traffic arising from the proposed development can be accommodated in the existing highway network without detriment to highway safety or capacity. Appropriate sight lines were demonstrated as being achievable within the previous outline application and would be provided in this case.

Information submitted has shown that a service vehicle (12.2m refuse vehicle) can adequately enter the site and manoeuvre and exit in a forward gear. A 12.2m vehicle is currently used in the area by Veolia.

Each dwelling is provided with in-curtilage parking numbering 3 spaces, with some additional spaces at certain dwellings. In certain cases this may be considered as being an over provision of parking spaces, however, this is largely a result of the dwelling type, which are considered to be acceptable and appropriate within the local vicinity.

Cycle storage would be achieved in rear garden space and garage areas. Therefore, the proposal would be acceptable in this regard.

Overall, the proposal is considered to be acceptable in regards to highways issues, subject to the inclusion of a number of conditions within any consent granted.

Protection of Pond/Wellhead

The Pond and Wellhead within the south-western corner of the site would be retained within the proposed layout. A Pond Restoration and Management Schedule has been submitted with the application and is considered to be acceptable. It is considered that the strategies given within the document should

168 be required to be implemented. These strategies will enhance the visibility of the wellhead.

In addition the layout shows an access route for interested members of the public.

Sustainability Issues

The current submission includes some reference to measures to enhance the sustainability of the development. However, it should be noted that a condition was incorporated within the outline permission requiring the agreement of a package of measures to be agreed prior to the commencement of development. As such this information will be required, be formally provided and agreed at a later date.

Drainage Issues

Previous feedback from Yorkshire Water identified that a live mater main crosses the site, and recommended that no obstruction encroached within 6metres to either side. In order to address this issue discussions have taken place between Yorkshire Water and the applicant regarding the diversion of the water main. A route has been agreed for realignment of this water main.

A further issue raised by Yorkshire Water is the limitation of discharge to the public surface water sewer of 10 (ten) litres per second. The submitted plan specifies that the drainage provisions will adhere to this limit, which is considered to be acceptable.

The proposed drainage layout shows that the existing culverted watercourse is proposed to be abandoned, grouted and diverted to a replacement culvert which would connect into a new manhole facility. Since no buildings or obstructions would be sited within 3metres of the re-positioned culvert this would be considered to be acceptable.

Open Space

The outline consent included a condition requiring the reserved matters submission to include details of open space amounting to no less than 10% of the site area. This condition did not preclude an agreement being made relating to some alternative means of providing or contributing toward open space provisions at another site. The site includes no provision for open space which would satisfy this requirement, although the pond would be able to be accessed by members of the public. As such it is appropriate to require a contribution toward the provision of children’s play facilities, and the improvement of informal open space and outdoor sport, as required by Unitary Development Plan policy H16 where a shortfall occurs in the area or enhancement is required; as is the case here. The financial contribution therefore required for the development is £14,729.00 and this would be secured by the submission of a planning obligation, were approval to be granted.

169 Ecology Issues

The outline consent requires recommendations of the Ecology Survey to be followed, these covered bats, great crested newts and breeding birds. A further condition also required a Great Crested Newt Survey to be carried out taking and consequential action. Compliance with this condition requires the survey to be carried out before the commencement of development at the site.

Affordable Housing

Policy CS 40 of the Core Strategy require an affordable housing contribution where developments include more than 15 residential units. The application involves 11 dwellings, and would therefore not be subject to this policy. More importantly however, the outline consent was granted prior to the adoption of this policy, and as such the policy would not apply.

Trees and Landscaping

The arboricultural survey and landscaping proposals are considered to be acceptable. The proposals involve the removal of 4 trees and canopy lifting works to a number of others. The proposed removal of the trees specified is considered to be acceptable, avoiding a detrimental impact upon public amenity. In addition extra planting would be proposed. Overall, the proposals are considered to be acceptable in relation to policies which aim to protect trees and the green environment. It would be appropriate to require the agreement of landscaping schemes prior to the commencement of development.

RESPONSE TO REPRESENTATIONS

A number of the points raised within the correspondence have been addressed in the above assessment. In relation to the outstanding items the following comments can be made:

An assessment carried out in relation to the outline submission confirmed that local schools were not over-subscribed. Notwithstanding this the number of dwellings involved in the proposal would not necessitate the issue of impact upon local education provision to be assessed.

The concern was expressed that the development would not reinforce neighbourhood and community. The layout of the development is considered to be reasonably designed to provide opportunity for the prospective residents to meet one another. Additionally, the layout shows that an access to the pond and wellhead to members of the public would be made available.

The Agent’s statement regarding the character of the area being predominantly residential has not affected the assessment of the application. The site was previously developed and was allocated as being within a Housing Area under the provisions of the Unitary Development Plan.

170 The levels of car parking provision is a result of the revised layout details reducing the number of dwellings. A reduction in this would be likely to lead to additional dwellings within the development. However, it should be noted that the outline consent requires contributions to bus stop accommodation at Bents Green. Therefore, the development is considered to encourage use of sustainable transport modes in this regard.

Issues relating to the details of proposed sale prices and the noise and disruption caused during the construction phase, would not constitute material planning considerations and cannot be taken into account as part of this application.

SUMMARY AND RECOMMENDATION

The application seeks consent relating to the submission of reserved matters in pursuit of an outline approval for residential development. The reserved matters submission proposes 11 detached dwellinghouses.

The design of the scheme is considered to be in keeping with PPS1 and PPS3 which requires schemes to be appropriate in their context. The density of the scheme would satisfy the requirements of PPS3 without resulting in a scale or form which conflicted with the locality. The design would not detract from the openness or character of the Green Belt or the Area of High Landscape Value. The impacts of the proposal upon trees would be considered to be acceptable.

Amenities of neighbouring occupiers would be protected by the proposal. The proposal would provide reasonable amenity for the potential occupants, and the scheme would be considered to be acceptable in relation to parking provision and impacts upon traffic safety and movement on Ringinglow Road.

Heads of Terms for Planning Obligation

The owners shall serve upon the Council upon or before commencing development (as defined in the Town and County Planning Act 1990) notice of the commencement, and in the event of such notice not being served, covenant to pay the Council immediately upon demand, all sums due under the provisions of this Deed together with any interest due.

The owner shall, on or before the commencement of development, pay to the Council the sum of £14,729.00 to be used towards the provision or enhancement of Open Space within the vicinity of the site.

171 In the event of a satisfactory s106 Planning Obligation covering the Heads of Terms set out in the preceding paragraph not being concluded by 9 July 2010 (in order to meet the Government target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

172

Case Number 10/00993/CHU

Application Type Planning Application for Change of Use

Proposal Use of ground, first and second floors of building as a house in multiple occupation for up to 8 persons (Sui Generis)

Location Ground To Second Floor Offices 447 Glossop Road Sheffield S10 2PR

Date Received 26/03/2010

Team SOUTH

Applicant/Agent Trevor Birchall Design Ltd

Recommendation Grant Conditionally

Subject to:

1 The development must be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 The residential use hereby permitted shall not be commenced unless sound insulation measures have been implemented to the party wall with No. 445 Glossop Road, details of which shall have been submitted to and approved in writing by the Local Planning Authority prior to installation. Thereafter the approved sound insulation measures shall be retained.

In the interests of the amenities of occupiers of adjoining property.

3 The residential use hereby permitted shall not be commenced unless a scheme of sound attenuation works has been installed and thereafter retained. The scheme of works shall provide all habitable rooms with a North or West facing elevation with;

i) glazing with a minimum specification for traffic weighted sound reduction index, Rtra, of 34dB, and;

173 ii) an acoustically treated means of secondary ventilation.

Details of such provisions shall be submitted to and approved in writing by the Local Planning Authority prior to installation.

In the interests of the amenities of the locality and of the residential occupiers of the building.

4 The details, specifications and finish of any new windows required in order to comply with the foregoing condition, including elevations and sections, shall be submitted to and approved in writing by the Local Planning Authority prior to installation. Drawings shall be of a minimum of 1:10 scale and shall include details of proposed section sizes at a minimum of 1:1 scale. [Details shall include: reveal depths, double glazing, secondary glazing, shutters, mouldings, architraves, location of trickle vents]. Thereafter the windows shall be installed in accordance with the approved details and shall be retained.

In order to ensure an appropriate quality of development.

5 Before the development is commenced, full details of suitable and sufficient cycle parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority and the house in multiple occupation shall not be used unless such cycle parking has been provided in accordance with the approved plans and, thereafter, such cycle parking accommodation shall be retained.

In the interests of traffic safety and the amenities of the locality.

6 The residential use hereby permitted shall not be commenced unless the redundant air conditioning units on the rear elevation of the property have been removed from the building.

In the interests of the visual amenities of the locality.

7 The development must be carried out in complete accordance with the following approved documents;

Drawing No. 1084/3/09

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

174 1. The decision to grant permission and impose any conditions has been taken having regard to the relevant policies and proposals from the Yorkshire and Humber Plan, the Sheffield Development Framework and the Unitary Development Plan set out below:

H10 - Development in Housing Areas CS41 - Creating Mixed Communities H5 - Flats, Bed-Sitters and Shared Housing H14 - Conditions on Development in Housing Areas CS63 - Responses to Climate Change CS64 - Climate Change, Resources and Sustainable Design of Developments BE16 - Development in Conservation Areas CS74 - Design Principles

The proposed change of use from former offices/consulting rooms to a shared housing use will strengthen the residential character of the Housing Area. On balance, the proposed density of occupation is considered to be justified in making the efficient use of a vacant property in a sustainable location without harming the character of this part of the Broomhill Conservation Area or creating an unacceptable concentration of shared housing uses.

Attention is drawn to the following directives:

1. You are advised that residential occupiers of the building should be informed in writing prior to occupation that:

(a) limited/no car parking provision is available on site for occupiers of the building, (b) resident's car parking permits will not be provided by the Council for any person living in the building.

2. From the 6th April 2008, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 2008 require that all requests for confirmation of compliance with planning conditions require a fee payable to the Local Planning Authority. An application to the Local Planning Authority will be required using the new national standard application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

175 Site Location

176

INTRODUCTION

This application was deferred at the Committee meeting held on 1st June 2010. Members had raised concerns about the balance of housing uses in the area and had requested more information. Concerns were also raised about the demand for parking associated with the proposed use.

LOCATION AND PROPOSAL

No. 447 Glossop Road lies at the junction with College Street and is at the end of a Victorian terrace of similar properties. It is a two storey townhouse property with rooms in the roof space. The principal elevation fronts College Street. The rear elevation is three storeys high with the lower ground floor level being in use as offices albeit currently vacant. There is a large shared informal car park to the rear with vehicular access from College Street. The application indicates that 4 parking spaces are available to serve No. 447 Glossop Road.

The adjoining properties (No’s 443 and 445) are dwellinghouses with a salon at lower ground floor level (accessed from College Street). With the exception of No. 439, the remaining properties in the terrace are dwellings. No. 439 is an acupuncture clinic (Class D1) with access through the shared car parking area to the rear. The College Street properties are all in residential use, predominantly within the new Use Class C4 (House in Multiple Occupation – not more than 6 residents).

177 The building has previously been used as offices but is currently vacant. The application seeks to use the ground and upper floors as a house in multiple occupation with 8 bedrooms, a shared lounge/kitchen and 3 shared shower rooms. The lower ground floor level is retained as separate office accommodation. 3 rooms and the roof space are proposed to be sub-divided to provide the new bedrooms. Alterations to the external appearance of the building are restricted to the removal of permanently fixed louvres that currently obscure two first floor original windows on the College Street elevation.

RELEVANT PLANNING HISTORY

Planning permission for the use of the ground, first and second floors as a 4 bedroom dwelling was granted in March 2010 (ref 10/00105/FUL).

Planning permissions for use of the whole building as offices and a self-contained flat, and medical consulting rooms and residential use, were granted in 1982 and 1989 respectively. Permission to use the basement as separate office accommodation was granted in 1992.

SUMMARY OF REPRESENTATIONS

One letter of objection has been received from a resident in College Street:

- too many HMO’s in this area – there are only 6 residential homes in this part of Glossop Road and College Street out of at least 20 properties - could result in additional 8 cars – car park only has space for 4, and only if parked carefully. Car parking in College Street is a nightmare since cutting the cost of permits and only space for 21 carefully parked cars - front garden will be neglected again - only tidied to attract new tenants - noise and disruption and additional demand for on street parking during construction

PLANNING ASSESSMENT

Land Use Policy

The site lies within a Housing Area as defined in the Unitary Development Plan (UDP). There are no proposals to change the land use designation in the Sheffield Development Framework Preferred Options Proposals Map. The site also lies within the Broomhill Conservation Area.

Principle of Proposed Use

The proposed use falls outside the scope of the Use Classes Order, as amended in April 2010. This is due to the House in Multiple Occupation (HMO) being shared by more than 6 people. The use is not listed as being acceptable or unacceptable within the scope of UDP Policy H10 (Development in Housing Areas) and the application must therefore be considered on its individual merits.

178 Housing (Class C3) uses are preferred in Housing Areas, in accordance with Policy H10. There is no loss of housing (Class C3) to accommodate the proposed HMO and the HMO is more consistent with the residential character of the area than the previous office/consulting rooms use. In these circumstances, the HMO use is considered acceptable in principle without conflicting with Policy H10.

The adopted Core Strategy Policy CS41 (Creating Mixed Communities) encourages housing developments to meet a range of housing needs with a mix of prices, sizes, types and tenures. The policy also seeks to limit the number of HMO’s where a community is, or would be, imbalanced by a concentration of such uses.

Policy CS41 considers the nature of housing within a 200 metres radius of an application site. The objective is to restrict additional shared forms of housing where there is a concentration of such uses in excess of 20% of properties within the radius. The majority of housing in the immediate area appears to be in shared occupation and therefore in Class C4 uses (HMO up to 6 persons). However, within a 200m radius, only 15% of residential properties are currently recorded as being in shared occupation.

The assessment of housing uses is based on records held by the Strategic Housing Service. On the face of it, the 15% shared housing calculation may seem low. It is acknowledged that the data may not be 100% accurate and may be an under-estimate as it relies on the landlord’s registration process. However, an examination of the electoral register endorses the original assessment.

Of the 165 properties within the 200m assessment area, only 13 do not appear on the electoral register. Of these, 6 are recorded as shared housing within Strategic Housing Service records. In addition, 4 properties recorded as shared housing have only two occupants based on the information in the electoral register. It has to be concluded that the original assessment is reasonably accurate and well within the 5% margin for error that would trigger control under Policy CS41.

It is worth noting that of the 165 properties, 99 are known to be flats and these are generally purpose-built. The majority are in the blocks in Beech Hill Road. The flats are reasonably assumed to be predominantly 1 and 2 bedroomed as shared properties. The electoral register shows the flats as having one or two occupants each which explains why they are not identified as shared housing.

It should be noted that the entire terrace (with the exception of the application property and the acupuncturist’s at 439) is indicated as shared housing. This demonstrates why the original assessment may appear inaccurate but, over the policy assessment area (200m radius), the mix of housing uses does not conflict with Policy CS41.

Density of Use and Amenity for Occupiers

The building currently has two main rooms on each floor and one large room in the roof space. The proposals involve the subdivision of the roof space and 3 of the 4 rooms at ground/first floor level in order to accommodate 8 bedrooms. This is

179 clearly more bedrooms than would normally be associated with a property of this size and will result in the ground and first floor bedrooms being awkwardly configured. However, the alterations will not affect the external appearance of the building and each room will receive adequate daylight from existing original windows.

The smallest bedroom will have floorspace of approximately 9.5m2. The shared kitchen/living room is marginally over 20m2. There is a small front garden area that is relatively private due to the boundary wall and hedge which gives some screening.

The internal proportions of the building will be altered but, as the external appearance will not be affected and adequate private and communal space is provided, it would be difficult to justify refusal on the grounds of overdevelopment. On balance, it is considered that living conditions will be adequate for future occupiers and there is no conflict with UDP Policies H5 (Flats, Bed-Sitters and Shared Housing) and H14 (Conditions on Development in Housing Areas).

Sustainability

The site is in an easily accessible location and will ensure the building is used efficiently. In these circumstances, the proposals represent a sustainable form of development in accordance with Core Strategy Policies CS63 (Responses to Climate Change) and CS64 (Climate Change, Resources and Sustainable Design of Developments).

Conservation Issues

Two air conditioning units to the rear of the building will no longer be required and can be conditioned to be removed. This will be a visual improvement in views from College Street. Otherwise, the proposals will not alter the external appearance of the building. The development will therefore have a neutral impact on the character and appearance of the Broomhill Conservation Area and the proposals comply with UDP Policy BE16 (Development in Conservation Areas) and Core Strategy Policy CS74 (Design Principles).

Residential Amenity

The living accommodation and external space is considered adequate for occupiers (see above).

Traffic noise was considered under the previous application for change of use to a single dwelling (ref 10/00105/FUL). A condition requiring upgraded glazing treatments was imposed to ensure adequate protection for occupiers. The current proposals are no more onerous in this respect and the same condition is appropriate if planning permission is granted.

It is appropriate to condition sound insulation to the party wall with the attached dwelling at No. 445. This is due to the increased occupation and the general tendency for tenants to spend much time in their own rooms which potentially

180 results in increased activity at upper floor levels with greater potential for noise transfer. The increased activity is not expected to have any significant impact on the external environment which is dominated by traffic noise in Glossop Road.

Highway Issues

The application indicates that 4 parking spaces are available to serve the property. Since the previous Committee meeting, the applicant has confirmed that the occupiers of the HMO can be allocated 2 of the spaces. This level of provision would accord with the Council’s maximum Car Parking Guidelines for parking provision for student accommodation.

There is a permit parking scheme in operation in the surrounding area and demand for on-street parking resulting from the development can therefore be effectively controlled. The site is easily accessible with high frequency bus routes in Glossop Road. There is scope for cycle parking within the rear yard and this can be conditioned.

In view of the above, the proposals comply with UDP Policies H5(c) and H14(d).

SUMMARY AND RECOMMENDATION

The proposed change of use from former offices/consulting rooms to a shared housing use will strengthen the residential character of the Housing Area. The use is more intensive than the property was originally designed for but there will be no alterations to the external appearance and adequate amenity for residents can be provided. There will be no harm to the character or appearance of the Broomhill Conservation Area and sound insulation will ensure that adjoining occupiers are protected from internal disturbance arising from the more intensive use.

2 existing car parking spaces to the rear of the property can be allocated to serve the HMO and there is scope to make provision for cycle parking. Current parking restrictions in the area will control the demand for on street parking.

On balance, the proposed density of occupation is considered to be justified in making the efficient use of a vacant property in a sustainable location without harming the residential character of this part of the Broomhill Conservation Area or creating an unacceptable concentration of shared housing uses. In these circumstances, there is no conflict with the stated policies and it is recommended that planning permission is granted subject to conditions.

181

Case Number 10/00918/OUT (Formerly PP-01019928)

Application Type Outline Planning Application

Proposal Erection of 3/4 storey building to provide 52 apartments with associated car parking

Location Sheffield United Football Club Land On Corner Of Shoreham Street And John Street Highfield Sheffield S2 4RD

Date Received 25/03/2010

Team SOUTH

Applicant/Agent Turley Associates (Leeds)

Recommendation Grant Conditionsally subject to Legal Agreement

Subject to:

1 The development shall not be commenced unless and until full particulars and plans thereof shall have been submitted to the Local Planning Authority and planning approval in respect thereof including details of landscaping (matters reserved by the permission) shall have been obtained from the Local Planning Authority.

Until full particulars and plans of the development (including details of the matters hereby reserved) are submitted to and approved by the Local Planning Authority they cannot agree to the development proceeding.

2 Application for approval in respect of any matter reserved by this permission must be made not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

3 The development shall be begun not later than whichever is the later of the following dates:- the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

182 In order to comply with the requirements of the Town and Country Planning Act.

4 Before the development is commenced, details of all proposed external materials and finishes, including windows, shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

5 Before the commencement of development, large scale details, including materials and finishes, at a minimum of 1:20 of the items listed below shall be approved in writing by the Local Planning Authority:

Windows Window reveals Doors Eaves and verges External wall construction Brickwork detailing

Thereafter, the works shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

6 Before the development commences, the design and location of all new external light fittings shall have been approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

7 Before the development is commenced, details of the proposed surfacing, layout, lighting and marking out of the car parking accommodation shall have been submitted to and approved in writing by the Local Planning Authority. The new stand shall not be brought into use unless the car parking accommodation has been provided in accordance with the approved details. Thereafter such car parking accommodation shall be retained for the sole purpose intended.

In the interests of traffic safety and the amenities of the locality.

8 Before development commences details of the temporary works to be undertaken during the construction period, temporary site boundary

183 treatment, and location of wheel washing facilities around the site during construction shall be submitted to and approved in writing by the Local Planning Authority.

In the interests of traffic safety and the amenities of the locality.

9 Prior to any works commencing on site a condition survey of the surrounding highway network shall be jointly carried out and agreed by the Local Planning Authority and any remedial works required as a result of the implementation of the development shall be carried out prior to the commencement of use.

In the interests of traffic safety and the amenities of the locality.

10 The residential accommodation hereby permitted shall not be occupied unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall:

a) Be based on the findings of an approved noise survey of the application site, including an approved method statement for the noise survey,

b) Be capable of achieving the following noise levels:Bedrooms: LAeq 15 minutes - 30 dB (2300 to 0700 hours), Living Rooms: Laeq 15 minutes - 40 dB (0700 to 2300 hours),

c) Include a system of alternative acoustically treated ventilation to all habitable rooms.

