Planning Applications Numbered

SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate

REPORT TO CITY CENTRE SOUTH DATE 28/04/2008 AND EAST PLANNING AND HIGHWAYS AREA BOARD

REPORT OF INTERIM DIRECTOR OF DEVELOPMENT ITEM SERVICES

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

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

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

07/02831/FUL 484 City Road Sheffield 6 S2 1GD

07/03025/CAC Site At Dun Street, Dun Lane And Dunfields, Adjacent To The Old Bull's Head 24 Dun Street Sheffield S3

07/03031/FUL Site Of Dun Street, Dun Lane And Dunfields, Adjacent To The Old Bull's Head 26 Dun Street Sheffield 3

07/03813/OUT Site Of West Bar, Corporation Street, Bridge Street, Workhouse Lane, Love Street, Plum Lane 48 And Plum Street Sheffield

07/04271/CHU St. James Mission Church Furnace Lane 135 Sheffield S13 9XD

07/04296/FUL Land Adjacent To 180 And Opposite 209 To 235 Nidd Road East 140 Sheffield

08/00297/FUL 44 Birley Moor Road Sheffield 148 S12 4WD

08/00345/FUL Land To The West And Garage Site To The East Of Crossland Drive 155 Sheffield

3 08/00371/CHU The Tanning Zone Unit D 166 41 - 43 Spa View Road Sheffield S12 4HE

08/00528/FUL 143 High Storrs Road Sheffield 172 S11 7LG

08/00565/FUL Beck Chapel Beck Road 182 Sheffield S5 0GB

08/00754/CHU Cathedral Church Of St. Peter & St. Paul Church Street 194 Sheffield S1 1HA

08/00769/CHU 8-10 Cambridge Street Sheffield 197 S1 4HP

08/00883/FUL 60-62 Wicker Sheffield 202 S3 8JD

08/00923/OUT Land At Rear Of 59-67 Hall Road 208 Handsworth Sheffield

08/00959/FUL 27 Rothay Road Sheffield 217 S4 8BD

08/01186/FUL 12 Norfolk Row Sheffield 224 S1 2PA

08/01187/LBC 12 Norfolk Row Sheffield 232 S1 2PA

4 5 SHEFFIELD CITY COUNCIL

Report Of The Interim Director of Development Services, Development, Environment And Leisure To The CITY CENTRE, SOUTH AND EAST Planning And Highways Area Board Date Of Meeting: 28/04/2008

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 07/02831/FUL

Application Type A Full Planning Application

Proposal Erection of a three storey building to be used as 12no. 1/2 bedroomed apartments and conversion of single- storey workshop/storeroom into 4no 1/2 bedroomed apartments with associated car parking and landscaping (Amended scheme to 06/04532/FUL)

Location 484 City Road Sheffield S2 1GD

Date Received 24/07/2007

Team CITY CENTRE AND EAST

Applicant/Agent Coda

Recommendation GRA/GC subject to Legal Agreement

Subject to:

1 The development shall 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 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 buildings 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.

3 The gradient of shared pedestrian/vehicular access shall not exceed 1:12 unless otherwise agreed in writing by the Local Planning Authority.

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

4 The buildings 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.

5 There shall be no gates or barriers erected at the means of access to the site unless otherwise agreed in writing by the Local Planning Authority.

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

6 At all times that 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.

7 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 buildings 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.

8 Before the development is commenced, full details demonstrating that the 90 degree bend leading from the access ramp into the car park is fit for purposes shall have been submitted to and approved in writing by the Local Planning Authority. This access shall be implemented in accordance with the agreed details.

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

9 Before the development is commenced details of the following shall have been submitted to and approved in writing by the Local Planning Authority:

a) All external facing and roofing materials (including the submission of material samples) b) All hard landscaping materials (including the submission of material samples) c) Details of window frames and glazing (including the submission of material samples) d) Details of the boundary treatments and means of enclosure throughout the site. e) Design and specification of the Green Roof system for Block A. f) Design of the bin store facility (including the submission of material samples) g) Design of the cycle shelters.

The development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality and to ensure a high quality development.

10 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 reveal depths Recesses Doors Eaves and verges and soffits External wall construction Brickwork detailing (including brick patterns) Balconies Entrance canopies Gates within the boundary treatment to City Road

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

In the interests of the amenities of the locality and to ensure a high quality development.

11 Before the development is commenced, large scale details of the typical elevations and sections at a minimum of 1:20 scale shall have been submitted to and approved in writing by the Local Planning Authority.

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

In the interests of the amenities of the locality and to ensure a high quality development.

12 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.

13 Before the development commences, details of the location, specification and appearance of all new services to the building (including 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) shall have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

14 Before the development commences, details of the design, appearance and land levels of boundary walls, gateways, steps and paths, hardstandings and other elements of the hard landscaping design including the car park shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

15 Before any work on site is commenced, a comprehensive and detailed hard and soft landscape scheme for the whole site shall have been submitted to and approved by the Local Planning Authority. The landscape works shall include details of a landscaped buffer comprising heavy standard tree species between the communal garden area and the adjacent spray paint unit at Cooke’s MOT Garage. 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 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 agreed by the Local Planning Authority.

In the interests of the amenities of the locality.

9 16 The proposed green / brown roof (vegetated roof system) shall be provided on the roofs in accordance with locations shown on the approved plans. Details of the specification and maintenance regime shall be submitted to and approved by the Local Planning Authority prior to works commencing on site. The green/brown roof shall be provided prior to the use of the building commencing unless otherwise agreed in writing. 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 sustainable development.

17 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 - 35 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.

18 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 future occupiers of the building.

10 19 Before the development is commenced, specific details (including height, design and thickness) of the north boundary treatment dividing the application site and the adjacent car garage shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the works shall be carried out in accordance with the approved details.

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

20 Development shall not commence until actual or potential land contamination and ground gas contamination at the site has been investigated and a Phase I Preliminary Risk Assessment, prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004), has been submitted to and approved in writing by the Local Planning Authority.

Should further intrusive investigation be recommended in the Phase I Preliminary Risk Assessment Report, development shall not commence until a Phase II Intrusive Site Investigation Report has been submitted to and approved in writing by the Local Planning Authority. The Phase II Intrusive Site Investigation shall be prepared in accordance with Contaminated Land Report CLR 11 (Environment Agency 2004), and PPS23.

Should remediation be recommended in the Phase II Intrusive Site Investigation Report, development shall not commence until a Remediation Strategy Report has been submitted to and approved in writing by the Local Planning Authority. The Remediation Strategy Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and PPS23.

In the event that remediation is unable to proceed in accordance with an approved Remediation Strategy, or unexpected contamination is encountered at any stage of the Remediation Strategy.

Following 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 Validation Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and PPS23. The site shall not be brought in to use until all the validation data has been approved in writing by the Local Planning Authority on completion of the works outlined in the approved Remediation Strategy Report.

In order to protect the health and safety of future occupiers and users of the site.

21 The windows proposed in the north facing side elevation of Block B shall be fitted with non-opening windows unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

22 Before the development is commenced, full details, including floor plans at a scale of not less than 1:50 demonstrating that a minimum of 25% of the residential units meet Mobility Housing Standards, as set out in the Supplementary Planning Guidance ‘Mobility Housing’ shall have been submitted to and approved by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

To ensure there is an adequate supply of accessible housing in accordance with Sheffield Unitary Development Plan Policy H7.

23 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.

24 No development shall take place until details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved by the Local Planning Authority.

To ensure the development can be properly drained.

25 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.

26 Before the development is commenced, full details of proposals for the inclusion of public art within the development or a financial contribution towards the provision of public art within the vicinity of the site shall have been submitted to and approved in writing by the Local Planning Authority. The agreed details shall then be implemented or agreed financial contribution paid to the Local Planning Authority prior to the occupation of the development unless otherwise agreed in writing by the Local Planning Authority.

In order to satisfy the requirements of Policy BE12 of the Unitary Development Plan and to ensure that the quality of the built environment is enhanced.

27 There shall be no visible rainwater goods on the front elevation of Block A facing City Road (east) and the side elevation facing the site access (north), unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the visual amenities of the locality.

Attention is drawn to the following justifications:

1. The decision to grant planning permission and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance.

BE5 - Building Design and Siting BE12 - Public Art BE15 - Areas and Buildings of Special Architectural and Historic Interest BE19 - Development affecting Listed Buildings H5 - Flats, Bed-sitters and Shared Housing H6 - Short-term Accommodation for Homeless People 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

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

1. 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.

2. 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.

3. Before the development is commenced, a dilapidation survey of the highways adjoining the site shall be jointly undertaken with the Council and

13 the results of which agreed in writing with the Local Planning Authority. Any deterioration in the condition of the highway attributable to the construction works shall be rectified in accordance with a scheme of work to be agreed with the Local Planning Authority.

4. 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.

5. The Applicant is advised that an existing bus shelter (ref:0023221) lies outside the application site on City Road. The Applicant should contact the South Yorkshire Passenger Transport Executive (SYPTE) to arrange this shelter to be removed and relocated (at the developers expense). This removal should be undertaken by SYPTE to ensure the shelter is not damaged.

The removal of the shelter needs to be undertaken prior to commencement of the development on site to ensure the safety of pedestrians and passengers boarding and lighting at this stop. Should the access points into the development require the repositioning of the shelter from this current location, the sighting is subject to agreement from South Yorkshire Policy, Sheffield City Council and SYPTE.

14 Site Location

LOCATION AND PROPOSAL

The application site is a rectangular shaped site located on City Road directly opposite City Road Cemetery’s main entrance. The Cemetery is Sheffield’s largest and the entrance’s gateway, lodge and boundary wall (1878 – 1881) have Grade II Listed Building status.

The site is currently occupied by ‘K’s Memorials’ and ‘K’s Funeral Service’ and contains associated buildings. ‘K’s Memorials’ relates to memorial masonry and comprises a single-storey workshop/showroom for the display and manufacture of grave memorials. ‘K’s Funeral Service’ is a funeral directors currently operated from a detached house that exists on the site’s City Road frontage. There is a two- storey extension attached to the rear of this house relating to both the memorial (ground floor) and funeral service (first floor).

At the rear of the site exists a large red brick building that has planning approval to be used as a funeral car garage and workshop for the production of memorial stones. This building is approximately 22.3m (long) x 10m (wide) x 7m (high) and the frontage is divided into four separate large bays. The remainder of the site is used for the display and storage of memorials and materials. Members are advised, however, that the use of this external area for such a purpose is in breach of a previous planning approval at this site (Planning Application: 01/10490/FUL).

With regard to topography, the application site slopes in two directions – one from north to south along City Road, and the other from east to west towards the rear of the site.

City Road is a key route leading towards the city centre and the application site is surrounded by a variety of land-uses. To the immediate north is the funeral director’s floral shop, Cooke’s MOT garage and the City Road Garage (car sales). To the immediate south are Victorian terraced dwellings. To the east of the site on the opposite side of the road is City Road Cemetery – a Grade II Registered Park and Garden. The land to the west of the site is currently undergoing residential development as part of the Norfolk Park regeneration project.

This application seeks to erect 16 apartments comprising a mix of 6 one-bed units and 10 two-bed units with associated car parking spaces and landscaping. The current use of the site will cease and allow the relocation of the existing businesses to more suitable and larger premises elsewhere in the city. The design approach is contemporary and the development is contained within two buildings – one is situated at the front of the site addressing City Road and one at the rear. The two buildings are separated by the scheme’s car park accommodation.

The main front building is particularly modern and somewhat of a contemporary take on the adjacent Victorian terraces. It is 2-storeys high on the City Road elevation and increases to 3 storeys at the rear due to the topography of the site. This building contains 12 apartments (8 one-bed units and 4 two-bed units) and is proposed to be constructed from a traditional red brick material. The workshop at the rear will retain its existing form and be refurbished into 4 duplex apartments with a mezzanine level and a large glazed frontage. Vehicle access into the site is at the right, when viewed from City Road, and this leads to 17no. car parking spaces (including 4 disabled spaces) as well as a bike storage facility. There is approximately 146m sq. of communal garden space proposed in the north-west corner of the site adjacent to the rear block.

RELEVANT PLANNING HISTORY

There is planning history at this site which dates from 1956 to 2007. A large proportion of the recent planning histories relate to the site’s current use as a funeral directors and memorial mason.

Most recently, Members may recall that a planning application to erect 21 apartments was refused by the Area Board on 20th February 2007

16 (06/04532/FUL). This scheme offered an unsatisfactory design and residential environment for existing and future residents.

Members should also note that a Breach of Condition Notice was served on ‘K Memorials’ on 15th January 2007 as the occupiers are currently acting in breach of conditions 6 and 11 of planning application 01/01090/FUL (funeral car garage and workshop) which was approved in March 2002. Condition 6 stipulated that the approved turning area should be kept clear at all times for the turning of vehicles and Condition 11 required no storage or display of goods or materials outside the approved buildings.

Finally, Members are reminded that full planning permission was granted for residential development on the land positioned immediately beyond the rear of the application site by the Area Board of 27 November 2006 (06/02627/FUL). The site is part of the Norfolk Park Regeneration Area (Site 8) and the development comprises 91 residential units. This development is currently being constructed on site.

SUMMARY OF REPRESENTATIONS

The application has been advertised by means of neighbour notification, site notice and press advert. No representations have been received.

PLANNING ASSESSMENT

Policy Issues

Sheffield Unitary Development Plan (UDP)

The site falls within a designated Housing Area in the Council’s adopted UDP and therefore Policy H10 applies. This policy relates to development in Housing Areas and advises that housing is the preferred use at this location. The site also falls within the definition of previously developed land and will result in the removal of an existing problematic industrial use. Therefore, the principle of residential development at this site is considered to be acceptable. The proposal is, however, subject to wider policy considerations.

Policy H14 sets out parameters on the conditions of development in housing areas and its relationship to existing development. Policy H15 relates to the design of new housing developments and seeks to ensure that proposals at least provide adequate garden space. Furthermore for development of 5 dwellings or more, Policy H16 requires appropriate provision or enhancement of open space to cater for the local needs of new residents.

Policy H5 allows the creation of flats, bedsits and multiple sharing houses if a concentration of such uses would not cause a serious nuisance to existing residents, would provide satisfactory living conditions for occupants of the accommodation and their immediate neighbours, and would provide appropriate off street car parking.

17 Policy H7 encourages the provision of a proportion (25%) of mobility housing within a development, except where the physical characteristics of the site or buildings make it impractical.

Policy H16 requires an assessment of Open Space provision to be undertaken within the catchment area of the site, and where an area has insufficient space, secure a contribution from the developer towards the enhancement or provision of open space elsewhere.

Policy BE5 seeks to achieve good design and the use of good quality materials. It states specifically that new development should complement the scale, form and architectural style of surrounding buildings, and take full advantage of the site’s natural and built features.

Policy BE12 relates to public art and states that the provision of works of public art in places which can be readily seen by the public will be encouraged as an integral part of the design of major developments.

Policy BE15 states that development that would harm the character or appearance of listed buildings will not be permitted. Policy BE19 further advises that it is important to conserve not only the exterior of a listed building but also its surroundings and that often the street and wider setting can be as important as the special interest of the building as the building itself.

City Road Neighbourhood Development Framework (NDF)

The City Road NDF is relevant to this site and provides a vision for the area being studied to become part of a more sustainable community in South Sheffield. The intention is for this document to be adopted by the Council as a material consideration therefore embedding principles into the planning framework. The vision for the City Road corridor and Manor Top is to make it more of a ‘destination’; a place of purpose and a place to belong rather than a place to ‘pass through’.

Planning Policy Statement 1: Delivering Sustainable Communities (PPS1)

This guidance seeks to ensure a high quality of design in all new developments. Paragraph 34 states that “…design which is inappropriate in its context, or which fails to take the opportunities available for improving its character and quality of an area and the way it functions should not be permitted…”

Planning Policy Guidance 3: Housing (PPS3)

PPS3 promotes the location of new housing developments on previously developed sites and in sustainable locations where they are accessible by a choice of modes of transport and close to a range of facilities. The site is clearly developed, is well served by a range of public transport services and is conveniently located for employment and services within the city centre. Therefore, the proposal is considered to reflect the aims of PPS3.

18 Planning Policy Guidance 15: Planning and the Historic Environment (PPG15)

This guidance seeks to ensure identity and to protect historic buildings, conservation areas and other elements of the historic environment.

Design Issues

The application site has a prominent position on City Road. Within the immediate context, the residential properties are Victorian terraces constructed from red brick with slate roofs and ground floor bay windows. They are positioned close up to the public footpath with small front gardens and long narrow rear gardens. The terraced ridgelines step downwards accordingly in order to respond to the sloping topography of City Road.

It is considered that the main apartment block (Block A) addressing City Road offers a contemporary design approach to the existing traditional terraces of the area. The building steps down and addresses the back edge of the public footpath which is welcomed. The 4no. ground floor apartments also include a short front garden entrance and gates, which further helps to reinforce the historic and existing street pattern of the area. It is furthermore considered that this building would have a positive impact on the streetscene by creating an active frontage during both day and night and replacing what is currently an inactive and dead space.

The overall design of the scheme is considered to be good quality and a significant improvement on the original scheme which was refused. However, it is must be stressed that execution of the architectural detailing to a high standard and use of high quality materials is imperative to ensure that such quality is maintained. The elevations do not contain so much detail and is instead characterised by projections, set backs and a simple material palette. For example, the Block A’s frontage is heavily characterised by four tall bays which surround the main openings to the ground and first floor apartments. These bays give the scheme a strong vertical emphasis and provide good architectural modelling and detailing. The bays also provide a balcony feature for the first floor apartments and replicate the bay window features of the traditional terraced dwellings.

The scheme utilises both traditional and modern materials which is acceptable. The building is to be constructed from a traditional red brick with a small quantity of timber panels providing additional detailing where necessary. The windows and door openings are considered to be generous in size and will comprise light grey aluminium frames. A lead capping detail is also proposed on the roof of the projecting bays. Block A includes a green roof system on its roof which is a positive sustainability feature.

The size, scale and massing of the development is considered to be acceptable at this site. Block A is 2-storeys at the front and steps down to 3-storeys at the rear, which is a similar arrangement to the existing properties along City Road. Furthermore, the plans clearly indicate that the new building will be smaller in height and depth to the adjacent terraced properties to the south, thus respecting the existing character of this area.

The rear of the Block A, the simple design approach and the red brick palette with timber detailing is continued in a similar manner to the front elevation. The detailing comprises set backs and projections, although there are no balconies proposed.

Due to the proposed refurbishment of the existing rear block (Block B), there is a limited amount design alterations proposed. The building retains its existing size, scale, mass and overall character, including the red brick shell and the 4 large openings that are proposed to form the main entrances and window openings to each duplex apartment. The main alterations occur internally with each unit comprising a living, dining and kitchen area at ground floor level and 2 bedrooms at a mezzanine level. The retention and re-use of this building is considered to be a sustainable approach and it is felt that the existing scale ensures that the overall scheme has a respectful relationship with the topography of the application site and the amenity of surrounding and proposed buildings.

Sustainability Issues

The proposal incorporates a green roof and the re-use of an existing building on the site. The site is also in a very sustainable location in terms of local facilities and public transport infrastructure and a secure cycle store is also provided on site.

Impact on the Listed Building

The proposed contemporary design is very different to that of the Grade II Listed cemetery gates. The scale, height and massing of the scheme is much smaller than the gates and the design less intricate. The scheme is not a pastiche approach and the material palette is very different and more characteristic of the adjacent Victorian terraces. It is considered that the development would provide good quality buildings that sit comfortably within the existing character of the streetscene and complement rather than compete with the historic gates. Furthermore, the development would replace an industrial premises that currently offers no visual amenity value or setting to the area. Therefore, it is considered that development would work well as a background building at this location - introducing a new contemporary development to the area yet preserving the character of the cemetery gates and enhancing their existing setting - subject to a high standard of architectural detailing and material finish being achieved.

Amenity of Future Residents

The main potential for overlooking occurs between the proposed accommodation in Block A and Block B, by virtue that they are situated in tandem. A distance of 21 metres is achieved between these blocks, which given the height difference between them is somewhat of a shortfall in terms of the Council’s standards. However, 21 metres across a car park area remains a significant distance for apartment accommodation of this nature and given the wider redevelopment and sustainability benefits generated by this proposal such a shortfall does not raise such significant concern to warrant the refusal of this application.

20 Members are advised that a number of the units within this development are single aspect with windows and doors facing in the same direction due to site constraints (e.g. topography). This includes the 4no. ground floor units in the front block which have main entrance and window openings on the rear elevation overlooking the main car park area. In order to compensate, these units have been designed with an open plan layout and incorporate large window/door openings to allow light into the elevations. These units also have access to small terraced areas outside their main entrance. Given this design approach and the south-west facing orientation it is considered that these units, on balance, would provide a satisfactory housing environment at this site.

There is a limited provision of on-site open space. There is, however, a small communal garden space proposed in the north west corner of the site adjacent to the refurbished workshop that is approximately 146 sq. metres in total area (or 9.125 sq. metres per apartment). A number of the flats also have access to small private balconies and terraces. Given the above, and the site’s proximity to Norfolk Park and good public transport links to other nearby parks and locations, the open space provision is considered to be acceptable.

Environmental Protection Issues

The main environmental issue is the noise created by surrounding sources and the impact this would have on future residents. Noise surveys have been carried out to assess the background noise levels and it is concluded that the main noise source affecting the site is road traffic from City Road. The surveys demonstrate that the site falls within Noise Exposure Category (NEC) C and D – the front elevation of Block A overlooking City Road being the worst affected. PPG24: ‘Planning and Noise’ advises that for NEC C noise, planning permission should not normally be granted and where it is considered acceptable conditions should be imposed to ensure a commensurate level of protection against noise. PPG24 recommends that NEC D noise should normally be refused.

Whilst these facts are noted, in reality it is considered that this noise issue is not sufficient to warrant the refusal of this application. It is considered that the context of the site must be realised – in particular the fact that it is within an established Housing Area containing many existing residential properties fronting onto City Road. Furthermore, Block A is laid out in such a manner as to ensure that the bedrooms at the back of the apartments overlooking the internal car park and not City Road. It is therefore deemed unacceptable to refuse this application on such grounds.

Additionally, it is acknowledged that some nuisance could be generated by Cooke’s MOT Garage located adjacent to the site’s north boundary. The garage’s spray painting facility is located on this boundary which has the potential to generate excessive noise (i.e. spraying and sanding vehicles) and potential odour. Although unrestricted, this is predominantly a daytime use and given the position of the new units and their proposed window specification it is considered that any potential noise and odour issue would impact more upon the external areas – such as the communal garden space. It is considered that the existing height and design of the flue with appropriate cowl and the construction of a high standard boundary

21 treatment (of good height and thickness) adorned with an appropriate landscape treatment along the north boundary between the proposed residential and garage use would help to mitigate against any potential nuisance generated by the garage.

Members are advised that an Olfactometry Sampling Report carried out in order to measure the odour created by the spray paint facility. However, this report does not arrive at any firm conclusions which is regrettable. It is noted, however, that there have been no complaints about this garage from Council officers visiting the site or surrounding residents who live in close proximity of the use. Other residential development has also recently been approved to the immediate rear of the site. It is understood that there is additional Statutory Noise Nuisance legislation that could be employed if it found that the garage facility becomes a problematic neighbour in the future.

Highway Issues

The car parking provision for this scheme does not meet current standards for off- street parking, which is 1.25 spaces per flat. 17no. spaces are proposed and this equates to a ratio of 1.06 spaces per flat; the scheme cannot address this shortfall within the limits of the current design and layout. However, taking into consideration the public transport facilities on nearby routes it is considered that this slight under-provision is acceptable on this occasion. Indeed, City Road is a high frequency public transport route - carrying both bus and Supertram services - and there is a bus stop currently positioned immediately outside the site.

On balance, this scheme offers no other significant highway concern and it is considered that outstanding highway matters can be addressed by appropriate conditions.

Mobility Housing Issues

It is intended that at least 25% of the scheme’s units will be designed to mobility standards and a number of design amendments have occurred during the application period in order to overcome access issues within the scheme. Officers’ are currently awaiting the final amended site layout at the time of writing this report and these amendments follow a meeting with the Applicant’s architect. Member’s will be updated and advised further on these issues at the Area Board Meeting.

Open Space Issues

Under the terms of UDP Policy H16, the applicant’s are required to make a contribution in order to meet the open space needs of future residents. In this case the contribution equates to £8,621.10 and this is to be secured by a planning obligation. It has been confirmed that the monies will go towards the improvement of the existing local space.

SUMMARY AND RECOMMENDATION

The application proposal is considered to be acceptable at this site. The removal of an existing and problematic industrial use in this Housing Area is welcomed and

22 the proposed residential development is deemed much more consistent with relevant UDP policies.

The scheme is considered to be a significant improvement on the previously refused submission. The contemporary building design is of a good architectural and sustainable standard which would enhance the visual amenity of the locality. The scheme also makes good use of a simple materials palette that will appear both modern and traditional. Overall, it is considered that the proposal would have an acceptable relationship with existing Victorian terraced properties along City Road and the Grade II Listed cemetery gates. The development does not compete with its surroundings and it is considered that the new development would improve the overall setting in accordance with relevant local and national policy and guidance.

The proposed amenity value is considered to be satisfactory for apartment accommodation of this nature. Furthermore, the scheme’s environmental quality is considered to be satisfactory subject to attenuation works that will be imposed by condition. This is a housing area surrounded by existing and new residential development and as such the noise and odour issues are not considered to be so significant to warrant the refusal of this application.

The applicant has not at the time of writing this report submitted a Section 106 agreement and therefore the scheme does not comply with Policy H16. The application is considered acceptable in relation to all other matters and therefore a duel recommendation is appropriate in this case.

It is therefore recommended that the Area Board grant conditionally in accordance with the amended plans and subject to a legal agreement.

HEADS OF TERMS

− provide on or before the commencement of the development a financial contribution of £8,621.10 to be used by the Council towards the enhancement of public open space within the vicinity of the site.

− ensure that the future occupiers of residential accommodation on the site are made aware that should they choose to open windows to the accommodation, they could be subject to noise from traffic and businesses in the area surrounding the site, and that the scheme has been designed to minimise noise nuisance provided that the windows are kept closed.

In the event that a satisfactory S106 planning obligation covering the Heads of Terms set out in the preceding paragraphs is not concluded before 28th April 2007 (in order to meet the Government’s target time for determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

Case Number 07/03025/CAC

Application Type Conservation Area Consent Application

Proposal Demolition of Buildings

Location Site At Dun Street, Dun Lane And Dunfields, Adjacent To The Old Bull's Head Dun Street Sheffield S3

Date Received 25/07/2007

Team CITY CENTRE AND EAST

Applicant/Agent Russell Light

Recommendation Grant Conditionally

Subject to:

1 The development shall 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.

In the interests of the future development of the area.

Attention is drawn to the following justifications:

1. The decision to grant conservation area consent and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance.

BE16 - Development in Conservation Areas

This informative is intended as a summary of the reasons for grant of planning permission.

Site Location

For report see 07/03031/FUL

Case Number 07/03031/FUL

Application Type A Full Planning Application

Proposal Erection of 85 flats with commercial use (Class B1 Business) on ground floor in 1 x 4/5 storey building with basement car parking (In accordance with additional information received 10/04/2008)

Location Site Of Dun Street, Dun Lane And Dunfields, Adjacent To The Old Bull's Head Dun Street Sheffield 3

Date Received 24/07/2007

Team CITY CENTRE AND EAST

Applicant/Agent Russell Light

Recommendation GRA/GC subject to Legal Agreement

Subject to:

1 The development shall 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 A sample panel of the proposed brick and stainless steel cladding shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of 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.

26 4 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 Cills and lintels Brickwork detailing Rainwater goods External lighting (Including methods of fixing it to the building)

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

In order to ensure an appropriate quality of development.

5 The building shall not be used unless provision has been made within the site for accommodation of delivery/service vehicles. 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.

6 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 building 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.

7 Before the development is commenced, full details of suitable and sufficient car parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority and the building shall not be used unless such 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.

8 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:

The footway shall be reconstructed to the entire perimeter of the development site approximately a distance of 120 metres (in accordance with the Urban Design Compendium Specification).

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.

9 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.

10 There shall be no gates or barriers erected at the means of access to the site unless otherwise agreed in writing by the Local Planning Authority.

In the interests of traffic safety and the amenities of the locality to ensure access is available at all times.

11 Prior to the commencement of development, a Framework Travel Plan, designed to reduce the need for, and impact of, motor vehicles, increase site accessibility and to facilitate and encourage alternative travel modes, shall have been submitted to and approved in writing by the Local Planning Authority.

The Framework Travel Plan shall include:

i. Clear and unambiguous objectives, modal split targets and an indicative programme of implementation, monitoring, review and reporting; and, ii. Details of arrangements to inform future occupiers of the requirement to develop and implement detailed Travel Plans, in accordance with the approved Framework Travel Plan and the condition outlined below.

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.

12 Prior to the occupation of any part of the development, a detailed Travel Plan, designed to reduce the need for, and impact of, motor vehicles, increase site accessibility and to facilitate and encourage alternative travel modes, shall have been submitted to and approved in writing by the Local

28 Planning Authority. Where there has been a previously approved Framework Travel Plan for the proposed development, the detailed Travel Plan shall be developed in accordance with it.

The Travel Plan shall include:

i. Clear and unambiguous objectives and modal split targets; ii. An implementation programme, with arrangements to review and report back on progress being achieved to the Local Planning Authority for written approval of actions consequently proposed, at intervals of one, three and five years from occupation iii. Arrangements to carry out a user survey(s), the results of which shall be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

On occupation, the approved Travel Plan shall thereafter be implemented, subject to any variations 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.

13 The development shall not be begun until a scheme to provide 2 No. publicly accessible car parking bays, designated and signed for Car Club vehicles, has been submitted to approved in writing by the Local Planning Authority and either:

i. carried out in accordance with the approved details and thereafter retained; or ii. arrangements have been entered into for an alternative scheme, approved in writing by the Local Planning Authority, to promote Car Club use.

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.

14 Surface water discharge from the completed development site shall be restricted to a maximum flow rate of 5 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.

15 Notwithstanding the terms of the Town and Country Planning (Use Classes) Order 1987, or any statutory instrument revoking and re-enacting that Order, the 710 sq.metres of ground floor area fronting Dun Street, as shown on the approved plans, shall be used solely for the purpose of office use and for no

29 other purpose within Use Class B1 (Business) without the prior written approval of the Local Planning Authority.

To ensure the provision of an appropriate proportion of Business space within this defined Business area, in accordance with the St Vincent's Action Plan.

16 No piles shall be driven within 10 metres of the line of the Don Valley Interceptor Sewer which crosses the site and no building shall take place within 10 metres of any Don Valley Interceptor Sewer shaft access point.

In order to ensure the structural integrity of the sewer.

17 The site shall be developed with separate systems of drainage for foul and surface water on and off the site.

In the interest of satisfactory and sustainable drainage.

18 No development shall take place until details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

19 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.

20 The proposed green / brown roof (vegetated roof system) shall be provided on the roofs in accordance with locations shown on the approved plans. Details of the specification and maintenance regime shall be submitted to and approved by the Local Planning Authority prior to works commencing on site. The green/brown roof shall be provided prior to the use of the building commencing unless otherwise agreed in writing. 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 sustainable development.

21 The approved landscape works shall be implemented prior to the use of the development commencing or within 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

30 five year period shall be replaced unless otherwise agreed by the Local Planning Authority.

In the interests of the amenities of the locality.

22 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 predicted carbon emissions from the development will result in a improvement on the Building Regulations Target Emission Rate. The report shall demonstrate how this will be achieved using any combination of on-site renewable energy equipment, decentralised or low carbon energy sources or energy efficiency measures.

Any agreed renewable 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. 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.

23 Finished floor levels of the development allowed by this permission shall be set no lower than 49.86 metres above Ordnance Datum.

To reduce flood risk, as recommended in the Flood Risk Assessment.

24 The entrance to the car park of the development allowed by this permission shall be set no lower than 49.6 metres above Ordnance Datum.

To reduce the risk of water entering, as recommended in the Flood Risk Assessment.

25 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 acoustic report Hepworth Acoustics 4133 lvl, dated July 2006

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 ducted to all habitable rooms on the Green Lane elevation.

31 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.

26 Prior to occupation of the building, noise control measures for the commercial uses shall be submitted to and approved in writing by the Local Planning Authority and thereafter, shall be retained

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

27 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 2300 hours and 0700 hours.

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

28 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.

29 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,

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

32 30 Details and location of any fume extraction systems 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 occupiers of adjoining property.

31 Before the development is commenced, full details of proposals for the inclusion of public art within the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall then be implemented prior to the occupation of the development unless otherwise authorised in writing by the Local Planning Authority.

In order to satisfy the requirements of Policy BE12 of the Unitary Development Plan and to ensure that the quality of the built environment is enhanced.

32 Prior to the commencement of any work on site, a detailed scheme for the foundation design and all new ground works shall have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

To ensure that ground disturbance is restricted to a minimum and is carried out in the agreed manner to preserve archaeological remains in situ.

33 No development work, including ground clearance and demolition 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 written scheme of investigation that has been submitted to and approved in writing by the Local Planning Authority.

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.

Attention is drawn to the following justifications:

IB9 - Conditions on Development in Industry and Business Areas BE5 - Building Design and Siting H16 - Open Space in New Housing Developments H4 - Housing for People on Low Incomes BE16 - Development in Conservation Areas H7 - Mobility Housing GE20 - Flood Defence BE22 - Archaeological Sites and Monuments

This informative is intended as a summary of the reasons for grant of planning permission.

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.

3. 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

4. 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

34 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

LOCATION AND PROPOSAL

The application site is 0.18 hectares in size and rectangular in shape and is bound on three sides by roads; Dun Street to the northwest, Dun Lane to the southwest and Dun Fields to the southeast. The site currently comprises of predominantly hardstanding with two blocks of industrial workshops; one to the northeast end of the site adjacent to Cornish Works and one to the Dun Fields frontage. Within the red line boundary is ‘The Old Bull’s Head’ which has been converted into office accommodation and a property and chattel auctioneers (Use Class A2).

35 The entire site lies within the Kelham Island Conservation Area with guidance in the Urban Design Compendium for Kelham Island. The application site area also falls within the boundaries of the St. Vincents Quarter and is within a General Industry Area without Special Industries as defined in the Sheffield Unitary Development Plan.

The surrounding area now comprises of a mix of uses rather than predominantly industrial use with various sites having gained planning permission for redevelopment as residential accommodation with complementing office and pub/coffee shop uses with some developments completed and others already under construction with a view to creating a mixed and sustainable community in this part of the City.

Full planning permission is sought for the erection of 85 flats (comprising of 70 x 1- bed, 14 x 2-bed and 1 x 3-bed) with commercial office space (Use Class B1 business) on the ground floor in a 1 x 4/5storey building with basement car parking. The Old Bulls Head is to be retained as existing.

RELEVANT PLANNING HISTORY

A change of use application was granted conditionally for the use of land and buildings as auction, warehouse and offices (Application 04/01146/CHU refers).

A full planning application for the erection of 59 flats (40 x one-bedroom, 13 x two- bedroom, 3 x three-bedroom and 3 studio flats) was recommended for refusal but withdrawn prior to a decision. The building was proposed to be generally three- storeys in height with a seven-storey element on the Dun Fields elevation with basement car parking accommodation and was considered to be out of scale with the surrounding area and also did not include any B1 Business use and as such, it would also be contrary to the aims of the St Vincents Action Plan (application 06/02956/FUL refers). A Conservation Area Consent application accompanied the scheme for the demolition of the existing workshops in connection with the redevelopment of the site. This application was also withdrawn as a successful redevelopment scheme was not agreed (application 06/02964/CAC refers).

Conservation Area Consent is required for the demolition of the existing workshops in connection with the redevelopment of the site. This application is considered in the following planning assessment (application 07/03025/CAC refers).

Relevant planning history for the surrounding/adjacent sites include; the adjoining site of the Cornish Steel Works gained planning permission for the erection of 33 apartments in a 3 and 4 storey building with ground floor office accommodation and car parking (see application 06/02586/FUL). Opposite the application site on the Dun Street elevation, construction work has commenced for the erection of 132 apartments with ground floor bar/restaurant/takeaway/shop/office and bar and associated car parking (04/02069/FUL). Planning permission has also been gained on the sites on the opposite side of Dunfields up to Acorn Street for conversion of existing buildings and construction of 3 x 4/5 storey linked blocks to provide 138 residential apartments and 658 sq.metres of office accommodation

36 (see 06/04904/FUL) and 61 apartments in 2 x 4-storey blocks and 5 car parking spaces (see 06/04909/FUL

SUMMARY OF REPRESENTATIONS

The application was advertised by press notice, site notice and by neighbour notification letters.

Two letters of representation were received and raised the following comments summarised below: − Consider that compared to other developments taking place in the area which are up to eight storeys in height, the current proposals may blend in with ease − Raised issues experienced in the area during construction of the surrounding buildings such as debris, dust, noise etc and requesting relevant conditions to avoid similar situations in the building of this development − Area is already full of empty flats that have been bought to let − Will overshadow the clock gates at the old Tyzak steel works and would be out of place in an old Victorian area

The following key statutory consultation responses have been received:

Conservation Advisory Group: The Group welcomed, in principle the scale of the scheme, its aim to perpetuate the character of the Kelham Island Industrial Conservation Area, in terms of its form and details and the proposed roof treatment.

English Heritage: Did not wish to offer any comments on this occasion. Noted the lowering of the height of the tallest element from the previous application which was welcomed. Recommends that the application should be determined in accordance with national and local policy guidance.

PLANNING ASSESSMENT

Policy Considerations and Land Use

The application site falls within a General Industry Area without special industries as defined in the adopted Sheffield Unitary Development Plan. Policy IB5 ‘Development in General Industry Areas’ states that business (B1) use is an acceptable use. Housing (C3) is considered to be an unacceptable use and given that the application includes housing, this application is contrary to Policy IB5 of the adopted UDP and has been advertised as a departure from the Plan.

UDP Policy IB9 ‘Conditions on Development in Industry and Business Areas’ seeks to limit development that would prejudice the dominance of business and industry in this area, and require that residents should not be made to suffer unacceptable living conditions by way of noise, air pollution or ground contamination. UDP Policy H12 (b) seeks to create new sustainable communities in the City Centre and

37 states that housing (C3) should not ‘suffer from unacceptable living conditions, including air pollution, noise, other nuisance or risk to health and safety’.

National advice in Planning Policy Statement 3 on Housing supports the creation of mixed and sustainable communities which offer good access to jobs, key services and infrastructure and which make effective use of vacant land. It also states that Local Planning Authorities should consider favourably applications for housing or mixed use developments on land allocated for industrial or commercial use if it is appropriate to reallocate the land.

Whilst residential accommodation is contrary to Policy IB5 of the Unitary Development Plan, it is also relevant to acknowledge that the application site lies within the St Vincent’s Quarter which is subject to the St Vincent’s Action Plan (2004-2014) adopted in December 2004 and which represents a material consideration in the determination of this application. The Action Plan has been produced to update existing planning policy prior to the completion of the new Sheffield Development Framework as a response to increasing pressure for development in this inner-city area and provides a vision of the area to both live and work as long as living conditions for residents are such that the UDP policies can be satisfied.

The application site lies within a designated ‘New Business Area’ as defined in the St Vincent’s Action Plan which states that Business (B1) is the preferred use with Housing (C3) – other than at the ground floor, considered an acceptable use. The dominant use in this mixed-use area is to be the preferred B1 business use (50% +) and as such, business uses would be expected to form a significant part of any redevelopment proposal with acceptable uses considered favourably if they are making a vital contribution to the delivery of substantial office space.

As such, with the above policy framework in mind, the principle of residential development in the former General Industry Area is acceptable and the private units are welcomed to address the wider balance in the St Vincent’s Area.

Proportions of floor space

The new build provides 710 sq.metres of B1 office space at ground floor level, accessed off Dun Street with 5 car parking spaces assigned to the office use. Within the red line boundary, is the Old Bull’s Head which is currently occupied by ‘Ellis Willis & Beckett’; property and chattel auctioneers, chartered valuation surveyors and estate agents. Although the use of the building does not fall within Use Class B1, (its use is defined as Class A2) it is considered to complement the proposed provision of commercial space on the Dun Street elevation providing life to this frontage of the development throughout the day and also includes 6 parking spaces associated with this element.

The balance of uses can be calculated as 18% B1 offices, 7% existing A2 use and 75% residential space (floor area of individual flats excluding communal circulation and roof spaces) with an overall balance of 25% non-residential and 75% residential (calculated based on the useable and saleable floor areas). As such, the office element represents approximately 18% of the total floor space and does

38 not provide a dominant B1 business use and therefore conflicts with the approach set out in the Action Plan.

It is recognised that the site is not in a prominent location in terms of office development and does not have a frontage onto the Shalesmoor stretch of the new Inner Ring Road. The proposed office frontage is in the preferred location to complement that on the site opposite fronting Dun Street. It is noted that there is an element of residential accommodation on the ground floor fronting Dunfields but the width of the street and the fact that the surrounding developments have sited office accommodation away from Dunfields onto the Green Lane frontage, it is not considered appropriate to insist on provision of B1 space through to this frontage. The floor plate provided would be at the lower end of the optimum desired size of 7-12 000sq.ft but which would still be a sufficient size to attract a suitable end user.

The Action Plan states that ‘Other acceptable uses (including residential) will be considered favourably where it can be demonstrated that they are making a vital contribution to the delivery of substantial office space within the application, for example by ensuring overall financial viability. The applicant has submitted additional evidence that there is significant areas of vacant office space in the immediate locality and the site is restricted in the number of useable frontages to successfully develop commercial space. There have been instances where the desired proportion of office use has not been achieved; for example, the site opposite created 138 residential apartments and 658 sq.metres of office space.

Consequently, it is considered that the current breakdown of uses would be acceptable providing a mixed use development which includes a proportion of the preferred office use with residential units to increase the residential community in this part of Kelham Island.

Scale, Massing and Design

The application site falls within the Kelham Island Conservation Area and therefore, UDP policy BE16 ‘Development in Conservation Areas’ is applicable and states that new buildings should preserve or enhance the character or appearance of the Conservation Area. Policy BE5 ‘Building Design and Siting’ also states that new buildings should complement the scale, form and architectural style of surrounding buildings and be on a human scale wherever possible using a variety of materials and with the overall mass of buildings broken down with special architectural treatment given to corner sites to create a lively and interesting environment.

The scheme proposes 4-storeys of accommodation with B1 office space extending across from the Dun Street elevation into the centre of the site with perimeter flats around from Dun Lane to Dunfields. The roof of the commercial area forms a central courtyard area with a perimeter building comprising of residential units on the upper floors with a fifth floor of accommodation abutting up to the adjacent Cornish Works site forming the upper level of 3 maisonette flats.

The Urban Design Compendium includes a section on Kelham Island describing the character and influences of the area and indicates principles to be adhered to

39 when developing the Area. The area contains historic and listed buildings with some modern industrial developments with building heights varying between 2- 5storeys. It is stated that; “new developments must respect the scale, height, proportion and materials of the existing historic built form to ensure retention of the quarter’s distinctive character, in accordance with Sheffield City Council’s Conservation Strategy. Generally, building heights will not exceed the existing maximum of 5 storeys”.

It goes on to say that “taller buildings may be developed along the completed Inner Ring Road section to reinforce this gateway route. A transitional form to the 2-5 storey height of the remainder of the quarter is essential”

As such, the proposed scale of the building is considered to conform with the guidance for the area and is an appropriate height and scale for its position ensuring that it would not unreasonably compete with any of the taller features or buildings in the surrounding area complementing the urban form of the locality and maintaining the character of the Conservation Area.

The layout proposed with buildings constructed to back of pavement line helps define the regular street pattern and is characteristic of the area. The rooflines vary in the locality so flat roofs are also considered acceptable.

The elevational plans indicate that materials proposed are brickwork to match the surrounding existing buildings, precast concrete coping and sills, and the facades are punctuated with large glazed window openings. The windows are 2-3 storeys high evoking the large openings found in industrial buildings with each of these windows serving several rooms/flats and are fenestrated to allow flexible division of space behind them and the inclusion of opening lights.

The architecture proposed is welcomed as the sense of detail and materials proposed replicate industrial features and generally would sit well in the surrounding context and be a positive contribution to the Conservation Area.

Heavy steel lintels with sculptural decoration span the window openings and it is envisaged that art work would adorn the central bosses alluding to the celebrated cast steel lintels on the Vicker’s building in Carlisle Street. This approach of integrating the public art into the design has been accepted with further details to follow through the attachment of the relevant condition.

Impact on the Conservation Area

The application site lies within the Kelham Island conservation area. The site is occupied by traditional brick built workshops in two blocks; one to the Dun Fields elevation and one to the rear of the site backing onto the adjacent Cornish works site and the rest of the development site is vacant with the Old Bulls Head building being retained and unaffected by the proposal. The two workshop blocks are proposed for demolition as part of the redevelopment scheme.

The blocks in question are examples of late industrial development but are not uncommon in the vicinity and do not provide any special setting to the nearby

40 Green Lane works Listed building. The blocks as outlined in the St Vincent’s Action Plan are considered as neutral/poorer quality buildings providing the greatest opportunity for transformation. As such, the loss of such workshops will not significantly erode the industrial architecture or detrimentally affect the character of the Conservation Area and is appropriate in relation to the acceptability of the redevelopment scheme.

Sustainability Issues

A number of features have been integrated into the scheme to contribute towards the sustainability of the development.

Green roofs are to be integrated onto the building which will encourage wildlife and moderate the rate of surface water run off as well as providing an amenity for residents. The applicant has developed the provision of the green roofs with ‘The Green Roof Centre’ and proposes 4 separate areas of green or vegetated roofing comprising of; communal terrace, courtyard, apartment terraces x 7 and an inaccessible southerly terrace. As such, 2 specifications of green roof are to be used and specification details have been provided. Rainwater is also to be harvested from the extensive green roofs.

A bank of solar panels are proposed on a south facing, sloping roof which will make a significant contribution to the energy requirements of the communal areas of the scheme. The scheme also maximises on available daylight through generous glazed areas and light wells, both in the circulation areas as well as in the apartments themselves.

The structure of the upper floors of the building is to be built using a timber frame construction, which has clear environmental advantages over steel or concrete. According to the European Commission, substituting one cubic metre of wood for other building materials results in 0.8tonnes of CO2 savings. The timber will also be sourced from sustainable European softwood plantations and will allow a thermal performance in excess of current regulations. Where possible, materials will also be sourced locally.

A recycling point is proposed located adjacent to the main core to enable easy access to waste disposal.

Highway Issues

The plans as submitted indicate parking provision at undercroft level providing 22 parking spaces in total; 6 of which are laid out as disabled spaces (25% of the total in accordance with Mobility Standards in the City Centre) and 6 for office use.

A transport assessment has been submitted with the application and uses PPG13 on Transport to justify the level of parking provision. It is noted that the Kelham Island area has been subject to much development activity over recent years and the level of parking provision has varied with each development and there is not a one size fits all determination to parking provision. The original concept for the proposal was derived almost 2 years ago when car free developments were

41 accepted and it has been difficult to increase the amount of parking into the scheme.

Moreover, with regard to parking provision, Guideline 14 of the City Centre Living Strategy advises that residential developments within the City Centre may be acceptable without car parking although it will be expected to provide parking for disabled residents/visitors and residents cycle parking. The developer has agreed to commit to the Sheffield Car Club scheme to complement the parking provision through encouraging residents to join and providing publicly accessible spaces. It is also expected that the developer will contribute £1,920 towards the Council scheme for traffic management rationalisation in the Kelham Island area to be introduced to accommodate the extensive development completed and ongoing which is to be secured by the legal agreement. A travel plan is also to be submitted and tied by condition. It is also noted that the site is well served by public transport including bus and tram.

Storage lockers are provided to the back of half of the car parking spaces providing additional storage space for occupants of the building. Motorcycle storage has been indicated at basement level with secure bicycle storage provided at ground floor level.

South Yorkshire Passenger Transport Executive have no objections to the current proposal which will benefit from the range of public transport services available and has actually recommended a restrictive approach to parking. It was also stated that the developer should be encouraged to provide each household with a public transport season ticket which can be purchased in bulk at a reduced cost.

Effect on Residential Amenities

There is limited residential accommodation in the vicinity of the site at present although construction work has started for the site on the opposite side of Dun Street which comprises of residential accommodation and the surrounding sites are also being considered for residential development as part of mixed use schemes. The distance between the buildings on Dun Street would be approximately 13metres which although is not an extensive gap, is a typical façade to façade gap and would be appropriate to maintain sufficient privacy levels. To the Dun Fields frontage, the road width is approximately 8metres which with a height of 4-storeys is considered to provide an appropriate level of enclosure to the street and would not result in loss of light to occupiers on the lower floors.

A mixture of flat sizes are proposed ranging from 30sq.metres to 74.4sq.metres with the aim of suiting different needs and all have a satisfactory outlook and space as corridors are opposite main windows to avoid short window-window distances for occupiers of flats around the courtyard. The provision of communal amenity space seeks to create a shared focus for residents and provides some outside space for occupants enhancing living conditions.

South Yorkshire Police have also advised that the scheme would benefit from bring built to Secure by Design standards which could include access control to all entry

42 points, a well lit car park, low level landscaping and laminated ground floor glazing to doors and windows and which may be incorporated in the detailed design.

Noise

The proposed development is situated just beyond the ring road and at present, traffic flows are disrupted by the inner ring road improvement so present noise levels are not truly representative. However, Miba Tyzac, one of the major contributors to industrial noise has been sold and the site will be converted to residential use. However, other noise sources include aircraft and commercial tools on Bowling Green Street which would also need to be assessed.

The application included an initial noise impact assessment relevant to this site which identified most of the site in NEC B with measurements taken on the Green Lane elevation falling into NEC category C as defined by PPG 24. PPG 24 advises that sites in NEC C should not normally be granted permission but where it is considered that permission should be given, conditions should be imposed to ensure a commensurate level of protection against noise. A level of attenuation would be required to meet the City Council’s internal noise standard which may require certain glazing systems and alternative acoustically treated ventilation to all habitable rooms and a scheme of sound attenuation works can be tied by condition to effectively protect the amenity of future occupiers. The report does not address the noise breakout from the commercial uses as it is not known at this stage what type of business will operate from the development and as such, a condition is also attached requiring details of noise control measures of the business units prior to occupancy.

Accessibility Issues

Of the 85 residences being created, 21 (25%) are to be provided to mobility housing standards which complies with Mobility Housing – Supplementary Planning Guidance’ and is in accordance with UDP policy H7. Separate and segregated pedestrian entrances have been provided into the buildings and routes to the mobility apartments also accord with mobility standards. Mobility parking spaces have also been provided and access to useable open space has also been provided.

Landscaping Issues

There is limited scope for ground level soft landscaping but it is essential that hard landscaping details reflect the character of the conservation area and the footway shall be reconstructed around the perimeter of the site in materials specified in the Sheffield ‘Urban Design Compendium’. Some development work has been carried out on the character of the landscaping proposed for the courtyard area and the roof gardens but further details of which would be required and tied by condition.

Flooding

Policy GE20 of the UDP advises that development will not be permitted where flooding risks to it or to existing development would not be overcome by suitable

43 on-site protective measures and where necessary, off-site flood prevention measures will be required.

The proposed development falls within a high-risk flood zone 3 and as such, Planning Policy Statement 25 requires the application to be accompanied with a Flood Risk Assessment which has been provided along with a sequential test. The Local Planning Authority and the Environment Agency have confirmed that the sequential test has been passed and that alternative sites identified at lower flood risk are not reasonably available. As such, there is no objection to the proposed development on grounds of flooding subject to compliance with the recommendations outlined in the Flood Risk Assessment which can be tied by condition.

It appears that this development will entail the discharge of surface water into a watercourse, via private/public sewers/rains. There are national and local concerns regarding the impact of surface water discharges from developments and often capacity/flooding concerns on the receiving watercourse. This is a redevelopment site and therefore, in any approval a condition would be required stating that surface water discharge from the site is restricted to a maximum flow rate of 5 litres per second per hectare. The provision of green roofs will also help achieve this target.

Archaeology

UDP policy BE22 ‘Archaeological Sites and Monuments’ states that development will not normally be allowed which would damage or destroy significant archaeological sites and their settings. Where disturbance of an archaeological site is unavoidable, the development will be permitted only if an adequate archaeological record of the site is made and where the site is found to be significant, the remains are preserved in their original position.

The application included the submission of an archaeological desk-based assessment of the site. This concludes that there were back-to-back dwellings on the site which may also have contained metal trades workshops and that due to the absence of subsequent development within most of the study area, it seems probable that a significant amount of physical fabric of the buildings will have survived and layouts would be recognisable. As such, the site has good archaeological potential for providing information relating to the early 19th century growth of the city and its metal trades. It is probable that much of the development site would have to be stripped to depths in excess of two metres below the present ground level which would inevitably result in truncation of many of the structures and fills which have been undisturbed since the 1930’s.

It has been advised that the applicant should carry out a pre-determination evaluation to clarify whether archaeological remains do survive on the site and what condition remains are in, to inform the acceptability of developing the site. At the time of writing the report, the results of the evaluation were not known although confirmation had been received that ARCUS had been commissioned to carry out the work and results are to be available prior to a decision being made. Further

44 archaeological evaluation and investigation is likely to be required which would be a condition of any consent.

Open Space

Policy H16 of the Unitary Development Plan requires that the developer make a financial contribution towards the provision or enhancement of public space within a kilometre of the site. This is calculated using the City Centre Living Strategy approved by Cabinet on 15th June 2006 which refers to open space provision for new housing developments in the City Centre.

It is confirmed that the catchment area is well below the minimum guidelines for formal and informal space with overall provision at 1.71hectares per thousand population, well below the minimum guideline of 6.00. The monies will go to the City Centre Team and not Parks and Countryside or potentially to the River Don towards the Riverside Walk and Landscaping.

If planning permission is to be granted, the developer has agreed to enter into a Section 106 planning agreement to provide a financial contribution towards the improvement and enhancement of open space within the area. In accordance with the Councils City Centre Living Strategy, the sum required has been calculated to be £80,386.35 (including an administration fee of 3% of the contribution). This is based on 70 x 1 bed flats, 14 x 2-bed flats and 1 x 3-bed flats.

City Centre Ambassadors

The Council is seeking to extend the successful City Centre Ambassadors scheme to the St Vincent’s and Kelham Island areas of the City. To sustain this scheme, financial contributions are required from new developments and the developer has also agreed to make a contribution to the Wardens Scheme based on £200 per residential unit, amounting to a total of £17,000.

Affordable Housing

Policy H4 of the Unitary Development Plan on ‘Housing for People on Low Incomes’ promotes the provision of affordable housing and Affordable Housing Interim Planning Guidance was approved by Cabinet in July 2006 in response to their being a recognised need for affordable housing across the City as a whole. The scheme incorporates some units which are considered to be low market entry units sold in the region of the affordable price of £70,000 supplying some lower cost units into the housing market.

A financial contribution is calculated based on the predicted market value of the proposed units based on an estimate of floor area prices for this area which has been confirmed as reasonable. If planning permission is granted, the developer has also agreed to enter into a Section 106 planning agreement to provide a commuted sum towards affordable housing provision. In accordance with the Councils Affordable Housing Interim Planning Guidance, the sum required has been calculated to be £404,512 based on 85 units.

45 SUMMARY AND RECOMMENDATION

Full planning permission is sought for the erection of 85 flats (comprising of 70 x 1- bed, 14 x 2-bed and 1 x 3-bed) with business (Use Class B1) on the ground floor in a 1 x 4/5 storey building with basement car parking on a site comprising of two blocks of workshops and hardstanding. The Old Bulls Head is to be retained as existing providing a further non-residential use (A2). This application will deliver the re-use of a currently vacant site to create a mixed- use although predominantly residential development that will also deliver the reinstatement of the historic frontage onto Dun Fields and will complement the existing office development and buildings on the Dun Street frontage.

It is accepted that the scheme does not provide the required amounts of B1 office space and therefore, does not strictly accord with the principles of the St Vincent’s Action Plan but given the high quality design of the building, the integration of a plethora of sustainability features and the commitment to provide a full affordable housing contribution, it is considered acceptable on this occasion.

Overall whilst being a departure from the adopted plan, the development is considered to accord with the spirit of the St Vincents Action Plan and National Planning Policy Statement 3, as outlined in the report above. In conclusion, it is recommended that planning permission be granted subject to a unilateral undertaking and the relevant conditions.

Heads of Term

The applicants have not, at the time of drafting this report submitted a section 106 agreement and therefore the scheme does not comply with UDP policy H16, H4 or H14. In addition, the results of the further archaeological evaluation are not yet known and as such, the proposals may not comply with UDP policy BE22.

The application is considered acceptable in relation to all other matters and therefore, a dual recommendation is appropriate in this case.

It is recommended that the Board grant conditionally in accordance with additional information received on 10th April 2008 subject to receipt and acceptance of the results of the pre-evaluation archaeological report and receipt of a signed legal agreement to secure:

− A financial contribution in the sum of £80,386.35 towards the improvement and enhancement of open space in the area of the application site, in accordance with policy H16 of the UDP and adopted SPG City Centre Living Strategy. − A financial contribution to the Council of £17,000 to be used by the Council towards the enhancement of the City Centres Ambassadors Scheme throughout St Vincent's − A financial contribution in the sum of £404,512 towards the provision of affordable housing in accordance with Affordable Housing Interim Planning Guidance approved by Cabinet in July 2006.