Before the scheme of sound attenuation works is installed full details thereof shall first have been submitted to and approved in writing by the Local Planning Authority.

In the interests of the amenities of the future occupiers of the building.

11 Before the use of the building for the purposes hereby permitted is commenced, written confirmation shall be given to the Local Planning Authority that the approved scheme of sound attenuation works has been installed in the building in full.

In the interests of the amenities of the locality and occupiers of adjoining property.

12 Before the use of the development is commenced, a Validation Test of the sound attenuation works shall have been carried out and the results

184 submitted to and approved by the Local Planning Authority. Such Validation Test shall:

a) Be carried out in accordance with an approved method statement,

In the interests of the amenities of the locality and occupiers of adjoining property.

13 No externally mounted plant or equipment for heating, cooling or ventilation purposes, nor grilles, ducts, vents for similar internal equipment, shall be fitted to the building unless full details thereof have first been submitted to and approved by the Local Planning Authority, and once installed such plant or equipment should not be altered without prior written approval of the Local Planning Authority.

In the interests of the amenities of the locality and occupiers of adjoining property.

14 Before the development is commenced, actual or potential land contamination and ground gas contamination at the site shall have been investigated and a Phase 1 Preliminary Risk Assessment Report shall have been submitted to and approved in writing by the Local Planning Authority. The Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004).

In order to ensure that any contamination of the land is properly dealt with.

15 Any remediation works recommended in the Phase II Intrusive Site Investigation Report shall be the subject of a Remediation Strategy Report which shall have been submitted to and approved in writing by the Local Planning Authority prior to the development being commenced The Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

In order to ensure that any contamination of the land is properly dealt with.

185

16 Any remediation works recommended in the Phase II Intrusive Site Investigation Report shall be the subject of a Remediation Strategy Report which shall have been submitted to and approved in writing by the Local Planning Authority prior to the development being commenced The Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

In order to ensure that any contamination of the land is properly dealt with.

17 All development and associated remediation shall proceed in accordance with the recommendations of the approved Remediation Strategy. In the event that remediation is unable to proceed in accordance with the approved Remediation Strategy, or unexpected contamination is encountered at any stage of the development process, works should cease and the Local Planning Authority and Environmental Protection Service (tel: 0114 273 4651) should be contacted immediately. Revisions to the Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority. Works shall thereafter be carried out in accordance with the approved revised Remediation Strategy.

In order to ensure that any contamination of the land is properly dealt with.

18 Upon completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy a Validation Report shall be submitted to the Local Planning Authority. The development or any part thereof shall not be brought in to use until the Validation Report has been approved in writing by the Local Planning Authority. The Validation Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

In order to ensure that any contamination of the land is properly dealt with.

19 Prior to being discharged into any watercourse, surface water sewer or soakaway system all surface water drainage from parking areas and hardstandings shall be passed through a petrol/oil interceptor designed and constructed in accordance with details to be approved in writing by the Local Planning Authority.

To prevent pollution of the Water Environment.

20 No piped discharge of surface water from the application site shall take place until surface water drainage works including off-site works have been

186 completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

21 Unless otherwise approved in writing by the Local Planning Authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal.

22 Before work on site is commenced, full details of the access and facilities for people with disabilities, as shown on the plans, shall have been submitted to and approved in writing by the Local Planning Authority and the flats shall not be used unless such access and facilities have been provided in accordance with the approved plans and thereafter such access and facilities shall be retained.

To ensure ease of access and facilities for disabled persons at all times.

23 Any agreed renewable or low carbon energy equipment, connection to decentralised or low carbon energy sources or additional energy efficiency measures shall have been installed before any part of the development is occupied and a post-installation report shall have been submitted to an approved in writing by the Local Planning Authority to demonstrate that the agreed measures have been installed. Thereafter the agreed equipment, connection or measures shall be retained in use and maintained for the lifetime of the development, unless otherwise agreed in writing by the Local Planning Authority.

24 The dwellings hereby approved shall be constructed to achieve a minimum standard of Code Level for Sustainable Homes Level 3 and before any dwelling is occupied (or within an alternative timescale to be agreed) the relevant certification, demonstrating that Code Level 3 has been achieved, shall be submitted to and approved in writing by the Local Planning Authority.

In the interests of mitigating the effects of climate change, in accordance with Sheffield Development Framework Core Strategy Policy CS64.

187

25 The development must be carried out in complete accordance with the following approved documents;

07-086 SK-310 07-086 SK-302 Rev 2 07-086 SK-321 07-086 SK-303 07-086 SK-304 Rev 3 07-086 SK-301 Rev 1 07-086 SK-300 07-086 PL-02 07-086 PL-03 Rev 1 07-086 PL-04 07-086 PL-05 Rev 2 07-086 PL-06 Rev 2 07-086 PL-07 07-086 PL-20 Rev A

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

26 Prior to the commencement of the development, a detailed Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include:

a) Clear & unambiguous objectives to influence a lifestyle that will be less dependent upon the private car; b) A package of measures to encourage and facilitate less car dependent living; and, c) A time bound programme of implementation and monitoring in accordance with the City Councils Monitoring Schedule. d) The results and findings of the monitoring shall be independently validated to the satisfaction of the Local Planning Authority. e) The validated results and findings of the monitoring shall be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

Prior to the occupation of any dwelling, evidence that all the measures included within the approved Travel Plan have been implemented or are committed shall have been submitted to and approved in writing by the Local Planning Authority.

In the interests of delivering sustainable forms of transport, in accordance with the Transport Policies in the adopted Unitary Development Plan for Sheffield and PPG13.

188 Attention is drawn to the following justifications:

MU5 - Bramall Lane Mixed Use Area MU11 - Conditions on Development in Mixed Use Area BE5 - Building Design and Siting BE9 - Design for Vehicles H5 - Flats, Bed-sitters and Shared Housing H16 - Open Space in New Housing Developments CS23 - Locations for New Housing CS24 - Maximising the Use of Previously Developed Land for New Housing CS26 - Efficient Use of Housing Land and Accessibility CS40 - Affordable Housing CS41 - Creating Mixed Communities CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction CS74 - Design Principles Sheffield

Overall it is considered that the development complies with the relevant policies, and would not give rise to any unacceptable consequences to the environment, community or other public interests of acknowledged importance.

The proposal should provide an acceptable level of amenity to the future occupants. Off street car parking is limited but this is a highly sustainable location and there is a commitment to encourage more sustainable forms of transport.

The application includes a commitment to meet the sustainability objectives and will achieve Code for Sustainable Homes Level 3 and a minimum of 10% of the predicted energy needs from decentralised and renewable or low carbon energy and a reduction in the development's overall predicted carbon dioxide emissions by 20%.

Attention is drawn to the following directives:

1. The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact

189 Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services. The agreed address must be clearly displayed at each individual property before occupation in order to ensure that the postal service can correctly locate each property for delivery purposes.

3. As the proposed development abuts the public highway you are advised to contact the Highways Co-ordination Group on Sheffield 2736677, prior to commencing works. The Co-ordinator will be able to advise you of any pre- commencement condition surveys, permits, permissions or licences you may require in order to carry out your works.

4. You are advised that residential occupiers of the building should be informed in writing prior to occupation that:

(a) limited/no car parking provision is available on site for occupiers of the building, (b) resident's car parking permits will not be provided by the Council for any person living in the building.

190 Site Location

191

192 LOCATION AND CONTEXT

The application relates to a 0.25 hectare area within the curtilage of the existing football stadium. This area is currently occupied by a combination of stadium ancillary buildings, access routes into the football stands, and urban scrubland.

The site is currently bounded in the main by a brick wall to back edge of footway.

To the north the site adjoins John Street which, football stadium aside, is characterised by two storey red brick terraced houses with blue slate roofs.

To the east this character is mirrored in the Victorian terraced properties of Shoreham Street though several of these, at the junction of John Street/Shoreham Street/Charlotte Road are in commercial use.

In more recent times significant regeneration has led to the introduction of buildings of greater scale and massing, most notably the Copthorne Hotel at the junction of Bramall Lane and Cherry Street and the residential development of Anchor Point on the opposite side of Cherry Street though these would not be seen in juxtaposition with this proposal.

To the south and west the site adjoins the main stadium and its associated infrastructure, predominantly surface car parking adjacent Shoreham Street.

The Kop Stand is a substantial composite structure in concrete and steel located on a large cinder hill. The principle facing material is red and white profile sheeting and the appearance of the stand might be best described as brutal in its functionality. The roof is currently supported by columns rising from the seating area of the Kop Stand. The Evolution Stand is a more recent addition to the stadium featuring a cantilevered roof structure and red brick curtain walling with infill steel panelling finished in white.

It is proposed to erect a three/four storey building along the street frontages of John Street and Shoreham Street containing 52 single bedroom flats. A two/three three storey element would lie on the John Street frontage and would consist of two traditional storeys surmounted by a mansard roof enabling further accommodation within the roof space. The front elevation of this would be ‘broken’ by a pair of flat roof three storey service core elements inset slightly from principle elevation.

The development would rise to a four storey flat roof corner element at the junction of John Street and Shoreham Street and then wrap around onto Shoreham Street in the form of a three storey terrace with mansard above mirroring the form of the John Street elevation.

The mansard form would be broken approximately halfway down the Shoreham Street elevation by another flat roof four storey service core element, this mirroring the architectural characteristics of the John Street/Shoreham Street corner service core.

193 The proposal would be served by an area of external amenity space to the rear of the flats and car parking would be provided by an area of surface parking between the development and the Evolution Stand on John Street.

Specific materials for the development are not detailed in the application though the indicative drawings show predominantly red brick faced elevations with Western red Cedar board features to the service core towers and Rivendale slates or similar to the mansard roof. Feature brick detail would be apparent between storeys to add architectural detail.

Window frames would be in polyester powder coated aluminium.

Both secure cycle parking and bin storage areas would be located under the new access routes into the revised Kop Stand stairways.

RELEVANT PLANNING HISTORY

There is a wealth of planning history on the stadium site as a whole but the most recent significant applications since 2005 have been:

(05/02899/FUL) permission granted for the Westfield Health Stand (between the Bramall Lane Stand and the South Stand)

(07/01281/FUL) permission granted for the erection of the 8 storey hotel with associated access, parking and landscaping at the junction of Bramall Lane and Cherry Street.

(09/00602/FUL) Permission subject to Legal Agreement for extension to Kop Stand, alterations to Evolution Stand, erection of Business Enterprise Centre and associated infrastructure.

(09/02488/OUT) permission granted for extension to South Stand, additional car parking and public realm works.

Application 09/02488/OUT originally included a residential development on approximately the same footprint of the scheme under consideration in this application. However, the proposal consisted of 5/6 bedroom cluster units with communal facilities. Since this form of development was considered to breach the requirements of Policy CS41 (by introducing further shared housing into an area where such types exceeded 20% of housing tenure within a 200 metre radius) this element was withdrawn on Officer advice.

SUMMARY OF REPRESENTATIONS

There has been 5 letters of objection to the scheme including one from Cllr Rob Murphy and one from Cllr Mohammad Maroof

SUMMARY OF POINTS RAISED

194 Cllr R Murphy objects to the scheme on the grounds of it being an overdevelopment and having inadequate off street parking.

Cllr M Maroof objects to the scheme on the grounds of it being an overdevelopment and because of a loss of direct sunlight to terraces on John Street.

Other matters raised:

The proposal would:

– be overbearing on neighbouring dwellings – overshadow neighbouring dwellings – invade the privacy of neighbouring dwellings – create additional noise disturbance in the locality – result in an over concentration of student flats in the locality

The proposal should be for more family homes.

Other matters that have been raised that are not material planning considerations

– The development will increase the existing student population with associated poor behaviour and language. – The flats are not needed.

PLANNING ASSESSMENT

This is an outline application to consider matters of access, appearance, layout and scale with matters of landscaping reserved. The key issues to consider include the following: a) The principle of development b) Scale c) Layout d) Design and external appearance e) Accessibility f) Amenity h) Sustainability

Principle

The site for development is allocated as a Mixed Use Area in the Unitary Development Plan (UDP). UDP policies MU5, BE2, BE5, BE7, BE8 and BE9 are relevant.

Policy MU5 ‘Bramall Lane Mixed Use Area’ states:

In the Bramall Lane Mixed Use Area, the following uses will be preferred:

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Housing (C3)

Policy MU11 ‘Conditions on development in Mixed Use Areas’ states:

In Mixed Use Areas, new development or change of use will be permitted provided that it would:

preserve or create variety in the character of the neighbourhood and not result in any one use dominating and leading to the loss of the Area's character; and

not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions, including air pollution, noise, other nuisance or risk to health or safety; and

be well designed and of a scale and nature appropriate to the site; and be served adequately by transport facilities and provide safe access to the highway network and appropriate off-street parking;

Policy CS 23 ‘Locations for New Housing ‘ states:

New housing development will be concentrated where it would support urban regeneration and make efficient use of land and infrastructure. In the period 2008/09 to 2020/21, the main focus will be on suitable, sustainably located, sites within, or adjoining: a. the main urban area of Sheffield

Policy CS24 ‘Maximising the Use of Previously Developed Land for New Housing’ states:

‘Priority will be given to the development of previously developed sites…’

Policy CS 26 ‘Efficient Use of Housing Land and Accessibility’

Housing development will be required to make efficient use of land but the density of new developments should be in keeping with the character of the area and support the development of sustainable, balanced communities.

Subject to the character of the area being protected, densities will vary according to the accessibility of locations, with the highest densities in the City Centre and the lowest in rural areas. Density ranges for new housing development will vary, in decreasing order of intensity, according to whether a development is: a. within or near to the City Centre – at least 70 dwellings per hectare;

Policy CS41 ‘Creating Mixed Communities’ states:

196 Mixed communities will be promoted by encouraging development of housing to meet a range of housing needs including a mix of prices, sizes, types and tenures, and a. providing housing for a broad range of smaller households in the City Centre and other highly accessible locations where no more than half the new homes in larger developments should consist of a single house type; d. limiting new or conversions to hostels, purpose-built student accommodation and Houses in Multiple Occupation where the community is already imbalanced by a concentration of such uses or where the development would create imbalance.

The proposal is considered to satisfy Policies MU5, CS23, and CS24 since it would result in the efficient use of previously developed land, in a sustainable location within the main urban envelope, and introduce a the scheme that is the preferred use within the Mixed Use Area.

The density of the development equates to 208 dwellings per hectare and this satisfies the requirements of Policy CS26 in this regard. Average densities for the locality vary greatly but the average density of typical terraced houses would be approximately 80 dwellings per hectare whilst larger flat developments like Anchor Point would equate to approximately 160 dwellings per hectare. A more recent permission for a residential flat scheme at Denby Street introduced densities of approximately 400 units per hectare.

Since the development would result in a number of units below the 60 dwelling threshold referred to in Policy CS41(a) there is no requirement to introduce a variety of housing types within the scheme. Furthermore, since the scheme does not involve an element of shared or communal housing the scheme is not considered to be contrary to the aims of Policy CS41 (d)

Scale

Policy CS74 of the SDF Core Strategy advises that any new development should respect the topography of the City, views and vistas and the townscape and landscape character of the particular area.

The proposal is considered to be of an appropriate scale. On John Street the two storeys plus mansard accommodation replicates the height of established residential development on the north side of John Street and the ‘terraced’ form of the flats mirror the Victorian houses on the north side of the street.

The street scene at the junction of John Street/Shoreham Street opens out considerably and the carriageway of Shoreham Street is appreciably wider than that of John Street thereby permitting an increase in height of the development without an overbearing presence being created by the additional storey.

From the public domain the scheme would of course be viewed in the context of the football stand behind and whilst this is an unusual juxtaposition the scheme

197 would introduce an element into the built environment that would represent a significant improvement in visual amenity compared to the rather ‘random’ appearance of walls, turnstiles and advertising hoardings that currently line the back edge of footway.

In conclusion, it is considered that the proposed development is acceptable in terms of scale and massing at this location.

On this basis, the scale of development is considered to accord with the principles of Policy CS74 of the Core Strategy

Design, Layout and External Appearance

Policy BE5 of the Adopted Unitary Development Plan advises that good design and the use of good quality materials will be expected in all new buildings. Policy CS74 of the Core Strategy also advises that high-quality development will be expected, which would respect, take advantage of and enhance the distinctive features of the city, its districts and neighbourhoods.

It is considered that the proposal represents an appropriate architectural response to the prevailing residential character of the area. The scheme is, of course, of a more contemporary appearance than Victorian terraces it faces but nonetheless a human scale is retained and the building is acceptably detailed. The exact materials are not specified but there is a clear commitment to use facing and roofing materials that complement the surrounding built environment. Materials details should be required by condition. Fenestration patterns mirror the regular rhythm of existing terraced houses and although the service cores introduce a different element these are considered complementary and help to add interest to the overall appearance of the building.

The layout of the building is such that the living accommodation is single aspect (onto John Street and Shoreham Street) and essentially turns its back on the football stadium. Access corridors occupy the rear of the building and not only does this protect the future occupants from intrusion but it also provides a buffer between the football stadium activity and the habitable rooms.

The car parking does occupy a piece of road frontage and as such is not ideal but its scale is not so large as to create an unacceptable break in development to back edge of footway.

Amenity space is located to the rear of the building footprint and this is the sole location wherein some degree of privacy could be secured.

Subject to conditions requiring large scale details of principle features and details of materials, it is considered that the details of external appearance that form part of this outline application are acceptable in accordance with Policy BE5 and CS74

Highway Issues

Policy MU11 ‘Conditions on development in Mixed Use Areas’ states:

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In Mixed Use Areas, new development or change of use will be permitted provided that it would: f. be served adequately by transport facilities and provide safe access to the highway network and appropriate off-street parking;

Policy BE9 Design for Vehicles states:

New developments and refurbishments should provide a safe, efficient and environmentally acceptable site layout for all vehicles (including cycles) and pedestrians.

The scheme has one point of vehicular entrance/exit from John Street.

The access point to the proposed surface level parking is not considered to be a cause for concern with regard to highway safety.

The proposal includes provision for 15 of street spaces of which two are for the disabled. The level of off street parking therefore represents provision of one space per three/ four flats. This represents a shortfall when compared with parking guidelines for which the suggested provision would equate to one space per flat and an additional one space for every four flats for visitors (i.e. 65 spaces).

However this location is close to the City Centre and immediately adjacent frequently served public transport routes. In addition Government guidance indicates that only maximum parking standards should apply to such development.

It is acknowledged that the locality experiences difficulties with on street parking though the Highfield Residents Parking Scheme (8 a.m. to 6:30 p.m.) has recently been implemented and this should help alleviate on-street parking problems for residents in the locality of the ground.

The Applicant has been informed that no additional parking permits will be available to residents of this scheme, should it be granted permission, and a car free directive should be a requirement of any permission.

In order to further encourage use of sustainable public transport and thereby limit pressure for on street parking it is proposed to include a Travel Plan condition on any consent, which would require a package of measures to be in place to facilitate less car dependant living.

The Applicant has also committed to the support of sustainable forms of transport by agreeing to a contribution to funding increased/ enhanced cycle facilities in the locality of the Bramall Lane Roundabout.

Adequate covered and secure cycle parking will be provided to the rear of the flat block, under cover of the revised steps layout of the new Kop Stand.

199 In conclusion then, it is considered that subject to the above directive the proposal should have no adverse affect on highway safety or the amenities of the locality and satisfies MU11(f)

Accessibility/Mobility Housing

The applicant has confirmed that the scheme will meet mobility standards, as set out in the Council’s Supplementary Planning Guidance ‘Mobility Housing’.

However, full details of how this will be achieved have not been submitted, and will be required by condition

Residential Amenity

Policy MU11 ‘Conditions on development in Mixed Use Areas’ states:

In Mixed Use Areas, new development or change of use will be permitted provided that it would: b. not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions, including air pollution, noise, other nuisance or risk to health or safety

Policy H5 Flats, Bed-Sitters and Shared Housing states:

Planning permission will be granted for the creation of flats, bed-sitters and the multiple sharing of houses only if: b. living conditions would be satisfactory for occupants of the accommodation and for their immediate neighbours

Existing Residents

Overbearing

The nearest residential properties to the proposed development are the terraced dwellings on John Street and Shoreham Street.

Separation distance to the terraces on John Street would equate to 15.5 metres and to 20 metres to those on Shoreham Street. However, both these distances would be achieved across the public highway and would not differ significantly from numerous other examples of ‘facing’ terraced housing in the locality.

The Applicant was asked to submit a sun path analysis with the application. This indicates that some limited loss of direct sunlight may occur during the late morning and early afternoon of the winter months. However, such a marginal loss at that time of year is not considered sufficient reason upon which to base a refusal of permission.

Overlooking

200

It is considered that the separation distances to neighbouring dwellings across the public highway are commensurate with other separation distances between other groups of terraces in the locality. Hence, despite the additional elevation of flats at third and fourth floor levels it is not felt that unacceptable levels of overlooking would arise in this case.

In conclusion it is not considered that the proposal will introduce disamenity to nearby existing residential property and as such the proposal satisfies the requirements of Policy MU11(b).

Future occupants

The single aspect units are small in size and provide a basic minimum living space in terms of a single ‘living room’ and a bedroom with integral shower unit. In terms of outlook the units are well served with outlooks to John Street or Shoreham Street from both living and bedrooms.