46 − A financial contribution in the sum of £1,920 towards the Council scheme for improvement works to the highways in the vicinity of the site

In the event that a satisfactory S106 planning obligation covering the Heads of Term set out in the preceding paragraph is not concluded before 12th May 2008 (in order to meet the Government’s target time for the determination of the application) or that the results of the archaeological evaluation are not known or would result in unreasonable damage to remains, it is recommended that the application be refused for the failure to make adequate provision in these regards.

Conservation Area Consent

It is considered that the applicant has provided an appropriate redevelopment scheme on the site to warrant the demolition of the traditional workshops to the northeast of the site and along the Dun Fields frontage. As such, it is considered that the development accords with Policy BE16 of the Unitary Development Plan and advice contained within Planning Policy Guidance Note 15 (Planning and the Historic Environment) and it is recommended that conservation area consent be granted subject to the listed conditions.

Case Number 07/03813/OUT

Application Type Outline Planning Application

Proposal Mixed use redevelopment for Class B1 (Business). Class A1 (Shops), Class A2 (Financial and Professional), Class A3 (Restaurants and Cafes), (A4 (Drinking Establishments) , Class A5 (Hot Food Takeaways), Class C3 (Dwellinghouses), Student Housing, and Class C1 (Hotels), and associated roof plant, car parking accommodation and access

Location Site Of West Bar, Corporation Street, Bridge Street, Workhouse Lane, Love Street, Plum Lane And Plum Street Sheffield

Date Received 27/09/2007

Team CITY CENTRE AND EAST

Applicant/Agent Turley Associates

Recommendation GC Subject to Legal Agm't & Sec of State

Subject to:

1 Application for the approval of the details of the external appearance of the building(s) to be erected and the landscaping of the site (hereinafter called "the reserved matters") shall, in relation to each phase of the development, be obtained from the Local Planning Authority in writing before any development is commenced in relation to that phase, unless otherwise approved in writing by the Local Planning Authority. The said phases of development in relation to the external appearance of buildings are deemed to relate to each individual block of development comprising Blocks 01 to 12 and in relation to the landscape matters, subject to the ‘parceling’ strategy required by Condition 5 of this consent.

To conform to the requirements of Section 92 of the Town and Country Planning Act 1990.

2 Plans and particulars of the reserved matters referred to in Condition 1 above, relating to the external appearance of any buildings to be erected and the landscaping of the site shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

48 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

3 Application for approval of all the matters reserved by this permission must be made to the Local Planning Authority not later than the expiration of ten years from the date of this decision.

In accordance with Section 92 of the Town and Country Planning Act and to encourage the early development of each phase as detailed proposals are brought forward.

4 The development hereby permitted shall be begun before the expiration of five years from the date of this permission and the development of each phase of the development shall be commenced on or before the expiration of two years from the date of the approval of the reserved matters relating to that phase.

In accordance with Section 92 of the Town and Country Planning Act and to encourage the early development of each phase as detailed proposals are brought forward.

5 In accordance with details required by Conditions 1 and 2 above, the landscaping of the site (to include the delivery of the public realm and all external works) shall be ‘parceled’ and implemented in strict accordance with the strategy set out at paragraph 8.2 of the Sheffield West Bar Masterplanning Framework prepared by URBED (version amended 26th February 2008) , which determines the following principles:

Blocks 03 and 06: delivery of public realm works to Bridge Street to the frontages to these blocks; Block 06: delivery of Central Square if Block 06 procured before Blocks 04 or 05) and public realm works to its Bridge Street frontage; Blocks 04 or 05: delivery of Central Square if Blocks 04 or 05 procured before Block 06 and public realm works to the perimeter of the site to Corporation Street; Block 01: delivery of Kelham Square;

No relevant phase of development affected by the above parcel strategy (i.e. Blocks 01, 03, 04, 05 or 06) shall be brought into use until the relevant associated public realm works as set out in the parcel strategy above have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority and in accordance with a timescale as may be approved in writing with the Local Planning Authority .

To ensure that the development takes place in a sequence that ensures the delivery of an appropriate public realm to accord with the principles set out in the West Bar Masterplanning Framework and guidance within the West Bar Interim Planning Guidance.

49 6 Notwithstanding the provisions of Condition 5, prior to the commencement of any phase, a strategy for the delivery of the public realm improvements in accordance with the Public Realm Parameters Plan dated 30th January 2008 shall be submitted to and approved in writing by the Local Planning Authority, to include the following:

i) Snig Hill Public Space Palette ii) West Bar Green Public Space Palette iii) Corporation Street/IRR Perimeter Street palette fronting Blocks 02, 04, 05 and 11 and Block 01 iv) Bridge Street ‘side street’ palette fronting Blocks 01, 03, 06 and 08; v) Plum Lane Primary Street palette between Blocks 03 and 06; vi) West Bar Lane Primary Street palette fronting Blocks 05, 07 and 11; vii) Love Lane Primary Street palette fronting Blocks 06, 07 and 08.

The strategy shall include the following details:

i) A timescale and mechanism for the implementation of each element, numbered i) - vii) above; ii) Detailed plans indicating hard and soft landscaping and materials specification for each element, to include the submission of samples as appropriate; iii) Details of a maintenance/management strategy for the agreed public realm works including soft landscaping

The public realm shall be implemented in strict accordance with the details and timescale in the approved strategy and any subsequent variations to the strategy that have received the prior written approval of the Local Planning Authority and shall thereafter be retained.

To ensure an appropriate quality of public realm in accordance with the provisions of the West Bar IPG and the Urban Design Compendium.

7 The details (reserved matters) of the development which are required pursuant to Condition 1 above, and all applications for the approval of the Local Planning Authority required under conditions imposed on this permission, shall be in substantial accordance with the contents of the Sheffield West Bar Masterplanning Framework prepared by URBED (version amended 26th February 2008) and also in accordance with the relevant principles set out in the West Bar Design and Access Statement.

The illustrative drawings, Masterplanning Framework and Design and Access Statement accompanying the application indicate the form of development that the Local Planning Authority considers appropriate for the site and which has been subject to Environmental Impact Assessment.

8 The details (reserved matters) of the development which are required pursuant to Condition 1 above with regard to scale and height shall not exceed the maximum heights set out at Table 2 of the Sheffield West Bar

50 Masterplanning Framework prepared by URBED (version amended 26th February 2008).

The illustrative drawings and subsequent Masterplanning Framework accompanying the application indicate the maximum scale of development that the Local Planning Authority considers appropriate for the site and which has been subject to Environmental Impact Assessment.

9 With regard to the submission of reserved matters in relation to the external appearance of the following specific plots, the details shall be in substantial accordance with the following relevant illustrative plans and information, which have been submitted in support of this outline approval:

Block 01: Plot Design Statement set out at pp 112-132 of the West Bar Design and Access Statement prepared principally by URBED and received on 24th September 2007 and the site brief set out at pp23 - 24 of the Sheffield West Bar Masterplanning Framework prepared by URBED (as above); Block 06: Site Brief set out at pp27-28 of the Sheffield West Bar Masterplanning Framework prepared by URBED (as above) and plans reference 1559-A-SK-001 to 014 (inclusive) prepared by Glenn Howells Architects submitted by e-mail dated 21.02.2008; Block 10: Plot Design Statement set out at pp 232 - 249 of the West Bar Design and Access Statement prepared principally by URBED and received on 24th September 2007 and the Set Brief set out at pp30 - 31 of the Sheffield West Bar Masterplanning Framework prepared by URBED (as above).

Details of external appearance of the remaining Blocks shall be carried out in substantial accordance with the relevant site briefs and urban design principles set out in the Sheffield West Bar Masterplanning Framework prepared by URBED (version amended 26th February 2008).

10 For each phase of development, large-scale details of the following items (as appropriate to that phase), at a minimum of 1:20 shall be submitted to and approved in writing by the Local Planning Authority before the commencement of that phase of development:

Eaves and verges; Balconies; Handrails; Fenestration details (including window recesses) Window and brickwork reveals Entrance canopies Doors

51 Plinths Brickwork detailing Rainwater goods Safety railings External lighting; Active frontage shopfronts

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

In order to ensure an appropriate quality of development in accordance with Policy BE5 of the Adopted Unitary Development Plan.

11 For each phase of development, details of all proposed external materials and finishes, shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced or in accordance with a timescale also to 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.

12 No phase of residential development shall commence until details of affordable housing (as defined in the Council’s Affordable Housing Interim Planning Guidance Approved by Cabinet 12th July 2006) have been submitted to and approved in writing by the Local Planning Authority. Provision shall be equivalent to no less than 20% of the dwellings being provided for sale at the affordable price (at the time development is commenced) or in accordance with a proportion of dwellings to be approved by the Local Planning Authority with regard to the provision set out within the IPG whereby requirements may be relaxed where the scheme would provide substantial regeneration benefits or where there are abnormal development costs and application of the guidance would make the scheme unviable. This condition does not preclude an agreement being reached with the Local Planning Authority for an alternative means of providing the requisite affordable housing either on another site or by way of a contribution towards the purchase, alteration or extension of existing houses to meet the needs defined above on another site elsewhere in the settlement in which the site lies.

In accordance with the Affordable Housing Interim Planning Guidance and PPS3: Housing.

13 No more than 2859 square metres (gross internal area) of the ground floor active uses (as defined on the Ground Floor Uses Plan dated 30th Jan 2008) shall be used as shops within Use Class A1 of the Town and Country Planning (Use Classes) Order 1987and shall be used for no other purpose, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification and no single retail unit shall exceed 1117 square metres gross internal area.

To minimise any harmful impact on the vitality and viability of Spital Hill and the City Centre’s core retail area.

14 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) the 4647 square metres of ground floor active uses (as defined on the Ground Floor Uses Plan dated 30th January 2008 and excluding the A1 retail uses detailing in Condition 12 above), shall be used in accordance with Classes A2, A3 or A4 of the Town and Country Planning (Uses Classes) Order 1987 (as amended) unless otherwise approved by the Local Planning Authority.

In order to define the permission.

15 The proportion of commercial accommodation to be used in accordance with Use Class B1 of the Town and Country Planning (Uses Classes) Order 1987 (as amended) shall, at all times following completion of the comprehensive development of the entire application site, comprise the predominant land-use, being more than 50% of the total gross external areas (excluding plant rooms and parking), and shall a no time exceed a total of 85,486 square metres of floorspace within Use Class B1.

To ensure that development is in accordance with the West Bar Interim Planning Guidance and the Environmental Impact Assessment.

16 Units within Use Classes A3 and A4 as set out in Condition 15 above shall be used for the purposes outlined in Condition 8 only between the hours of 0800 and 2330 Mondays to Saturdays, and 0800 hours and 2300 hours on Sundays and Public Holidays unless otherwise approved in writing by the Local Planning Authority.

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

17 For any phase of development, 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.

18 Prior to the commencement of Blocks 06 and 09 respectively, the residential dwellings hereby approved shall not be occupied unless sound insulation measures from flat to flat and between the commercial ground floors and residential first floors have been submitted to and approved in writing by the Local Planning Authority. Such measures shall be implemented prior to

53 occupation and the approved sound insulation measures shall thereafter be retained.

To protect the amenity of future residential occupiers.

19 The residential accommodation hereby permitted within Blocks 06 and 09 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 occupiers of the proposed residential units.

20 Before the use of the residential development hereby permitted within Blocks 06 and 09 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.

21 Prior to the commencement of each phase of development outlined in Condition 1, a report detailing the effects of each phase of development on bats within the site, the presence of which were identified in the Environmental Impact Assessment, shall be submitted to and approved in

54 writing by the Local Planning Authority. The report shall include the following:

i. An updated bat survey at the time this permission is implemented to include full details of the presence and location of bat roosts; ii. Mitigation and avoidance measures during site works. The development shall be carried out and completed in strict accordance with the approved mitigation and avoidance measures.

To ensure that bats, a protected species, are not adversely affected by the development and to ensure that development is in accordance with the Environmental Impact Assessment.

22 Prior to the commencement of each phase of development outlined in Condition 1, a report detailing the effects of each phase of development on nesting birds within the site, the presence of which were identified in the Environmental Impact Assessment, shall be submitted to and approved in writing by the Local Planning Authority. The report shall include the following:

i. A survey of any protected nests at the time this permission is implemented to include full details of the presence and location of such nests; ii. Mitigation and avoidance measures during site works.

The development shall be carried out and completed in strict accordance with the approved mitigation and avoidance measures.

To ensure that birds, with particular regard to protected species, are not adversely affected by the development and to ensure that development is in accordance with the Environmental Impact Assessment.

23 Prior to the commencement of any phase of development outlined in Condition 1, further details of the location within the site of bird boxes (to include swallow boxes) and bat boxes shall be submitted to and approved in writing by the Local Planning Authority. The boxes shall be provided prior to the occupation of the relevant phases and thereafter retained.

To promote the wildlife value of this riverside site in accordance with Policy GE10 of the Adopted Unitary Development Plan.

24 For each phase of development outlined in Condition 1, no part of the relevant phase of development as hereby permitted shall be occupied until a comprehensive lighting scheme that shows full details of the location, design, luminance and fields of illumination of all lights within the application site, including those on the exterior of buildings, within the car parking and bicycle storage areas and footways has been submitted to and approved in writing by the Local Planning Authority. The details shall include measures to incorporate appropriate ‘bat sensitive’ lighting in accordance with the recommendations of paragraph 15.78 of the Ecology section of the Environmental Statement, prepared by Waterman Environmental.

The approved works shall be carried out prior to the buildings for each phase being brought into use and no other external lighting installed without the prior written consent of the Local Planning Authority.

In the interests of the safety and convenience of users, the amenities of nearby residents and to avoid light pollution.

25 Prior to the commencement of any phase of development, or in accordance with a timescale to be approved in writing by the Local Planning Authority in relation to each phase, a signage strategy shall be submitted to and approved in writing by the Local Planning Authority that establishes design parameters for the style, type, mounting and lighting of advertisements on buildings as well as details of directional signs within the site.

To ensure a satisfactory development that enhances the visual amenity of the locality.

26 Prior to the commencement of any phase relating to the following blocks: 11, 05 ,04, 02, 03,06 and 07, comprising phases that incorporate active ground floor uses fronting the Central Square and key pedestrian routes, a fascia strategy shall be submitted and approved in writing by the Local Planning Authority which provides the following:

i) Fascia specification in terms of height above ground level (AOD); ii) Fascia specification in terms of depth, height and projection from the shopfront; iii) Fascia position in relation to adjoining frontages; iv) Position, maximum size and location of projecting fascia signs.

To secure the delivery of a consistent fascia strategy to deliver an appropriate quality of development in accordance with the provisions of the West Bar IPG.

27 No phase of the development as hereby permitted shall commence until details of a demolition and construction management scheme has been submitted to, and approved in writing by the Local Planning Authority. The management scheme shall oblige the applicant, or developer and its contractor to use all best endeavours to minimise disturbances including noise, but not limited to vibration, dust and smoke emanating from the site and will include the following information for agreement:

(a) Identification of the most sensitive receptors, both residential and commercial where appropriate assessment and monitoring of impacts will be undertaken as work progresses; (b) A specific strategy to address the construction of Blocks 04, 05, 06, 07, 08, 09, 10 and 11 in relation to the operation of the adjacent Law Court and Family Hearing Centre and the effect on Court Proceedings; (d) Agreement on noise levels emanating from the site at the boundary and at noise sensitive facades in the course of construction;

56 (e) Unless otherwise agreed as part of the management scheme the operation of site equipment and/or plant and machinery generating noise that is audible at the façade of residential or noise sensitive premises shall only be carried out between the hours of 0800 to 1800 Mondays to Fridays, 0800 to 1300 on Saturdays and at no time on Sundays and Bank Holidays.

All demolition and construction work shall be undertaken in strict accordance with the approved management scheme unless otherwise agreed in writing by the Local Planning Authority.

To limit the detrimental effect of demolition and construction works on adjoining residential occupiers and noise sensitive receptors by reason of noise and disturbance.

28 Prior to the commencement of each phase of development as outlined in Condition 1, details of the means of ingress and egress for vehicles engaged in the construction of the relevant phase of development shall be 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 then be obtained only at the approved points.

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

29 At all times that construction work is being carried out in relation to any phase, 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. 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 traffic safety and the amenities of the locality.

30 Prior to the commencement of any phase of development, details of a programme for the provision of green / brown roofs (vegetated roof system) within a phase(s) of the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority. In accordance with the approved programme, prior to the commencement of the relevant phase(s), details of the specification and maintenance regime shall be submitted to and approved by the Local Planning Authority prior to works commencing on site. The green/brown roof shall be provided prior to the use of the building commencing unless otherwise agreed in writing. 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 sustainable development in accordance with the West Bar IPG and PPS1.

57 31 Prior to the commencement of any phase of development, further details of the connection of each phase of development to the Sheffield City Centre District Heating System, to include a map of the extension to the existing district heating pipework system to form a ring of distribution pipework within the site and a phasing strategy for its implementation, in accordance with Paragraph 8.2 of the West Bar Environmental Sustainability Strategy, prepared by Buro Happold (issue 1/1) and dated July 2007, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in strict accordance with the approved details and thereafter retained.

In order to ensure that new development makes energy savings in the interests of mitigating the effects of climate change.

32 For each phase(s) of development, 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 predicted carbon emissions from the each phase will result in a 10% improvement on the Building Regulations Target Emission Rate at the time of commencement unless otherwise approved in writing by the Local Planning Authority. The report shall demonstrate how this will be achieved using any combination of on-site renewable energy equipment, decentralised or low carbon energy sources or energy efficiency measures.

Any agreed renewable energy equipment, connection to de-centralised or low carbon energy sources or additional energy efficiency measures shall have been installed before any part of the development is occupied. 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.

33 Notwithstanding the submitted plans and supporting information, prior to the commencement of development of Block 12, further details of the means of access, to be taken from West Bar unless otherwise approved in writing, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and thereafter retained.

In the interests of highway safety.

34 Prior to the commencement of any phase(s), a strategy for the accommodation of delivery/service vehicles to serve that relevant phase(s) shall be submitted to and approved in writing by the Local Planning Authority which comprises the following details:

58 i) A plan indicating the servicing route for each relevant phase(s) to include details of the means of parking, turning and manoeuvring of delivery/service vehicles; ii) Proposed restricted hours of servicing.

The servicing shall be implemented in strict accordance with the approved strategy and thereafter retained.

In the interests of highway safety.

35 Prior to the commencement of the residential units within Block 06, further details of the provision and management of car parking accommodation in relation to these residential units shall be submitted to and approved in writing by the Local Planning Authority. Details shall include the allocation and long-term management of spaces in relation to the residential units and their location within the scheme. The residential units shall not be occupied unless such car parking accommodation has been provided in accordance with the approved details, or in accordance with approved alternative temporary car parking arrangement to serve the relevant phase(s) and shall thereafter be retained for the sole purpose intended as approved.

To ensure the appropriate provision of parking in accordance with Policy T22 of the Adopted Unitary Development Plan and guidance contained within the City Centre Living Strategy.

36 Prior to the commencement of each phase defined in Condition 1, further details of the disabled parking provision for that relevant phase shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the following:

i) The location of disabled parking spaces in relation to the relevant phase and the distance (in metres) between the parking provision and relevant building; ii) The proposed size, surfacing, layout and marking out of the disabled car parking provision;

Each relevant phase shall not be occupied until the disabled parking provision is secured in accordance with the approved details for that phase, and shall thereafter be retained.

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

37 Prior to the commencement of each phase(s) of development, a Framework Travel Plan, designed to reduce the need for and impact of motor vehicles, including fleet operations; increasing site accessibility; and to facilitate and encourage alternative travel modes, shall be submitted to and approved in writing by the Local Planning Authority.

59 The Framework Travel Plan shall include:

1. Clear and unambiguous objectives, modal split targets and an indicative programme of implementation; 2. A monitoring, review and reporting programme in accordance with Sheffield City Council's 'Monitoring Schedule; and;

Details of arrangements to inform future occupiers of each phase to develop, implement and monitor detailed Travel Plans, in accordance with the approved Framework Travel Plan and the condition outlined below.

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.

38 Prior to the occupation of any phase of the development, a detailed Travel Plan(s), designed to: reduce the need for and impact of motor vehicles, including fleet operations; increase site accessibility; and to facilitate and encourage alternative travel modes, shall have been submitted to and approved in writing by the Local Planning Authority. Detailed Travel Plan(s) shall be developed in accordance with a previously approved Framework Travel Plan for the proposed development where that exists.

The Travel Plan(s) shall include:

1. Clear and unambiguous objectives and modal split targets; 2. An implementation programme, with arrangements to review and report back on progress being achieved to the Local Planning Authority in accordance with the 'Monitoring Schedule' for written approval of actions consequently proposed, 3. The results and findings of the monitoring shall be independently verified/validated to the satisfaction of the local planning authority. 4. The verified/validated results will be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

On occupation, the approved Travel Plan(s) shall thereafter be implemented, subject to any variations 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.

39 Each phase(s) of development, as defined in Condition 1, shall not be used unless all redundant access have been permanently stopped up and reinstated to kerb and footway as appropriate, and means of vehicular access shall be restricted solely to those access points indicated in the approved plans.

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

40 Prior to the commencement of each phase of development as defined by Condition 1, full details of suitable and sufficient cycle parking accommodation in relation to each phase, to including provision of cycle parking within the public realm defined in Condition 6, shall be submitted to and approved in writing by the Local Planning Authority. Each relevant phase and relevant public space shall not be used unless such cycle parking accommodation has been provided in accordance with the approved plans or unless otherwise approved by the Local Planning Authority and thereafter such cycle parking accommodation shall be retained for the sole purpose intended.

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

41 No development work of any phase, including ground clearance and demolition 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 written scheme of investigation in relation to that phase(s) to be submitted to and approved in writing by the Local Planning Authority.

42 Prior to the commencement of any phase of development (excluding any archaeological investigations and or site remediation works), strategy for the provision and maintenance of public art within the development shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall identify the locations where public art is to be provided and include a programme for the commissioning and implementation of works of public art and any proposed means of public consultation. The public art proposals shall then be implemented in accordance with the approved strategy and timetable unless otherwise approved in writing by the Local Planning Authority.

In order to satisfy the requirements of Policy BE12 of the Unitary Development Plan and to ensure that the quality of the built environment is enhanced.

43 For each phase(s) of development, before the development is commenced full details of the proposed refuse and recycling storage facilities to be provided to serve the relevant phase(s) shall have been submitted to and approved in writing by the Local Planning Authority. The details shall include a method statement indicating how the facilities will be managed and serviced and how occupiers of the proposed development will be encouraged to maximise the use of the proposed recycling facilities to reduce general waste arising. Prior to the occupation of the proposed

61 development the approved facilities shall have been implemented in conjunction with the approved method statement and shall thereafter be retained.

In order to ensure that proper provision for refuse is made and to encourage the maximum use of recycling in the interests of protecting the environment.

44 No development of any phase shall commence until full details of a mitigation strategy to protect the strategic Don Valley interceptor sewer that crosses the site have been submitted to and approved in writing by the Local Planning Authority. The strategy shall include full details of any proposed piling operations. The development shall then be carried out in accordance with the approved strategy.

In order to protect public amenity and the prevent water pollution.

45 Unless otherwise approved in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 6 metres either side of the centre line of the sewers that cross the site.

To allow sufficient access for maintenance and repair.

46 No piped discharge of surface water from the any phase of development shall take place until surface water drainage works including off-site or balancing works for each phase(s) 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.

47 For each phase of development, before work is commenced, full details of suitable inclusive access and facilities for disabled people, both to and into the building(s) and within the curtilage of the relevant site, shall have been submitted to and approved in writing by the Local Planning Authority and the buildings within that phase shall not be used unless such inclusive access and facilities have been provided in accordance with the approved plans. Thereafter 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.

48 No phase of residential development shall commence until details of a contribution to the City Centre Ambassadors Scheme has been submitted to and approved in writing by the Local Planning Authority. Provision shall be £200 per residential dwelling and no phase of residential development shall be occupied until the relevant contribution has been made, unless otherwise approved in writing by the Local Planning Authority.

In accordance with the West Bar Interim Planning Guidance.

62 49 Prior to the commencement of Phases 5 or 11 (whichever is the sooner) further details of a management strategy in respect of the prisoner delivery vehicles accessing Sheffield Crown Court shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall include the following details:

i. Means to ensure continuous visual surveillance of prisoner delivery vehicles whilst passing between Blocks 05 and 11 to include the provision of CCTV; ii. Means to manage potential pedestrian and vehicular conflict across West Bar Lane between Blocks 05 and 11 and the Courts prisoner vehicle access; iii. Means to improve access into the rear yard utilised by the Court for the delivery of prisoner vehicles.

The strategy shall be implemented prior to the occupation of Phases 05 or 11 (whichever is the sooner) or in accordance with an alternative timetable to be approved in writing by the Local Planning Authority and thereafter retained.

To ensure the appropriate security of prisoner delivery vehicles accessing Sheffield Crown Court.

50 Prior to the occupation of the first phase of development, a flood action plan shall be submitted to and approved in writing by the Local Planning Authority. The flood action plan shall provided details of effective warning to the whole site and safe evacuation measures, where appropriate. Each phase of development shall then be implemented in accordance with the approved flood action plan.

To ensure the safe and efficient evacuation of the development.

51 Prior to the commencement of development a scheme for the provision and implementation of a surface water strategy shall be submitted and approved in writing with Local Planning Authority. The scheme shall provide a minimum of 20% reduction in surface water run-off from the existing site. It should also include details of sustainable drainage methods which will assist in run-off reduction. The development should proceed in accordance with the approved scheme.

To ensure a satisfactory form of surface water drainage that does not increase the risk of flooding.

52 Piling or any other foundation designs using penetrative methods will not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.

The site is contaminated and piling could lead to contamination of the underlying aquifer.

53 No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters.

To prevent pollution of the groundwater.

54 Prior to the commencement of each phase(s) of development, Phase 2 Risk Assessment, to characterize the contamination on site and propose a remediation scheme to ensure safe redevelopment, shall have been submitted to and approved in writing by the Local Planning Authority. Should any previously unsuspected contamination be encountered during the development, the Local Planning Authority shall be notified within one working day of its discovery, together with any proposed amendments to the proposed remediation scheme. Each phase(s) of development shall then be carried out in accordance with the approved scheme and the applicant shall provide written verification that the remediation has been completed as approved, within 21 days of the approved relevant phase being completed.

In order to protect the health and safety of future occupiers and users of the site.

Attention is drawn to the following justifications:

IB5 - Development in General Industry Areas IB7 - Development in Business Areas BE2 - Views and Vistas in the Built up Area BE5 - Building Design and Siting T21 - Car Parking H7 - Mobility Housing GE23 - Air Pollution GE20 - Flood Defence H4 - Housing for People on Low Incomes BE12 - Public Art H16 - Open Space in New Housing Developments BE22 - Archaeological Sites and Monuments GE25 - Contaminated Land GE22 - Pollution West Bar Interim Planning Guidance (May 2006)

This informative is intended as a summary of the reasons for grant of planning permission.

64 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. As the proposed development will involve the closing/diversion of a footpath(s) you are advised to contact the Director of Legal and Administrative Services, Town Hall, Sheffield, S1 2HH, as soon as possible with a view to the necessary authority being obtained for the closure/diversion of the footpath(s) under Section 257 of the Town and country Planning Act 1990.

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. The applicant is advised that the signage indicated on the submitted drawings is not approved as part of this permission and will require separate Advertisement Consent. To discuss arrangements for obtaining such consent, and to request application forms, the applicant should contact Development Control Section, Development Services, on Sheffield (0114) 2734215 or go to www.sheffield.gov.uk/in-your-area/planning-and-city- development

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

6. 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 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 of delivery purposes.

7. As the development is likely to involve the erection of hoardings to enclose the site during construction, the developers attention is drawn to the Councils strategy to control fly-posting.

Part of the strategy is to accept fly-posting on such hoardings under the terms set out in the Council statement below. The aim is to avoid fly-posting in more sensitive locations and you are asked to support this objective by not taking action to prevent such bill-posting, though you may wish to direct the activity to specific hoardings at the site.

STATEMENT OF SHEFFIELD CITY COUNCIL

UNAUTHORISED BILL POSTING - CIRCUMSTANCES IN WHICH THE COUNCIL WILL NOT TAKE ACTION TO REMOVE, OR OBSCURE POSTERS, OR TO PROSECUTE THOSE RESPONSIBLE

1. This statement is made solely in respect of the Council's function as a Local Planning Authority and the powers thereby conferred upon it. It does not relate to any other powers possessed by the Council or its actions in respect of any property in which it has an interest.

2. This statement does not confer any legitimacy on the sticking of posters/bills on structures or property without the consent of the owner or other person having an interest in that property, nor legitimacy under the Town and Country Planning Acts or any other relevant legislation.

3. This statement does set out, as far as possible the locations, and circumstances in which bill-posting may normally take place without the adverse affect on public amenity or highway safety being of such a degree that the Council would deem it necessary to take action against those carrying out, or benefiting from, the activity or to remove or deface the offending advertisement.

4. Given that it is not possible to specify every location or circumstance which may occur in practice the Council reserves the right to take whatever action it deems necessary without notice in respect of unauthorised bill- posting notwithstanding part 3 above.

66 5. Bill-posting on the following structures would not normally result in action being taken under the Planning Acts.

(a) Hoardings screening development sites.

(i) Only bill-posting on hoardings to sites where building work is underway shall be generally exempt from action being taken by the Council. In all other cases bill-posting shall not take place unless the Council have been notified and subsequently confirmed that they are not minded to take action in respect of a specific site.

(ii) The posters shall be displayed and maintained in a neat and tidy manner with a border left above the posters and at least 0.5 metre between the bottom of any poster and ground level.

(iii) Existing authorised advertisements or artwork shall be respected.

8. 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.

9. Section 80 (2) of the Building Act 1984 requires that any person carrying out demolition work shall notify the local authority of their intention to do so. This applies if any building or structure is to be demolished in part or whole. (There are some exceptions to this including an internal part of an occupied building, a building with a cubic content of not more than 1750 cubic feet or where a greenhouse, conservatory, shed or pre-fabricated garage forms part of a larger building). Where demolition is proposed in City Centre and /or sensitive areas close to busy pedestrian routes, particular attention is drawn to the need to consult with Environmental Protection Services to agree suitable noise (including appropriate working hours) and dust suppression measures.

Form Dem 1 (Notice of Intention to Demolish) is available from Building Standards, DEL, Barkers Pool House, Burgess Street, Sheffield S1 2HF. Tel (0114) 2734170

Environmental Protection Services can be contacted at DEL, 2-10 Carbrook Hall Road, Sheffield, S9 2DB. Tel (0114) 2734651

10. 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

67 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.

11. 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.

12. When preparing detailed proposals for the development of this site, the developer is advised that the Council will encourage liaison with the Sheffield Primary Care Trust to establish the current requirements of the PCT with regard to health provision/facilities within the Central Ward and the potential to accommodate such facilities within the application site.

68 Site Location

INTRODUCTION

This outline planning application is the outcome of a long-term strategy to deliver the comprehensive regeneration of the West Bar Development Area. The site was initially identified by the City Council in 2001 as a key regeneration opportunity emerging from the creation of the northern section of the Inner Relief Road (IRR). It was highlighted in the Council’s IRR Urban Design Framework as a core project and subsequently acknowledged in the IRR/West Bar Development Framework as a major opportunity for comprehensive redevelopment and possible public intervention in the form of a regeneration based Compulsory Purchase Order. These frameworks were approved by Cabinet on the 23rd October 2002 and authority given for the Council to seek a private sector development partner for West Bar.

69 In May 2004, Cabinet approved a report on the Sheffield Central Riverside Strategy, which updated Members on progress in delivering objectives set out in the above Cabinet Report of 2002 and authorised production of a development brief and the identification of a development partner through competition/selection for the West Bar site. The West Bar Development Brief was published in January 2005 followed in the summer of 2005 by the selection of Castlemore Securities Limited (the applicant) as the preferred development partner. Cabinet confirmed their selection on 21st September 2005.

Draft Interim Planning Guidance (IPG) for the West Bar Development Area was prepared in 2006 and was the subject of public consultation between 16th February 2006 to 3rd April 2006. The IPG was produced to cover the transitional stage between the current Unitary Development Plan and the emerging Sheffield Development Framework to guide the appropriate and comprehensive development of the West Bar Development Area - a triangular 3.04 hectares of land adjacent to the northern section of the Inner Ring Road, bounded principally by West Bar, Corporation Street and Bridge Street. The IPG acknowledges that the area, whilst in close proximity to the City Centre, is underused with a tortuous and largely defunct street pattern that does not afford good links between the river and the Cathedral Quarter. The West Bar IPG was formally adopted by Planning Board on 30th May 2006 and subsequently approved by Cabinet on 12th July 2006 and is a material consideration in determining planning applications within the West Bar Development Area.

LOCATION

The application site extends to 2.85 hectares and comprises the majority of the area identified as the West Bar Development Area within the West Bar IPG. The site is broadly triangular and is bounded to the east by Bridge Street, to the south by the Law Courts and Family Courts and West Bar and to the west by Corporation Street, with the Inner Relief Road lying to the northwest. The application site also includes Progress House on the south side of West Bar, which presents a 90- metre frontage to West Bar whilst also extending 100 metres along the frontage of Paradise Street to the west and 30 metres to North Church Street to the east.

At present, the application site comprises a number of traditional industrial and office buildings and plots of land, many of which are underused, as well as areas of surface level car parking. The scale of development is low-rise extending to predominantly two-storeys and rising to a maximum of four storeys at Bridge House. The labyrinthine of existing street layouts creates a complex and indirect street pattern; Workhouse Lane currently runs to the west of the Law Courts, adjacent to an existing surface car park, into the centre of the site to connect with Love Lane, which then connects indirectly to Bridge Street. From Workhouse Lane there are two connections to Corporation Street in a northwest-southeast direction, one of which (Spring Street) provides a route into the Law Courts that is used by vehicles transporting prisoners to and from the Courts. Towards the north of the site, Plum Lane, a narrow cobbled street, runs east to west from Bridge Street to the new Inner Relief Road. The recently opened Inner Relief Road now passes to the west of the site with an expansive gyratory system and road, which dominates almost half of the site’s Corporation Street frontage.

The surrounding area is very mixed in character:

To the northeast of the site fronting Bridge Street is the six storey residential development at Millsands, to the south of which is the predominantly residential Coode Building and adjacent multi-storey car park also fronting Bridge Street, which extends to a scale of between five and eleven storeys. Beyond these, fronting both Bridge Street and extending to the river frontage, is the Central Riverside area and Riverside Exchange, providing mainly commercial office space.

The southern boundary of the application site is dominated by Sheffield Law Courts and the Family Court, the former dominating the frontage to West Bar and comprising a square red brick building extending to an equivalent height of four storeys. The smaller Family Court extends to an equivalent of two storeys in height.

Beyond the courts, to the south of the application site, is the Cathedral Quarter, which comprises a dense network of steep streets that connect West Bar to the City Centre. This area includes a number of Listed and architecturally significant buildings, including Paradise Square, as well as some modern additions. It ranges in scale from traditional two to four storey buildings to more modern six to seven storey structures. The majority of this area, up to the boundary of the site, falls within the City Centre Conservation Area.

To the southwest, including West Bar Green lies the Furnace Hill Conservation Area, the boundary of which also adjoins the site. Beyond West Bar Green lies Tenter Street, which has been extensively redeveloped to provide a number of substantial office and residential blocks extending to a maximum scale of 15 storeys at Velocity.

To the east, the area is now characterised by the Inner Relief Road (IRR), which has significantly changed the physical environment around the site such that it now comprises a broad road system. Beyond the IRR lies Kelham Island, a former low- rise industrial area that has been subject to extensive mixed-use redevelopment. The boundary of the Kelham Island Conservation Area adjoins the application site.

PROPOSAL

This is an outline planning application seeking the comprehensive development of the West Bar Development Area. It is submitted in outline with matters of layout, scale and access to be determined at this stage. External appearance and landscape are reserved to be considered in due course. Given the scale and nature of the development, the application is a detailed outline that includes extensive illustrative material as well as design codes to clarify the expectations of the future external appearance and landscaping reserved matters applications.

This outline application indicates that the scheme will deliver the following maximum levels of development:

71 − 85,486 square metres of office accommodation (Use Class B1) including 955 square metres of live-work provision; − 53,623 square metres of residential (Use Class C3) and student accommodation (sui-generis) comprising a maximum of 627 residential apartments and 288 student units; − 7506 square metres of ‘active frontage uses’ comprising a maximum of square metres of 2859 square metres of retail (Use Class A1) of which the largest unit shall not exceed 1117 square metres. The remaining 4647 square metres will comprise active uses (Use Classes A2-A4) and an element of D1 non-residential use up to a maximum of 300 square metres. − 5556 square metres of hotel provision (Use Class C1); − A maximum of 1181 car parking spaces of which 1074 spaces will be provided within two multi-storey car park blocks and the remaining 107 as basement car parking. − A new public space within the centre of the site (Central Square) with a minimum depth and width ratio of 3:1. − A new square at the northern tip of the site (Kelham Square) to connect with Central Square and provide a route to Kelham Island; − Direct routes and new public realm to improve access between the City Centre and both Kelham Island and Central Riverside through the West Bar site.

The application proposes twelve new buildings, the layout being informed by the stated urban design concept, which is that of a ‘citadel’. This approach comprises buildings constructed to the edge of the site with routes and a central public space ‘carved out’ through the core of the development. The proposed scale of development varies across the site but predominantly entails the citadel perimeter blocks at a relatively consistent height punctuated by three taller ‘gateway’ buildings at each tip of the triangular site. These gateway ‘tower’ blocks are designed to be read as a group such that Block 10 in the south-west corner of the site is the tallest, with Block 09 to the south-east corner slightly lower and the northern tower at Block 01 being lower still.

Although submitted in outline, with matters of appearance and landscaping reserved, the application seeks to address matters of scale, layout and access. As such, it includes detailed layout plans indicating the proposed siting of each block, the maximum depths, widths and heights of each block and access into and within the site through new public routes and spaces.

Furthermore, with specific regard to matters of external appearance and landscaping, the Council sought a degree of certainty that the scheme can deliver buildings of sufficient architectural merit to justify the extent of built form and a suitably detailed and high quality public realm. To this end, the application also comprises a detailed Design and Access Statement, which forms part of the outline proposals and establishes the parameters of development and a Masterplanning Framework, which again defines the parameters of siting, massing and means of access but also clarifies the principles that will govern the design and external appearance of each building at reserved matters or subsequent detailed application stage. The details expressed in these documents are summarised in the report below.

Scale

The following maximum building and storeys heights are proposed within the application:

Block Location Storeys Max height (metres) 1 Northern tip: IRR 14 57.50 2 Edge: Corporation Street 9 37.70 3 Edge: Bridge Street 9 28.05 4 Edge: Corporation Street 8 33.00 5 Edge: Corporation Street 8 33.00 6 Edge: Bridge Street 9 30.00 7 Street frontage block: Love Lane 7 23.50 8 Street frontage block: Love Lane 7 23.50 9 South-eastern tip: Snig Hill 27 75.63 10 South-western tip: West Bar Green 28 86.50 11 Edge: Corporation Street 12 53.00 12 Edge: South of West Bar 7 22.35 Table 1: Scale of development

The variation in the number of storeys and maximum building heights is a reflection of the proposed use of the buildings and the difference in floor to ceiling heights between the various uses e.g. typical 4 metre floor to ceiling heights to the office accommodation and 3 metres to the residential blocks. As part of the outline application, the following uses are indicated:

Block Use (Use Class) 1 Office (B1) 2 Office (B1) + Active ground floor uses (A1-A4) 3 Active ground floor (A1-14) + multi-storey car park above 4 Office (B1) + Active ground floor uses (A1-A4) 5 Office (B1) + Active ground floor uses (A1-A4) 6 Active ground floor (A1-4) to Central Square, live-work (sui- generis) to Bridge Street and residential (C3) above. 7 Office (B1) 8 Office (B1) 9 Active ground floor (A1-4) + student accommodation above 10 Active ground floor (A1-4) + residential above (C3) 11 Office (B1) + Active ground floor uses (A1-A4) 12 Ground floor office (B1) + multi-storey car park above. Table 2: Proposed Land Uses

73 The application includes provision for a 5556 square metre hotel although it has not been allocated to a particular Block at this stage.

Layout

Within the Masterplanning Framework Document and Design and Access Statement are a number of key plans that effectively fix the location of the twelve new blocks within the Development Area. The siting is broadly determined by the public realm in terms of protecting the minimum dimensions of the Central Square at the core of the site, the position and width of the new public routes through the site and the pavement widths of Bridge Street and Corporation Street around the edge of the site. The form of the blocks is also defined in terms of areas of active frontage, entrance points into and through the buildings and maximum floor plate depths in order to deliver viable commercial and residential blocks.

Within the application, the Regulatory Plan, the Masterplan, the ground and upper floor uses plan and the individual site plans delineate the siting of each block within the public realm. These determine the building lines and principles of the siting of development. The application includes a tolerance of 1.5 metres of the inside of the building line to accommodate future design refinements. The principles of site layout as set out within this outline application are summarised below:

Block/Public Realm Siting parameters (Regulatory & Parameter Plan) Love Lane Minimum 8m –12 metres in width. Plum Lane Minimum 8m – 12 metres in width. West Bar Lane Minimum 8m – 12 metres in width. Secondary routes Minimum 8 metres. Central Square Minimum 23 metres in width to ground floors; Minimum 75 metres in length; To achieve 3:1 width to length ratio. Bridge Street Building line set to a minimum 5 metres from kerb. Corporation Street Building line set to a minimum 8 metres from kerb. 1 Triangular form with central atrium; Building line as per Bridge Street parameter; Principle entrance to Kelham Square. 2 Linked above ground floor with 4, 5, 11 or separate blocks; 8m set back from kerb on Corporation Street and IRR; Entrance from Kelham Square or Central Square; Must adhere to minimum Central Square dimensions and minimum 8 metres to Block 3. 3 Building line as per Bridge Street parameter; Vehicle entrance to car park from Bridge Street; Main core to car park onto Kelham Square; Distance to Block 6 as Plum Lane (10 metres min); Minimum 8 metres to Block 2. 4 Linked above ground floor with 2, 5, 11 or separate blocks;

74 8m set back from kerb on Corporation Street and IRR; Ground floor to adhere to minimum Central Square dimensions of 23 metres to Block 6; Ground floor recessed to create ‘arcade’ in front of the proposed active uses; Upper floors (1-6) set back to adhere to 1:1 enclosure ratio within Square. Entrance from Central Square and Corporation Street. 5 Linked above ground floor with 2, 4, 11 or separate blocks; 8m set back from kerb on Corporation Street and IRR; Pedestrian entrances from Corporation Street and West Bar Lane; Minimum width of route to Courts of 10 metres; Minimum double height to Spring Street underpass through Blocks 05-11. 6 Ground floor to adhere to minimum Central Square dimensions of 23 metres to Block 4; Building line as per Bridge Street parameter; Upper floors set back to adhere to 1:1 enclosure ratio within Square. 7 Sited to enclose Love Lane. 8 Sited to enclose Love Lane. 9 Triangular curved form to sit centrally within Plot 09; Active frontage to West Bar; Pedestrian entrance to West Bar. 10 Elliptical form. 11 Linked above ground floor with 2, 4 and 5 or separate blocks; 8m set back from kerb on Corporation Street and IRR; Functionally linked to Block 05 and entrances via 05; Minimum 8m to Block 07.

12 Address established West Bar building line. Table 3: Principles of site layout

Access

A key element of this application is also the rationalisation and re-organisation of the presently narrow and indirect street patterns to provide more legible connections from the City towards Kelham Island and Central Riverside:

− Workhouse Lane to the west of the Law Courts effectively remains as a route into the site from the Cathedral Quarter. However, it becomes a less structured street and forms the more secondary branch of a paired route running either side of Block 10; − Love Street presently extends northwards from Workhouse Lane to the rear of the Courts and then twists south and then east to exit onto Bridge Street. As part of this application, the Workhouse Lane/Love Street route is

75 straightened and widened to provide a direct southwest to north- easterly thoroughfare from West Bar Green to the new central square. At the entrance to the Square, Love Lane is again widened and realigned in a southeast to northwesterly course to provide a direct route towards Bridge Street and Snig Hill. − Spring Street, which currently provides access to the rear of the Courts from Corporation Street remains in its present alignment and continues to form the main route into the Courts for prison vehicles through a ‘tunnel’ between Blocks 05 and 11; − Water Street, a narrow route that proceeds from Corporation Street towards the rear of the Courts, is effectively omitted as a street but a link in this position is broadly retained as a double height ground floor link between Blocks 04 and 05 if these blocks are developed as a single building rather than constructed individually, in which case a street link will be retained; − Plum Street, a short cul-de-sac route from Corporation Street disappears in its current state and is replaced by a pedestrian route slightly to the north of its current position at the ground level between Block 02 and Block 04 if these blocks are developed as a single building rather than constructed individually, in which case a street link will be retained; − Plum Lane, which is a narrow (5 metres wide) east-west route across the site, is also omitted from the new layout and replaced with a wider 10 to 12 metre street providing direct access from Bridge Street and the Riverside Exchange into the Central Square where the connection to Corporation Street is secured by the new route between Blocks 02 and 04, as above. − Finally, there is presently no direct north-south route across the West Bar triangle; as part of this application a key new thoroughfare is created through the new public square towards the north tip of the site to provide a direct link to Kelham Island and beyond.

Significantly, these new routes are punctuated by a series of new public spaces, which form a key element of the application. The main focus is the Central Square at the core of the citadel scheme, which extends to an approximate minimum dimension of 23 metres in width and 70 metres in length. It has been designed to a 1:1 enclosure ratio such that the apparent height of buildings fronting the square is equivalent to its width. A 1:1 enclosure ratio is consistent with routes in Sheffield such as Campo Lane and Charter Row. For the purposes of comparison, the enclosure ratio of Fargate is approximately 1:1.5. The Central Square connects via the newly created north-south pedestrian route to Kelham Square, a new public space between Blocks 01/03 and 02, which is intended to formalise the link to Kelham Island. Two further public spaces are created around Block 10 (West Bar Green) and Block 09 (Snig Hill) to the extent that public activity is focused around the base of these buildings by the introduction of ground floor active uses.

It is proposed that vehicular access within the West Bar development area also be modified to address the revised street layout; the main routes comprising the following:

− Spring Street: will continue to provide the principal one-way access to the Courts from Corporation Street for prison transfer vehicles via the covered

76 route between Blocks 05 and 11. Egress is via West Bar Lane/Love Lane via the southern tip of the Central Square onto Bridge Street.

− Water Street: A one way controlled vehicular access into the site beneath Blocks 04 and 05. Egress is again achieved via the southern tip of the Central Square onto Bridge Street via Love Lane.

− Central Square: It is proposed that Central Square become a controlled access area primarily for service vehicles with delivery times restricted. Vehicles entering the Central Square for deliveries would exit via Plum Lane, which becomes one-way towards Bridge Street.

− Plum Lane: One-way towards Bridge Street from the Central Square.

− Love Lane: Two-way to the point of staff access into the Courts (between Blocks 07 and 08) with access then restricted for vehicles towards the Central Square as Love Lane becomes one-way beyond this point.

− Bridge Street: Remains two-way but vehicles must turn left out of the multi- storey car park (Block 3) towards the IRR.

− Multi-storey car parks: The MSCP at Block 03 with access and egress onto Bridge Street. The MSCP at Block 12 with access and egress either onto Paradise Street or West Bar.

− Basement car parking: Access to the basement car park to Blocks 05 and 11 is achieved from Spring Street. Access/egress to the car park below Block 04 is directly from Corporation Street.

In addition to amending the present street layout within the West Bar Development Area, the application also proposes to upgrade the existing streetscape around the perimeter of the site along Corporation Street and Bridge Street. These pavements will be widened and re-paved in accordance with the City Council’s wider public realm strategy and will also be planted with a series of trees to create boulevards along these main routes.

External Appearance

As noted above, to provide certainty that future development of this site can be delivered to appropriately high architectural standards, the application includes both illustrative plans for each block and a series of design parameters in the Masterplanning Framework to guide future reserved matters applications. In the event that the Council consider any future reserved matters application to be contrary to the City’s design aspirations, as set out in relevant planning policy and other material considerations, including the West Bar IPG, it would be entirely reasonable and legitimate to refuse such applications. Accordingly, the illustrative plans and Masterplanning Framework provide clarity of design expectations whilst enabling the detailed design to respond and adapt to the specific requirements of future occupiers. The key design parameters for each block, as set out in this outline application, is summarised below:

Block 01 must perform a landmark function at the northern tip of the site. The illustrative plans submitted with the application indicate an ordered façade constructed with a glass and steel inner skin over which a masonry framework is constructed in a natural ‘stone-like’ material. The glazing is recessed to provide articulation to the elevations and a degree of passive solar shading. The ground and first floors are recessed to provide an extended double-height colonnade with the top three floors also set back to emphasise the division between base, middle and top of the tower. A central atria is incorporated to ensure natural levels of day lighting as far as possible. Attached to Block 01 to the Kelham Square is a seven- storey campanile with double height open ground floor, which is intended as a ‘counterpoint’ to the metal and masonry of the main building and visual reference point for pedestrians navigating the Central Square to direct movement towards Kelham Square and Kelham Island.

Blocks 02, 04, 05 and 11 are illustrated as a single block linked above ground floor but could equally operate as individual blocks. Architecturally, it is proposed that the blocks be designed to read as four separate buildings that retain a shared character, to be achieved through articulation of the facades and an appropriate palette of materials to include glazed curtain walling and spandrel panels. Central atria are incorporated to deliver natural daylighting with maximum floorspace depths indicated at no more than 16 metres.

Block 03 is a multi-storey car park with ground floor active retail to Plum Street and Central Square. Architecturally, it is anticipated that it will be constructed in a concrete frame with a metal panel façade treatment to the car park that is partly transparent, with double-height glazed retail frontages. The car park is to be naturally ventilated.

Block 06 has been the subject of quite extensive design work to produce a set of illustrative drawings that indicate the anticipated quality of development. The facades suggest a series of vertical frames constructed in red brick masonry with deeply recessed window openings and regular recessed breaks in the masonry with timber clad detailing. The ground floor areas comprise double-height glazing to Bridge Street, Love Lane and the Central Square. An internal courtyard with a minimum depth of 15 metres is provided to protect the amenity of future residents and includes a raised first floor amenity area.

Blocks 07-08 are deemed in the application to form important ‘back drop’ buildings that are not unduly prominent. As such, the detailed design of these blocks is currently undetermined and may be the subject of a future architectural competition.

Block 09 is a key landmark tower in the southeast corner of the site, adjacent to the Family Courts. The application indicates a curved triangular form that comprises an inner skin of glass and steel to reflect the design approach to Blocks 01 and 10 with a series of panels to conceal the regular window patter. The drawings indicate a series of irregular bands constructed in precise concrete or similar material.

78 Block 10 is considered to represent the gateway to the site from the City Centre and a landmark from the northern side of Sheffield, which must be reflected in the design quality. The application incorporates illustrative elevation treatments, which includes bay section details; these indicate an anodised aluminium metal glazing frame incorporating a repeating module of three elements with a vertical emphasis: a unit of full height glazing; a split unit comprising full height glazing and full height aluminium ventilation box and a ventilation box with insulated panel faced with anodised aluminium. The three modules repeat across the floors and alternate every two floors, which are designed to have a 3 dimensional quality. The narrow junction of ellipse facing West Bar appears fully glazed.

Block 12 is the second multi-storey car park fronting West Bar with glazed ground floor. It is not detailed within the application and will be subject to reserved matters or a full planning application in due course. The key issue identified within the Masterplanning Framework is the treatment of the elevation in such a way that it disguises the car park function.

Landscaping

Whilst also a matter reserved for future consideration, the application provides details of proposed landscape works to the public realm and public spaces, including illustrative plans. The application confirms that the street boundary to the site comprising Corporation Street and West Bar will be resurfaced in accordance with materials to be agreed with the Council and the buildings will be sufficiently set back to allow for the planting of a tree-lined boulevard to both streets.

In addition, the application illustrates the extent and anticipated quality of landscape works to the proposed public spaces within the site, as summarised below:

− Central Square: Lying at the core of the development, the new public ‘Central Square’ will be transformed into a sheltered external space that provides the opportunity for outdoor eating and drinking as well as an attractive route through the site. The square is designed to a width of between 23 metres (minimum) to 27 metres at ground level and a length of 78 metres. Tree planting is illustrated to soften the space and reduce wind turbulence and the quality of the public realm will comprise natural stone paviors, artwork, lighting, signage and seating. It is intended that the same materials be extended into the streetscape network to continue the visual connection through the site;

− Kelham Square: Situated between Blocks 01-03 and Block 02, Kelham Square is intended to provide a public space to connect the West Bar development towards Kelham Island via the Inner Relief Road. The Campanile proposed as part of Block 01 principally defines the space.

− Snig Hill: The application states that the area to the base of Block 09 will be designed as a sloping terraced landscape to overcome changes in level across the site and comprise planting over stone terraces.

79 − West Bar Green: This space to the base of Block 10 provides a key public route into the site from Tenter Street.

Environmental Impact Assessment

In accordance with the Town and Country Planning (Environmental Impact Assessment) Regulations 1999 the application is considered to be a Schedule 2 ‘urban development project’ by virtue of its nature and size, as determined by Section 10(b) of the above Regulations, for which an EIA is required. An Environmental Statement therefore supports the application and considers matters such as noise and vibration, air quality, ecology and urban landscape, flood risk, archaeology and the effects on the social economy at demolition, construction and operational phases of development. The assessments identify the main impacts from the project at the construction and completed phases and the means to mitigate any identified effects, as relevant. These are detailed in the report below.

RELEVANT PLANNING HISTORY

It may be helpful for Members to note all relevant valid planning applications previously submitted within the West Bar Development Area (as defined in the IPG) and therefore within the boundary of this application:

Bridge House, Bridge Street

06/02599/FUL: Erection of 1 x 6 storey building to form 78 apartments with shops (Class A1), restaurant and cafes (Class A3) and Drinking Establishments (Class A4) at ground floor, offices (Class B1) at first floor and basement car parking accommodation. Submitted: 5th July 2006 Refused at Planning Board: 16th October 2006 principally on the grounds of the failure of the development in terms of land use, form and layout to meet the provisions of the West Bar Interim Planning Guidance, which seeks the comprehensive redevelopment of the West Bar area, its design in isolation of the wider West Bar development area and, in the absence of a comprehensive approach to development, on the grounds that the application represents a departure from the provisions of the adopted UDP.

06/00261/FUL: Erection of a 1 x 11/13 storey building to form 209 apartments with retail use (Class A1/A3) at ground floor, offices (Class B1) at first floor and associated car parking accommodation. Submitted: 17th January 2006 Refused at Planning Board: 30th May 2006 on the grounds that, in the absence of special circumstances, the development represented a departure from the provisions of the adopted plan and the proposed development by virtue of its scale, massing and design failed to complement the scale, form and character of the surrounding area, would be over-bearing in relation to the street and failed to provide a lively and interesting ground floor environment.

These applications were subsequently appealed but the appeals withdrawn prior to the Public Inquiry commencing.

New Bridge House, Bridge Street

05/02666/FUL: Construction of a 5-storey office building (New Bridge House) with associated car parking and landscaping. Approved: 31st October 2005 Consent capable of implementation subject to discharge of relevant planning conditions.

SUMMARY OF REPRESENTATIONS

The application was advertised by means of site notice and press notice as well as neighbour notification. It was advertised both as a departure from the Unitary Development Plan and as a development affecting the setting of the Kelham Island, Furnace Hill and City Centre Conservation Areas. A total of four letters of objection were originally received, details of which are summarised below:

Her Majesty’s Courts Service

HCMS object to the proposal on the grounds that it will adversely affect the ability of Sheffield Crown Court and Family Hearing Centre to operate a secure service at the current location. HCMS raise the following key objections:

(i) Prisoner security: Access to the Courts for the delivery of prisoners is currently achieved by vehicles turning off the A61 (Corporation Street) onto Spring Street with direct access to the northwest yard of the Courts. The outline application indicates a route that passes through an archway between Blocks 5 and 11. This is also a shared route with the car park to Block 5 and 11. HCMS are extremely concerned that this route has potential to be severely disrupted by this shared access and the route will now involve passing through a tunnel in private ownership bringing an increased risk of compromise in security. The tunnel will also result in loss of helicopter surveillance when used and a slowing of vehicles through a gated/security-controlled area with potential conflict between prisoner vehicles and vehicles accessing the car park. Furthermore, the height of prisoner delivery vehicles is 3.3 metres (maximum) and there is concern that the tunnelled access will not have sufficient clearance;

(ii) The prison van will need to cross a pedestiranised area, which may result in vehicle/pedestrian conflict. HCMS consider that pedestrian areas are significantly harder to secure by Police such that the proposal increases the risk of a van being intercepted or its security compromised;

(iii) Access to the staff car park is from Love Street with a barrier and gatehouse entry system. Blocks 7 and 8 as proposed create a new access route for the staff car park, which is effectively a tunnelled access. HCMS would require full control of this access as delays entering the car park could present significant security risks to the judiciary and other Court staff;

(iv) HCMS strongly object to the proposed hotel use of Blocks 7 and 8; given the transient nature of guests there are particular concerns over security and control of

81 guests. The application details the use of the Blocks as offices or hotel – HCMS request that the hotel option is removed and the office proposal taken forward’

(v) Given the high profile nature of many cases at Sheffield Combined Courts, particularly the Crown Court, it is very important to minimise the risk to the judiciary, other Court staff, jurors, witnesses and defendants. Direct and unobstructed views into the Court building, Family Hearing Court and administration offices would present a clear risk to the security of the buildings and occupiers. Of particular concern are views into the central internal lightwell/courtyard of the building, which contains balconies and windows to the Judge’s rooms as well as into the Jurors rooms.