Shoreham Street is a busy thoroughfare and generates a reasonable amount of vehicular noise. However, indications are that the site falls within Noise Category A/B and as such this can be easily overcome by technical solutions such as appropriate levels of glazing.

However, the principle source of noise is likely to be the disturbance caused by crowd noise during matches and pedestrian flows associated with football matches. Although it is not considered that this noise source would occur at a frequency so as to warrant a refusal of permission a condition seeking maximum allowable noise levels in the units should form part of any permission.

The proposal features an area of private amenity space to the rear of the flats that amounts to a total area of in excess of 400 square metres and this equates to more than 8 square metres per flat. This is considered acceptable for an urban flat scheme.

Privacy should be afforded the rear amenity space by virtue of perforated screening panels to the upstand walls of stadium circulation routes. The circulation routes and screens themselves should be softened by landscape elements to be determined at Reserved Matters stage.

Having considered these matters the proposal is considered to satisfy the requirements of Policy MU11(b)

Affordable Housing

Policy CS40 of the Sheffield Development Framework Core Strategy advises that in all parts of the City, developers of all new housing developments will be required to contribute to the provision of affordable housing, where it is practicable and financially viable. The supporting text to this policy advises that the requirement will be delivered through the companion policy within the City Policies document and a Supplementary Planning Document.

201

The Affordable Housing Interim Planning Guidance updated in June 2009 determines at Policy G1 that a contribution to affordable housing will be negotiated on sites with a capacity for 15 dwellings or more. Policy G2 clarifies that the target developers’ contribution will be equivalent to 30-40% of the units on site being transferred at the transfer price for the area (which is £1000 per square metre for the City Centre) and a target level of 30-40% is applied.

This application proposes 52 units and is therefore subject to a requirement for a contribution to affordable housing.

An independent assessment has been conducted by the District Valuation Office and after some negotiation it has been agreed that a commuted sum amounting to £111,000 would satisfy the requirements of Policy CS40. This will need to be secured by a legal agreement.

Sustainability

Policy CS65 of the Core Strategy, which relates to renewable energy and carbon reduction, applies to new buildings and requires all significant developments to secure the following, unless it can be shown not to be feasible or viable:

(i) Provide a minimum of 10% of the predicted energy needs from decentralised and renewable or low carbon energy AND (ii) Generate further renewable or low carbon energy or incorporate design measures sufficient to reduce the development's overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy required to satisfy (i).

Supporting evidence submitted with the application indicates that the proposal will be built to Code for Sustainable Homes Level 3 as a minimum which equates to a 25% reduction in carbon emissions.

With regard to the use of zero carbon technologies it is the intention to link the flat block to the proposed biomass boiler that is to be introduced as part of the upgraded Kop Stand.

The employment of energy saving measures in the building fabric and the use of the biomass boiler should enable the development to achieve both 27% of the flats needs through renewable energy and result in a 40% reduction in carbon emissions.

Sustainable Drainage and Flood Risk

202 The site lies with a Flood Zone 1 area and a sliver of the site lies within a Flood Zone 2 area.

As such the likelihood of significant flooding for the development is not great. However, a flood risk strategy has been submitted with the application indicating recommended minimum finished floor levels. The first floor is considered to represent a suitable refuge and a safe emergency route can be provided from the rear of the building onto Shoreham Street. However, measures beyond these are not considered necessary considering the low level of risk.

As a brownfield site with an existing surface water run-off, policy requires that this must be reduced by 30%. This reduction should be secured by condition. The supporting statement for underground drainage indicates that such a reduction can be achieved with attenuation being provided by underground tanks fitted with a discharge restricting device.

Site Contamination

Since the site is located on previously developed land it is considered prudent to add conditions requiring adequate assessment of potential risk to health arising from possible ground contamination.

Landscaping

Policy BE6 - Landscape Design states that good quality landscape design will be expected in new developments.

The development will not result in the loss of any significant green space or of trees of significant public value. Whilst landscape design is reserved for detail consideration the Applicant has provided indicative plans designating specific areas for planting within the curtilage.

These should include a significant planting adjacent the football stand exit routes to mask the football stadium infrastructure as much as possible from the rear amenity space of the proposal. The landscape scheme should also provide appropriate planting adjacent the boundary wall at back edge of footway in order to provide some softening of the development.

TV reception

Only if there is clear evidence that significant electromagnetic interference will arise, or will probably arise, will there generally be any justification for taking it into account in determining a planning application.

Where such problems are likely, planning permission may be granted subject to a condition that, before development commences, the developer will ensure that the quality of any reception affected by the development will be restored.

The Copthorne Hotel application and the applications for the proposed addition to the South Stand both included buildings of substantial scale where the height and

203 massing of the building might reasonably be expected to cause some television interference. It is not considered that a structure of the scale proposed here would have such an impact being only 3 /4 storeys in height

Open Space

Policy H16 requires the developer to make an appropriate contribution to the provision or enhancement of recreation space in the catchment area of the site. Provision of both formal and informal recreation space are well below minimum guidelines for the catchment area and therefore a contribution is sought.

The financial contribution for Open Space required for the development following the formula set out in Supplementary Planning Guidance is £26,780 and this will be secured by the submission of a legal agreement.

CONCLUSIONS

This is a proposal for a residential scheme consisting of 52 one bedroom flats. The scale and massing of the scheme and, subject to conditions, its detailing and use of materials are considered to respond well to the prevailing context of the existing built environment.

It is not felt that the proposal will result in disamenity to existing residents and it should provide an acceptable level of amenity to the future occupants. Off street car parking is limited but the highly sustainable location and the commitment to encourage more sustainable forms of transport are considered to outweigh the shortfalls when compared to parking guidelines.

The application includes a commitment to meet the sustainability objectives set out in Policies CS64 and CS65 of the Core Strategy, to achieve Code for Sustainable Homes Level 3 and a minimum of 10% of the predicted energy needs from decentralised and renewable or low carbon energy and a reduction in the development's overall predicted carbon dioxide emissions by 20%.

On this basis, the application is recommended for approval subject to conditions and subject to a legal agreement.

HEADS OF TERMS FOR LEGAL AGREEMENT

The Owner shall pay to the Council on or before the first occupation of the development the sum of £26,780 to be used within the relevant catchment areas of the application site, in accordance with Policy H16 of the adopted UDP and adopted SPG Open Space Provision in New Housing Development

204 The Owner shall pay to the Council on or before the first occupation of the development the sum of £111,000 to be used towards the provision of affordable housing within the city, in accordance with Policy CS40 of the Sheffield Development Framework Core Strategy and Affordable Housing Interim Planning Guidance 2009. The Owner shall pay to the Council on or before the first occupation of the development the sum of £2,600 to be used towards the expansion and/or upgrading of cycling facilities within the locality of the site.

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Case Number 10/00868/FUL

Application Type A Full Planning Application

Proposal Use of outbuildings as shop, cafe and workshops (Class B1) including erection of single-storey extension and provision of additional car parking

Location Buildings Adjacent Manor Oaks Cottages Manor Lane Sheffield S2 1UL

Date Received 23/03/2010

Team CITY CENTRE AND EAST

Applicant/Agent Brooke Architecture

Recommendation Grant Conditionally

Subject to:

1 The development must be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

In order to ensure an appropriate quality of development.

3 Food shall only be cooked on the premises by the use of the following cooking appliances; domestic cooker, microwaves, sandwich toasters and Bain Maries. No other type of equipment shall be used for the cooking of food without the prior approval of the Local Planning Authority.

In the interests of the amenities of the locality and occupiers of adjoining property.

206 4 A wheelchair accessible path shall be provided between the disabled parking spaces and the shop/café and toilets/workshop prior to the relevant building being brought into use. Details of the routing and gradient of each path shall be submitted to and approved by the Local Planning Authority before the construction of the path commences.

To ensure ease of access and facilities for disabled persons at all times.

5 The infills to the existing stone wall shall be in natural stone to match, unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the visual amenities of the locality.

6 The farm shop/café shall remain ancillary to the use of the site and the adjoining open space.

The retail and food and drink use is only justified on the basis that it is ancillary to the activities taking place on site including the cultivation of food in the adjoining open space, in accordance with the guidance in PPS 4.

7 Prior to the office use commencing, details of the design of a protective balustrade to the stone staircase shall be submitted to and approved by the Local Planning Authority.

In the interests of the visual amenities of the locality.

8 Prior to the extension being constructed details of the design, construction and maintenance of the green roof shall be submitted to and approved by the Local Planning Authority, thereafter the scheme shall be implemented in accordance with the approved details.

In the interests of the amenities of the locality.

9 The development must be carried out in complete accordance with the following approved documents;

6-08(L)011B, 015C, 017B, 016B, all as amended on 6/10

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

10 No development work, on the extension, including ground clearance and demolition work shall take place unless and until the developer, their agent

207 or their successor in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been submitted to and approved in writing by the Local Planning Authority.

Attention is drawn to the following justifications:

LR5 - Development in Open Space Areas S5 - Shop Developments outside the Central Shopping Area and District Centres CS47 - Safeguarding Open Space

The proposals are consistent with planning policy and will secure the re-use of some character buildings. The extension design is considered to be satisfactory and it will not have a harmful impact on the visual amenity of the area. The proposal should not have a significant impact on amenities of occupiers of the adjacent bungalows, and the existing parking provision is considered to be adequate. The scheme will secure further incremental regeneration of the site, more efficient use of land and buildings, and deliver community benefits.

Attention is drawn to the following directives:

1. Green / brown roof specifications must include drainage layers, growing medium type and depths (minimum 75mm, but depends on system and type employed) and plant schedules.It should be designed to retain at least 60% of the annual rainfall. A minimum of 2 maintenance visits per year will be required to remove unwanted species (as is the case with normal roofs). Assistance in green roof specification can be gained from the Sheffield Green Roof Forum - contact Officers in Environmental Planning in the first instance: 2734198 / 2734196. Alternatively visit www.livingroofs.org or see the Local Planning Authorities Green Roof Planning Guidance on the Council web site.

208

Site Location

210

LOCATION AND PROPOSAL

Manor Oaks comprises of a complex of former farm buildings that lie within a wider open space area which includes Manor Lodge. Many of the buildings were in a semi derelict condition and were occupied by quasi industrial uses. Manor and Castle Development Trust have been gradually restoring the better quality buildings and redeveloping some parts of the site. They use the site for offices and as a base for their land management activities. They have restored the former farm house to offices and erected two residential units for staff. They are currently developing some artist’s workshops and a warehouse for storing their agricultural machinery.

The Manor Oaks complex is separated from the surrounding open space by boundary walls, buildings and fencing. There is open space to the north, south and west and housing to the east. The current proposal is located on the western part of the site and consequently, the site is not prominent from Manor Lane.

The current application seeks permission to extend and change the use of two stone faced former agricultural buildings. One is single storey whilst the other is two storeys high. It is proposed to change the use of the ground floor of both buildings into a farm shop with connected café. The combined ground floor space is approximately 50 sqm. The shop is intended to sell produce mainly cultivated on the surrounding land and both the shop and café will be operated as part of a healthy eating programme being promoted by the Trust. The café and shop will only be open at limited times, and they are targeted at local people, visitors and staff working on the site. The first floor and roof space in the two storey building is to be used as offices for Green Estate; this occupies approximately 40 sqm. An extension is proposed to the rear of the shop/café (approx. 80 sqm). This will provide toilet facilities to serve the café and also a workshop area. The workshop is to provide covered space for preparing/cleaning the produce produced on site. The extension also provides bin storage and a utility/drying room to serve the two existing bungalows adjacent to the site. The extension is 11m deep to the rear of the shop, and 4.5m deep to the rear of the café, where it adjoins the bungalows. It is a contemporary design with a shallow curved green roof and will be faced in Siberian Larch cladding. Two walls will incorporate an existing stone wall.

SUMMARY OF REPRESENTATIONS

None received.

PLANNING ASSESSMENT

Policy Issues.

The application site lies in an Open Space policy area as identified in the Unitary Development Plan Proposals Map. Policy LR 5 states that development will not be permitted in open space areas where it contravenes certain criteria. The most relevant of these are;

211 - It would significantly detract from the green and open character of the green network. - It would harm the setting of a Listed Building or historic building. - It would harm the character or appearance of a public space.

Core Strategy policy CS 47 states that development of open space will not be permitted where;

- It would result in a quantitative shortage of open space. - It would result in the loss of open space that is of high quality or of heritage, landscape or ecological value. - People in the local area would be denied easy access to a local park or valued area of informal open space. - It would cause a break in the city’s Green Network.

Although this site is designated as open space, it does not function as open space. It forms part of a compound, which is separate from the adjoining open space and it has never been used as open space in the past. Within this compound the application site comprises of two existing buildings and the extension is located in an area that is partially contained by boundary walls remaining from buildings that once occupied the site. It is partially hard surfaced, and is being used for storage; part of the site is occupied by a metal storage container. Given the characteristics of the site, it is clear that the proposed development would not detract from the green and open character or cause a break in the Green Network. It would not result in the loss of open space, affect access to it, or result in a shortage of open space. Its affect on the appearance of the open space and setting of historic buildings is considered in the visual impact assessment below.

Unitary Development Plan Policy S5 states that retail development other than within or at the edge of the Central Shopping Area or District Shopping Centres will be permitted were it is for a small shop of not more than 280 sqm sales area. The application proposal meets this policy, but the policy is now out of date and has been superseded by Planning Policy Statement 4, (PPS 4) ‘Planning for Sustainable Economic Growth’. This seeks to promote shopping, restaurants/cafes and office uses within existing town centres. However the policy statement says that offices which are ancillary to other development should not have to be located in a town centre. This applies to the ancillary offices proposed. The applicants have also made it clear that the retail use is connected with the site in that the shop will largely sell items cultivated on the surrounding land. It is likely to be a low key retail activity and the shop will be open by appointment and when other activities are taking place on the site. It is likely to be staffed by Manor and Castle Green Estate staff that will be carrying out other duties on the site. It is a ‘not for profit’ enterprise, which would be unable to operate at a commercial rent within an existing centre. It is to be partially funded by healthy eating charities and is targeted specifically at local people and schools, rather than the general public. The café is to be operated on similar lines and is also part of the Green Estates healthy eating programme. It is intended to serve visitors to the site and as a facility for staff working on site. The scale of the operation means it is unlikely to have a significant impact on existing centres. It should also be noted that PPS 4 encourages farm shops, which are intended to meet demand for local produce in a

212 sustainable way. Given this evidence and the fact that the shop/café is largely ancillary to the overall use of the site, there is considered to be a good case for permitting this retail/cafe use outside of an existing centre.

The workshop use is also small scale and ancillary to the cultivation activities taking place in the wider open space area.

Design Issues.

The application site is not prominent from Manor Lane and the development will mainly be visible from Cows Gennel footpath that runs along the southern boundary of the Manor Oaks site, and also in longer distance views from the higher parts of the wider open space area to the south.

The existing former agricultural storage buildings are visually pleasing and contribute positively to the character of the area. They are faced in random stone and have pitched slate roofs and timber windows and doors. There is an existing folding timber door that will provide access to the shop and café. The only alterations proposed to these buildings are a new brick chimney and two light tubes to the rear roof slope of the two storey building, and a protective balustrade to some stone steps. These works will not have a significant visual impact.

The proposed workshop, toilet and bin store extension is of a contemporary design and clearly distinct from the early farm buildings. It is mainly faced in cedar cladding, but also incorporates a significant area of stone walling from a previous building on the site. The curved roof contrasts with the angular pitched roofs of the existing buildings and there is a high level clerestory window on the south west facing rear elevation.

The contemporary design approach is considered to be acceptable and will draw a clear distinction between the old and the new. The cedar boarding, natural stone, and green roof, will match the material finishes approved for the artist workshop development on a different part of the same site. Incorporating an old stone wall into the design will add character and interest. Since the original scheme was submitted, the height and scale of the extension has been reduced and it now sits more comfortably with the existing buildings. Only the rear elevation contains window openings; however the proposed use does not lend itself to significant glazed areas. The extension will be most prominent from Cows Gennel. However, it abuts existing buildings and so will be viewed as part of the complex of buildings on the site. It is lower than some of the immediately adjacent buildings and has a smaller footprint than other buildings permitted on the site. As a consequence it will not appear out of scale or intrusive from the adjoining open space. It is concluded that it will not detract from the appearance of the surrounding public space or the setting of historic buildings.

Amenity Issues.

As originally submitted, the extension was 11m deep for its full width and up to 5.5m high on the boundary with an existing bungalow within the same site. This would have had a significant impact on residential amenity. Following discussions,

213 the extension has been cut back to 4.5m deep and reduced to 3.5m high where it adjoins the bungalow. Extensions are normally allowed up to 3m deep on the common boundary with residential properties. In this case there is 1.5m separation between the bungalow boundary and the extension. Given this, it is considered that the extension now proposed would not have a significantly harmful impact on residential amenity.

The workshop is for light industrial purposes, (class B1). By definition, a B1 use should be able to operate in any residential area without harming residential amenity. It is intended to be used as a covered area for potting plants and cleaning produce, which clearly falls within this definition.

As described above the café is a low key use that will not be operating at all times. They intend to install a domestic cooker and microwave. Given this it should not impact significantly on the amenities of the adjacent residential occupiers and this will be serviced by means of a condition.

Access Issues.

There is an existing 34 space car park that serves the site as a whole. Two additional disabled parking spaces are proposed adjacent to the site. Given the low key nature of the use, and that there appears to be some spare capacity within the existing car park, there are no significant concerns regarding parking.

The applicants are proposing a resin bound path between the car park and the paved area adjacent to the entrance. The existing door opening to the shop is wide enough to accommodate wheelchairs and there is a level floor in the shop and café. The new toilets will include a toilet accessible for disabled people. There are a few details relating to disabled access that need resolving but these can be controlled by condition.

Archaeology.

Desk top information on the archaeological potential of this site is available to the South Yorkshire Archaeological Service. This indicates that the previous buildings on this part of the site date from the 19th and 20th centuries. However the Manor Oaks site is an important one and it is possible that earlier buried features survive from the 17th century. The proposed condition will ensure the ground works for the extension can be archaeologically monitored.

SUMMARY AND RECOMMENDATION

The proposals are consistent with planning policy and will secure the re-use of some character buildings. The extension design is considered to be satisfactory and it will not have a harmful impact on the visual amenity of the area. The proposal should not have a significant impact on amenities of occupiers of the adjacent bungalows and the existing parking provision is considered to be adequate. The scheme will secure further incremental regeneration of the site, more efficient use of land and buildings, and deliver community benefits. It is therefore recommended that planning permission be granted.

214

Case Number 09/03967/CHU

Application Type Planning Application for Change of Use

Proposal Continuation of use of office building as a cafe (Class A3) (retrospective application)

Location Dore Moor Coffee Shop Dore Moor Nursery Brickhouse Lane Sheffield S17 3DQ

Date Received 23/12/2009

Team SOUTH

Applicant/Agent ABA Architecture

Recommendation Grant Conditionally

Subject to:

1 The development must be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 The cafe shall be used for the above-mentioned purpose only between 0800 hours and 1800 hours Mondays to Saturdays and 1000 hours and 1600 hours on Sundays and Bank Holidays.

In the interests of the amenities of the locality.

3 The seating capacity of the café within the building shall be restricted to accommodate no more than 40 persons.

In the interests of the amenities of the locality and, to ensure that the development does not have a detrimental impact on other retail district centres.

4 Notwithstanding the terms of the Town and Country Planning (Use Classes) Order 1987, or any statutory instrument revoking and re-enacting that Order,

215 the premises shall be used solely for the use hereby permitted and shall not be used for any other purpose within Class A3.

In the interests of the amenities of the locality and, to ensure that the development does not have a detrimental impact on other retail district centres.

5 No goods or materials of any description shall be stored or displayed wholly or partly outside the cafe within the site of the development.

In the interests of the visual amenities of the locality and, to retain the open character of the Green Belt.

6 Within 28 days of permission being granted, full details of suitable inclusive access and facilities for disabled people, both to and into the building and within the curtilage of the site, shall have been submitted to and approved in writing by the Local Planning Authority. And subsequently, within a period of 3 months from the date of this approval (unless otherwise agreed in writing by the Local Planning Authority), the approved inclusive access facilities shall be implemented on site, and thereafter retained for the sole purpose intended.

To ensure ease of access and facilities for disabled persons at all times.

In the interests of the amenities of the locality and occupiers of adjoining property.

8 No deliveries to the building shall be carried out between the hours of 2000 hours to 0800 hours the following day Mondays to Saturdays and 1800 hours to 1000 hours the following day on Sundays and Bank Holidays.

In the interests of the amenities of the locality.

9 No movement, sorting or removal of waste bottles, materials or other articles, nor movement of skips or bins shall be carried on outside the building within the site of the development between 2000 hours and 0800 hours the following day Mondays to Saturdays and between 1800 hours and 1000 hours the following day on Sundays and Bank Holidays.

216

In the interests of the amenities of the locality.

10 No amplified sound or live music shall be played either within or without the premises nor shall loudspeakers be fixed at any time outside the building.

In the interests of the amenities of the locality and occupiers of adjoining property.

11 Unless otherwise agreed in writing by the Local Planning Authority, no enlargement, extension or other alteration that could lead to an increased floor area of the café shall be carried out to the premises.

In order to protect the open character of the Green Belt and, to ensure that the development does not have a detrimental impact on other retail district centres.

12 Within 28 days of permission being granted, full details of the proposed refuse storage facilities to be provided to serve the café shall have been submitted to and approved in writing by the Local Planning Authority. And subsequently, within a period of 3 months from the date of this approval (unless otherwise agreed in writing by the Local Planning Authority), the approved refuse details/facilities shall be implemented on site, and thereafter retained for the sole purpose intended.

In the interests of visual amenities of the area and to ensure that proper provision for refuse is made.

13 Provision of external tables and chairs outside the building, for use by customers shall be limited to a maximum of 4 tables and 16 chairs at any one time.

In the interests of the amenities of the locality and, to ensure that the development does not have a detrimental impact upon other retail district centres.

Attention is drawn to the following justifications:

GE4 - Development and the Green Belt Environment GE9 - Re-use and Adaptation of Rural Buildings CS71 - Protecting the Green Belt

217 CS74 - Design Principles Sheffield

Overall it is considered that the development complies with the relevant policies and proposals in the development plan, and would not give rise to any unacceptable consequences to the environment, community or other public interests of acknowledged importance.

Attention is drawn to the following directives:

1. From the 6th April 2008, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 2008 require that all requests for confirmation of compliance with planning conditions require a fee payable to the Local Planning Authority. An application to the Local Planning Authority will be required using the new national standard application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

218 Site Location

219

LOCATION AND PROPOSAL

Members will recall that this application was deferred from the Area Planning Committee of 21 June 2010 to allow a Members site visit to take place.

This application relates to an existing café business operating as the Dore Moor Coffee Shop which is located immediately adjacent to the Dore Moor garden centre nursery business on Brickhouse Lane in the Dore area of Sheffield. The site is also located in the Green Belt as allocated in the Unitary Development Plan.

The applicant is seeking consent to regularise permission for the coffee shop business which has been in operation for more than 3 years.

The café business operates from a single-storey brick-built structure located adjacent to the Dore Moor Nursery garden centre. Both the garden centre and the café business along with a substantial shared car parking area are accessed off Brickhouse Lane.

Although technically unauthorised (see below), the existing café business has been operating for the past 3 years between the times of 9:30am and 4:00pm Tuesdays to Saturdays, but, as a result of this application and, in order to give the applicant more flexibility, the applicant proposes to operate the café business between the times of 8:00am and 6:00pm Mondays to Saturdays and 10:00am to 4:00pm on Sundays and Bank Holidays. It is felt that these times relate better to the operational times of the garden centre business and should ensure that the café

220 use remains as a daytime business (rather than becoming a late night café/restaurant business).

The cooking facilities within the café are domestic and low-key in nature i.e. a small cooker, a microwave, two toasters, a coffee-making machine, fridges and freezers, and therefore to a great extent, the limited range of cooking equipment determines the range and scale of foods and drinks sold at the café. The café’s menu shows a fairly limited and simple range of food products which incorporates some hot as well as cold food. The limited range of hot foods include:- cooked breakfasts, soups, jacket potatoes and toasties.

The café business employs 4 part-time members of staff. The café has approximately 11 tables and is capable of accommodating up to approximately 40 customers.

BACKGROUND INFORMATION

Planning permission (reference no. 06/01242/CHU) was previously granted in August 2006 for use of the building (which had formerly been used as offices in connection with the adjacent garden centre business) as an ancillary café in connection with the garden centre business. It later emerged that the café was not in fact operating as an ancillary café as it should have been (in connection with the garden centre business) and, subsequently therefore, it was operating outside the terms of the permission. It was for this reason that applicant was asked to submit this application.

Although many visitors of the garden centre use the café (and vice-versa), the café is operating independently to the garden centre business with some variations in operating times between the two businesses. The freeholder of the whole site (café and garden centre) is the same but the leaseholders/operators of the two businesses are different. Unlike most ancillary cafes within garden centres, visitors do not have to access the café through the garden centre, and equally the garden centre cannot be accessed from the café.

This planning application has been submitted by the freeholder of the whole site.

RELEVANT PLANNING HISTORY

06/01242/CHU - this was an application for use of an existing garden centre building (formerly used as offices in connection with the garden centre business) as an ancillary café in connection with the garden centre business. The proposal also included some alterations to the windows of the building and the provision of a disabled access ramp. This application was conditionally approved under delegated powers on the 7th of August 2006.

SUMMARY OF REPRESENTATIONS

In response to the neighbour notification process for this application, three separate letters of representation have been received, 2 of the letters are from the

221 operator/leaseholder of the garden centre business and 1 letter is from one of the co-owners of the whole site. All three letters of representation raise objections to the proposal. Some of the matters raised as an objection relate to civil/legal matters and therefore, can only really be resolved through separate legal processes. The planning-related objections that have been raised have been summarised and are listed below:-

- When the original planning permission was granted, the disabled access ramp was approved in a different position to where it has actually been located. The amended position of the disabled access ramp is sited such that it blocks a right of way that previously existed into the garden centre business.

- The closing/blocking off of one of the main access gates into the garden centre by the re-siting of the disabled access ramp into the café (which is unlawful) has meant that there has been a serious and detrimental impact on the garden centre because this has meant that the goods entrance into the garden centre has had to be re-located.

- The disabled access ramp appears visually prominent and out of proportion with the surrounding buildings.

- Any café business operating as a separate planning unit to the garden centre business will have a detrimental impact on any future plans of the garden centre to introduce its own ancillary café.

- When the original planning permission was granted, it was granted on the basis that the café was an ancillary element to the garden centre business. The café has never operated as an ancillary element of the garden centre business, and therefore, the previously approved planning permission has never been implemented, which in turn means that the use of the existing building as a café is unlawful.

PLANNING ASSESSMENT

Policy Issues

The application site is located within the Green Belt. Policy GE9 is applicable and relates to the re-use and adaptation of rural/existing buildings particularly to help the diversification of the rural economy, where existing buildings can be converted without significant alteration, extension or structural rebuilding amongst other things.

Policy GE4 is also applicable and seeks to ensure that the scale and character of development in the Green Belt is in keeping with the area.

Cafes are generally felt to be town/retail centre uses and PPS4 would normally require a sequential approach to be carried out. However, this café is a small-scale unit relative to the garden centre business and, it is felt that most people would be unlikely to go to the café premises were it not for the presence of the garden centre

222 business (to some extent, the two uses over the past three years have complimented each other). PPS4 in general supports the proposal for a café: - Policy EC6.2 says that in rural areas, such as this, local planning authorities should support the re-use of existing buildings in the countryside (particularly those adjacent to or closely related to towns or villages) for economic development, however, local planning authorities should also set out the permissible scale of buildings, thereby preventing them from expanding and becoming an out-of-centre destination(s) in its own right.

The building that is the subject of this application is already present and will not change physically. In the spirit of PPS4 it is felt appropriate to impose further planning conditions which seek to prevent any further expansion of the café business (both, in terms of floor area and/or significant increased hours of operation).

It is also worth bearing in mind that the principle of using the building as a café (albeit on the basis that café would be ancillary to the garden centre) has already been agreed/approved in the past. The building has already been in operation as a café for approximately the last 3 years and the site as a whole is well served by a large existing car park and therefore, it is therefore difficult to argue that the proposal will cause any material harm to the Green Belt. In this regard, it is felt that the proposal accords with policies GE4 and GE9 of the Sheffield Unitary Development Plan.

Amenity Issues

With the exception of the Dore Moor public house (which is approximately 60 metres away) on the other side of Hathersage Road, the nearest residential properties to the café are approximately 120 metres away on Newfield Lane, and therefore, in terms of noise, odour and traffic disturbance, it is felt that the proposal is unlikely to affect the residential amenities of any local residents.

Officers from the Council’s Environmental Protection Service have no objections to this proposal.

Highway Issues

The proposal does not raise any highway safety issues. It is considered that there is adequate off-street car parking provision to cater for the parking demands of both the garden centre and the café.

Disability & Access Issues

The submitted details make no specific reference to suitable mobility/disabled persons parking spaces and therefore, it may be appropriate for a planning condition to be imposed requiring all of the disabled facilities (i.e. parking, toilets and ramp details) to be submitted and approved to the satisfaction of the Local Planning Authority. On balance, it is considered that the applicant has taken reasonable steps to promote inclusive access.

223 RESPONSE TO REPRESENTATIONS

Whilst there is a dispute between the operator of the café business and the garden centre business with regard to the disabled access ramp blocking off a right of way into and out of the garden centre, that is felt to be a legal dispute which would need to be addressed by the two parties and not through the planning process. The location of the ramp causing the objection, is as approved by the 2006 permission (as a subsequent amendment).

SUMMARY AND RECOMMENDATION

It is considered that the continued use of the building as a separate café (independent from the garden centre business) is unlikely on balance to conflict with Green Belt and Development Plan Policies and, is unlikely to affect the residential amenities of local residents.

In order to prevent the cafe business from expanding any further and becoming an attraction to visitors in its own right (which would be contrary to PPS4), it is felt appropriate to impose a relevant planning condition preventing any further increase in gross floor area of the café and restrictions to the opening days/times to ensure that the café remains a low-key day time facility.

The proposal does not conflict with the character, appearance or openness of the Green Belt. The new use would co-exist with the existing commercial use on site. Its nature and distance from residential properties mean that significant amenity issues would not arise. The scheme can be adequately catered for by existing on site parking arrangements. It is concluded that the scheme is compliant with Policies GE4 and GE9 of the Sheffield Unitary Development Plan.

Recommendation: Grant Conditionally

224

Case Number 09/03455/FUL

Application Type A Full Planning Application

Proposal Use of land for open storage of cranes, erection of 2 tower cranes on site (62 metres and 50 metres high) and erection of ancillary blocks with car parking including office, welfare and workshop facilities (part retrospective)

Location 1 Grange Mill Lane Sheffield S9 1HW

Date Received 04/11/2009

Team CITY CENTRE AND EAST

Applicant/Agent BJB Construction Ltd

Recommendation Grant Conditionally

Subject to:

1 The development must be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 Notwithstanding the two tower cranes hereby approved on site and shown on the approved plans, the height of the any other equipment stored in Storage Area 1 and 2 on the plans hereby approved, shall not exceed 15 metres unless otherwise approved in writing by the Local Planning Authority.

In the interests of the visual amenities of the locality.

3 The height of any equipment that is to be stored in Storage Area 3 on the plans hereby approved, shall not exceed 5 metres unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the visual amenities of the locality.

225 4 Within three months of the date of this permission, a landscape scheme for the land situated in between the site’s existing low level boundary wall and the 3m high palisade fence (approved under planning application 09/02835/FUL) shall have been submitted to and approved in writing by the Local Planning Authority.

The works shall be implemented in accordance with the approved details prior to the end of the first planting season following approval or an alternative timescale to be first agreed with the Local Planning Authority. Thereafter the landscaped areas shall be retained and they shall be cultivated and maintained for a period of 5 years from the date of implementation and any plant failures within that five year period shall be replaced unless otherwise approved by the Local Planning Authority.

In the interests of the visual amenities of the locality.

5 The site shall not be used for the above mentioned purpose on any Sunday or any Public Holiday and shall be used for such purpose only between 0700 hours and 1800 hours on any other day, unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality and occupiers of nearby properties.

6 No building shall be located over or within 3.0 metres either side of the centre line of the sewers which cross the site, unless otherwise agreed in writing by the Local Planning Authority.

In order to allow sufficient access for maintenance and repair works at all times.

7 The site shall be developed with separate systems of drainage for foul and surface water on and off site.

In the interests of satisfactory and sustainable drainage.

8 No piped discharge of surface water from the application site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved by the Local Planning Authority before development is commenced.

In the interests of satisfactory drainage to ensure that the site is properly drained and surface water is not discharged to the foul sewerage system which will prevent overloading.

226 9 Surface water from vehicle parking and hardstanding areas shall be passed through an interceptor of adequate capacity prior to discharge. Roof drainage shall not be passed through any interceptor.

In the interests of satisfactory drainage.

10 Within 2 months of the date of this permission details of the improvements (which expression shall include traffic control, pedestrian and cycle safety measures) to the highways listed below shall have either;

a) been carried out; or b) details have been submitted to and approved by the Local Planning Authority of arrangements which have been entered into which will secure that such improvement works will be carried out within a timescale to be agreed in writing by the Local Planning Authority.

Highway Improvements:

1. Works to the junction of the main vehicle entrance adjacent to the Royal Oak Public House on Blackburn Road, including extending the footway on the south east of the access and narrowing the vehicular access width to comply with Sheffield City Council Specifications and any necessary ancillary works.

To enable the above-mentioned highways to accommodate the increase in traffic, which, in the opinion of the Local Planning Authority, will be generated by the development.

11 Prior to the improvement works indicated in the preceding condition being carried out, full details of these improvement works shall have been submitted to and approved in writing by the Local Planning Authority.

In the interests of traffic safety and the amenities of the locality.

12 There shall be no lighting installed on the application site unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality and occupiers of nearby properties.

13 The development must be carried out in complete accordance with the following approved documents:

1. New Site Grange Mill Lane, Drg. No. 2907-01 Rev. A 2. Proposed Site Plan, Drg. No. 0001 Rev. A

227 3. Proposed Workshop Plan/Elevation, Drg. No. 0002 4. Proposed Workshop Elevations, Drg. No. 0003 5. Proposed Office and Amenity Block Elevations and Plans, Drg. No. 0004

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

UDP Policy IB5 Development in General Industry Areas UDP Policy IB9 Conditions on Development in Industry and Business Areas

Core Strategy Policy CS 64 Climate Change, Resources and Sustainable Design Core Strategy Policy CS 65 Renewable energy and Carbon Reduction Core Strategy Policy CS 67 Flood Risk Management

The development will have a visual impact on the existing landscape. However, the site is located within and viewed as part of one of Sheffield’s general industrial areas where external storage is allowed. There are precedents of similar uses which have been permitted along Grange Mill Lane in the recent past.

The proposal will not lead to a significant reduction in the quality of the living environment for nearby residential properties as there is a sufficient distance (including across the M1 motorway) to ensure that residential amenity will not be prejudiced by the cranes or the storage areas.

It is also concluded that he equipment, buildings, and tower cranes will not be overbearing, over-dominant or cause noise disturbance to residents.

The Applicant has sufficiently addressed the issue of flood risk but surface water run-off will not be restricted due to the fact that no new or replacement hardstanding is proposed on site.

There are no significant highway issues generated by the proposal.

With regard to sustainability it concluded that it would be neither viable nor feasible to achieve high quality sustainability features as part of this application.

Overall, it is concluded that the proposed development is acceptable in this part of the City’s industrial land allocation where external storage is highlighted in the UDP as an appropriate use in this area.

228

229 Site Location

230

231 LOCATION AND PROPOSAL

The application site comprises of land which is situated on the south side of Grange Mill Lane in the Blackburn area of the city. The site is approximately 2.7ha in size and until 2009 it was controlled by Extec who occupied the office buildings and large industrial units that previously existed on the site. Following the sale of the land, these buildings were demolished by the new owner towards the end of 2009. What now remains is a level platform of impermeable hardstanding.

The site is bounded by Grange Mill Lane to its northern edge; light industrial works and a public house (The Royal Oak) and a very tall chimney structure to the south- east; Blackburn Brook and a railway line run along the south-western boundary.

Located immediately adjacent to the north-west of the application site, and within the control of the applicant, is an area of flat grassland which is historically used as a sports ground and recreation area. Further to the north-west on the Grange Mill Lane corridor there are general industrial, storage and distribution uses (including open storage).

The application site is located at the bottom of the Blackburn Valley. The M1 motorway is situated to its immediate north and is positioned at a higher level to Grange Mill Lane. Junction 34 is close-by. Beyond the motorway, the land rises steeply in a northernly direction and includes the residential area of Blackburn, which is located in Rotherham.

Woolley Wood is positioned the south-eastern side of the Blackburn Valley, approximately 130m from the application site. This area is designated as an Area of Natural History Interest.

This application proposes to change the use of the site to allow the open storage of tower cranes and associated equipment. There are three main storage areas proposed on the site that are separated by vehicle circulation routes. It is proposed to store the crane parts 3 sections high to a maximum height of 13.5m. In order to move the crane parts around the site, it is proposed to permanently erect two large tower cranes in the middle of the site. The cranes are 62m and 50m with horizontal jibs measuring 70m and 55m, respectively. Finally, it is proposed to erect three ancillary buildings with car parking provision (20 spaces, including 2 disabled spaces) adjacent to the Grange Mill Lane frontage of the site, which include:

1) a small office block (Portakabin style, measuring 9.6m long x 9m deep x 2.9m high); 2) an amenity block (Portakabin style, measuring 9.8m long x 2.9m deep x 2.9m high); and 3) a workshop (metal clad, measuring 40m long x 24m deep x 8.5m high).

It is advised that the workshop building will be used for repair and some training exercises for staff. A crane cab may be also installed inside the building for the training element.

232 The occupier of the site (HTC Cranes Ltd) also occupies another site further to the north-west on Grange Mill Lane. Due to a combination of recent company expansion and the current downturn in the building industry it has resulted in a greater requirement for them to store cranes rather than them being erected on construction sites. Therefore, it has been necessary for HTC to find a further site to locate its tower cranes and hoist apparatus, within close proximity of its existing depot and administrative base, hence this application.

Members are advised that some of the cranes are currently being stored on the site in the manner proposed and that approval of this application will regularise the planning situation.

RELEVANT PLANNING HISTORY

The planning history for development approved on Grange Mill Lane during the recent past (i.e. since 1980) is industrial/commercial in character and includes B1, B2 and B8 uses.

The following planning applications are considered to be most relevant to this application:

In October 2008, a planning application to use the eastern part of the site for Use Class B8 purposes was approved by the Council. Internal and external storage was allowed. The stored materials comprised drainage materials including ducting, water pipe and building supplies for civil engineering works (App. Ref. 08/03890/CHU).

In November 2009, a planning application to erect a new boundary fence around the site (3 – 3.5m high) and the widening of the vehicular access to the north-west end of the site was approved by the Council (App. Ref. 09/03455/FUL).

Finally in 2003 a proposal to erect a spray workshop, office block, security lodge, two cranes and carry out alterations to buildings was approved by the Council on a site situated approximately 800m away from the current application site, further to the north-west on Grange Mill Lane. The proposed cranes measured 65m and 50m high. The application was approved in June 2003 and remains occupied by the HTC Cranes – with the cranes still in situ (App. Ref. 03/00096/FUL)

SUMMARY OF REPRESENTATIONS

The application has been advertised by site notice, neighbour notification letter and site notice display.

Officers considered it necessary to consult a large proportion of the residential properties that are located on the east side of the valley. These properties are within Rotherham and overlook the M1 motorway and the application site. Therefore, additional letters of consultation were sent and site notices posted in the Blackburn area to make residents aware of the application.

233 A total of 12 letters of objection have been received, including one letter signed by the residents of three properties on Whitley View Road and 2 letters are from the same objector. A petition has also been received and contains 80 names.

In summary, the main objections to this application relate to the erection of the 62m and 50m high cranes on the site. The reasons for this include:

1. Visual Amenity

- The large cranes will have a negative impact on the visual amenities in this area. - The surrounding landscape is green, natural and pleasant. The two man- made cranes will not suit or benefit this area. - The cranes will be a huge eyesore and have a visually overbearing impact.

2. Privacy

- For some residents the erection of two elevated cranes would result in an invasion of privacy as it may be possible for crane operators to overlook the first floor windows of all nearby properties. - Bright lights from the site are currently shining from the site into residents’ windows and make it very difficult to sleep.

3. Highway Disruption

- The extra traffic that this application would create would definitely have a negative impact on the local community. Grange Mill Lane is already in need of repair and therefore additional traffic and the extra weight would further ruin the surface of the road.

4. Noise Pollution

- Residents who already live close to the two existing cranes further up Grange Mill Lane have expressed concerns about the volume of noise that the cranes generate. The noise from this site can be heard through UPVC windows. - The noise generated from the surrounding industrial developments is increasing to intolerable levels already, even without this proposed application.

5. Industrial Area

- Although the proposed site is of an industrial nature, the residential homes that would be affected around it are of a far greater quantity than any of the local industrial buildings.

6. Impact on Views

- The cranes would completely destroy local residents’ views across the valley.

234

7. House Prices

- The cranes would have a serious effect on house prices within the area.

Rotherham MBC has been consulted and has raised no objection to the proposed development.

PLANNING ASSESSMENT

Policy Issues

The application site is located in a General Industry Area with Special Industries in the adopted Sheffield Unitary Development Plan (UDP).

UDP Policy IB5 relates to “Development In General Industry Areas” and states that in these areas general industry uses (B2) and warehouses (B8, excluding open storage) are the preferred uses. Additionally, in General Industry Areas shown as “A” on the proposals map (as the application site is) open storage (B8) and scrapyards are deemed acceptable. Office use (B1), if ancillary to the main business, is also considered to be acceptable.

The external storage of crane parts is the main intended purpose of this site and the proposed tower cranes and buildings (workshop/offices) are being required to support this use. It is considered that this storage proposal is an appropriate use for the area in land-use terms as it complies with relevant UDP Policy IB5.

Visual Amenity Issues

UDP Policy IB9 relates to “Conditions on Development in Industry and Business Areas” and aims to ensure that proposed uses do not prejudice the quality of an area. In particular, part (c) of the policy states that new development should be well designed with buildings and storage of a scale and nature that is appropriate to the site.