(vi) The proposed development of two high-rise towers (Blocks 9 and 10) on each side of the Courts is a security concern. HCMS are aware that the towers contribute to the viability of the scheme and it is considered that through particular consideration of fenestration details, the risk can be reduced.

(vii) HCMS wish to highlight the impact of construction noise in proximity to the Courts on Court proceedings. They wish this to be taken into account if permission is granted through the imposition of conditions.

Occupier of Millsands

A resident of Millsands has commented on the application principally in relation to Block 9 on the basis that no thought has been given to access and car parking and no car parking provision has been made. The resident suggests that there are already issues with parking on Bridge Street and the matter of parking needs to be considered further. The access is too limited to accommodate the needs of students when the term starts and ends. Finally, there is no mention of improved public transport links and it is also considered that Block 01 is out of context at 12 storeys and will take a considerable amount of light from the existing Riverside Exchange buildings.

Howells Solicitors: Owners of 33 Love Street

An objection was originally received from Howell’s Solicitors. However, this objection has now been formally withdrawn on the basis that Howell’s have held subsequent discussions with the applicant and no longer has any concerns about the scheme.

Mistyglen Ltd (long lease on land at the corner of Love Street/Bridge Street)

The site leased by Mistyglen Ltd has the benefit of planning permission (05/02666/FUL) granted on 31st October 2005 for the construction of a 5-storey office building (New Bridge House) with associated car parking and landscaping. Accordingly, they formally object to the application on the following grounds:

(i) The application has not had any regard to the above approved development and should consent be granted, it cannot be implemented;

82 (ii) The Council must have regard to the existing situation including any existing built developments. The Castlemore application should have considered the current position of the site given that full planning permission exists; the owners have continually stated their commitment to develop the site and have engaged contractors to commence works. There is therefore significant certainty that the development of New Bridge House will commence.

(iii) Mistyglen do not object to the principle of regenerating this area of Sheffield but consider that the application should and can be amended to accommodate the development of New Bridge House without compromising any of the design or other objectives of the application. Indeed, the proposed uses, quantum, bulk and height of the two proposals are similar with the only difference being the proposed layout of the building and the changes to the road pattern, the latter of which Mistyglen question as they do not believe it necessary to achieve the overall aims of the development.

(iv) Without the amendments, Mistyglen request that the Council refuse the application on the basis that once the New Bridge House development has been implemented, it would not be possible to implement the application scheme as currently proposed.

The following statutory consultation responses have also been received:

Environment Agency

In response to the original submission of documents, including the Flood Risk Assessment (FRA), the Environment Agency (EA) responded to advise of their objection to the proposed development as the FRA was inadequate and failed to address the fundamental objectives of Planning Policy Statement 25 (PPS25). In particular, the EA noted that the FRA failed to assess the impact of the flooding in June 2007 and in any event, did not provide sufficient evidence from flood modelling to confirm that the site cannot be flooded in the 1:100 year levels.

The applicant subsequently submitted a further Sequential Test Report, in accordance with PPS25 and an addendum to the Flood Risk Assessment. The Environment Agency has subsequently removed their objection to the Sequential Test but at the time of writing this report, has maintained an objection to the Flood Risk Assessment on the grounds that it does not adequately consider the effects of surface water flooding. It is anticipated that this issue can be resolved prior to the Planning Board and Members will therefore be updated directly on this matter at Board.

Commission for Architecture and the Built Environment (CABE)

The original application proposals were presented to CABE’s Design Review Panel on 5th December 2007 and CABE subsequently provided a detailed formal response summarised below:

83 (i) The citadel concept is considered an interesting and appropriate approach with active uses along the internal routes, commercial entrances to Corporation Street and workshops to Bridge Street. It offers a clear and convincing approach to connecting the site with the surrounding area and reducing the impact of traffic;

(ii) The mix of uses and their distribution across the site is generally well considered;

(iii) CABE are unconvinced by the interaction of the tall buildings with the access routes at the south end of the site (each side of Block 10) and consider that there is not enough footfall for both routes to work well;

(iv) A compelling case has not been made for the principle of the towers in this location nor the necessity of marking all three corners of the site in this way;

(v) The Central Space does not appear to have been treated with the care that such an important space warrants. There is little evidence in the application that this will be a ‘really positive space’. The LPA will need to be satisfied that the shape and size of the square, in combination with the height of the buildings (and daylight studies) will allow good quality conditions at various times of the day and year;

(vi) The tall buildings should be the subject of detailed planning applications, as outline applications cannot provide certainty about their architectural quality. The submission of an outline application for tall buildings is contrary to advice set out in the joint CABE and English Heritage Guidance on Tall Buildings, which states that such buildings should only be supported if it can be demonstrated through the submission of fully justified and worked-up proposals that they are of excellent architectural quality and in the appropriate location. CABE suggest that although it could be argued that the principle of a tall building at Block 10 has been established by the Council’s Urban Design Compendium, they state (incorrectly) that Plot 9 is on a site owned by the Council and therefore detailed applications should be brought forward;

(vii) CABE are unconvinced that the blocks to the western edge (2,4,5,11) are sufficiently elegant in their form and appearance whilst the relationship between Blocks 11 and 10 seems awkward. The quality of accommodation is highlighted as a concern in that these blocks have deep floor plans with small atria;

(viii) In contrast, Block 06 is considered to have a generous courtyard and the material suggests it to be a good piece of architecture.

Sheffield Urban Design Panel

The application proposals were reviewed on three occasions by the City’s Urban Design Panel, who initially considered the comprehensive development of the site in February and May 2007 and latterly assessed the design of Block 09 in September 2007, which had been identified by the Council as requiring particular consideration.

84 In February 2007 the Design Panel presented the following conclusions in respect of the overall West Bar Masterplan:

− The Panel considered that a strong concept had developed, and welcomed the intention of appointing a number of architectural practices to develop the framework. In particular the aim to create a series of distinctive urban spaces was supported. There was a real ambition for place-making that is often lacking from other such proposals; − The Panel were concerned that this original concept was not lost through the design process, and there was a strong feeling that the recent iterations were considerably less convincing in terms of overall massing and permeability; − The Panel noted that there had been increase in the size of the blocks and a reduction in permeability as a result and were concerned about the implications that could arise from this. − Further work appeared to be required to develop the corners so that they had a proper relationship with West Bar, and it was considered that views from ground level were necessary to be satisfied that this has been achieved; − The Panel welcomed the approach to creating a network of streets and to sculpting out tight urban spaces but questioned whether the central space would be an attractive, vibrant environment given the height of the buildings surrounding it; − The Panel were concerned by the illustrated public realm treatment that appeared to involve banding across the streets; and considered that this was contrary to the high quality palette and clear language that Sheffield were developing throughout the city centre; − The Panel were far from convinced about the towers as a concept and were of the opinion that this was a response to the weakness of the West Bar context and an attempt to define the development; − The scheme needed to properly address how it was going to meet its renewable energy targets, and the Panel considered that the approach needed to be embedded in the wider design process.

In light of these comments, the applicant subsequently reconsidered the scheme and presented once more to the Panel in May 2007, after which the following comments were provided:

− The Panel considered that the scheme is ambitious and pushing the boundaries in terms of massing, but with skilful handling and exceptional design quality, the Citadel concept could be made to work; − Concern was expressed regarding the creeping up of heights within Block 05 to G +12 office storeys, adjacent to the tower. This appeared to be working against the Citadel concept and diminishing the effect of the corner tower; − The Panel welcomed the continued design development and the promising use of architects in terms of diversity and now supported the proposed outline application with the intended design code and illustrative drawings;

85 − The Panel expressed specific concerned regarding the proposed student housing within Block 9 Tower (considered separately below); − The Panel welcomed the changes made but considered it essential that all of the public realm must be of the highest quality natural materials given the public realm ties together the concept; − In conclusion, the Panel welcomed the developments made since their comments of February 2007 and with the few comments made above, expressed support of the concept and proposed outline application. The Panel advised that they would welcome the opportunity to see the proposed 3D model and would like to be re-consulted on the detailed design of the individual blocks.

The Urban Design Panel considered Block 09 in September 2007 and their comments are summarised as follows:

− The Masterplanners’ concept of the three shards of crystal is a strong one and there is merit in following this concept through so that there is a dialogue between the towers; − Nervousness that this building could become the poor relation of the three tall buildings given its use; this site is considered critical in terms of the wider success of West Bar and needs to be detailed in these terms. Accordingly, a commonality of design between the three towers expressed in the masterplan should be followed through, possibly in the use of materials, to reinforce this relationship; − There is merit in the stated concept to peel away the top layer to expose the inner core, but question whether this is demonstrated sufficiently in the present proposal; − The interrelationship between the intended fluid external skin and the consistent window proportions was queried; the Panel wondered whether more could be done to help articulate the concept further, for example, by varying the reveal depth depending on the orientation to assist with combating solar gain; − Elevational treatment: the critical areas for tall buildings are the elevational treatment at ground and roof level, which appeared poorly resolved; − Roof and skyline: the Panel noted that the height of the tower had risen since the initial proposal (although subsequently reduced to initial proposal as part of this application) and this increased the responsibility to ensure that the building adds positively to the city skyline; − Materials: the Panel remained to be convinced about the choice of façade material (render at the time it was presented to Panel, which has now been omitted from the proposals); − Ground floor: the introduction of additional active uses onto a prominent corner was welcomed but further resolution of the junction between the glazing and the cladding was considered necessary to ensure that the building grounds properly; − Public Realm: further work necessary to realise the stated intention of creating an attractive space on the western edge that would encourage people to linger.

86 Statement of Community Consultation

With the Design and Access Statement it is relevant to note that the applicant provides a statement to record their own consultation on their emerging masterplan proposals, which is similar in form to the outline submission. As part of their consultation process, which was undertaken concurrently with consultation on the Interim Planning Guidance, presentations were made to key stakeholders including the City Centre forum, the Netherthorpe and Upperthorpe Community Alliance, the Burngreave New Deal for Communities, the St Vincent’s Forum, the Black Community Forum and the Sheffield Civic Society. Additionally, Castlemore undertook a consultation exercise on a double-decker bus, which was based at West Bar, the Wicker and Tudor Square for one day respectively. The applicants advise that 330 people visited the bus to view the proposals for the site, which included a 3D model of the proposed development and the opportunity to talk to the design team. Of these 330 visitors, 51 completed feedback forms. A website was also launched as a consultation tool, which registered 874 page views of which 523 were unique users.

Of the respondents, the applicants advise that 81% liked the plans with only 4% expressing dislike and the remaining 15% unsure. The majority (72%) liked the idea of the Citadel with only 8% against. A total of 75% also liked the mix of uses with only 6% against. In terms of architecture and design, consultation responses included an aspiration for eye-catching designs and not the same monotonous buildings and this broadly extended to the tall buildings although there was an element of consultees that considered the City to have enough high rise towers. A number of respondents highlighted that the surrounding area is unpleasant for pedestrians at night because it is dark and lacks activity and considered that this might undermine the scheme’s aspirations to connect into the surrounding area and create an evening destination. The consultation statement also highlights the main areas for critical comment being related to the lack of details of the environmental sustainability of the proposals, including issues such as recycling, cycling provision and tree planting and the level of parking, which was deemed insufficient. Overall, however, it is concluded from the responses received that the scheme was seen as having a transformational effect on this part of Sheffield.

PLANNING ASSESSMENT

This application represents a significant regeneration project to deliver a major mixed-use development to extend the City Centre core and provide key linkages between the centre and the wider City boundary, to Kelham Island and Riverside and beyond. It is a complex scheme and the key issues to consider in the determination of this application include the following: a) The principle of development: policy and land use including the extent of active ground floor frontages; b) The comprehensive approach to development; c) Layout; d) Scale; e) Design and external appearance; f) Landscaping;

87 g) Access and Transport Assessment; h) Accessibility; i) Air Quality; j) Phasing k) Flood Risk; l) Wind Micro-climate; m) Daylight, sunlight and shadowing n) Ecology o) Sustainability; p) Affordable Housing; q) Public Art; r) Archaeology

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

Principle of Development: Policy and Land Use

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that proposals be determined in accordance with the development plan unless material considerations indicate otherwise. Section 38(3) of the Act provides that the development plan consists of regional spatial strategies and the development documents. Pending the creation of these documents under part 2 of this Act, local plans remain in place and form part of the development plan under the transitional provisions contained in Schedule 8 of the Act. Regional Planning Guidance was prescribed as Regional Spatial Strategies from 28 September 2004, and accordingly now also form part of the development plan under section 38(3) of the Act.

In this case, the development plan comprises the Sheffield Unitary Development Plan, which was adopted in March 1998 and draft Regional Spatial Strategy (RSS) for Yorkshire and Humber to 2016 dated December 2004. The Council is in the process of preparing the Sheffield Development Framework, which comprises a portfolio of local development documents. This includes the Core Strategy, which is currently being considered through an Examination in Public. However, these documents do not carry any statutory weight, as they have not been through sufficient independent public scrutiny at this time.

Other material considerations to be taken into account includes the West Bar Interim Planning Guidance and the relationship of the proposed development to advice in Planning Policy Statement 1: Sustainable Development, Planning Policy Statement 3 (PPS3): Housing and Planning Policy Statement 6 (PPS6) Town Centres, the latter of which are considered in the course of the report.

Regional Spatial Strategy

The purpose of the Regional Spatial Strategy (RSS) is to set a regional planning framework and includes a primary focus on the links between economic, social and environmental progress and sustainable development. Whilst not site-specific in

88 its approach, the RSS presents strong support for the focus of development in urban areas and the achievement of regeneration objectives.

For example, with regard to economy, Paragraph 2.56 of the RSS advises that there are large amounts of industrial land left from the decline of older industries embedded in the urban fabric. The RSS notes that this represents both an opportunity and a challenge – urban renaissance and vibrant urban economies will require that such land is brought into beneficial use and states that all parts of the region need space to accommodate new industrial and commercial investment in locations accessible by public transport. The principles of regenerating the West Bar Development Area, a former industrial area, are considered to conform to such aspirations.

Policy 4.55 of the RSS confirms that the main urban areas of Barnsley, Doncaster, Rotherham and Sheffield should, in accordance with Policies P1, E4 and H2 of the RSS, be the focus for economic and housing development in the sub region with Sheffield City Centre being identified as a regeneration priority area. In respect of housing, paragraph 4.68 of the RSS specifically confirms that the potential for increased city centre living should be fully exploited in Sheffield in particular with a provisional target for the provision of housing on previously-developed land of 80%. Again, the application is deemed to be consistent with these objectives.

In conclusion, it is determined that the application is, in principle, consistent with the policy objectives of the RSS, particularly in terms of promoting a mixed-use development on Brownfield land in a highly sustainable location that will contribute to the overall economic and social ‘well-being’ of the City.

Sheffield Unitary Development Plan

Within the Adopted Unitary Development Plan (UDP) the application site has a dual designation; to the north of Spring Street and Love Lane it is allocated for General Industry whilst the part of the application site to the south of Spring Street/Love Lane (including the plot to the south of West Bar) is allocated as a Business Area.

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 small shops (Use Class A1), food and drink outlets (Use Class A3-A5), and business (Use Class B1) uses. Housing is considered unacceptable within General Industry Areas on the grounds that living conditions are deemed unsatisfactory for living there permanently. Given the inclusion of residential uses within this part of the site, this application is deemed contrary to Policy IB5 of the Adopted UDP and effectively represents a departure from the Plan and was advertised as such.

Policy IB7 of the UDP relates to development in Business Areas and determines that Business (B1) is preferred but a range of other uses are acceptable including small shops (A1), offices used by the public (A2), food and drink outlets (A3-A5) hotels (C1), housing (C3) at upper levels in the City Centre, community facilities

89 and institutions, leisure and recreation facilities and open space. Within this part of the site, the application includes a range of uses including business, food and drink outlets, retail and residential, which do not conflict in principle with the policy objectives set out in Policy IB7.

West Bar Interim Planning Guidance

It is considered more relevant to determine this application on the basis of the entire site area to reflect the comprehensive nature of the proposals. Indeed, the application site boundary is broadly consistent with the West Bar Development Area, which is the subject of Interim Planning Guidance (IPG) as set out in the West Bar IPG. The West Bar Development Area is a triangle of land extending to 3.04 hectares that is bound by West Bar to the south, Bridge Street to the east and Corporation Street to the north. The West Bar Interim Planning Guidance was prepared by the Council in recognition of the regeneration potential afforded to this part of the City as a consequence of the Inner Relief Road. The IPG was approved for adoption by Members on 30th May 2006 and is designed to cover the transitional stage between the UDP and the publication of the new Sheffield Development Framework. Its purpose is to assist in the delivery of the comprehensive redevelopment of the site and ensure that the Council’s planning and design objectives are met.

It is relevant to note that the application site boundary differs slightly from the West Bar IPG in omitting the block to the east of Progress House between North Church Street and New Street. It is excluded from this application on the grounds that the site already benefits from planning consent for a mixed-use development and it is not a strategic site in terms of delivering modified pedestrian and vehicular routes through the West Bar Development Area.

With regard to land use and the principle of development, the IPG determines the preferred use within the West Bar Development Area to be offices (B1 (a)), which should form at least 50% of the gross floor space as West Bar has been identified as a prime site for the expansion of the City Centre and the Cathedral Quarter Central Business District. A range of other uses are deemed acceptable, including small convenience shop development (A1), financial and professional services (A2), food and drink outlets (A3), drinking establishments (A4), non-office development (B1b and B1c), housing (C3), hotels (C1), community facilities and institutions (D1), leisure (D2) and open space. General industry (B2), storage and distribution, scrapyards and petrol filling stations are all deemed unacceptable.

This outline application proposes a mix of uses including office, residential, hotel, student housing, non-residential institutions (e.g. gallery space), active ground floor uses (A1-A4) and live-work space.

With regard to the preferred use, the application indicates a total maximum provision of 152,169 square metres of new floorspace of which 84,531 comprises B1 office space, equating to 56% of the total. Accordingly, the preferred B1 use is predominant within the proposed development, which will be secured by planning condition.

90 The proposed introduction of residential development to Blocks 06 and 10 is consistent with the aspirations of the IPG, to create a vibrant mixed-use urban development. Whilst both student residential accommodation in Block 09 (sui- generis) and live-work units in Block 6 are not specifically identified as an acceptable use within the IPG, they must be considered on their merits and will, it is considered, add further to the vitality of the area throughout the day, particularly with regard to the live-work units adding vibrancy to Bridge Street.

The introduction of a hotel within the West Bar site is also consistent with the objectives of the West Bar IPG, being identified as an acceptable use.

The extent of retail and food and drink outlets is considered further in the retail section below but the principle of creating active uses to the ground floor also accords to the aspirations of the IPG to deliver active frontages.

Thus, the uses outlined within the application broadly accord to the provisions of the Interim Planning Guidance in terms of both siting and mix and are therefore considered acceptable in principle, subject to the provisions set out further in this report.

Active ground floor uses

The outline application indicates the provision of a maximum of 7056 square metres of active ground floor uses of which 2859 square metres comprises retail space within Use Class A1 and the remaining 4647 square metres within Use Classes A2-A4. This equates to 4.7% of the total proposed development.

In assessing the extent of retail, it is relevant to have regard to relevant policies within the UDP and National Planning Policy Statement 6: Town Centres, which supersedes policies within the UDP where the two differ. PPS6 differs from the UDP in that the UDP requires all main town centre uses that are proposed out-of- centre, including shops, food and drink outlets and hotel to comply with the tests of need, scale, sequential approach, impact and accessibility. However, the PPS6 definition of ‘centre’ is less constrictive for food and drink outlets and hotels. For retail, the ‘centre’ is the primary shopping area – i.e. Fargate and Orchard Square, whilst for other town centre uses, PPS6 defines that the centre should be regarded as the area embraced by the town centre boundary i.e. in this case by the Inner Relief Road. Accordingly, the retail A1 element of this outline application is out-of- centre whilst the café and restaurant facilities are within the centre. Thus, the PPS6 tests apply only to the retail element.

It is also relevant to have regard to the West Bar IPG, which identifies small convenience shop development to be appropriate as well as financial and professional services, food and drink outlets and drinking establishments such that ground floor uses should create active frontages as far as possible. This application is consistent with these objectives in that the key routes into and through the site and fronting the public central square are identified as active ground floor frontages. As a consequence of meeting this aim, the anticipated volume of active uses extends to 7056 square metres. Clearly, this predominantly comprises restaurant and food and drink uses but also includes 2859 square

91 metres of retail of which the application introduces a limit on any single unit of 1117 square metres. It is reasonable to suggest that this level of retail, whilst meeting the objective of securing active ground floor frontages, exceeds to some degree, the concept of small convenience shop development originally anticipated within the West Bar IPG, which is considered further in the PPS6 Retail Assessment.

PPS6 broadly reiterates the Government’s objectives to promote the vitality and viability of existing town centres, by planning for their growth and focusing development in such centres. In assessing new retail development, PPS6 clarifies that local planning authorities should require the applicant to demonstrate the need for development, that the development is of an appropriate scale, that there are no more central sites for development, that there are no unacceptable impacts on existing centres and that the locations are accessible. It also determines that local planning authorities should consider relevant local issues and all other material considerations.

The applicant has presented the following PPS6 justification:

Need and scale

With regard to need, the PPS6 Retail Assessment notes initially that Policy SCC1 of the Preferred Options Report for the Core Strategy, within the Sheffield Development Framework, identifies West Bar as a Neighbourhood Centre to form part of the wider mixed-use development of the West Bar site. It must be acknowledged, however, that whilst the Preferred Options provide an indication of the direction of Council policy, they do not carry statutory weight as this time, as they have not yet been through sufficient public scrutiny. As such, they do not replace the Unitary Development Plan and other relevant policy considerations, which in this case include the West Bar IPG and PPS6.

Within the application, a maximum of 2859 square metres of the proposed floorspace is in retail use of which the scheme indicates a small supermarket of 1117 square metres (gross). The applicant maintains that it would then be reasonable to expect other convenience shops such as wine merchants, delicatessens, a bakery and newsagents, thus creating a total volume of convenience shopping of 1950 square metres. The remaining 909 square metres would be utilised by non-food shops (comparison shopping) such as florists, stationers, bookshops and other outlets. The net convenience floorspace would thus amount to 1268 square metres. This retail element is broadly consistent

In assessing need, the applicant refers to a Retail Study undertaken on the Council’s behalf by White Young Green in 2002 and partially updated in 2005. This identified a series of retail zones from which trade would be drawn. West Bar falls within Zone 6, which includes the City Centre, as well as being close to the boundaries of Zones 4 and 5. The retail assessment assumes a proportion of trade will be drawn from Zones 3, 4, 5, and 6 although it acknowledges that it is unlikely to draw trade from the western and south-western peripheries of Zones 5 and 6. The estimated population within this study area is 228,793 in 2007 with an expected increase to 232,451 by 2015 and an estimated per capita expenditure on convenience goods of £1,612 in 2007 rising to £1,713 in 2015 and on comparison

92 goods of £2,952 and £4,166 respectively. The retail assessment considers this to be an underestimate, not least because it takes no account of the number of people likely to be employed within and around the West Bar Development Area and those who may need to visit, which is estimated at approximately 4700 employees based upon the maximum office floorspace provision. Furthermore, the regeneration of areas of Central Riverside and Kelham Island, in addition to the application site, is predicted to generate more than 2000 new residents within close proximity to the site. From these figures, the retail assessment determines that there is an additional £10.8 million of convenience expenditure in 2007 rising to £11.6 million in 2015 and an additional £19.78 million of comparison expenditure per capita in 2007 rising to £27.91 in 2015. The applicant determines that the convenience expenditure generated by this development and new development in the locality is sufficient by itself to justify the retail element of the scheme.

In seeking to justify quantitative need, the retail assessment advises that account must be taken of any proposals which have a prior claim of available expenditure arising in the area, which in this case is determined to be the New Retail Quarter and the Tesco store at Saville Street. However, the retail statement submitted in support of the NRQ application makes allowance for expenditure growth in local and district centres and the Tesco store falls within Zone 4, for which a specific need for a new foodstore was previously identified in the Council’s retail studies and is a superstore and therefore a different proposition to the small supermarket proposed at West Bar.

Thus, overall, the retail assessment concludes that there is capacity for the extent of retail proposed within this application and the scale is appropriate to the proposal and in relation to the magnitude of development surrounding the site.

Sequential Assessment

The Retail Assessment determines that this application represents a mixed-use scheme that is dominated by offices and residential uses such that the retail development is ancillary to these principal uses and is intended to service the needs of the residents and working population in the area. Consequently, the uses are inextricably linked.

Paragraph 3.17 of PPS6 determines that as part of the sequential assessment it is relevant to explore whether specific parts of a development could be operated from separate sequentially preferable sites. It states that for retail and leisure proposals in edge of centre or out of centre sites, the applicant should consider the degree to which the constituent units within the proposal could be accommodated on more centrally located sites in accordance with the objectives and policies in PPS6. In this regard, the Retail Assessment maintains that the retail element within the West Bar scheme is ancillary and an important element of the development, not least in securing the viability and deliverability of the proposal. To relocate the retail elements elsewhere would dilute and change the development mix and is therefore inappropriate in this case, particularly given the emphasis set out within the IPG for a comprehensive approach to development.

93 Impacts on Existing Centres

The Retail Assessment acknowledges that the application site is not within a defined shopping centre and as such, it is necessary to assess the retail impact of the proposed development on existing centres. It determines that the retail floorspace indicated within this application is intended to be used principally by the employees generated by the development itself but it is also envisaged that it could serve as a neighbourhood centre for residents living to the north of the city in areas such as Kelham and Central Riverside, who are currently poorly served with local retail facilities. On this basis, the assessment concludes that the impact on the City Centre Central Shopping Area will be negligible given the different patterns of trade draw.

Furthermore, the applicant highlights the findings of the retail assessment submitted with the Tesco application at Savile Street, which proposed a significantly greater convenience and comparison goods floorspace and assumed only a 1% impact on the City Centre.

The Retail Assessment concludes that the retail provision at West Bar is, in effect, an extension to the City Centre and should be seen as complementary to that core retail whilst also ensuring a neighbourhood function for the northern part of the City and a complimentary retail offer for the business use proposed at West Bar.

Accessible Location

PPS6 advises that when considering new developments, local planning authorities should consider its accessibility by means of transport including public transport, walking, cycling and the car and should assess the extent to which developers have tailored their approach to meet the Government’s objectives set out in PPG13: Transport, for example through the preparation of travel plans and the promotion of opportunities to reduce car journeys.

In this respect, it is considered that the West Bar site is a central location and highly accessible to services and facilities both within the site itself and the City Centre, as well as being close to a range of public transport, considered in more detail in the transport section below. The applicant will also be required to prepared travel plans for both the residential and commercial elements of this scheme to reinforce the site’s accessibility.

Conclusion: Retail Assessment

The applicant maintains that the convenience floorspace and part of the comparison floorspace effectively performs a local function for those residents living and working within the West Bar scheme as well as people living and working in the Riverside Exchange and parts of Kelham Island. It provides local food shopping facilities together with some day-to-day comparison items, which will at least serve the working population generated by the proposed development, which could extent to up to 5000 employees.

94 It is acknowledged that the active ground floor frontage to the development is significantly larger than a local centre, incorporating a range of other uses within Classes A2-A5. The applicant maintains that this is not necessarily to serve a local residential catchment as residents elsewhere in Sheffield may choose to utilise the food and drink facilities. They represent, however, a resource for office employees as well as visitors to the site who the applicant hopes to attract by virtue of the range and diversity of establishments. More significantly, the applicant argues that the centre is consistent with the aspirations set out in the West Bar IPG to create active frontages as far as possible, which is a material consideration.

In determining the applicant’s retail assessment, it is considered that the catchment area identified within the assessment in terms of justifying quantitative need, is inappropriately large. However, it is acknowledged that even within a smaller catchment consisting of a radius of 500 metres from the development, there would be capacity for the proposed 1950 square metres of food retail. For example, within the Central Riverside and St Vincent’s Action Plan area there are currently planning consents/implemented developments for over 230,000 square metres of commercial B1 floorspace equating to more than 11,000 employment opportunities (Source: Central Riverside Development Sites and Public Realm Strategy: August 2005). Within the St Vincent’s Quarter it is estimated that based upon planning consents granted since 2005 (albeit that not all has yet been implemented) a residential population in excess of 6000 residents is created. As such, it is concluded that there is sufficient need for retail provision of the scale proposed.

With regard to qualitative need, it is considered that the proposals will improve accessibility to shops in the West Bar area for existing and future residents and workers and complement the proposed development.

In terms of the sequential test, it is considered that City Centre sites cannot satisfy the need for facilities to serve the food spending needs in the particular location of this application and in this regard, the proposal is considered acceptable. Similarly, the retail element is also considered in scale to the needs of the area, as required by PPS6.

Finally, with regard to impact, the conclusion within the PPS6 assessment that the proposal will not impact on either the Central Shopping Area or Spital Hill District Centre is accepted on the basis that the proposed food store at West Bar is relatively small in comparison to the 10,216 square metres of retail proposed at Spital Hill and given that within the Central Shopping Area, only 3% of floorspace is devoted to food retailing.

It is relevant to note that the level of non-retail (A2-A4) has been the subject of discussion in the course of the application on the basis of a concern that the extent of non-food retail might create a café/leisure destination that would conflict with the aims for improving the vitality and viability of the City Centre and of Spital Hill as a District Centre. However, in this regard, it is relevant to reiterate, as detailed in the report above, that for non-retail uses, the application site falls within the definition of the ‘city centre’ and, as such, these uses are therefore not subject to the PPS6 sequential test. Furthermore, the provision of active uses at the ground floor comprising cafes, bars and restaurants is entirely consistent with the aspirations of

95 the West Bar IPG to deliver active ground floor frontages as far as possible. It is also acknowledged in the course of the application, that the applicant has omitted non-food retail uses from the ground floor of Blocks 01, 07 and 12. It is therefore concluded that the application delivers a small scale Class A1 element that is supported by a local catchment (as detailed above) and the provision of active frontages (extending to Use Classes A2-A4) which are appropriate to the aspirations set out in the IPG and complimentary to the predominant business and employment uses.

Conclusion: Principle of Development:

In conclusion, it is considered that the mix of uses proposed, which delivers a predominantly commercial scheme comprising high quality office space, residential and student accommodation and a range of active ground floor frontages is consistent with the aspirations of the West Bar Interim Planning Guidance to secure an extension to the City Centre Core with an appropriate mix of uses. The principle of the development is therefore considered acceptable.

Comprehensive development

A comprehensive approach to the West Bar Development Area is deemed a fundamental element of the Interim Planning Guidance, which states that the area should be ‘developed in a comprehensive way in order to produce an integrated and economically viable scheme, ensuring new development is of significant architectural merit and secures a high quality public realm. A comprehensive approach will also overcome the obsolete street pattern’.

This application broadly extends to the entire site area identified within the Interim Planning Guidance and as such, is positioned to deliver the comprehensive approach. The application effectively secures a masterplan approach to the entire site and presents a predominantly commercial scheme with a relevant mix of uses, the provision of a new public space and the rationalisation of street patterns to deliver the most efficient routes through the site from the City Centre to the riverside and Kelham Island

Layout

The West Bar IPG establishes a number of key urban design principles relevant to the layout and urban form of the West Bar Development Area, summarised below:

(i) To achieve key pedestrian linkages and exploit the proximity of the Riverside, Kelham Island and Cathedral Quarter in terms of pedestrian connections and complementary public spaces; (ii) To make use of the new IRR to mark gateways and landmark features; (iii) To ‘place make’ as the area presently suffers from a lack of identity and strong architectural features, other than the Crown Courts; (iv) To avoid closed or inactive frontages on key routes and spaces; (v) To deliver a street based scheme that creates a central focal space and a clear route to the Riverside as a city-wide leisure venue; it is critical to have a variety of streets and spaces, which gives choices to people rather than a set route and;

96 (vi) To create a sense of arrival from the Cathedral Quarter by a new space in front of the Crown Courts and marking pedestrian gateways on West Bar Green, Snig Hill and Corporation Street North.

The West Bar IPG also confirms that a key objective is to ensure the provision of a new open space and high quality public realm for residents, visitors and workers alike. This should include the delivery of wide tree lined boulevards on the IRR frontage, incidental spaces marking the gateways and key routes, a multi-purpose space for residents and workers, a proposed new square at the front of the law courts, taking advantage of the downgrading of this route following completion of the IRR. The indicative site layout drawings presented in the West Bar IPG, which were also included within the West Bar Development Brief in January 2005 indicates a built form that extends around the entire edge of the site with key routes through and across it to ensure permeability.

The layout proposed within the outline application is based upon the concept of a citadel, which has formed the foundation of the applicant’s proposals since their original selection as preferred developer in autumn 2005. The notion of a ‘citadel’ emerged principally due to of the lack of urban context around the site in which a development could integrate. The citadel concept therefore seeks to create its own context by the emergence of a single mass of development, which is then carved by a series of primary and secondary routes with a linear space sculpted from the core of the citadel and oriented north to south to catch the midday sun. The application determines that the square is modeled on a medieval square, which is narrow and long to create both a place and a route through the site. The principles of site layout proposed in this application are detailed in the ‘Proposals’ section above and are each assessed in turn below:

Citadel Edge

The outline application scheme delivers a strong and clearly defined external edge to the West Bar Development Area, which is considered to repair a currently fractured streetscene to a distinct and legible environment. This is broadly achieved by siting buildings around the entire edge of the site with uses that will ensure activity and surveillance over key pedestrian routes. The only exception to this strong frontage is Blocks 09 and 10, which are designed more fluidly to address the constraints of their particular plot area as well as site level change. Block 10 is also designed in a curved form to assist with microclimate considerations. These edge blocks are deliberately recessed from the back edge of pavement to Corporation Street and Bridge Street to ensure the delivery of tree- lined boulevard such that the building line will be set a minimum of 5 metres from the rear kerb line to Bridge Street and 8 metres from the rear kerb to Corporation Street.

The citadel concept has been welcomed both by CABE and the City’s Urban Design Panel and is considered an appropriate approach to place making the West Bar Development Area, which is a key aspiration of the IPG. It is also considered that the external layout parameters, determined by the aspirations for tree-lined boulevards around the site edges, reinforced by a strong back of pavement urban

97 form, will result in an improved pedestrian environment for movement around the site to surrounding areas of the City.

Citadel Markers

The West Bar IPG highlights the objective of utilising the Inner Relief Road to mark gateways and landmarks as well as marking pedestrian gateways from Snig Hill, West Bar Green and Corporation Street North. It is considered that the layout of the site proposed within this outline application achieves this objective by siting ‘tall’ buildings at each apex of this triangular citadel form.

As proposed, the scheme delivers a ‘family’ of three towers, which has evolved such that Block 10 is the dominant element acting as a key gateway to the site from the direction of Tenter Street and a visual marker from key routes from the City Centre via Paradise Square. Block 09, which is slightly lower in height than Block 10, provides the marker from Snig Hill with Block 01 being significantly lower in height but serving as a marker to the site from the Inner Relief Road and gateway to this part of the City for visitors arriving from the north. It is proposed that a family relationship be developed between these taller buildings in terms of architectural treatment and detailing of the facades such that a clear identity is established. On this basis, it is considered that the siting of the taller citadel elements serves well to mark the gateways and landmark features.

Central Square

The central focal space, carved from the citadel, is a key element of the urban design approach expressed in this application and is also a principle objective of the West Bar IPG. The outline application proposes a public central space designed to a minimum 23 metres in width to ground floors and a minimum of 75 metres in length to achieve a 3:1 width to length ratio.

The format and scale of the central space has been the subject of lengthy discussion with the applicant in the course of pre-application and application negotiations to ensure that its scale and form is appropriate to the design aspirations for the wider Development Area. A principle concern was the length and width ratio and the resulting character of the space created, such that it should become a useable public space, not least in terms of daylighting, sunlighting and micro-climate, the details of which are considered later in this report.

The applicant states their intention within the application to deliver a tightly enclosed space that creates a sense of enclosure. In their view, many urban spaces are over-scaled and the most successful squares are much narrower than assumed with the best spaces edged by buildings to a 1:1 enclosure ratio i.e. the width of the space is the same as the height of the surrounding buildings.

The Council have considered the form of the public square and the justification provided within the application for the creation of a tightly enclosed space, which is considered to be consistent with the citadel concept. Moreover, the buildings that edge the square have been designed to secure a 1:1 enclosure ratio through setbacks to the upper floors, which will ensure a relationship between buildings

98 and spaces of a broadly human scale. Whilst it is acknowledged that this tight urban form precludes some daylighting of the central space throughout the day and becoming particularly shaded in the early evening hours even in summer, the Council have sought to ensure that the height of Blocks 07 and 08 to the south of the square are restricted in height to ensure that levels of daylighting into this space are maximised. In Spring and Autumn, more than half the square will not be overshadowed at 12 noon with none of the square overshadowed at 12 noon in mid-summer, to capitalise on lunchtime use of this public square for the employees within the predominantly commercial accommodation that surrounds the space. On balance, the Council therefore accept the principle of a tightly enclosed space in recognition of its role within the wider citadel concept. Thus, the principle of a public square of a minimum of 23 metres in width and 75 metres in length with a 1:1 enclosure ratio secured to the upper floors of development adjoining the square is considered appropriate with the subsequent implications for the layout of the site.

Citadel permeability

Key objectives expressed within the West Bar IPG relate to the permeability of the site in terms of a variety of streets and spaces and the provision of key pedestrian linkages to exploit the proximity of the Riverside, Kelham Island and Cathedral Quarter to the City Centre.

The layout of buildings within this outline application is designed to deliver a dense mixed-use neighbourhood punctuated by a series of public routes and spaces. Indeed, the application determines that the streets that enter the Central Square are designed to be tightly enclosed to emphasise the feeling of space within the square and to guide movement through the area. As described in the ‘Proposal’ section of this report, the siting secured within this application on the basis of a comprehensive approach to the West Bar Development Area, allows the re- organisation and rationalization of existing street patterns to provide more direct north-south and east-west links through the area. This is considered to be a significant component of the application and substantial benefit to permeability of the City, which can only be achieved through the site’s comprehensive delivery.

Thus, as part of this outline approval it is determined that all primary routes that run directly through the site – West Bar Lane (from West Bar Green to the Central Square), Love Lane (Bridge Street to the Central Square) and Plum Lane (from the Central Square to Bridge Street to connect to Millsands and the Riverside) will be a minimum of 8 metres to 12 metres in width. Moreover, the entrances at West Bar Green (surrounding Block 10) and Snig Hill (surrounding Block 09) will be designed as high-quality public spaces to direct pedestrians through these spaces and onto the primary routes. A further series of secondary routes are also proposed to a minimum width of 8 metres. The most significant of these is the north-south link from Central Square to a new public space between Blocks 02 and 01/03 to be known as Kelham Square; a campanile is designed within Block 01 to act a marker towards Kelham Square and to the routes across the IRR to Kelham Island. Additionally, public pedestrian routes are also secured at ground level within the built form between Blocks 02 and 04, Blocks 04 and 05, between Blocks 05 and 11 as well through Block 06 from the Central Square to Bridge Street. The design of

99 these routes will form part of future reserved matters applications but could take the form within the commercial buildings on the western edge of the site of double height atria through the blocks if designed as a single block rather than an individual building. However these routes might be designed, their principle is established as part of this application. Indeed, the above routes are indicated on a public realm plan, which it is proposed to condition as part of this approval

The Council considers that the layout as proposed, with a series of primary and secondary routes running both north-south and east-west and linked to a series of public spaces and the central square, meets the objectives of the West Bar IPG outlined above. It is accepted that the quality of these spaces will be fundamental to their success. However, it is considered that this can be secured via appropriate conditions and subject to the submission of a reserved matters landscaping application in due course.

Scale

The proposed maximum scale of development is set out at Table 1 of the report within the ‘Proposals’ section. This clearly illustrates the range of massing proposed across the application site from 7 storeys to a maximum of 28 storeys. Also relevant is the range in buildings heights measured as ‘above ordnance datum’ (AOD), which varies from 22.0 metres AOD on Block 07 to 86.5 metres on Block 10. A building of the same number of storeys may have a different AOD due to variations in floor to ceiling heights between the different uses.

In assessing the scale of development proposed within this outline proposal the relevant policy context is principally determined by the UDP and other material considerations including the Council’s Urban Design Compendium and the West Bar IPG.

Policy BE2 of the UDP determines that new development will be expected to respect the skylines, roofscapes and views that are particularly visible within the City. The Urban Design Compendium sets out proposals for tall buildings on a city-wide basis and identifies key locations where tall buildings are likely to be acceptable subject to a detailed urban design analysis. The West Bar IPG promotes a general massing of five to six storeys with opportunities to mark the gateway with distinctive high quality buildings as well as making use of the new IRR route to mark gateways and landmark features.

In broad terms, the maximum scale of development proposed within this application exceeds that set out within the urban design framework of the IPG. As such, the application includes a detailed analysis of the impact of the taller buildings on the skyline and on key views and the relationship of the entire site to the surrounding area. The Design and Access Statement submitted with this application provides a detailed analysis undertaken by the applicant including an assessment of key views at near (IRR, Paradise Row, Cathedral Square, Castlegate), medium (South Street, A57 Parkway, Spital Hill) and far (Norfolk Park, Parkwood Springs, Penistone Road, Crookemoor) distances from the site. In summary, the applicant’s assessment revealed the following:

100 View Impact Norfolk Park The view from Norfolk Park is deemed to be sensitive given its historic significance and its usage by the public. The West Bar scheme sits to the right of the panorama across the City and remains below the horizon set by the hills beyond the City Centre Parkwood Springs This is defined as an area of scrubland to the north-west of the City that is used for occasional recreational amenity by local people. It is not deemed to be a particularly sensitive view and the West Bar development is visible as part of the wider panorama but not considered out of context with other built or proposed towers nearby and does not break the horizon. Penistone Road A main approach into the City Centre with the spire of the cathedral creating a focal point. It is defined to be of medium sensitivity but is experienced by large number of people. The West Bar proposal will be highly visible and all three towers will be evident in the view. The scheme does not, however, compete with the prominence of the Cathedral. Crookesmoor This view extends from Crookesmoor towards the west of the city centre. The assessment concludes that West Bar will have a limited impact on the skyline from the distance and cannot be seen from the park, although it will be present in the skyline as a cluster from apartment blocks in Crookesmoor. Relative to the wider skyline, the impact is deemed to be modest. Broad Lane This is a busy route into the City Centre that is experienced by a large volume of people and is therefore rated of medium sensitivity. The proposed development will be very prominent with Block 10 in particular punctuating and partially closing the vista; consequently, the impact is deemed to be significant but positive. South Street/Park The assessment of views acknowledges the future regeneration of Park Hill and the increasing population. It is concluded that the development at West Bar will have a significant but not dominant presence in the panorama from Park Hill. The three towers are visible to the right of the view stepping up in height from left to right and leading the eye towards the spires of the City Centre without obscuring or exceeding them in height. A57 Sheffield Parkway The towers of West Bar will appear to the right of the view from the unfolding vista of the city centre

101 from the A57; it is concluded that they will mark the northern edge of the centre without affecting the view of City spires. Spital Hill There are good views of the cluster of buildings on top of the hill in the city centre and it is therefore identified as a view of medium sensitivity. The analysis identifies West Bar to be visible to the right of the view away from sensitive spires and the Town Hall tower. It will show the triangular arrangement of the towers and should therefore enhance views along the street. Inner Relief Road Not a historically sensitive view but a busy route. It is concluded that the development will have a major impact on views from the IRR by removing a fragmented and non-descript ground of buildings and creating a major landmark on the route. Paradise Square Defined as a highly sensitive viewpoint given its historical and architectural significance. Block 10 sits precisely at the focal point of the perspective down Paradise Street with the view of the tower at its most discreet and slender given the angle of view such that it is not considered to overwhelm the Georgian buildings. Cathedral Square This is identified as the most historic and architecturally sensitive. At pre-application stage, initial analysis indicated that Block 10 appeared over the roof of the Cathedral. The scheme has subsequently been revised such that no buildings are visible above the roof and there is therefore no impact upon this view. Castlegate This is identified as a view of medium sensitivity that is likely to change in light of proposed redevelopment in this location in the future. Block 09 will provide a strong landmark along the street and the assessment therefore concludes that it must be a high quality design to contribute positively to this view. Table 4: Summary of impact on City views.

Using the 3D City Model, officers have subsequently validated the assessment of key city centre views submitted by the applicant and concur with the findings of their analysis.

Block 10 clearly represents the tallest building within the application site rising to 86.5 metres AOD and comprising approximately 28 storeys of accommodation. Within the UDC, Tenter Street South, which broadly encompasses the application site, is identified as a potential tall building zone and as such, the principle of a tall building in this location is broadly established. Furthermore, it is evident from the analysis of city-wide views that whilst clearly visible from a wide area, the height of Block 10 will not break the skyline when viewed from afar. In terms of near views,

102 the layout and curved form of Block 10 is important in providing an appropriate landmark role in sensitive views from Paradise Square as well as closing the vista and therefore acting as a gateway in views from Broad Lane. Most importantly, its height is below that at which it would be visible above the Cathedral roof from the Cathedral Square. It is therefore concluded that the height of Block 10 respects the skylines and roofscapes of the City in accordance with Policy BE2 of the UDP.

The height of Block 09 has been reduced in the course of application from 82.0 metres initially proposed to a maximum height of 75.0 metres AOD. The purpose of this decrease in height is to protect the ‘family’ relationship between the three towers such that Block 10 is predominant, the scale then stepping down to the east to Block 09 and then further at the northern tip of the site at Block 01 to 57.5 metres. Block 09 will evidently be highly visible from Castlegate but does not impact upon longer views of the City Centre and in this regard, is also considered to respect the City skyline in accordance with Policy BE2.

Finally, Block 01 at 57.5 metres AOD correlates to the height of the approved development at the Hancock and Lant site on the Wicker, which is in a similar topographical location as the northern tip of West Bar. It is clear from the views analysis that the height of Block 01 does not, individually, impact on wider city views but is clearly seen as part of the ‘family’ of three towers from longer vistas and will clearly function as a gateway role on the Inner Relief Road. As such, a tall building in this location is also considered acceptable in principle.

It is considered that the applicant has submitted a sufficient justification for the location of three tall buildings as part of the West Bar Development Area. It is evident, however, that the site is visible from a broad area of the city and the three towers will clearly be perceptible as a group. It is for this reason that officers have consistently sought to secure a relationship between the three towers in terms of their design and external appearance (considered in the section below), particularly to the top of each building, which will be most visible. However, it is concluded that subject to securing tall buildings of significant architectural merit, the urban design analysis demonstrates that the scale of these three buildings will not detract from the skyline and are acceptable in principle in accordance with Policy BE2 and guidance within the Urban Design Compendium. The impact on daylighting, sunlighting and shadowing is considered separately in the report below.

With the exception of the tall buildings, the remainder of the site varies in height relative to the surrounding context. Along the Inner Relief Road to the west of the site, these edge blocks vary in height from 8 to 12 storeys. These buildings are predominantly in office use at the upper floors and therefore comprise commercial floor to ceiling heights. It is also relevant to note that set backs are secured to the Central Square to ensure that the 1:1 enclosure ratio to this space is secured. Whilst acknowledging the scale of these buildings, it is considered that they serve an important function in defining the edge of the site to the Inner Relief Road and provide a buffer between the road and the inner Central Square. The width and urban form of the IRR is deemed to justify a fairly substantial scale of development in this location and is considered acceptable as a principle, subject to securing buildings of suitable architectural merit, which will be secured by planning condition

103 and is demonstrated within the illustrative information submitted with this application.

To Bridge Street, the scale of development ranges from 28 metres to Block 03 (retail at ground floor + 8 floors of car parking) to nine residential storeys to Block 06 (30.0 metres). Whilst Block 6 is of a substantial scale to Bridge Street, it is lower than the Coode Building opposite and will provide a strong edge to the street as well as incorporating active ground floor units (live/work) to animate the street and provide natural surveillance. Block 06 also includes set-backs of a minimum of 3 metres to the Central Square and public route to the south of the block along Love Street such that these floors will not be visible from eye level from within the Square. The impact on daylighting, sunlighting and shadowing is considered separately in the report below but in principle, and subject to securing a scheme of the quality indicated in the illustrative plans, which will be secured by condition, the scale of development is considered acceptable in this instance given the comprehensive delivery of the site and the wider benefits secured by this comprehensive approach.

The remaining blocks to the rear of the Courts (Blocks 07 and 08) and that to the south of West Bar (Block 12) are all proposed to a maximum of 7 storeys or a maximum of 23.5 metres, whichever is the lower. These are not considered to be prominent skyline buildings and Blocks 07 and 08 at the maximum height proposed are considered to sit comfortably within the wider scheme. A maximum of 23.5 metres to Block 12 is also considered acceptable given its location fronting West Bar although it is acknowledged that this block will require a detailed design assessment to ensure an appropriate relationship to Paradise Street and North Church Street, which will be secured through submission of the reserved matters applications.

Overall, it is concluded that the proposed scale of this scheme, when considered in terms of delivering the comprehensive development of the West Bar Development Area is, on balance, acceptable in terms of protecting key views of the City Centre but still delivering a viable proposal to secure the mixed-use regeneration of this part of the City.

Design 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. It also states that new developments should complement the scale, form and architectural style of surrounding buildings and should be of a human scale wherever possible. In large-scale developments BE5 affirms that the materials should be varied and the overall mass of the building broken down and corner sites should be developed to provide a lively and interesting environment.

This application is submitted in outline with matters of external appearance and landscaping to be reserved matters for future consideration. However, it is clearly critical that both the external appearance of the buildings and landscaping of the public realm and public spaces are of the highest architectural merit, to accord with

104 the aspirations of PPG1, the West Bar Interim Planning Guidance and relevant policies within the Unitary Development Plan.

It is for this reason that the applicant was required to submit a detailed Design and Access Statement, the key elements of which were subsequently refined and distilled in the course of the application into a Masterplanning Framework. This, along with illustrative drawings submitted as part of the application, outlines the ethos of the design approach including site-wide urban design principles and specific design codes for each block. The essence of this Framework is summarised in the proposals section above.

External appearance

With regard to the external appearance of each building, the Masterplanning Framework defines the fundamental parameters to guide the future reserved matters applications. It clarifies the crucial urban design principles, such as key views, detailed design and materials (including those materials that are considered unacceptable) and skyline considerations. The combination of illustrative drawings submitted within the application, which do not form part of the approval but provide an indication of the final form of development, and the masterplanning framework are considered sufficient to assure the Council that the reserved matters submissions will be of a distinctive architectural merit that is necessary to substantiate the scale of development proposed. This will be secured by a range of planning conditions, which will tie the future reserved matters to the Masterplanning Framework and to the illustrative plans to a lesser degree. In the event that the reserved matters applications for the external appearance of the proposed buildings are not of a sufficient architectural quality, as indicated in the Masterplanning Framework and illustrative plans, the Council are satisfied that such applications could reasonably be refused.

Landscape

As with the external appearance of each block, the outline application incorporates a detailed appraisal of the proposed landscaping of the site within the public realm. The Masterplanning Framework seeks to define the character of the public realm throughout the site in terms of primary streets (the main routes indo the site), the secondary routes (east to west links) and the new public realm to Bridge Street and the perimeter street palette, which relates to Corporation Street and which specifically will be undertaken to the Council’s requirements set out in the Urban Design Compendium and the IRR design guide.

In addition, the Masterplanning Framework establishes the parameters for each public space:

The Central Square is to be designed of high quality materials typically including footway surfaces of flush natural stone slab pavers or equivalent and granite kerbs. It will be a distinctive location to which the public art proposals are likely to contribute to the effective creation of place. The Design and Access Statement clarifies that tree planting will be used to provide areas of shade and soften the

105 square with street furniture appropriately designed and incorporated to create a useable area.

West Bar Green, which surrounds Block 10, will also incorporate a high quality stone surface to connect with similar materials utilised in the Cathedral Quarter. Street elements such as a distinctive water feature and low planters/seats are envisaged with a number of trees also integrated into the design to extend the existing tree provision around the Courts.

Snig Hill, which forms the base of Block 09, will be designed as a sloping terrace to overcome the significant change in levels across the site, intended to comprise lush planting over stone terraces. The application advises that the ramp to the west of Block 09 will be designed to be DDA compliant.

Kelham Square, which lies between Blocks 01 and 02 will comprises a high quality surface in stone with high quality seating, tree planting, lighting and a public art feature.

Having considered the landscape information submitted by the applicant, the Council is satisfied that by means of planning conditions, an appropriate quality of public realm can be assured. It is considered that the public spaces will be of a high quality and deliver useable spaces that will contribute to the regeneration of the wider site.

Access and Transport Assessment

The outline application considers the matter of access to be determined at this stage, which means the accessibility to and within the site for vehicles, cycles and pedestrians in terms of positioning and treatment of access and circulation routes and how these fit into the surrounding road access network. A Traffic Impact Assessment was submitted as part of the application to assess the transport impact of the proposals.

With regard to vehicle access, the application includes an Access Regulatory Plan, which indicates points of vehicle access to the site:

There are two main points of vehicle access from Corporation Street. The route between Block 4 and 5 will be ‘in’ only and will provide the main service access to the site. The route between Blocks 5 and 11 will be two-way providing prison van access and egress to the courts. This route also serves as a two-way access to the basement car park under Blocks 5 and 11. There is a further car park access into Block 4, which provides a ‘left in’ and ‘left out’ access and egress onto Corporation Street.

These access points feed into a one-way traffic system for service vehicles that enter the site through one of the links from Corporation Street into the main square. From here the service routes exit via either Plum Lane or Love Lane onto Bridge Street. The route adjacent to Block 8 (Love Lane) is two-way to allow access and egress for court staff.

106 The Courts require prison vans to gain access to the western gate via the route between Blocks 5 and 11 as well as requiring an alternative route if this primary route is blocked. There is also a need for Court staff to have access to the eastern gate for staff parking. This is achieved with a vehicle access under Block 8.

Access to Block 03 (multi-storey car park) is via Bridge Street, which is now one way running southwards following the completion of the Inner Ring Road. Stacking capacity can be provided on-street at peak hours.

Access to the multi-storey car park at Block 12 is currently proposed from Paradise Street.

The matter of access and the impact of the development on the surrounding highway network have been fully assessed by the Council, including a detailed analysis of the Transport Assessment. In terms of access, it is concluded that the proposed access points are broadly acceptable in principle although there is some concern that the access to the multi-storey car park at Block 12 should be taken from West Bar rather than Paradise Street and it is proposed that this form a condition of the outline approval.

With regard to traffic impact, a full traffic modelling exercise has been undertaken that considers the existing traffic scenario based upon the current Inner Relief Road (IRR) and then provides an assessment based upon the situation in 2011 with and without the application as proposed. In summary, the traffic modelling reveals that the proposed development has little impact on the movement of traffic and highway capacity in and around the site, with the exception of the route from West Bar to Brook Hill via Tenter Street and Broad Lane. It is therefore considered that a level of improvement to the West Bar Roundabout, in order to enhance pedestrian access to the site, control traffic flow, accommodate additional traffic generation and accommodate the access to plot 12 are required. At the time of writing this report, the extent of these works is still to be clarified and Members will be updated on this issue directly at Planning Board.

Parking provision

The application proposes the following parking provision relating to a maximum of 1181 car parking spaces:

− 1074 spaces to be provided within two multi-storey car parks at Blocks 03 and 12, the former provisionally including both public long-stay and short- stay car parking as well as private car parking associated with the development and the latter being allocated in association with future occupiers of the development; − 107 spaces as basement car parking under Blocks 02, 04, 05 and 11 for the exclusive use of the occupiers of those blocks.

On the basis that this is an outline submission it is relevant to note that the application anticipates that car parking will be allocated in a flexible way subject to management strategies, which are to be agreed by condition. For example, the applicant envisages that residential parking provision will involve the sale of a

107 lease on spaces within the multi-storey car parks as part of the sale of the apartment. For example, a floor within Block 3 will be allocated for the use of the residents of Block 6 with a possible bridge link provided between the two. However they advise that take-up of these parking spaces will depend on the strength of the market at the time of development and it may be that fewer spaces are required.

With regard to parking provision for the live/work units, each of the 8 to 12 units have been provided with 1 space per unit, with the potential to purchase further spaces. The hotel, retail and café/bar/restaurant uses, as well as the student accommodation in Block 9, are designed without specific car parking provision, albeit that a level of public car parking is proposed within Block 03 and a minimum level of disabled spaces will also be secured by condition as part of this outline application.