The submitted plans show that the storage area for the cranes will be broken down into three areas that are divided by vehicle circulation routes. The crane sections are stored in three sections to a maximum height of 13.5 metres and these are proposed to be located in two areas in the middle of the site, away from the northern boundary. It is proposed to locate the operating cabins, which have to be stored horizontally on the ground, in the third and smallest area for storage that is located adjacent to Grange Mill Lane.

Given the amount of storage proposed, the height and colour finish of the cranes (bright red) as well as the site’s proximity next to Grange Mill Lane and the M1 motorway, it is acknowledged that the proposed external storage will have a visual impact. However, it must be recognised that the site is located within and viewed as part of one of Sheffield’s existing general industrial areas that is adjacent to the M1 motorway where external storage is not considered to be an environmental

235 issue and is deemed acceptable under UDP Policy IB5. The storage replaces the industrial buildings and external storage area that previously occupied the site.

The most prominent features on the site will be the 2 tower cranes that are proposed to be erected at 62m high and 50m high. These cranes are also most likely to have a bright red colour finish as this is HTC’s company colours. Due to their proposed height, the cranes will be very prominent on approach from both carriageways of the M1 motorway and surrounding roads and also will be seen from the surrounding housing in Blackburn (Rotherham), which is situated at a higher land level to the north east of the site and at a lower level to the north west.

The application site is part of Sheffield’s industrial environment and it is located at the base of a valley relative to its surroundings. The context of land-use on the Sheffield side is generally low quality and/or derelict sites and it is in this context that the proposal must be considered. The visual amenity concerns of objectors are noted but, unfortunately, an individual’s right to a view is not a material planning consideration and therefore it can have no influence in the outcome of this decision. Nevertheless, it is considered that the presence of the woodland to the south of the site will go some way to softening the impact of the development for the overlooking properties.

The proposed buildings are simple structures comprising very limited architectural detail and they are not particularly attractive. However, it is accepted that the form of the buildings follows their function and it is understood that a high quality and architecturally eye-catching building is not required and would look out of place alongside the industrial factories and warehouses in this area. Therefore, in this context it is considered that the appearance of the offices is acceptable.

Finally, it is considered that there are strong precedents for similar development along Grange Mill Lane which further supports the principle of the proposal, in visual terms, at this site. This includes the allowance of large industrial units and warehouses (94/01771/FUL), cranes on a site 800m further north of the site in 2003 (App. Ref. 03/00096/FUL) and acceptance of a large area of external storage on the application site in 2008 (App. Ref. 08/03890.CHU).

In light of the above, it is concluded that the proposed development is appropriate in visual amenity terms at this site and is consistent with the requirements of UDP Policy IB9 (c).

Residential Amenity Issues

Part (b) of UDP Policy IB9 states that new development or change of use within industrial areas should “…not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions…”.

The majority of the objections received are from local residents in Blackburn (Rotherham) who are concerned about the impact of the development on their residential amenity, in particular the impact of the tower cranes that are proposed to be erected in the middle of the site.

236 The distance between the south-eastern boundary of the application site and the front elevation of the nearest properties on Droppingwell Road, which is situated on the rising valley side to the north-east, is approximately 175m. To the centre of the site close to where the cranes would be positioned this distance increases to over 300m. With regard to the properties on Kirkstead Road, the nearest sensitive property is positioned approximately 145m away from the application site’s most north-west entrance onto Grange Mill Lane. The nearest overlooking properties on Baring Road are approximately 200m away from this entrance.

It is believed the proposed development will not have a significantly detrimental impact on the living conditions of the residents that live nearby. Whilst their objections are noted, it is considered that there is a sufficient distance across the M1 motorway to ensure that their residential amenity is not compromised by the cranes or storage areas. It is acknowledged that the cranes will be visible from these properties but it is considered that they would be neither overbearing nor over-dominant due to the distance that exists between the various properties.

With regard to the overlooking issues raised, it is considered unlikely that a crane operator will be able to see into the rooms or gardens surrounding properties when carrying out their work. It is considered that the distance between the cranes and properties is sufficient to prevent a loss of privacy occurring for existing residents.

In relation to noise issues, being an industrial area next to the motorway, this area is not a particularly quiet environment. It is considered that the additional noise generated by the application proposal would not be so significant to warrant the refusal of this application. The applicant has suggested that the hours of use will be limited to between 0700hours and 1800hours Monday – Saturday, and this is considered to be acceptable with a condition recommended.

A public house (The Royal Oak) is situated adjacent to the site and it is likely that this could have some living accommodation associated with it as is the case with many pubs. The occupiers of the pub have been consulted but they have not objected to the application. Whilst the change of use may result in increased noise levels when cranes are moved and vehicle activity occurs, it is considered that such noise would not be so significant as to create unacceptable living conditions for its occupiers. The limited hours of use are noted and, furthermore, it must be acknowledged that for people living in properties in industrial areas it is not always possible to ensure that the environmental standards of Housing Areas are achieved.

Overall, the application proposal will not result in a significant reduction in the quality of the living environment that is currently afforded to surrounding residents of the site. It is therefore concluded that the application proposal would not be contrary to UDP Policy IB9 (b).

Flood Risk Issues

The application site is located within close proximity of the Blackburn Brook which is set with a tree lined corridor and runs along the south-eastern boundary. Consequently, the site has flooding issues that must be addressed.

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Flood Risk records for the area (from Sheffield’s Strategic Flood Risk Assessment (SFRA) and Environment Agency) show that the site falls within a variety of flood zones classifications – namely Flood Risk Zones 3a and 3a(i) relating to a high probability of flood risk and functional flood plain, respectively.

Core Strategy Policy CS 67 relates to ‘Flood Risk Management’ and seeks to ensure that the requirement for safety for people and property is paramount and suitable sites with lower probability of flooding are always preferred when they can be identified. Where an overriding case remains for developing in a zone with high probability of flooding development will be permitted if a number of important criteria are met.

The content of Planning Policy Statement 25: Development and Flood Risk (PPS25) is also relevant to this assessment and provides guidance on what uses should occur in flood zones.

In terms of Flood Risk Vulnerability, the application proposal is for storage and distribution which is identified as a ‘Less Vulnerable’ use under PPS25’s definition. ‘Less Vulnerable’ uses are compatible with Flood Zone 3a and can therefore be permitted as long as it has been demonstrated through a Sequential Test that there are no other reasonably available sites available to accommodate the use that have a lower probability of flooding (i.e. Flood Zone 1 and 2). Flood Zone 3a(i) is not a classification set out in PPS25 but it is a special designation specific to Sheffield’s SFRA and relates to those areas of functional floodplain lying in the urban area, such as the application site. Whilst it is acknowledged that there is high flood risk in these areas the Council does not necessary have to apply the strict policy restrictions associated with functional floodplain (i.e. Flood Zone 3b). It is essentially down to the Council’s own judgement about the vulnerability of the use in consultation with its own Policy CS 67, the vulnerability uses of PPS25 and the applicant’s own Sequential Test.

A Sequential Test has been applied to the application proposal to demonstrate that there are no reasonably available sites in areas with a lower probability of flooding that would be appropriate to the type of development and land use proposed. The Test has been limited to the Lower Don Valley and Blackburn Valley areas, which are the main industrial areas of the City. It identifies 17 sites that could be appropriate for the use and, following individual assessment, it concludes that there are no sequentially preferable sites that are suitable, viable or truly available options where the Applicant could provide an alternative facility with the same operational efficiency as the application site. Officers have considered the content of the Sequential Test and agree with the findings of the report, concluding that the Sequential Test has been passed.

Overall, in flood risk terms it is considered the application proposal is an acceptable use at this site. It is unlikely to be a sensitive and vulnerable use given that it essentially relates to the storage of large steel crane parts that are not particularly affected by water. These parts are not solid buildings and the nature of their design is unlikely to impede the flow path for water and/or flood storage areas and it would not increase flood risk elsewhere if flooding was to occur in this area.

238 Indeed, in comparison to the former use of the site it is noted that the quantity of permanent buildings that occupy the site will significantly decrease, as recommended for a site in the developed functional floodplain by Policy CS 67.

Members are advised that a Flood Risk Assessment has been produced to accompany this application. The Environment Agency objected to the original proposal due to the FRA failing to address a number of issues. This document has been amended and the Environment Agency are currently assessing the revised document but no further consultation response has been received at the time of writing this report. Therefore, it is proposed that Member’s be updated on any response received at the Committee meeting.

Finally, Policy CS 67 (a.) requires that all developments significantly limit surface water run-off and that sites over 1 hectare should reduce run-off by 30%. This site is over 1 hectare and currently 100% hardstanding but there are no proposals to change this as part of the application. Whilst a reduction is desired by Policy CS 67, it is the case that it is considered unreasonable in this instance to require the applicant to carry out additional work to install permeable paving when they are not proposing to install or remove any of the existing hardstanding areas.

On balance, it is concluded that the application proposal is compliant with the aspirations of Policy CS 67 and PPS25

Highway Issues

Part (f) of UDP Policy IB9 states that new development or change of use will be permitted provided that the site is “…adequately served by transport facilities and [it] provide[s] safe access to the highway network and appropriate off-street parking…”.

It has been advised that traffic movements to and from the site are generally low due to the nature of the storage. The amount of vehicle activity is essentially based on demand for the use of cranes on construction sites, which varies depending upon the state of the market. A high volume of demand could result in large vehicles visiting the site on a regular basis and a small amount of cranes on the site whereas low market demand results in less vehicle activity and a greater storage of cranes on the site.

Presently, it is anticipated that the average amount of large HGVs visiting the site on a weekly basis will be around two. This is considered to be low in comparison to other users of Grange Mill Lane and potentially less than the traffic movements that occurred when the site was occupied by Extec. Therefore, it is considered to be unreasonable to require the Applicant to pay for highway improvements to the roadway.

Notwithstanding the above, it is considered necessary to improve the access of one of the main vehicle entrances to the site. This relates to the main entrance, which is located on the southern end of the site, adjacent to the Royal Oak Public House on Blackburn Road. The access is owned by the Applicant and used by a number of businesses. The width of the access is very wide resulting in vehicles

239 being able to enter the site at speed and an overly long gap between the footways on either side. This is considered to be prejudicial to highway safety. Given the ownership of the access and the potential for an increase in the volume of large vehicles using this access it is considered that the point of access must be improved and rationalised, to create a junction that meets Sheffield City Council specifications. It is considered reasonable to require this improvement as part of this application and therefore a condition is recommended. The Applicant’s Agent has been made aware of this requirement.

Overall, it is considered that the existing highway environment on Grange Mill Lane is acceptable and will not be significantly compromised by the proposed development. Accordingly the development, subject to conditions, is considered to be consistent with the requirements of UDP Policy IB9 (f).

Sustainability Issues

Policy CS 64 relates to ‘Climate Change, Resources and Sustainable Design of Developments’ and states that all new buildings and conversions of existing buildings must be designed to reduce emissions of greenhouse gases and function in a changing climate. To satisfy the policy, all non-residential developments over 500 sq. m. gross internal floorspace should achieve a BREEAM rating of ‘very good’ (or equivalent) as a minimum.

Policy CS 65 relates to ‘Renewable Energy and Carbon Reduction’ and requires that, if feasible and viable, all significant developments of more than 500 sq. m. gross internal floor space, a) provide a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy; and b) generate further renewable or low carbon energy or incorporate design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%.

The main workshop building on site has an area of 960 sq. m. and therefore the requirements of this policy are relevant in practice. However, in reality, it is the case that this building is simply a metal clad workshop shell with no apparent internal fit out proposed on the submitted drawings. Therefore, it is considered that it would be neither viable nor feasible to expect this building to achieve the sustainability requirements. It is therefore acknowledged that the proposal will not meet the requirements of Core Strategy Policy CS 64 and 65. However, this is accepted in light of the nature of the application and the design of the building.

RESPONSE TO REPRESENTATIONS

It is considered that the majority of issues raised by the objectors to this application have been addressed throughout the main assessment of this report. The outstanding issues raised are discussed below:

With regard to the issue of bright lights from the site shining into nearby residents’ properties, it is advised that this issue has been investigated by the Planning Service’s Enforcement Team. Officers have visited the site on two separate occasions and confirmed that there are no lights or a power source currently on the site. It is advised that the only bright lights that could have occurred would have

240 been from the powerful torches of security staff and any continuing issues would be a site management issue and potentially a statutory nuisance matter. There is no lighting proposed as part of the application and a condition is recommended to ensure that no lighting is installed on the site without the prior consent of the Council.

With regard to the developments impact on local house prices, it is advised that this is not a material planning consideration and therefore this issue cannot be taken into account during the determination of this application.

SUMMARY AND RECOMMENDATION

Overall, it is concluded that the proposed development is acceptable in this part of the City’s industrial land allocation.

The external storage of crane parts is the main intended purpose of this site and the proposed tower cranes and buildings (workshop/offices) are ancillary to this use. External storage is highlighted in the UDP as an appropriate use for the area in land-use terms.

The development will have a visual impact on the existing landscape and this is a contentious issue for many local residents living opposite. However, the site is located within and viewed as part of one of Sheffield’s general industrial areas where external storage is allowed. Other general industrial and storage/distribution uses exist in the area, and there are precedents of similar uses which have been permitted along Grange Mill Lane in the recent past, including existing crane storage also operated by HTC Cranes.

It is believed that the application proposal will not result in a significant reduction in the quality of the living environment that is currently afforded to surrounding residents of the site. The objections are noted but it is concluded that there is a sufficient distance (including across the M1 motorway) to ensure that residential amenity will not be compromised by the cranes or storage areas. Although visible, it is considered that the equipment, buildings, and tower cranes would be not overbearing or over-dominant to residents. With regard to the noise, being an industrial area next to the motorway this area is not quiet during the working day. It is considered that the additional noise generated by the application proposal will not be so significant to warrant the refusal of this application.

In flood risk terms, the application proposal passes the Sequential Test and it is concluded that it is unlikely to be a sensitive and vulnerable use given that the majority of the site is proposed to store large steel crane parts that are unlikely to impact on the flow path for water and/or flood storage areas. Indeed, in comparison to the former use of the site it is noted that the quantity of permanent building that occupy the site significantly decreases. It is the case that surface water run-off will not be restricted by the application, as required by Core Strategy Policy CS 67, however this is accepted because no new/replacement hardstanding is proposed on site.

241 There are no significant highway issues generated by the proposal, subject to a condition requiring improvements to the main north-eastern access road.

The sustainability shortfalls of the proposal in terms of the Core Strategy’s requirements are noted and it is advised that the application does not meet the aspirations of Policies CS 64 and 65. However, given the nature and simple design of the proposed buildings it is again accepted that it would be neither viable nor feasible to achieve high quality sustainability features as part of this application.

Having regard to the above, it is considered that the application complies with the requirements of UDP Policy IB5 and IB9, and Core Strategy Policy CS 67. Members are recommended to approve the application subject to conditions.

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Case Number 09/03207/CAC

Application Type Conservation Area Consent Application

Proposal Demolition of existing student halls of residence, annex, associated building including temporary structures around experimental gardens and Nos. 26, 28 & 30 Taptonville Road

Location Land At Crookes Road And Taptonville Road (Site Of Tapton Hall Of Residence And 30, 38 And 46 Taptonville Road) Sheffield

Date Received 13/10/2009

Team SOUTH

Applicant/Agent DLP Planning Ltd

Recommendation Grant Conditionally

Subject to:

1 The development must be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Planning (Listed Buildings and Conservation Areas) Regulations 1990.

2 The buildings shall not be demolished before a binding legal contract for the carrying out of works of redevelopment of the site is made, and evidence of such a contract has been supplied to the Local Planning Authority and planning permission has been granted for such redevelopment.

To ensure that premature demolition does not take place and result in an undeveloped site, some time before rebuilding, which would be detrimental to the visual character of the locality.

3 The development must be carried out in complete accordance with the following approved documents;

Drawings numbered: YK.16.10.31 rev J YK.16.10.32 rev G

243 YK.16.10.40 rev I YK.16.10 41 rev I YK.16.10 65 YK.16.10.66 YK.16.10.67 YK.16.10.68 Haddow House - 14 Dwelling Type D - Plots 23 and 36 rev C - 5 Dwelling Type E - Plots 1 to 4 rev D - 5 Dwelling Type F - Crescent rev B - 5 Dwelling Type G - rev B - 5 Dwelling Type G - Plots 26 to 29, 34, 35 rev B - 5 Dwelling Type H - Crescent rev C - 5

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

BE16 - Development in Conservation Areas

Overall, it is considered that the development complies with the relevant policies and proposals and would not give rise to any unacceptable consequences to the environment, community or other public interests of acknowledged importance.

244 Site Location

245

LOCATION AND PROPOSAL

Members will recall that this application was deferred from the Area Planning Committee of 21 June 2010 to allow a Members Site visit to take place.

For a full description of the site and the parallel planning application, Members should refer to the report for planning application no. 07/01380/FUL which is also on this agenda.

The site lies within the Broomhill Conservation Area so an application for Conservation Area Consent is necessary for any demolition works to take place. The site currently accommodates student halls of residence rising to seven storeys along the northern part of the site fronting Crookes Road. It is proposed to demolish these along with two storey student halls and greenhouses associated with the former Sheffield University Remote Experimental Facility which lie at the south end of the site. Four centrally located stone buildings, The Lodge, Coach House, Haddow House and Pisgah House would be retained.

The demolitions would allow the proposal set out in the report for 07/01380/FUL to be built.

SUMMARY OF REPRESENTATIONS

Please refer to the report for 07/01380/FUL for all representations.

PLANNING ASSESSMENT

Policy Issues

A full policy framework is set out in the report for 07/01380/FUL but for the purposes of this application, Policy BE16 of the adopted Unitary Development Plan (UDP) requires developers to enhance or improve the character of the Conservation Area.

Impact on the Conservation Area

In the event of the buildings being demolished, Policy BE16 expects the replacement buildings on the site to improve or enhance the character and appearance of the Conservation Area. The reason for the proposed demolition is to redevelop the site for housing and the recommendation for 07/01380/FUL is that the replacement scheme is acceptable and would satisfy the requirements of BE16. Consequently, the demolition of the existing buildings, where applied for, would be acceptable because they do not make a positive contribution to the Conservation Area.

Remaining Issues

246 It is important that a consent for this application does not give ‘carte blanche’ to the developer to demolish these buildings without the site being redeveloped. Consequently, a condition would be attached ensuring that a binding contract to redevelop was in place.

SUMMARY AND RECOMMENDATION

This application is for the demolition of existing halls of residence at Crookes Road and Taptonville Road. The site is within the Broomhill Conservation Area and Policy BE16 of the UDP says that redevelopment of the site should improve or enhance the appearance and character of the Conservation Area. The existing buildings are flat roofed and functional and contribute little to the quality of the Conservation Area. The replacement scheme would be an improvement on the existing buildings and this scheme would be acceptable.

This application is, therefore, considered to be acceptable and is recommended for conditional approval.

247

Case Number 07/01380/FUL

Application Type A Full Planning Application

Proposal Residential development comprising 69 no. 2/3- bedroomed flats, 4 no. 6-bedroomed houses and 36 no. 4-bedroomed houses with associated landscaping and car parking (amended scheme and layout) (Amended drawing received 09/06/2010)

Location Land At Crookes Road And Taptonville Road Crookes Road Sheffield S10 2AZ

Date Received 02/04/2007

Team SOUTH

Applicant/Agent DLP Planning Ltd

Recommendation GRA GC subject to Legal Agreement

Subject to:

1 The development must be begun not later than the expiration of three years from the date of this decision.

In order to comply with the requirements of the Town and Country Planning Act.

2 Before the development is commenced, details of all proposed external materials and finishes, including windows as shown on the approved plans shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

3 Before the development is commenced samples of all proposed external materials and finishes, including windows, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

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4 Where stone is specified as the external material, this shall be natural and artificial stone - as shown on the approved plans, unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

5 A sample panel of the proposed masonry shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of masonry and mortar finish to be used. The sample panel shall be approved in writing by the Local Planning Authority prior to the commencement of the building works and shall be retained for verification purposes until the completion of such works.

In order to ensure an appropriate quality of development.

6 Rooflights shall be conservation style with minimal projection above the surface of the roofing slates unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

7 Before the development commences, details of the location, specification and appearance of all new services to the building (including location of meter boxes, outlets and inlets for gas, electricity, telephones, security systems, cabling, trunking, soil and vent stacks, fresh and foul water supply and runs, heating, air conditioning, ventilation, extract and odour control equipment, pipe runs and internal and external ducting and rainwater goods) shall have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

8 The dwellings shall not be used unless the sight lines being 2.4 metres x 90 metres at Crookes Road and 2.4 metres x 45 metres at Taptonville Road has been provided. When such sight lines have been provided, thereafter the sight lines shall be retained and no obstruction to the sight lines shall be allowed within the sight lines above a height of 1 metre.

In the interests of traffic safety and the amenities of the locality.

9 The development shall not be begun until the improvements (which expression shall include traffic control, pedestrian and cycle safety measures) to the highways listed below have either;

249

a) been carried out; or

Highway Improvements: Crookes Road (Signing and lining to facilitate relocated access.

To enable the above-mentioned highways to accommodate the increase in traffic, which, in the opinion of the Local Planning Authority, will be generated by the development.

10 Prior to the improvement works indicated in the preceding condition being carried out, full details of these improvement works shall have been submitted to and approved in writing by the Local Planning Authority.