Policy T21 of the UDP advises that provision will be made for car parking where it would meet the operational needs of businesses, be essential for the viability of new development, enable ready access to the City outside peak hours or improve the environment or safety of streets and provided that it would comply with the parking guidelines set out in the UDP. The Unitary Development Plan parking standard for B1 office space is a maximum of one space per 100m2 of floor space. This would equate to a maximum requirement of 855 spaces for the proposed workspace, which is 79% of the spaces in the scheme as a whole. However, Blocks 2, 4, 5 and 11 have 107 spaces in the basement car park with capacity also provided within the multi-storey car parks. The car parking standard is a maximum and this application therefore complies with the principles of Policy T21 and it is considered that there is sufficient car parking provision for the commercial aspects of the development subject to conditions regarding the allocation and management of car parking spaces.

With regard to the level of residential parking provision, it is relevant to note Guideline 14 of the City Centre Living Strategy, which advises that residential developments within the City Centre may be acceptable without car parking although it will be expected to provide parking for disabled residents/visitors and residents’ cycle parking. As noted above, it is the intention that residential development within Blocks 10 and 06 will have access to a proportion of parking, subject to demand. It is the case that the student accommodation will comprise a car-free development but this is consistent with the City Centre Living Strategy.

Disabled parking spaces will be provided in each of the multi-storey car parks and the basement car park for Blocks 02, 04, 05 and 11. This provision is intended to serve Blocks 01, 03, 02-05-11, 06 and 12. Blocks 07 and 08 will be served by disabled spaces in the under-croft below Block 08 whilst Blocks 09 and 10 will be provided with spaces within the public ream or on-street at the base of each tower. The provision of disabled car parking, including its location specific to each block, will further be secured as a condition of this approval.

Overall, it is considered that the provision of 1181 car parking spaces is acceptable in principle to serve the West Bar Development Area subject to appropriate planning conditions.

108

To promote access to the proposed car parks, a contribution has been sought towards Variable Message Signage to connect with the City’s VMS system. The car parking variable message signs that will be in place by the time the developments are on line will effectively need to be amended to include the new public car park that the application proposes at Block 03; the proposed car park at Block 12 is anticipated to be for the sole use of the residential development within the site and is therefore not a public car park requiring connection to the VMS system. There will also be an element of traditional ‘static’ signing required, which may be provided separately as part of any Section 278 works. The total cost of the works is currently unknown and further design work will need to be undertaken. A condition is therefore proposed seeking the provision of VMS signage subject to each relevant parcel of development.

Travel by means other than the private car

It is acknowledged that the application site lies within a highly sustainable location, within walking distance of the City Centre and with access to a range of means of public transport. However, to promote travel by means other than the private car, a range of contributions are proposed within this application to encourage both cycling, walking and the use of public transport:

1. A contribution of £15,000 towards the Cycle Connect scheme – a comprehensive system of cycle route signage for the City Centre;

2. The upgrading of two bus shelters to existing stops that serve the site at a total cost of £10,000; these works were proposed by the South Yorkshire Passenger Transport Executive to promote travel by means other than the private car;

3. The provision of 8 car club spaces to be located on the highway within or adjacent to the boundary of the application site;

4. A contribution of £30,000 towards the Council Connect scheme, which is designed to make it easier for visitors to find their way around the City through improved vehicle signage, electronic messaging panels, panels comprising maps with City Centre information etc.

Accessibility

There are significant level changes across the site, which slopes significantly from the highest point in the south-west corner downwards towards the north and east. This application seeks to establish a common level for the public realm throughout the core of the site of 49.3 metres AOD. The level difference between this and West Bar Green (54.9 metres AOD) is managed through the public realm works and the introduction of a stairs and an external lift, the latter of which will be managed as part of Block 10. Bridge Street is slightly lower than the predominant public realm and the difference is taken up by a series of shallow ramps on Plum Lane, Love Lane and the route to the north of the square. The applicant therefore advises that the scheme will be entirely accessible to disabled people throughout.

109 On this basis, it is considered that appropriate conditions will further secure the accessibility of the scheme throughout the public realm.

Policy H7 of the UDP advises that all new housing should be provided with at least 25% of the accommodation to mobility housing standards, which will be sought as a condition of this approval.

Air Quality

The scale of development proposed within this application warranted the submission of an Air Quality Assessment, which forms part of the Environmental Statement. The Assessment considers the baseline situation and then determines both the direct and indirect effects of the development at construction and completion phase. Mitigation measures are also identified where appropriate.

Within the UDP, Policy GE23: Air Pollution determines that development will be permitted where it would not locate sensitive uses (which includes residential) where they would be adversely affected by sources of air pollution. More recently, the Draft Regional Spatial Strategy for Yorkshire and the Humber (RSS12) advises that air quality considerations must be properly considered along with other material considerations in the planning process, particularly so where Air Quality Management Areas (AQMAs) have been designated.

The application site forms part of the City Centre, which was initially designated as an AQMA in 2002, as set out in the Sheffield City Council Air Quality Management Plan (2003). In 2007, the AQMA was extended to cover the whole of the urban area. The Air Quality Management Plan identifies a series of key measures to improve air quality within the City including mechanisms such as the Quality Bus Corridor programme, a major expansion of Park and Ride, promotion and publicity to encourage car drivers to become public transport passengers and the adoption of Travel Plans by all major employees.

With regard to the construction phase, the assessment concludes that associated dust impacts are not easily quantified at this stage and the emphasis is therefore on mitigating potential dust impacts at source through appropriate environmental management controls, which can be secured by means of planning conditions. The assessment therefore focuses principally on the completed development.

The assessment determines that traffic flows generated by the site will change as a result of the completed development in both their composition and volume. Currently the site is predominantly in industrial use and generates HGV traffic movements, which will be removed as a result of the proposals. This change in traffic has the potential to affect local air quality, potentially causing pollutant increases in some areas and decreases in others. Overall, the development is predicted to lead to either no change or slight decreases in pollutant concentrations at the receptor locations utilized as part of this assessment (nearby residential receptors). The pollutant concentrations at the new residential locations proposed as part of this scheme are also modeled to be well below the current air quality objectives for the City in 2011. Accordingly, the proposed development is considered to have an insignificant to minor beneficial impact on Air Quality within

110 the City in relation to the AQMA and no mitigation is therefore required. The application is therefore considered to accord with the principles of Policy GE23 and guidance within RSS12.

Phasing

The application advocates a phased approach to the development of the site, principally as a consequence of land assembly and the commercial reality of delivering a scheme of the scale proposed. The development of each phase is proposed to be controlled by planning condition with the commencement of development required before the expiration of 2 years from the date of approval of reserved matters relating to that phase. However, the phasing has also been considered with particular regard to the provision of new public spaces and the public realm in accordance with the specific requirements of the West Bar Interim Planning Guidance.

The delivery of the public realm and routes through and around the site forms a key element of the success of this proposal and a fundamental basis for seeking the comprehensive approach to development. The phasing therefore comprises a series of land parcels, to which the delivery of the spaces around and between the buildings will be secured. There are four specific elements to be committed within this phasing strategy:

(i) Blocks 03 and 06: to be delivered concurrently to secure appropriate parking provision for the residential development and associated public realm works to Bridge Street; (ii) Block 06: If procured prior to Blocks 04 and 05, will be tied to the delivery of the Central Square as well as public realm works to the Bridge Street frontage; (iii) Blocks 04 and 05: Delivery of the Public Square (if procured before Block 06) and the perimeter public realm works along Corporation Street; (iv) Block 01: delivery of Kelham Square.

It is considered that this proposed parceling of land is an effective mechanism to deliver a high quality urban realm that will secure a comprehensive approach to development and an integrated scheme that provides a series of clear and legible routes for pedestrians linking the City Centre with the Riverside, Nursery Street and Kelham Island, in accordance with the key principles within the West Bar IPG.

Flood Risk

Policy GE20 of the UDP advises that development will not be permitted where flooding risks to it or to existing development would not be overcome by suitable on-site protective measures and where necessary, off-site flood prevention measures will be required.

The northern section of the site, broadly extending northwards from land just to the south of Plum Street, falls within Flood Zone 3, as defined by the Environment Agency Flood Zone Map. Zone 3 is defined as land with a high probability of river flooding based upon a 1 in 100-year scenario. The southern part of the site lies

111 within Flood Zone 1, which is deemed to have a low probability of flooding (less than 1:1000 annual probability).

On the basis of the inclusion of part of the site within Flood Zone 3, the applicant was required to prepare a Flood Risk Assessment, which was submitted with the application. Planning Policy Statement 25: Development and Flood Risk also advises that a sequential based approach to determining the suitability of land for development in flood risk areas is central to the policy approach and relevant applications, including this proposal, must also therefore be subject to a Sequential Test with the aim to steer new development to the lowest probability of flooding. In essence, the Sequential Test requires the applicant to demonstrate the reasoning for the location of development within Flood Zone 3 rather than sites with a lower probability of flooding. PPS25 states that only where there are no reasonably available sites in Flood Zones 1 or 2 should decision-makers consider the suitability of sites in Flood Zone 3, taking into account the flood risk vulnerability of land uses. Should the Sequential Test be met, the applicant is then required to demonstrate that the Exceptions Test can be passed, which must broadly establish that the development provides wider sustainability benefits to the community, that the development is on Brownfield land and that the development will be safe (as demonstrated by the Flood Risk Assessment).

The Environment Agency initially objected to the original submission on the grounds of an insufficient Flood Risk Assessment and Sequential Test, to which the applicant responded with further analyses. The revised Sequential Test confirms the scope of the assessment to be the city centre boundary set out in the Draft City Centre Masterplan, published in November 2007. The applicant advocates that the policy emphasis placed upon the regeneration of key areas of the city centre and the importance of delivering headquarter office floorspace, together with the need for sustainable development on previously developed land, requires a focus for city centre sites. The applicant subsequently considered the availability of alternative sites within the five other key project areas within the city and highlighted that of the five areas, only Tudor Square/Roxy Cultural Quarter and part of the New Business District (NBD) lie within Flood Zone 1 with the remaining areas situated either within Flood Zone 2 (Castlegate/Victoria Quays) or Zone 3 (Wicker/Riverside and the Sheaf Valley). The applicant undertook a sequential test of sites within the project areas within both Zone 1 and Zone 2 but could not identify any reasonably alternative or available sites to that at West Bar. On this basis, the report concludes that the proposed development at West Bar complies with the Sequential Test.

The Environment Agency have advised that the revised Sequential Test gives satisfactory reasons for the chosen area of search, including Local Authority planning policy in the form of the UDP and the West Bar Interim Planning Guidance. The report identifies that there are only six possible alternative sites within the area of search and then continues to discount each of these in turn. The EA determine that subject to the council satisfying themselves that the area of search is appropriate, that there are only these six possible sites within that area and that the reasons for discounting them are fair and accurate, they withdraw their objection on Sequential Test grounds. The Council conclude that given the urban form of the West Bar proposals, which include the provision of high-specification

112 offices appropriate to a City Centre location, the area of search is suitable and the applicant’s analyses of the sites within the project areas that lie within Flood Zones 1 and 2 is thorough and rational. The findings of the Sequential Test and also the Exceptions Test are therefore accepted in accordance with PPS25.

The applicant’s revised Flood Risk Assessment has also been considered by the Environment Agency but, at the time of writing this report, the EA remain concerned that the FRA does not sufficiently address the issue of surface water flooding. Members will be updated on this matter directly at Planning Board as it is anticipated that the issue can be resolved prior to the Board meeting.

Ecology

The application includes an Ecology Report and an additional addendum as a component of the EIA, which describes the ecological resources at the site and predicts the effects of the proposals on these resources, including both Flora and Fauna.

The applicant’s baseline assessment concludes that there are no trees and shrubs of high ecological importance within the area affected by the development.

With regard to fauna, the initial assessments have revealed some evidence of bats in terms of low numbers of the Pipistrelle species that were recorded commuting and foraging across the site. The majority of buildings were deemed to be of low potential for bat roosts due to restricted roof access although it was not possible to access all of the buildings. As such, further surveys may be required prior to demolition. However, in principle, the impact of the demolition and construction process on the bat population is deemed to be an adverse impact of minor significance or no adverse impacts given that the phased nature of the development could ensure that the loss of general bat roosting activities could be compensated by the provision of bat boxes. Once completed, it is noted that common Pipistrelle bats are known to be tolerant of lighting but the report notes that areas of landscape planting or routes to alternative roosts should be lit with low pressure sodium lamps and where possible, not at all.

A bird survey was also undertaken. It is acknowledged that the buildings provide nesting opportunities for species such as house sparrow and swift although none were recorded on site. The site also supports buildings and habitats suitable for nesting black redstarts (an amber list species of medium conservation concern and a Wildlife and Countryside Act Schedule 1 species) and there is some evidence of black redstarts in the vicinity of the site although none were recorded in the course of the survey. In the absence of appropriate mitigation during construction, the ES determines that there is a possibility of disturbing nesting birds during site clearance and demolition but this would not be a significant impact unless black redstarts were disturbed. Once the development is completed, the report concludes that no significant impacts on the bird population are anticipated.

Subject to the imposition of relevant planning conditions regarding further bat surveys prior to demolition, the appropriate provision of bat and bird boxes at each phase of development and subject to an appropriate landscaping scheme being

113 secured by condition, the ecological assessment is deemed acceptable and no adverse impact is predicted overall.

Wind Microclimate

The Environmental Statement includes an assessment of the effect that wind has on the microclimate on and around the site, including an assessment of the existing site and the impact of the proposed development, which is achieved by means of a computer model. The prevailing wind direction is identified to be from the south-west and to a lesser degree, from a westerly direction with significant contributions from the northwest and northeast. The assessment determines that the site at present is more exposed to winds from the west and south-west with the Law Courts offering some protection to the south. The area is deemed to be tolerable for most activities that take place on the site currently.

During construction, the assessment concludes that the phasing of development may cause temporary localized wind acceleration around the base of new buildings to a maximum level of an adverse impact of moderate significance. To mitigate for these temporary impacts, fencing and landscaping will be used to protect and separate pedestrians from building areas. With mitigation in place it is envisaged that the development in the construction phase will have no significant impact on the microclimate of the surrounding areas.

In the completed phase, the outline application proposal has been subject to computer modeling to determine the effect on the microclimate. Computer simulations indicate that the proposed buildings will provide a certain degree of shelter through structural obstruction to wind flow but it will also create zones where the wind will be accelerated. More specifically, the results reveal the following:

− Bridge Street and towards the east of the site: reduced wind speeds such that the impact on Bridge Street is deemed to be none for the road to a beneficial impact of very substantial significance for activities such as sitting.

− At ground level, directly adjacent to the perimeter of the site along Corporation Street, there is determined to be an adverse impact of medium significance, which is moderately adverse for walking.

− To the west of Block 10, the building façade produces accelerated flows, which for walking activities generates a moderately significant adverse impact. To the east of Block 10, where the planned sitting areas are sited, the oval shape of the building helps to reduce the effect of wind ‘downwash’ such that for sitting activities, the effect is a moderately significant beneficial impact.

− Small to medium adverse impacts are identified through the passages between Block 02 and 05 and between Block 04 and 05 and for walking activities in these locations it is deemed to represent adverse impacts of slight significance. Between Blocks 02 and 03 wind is funnelled creating an impact for pedestrians of a slightly significant adverse impact.

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− The northern part of the site shows some evidence of wind acceleration although as there is no seating in this location, the impact is deemed to be none to slightly adverse.

In respect of the planned sitting areas and entrances on site, the assessment concludes that there will be no significant adverse impacts. Furthermore, the central areas are deemed to be sheltered and suitable for the proposed activities.

To mitigate the effects of wind acceleration as identified above, the application proposes a series of measures to produce comfortable environments for the relevant activities, as detailed below:

− Soft landscaping to be provided to the perimeter of the site and within the courtyards; − Mesh screens to the stairs located between Plot 11 southern edge and Plot 10; − Wind screens to be placed at the base of Plot 10, which will reduce the impact to moderate adverse. Any further mitigation is deemed to have an impact on pedestrian circulation and/or strategic views.

It is evident that the proposed development will have some impact on the wind microclimate and the level of mitigation is not sufficient in all cases to reduce the impacts to small adverse or negligible. However, the impact is limited to moderate significant to the west of Block 10 to a level that is deemed tolerable for the intended activity of ‘business walking’ and a slightly significant adverse impact between Blocks 04 and 05. It also remains slightly adverse between Blocks 02 and 03 but conditions are again within the comfort zone for the intended activity (business walking). Significantly, the surroundings and courtyard areas were deemed to present favourable conditions for walking and the central square showed compliance with the comfort criteria for sitting. On the basis of the above, and subject to the imposition of relevant conditions, it is considered that the application has sufficiently assessed the impact of the development on microclimate and the effects are within a tolerance that is acceptable to the activities proposed.

Daylight, Sunlight and Shadowing

The outline application includes a full assessment within the Environmental Statement (ES) of the potential daylight, sunlight and overshadowing impacts of the proposed development on the existing residential buildings to the east of the site on Bridge Street, which comprising the following:

Building A: Riverside Exchange (most northern block) Building B: Riverside Exchange (middle block) Building C: Riverside Exchange (corner of Bridge Street/Millsands) Building D: Coode Building

The ES determines that the impact of any new development should be considered on several levels with regard to sunlight and daylight and it is important to

115 distinguish between the two. With regard to sunlight, the main aim is to retain the highest sunlight hours possible and it is the duration of exposure rather than the amount of sunlight that is more relevant. Daylight is a more quantitative analysis such that should a new building be in close proximity to another that is much higher, it may block available daylight from the sky during both sunny and overcast conditions. It is also noted that it is important that occupants of residential properties do not feel overlooked and retain a good level of sky visibility. In relation to shadowing impacts, new buildings that are primarily oriented south of existing buildings create shadows that can have an impact and it is for this reason that shadowing studies can indicate the extent of shadowing and the impact throughout the day on different aspects of buildings and spaces. In undertaking their assessment the applicant principally refers to Building Research Establishment (BRE) Guidance – Site Layout Planning for Daylight and Sunlight (209 and 8206) and has utilised the maximum building heights illustrated in the outline proposals.

During construction, the ES concludes that there will be no significant impacts on daylighting, sunlight or overshadowing. The following section considers the impacts associated with the completed development:

Overshadowing

The Assessment considers the amount of predicted shadow from the new development to existing buildings and within the site. The shadow studies were carried out for key times of the year – at 8am, 12 noon and 5pm in the middle of winter, mid-Summer and at the Spring and Autumn Equinox.

During the winter solstice, the central square is deemed to be in almost permanent shadow. At the equinox (which is deemed to represent a good average) the sun only penetrates 50% of the central space between the buildings and only for two to three hours per day.

The ES states that by running a full cast shadow analysis of the site conditions on 21st of March it is possible to plot areas of permanent shadow. The results reveal that by measuring these areas as a proportion of the total site area, the amenity areas around the buildings meets the 40% base requirement recommended by the BRE and also exceeds the preference for only 25% of the area to be in permanent shadow as the area in permanent shadow is only 15% of the total area. The impact is therefore determined to be adverse but of slight significance.

In terms of the impact on existing residential buildings, Block 01 is situated to the north of Building B and will cast limited shadows across the west elevation of this building. It is concluded that Block 09 will cast shadows into the offices opposite the site but will have a negligible impact in terms of shadow on the nearest residential properties. This is deemed to represent a negligible change and the impact is therefore adverse but of slight significance.

In terms of overshadowing, it is therefore concluded that the proposed development satisfies guidance prepared by the Buildings Research Establishment in respect of open areas within the site and for public spaces adjacent to it. The

116 impact on adjacent residential properties is deemed to be mildly adverse but of slight significance, which is considered acceptable in this case given the urban form of the citadel concept that forms the basis for the masterplan.

Daylighting

The applicant has applied the BRE 25 ° rule to each of the four residential reception buildings on Bridge Street; this rule determines that for acceptable daylight levels to habitable room windows, a 25 ° line is taken to any facing development from the mid point of a relevant window, or 2 metres above ground level for the ground floor accommodation. Should the new development subtend this 25 ° line, further analysis is then required to determine whether good daylighting can be achieved. This is principally by means of a Vertical Sky Component (VSC) analysis; 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. If the 27% criterion is not met, it must be proven that there will not be a drop of more than 20% in VSC from the existing to proposed condition. The analysis reveals the following results:

Building A: The 25 ° rule cannot be met on any floor of this elevation and it must therefore be assumed that the proposal could have a significant impact on the daylight of this building. Given this level of impact, the applicant has also undertaken a Vertical Sky Component analysis for the lowest floor, which is essentially a measure of the amount of skylight. . However, the lowest residential occupied floor in Building A will receive a VSC of 22.7%, which is marginally below the 27% criterion, with an overall reduction of 41%. It must therefore be concluded that the new development will have an adverse impact of substantial significance on the lowest occupied floor of Building A. Higher up the building the magnitude of the impact lessens so that significance is reduced from significant to moderate and will become negligible where the line from the centre of the window clears the opposite building.

Building B: The 25 ° section from the lowest window on Building B to the closest point on Block 3 opposite clears the top of the building and the new proposals are therefore deemed to have a negligible impact on the amount of light entering buildings. Furthermore, all floors achieve the 25 ° criterion such that the impact on the loss of light to occupants of Building B is negligible and a VSC assessment is not therefore required.

Building C: Applying the 25 ° rule it is concluded that the first three floors will not meet the criterion and on this basis a further VSC analysis was undertaken. This reveals that the lowest floors of Building C have a VSC under existing conditions of 36.2%, which will fall to 17.5% as a result of the completed development and represents an overall reduction of VSC of 52%. This falls below the BRE guidance and it must therefore be concluded that the impact is adverse and of substantial significance. As with Building A, higher up the building the magnitude of the impact lessens so that significance is reduced form significant to moderate and will become negligible where the line from the centre of the window clears the opposite building.

117 Coode Building: As with Building C, it is determined that the first three floors will not meet the criterion established by the 25 ° rule although it is met from the fourth floor upwards, which retain satisfactory daylight. The impact on the lower floors is deemed to be moderate to significant depending on the storey and if an apartment receives any light from the north. Those worst affected within the Coode building are situated directly opposite the site and for these units a further VSC analysis was undertaken. This revealed that the VSC under normal conditions is 35.6%, which will fall to 16.9% with the proposed development, below the 27% target and the most significantly affected. The overall reduction of VSC is 53%. The impact on the first three floors is therefore deemed to be adverse and of substantial significance.

Sunlighting

The sunlighting assessment is used to determine whether the existing residential buildings would obtain enough sunlight hours once the proposed development is completed. The criterion to be met is 25% of annual probable hours of which 5% is to be during the winter months to satisfy a sunlit internal feel to the building. The results reveal the following:

Building A: The elevation fronting the proposed development can receive 34% of available sunlight hours and 5% of those can be achieved in the winter months between September and March. The adverse impact is therefore deemed to be of slight significance.

Building B: The elevation fronting the proposed development can receive 29% of available sunlight hours and 2% of those can be achieved in the winter months. The annual criteria are therefore met but would not be sufficient during winter months. The adverse impact is therefore deemed to be of moderate significance.

Building C: The elevation fronting the proposed development can receive 36% of available sunlight hours and 6% of those can be achieved in the winter months. The adverse impact is therefore deemed to be of slight significance.

Coode Building: The elevation fronting the proposed development can receive 27% of available sunlight hours and 6% of those can be achieved in the winter months between September and March. The adverse impact is therefore deemed to be of slight significance.

Thus, in spite of reductions in daylight values to all four existing residential buildings, all these elevations, due to their south/west aspect still receive good levels of sunlight with the exception of the south end of Block B, which does not receive the recommended level of sunlight exposure during the winter months.

Summary of Results

The daylight, sunlight and overshadowing studies reveal that the proposed development will have a limited impact on the overshadowing of adjacent residential developments and the proposed buildings will not be detrimental to the overshadowing of spaces within and around the development to an unacceptable

118 degree. In terms of sunlight, it is also the case that the existing buildings will, in broad terms, retain sufficient sunlight levels with the slight exception of Block B in the winter. However, it must be acknowledged that in terms of daylighting, the development as proposed will have a detrimental impact to the lowest occupied floor of Building A, the first three floors of Building B, the lowest half of Building C and the first three floors of the Coode Building in terms of the elevations facing the development, which is broadly deemed to be an adverse impact of substantial significance.

To consider each in turn, it is relevant to take into account that Building A is sited approximately 50 metres from the façade of Block 01 and is set back significantly from Bridge Street such that it is considered to create a sense of openness. As noted above, Block 01 will not significantly overshadow Building A and the residential units on the lowest floor will still retain adequate levels of sunlight. Furthermore, the applicant has demonstrated that to subtend the BRE’s 25 ° line, Block 01 would have to be reduced to 4 storeys resulting in the loss of 20,000 square metres of development, which would impact upon the viability of the entire scheme. It is also considered that a four storey building at this key point of the site would conflict with the urban design aspirations and citadel concept of creating a strong edge with landmark features. It is therefore concluded that whilst there is a detrimental impact to ground floor residential units within Block A in terms of daylight, this is not sufficiently detrimental overall to warrant refusal of the development or to seek a reduction in height.

Building B is situated more than 55 metres from the façade of Block 01 and is set back from the Bridge Street frontage. This building also retains sufficient levels of sunlight and will be affected by limited shadows from Block 03. Again, although the first three floors will be affected to some degree, it is considered that, as with Building A, this is not sufficiently detrimental in the context of the wider regeneration benefits of the scheme overall to warrant refusal of the development.

The façade of Building C lies between approximately 28 metres and 49 metres from the façade of Block 03. As noted above, the impact of the proposed development on sunlighting to this existing block is of slight significance whilst the impact on daylighting to the lowest half is deemed to be adverse and of substantial significance. As with Building A, higher up the building the magnitude of the impact lessens so that significance is reduced form significant to moderate. Whilst it must therefore be acknowledged that the proposed development clearly has an impact on the amenity of existing occupiers in terms of daylighting, it is considered relevant to note that the façade of Building C is not directly aligned with Block 03 but rather, is angled towards the south-west, which is considered to reduce the potentially overbearing relationship between Block 03 and Building C. It is also considered pertinent that Block 03 is one of the lower buildings within the development at a maximum height of 28.05m AOD and is of a scale and massing appropriate to Bridge Street such that the impact on Building C is not considered to be detrimental in itself to warrant the overall refusal of the entire development.

The detrimental impact on the Coode Building also relates to daylighting only with overshadowing and sunlighting both deemed acceptable. The impact of the development is considered to be significantly adverse to only the first three floors

119 fronting Bridge Street and it is relevant to note that the ground floor of this unit is not in residential use. It will therefore affect only two floors of residential accommodation. To subtend the BRE’s 25 ° line, the applicant has advised that Block 06 would have to be reduced to 3 storeys resulting in the loss of 17,000 square metres of residential accommodation, which would impact significantly on the viability of the overall scheme. It is also considered that the siting of Block 06, opposite the Coode Building and fronting Bridge Street is entirely appropriate to create a defined street edge, such that the siting of a building of any height to this frontage will have a degree of impact on the Coode Building opposite. On balance, the scale and siting of the development and the impact on the daylight of two floors of residential units is therefore considered to be an acceptable impact in light of the wider scheme, particularly on the grounds that these units will continue to receive sufficient levels of sunlight and will not be unduly overshadowed.

Sustainability

The application includes the submission of an Environmental Sustainability Strategy, which sets out how the applicant proposes to address the issue of sustainable development throughout the detailed design process. The strategy sets out a development specification, which effectively proposes the following key commitments:

− For all demolition work, at least 70% of materials arising will be reclaimed or recycled rather than sent to landfill. Demolition contractors will be required to minimise the quantities of waste materials send to landfill through the use of the ICE Demolition Protocol (2005) and the WRAP Recycled-Content Toolkit. The Protocol is a set of methodologies to achieve resource efficiency in construction and demolition by minimising waste and specifying recovered materials where viable. The WRAP Toolkit is designed to determine the percentage of recycled content in a new building. This will require a pre-demolition audit to be undertaken on all major buildings to be demolished. − For all construction work, a recycled content of at least 10% (by value) will be achieved. Additionally, all contractors will be required to develop and implement a Construction Environmental Management Plan to indicate how they meet the environmental commitments applying to their construction sites. − The Strategy expresses a commitment towards a reduction of water usage through the installation of water saving devices to reduce demand and the efficient use of the water supplied to the site. The potential for harvesting rainwater and recycling grey water as an alternative source is highlighted. − A commitment to reduce water run-off rates by 20% by using a number of attenuation measures to achieve a Sustainable Urban Drainage Strategy is also promoted. − Commitments to reduce carbon emissions by 20% calculated against 2006 benchmarks and reduce energy demand by 8%. A range of means including maximising the energy available from the City’s CHP system will secure this, and Veolia has confirmed that they can deliver the site’s heating and water demand in a phased manner to suit a phased construction programme.