In the interests of traffic safety and the amenities of the locality.

11 The gradient of the access road/driveway shall not exceed 1:20 for the first 10 metres from the highway, unless otherwise agreed in writing by the Local Planning Authority.

In the interests of highway safety and the amenities of the locality.

12 The dwellings shall not be used unless the car parking accommodation for that part of the site as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

In the interests of traffic safety and the amenities of the locality.

13 The dwellings shall not be used unless all redundant access have been permanently stopped up and reinstated to footway and kerb, and means of vehicular access shall be restricted solely to those access points indicated in the approved plans.

In the interests of traffic safety and the amenities of the locality.

14 Before the development is commenced, details of the means of ingress and egress for vehicles engaged in the construction of the development shall have been submitted to and approved in writing by the Local Planning

250 Authority. Such details shall include the arrangements for restricting the vehicles to the approved ingress and egress points. Ingress and egress for such vehicles shall be obtained only at the approved points.

In the interests of traffic safety and the amenities of the locality.

15 At all times that demolition and construction works are being carried out equipment shall be provided to the satisfaction of the Local Planning Authority for the effective cleaning of the wheels and bodies of vehicles leaving the site so as to prevent the depositing of mud and waste on the highway but before the development is commenced full details of such equipment shall have been submitted to and approved by the Local Planning Authority. When the above-mentioned equipment has been provided thereafter such equipment shall be used for the sole purpose intended in all instances and be properly maintained.

In the interests of the safety of road users.

16 Before development commences, details of the site compound and parking by contractors and construction vehicles shall be submitted to and approved in writing by the Local Planning Authority.

In the interests of traffic safety and the amenities of the locality.

17 Before the development commences, full details (including geometry, construction, long and cross sections and materials) of the highways serving the site shall be submitted to and approved in writing by the Local Planning Authority.

In the interests of traffic safety and the amenities of the locality.

18 Before any demolition or construction works commence on site, a highway survey to roads adjacent to the site shall be jointly carried out and agreed, and any remedial works required as a result of the development shall be completed to the satisfaction of the Local Planning Authority prior to the dwellings being occupied.

In the interests of traffic safety and the amenities of the locality.

19 The windows of the flank wall elevations of house types E and F shall be glazed with obscure glass to the satisfaction of the Local Planning Authority and shall not at any time be glazed with clear glass without the prior written agreement of the Local Planning Authority.

251 In the interests of the amenities of the locality and occupiers of adjoining property.

20 An ecological/landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscaped areas, other than for privately owned domestic gardens shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The ecological/landscape management plan shall be carried out as approved.

In the interests of the amenities of the locality.

21 The existing wall of the former walled garden wall shall be retained and details of the proposed treatment of the access through the wall shown on the approved plans shall be submitted to and approved in writing by the Local Planning Authority before work on that part of the site is commenced and the dwellings shall not be used unless such treatment has been carried out in accordance with the approved details.

In the interests of the amenities of the locality.

22 Prior to the commencement of development, details of all footpath and road surface treatment shall have been submitted to and agreed in writing by the Local Planning Authority and such agreed surfaces shall be implemented and retained thereafter.

In order to ensure an appropriate quality of development.

23 Prior to the commencement of development, details of the finished floor levels of all dwellings shall have been submitted to and agreed in writing by the Local Planning Authority where different to those shown on the approved plans.

In the interests of the amenities of the locality.

24 Prior to the commencement of development newt and bat mitigation measures in line with the findings of report of Baker Shepherd Gillespie dated June 2007 shall be carried out and approved in writing by the Local Planning Authority. Any remedial measures identified in the approved report shall be implemented during the demolition and construction.

In order to ensure that no harmful effects are caused to the interests of nature conservation in the locality as a result of the proposed development,

252 in accordance with Policy GE11 of the Sheffield Unitary Development Plan as set out in Planning Guidance Note 9 (Nature Conservation).

25 Prior to the commencement of development, details of any footbridge across the ha ha shall have been submitted to and agreed in writing by the Local Planning Authority. Such agreed footbridge shall be implemented prior to the completion of the dwellings and retained thereafter.

In the interests of the visual amenities of the locality.

26 The individual dwellings shall not be used unless all the access and facilities for people with disabilities shown on the plans have been provided in accordance with the approved plans for that dwelling and thereafter such access and facilities shall be retained.

To ensure ease of access and facilities for disabled persons at all times.

27 Before work on site is commenced, details of a suitable means of site enclosure shall be submitted to and approved in writing by the Local Planning Authority and the dwellings shall not be used unless such means of site enclosure has been provided in accordance with the approved details and thereafter such means of site enclosure shall be retained.

In the interests of the amenities of the locality.

28 Surface water and foul drainage shall drain to separate systems.

To ensure satisfactory drainage arrangements.

30 Prior to the commencement of development, details shall have been submitted to and agreed in writing by the Local Planning Authority of how a reduction of 30% in surface water run-off can be achieved within the site. Such details shall be implemented prior to the occupation of any dwelling and retained thereafter.

In order to control surface water run off from the site and mitigate against the risk of flooding.

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31 Construction or demolition works shall only take place between 0800 and 1800 hours Monday to Friday and 0800 and 1300 hours Saturday with no construction or demolition works on Sundays or Bank Holidays.

In the interests of the amenities of the locality and occupiers of adjoining property.

32 Prior to the commencement of development, details of a Management Plan for the communal open space, including the Arboretum, shall have been submitted to and agreed in writing by the Local Planning Authority. Such details shall include woodland maintenance plans and management. Such Management Plan shall be implemented prior to the occupation of any dwelling, unless otherwise agreed in writing by the Local Planning Authority, and retained thereafter.

In the interests of the amenities of the locality.

33 The developer shall give a minimum of 21 days notice of the commencement of any work to the walled garden to the Local Planning Authority and the South Yorkshire Archaeology Service (Development Services, Howden House, 1 Union Street, Sheffield, S1 2SH, Tel: 0114 2736428). Thereafter, the developer shall afford access at all reasonable times to the staff of the S.Y.A.S or such suitability qualified person(s) nominated by them, in order that any works involving ground disturbance or the alteration of building(s) can be observed and any features or finds of archaeological interest recorded.

In the interests of preserving historical aspects of the city.

34 Prior to the commencement of development, details of the layout of the communal open space, including the Arboretum shall have been submitted to and agreed in writing by the Local Planning Authority. Such details shall include:

- lighting - footways - replacement pond - seating - access points into the site - public access

Such details shall be implemented prior to the occupation of any dwelling, unless otherwise agreed in writing by the Local Planning Authority, and retained thereafter.

254 In the interests of the amenities of the locality.

35 Before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided: a) a minimum of 10% of the predicted energy needs of the completed development being obtained from decentralised and renewable or low carbon energy; and b) The Generation of further renewable or low carbon energy or incorporation of design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy to satisfy (a)

36 The dwellings hereby approved shall be constructed to achieve a minimum standard of Code Level for Sustainable Homes Level 3 and before any dwelling is occupied (or within an alternative timescale to be agreed) the relevant certification, demonstrating that Code Level 3 has been achieved, shall be submitted to and approved in writing by the Local Planning Authority.

In the interests of mitigating the effects of climate change, in accordance with Sheffield Development Framework Core Strategy Policy CS64.

37 The development must be carried out in complete accordance with the following approved documents;

YK 16.10.31 Rev J YK 16.10.32 Rev G YK 16.10.40 Rev I YK 16.10.41 Rev I YK 16.10.65

255 YK 16.10.66 YK 16.10.67 YK 16.10.68 Dwelling Type D - Plots 23 and 26 Rev C-5 Dwelling Type E - Plots 1-4-Rev D-5 Dwelling Type F - Crescent Rev B-5 Dwelling Type G - Plots 26-29, 34 and 35 - Rev B-5 Dwelling Type G - Rev B-5 Dwelling Type H - Crescent Rev C-5

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

H5 - Flats, Bed-sitters and Shared Housing H7 - Mobility Housing H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas H15 - Design of New Housing Developments H16 - Open Space in New Housing Developments BE5 - Building Design and Siting BE15 - Areas and Buildings of Special Architectural and Historic Interest BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings BE21 - Historic Parks and Gardens GE15 - Trees and Woodland

Attention is drawn to the following directives:

256 Planning Authority will be required using the new national standard application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

Site Location

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INTRODUCTION

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Members may recall that planning application no. 05/03130/FUL for the Tapton Halls site was refused by the City Centre and South Area Planning Board of 29 October 2007 because the applicant failed to provide a sufficient affordable housing contribution, the proposal was considered to be overdevelopment, the loss of a line of trees would have a detrimental impact on the Conservation Area and the development of housing on the walled garden area on the Taptonville Road frontage would have a detrimental impact on the Conservation Area.

Members may also recall that the subsequent appeal was dismissed on 23 June 2008, with the Inspector concluding the form and appearance of plots 1-12 of the development situated within and adjacent to the walled garden fronting Taptonville Road would harm the character of the Broomhill Conservation Area.

This duplicate application to the appealed application was lodged with the City Council on 2 April 2007 and, as submitted, was identical to the earlier appealed proposal. This application has been amended to take into account the comments of the Inspector’s Appeal Decision Letter, which is a material consideration, and will have a considerable bearing on the consideration of the application.

Members will recall that this application was deferred from the Area Planning Committee of 21 June 2010 to allow a Members Site Visit to take place.

LOCATION AND PROPOSAL

The application site is of considerable extent, comprising the Tapton student halls of residence fronting onto Crookes Road, the two stone buildings behind this, the University Experimental Garden site and further low rise students halls, accessed from Hallamgate Road and Taptonville Road.

The northern part of the site which fronts Crookes Road currently accommodates student halls rising to a maximum of seven storeys, these being bland, grey buildings that contribute little to the visual quality of the area. The site, at this point falls from west to east and there is a stone wall along the frontage. This is broken by two vehicle access points that serve the car park that lies in front of this group of buildings. Mature trees are located along the Crookes Road and Hallamgate Road boundaries, and also to the north east, separating that part of the site from housing.

Three stone, two storey buildings, The Lodge, Coach House and Haddow House, lie at the western side of the site, which are to be retained and there are car parking areas in front of these. To the south of these, is low rise student accommodation fronting onto Taptonville Road, which would be demolished. Beyond this, in the corner of the site bounded by Taptonville Road and houses fronting Taptonville Crescent, are the buildings and greenhouses associated with the University Experimental Gardens. On the other side of the site, the Listed Grade 2 Pisgah House is included within the site but there are no proposals for this building. This and its curtilage would remain unaltered.

261 In the central area of the site is a landscaped area, including a ha ha, containing a wide variety of mature trees and other plants.

With reference to site levels, there is a level area at the north-west corner, with the levels dropping down to the east in the form of a series of plateaux. The land also drops down gently from north to south.

All surrounding uses are residential, with buildings predominantly of stone, with the exception being the former Water Works Sports Ground on the opposite side of Crookes Road, now occupied by a mix of housing (including render finish) and all weather sports facilities and a fitness suite. The stone walls along the Crookes Road frontage are extended around the remainder of the site but there are some openings, particularly along Taptonville Road, that allow vehicle access into the site. Close to the southern corner is an attractive, arched feature and entrance allowing pedestrian access into Experimental Gardens.

The scheme, as originally submitted was for 69 no. 2 and 3 bedroomed flats, 10 flats within Haddow and Coach Houses and 48 no. 4 bedroomed town houses. The total was 127 units.

In the light of the Appeal Decision, the application has been formally amended and the revised scheme is for 69 no. 2 and 3 bedroomed flats, 10 flats in Haddow and Coach Houses and 40 no. 4 bedroomed houses. The application remains unaltered apart from the southern corner at Taptonville Road and Taptonville Crescent, where the 4 no terraces of 3 town houses have been replaced by two pairs of semi-detached houses.

The access from Crookes Road remains unaltered, leading to a circular feature, off which 3 roads extend in the same ‘cross’ formation. Flats and houses run along the frontage with Crookes Road being two to three storeys high. At the north-west corner, set behind trees, is a crescent of 12 houses. At the north-east corner is a line of houses, arranged in pairs of semi-detached dwellings and a terrace of four. These are orientated in a line running north to south. Further 3 and 4 storey flats lie between the front facing flats and houses and the mature garden area.

The landscaped garden and ha ha are retained, and there are footpaths that would link this area with Taptonville Road, Hoole Road and Crookes Road. Consequently, there would be public access to this area. At present, this is denied as the garden is owned by the University.

One pair of semi-detached houses would lie centrally within the walled garden and the other pair would be sited between the walled garden and line of mature trees and Haddow House.

A new access road would be introduced between Haddow House and the semi- detached houses which would lead to the rear of these and also serve the crescent of 10 houses at the rear, which are unaltered from the original layout.

In support of the application, the following submissions have been received:

262 - Planning and Conservation Area Statement - Tree Survey - Disabled Access Statement - Design Statement - Affordable Housing Statement - Sustainability Statement - Geo-Environmental Appraisal - Ecology Report - Transport Assessment - Flood Risk Assessment

REPRESENTATIONS

Two rounds of public consultation have taken place, the first one being concerned with the scheme as originally submitted and the second round concerned with the revised, amended proposal.

First Round

237 letters have been received with 106 of these being identical letters:

- Four storeys is too high and it should be reduced to two - Noise and pollution from residents’ cars - Too few family houses - Not enough car parking - Design not in keeping with the houses on Taptonville Road - Loss of light and shading of existing gardens east of the site - Adequate drainage should be provided - On house type E, the windows overlook Taptonville Road - Overdominant and overbearing - Unsympathetic design - Loss of green space and trees - Threat to Experimental Gardens and loss of trees - Unacceptable impact on road network - Building Materials should be in keeping with the character of the Conservation Area - Scale, density and design not acceptable - Part of the site should be retained for community enjoyment - Four storeys too high at north-east corner of site - Overbearing impact and overlooking of 24 Taptonville Crescent contrary to Policy H14 - Impact on valuable wildlife - There is a need in the area for more open space, which should be used for community, environmental and educational purposes - The application is contrary to Policies LR4, LR7, LR11 and GE11 because of open space losses. The site is not brownfield; it’s a garden. More parks are needed in the Broomhill area as it is below the minimum Council guideline for acceptable provision

263 - Tapton Halls of Residence are attractive buildings that contribute to the Conservation Area and should be kept - The ha ha should be kept - No more flats in Sheffield are needed, particularly when so many remain empty - Loss of Victorian glasshouse in Experimental Gardens - Land occupied by greenhouses should be open space - Proposal should give due regard to Conservation Area status - Height of buildings to the south is out of character with the area - There should be sustainable elements in the design such as recycled rainwater - The design, external appearance and architecture does not reflect the character of the Conservation Area - Too close to Hallamgate Road - Tree protection measures need to be incorporated during construction works - If trees die, they should be replaced and a Tree Preservation Order should be considered for the site - There needs to be more affordable housing - Loss of a recycling area - Lack of rear access to houses on Crookes Road

Broomhill Action and Neighbourhood Group (BANG) have made the following comments:

- They welcome the replacement of Tapton Hall of Residence - Concern that the eastern elevation of the new buildings at the northern part of the site will result in overlooking and a loss of privacy - The ‘brownfield’ description of the site is not accurate - Loss of open space contrary to Policies LR4, LR7, LR8 and LR11 of the UDP - Loss of wildlife habitat - Loss of historical features within ‘walled garden’ - Garden space could be restored back to its original Victorian layout - Loss of good quality trees - Buildings at southern end of the site are entirely inappropriate at this location - Members should visit the site prior to determination

BANG have also proposed that the southern part of the site, which they have described as ‘Broomhill’s Secret Garden’ should not be developed at all and should be handed over to be developed as an open space/garden area.

Councillor Paul Scriven has objected:

- The development is not in keeping with the Conservation Area as it does not complement the Victorian and Edwardian architecture of the area

264 - Too high - Not enough family housing - Damage to Experimental Gardens and ha ha - Buildings facing Crookes Road should be in houses, not apartments - Finishes should be of stone to be in keeping with surrounding architecture - Insufficient number of parking spaces, which will result in on-street car parking - There should be no right turn onto Crookes Road - There should be public access to the Experimental Gardens with seating, controlled by a Management Plan, the retention of the gardens is important

Councillor Alan Whitehouse has objected:

- Overbearing and in conflict with trees - Style and finish should reflect the overall character of area - Semi-circular units impractical to live in - Not enough family housing - Lifts should be included - Management scheme required for gardens - There should be no right turn onto Crookes Road

Rt Hon Nick Clegg MP has objected:

- Concern over possible loss of Experimental Gardens - There should be public access to the gardens - Links should be created with the Botanical Gardens - The gardens should be a community and friendly resource

Second Round

54 letters have been received:

- There is an overprovision of 2 bedroomed flats, which is the same as the earlier scheme - The number of family sized houses has reduced to 20% - The replacement of 12 no. four bedroomed houses by 4 no. houses is inappropriate as the gardens are too small - The scheme does not create a balanced and vibrant community - The walled garden should be left as open space - The houses should be smaller to meet local demand - Only the existing built footprint should be developed - This is inappropriate housing infill for this area and only marginally different to the earlier scheme - Cramped design - Not enough Affordable Housing - The scheme is overdevelopment - Broomhill deserved a higher standard of developments - Lack of sustainability which is contrary to policies CS64 and CS65 of the Core Strategy - Adverse impact on the character of the Conservation Area

265 - The amended scheme is still out of character with the Taptonville Road street scene and overdominant - Detrimental impact on adjoining properties through direct overlooking - Houses close to Hoole Road are too high - The extra traffic serving the new houses would cause problems in the area - Parking provision is inadequate - Hallamgate Road is already restricted in width and this would make it worse - Hoole Road should not be used by construction traffic - Noise and disturbance during construction works - No demolition should take place until there is an approved scheme - The footpath link to Hoole Road should be removed because this would encourage vandalism and litter - All mature trees should remain - Not enough open space within the site - Light pollution on Taptonville Road would increase - There would be a detrimental impact on wildlife habitats - Traditional materials should be used throughout the site - The gardens around Haddow House are proposed to be added to the 2012 List of Historic Gardens - Light pollution from car headlights - Impact on school capacity and other services which are already over- subscribed - Concerns about possible increase in height of the wall at the rear of plot 23 and no boundary is shown for this plot. - New Government Planning Guidance in Planning Policy Statement (PPS) 3 has recently been published which includes an amendment to what constitutes brown field sites. Due to this, the site around Haddow House should be re-classified as green field. This undermines the arguments for developing on Haddow House gardens. - Most of the south side of Haddow House has only ever had plants and trees and a few temporary buildings on the land. - The gardens for the four new houses shown on the amended scheme are too small. - A new road would separate Haddow House from its former gardens. - It would be better to leave the existing buildings on site.

BANG have reaffirmed their opposition to development in the southern part of the site.

Councillor Paul Scriven has objected:

- The walled garden should stay as open space - Lack of open space in Broomhill is important to sustain as much as possible in this area - It is not acceptable to build in front of Haddow House as this would cause damage to the character of Taptonville Road and Taptonville Crescent. This should remain open and development here would sever the original Tapton Elms House from its garden - The proposal does not re-anchor the new buildings along Taptonville Road

266 - By removing the duplex buildings from next to Haddow House and leaving as open space, there is the opportunity to undo the damage of the past - The proposal to add the walled garden to the local List of Historic Gardens is enough reason to refuse the application - Broomhill has insufficient two and three bedroomed houses for families. There are too many apartments proposed and more houses should be included - There is a shortage of car parking spaces and there should be two spaces for each apartment - The crescent of houses at 3 storeys high would be detrimental to the open space and landscaping to be retained. It would destroy views, be out of character with the area and detrimental to the character of the Conservation Area - The proposals damage the landscaped areas and the proposal should adhere to the existing built footprint - Policy BE21 of the UDP need to be considered

Councillor Shaffaq Mohammed supports the objections of the residents at 15 Hoole Road:

- Overdevelopment in Broomhill - High density - There is a need for more open space - The scheme is too high and 2 storeys is more appropriate in this area - Detrimental impact on wildlife

Former Councillor Bernard Little objects to the application:

- There would be a significant increase in net traffic levels and on-street parking - Not enough information on sustainability

Rt Hon Nick Clegg also supports the objections of the residents of 15 Hoole Road

On 28 June 2007, the proposal was presented to the Sheffield Urban Design Review Panel. Generally, they felt that the site offered an outstanding opportunity, but the current proposals failed to achieve the required quality of development on such an important site. The detailed comments are:

- Exceptional design response required - The design should encourage streets and spaces to be used - The cul-de-sac discourages through movement and there should be more structured permeability – existing scheme does not achieve this - The relationship of the southernmost part of the site has an uncomfortable relationship with Taptonville Crescent, particularly in terms of tree loss and overlooking of the adjoining property - The development would neither be a literal response to the area nor a genuinely modern response - More attention needs to be given to the existing design of houses - Uncertainty about external materials

267 - Glazed cores to the apartment blocks with pitched roofs are not necessary - A considerable amount of further improvement work is required to realise an acceptable scheme

On 24 November 2009, the revised scheme was presented to the Conservation Advisory Group, who made the following comments:

- Overall the proposal is an unsuccessful attempt to reproduce Victorian or Edwardian Architecture - The scheme would not integrate with surrounding development - It would diminish the character of the Conservation Area - The blocks facing onto Taptonville Road are an improvement on the scheme dismissed at appeal but the architectural form was still unsatisfactory - Misunderstanding of Victorian architecture and inappropriate use of detailing - The lower crescent at Taptonville Road would impinge on the Arboretum - Overdevelopment, out of character and does not relate to Taptonville Road - The crescent of the upper part of the site adjacent to Crookes Road was unacceptable in its architectural form and did not provide an adequate boundary to the Conservation Area

The applicant has submitted a Statement of Community Involvement with the revised application. This exercise has taken the form of a series of meetings with small groups of the Broomhill Action Neighbourhood Group (BANG) These meetings took place between 8 August and 18 December 2006 and the issues will be set out later in this report.

Following the outcome of the appeal, and during further consideration of this application, the applicant has engaged with BANG on matters relating to the future management of open space areas on the site, including a potential organisation that would carry out this role.

RELEVANT PLANNING HISTORY

05/03130/FUL – Housing scheme for 79 flats and 48 town houses with associated parking and landscaping refused on 29 October 2007. The subsequent appeal was dismissed.

KEY POINTS OF THE APPEAL DECISION

The appeal was dismissed and the content of the Inspector’s Decision Letter will carry considerable weight in the recommendation for this application. There are sections of the letter which have a strong bearing on certain aspects of the proposal.

In paragraph 6 of the Letter, the Inspector says that ‘The main issue is the impact of the proposal on the character and appearance of the Broomhill Conservation Area’.

In paragraph 8, the Inspector says that the ‘Broomhill Conservation Area … Appraisal, adopted by the Council in December 2007 following public consultation,

268 was agreed to be of substantial weight in this case.’ In paragraph 9, the Inspector draws specific attention to Taptonville Road and Taptonville Crescent, which have ‘an outstanding historic ambience’.

In paragraph 13, the Inspector examines the retained buildings of Haddow House and the Coach House. He says that the ‘Conversion to flats provides an opportunity for these mid 19th century buildings, both of which are agreed to contribute substantially to the character of the Broomhill Conservation Area, to be refurbished in an appropriate manner’.

He also said that their setting would be improved by the loss of tarmac and introduction of soft landscaping and concluded, in this paragraph, that ‘this part of the present proposal to represent a significant enhancement of both the character and appearance of the Broomhill Conservation Area’.

The northern part of the site comprising that area of the application site to the north of the arboretum and Haddow House and Coach House, is dealt with in paragraphs 14 to 17 of the Decision Letter. The appeal layout in the northern area is the same as that of this application and the Inspector says, in paragraph 16 that ‘The spread of development across the site, I find acceptable’. He goes on to say in paragraph 17 that ‘it would preserve the character of and enhance the appearance of the Broomhill Conservation Area’.

Paragraphs 18 to 28 deal with the southern part of the site, which is the area to the south of Haddow House and this includes the walled garden area.

In paragraph 21, the Inspector describes the walled garden stating that the four walls are ‘largely intact’, but ‘the garden area is occupied by a large, single storey building and a number of greenhouses, the erection of which have required substantial cut and fill operations’. ‘The original internal layout of the walled garden, discernable from the 1889 maps, has been effectively obliterated’.

The Inspector, continuing in paragraph 22, says that ‘some form of development of both the ornamental garden (south of Haddow House) and the walled garden would not unduly conflict with policy BE21 and would be acceptable in principle, so long as the development paid careful regard to its context and to local identity’.

The appealed application proposed a development of 12 houses in the ornamental and walled gardens, and in paragraphs 22 to 27, the Inspector explains his reasons why this part of the scheme was unacceptable. He felt that the blocks would not read as separate villas and would ‘fail to preserve the spacious character of Taptonville Road’. There would also be a ‘harmful impact on the setting of Haddow House and Taptonville Crescent’.

With respect to the crescent at the rear of the walled garden, the Inspector in paragraph 27 found this ‘to be acceptable’.

An important paragraph in the Inspector’s Decision Letter is paragraph 28, as this is where the overall view of the proposal is summarised. In discussing the appeal, the Inspector said here:

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‘Although I have found much of the scheme as a whole to be acceptable, and in some aspects to enhance both the character and appearance of the Broomhill Conservation Area, this is outweighed by the harm to both the character and appearance of the Broomhill Conservation Area arising from the proposed frontage development of plots 1-12. Because Taptonville Road/Crescent are of such importance to the Broomhill Conservation Area as a whole, I form the view that the proposal would harm both the character and appearance of the Broomhill Conservation Area, contrary to the aims of UDP policies BE15 and BE16.’

The Inspector is saying that he finds the scheme acceptable apart from plots 1-12, which were proposed within the walled and ornamental gardens to the south of Haddow House.

PLANNING ASSESSMENT

Policy

Unitary Development Plan

The application site is identified in the adopted Sheffield Unitary Development Plan (UDP) as falling within a housing area and is, therefore, governed by policy H10. This states that in such areas, housing is the preferred use.

Sheffield Development Framework Core Strategy

This has recently been adopted and there are a number of policies that are relevant to this application, particularly relating to balanced communities, sustainability and affordable housing and these will be addressed.

National Guidance

PPS3 – Housing – has superseded PPG3 and is a material consideration when determining planning applications after 1 April 2007. The guidance has recently been amended and a separate section later in this report will examine this in relation to the application.

PPG13 – Transport – sets out the Government advice with regard to transport which has now been amended by the publication of PPS3 but there are similarities between the two. This guidance encourages new development to be in sustainable locations and close to facilities and Shopping Centres.

PPG15 deals with Planning and the Historic Environment. This states that the character and appearance of the Conservation Area should always be given full weight in planning decisions. Also, high priority should be given to preserving or enhancing the character of Conservation Areas.

270 Layout, Design and External Appearance

Policy H14 of the UDP sets out a range of conditions required in order for new development to be acceptable. New buildings are required to be well designed and be in keeping with the scale and character of neighbouring buildings, to provide suitable access and drives with appropriate car parking and to ensure there is no loss of light or privacy.

Policy H15 deals with the design of new housing and this states that there should be easy access, adequate areas of private gardens, acceptable enclosures and acceptable footpath links to surrounding areas.

Policy H5 deals with flats and shared housing and this states that a concentration of these uses should not cause harm to neighbours. Living conditions should be acceptable and there should be appropriate off-street car parking.

Policy BE5 expects a good quality of design and external materials.

The northern part of the site fronts onto Crookes Road and the layout here shows a centrally located single access point from Crookes Road that would serve this part of the site. The proposed development would be set back behind the existing trees and would be a mix of houses and flats. The eastern part where the land falls away towards the east would have flats next to the access with a terrace of four houses, then the side of a house. The buildings would be interspersed with gardens and parking areas. On the other side of the access would be two blocks of flats fronting Crookes Road with a crescent of eight houses turning the corner of Crookes Road onto Hallamgate Road. All would be set behind existing mature trees.

The road into the site would lead to a circular feature with further residential access roads leading off in south, west and east directions and these would take the form of landscaped squares with parking at the edges. At the eastern side of this line north to south with rear gardens adjoining existing development to the east.

Within the site, further flats are proposed around the landscaped squares.

The flats would take the appearance of short terraces of Victorian or Edwardian stone villas with chimneys, gable features and a window hierarchy that closely reflects that of the Conservation Area.

The external treatment would be natural stone with stone window surrounds and slate roofs. The strong vertical features, the external materials and the arrangement of the windows closely reflects the Victorian and Edwardian villas which are sited along Taptonville Road, Taptonville Crescent and within existing housing to the east.

The corner flats overlooking the gardens to the south would each have a small balcony either side of the landscaped square.

271 Eight dwellings are proposed at the north-west corner of the site, arranged in four pairs of semi-detached houses forming a semi-circular crescent. These houses would also be three storeys high with pitched, gable roofs having the same external treatment as the flats. At the rear, facing Hallamgate Road each house would have a three storey gable feature and at the front facing into the crescent, each of the pairs of houses would share a gable.

These houses also closely reflect the Edwardian and Victorian villas by way of the design, external treatment and strong vertical emphasis. There would be a narrow gap between the houses providing access to the rear but the buildings would still read as a crescent and not as separate buildings, due to their close proximity to each other.

The rear gardens of these properties would run down towards Hallamgate Road and they would be screened by existing trees and the stone wall around the site. The boundary treatment of the gardens would be controlled by a condition.

Fourteen houses are proposed at the north-eastern side of the site. Access would be from the eastern residential access way via a landscaped square and the houses would have rear gardens running down towards the eastern edge of the site. The lengths of these gardens would be between 15 and 18 metres long as the house layout avoids a uniform, straight building line. There would be a mix of houses, two detached, four pairs of semi-detached houses and a terrace of four, all of which would be three storeys to eaves.

All of these houses would have an integral garage, predominantly stone exterior and a design and scale to reflect the existing stone villas in the immediate locality. The design and massing of these houses is consistent with that of the remainder of the site.

The application layout and design described so far remains the same as that found to be acceptable by the Inspector.

At the southern end of the site are the two storey duplex blocks with flat roofs in the former ornamental garden associated with Haddow House. At the extreme southern tip, next to the end of Taptonville Crescent lies the walled gardens, containing the building and greenhouses, until recently, used by the University Experimental Gardens facility. This has now left here for new premises and these buildings are vacant.

The 12 no. houses arranged in four blocks of 3 that the Inspector considered unacceptable have been replaced by two pairs of semi-detached houses, one pair within the walled garden and the other pair between these and Haddow House.

The amended plans show a pair of stone, semi-detached houses with natural slate roofs centrally located within the walled garden. The design closely follows Victorian and Edwardian architectural principles of a window hierarchy where windows decrease in size by each storey upwards. There are gable features at the front and rear. The houses are mirror images so there is symmetry with the pairs of dwellings. Large chimneys mark the sides of each of the houses.

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Plots 1 and 2 are within the walled garden and there is garden space at the front, side and rear.

At the front, there would be 12 metres deep gardens, at the side, 9 metres for both and 13 metres at the rear. This would give a feeling of spaciousness, appropriate for houses of this type. The existing walls would be retained apart from a section of 6 metres at the rear, which would allow the access road to reach the rear of the two houses.

The walled garden currently has an attractive, pedestrian entrance with pillars either side set into the fabric of the wall where it faces Taptonville Road. This has been retained and the centre line of the two houses lines up with this, which enhances the symmetry of the two dwellings. The vehicle access is at the rear and each house has two garages within the rear facing gable feature. Next to the north-western facing wall of the walled garden is a line of mature trees and these have been retained as part of this scheme.

Plots 3 and 4 are identical pairs of semi-detached houses to those proposed within the walled garden and have the same depth of front and rear gardens but at the sides there is 3 and 2.5 metres respectively. However, there is a total of 22 metres between plots 2 and 3 because of a footpath leading to the rear, between the two, served by an existing doorway in the wall of Taptonville Road and the line of trees. Both of these lie between the gardens of plots 2 and 3. This creates a further sense of space between the two blocks of semi-detached houses. This sense of space is further enhanced by the 30 metres that separates plot 4 from the side of Haddow House.

Plots 3 and 4 also have a pedestrian access through an existing opening in the wall that fronts Taptonville Road but this is offset so that it lies in front of plot 4.

It is useful to compare this revised scheme for four dwellings to the 12 that the Inspector found unacceptable. The new scheme has the pair of semi-detached houses set back from Taptonville Road by 12 metres whereas the 12 houses were only 7 metres. The semis are lower by between 0.75 and 2.5 metres. 22 metres lies between plots 2 and 3 compared to 12 metres between the central two blocks of the unacceptable scheme. A distance of 30 metres separates plot 4 and Haddow House when previously this was 21 metres. Plot 1 lies 9 metres from the boundary with Taptonville Crescent, whereas the unacceptable scheme was 4 metres.

A new access road would be taken from Taptonville Road at an existing entrance between the stone walls and this would lead between plot 4 and Haddow House to the rear of plots 1 to 4. This road would also serve the crescent of houses at the rear of the semi-detached houses, which would be between them and the arboretum behind. Two parking spaces for each house would be provided in front of each dwelling and the design of these ten houses has a more contemporary flavour than those fronting onto Taptonville Road. The eaves level would be at two and a half storeys and large windows and an inset terrace would overlook the front area. At the rear there would be more variety in windows and a further inset

273 terrace. There is a gable feature at the rear which would create rhythm and reflect the Victorian character of the Conservation Area.

The exterior would be predominantly natural stone and one feature of these particular houses is that there would only be a small rear terrace, rather than a longer private garden. This has been done because the rear of houses overlooks the landscaped Experimental Gardens and the land slopes down to the north. The creation of private gardens would involve land re-modelling that would affect trees and garden character and boundaries would adversely affect the character of this part of the site. The space to the rear would be communal open space, so the residents would still be able to use this for amenity purposes.

As part of this proposal, there are four existing buildings retained within the site boundary. The lodge is a modest two storey stone house at the corner of Hallamgate Road and Taptonville Road which would be retained as a single dwelling as part of this application. At the eastern side of the site, Pisgah House would be retained without alteration. This is a large listed stone house set within its own landscaped garden, separate from the actual development site that would not be affected, even though it is within the site boundary.

The Coach House and Haddow House are existing University buildings that would be retained as part of the proposal and converted into flats. Both buildings front onto a car parking area that is accessed from Taptonville Road and this area would be retained.

The Coach House is a two storey stone building with a pitched, hipped slate roof. There is a large arch in a gable at one end, which has already been infilled with a wooden exterior with a door and windows. At the rear, the original Coach House has been extended with a flat roofed two storey stone building. The whole building would be retained and converted to four flats with no alteration to the exterior, apart from refurbishment works.

Haddow House is a larger two and three storey building. It is also stone and slate and the front elevation onto Taptonville Road is attractive having two gables either side of a strong, stone entrance feature. To one side is a three storey gable. This building would be converted to six flats and there would be no alteration to the exterior apart from where refurbishment is necessary.

With respect to the hard surfaced areas, these are concentrated within the northern area, between the flats and houses and also associated with new development at the southern end of the site. The plans show a mix of treatment of tarmac and brick paviours to identify vehicle circulation space, shared surfaces and car parking spaces. The details of this would be broken up and complemented by landscaping including the introduction of trees.

Revised Guidance in Planning Policy Statement (PPS) 3 – Housing.

274 On 9 June 2010, revised national guidance was issued in the amended PPS 3 and the changes affect proposals for development in gardens and housing density. It is important to understand how this guidance affects the application.

One change to PPS 3 is that it reclassifies private residential gardens as Greenfield land, whereas previously, they were brown field, being seen as associated with residential development. As the change to guidance is so new, there is no case law defining what constitutes ‘private residential gardens’, but your officers do not consider any part of the application site to fall into this category. The term implies individual gardens associated with single dwellinghouses and the site does not contain any of these.

The northern part of the site comprises large student halls surrounded by ancillary, communal space and extensive car parking that would not be classified as a private garden. Similarly, there are such arrangements around Coach House and Haddow House. The arboretum in the centre of the site is retained apart from a few tree losses. This leaves the area between Haddow House and Taptonville Crescent. The walled garden contains the buildings of the former Sheffield University Experimental Gardens facility and the ‘garden’ area associated with this is the arboretum which is being retained within the proposal. There are two student blocks between Haddow House and the walled garden and this is not a private garden.

Members should also be aware that PPS 3 does not rule out green field development altogether. Local Authorities are required to set targets for brown field development and Sheffield has a target of at least 88% of dwellings to be built on brown field sites during the period 2004 to 2026 so 12% of dwellings could be built on green field sites without that target being undermined. Members are also reminded of the findings of the Inspector for the previous application which continues to have weight even with this new guidance.

A further change to PPS 3 is that the minimum density of 30 dwellings per hectare has been scrapped. However, the PPS states that Local Authorities may wish to set a range of densities across the plan area and these have already been set in the SDF Core Strategy. The density range for the area covering the application site is 50 to 80 dwellings per hectare (dph) and the density of the proposal is 39 dph, which includes the arboretum but excludes Pisgah House. The Core Strategy also says that densities outside the ranges are permitted when they achieve good design, reflect the character of an area or protect a sensitive area. The Inspector took the view that most of the proposal did achieve this.

It is appropriate for a lower density than the SDF standard to be achieved here in order to reflect the character of the Conservation Area, and the local context. Density ranges vary considerably across the Conservation Area, with lower densities for example on the south west of the site (Taptonville Road) than on the south east (Spooner Road).

Impact on the Broomhill Conservation Area

275 The whole site is located within the Broomhill Conservation Area and Policy BE16 of the UDP expects new development to preserve and enhance the character or such areas.

Policy BE15 of the UDP deals with Areas and Buildings of Special and Architectural or Historic Interest, which recognises these as being an important part of Sheffield’s heritage to be preserved or enhanced. Development which would harm the character or appearance of Listed Buildings and Conservation Areas will not be permitted.

In deciding on the appeal on this site, the Inspector said that the main issue was the impact on the character and appearance of the Broomhill Conservation Area. He also said that most of the scheme was acceptable in this respect and the appeal fell because of the unacceptability of the 12 no. houses within and near the walled garden.

Furthermore, the Inspector gave substantial weight to the Broomhill Conservation Area (BCA) Appraisal and Management Proposals which were adopted by the Council in December 2007.

The purpose of the BCA Appraisal was to record and analyse the various features which give the Conservation Area its special architectural and historic interest. The area’s buildings and spaces are noted and described and marked on the Townscape Appraisal Map along with Listed Buildings, buildings of townscape merit, significant trees and spaces and important views into and out of the Conservation Area. There is a presumption that all these features should be ‘preserved or enhanced’ as required by legislation.

The existing buildings on the site comprise a mix of functional student accommodation rising to seven storeys, a few stone buildings and the buildings associated with the Experimental Gardens. The student accommodation, which has little architectural merit, would be demolished along with the buildings of Experimental Gardens, which have deteriorated into a dilapidated state. The Coach House, Lodge and Haddow House and attractive stone buildings that contribute to the character of the Conservation Area would be retained as part of the scheme.

The existing mature trees and landscaping make a strong and important contribution to the Conservation Area and the great majority of this will be kept with the new housing being sited within this so that the mature trees would remain dominant.

The design, scale and quality of external materials are good and significantly better than the buildings to be demolished. It is considered that the proposal overall is of better quality than the existing buildings on site and the high quality of the design means that the character of the Conservation Area would be preserved and enhanced in line with policy guidance.

The Inspector said that the scheme was acceptable, apart from the 12 houses at the walled garden area, so, accordingly, his view was that this part of the proposed

276 development, met the requirements of policies BE15 and BE16 of the UDP, enhanced or preserved the character and appearance of the Broomhill Conservation Area and met the aims of the BCA.

There remains the walled garden area.

In addition to giving the BCA substantial weight, the Inspector, in paragraph 9 of his Decision Letter drew specific attention to Taptonville Road and Taptonville Crescent, which have ‘an outstanding historic ambience’.

The Inspector found that the original, appealed proposal for 12 no. houses within the walled garden and also between this and Haddow House was unacceptable, harming the character and appearance of the Conservation Area.

The revised proposal is for a much reduced scheme and for a number of reasons, does enhance or preserve the ‘outstanding historic ambience’ of this part of the Conservation Area, referred to by the Inspector.

The design and external appearance of the two pairs of semi-detached houses closely follow that of existing Victorian and Edwardian villas located close to them, by way of materials, windows, scale, massing, detailing and roof pitch. The semi- detached houses would have expressed gables at the front and back, in keeping with existing houses. Also, there would be space around the new houses and they would be set within mature trees which dominate the application site as a whole. The trees are an important component of the Conservation Area and the new houses would sit within the mature trees, consistent with settings along Taptonville Road and Taptonville Crescent.

The space around the new houses also reflects the setting of villas in the immediate locality. Important in this is the 12 metre set back from Taptonville Road which follows the siting and setting of existing buildings.

A strong feature of the Taptonville Road frontage is the stone wall. This would be retained and this has a strong presence at the back of the footpath. It also serves as a means of enclosure, reducing the impact of the new houses on the streetscene. From the opposite side of Taptonville Road, only the first floor, the gables and the roof would be visible and these would be dominated by existing mature trees.

It is considered that the revised proposal for this part of the scheme meets the requirements set out in the Inspector’s Decision Letter, enhances and preserves the character of the Conservation Area and complies with relevant policy criteria.

Impact on the Listed Building

Policy BE19 of the UDP relates to development that affects Listed Buildings and this says that their setting should be preserved or enhanced.

277 Pisgah House is a two/three storey stone building set within a walled, mature garden between the application site and Pisgah House Road. This is Listed Grade 2 so is an important component of the Conservation Area, as well as being historically important in its own right. It is important that the proposal does not affect the character and setting of Pisgah House.

The Listed Building is at a lower level than the adjoining part of the site and separated from the application site by a stone wall and a belt of mature trees and landscaping. To the west the arboretum would be retained and the nearest dwelling, as part of the proposal would be a detached dwelling 25 metres from the building and 14 metres from the stone boundary wall.

The new dwellings would be sympathetically designed, in keeping with the Conservation Area. Consequently, it is considered that the setting and character of the Listed Building would not be affected and there would be no conflict with appropriate policy guidance.

Retained Garden/Open Space Areas

An area of great concern to residents and interested parties are the existing landscaped gardens which are centrally located within the application site and whether or not this would be under threat of development. It would not be.

The garden has become established over many years as part of the University’s work and includes a wide variety of vegetation and mature trees. Within this area, running west to east from the rear of Haddow House is a ha ha. This and all the trees and landscaping would be retained as part of the overall development and it would be managed as part of the overall open space/communal amenity area associated with the scheme. Footpaths would link this area with the rest of the site and also to Hoole Road, Taptonville Road and Crookes Road. A more detailed assessment of the Experimental Garden only with the trees and landscaping throughout the site will be set out later in this report.

The layout of this housing scheme respects this landscaped setting and, particularly, the Victorian and Edwardian houses that lie close to the site. Three attractive stone buildings within the site are to be refurbished as part of the scheme and used for flats and a house.

The Inspector, in his Decision Letter, has said that, for most of the site, the design and layout is acceptable, so this has remained unaltered from the original submission and also that accepted by the Inspector.

The Inspector also said that he considered some form of development was acceptable within the walled garden as long as it paid careful regard to its context and to local identity. Your officers consider that the amended scheme for the two pairs of semi-detached houses has given due regard to context and identity and these houses are acceptable in terms of layout, design and external appearance.

Consequently, the design, layout and external appearance is acceptable and meets the policy criteria set out earlier in this report.

278 Sustainability

The application proposes development of a previously developed site, in an accessible and sustainable location, close to wide range of facilities.

Policy CS64 of the Core Strategy says that all new buildings and conversions of existing buildings must be designed to reduce emissions of greenhouse gases and function in a changing climate. All developments would be required to achieve a high standard of energy efficiency, make the best use of solar energy, passive heating and cooling, natural light and ventilation and minimise the impact on existing renewable energy installations. Also, all new buildings must be designed to use resources sustainability.

The applicant has committed to achieving Level 3 of the Code For Sustainable Homes for this development, a standard that would satisfy policy CS64. This would be controlled by a condition but the applicant has stated that this could be achieved by way of including the following:

- Either Solar Hot Water or Flue Gas Heat recovery and mechanical ventilation heat recovery to be used to achieve mandatory 25% CO2 reduction for code level 3 - Choice of insulation by using reasonable u values and enhanced thermal details - Percentage of fittings to be dedicated low energy fittings - Provision of either internal or external secure drying space - Energy labelling leaflet to be supplied to each unit - Dedicated energy efficient fittings in common areas - Choice of external Security Lighting - Cycle parking - Provision for home working - Water efficient taps, showers and appliances - Water Butts - Green Guide 2008 rating of A to D for elements of the building envelope - Responsibly sourced building and finishing materials - Location of development out of flood zones 2 and 3 - Waste management plan - Choice of boiler - Well designed rooms for natural light - Sound insulation - Provision of private/semi private open space - Home user guide - Considerate constructors scheme - Management of build

Policy CS65 of the Core Strategy deals with ‘Renewable Energy and Carbon Reduction’ and this requires all significant developments to provide a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy. Again, the applicant has committed to this by way of the following:

- Solar Hot water

279 - Flue Gas Heat recovery - Ground source heat pumps - Air source heat pumps - Photovoltaic

This can also be controlled by a condition.

The provisions of policies CS64 and CS65 have therefore been satisfied.

Flood Risk

The information submitted in support of the application confirms that there is no risk from flooding. With respect to surface water run-off, policy CS67 of the Core Strategy says that surface water must be reduced to 5 litres per second on all sites over 1 hectare, except on brown field sites, such as this, where the developer can prove that there is existing surface water run-off. On such sites, run-off must be reduced by 30%. There are significant areas of open space being left and this along with a sustainable drainage system would be able to achieve this target. It is appropriate to control this by a condition.

Impact on Neighbours’ Amenities

UDP policy criteria in policy H14 requires developers to ensure that the amenities of existing and future residents is not harmed. In this instance, it is necessary to ensure that residents do not have over dominant or overbearing development affecting their houses nor a loss of privacy because of overlooking.

With respect to over dominance and a possible overbearing nature, the development at the northern part of the site, fronting onto Crookes Road and Hallamgate Road would be three storeys high with a small number of units at fourth storey. This is lower than the existing development which rises to seven storeys. There is existing residential development to the east, north and west of this part of the site. Across Hallamgate Road and Crookes Road to the north and west are dwellings, but this is across the public domain and the proposal would be set behind mature trees. Consequently, there would be no harmful impact at these points.

Along the north eastern edge, fourteen proposed houses would face towards elevations associated with the adjoining hotel and houses. These are between 14 and 18 metres away and they are flank elevations apart from an instance where two windows face forwards the rear garden of plot 23 at an oblique angle. These are understood not be associated with bedrooms and living space and could be screened by planting. This would be dealt with by a condition

Given this and the distance from the house, it is considered that no harmful loss of privacy would arise. Also, given the height and scale of the proposal, there would be no overbearing nature or over dominance at this part of the site. At present, existing buildings close to this point rise to seven storeys.

280 The relationship between the existing house at 24 Taptonville Crescent and the proposed development is important, because the existing house lies close to the application site at a lower level.

The Inspector, in paragraph 33 of his Decision Letter, said that Plot 1 of the unacceptable scheme was visually overbearing in the public realm but the impact would be substantially greater when viewed from the garden of the Taptonville Road. He felt that this was a significant disadvantage of the proposal but officers consider that this has been resolved by the revised proposal.

The scheme that the Inspector found to be unacceptable showed Plot 1 being only 4 metres from the garden boundary of 24 Taptonville Crescent and was three storeys high with a gable roof. The new scheme shows Plot 1 being 9 metres from the boundary and two storeys high with a hipped roof. At eaves level, the height of the amendment would be 3.5 metres lower than that of the previous proposal. Existing trees would be retained along the boundary between the proposed and existing houses.

It is considered that revised scheme would have an acceptable impact on the neighbours at 24 Taptonville Crescent and would resolve the concerns set out in the Inspector’s Decision Letter.

With respect to the proposal, the Council’s recommended distances between buildings of 21 metres between habitable room windows and 12 metres between such windows and blank walls have been respected in all the new build development. However, the Coach House and Haddow House are so located that windows face each other, at an angle, at between 14 and 24 metres apart. This is considered to be acceptable and offset by the benefit to the quality and character of the scheme of retaining these buildings.

There are windows in the north facing elevations of the Coach House which are only seven metres from the elevation of a proposed block of flats. However, this relationship only extends for a length of seven metres along part of the Coach House and there would be no overlooking from the new build because there are no windows in this elevation. It is considered that this relationship is acceptable given the architectural merits of the overall scheme.

It is therefore considered that there would be no significant overlooking as over dominance and that the scheme would not have an overbearing nature.

Trees, Landscaping and Experimental Gardens

Policy GE15 of the UDP requires the retention of mature trees. It is acknowledged that the mature trees and landscaping within the site are an important component of both the site and the wider Broomhill Conservation Area. In recognition of this, the applicant has submitted a detailed tree survey of the site and all the trees on the site have been appraised, as part of this.

281 It is accepted that there would be some limited tree loss as part of this scheme but this is concentrated at the north-west corner and the southern part where the former Experimental Garden buildings are.

In the north-west corner, there is a line of trees at the back edge of the existing car park between this and the student hall known as Hallamgate Court. These would be lost to allow the crescent of houses to be built but replacement trees are proposed here as part of the landscaped square by way of replacement.

There are mature trees along the north-east, north and north-west edges of the site which would be retained as part of the scheme. Similarly, the existing trees around the Lodge, Haddow House and the Coach House would also be retained allowing these existing buildings to remain within a landscaped setting.

At the southern end of the site, some trees would be removed within the site to allow for the crescent to be introduced. However, the plans for the scheme show that new replacement trees would be planted to compensate for the losses. The mature trees along the Taptonville Road frontage would be retained. Important amongst these are a line of prominent trees that extend at 90o to the northern wall of the walled garden and these contribute much to the green setting in this part of the Conservation Area. Other prominent trees along this frontage would be retained, along the southern boundary with Taptonville Crescent and close to Haddow House.

The most important area of landscaping is within the site and lies between the principle areas of development. This is an area of mature trees that has developed as part of the Experimental Garden facility and is on an area between student halls of residence, and backing onto Pisgah House and Hoole Road. The land falls down to the south and east and tree cover extends into the garden of Pisgah House which contains mature trees. There is a wide variety of tree species within this area which extends into a courtyard area created by the existing student hall. There are also landscaped areas within the trees and this area would be part of the informal open space associated with the proposal. It would be available for enhancement by future residents and the area would be the subject of a Management Plan including a Woodland Management Scheme to ensure that this landscaped area remained of high quality. There would also be footpath links to Crookes Road, Hoole Road and Taptonville Road which would allow public access into the site.

The existing trees on the site dominate the buildings and the proposal would ensure that this situation would continue. The landscaping proposals are acceptable. Tree losses would be replaced as part of the proposal and conditions would be attached ensuring that the trees would be protected.

The Broomhill Walled Garden

Many letters have been submitted by local residents and interested parties objecting to the loss of the most southern area of the application site for development. The letters state that the area, which contains some dilapidated

282 greenhouses and similar structures, trees and areas of planting, should be given over to the community of Broomhill and used as a garden area for all to enjoy. Currently, the site is privately owned by Sheffield University with no public access.

The Proposal to Include Part of the Site in the Local Schedule of Historic Parks and Gardens:

Letters have been received that relate to the future proposal to add the walled garden to the local list of Historic Gardens.

On 10 August 2009, the City Centre South and East Area Planning Board considered a report that provided an update on the action being taken to add part of the site to the Local Schedule of Historic Parks and Gardens. This area comprises the whole of the southern part of the site comprising Pisgah House and garden (outside the application site), the arboretum, Coach and Haddow Houses and the land to the south of Haddow House to the southern boundary with Taptonville Crescent.

The current Local Schedule was prepared in 1998 in the form of Supplementary Planning Guidance (SPG) at the end of the process of preparing the UDP. The SPG was adopted by the Council and it is linked to the UDP, but it cannot be revised and can only be replaced by a new document. This means that the walled garden area cannot be added to the Local Schedule with immediate effect.

The Sheffield Development Framework City Policies and Sites document and Proposals Map have not yet been adopted and they are still in the realms of public consultation. Until this adoption takes place, likely to be 2012 after a Public Inquiry, the walled garden cannot be added to the Schedule, but it is proposed as an addition. This does have a limited amount of weight in the consideration of this application, but this is much less than the substantial weight of the Inspector’s Decision Letter. Members are reminded that the Inspector dismissed the appeal not because of the evidence about the walled garden, but because of the effect of the proposed development on the character of the Conservation Area. The Inspector concluded that the principle of some form of development in the walled garden was acceptable and your officers consider that this should carry significantly more weight than the draft proposal for including the area in the Local Schedule.

At the time of the Public Inquiry, none of the site was agreed as an addition to the Local Schedule but the Inspector did consider that UDP policy BE21 – Historic Parks and Gardens – did apply to the site. His conclusions found the crescent close to the arboretum and the principle of appropriate development fronting Taptonville Road to be acceptable within the context of BE21. The relevant paragraphs are 19 to 22 in the Decision letter.

The area of the site proposed to be added to the Local Schedule is the whole southern part comprising Pisgah House and garden (outside the application site), the arboretum, Coach and Haddow houses and the land to the south of Haddow House to the southern boundary with Taptonville Crescent. This is a draft proposal

283 only being part of the City Plans and Policies which is still in the realm of public consultation. It is envisaged that this part of the SDF will not be adopted until 2012, after a Public Inquiry, so the addition to the schedule would remain in draft form until then.

It must be acknowledged that the SDF proposal carries some weight but the weight that can be afforded to the case is minimal, owing to the very early stages of the consultation. The proposals have, however been assessed with the consultation in mind, and in consideration of the important features of the area identified in the consultation. Any subsequent inclusion of the garden on the schedule would not preclude all development within it, but would obviously give rise to additional protection of its character and important features. The scheme proposed protects the remaining important character of the garden and its best features. The Inspector took into account the views of local people on this point at the Public Inquiry in arriving at his decision and concluded that appropriate development could occur within it.

The Planning Authority, in cases like this is entitled to consider the issue of prematurity, in that the proposal to develop the site may be in conflict with proposals in a draft Plan, and undermine it’s objectives.

In this case however, for the reasons given above (lack of harm) and the very early stages of the consultation (low weight) it is considered that the proposal does not undermine the objectives of the Plan.

Highways, Access, Pedestrian Movement and Transportation

Policy H14 of the UDP requires new development to provide adequate car parking, safe vehicle and pedestrian accesses and to be located close to good public transport.

There are three accesses proposed for the site. There is a main access centrally located along the Crookes Road frontage. The existing accesses into Haddow and Coach Houses would be retained and adopted for use.

All three of these accesses are acceptable and allow sufficient visibility in each direction, so there would be no conflict between vehicles and pedestrians.

Separate pedestrian access is provided. There is an access at one of the existing vehicle entrances on Crookes Road, three accesses on Taptonville Road and one at Hoole Road. There are also footways either side of the Crookes Road vehicle access.

The separate pedestrian accesses allow safe access into the landscaped areas as well as to the proposed houses. Three of the links lead directly to the central landscaped area, thus giving public access to this part of the site. The plans show that two of the footpaths cross the ha ha and details of bridges/crossings here would be controlled by a condition.

284 The vehicle accesses off Taptonville Road and those within the northern end of the site lead to areas of shared surface and here, vehicles would move at slow speeds because of controls inbuilt in the layout and varying surface treatments. This is considered to be safe and acceptable.

With respect to car parking, each of the 40 houses would have two parking spaces each and the flats would be allocated one each. There would also be 10 visitor parking spaces throughout the site. This provision is considered to be acceptable and is consistent with the approach taken with similar housing schemes elsewhere in Sheffield.

The site is located within walking distance of Broomhill and Crookes Shopping Centres and there are numerous bus services associated with these and also along Crookes Road.

The Crookes Road entrance would increase the traffic using this part of Crookes Road and, although the access here would be acceptable with traffic entering and leaving the site from both directions, improvements to the Crookes Road/Lydgate lane junction are considered necessary. The levels of traffic estimated from the application site are such that it would be inappropriate for the developer to fund all the required works at this junction and so a financial contribution of £42,600 would be required. This figure relates to the proportion of traffic generation attributable to the proposed development in relation to overall traffic flows at this junction. This will need to be secured by the applicant entering into a s106 Planning Obligation.

All highways and transport issues have been resolved and are acceptable.

Ecology

An Ecological Report has been submitted in support of the application which addressed the flora and fauna of the site. It was recommended that, where possible, habitats suitable for breeding birds are retained, and further survey work for protected species is carried out which would be controlled by conditions and the retention of mature trees.

Affordable Housing

Policy CS40 of the Sheffield Development Framework Core Strategy deals with the need for affordable housing. This says that in all parts of the city, developers of all new housing developments will be required to contribute towards the provision of affordable housing where this is practicable and financially viable.

Members may recall that the earlier application and dismissal at appeal, was refused in part because of an insufficient contribution to affordable housing. During the Appeal Public Inquiry, the applicants provided a draft legal agreement whereby they offered a sum which met the policies at the time. However, since this and the appeal decision, the previous affordable housing policy has been superseded by Policy CS40, which allows the applicant to present a case to an independent body,

285 the District Valuer, saying that the scheme would not be financially viable if an affordable housing payment was made.

In this instance, the applicant has submitted a case of non-viability to the District Valuer on the grounds of site acquisition and build costs and the District Valuer has accepted this case. The appropriate level of profit in a housing scheme such as this would be 15% but the District Valuer agrees that this scheme would only make a profit equivalent to 3% of the cost. This is very low and it is accepted that it is not viable enough to provide an affordable housing contribution. Consequently, the terms of policy CS40 have been met and there is no need to pay a contribution to affordable housing.

Disabled Access

Policy H7 is relevant because refers to the need for mobility housing at a ratio of 25%.

Thirty-one dwellings would be constructed to mobility housing standards which is considered to be an acceptable number.

The parking bays and areas for flats have been designed to allow wheelchairs to be drawn up next to cars. Kerbs would be ramped to allow easy access to the flats by wheelchair users. Pavements and paths would be at an acceptable width to allow wheelchair and prams to pass and these would be constructed to acceptable standards in accordance with Design Bulletin 32. Gradients of paths would be no more than 1 in 12.

The disabled access proposals are acceptable subject to conditions controlling the implementation.

Open Space Provision

Policy H16 requires open space to be provided on site or, in the absence of this, a commuted sum would be payable to provide off-site improvements elsewhere, where an assessment demonstrates that an area has a shortage of open space. In this case, the assessment of open space provision within the area, has demonstrated that a shortfall exists. The proposal includes a large area of informal space within the site which could be used as meaningful recreation space but a commuted sum would still be required to cover formal provision and children’s play equipment. The sum required would be £92,262 and this would be controlled by a Planning Obligation under Section 106 of the Planning Act.

RESPONSE TO REPRESENTATIONS

Many of the representations have already been addressed in the main body of this report and for most of the site, the Inspector’s Decision Letter says that the proposal is acceptable. However, a number of responses are still needed:

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The additional traffic generated by this proposal would be absorbed safely within the existing road network. Crookes Road, in particular, is busy and the extra traffic, over and above what is already generated at present, would not result in significant increases.

The arboretum in the southern part of the site would be retained as an area of informal open space and the intention is that this is managed as a woodland garden for the benefit of residents and the wider community.

There is potential for the vacant glasshouse to be dismantled and used by a local community group.

All the trees are in a Conservation Area which affords them similar protection to a Tree Preservation Order.

The gardens of Plots 1 to 4, at the south of the site, are not too small and reflect garden sizes in the wider area.

With respect to construction traffic, a condition would control access into the site.

Regarding policy BE21 of the UDP Historic Parks and Gardens, the walled garden area is proposed to be added to the Local Schedule in the future but, at present, this part of the site is not covered by this policy.

There are no plans to increase the height of any existing boundary walls within the site.

With respect to development on the south side of Haddow House, the walled garden has contained permanent buildings for about 50 years and there are two student halls between Haddow House and the walled garden. These are not temporary buildings.

The gardens of the four new houses are not too small, being comparable with those of existing Victorian and Edwardian villas.

SUMMARY AND RECOMMENDATION

The application site comprises student halls of residence rising to seven storeys fronting Crookes Road, with the University Remote Experimental Garden facility at the southern end comprising of dilapidated greenhouses and low rise student accommodation. In the central area of the site are mature trees and attractive stone buildings, one of which, Pisgah House, is Listed Grade 2. The uses around the site are predominantly residential and down the west side of the site run Hallamgate Road and Taptonville Road.

The proposal, as amended, is to demolish the existing high rise student halls ad replace these with three storey apartments with houses at the north east and north west corners. Haddow House and the Coach House would remain, converted to flats with Pisgah House remaining unaltered.

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The central, landscaped area and ha ha would remain, to be kept as informal open space, but the two storey student halls and greenhouses in the south would be demolished to allow houses fronting Taptonville Road with a crescent of houses behind.

Members will be aware of the scheme on this site that was dismissed at appeal as this is referred to in this report along with key points from the Inspector’s Decision Letter. It is considered that substantial weight must be attributed to the Decision Letter and the Inspector has made it clear that he found most of the appealed scheme to be acceptable apart from the area fronting Taptonville Road between Haddow House and the southern tip of the site next to Taptonville Crescent. Apart from this area, the scheme before Members is the same as that considered at the appeal.

The Inspector, in dismissing the appeal, also made it clear that he did so because of the impact on the Conservation Area and that he felt that the principle of some form of development would be appropriate in the walled garden area. The revised scheme here is for two pairs of semi-detached houses that closely relate to existing traditional Victorian and Edwardian villas and this is considered to be appropriate development that does not harm the Broomhill Conservation Area.

Amended national guidance in the form of a revised PPS 3 – Housing has been taken into consideration but the proposal is acceptable when set against this.

The proposal to add the walled garden to the Local Schedule of Historic Gardens has been considered as part of the assessment, but owing to the lack of harm to key features, and the very early stages of public consultation on this, the proposal does not undermine the objectives of the Plan. In addition, the Inspector considered this aspect in concluding some form of appropriate development here would be acceptable.

The integrity of the Listed Pisgah House would not be affected and Coach and Haddow Houses would be converted to flats.

The centrally located garden area containing the mature trees and ha ha would be retained as informal open space and a condition would ensure that a Management Scheme was submitted to control the development of this.

The amenities of existing residents would not be harmed. The concerns of the Inspector relating to the impact of the scheme on 24 Taptonville Crescent have been resolved by the amended layout.

The new vehicle access arrangements are safe with acceptable viability and parking proposals meet the requirements of the standards set out in the adopted UDP. The internal footpath system is an improvement offering improved access and circulation.

288 The application, as amended, is considered to be acceptable as it would meet all the policy criteria set out in this report, as well as resolving the issues that lead to the appeal being dismissed.

The application is, therefore, recommended for conditional approval subject to a legal agreement controlling the submission of the commuted sum for off-site open space improvements, and off site highways improvement works.

Heads of Terms For Legal Agreement i) The owner(s) shall serve upon the Council, on or before the commencement of development, notice of the commencement of development, and in the event of such notice not being served, covenant to pay to the Council, immediately upon demand, all sums due under the provisions of this Deed, together with any interest due. ii) On or before the commencement of development, the Owner(s) shall pay to the Council the sum of £96,262 to be used towards the provision and enhancement of Open Space within the locality of the site. iii) On or before the commencement of development, the Owner(s) shall pay to the Council the sum of £42,600 to be used as a contribution to highway improvement works at the junction of Lydgate Lane and Crookes Road.

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