120 − BREEAM ‘Very Good’ principles will be applied to all applicable (commercial) buildings with an aspiration for ‘excellent’; − The target performance for residential dwellings will be 2* using the Code for Sustainable Homes.

National planning guidance on sustainability and renewable energy is presented primarily with PPS1: Delivering sustainable development and PPS22: Renewable Energy. With regard to small-scale renewable energy developments, PPS22 advises that local planning authorities should consider the opportunity for incorporating renewable energy projects in all new developments. It advises that small-scale renewable energy schemes utilising technologies such as solar panels, biomass heating and combined heating and power schemes can all be incorporated into new developments. In this case, it is noted that the applicant intends to utilise the City’s CHP system, which will be of significant benefit in reducing the site’s overall carbon output and accords to the principles of PPS22. Its use will further be secured by planning condition.

It is concluded that the applicant has considered the principles of sustainability such that they can be adequately integrated into the detailed design of both commercial and residential buildings at each phase of the development. The applicant’s stated intention to design the office buildings to BREEAM ‘Very Good’ principles with an aspiration towards ‘Excellent’ is particularly welcomed although it is disappointing that the residential development is aspiring, at this stage, towards only a Code 2 rating (equivalent to EcoHomes ‘Good’ level). With regard to the latter, it is proposed that a condition is applied requiring further consideration of the sustainability aspirations of the proposed residential units at the time of construction. Overall, however, it is considered that sustainability must be assessed in its broadest context and also have regard to the site’s sustainable location within close proximity to the City Centre, as well as the measures outlined above to encourage travel by means other than the private car. Thus, in broad terms, subject to relevant planning conditions, it is considered that the application accords with the principles for securing a sustainable development in accordance with the PPS1 and PPS22.

Affordable Housing

Sheffield’s new affordable housing policy was adopted on 26th July 2006 and now includes all substantial residential City Centre development. This new city wide strategy is largely a result of the 2004 Housing Needs Survey, which indicated a citywide need for affordable housing. The Affordable Housing Interim Planning Guidance approved by Cabinet on 12 July 2006 informs the principles of this new strategy during the transitional stage between the previous UDP Policy and the publication of a new policy in the Sheffield Development Framework (SDF).

The interim guidance identifies sites with 25 or more dwellings in urban areas as qualifying for affordable housing provision and of the units within such schemes, the equivalent of at least 20% will be required towards affordable housing provision subject to the provision that the requirements may be relaxed where the scheme would provide substantial regeneration benefits or where there are abnormal

121 development costs and application of the guidance would make the scheme unviable.

On the basis that this application is submitted in outline with only an indicative number of residential units and student bedspaces at this stage, it is not possible to determine the precise level of contribution to affordable housing at this stage. Thus, in accordance with the current SPG, a condition is therefore proposed such that subsequent relevant reserved matters applications will be obliged to comply with the affordable housing requirement equivalent to 20% of the dwellings being provided for sale at the affordable price at the time development is commenced, subject to the above parameters. On this basis, it is concluded that the proposed development accords with the principles of the Affordable Housing SPG and Policy H4 of the UDP.

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.

The application includes a public art strategy prepared by InSite Arts, the applicant’s public art consultant, which clarifies a clear commitment to the provision of public art within the development. It states that a public art budget of £500,000 (minimum) has been included within the scheme appraisal and this budget will be supplemented by including public art within already costed elements of the buildings and public realm. The statement determines that public art will focus on the public realm, the main public spaces, and the connections with the rest of the city helping to make West Bar a legible, active and enjoyable place for all. It will apply to each phase of the scheme and the final programme and allocation of the budget will be agreed with Sheffield City Council. InSite will be responsible for commissioning a range of artists to develop both temporary and permanent artworks in response to opportunities within the scheme. InSite Arts will develop a delivery and procurement process that will evolve in consultation with the Council and will also offer opportunities for local people to be consulted. It is also anticipated that the roles that artists are invited to perform within the development will be diverse, as will the nature of the artworks created for the development. Wherever possible the active involvement of local people and the residents and users of the development will be sought.

The Council’s Public Arts Officer has reviewed the strategy and considers the principles to be broadly acceptable subject to developing detailed public art proposals as the scheme evolves, which will be secured by condition. However, in principle, the outline application is considered to accord with the Policy BE12 of the UDP.

Open Space

Policy H16 of the Unitary Development Plan requires that the developer make a financial contribution towards the provision or enhancement of public open space within a kilometre of the application site. The calculation of the open space

122 contribution is currently assessed in terms of the number of residential units, which cannot be precisely determined at this outline stage. However, in this case, it must be acknowledged that the application includes the provision of a major new urban public space within the heart of the scheme (Central Square) and secondary public spaces at Kelham Square, West Bar Green and Snig Hill. The applicant has advised that the project cost for the delivery of the new Central Square alone is in excess of £5 Million, which is significantly greater than a projected open space contribution for the residential units indicated in this outline proposal. Furthermore, the proposed residential element within Block 06 incorporates a further public courtyard as well as a private amenity deck for the sole use of the residents of that block. In consideration of the particular circumstances of this application in providing major new high quality public spaces, a specific open space contribution is not sought in this instance.

Archaeology

Policy BE22 of the UDP advises that development will not normally be allowed which would damage or destroy archaeological sites and their settings. Where disturbance of an archaeological site is unavoidable, the development will be permitted only if an adequate archaeological record of the site is made and, where the site is found to be significant, the remains are preserved in their original position. A full archaeological and cultural desktop appraisal was submitted as part of the Environmental Statement. The appraisal confirms that there are five known archaeological sites within the application area comprising the following:

(i) Love Street Works: A standing former steel works with a crucible furnace recorded in 1896. (ii) Site of the Britannia Works, Love Street: This is a former metal and electro-plate manufacturing workshop and latterly a confectionary works, dating from the mid- nineteenth century, which was demolished in 2002. (iii) Site of the Soho Grinding Mill: A steam powered grinding workshop dating from 1805-1920s, which has mainly been demolished but remains have been incorporated into current buildings; (iv) Site of the Don Confectionary Works at Bridge Street/Plum Street: previously a steel and cutlery works with cementation and crucible furnaces in the 1820s, which was replaced by engineering works in the 1950s. (v) Remains of 18th to 19th Century housing found during evaluations in advance of the construction of the Family Court House.

With regard to existing features and archaeological potential across the site, the Environmental Statement concludes the following:

Area A: This extends to part of the site that lies north of Plum Lane excluding Area B below. The Assessment concludes that this area comprises the site of the former Soho Grinding Works. Some evaluation of this site was undertaken in the course of construction the Inner Relief Road, which revealed some sub-surface features associated with the west wing of the wheel. As such, it is concluded that this area has a high potential for the survival of sub-surface remains of the Soho Wheel building; any remains are likely to be of regional significance as the public grinding wheels were an important feature of the cutlery industry in Sheffield.

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Area B: small triangle of land at the eastern edge of Plum Lane, which is presently used for car parking. The buildings on this site were demolished as part of the IRR proposals at which time archaeological excavations were carried out and recorded. The site is considered to have no further archaeological potential.

Area C lies centrally within the site and comprises mid-twentieth century offices to the south of Plum Lane and incorporating Bridge House. The Assessment concludes that the extent of survival of sub-surface remains cannot be ascertained based on current knowledge. It is considered likely that remains survive, particularly as the site of the crucible furnaces has not been built over following its demolition. In the western and southern parts of this area, there is potential for the survival of remains of late 18th to 19th Century housing as back to back houses were shown on the Plum Street and Bridge Street frontages in 1850. The housing or any associated material would be of medium local significance.

Area D: Buildings at the corner of Bridge Street and Love Lane (including the site of Hawley Tyres and Exhausts and Howells building). It is concluded that the potential for the survival of sub-surface remains is likely to be moderate but cannot be accurately assessed on the basis of current evidence. Such remains would be of medium local significance although any remains of the inferred crucible would be of regional significance.

Area E: Between Plum Street and Water Street, this site includes the Love Street Steelworks. This is an area of high to moderate potential of sub-surface remains, which would be of regional (crucible furnace) or medium to high local significance.

Area F between Love Street and the Law Courts includes the site of the steam powered grinding mills and as such, has a moderate to high potential for sub- surface remains of regional significance.

Area G comprises the block between Water Street, Spring Street and Love Street. It is the site of Britannia Works and adjacent 19th Century warehouses and shops and as such represents a moderate to high potential for sub-surface works of low to high local significance.

Area H is bounded by Workhouse Lane to the east and Corporation Street to the west with Spring Street to the north. The Assessment identifies a high potential for sub-surface remains of 18th and 19th Century housing and some mid-19th Century shops on Corporation Street.

Area J comprises land to the south and east of the Family Courts with a moderate potential for sub-surface remains but of negligible or medium local significance as these sites comprises some mid-twentieth century buildings;

Area K is the site to the south of West Bar between Paradise Street and North Church Street. The potential for sub-surface remains are deemed to be low to moderate given the site has previously been disturbed.

124 It is the case that the proposed development seeks the demolition of all buildings within the boundary of the application site and as such, the impact on the historic structures is deemed to be moderate to substantial. The Archaeological Assessment presented within the Environmental Statement (ES) clearly identifies the archaeological potential within the site and therefore recommends that further analysis of the current standing buildings, including their interiors, is required to assess their historic significance. It is then recommended that an appropriate programme of building recording be agreed with South Yorkshire Archaeology Service to provide a record of the built heritage. With regard to sub-surface archaeology, the ES recommends that further evaluations should be undertaken across the application area to assess the nature and condition of surviving remains, predominantly through trial trenching. Based upon the results of this evaluation, a programme of further mitigation may be necessary to preserve the archaeology by record or in situ, where deemed appropriate.

It is considered that the applicant has undertaken a thorough desktop appraisal of the archaeology and cultural heritage of the application site, which clearly highlights the need for further evaluation and recording work at each phase of development. It is intended that this further analysis be secured as a condition of this approval and on this basis, the application is deemed to accord to the principles of Policy BE22.

Ground Contamination

The ground conditions of the site, with particular regard to contamination, have been assessed fully in the Environmental Statement, which considers the baseline conditions on the site, the potential direct and indirect impacts of the development and any mitigation measures required to prevent, reduce or offset the impacts and the residual impacts.

In terms of relevant planning policy, Policy GE25 of the UDP relates directly to contamination land and determines that where contaminated land is identified, development will not be permitted on, or next to, the affected land unless the contamination problems can be effectively treated so as to remove any threats to human health. Similarly, Policy GE19 relates to water resources and states that development will only be permitted were it would not have any adverse effect on the quantity or quality of surface or groundwater resources. Policy GE22 on pollution states that development should be sited so as to prevent or minimise the effect of any pollution on neighbouring land or the quality of the environment and people’s appreciation of it. These policies reflect more recent guidance set out in PPS23: Planning and Pollution Control, which aims to ensure the sustainable use of land, encouraging the re-use of previously utilised land.

The Assessment confirms that the existing land-uses comprise predominantly manufacturing and general industry uses, which broadly reflects the historic use of the site. Geologically, the north and centre of the site are underlain by alluvium with lower coal measures also present, which are also classified as minor aquifers that can be important for local supplies and in supplying base flow to rivers. In terms of hydrology, the Kelham Goit is located on site; it is culverted along the

125 northern boundary and exposed for a short stretch approximately 15 metres northeast of the site. The River Don lays approximately 41 metres north of the site.

As a consequence of existing land-uses, a number of contaminating substances are identified as being potentially present on site, including metals, semi-metals, hydrocarbons, phenols and solvents and the contamination assessment identifies a medium risk that significant pollution linkages currently exist at the site. This is on the basis that there is a reasonably foreseeable likelihood that contamination present on site from former and current activities could cause harm to site users from long term exposure or pollution of water bodies, largely as a result of construction requirements e.g. removal of hard standings to expose contaminated soil, ground disturbance and removal of existing fuels and chemicals.

On the basis of the desk-top study undertaken above, the contamination assessment recommends that a detailed intrusive ground investigation and risk assessment be undertaken prior to construction to determine the nature and extent of contamination present. If identified, a remediation strategy will be developed in consultation with the Council and the Environment Agency in terms of the risk to hydrology. Based on the information available, the report considers that there is no reason to suggest that remediation will be insufficient to mitigate the effects of any level of contamination present on site, which might include, for example, concrete for new foundations or a suitable thickness of clean topsoil to be placed in areas of proposed soft landscaping. In terms of the impact on the completed development, the contamination assessment concludes that the design of new buildings should take account of the findings of the ground investigation and risk assessment such that the residual impact is likely to be insignificant.

It is considered that the ground conditions and contamination assessment undertaken as part of the Environmental Statement comprises a sufficiently detailed desk-top analysis to conclude that likely contaminants can be effectively treated such that it will not have any detrimental impact on human health or water resources, in accordance with Policies GE19, GE22 and GE25 of the Adopted UDP. It will also enable the re-use of previously utilised land in accordance with the principles of PPS23 and on this basis, the application is considered acceptable.

Socio-Economic Impacts

The Environmental Statement incorporates an assessment of the socio-economic effects of the development, which is broadly summarised below. It distinguishes between the social and economic needs of the existing communities and the potential impacts that may arise from the development and its users. In terms of relevant planning policy, PPS1: Delivering Sustainable Communities is highlighted, which emphasises the need for sustainable development including the maintenance of economic growth and the effective promotion and improvement of local environments and communities as part of the overall vision for future regeneration and development.

In terms of the construction phase, the ES concludes that the impact on the economy is likely to be of minor beneficial significance in terms of the significant opportunity that it offers to the construction industry in the locality of the site,

126 particularly given the scale and nature of the scheme. It determines that the construction process would include a range of occupational levels from unskilled or labouring jobs to management positions, which could assist the growth of the local working population. In this regard it is proposed that a local employment scheme form part of the Section 106 Heads of Terms, effectively requiring that the applicant advertise employment opportunities locally at reasonable and appropriate intervals. It is also concluded that the impact of the construction phase on demographics is likely to be insignificant as is the effect on education and skills, although it does acknowledge that some training opportunities could arise form the building phase, on community safety and crime and on health.

With regard to the completed development, the ES concludes that the impact on demographics is likely to be of substantial beneficial significance as it provides general market housing, affordable housing and student housing, thus securing a mix of accommodation. In terms of the economy, it will deliver a significant number of new jobs comprising a range of skills and at different skill levels. The ES does acknowledge that the development will place increased demands upon the provision of health related services in the City but it determines that there is a considerable existing provision of health related facilities in close proximity to the site within the Central Ward and four adjoining wards such that the development is unlikely to cause any service capacity issues. Whilst it is considered that the application does not provide sufficient evidence to justify the assertion of sufficient existing health provision, it is acknowledged that there is capacity within the scheme for Use Class D1 (non-residential institutions), which could include health facilities. It is also proposed to recommend as a directive of this application that the application contact the Primary Care Trust prior to the commencement of any phase to discuss existing capacity and future provision of health related facilities within the Central Ward.

Finally, with regard to deprivation, the ES concludes the impact to be beneficial and of substantial significance as it will represent a major contribution to the local economy in terms of jobs and subsequent wealth creation and is centrally located to existing areas of population, thus reduce commuting distances and increasing the opportunities for spending in the local area.

Overall, the impacts of the proposed development are broadly considered to be beneficial. This is consistent with the aspirations of the City Council as set out in the West Bar IPG, to secure the regeneration of the West Bar Development Area with a comprehensive mixed-use scheme.

City Centre Ambassadors Scheme

The Council is seeking to extend the City Centre Ambassadors Scheme into the St Vincent’s, Kelham Island and Riverside areas, as set out in the West Bar Interim Planning Guidance. To sustain this scheme, further contributions are considered essential and a contribution of £200 per residential unit has been applied to other developments within the City Centre. On the basis that this application is in outline and the actual number of residential units is unknown at this stage, a condition is proposed seeking a future contribution to the City Centre Ambassadors scheme.

127

RESPONSE TO REPRESENTATIONS

Her Majesty’s Court Service (HCMS)

Prisoner security: concern that the ‘delivery’ route has potential to be severely disrupted by the design and layout of the proposed scheme. The access ‘tunnel’ between Blocks 05 and 11 will also result in loss of helicopter surveillance when used and a slowing of vehicles through a gated/security-controlled area.

Whilst the operational concerns of HMCS are clearly noted, it is considered that the appropriate management of the route, to be secured as a condition of this approval, could mitigate these concerns. For example, the loss of helicopter surveillance, when used, is noted but it is not unusual for prison vehicles to pass under other structures e.g. road bridges, where surveillance may be lost. Moreover, it is suggested that the provision of an appropriate CCTV system, could further mitigate this concern by ensuring continuous visual surveillance. The applicant confirms their willingness to comply with a management condition, to be agreed with HMCS, to ensure the safe operation of the Court.

Potential conflict between prisoner vehicles and vehicles accessing the car park and crossing a pedestrianised area;

The Council fully appreciate the concerns of HCMS regarding the movement of prisoner vehicles across the public realm. However, it is also acknowledged that the movement of prisoners does not occur regularly throughout the day but is typically concentrated at specific times of the day, typically in the mornings and evenings. It is considered that this issue can be managed in the detailed design of the public realm, which will be secured as part of the landscaping reserved matters condition.

The height of prisoner delivery vehicles is 3.3 metres (maximum) and there is concern that the tunnelled access will not have sufficient clearance;

The applicant has confirmed that this access is designed as a double-height space (approximately 9.3 metres with a clearance height of 8.5 metres), which will be more than sufficient to accommodation prisoner delivery vehicles.

HCMS would require full control of the staff car park as access delays entering the car park could present significant security risks to the judiciary and other Court staff.

The applicant has advised that the proposed development continues to deliver a separate access for court staff, with a specific route provided via Bridge Street and Love Lane. They consider that the need expressed by HMSC for control of this access can be appropriately dealt with by means of a planning condition, to include consideration of access/hydraulic bollards and/or the submission of reserved matters. The Council also consider that the matter of Court access can appropriately be managed by means of a planning condition at the time of a

128 detailed reserved matters application, to include liaison with HCMS at that time to ensure their satisfaction with the proposed arrangements.

HCMS strongly object to the proposed hotel use of Blocks 7 and 8 given the transient nature of guests and the impact on security.

In response to the concern of HMCS regarding the use of Blocks 7 and 8 as a hotel, Castlemore have confirmed in writing that they are willing to omit the hotel from this location, whilst still wishing to keep its potential provision within the scheme as a whole. A condition is therefore proposed precluding the location of a hotel to the rear of the Courts within Blocks 07 and 08.

Direct and unobstructed views into the Court building, Family Hearing Court and administration offices would present a clear risk to the security of the buildings and occupiers.

It is considered that the issue of unobstructed views into the Court building and Family Hearing Court can be managed in the course of considering the future reserved matters or detailed full planning applications, which will include definitive glazing positions and detailing.

Impact of construction noise in proximity to the Courts on Court proceedings.

It is acknowledged that construction noise may be an issue for Court proceedings in the course of building the phases of development in closest proximity to the Courts. However, it is determined that this matter can be appropriately managed by condition to include consideration of extended working hours outside court hours for those building operations most likely to cause disturbance from the Courts and close liaison between the Casltemore site manager and the Court itself.

Occupier of Millsands

Insufficient car parking

The scheme delivers 1181 car parking spaces, which has been determined to be a sufficient level to secure the viability of both the commercial and retail development but also acknowledges the highly accessible location, in close proximity to the City Centre and public transport facilities.

With regard to Block 09, access is too limited to accommodate the needs of students when the term starts and ends.

A lay-by is provided on Bridge Street, which will ensure that there is scope for the dropping off and collection of students as required and it must be noted that this event is unlikely to occur very frequently throughout the year. The concerns of the objector are understood, however, and it is the case that a condition is proposed to secure a parking and servicing management strategy in relation to the student occupation of Block 09.

No mention of improved public transport links

129

The site is considered to be highly accessible given its proximity to the City Centre and to many bus routes that run around the site. A contribution is proposed to cycle routes and also to improving pedestrian crossing facilities around the site, as detailed in the report above.

Block 01 is out of context at 12 storeys and will take a considerable amount of light from the existing Riverside Exchange buildings.

The principle of the tall buildings, including Block 01, is considered in full in the report above and its height is deemed to be consistent with the principle of the Citadel. The effect of Block 01 on the amount of light into the Riverside Exchange buildings is also considered fully in the daylight, sunlight and overshadowing section of the report.

Mistyglen Ltd.

The application has not had any regard to the above approved development and should consent be granted, it cannot be implemented.

Under the present planning system it is not necessary to have an interest in or ownership of an application site in order to submit a planning application although owners of land must clearly be formally notified before a planning application can be considered. Furthermore, a lack of ownership is not a material consideration in the determination of a planning application. As such, there is no specific requirement to have regard to approved development within the boundary of the application site.

The Council must have regard to the existing situation including any existing built developments.

As above.

The Castlemore application should have considered the current position of the site given that full planning permission exists, the owners have continually stated their commitment to develop the site and have engaged contractors to commence works.

As above. It is also relevant to note that Mistyglen have a planning permission that can be implemented at any time subject to the discharge of all relevant planning conditions.

The application should and can be amended to accommodate the development of New Bridge House without compromising any of the design or other objectives of the application.

As above.

130 Commission for Architecture and the Built Environment

CABE unconvinced by the interaction of the tall buildings with the access routes at the south end of the site (each side of Block 10) and consider that there is not enough footfall for both routes to work well.

The Council does not concur with CABEs assessment in this matter. It is the view of the Local Planning Authority that the routes to each side of Block 10 are entirely appropriate in the broader context of pedestrian movement through the City. The path to the east of Block 10 is considered to provide the most favourable and direct route for pedestrians from the City Centre via Paradise Square, whilst the route to the west is likely to be favoured by pedestrians from Tenter Street and Shalesmoor. Furthermore, the public realm at the base of Block 10 has been designed such that the route to the west is the wider and more accessible space but it is considered important to retain a path to the east.

A compelling case has not been made for the principle of the towers at the north of the site (Block 01) nor the necessity of marking all three corners of the site in this way.

It is the view of the LPA that the principle of the three towers marking each corner of the site is consistent with the Citadel concept promoted by the development, which CABE consider to be an interesting and appropriate approach. It is acknowledged that the three tall buildings contribute to the viability of the scheme but their inclusion is also considered relevant to securing ‘markers’ to the site from the wider City. Moreover, each tower has been subject to detailed analysis to consider their impact on the skyline, as outlined in the report above. It is on this basis that the three tall buildings are considered appropriate in principle.

The Central Space does not appear to have been treated with the care that such an important space warrants; there is little evidence in the application that this will be a ‘really positive space’.

The LPA are satisfied that the shape and size of the square, in combination with the height of the buildings (and daylight studies) will allow acceptable environmental conditions to serve the function of the square at various times of the day and year;

The tall buildings should be the subjects of detailed planning applications, as outline applications cannot provide certainty about their architectural quality. CABE state (incorrectly) that Plot 9 is on a site owner by the Council and therefore detailed applications should be brought forward;

This application was submitted in outline with matters of layout, scale and access to be determined at this stage and external appearance and landscaping reserved for future consideration.

Changes to the outline planning permission process, which came into effect on 10 August 2006, are set out in Government Circular 01/2006, which clarifies the amendments to the process in relation to the extent of information to be provided at

131 the outline stage. Its purpose is to ensure that adequate information is provided with any application to allow for a full assessment of any proposal in accordance with national, regional and local planning policies. Circular 01/2006 clarifies that as a minimum, applications should always include information on the uses proposed, the amount of development proposed for each use, indicative layouts, scale parameters in terms of an indication of the upper and lower limits of height, width and length of each building within the site boundary and indicative access points.

The changes made to the outline planning regime on 10 August 2006 did not affect the ability of a Council to require any further information considered necessary to enable the LPA to determine the application. In this case, only external appearance and landscaping are reserved and in both matters, the application incorporates illustrative and written information to clarify the nature of the external appearance and landscaping as set out initially in the Design and Access Statement. This level of information was considered sufficient to enable the Council to determine the proposals. Moreover, the initial information presented in the Design and Access Statement was subsequently distilled into a Masterplanning Framework, which establishes a design code ‘strategy’ for the future detailed design of each block and the quality of the public realm and public spaces.

It is acknowledged that tall buildings form part of the application proposals and advice within the CABE/English Heritage ‘Guidance on Tall Buildings’ publication notes that neither CABE nor English Heritage consider outline applications to be appropriate as they must be of the highest architectural quality. However, it is considered that sufficient information was submitted within this application to enable the Council to properly assess the tall buildings; indeed, the siting and maximum heights of these plots forms part of the application, which has been subject to a detailed analysis of short, medium and long city key views. Furthermore, the Masterplanning Framework establishes clear principles for the future design of these buildings such that if the Reserved Matters applications are not deemed to be of a sufficient quality, they will be recommended for refusal.

CABE are unconvinced that the blocks to the western edge (02, 04, 05, and 11) are sufficiently elegant in their form and appearance whilst the relationship between Blocks 11 and 10 seems awkward.

The Council concur with CABE's concern regarding the external appearance of Blocks 02, 04, 05 and 11 as illustrated in the outline application. However, this application seeks only to determine the siting and scale of Blocks 02, 04, 05 and 11 at this stage with external appearance reserved to be considered in due course subject to the principles established in the Masterplanning Framework. The Council is satisfied that the external appearance of these blocks, to be secured in future reserved matters applications, will be of sufficient architectural merit to accord with the principles of the Masterplan and to accord with relevant local and national planning policies.

The quality of accommodation is highlighted as a concern in that these blocks have deep floor plans with small atria

132 It is acknowledged that as currently illustrated, these buildings do present relatively deep floor plates (in excess of 15 metres) with atria of varying sizes. Whilst not clear within the CABE response, it is assumed that the principle concern with such deep floor plans is the ability to provide natural daylight and deliver a high quality space. The inclusion of atria of a sufficient depth will secure an improvement to levels of natural daylight but there are also other mechanisms that can be adopted. It is therefore proposed that this matter be considered fully at Reserved Matters stage.

Sheffield Urban Design Panel

It is considered that the issues raised by the Urban Design Panel have been addressed in the content of the report above.

SUMMARY AND RECOMMENDATION

This application represents an outline planning application to consider matters of layout, scale and access with external appearance and landscape reserved to be considered in due course. It proposes the comprehensive regeneration of the West Bar Development Area to deliver a major mixed-use development comprising high-specification commercial office space, residential accommodation, neighbourhood retail provision and food and drink facilities. In addition, the comprehensive development of the West Bar area enables the rationalisation and re-organisation of existing street patterns to provide more direct, inclusive and attractive public routes with incidental public spaces to mark the routes and a new central public square to create a focal space at the core of the development.

The principle of the mixed-use development as proposed, where the commercial floorspace is predominant, represents a departure, in part, from the current Unitary Development Plan but is entirely in accordance with the West Bar Interim Planning Guidance. The IPG, which is more up to date than the UDP, was adopted by the Council in May 2006 and represents a material consideration in the determination of any planning application. It is therefore determined that the proposed development mix, which effectively provides an extension to the City Centre, is in accordance with the IPG. It is also concluded that the application accords with the aspirations of the Regional Spatial Strategy to deliver a high-quality mixed-use development on Brownfield land in a highly sustainable city-centre location. The application is therefore determined to accord with Section 38(6) of the Planning and Compulsory Purchase Act 2004, which requires that proposals be determined in accordance with the development plan unless material considerations indicate otherwise.

Although submitted in outline, the application submission includes a detailed Masterplan Framework, which establishes the key design parameters to guide the future submission of the reserved matters applications relating to external appearance and landscaping. This document establishes clear urban design and landscape principles including details of appropriate materials and elevation detailing, with particular regard to the three tall buildings proposed within the site, which will sufficiently direct the future design development of the site in accordance with relevant local planning policy and planning and urban design objectives set

133 out within the IPG. The application also provides detailed plans in relation to siting, layout and access, as detailed in the report above, which is based upon the concept of a citadel comprising buildings constructed to the boundary of the site with routes and a central public space ‘carved out’ through the core of the development. It is considered that the application demonstrates that the citadel concept is entirely appropriate to the site’s location and effectively redefines the city edge.

In conclusion, the proposed development of West Bar established by this outline application will create an important extension to the City Centre and provide a pivotal link between the retail and historic office core of the City at Fargate and the Cathedral Quarter to Central Riverside and Kelham Island and beyond. The outline application provides sufficient justification to satisfy the Local Planning Authority that the future development will be of a sufficient quality and deliver sufficiently bold, high quality and sustainable architecture. Moreover, the application will deliver a series of new public routes and spaces to create a variety of streets and spaces that provide people with a choice rather than a set route. The proposed development is therefore considered to comply with relevant policies within the Adopted Unitary Development Plan and the West Bar Interim Planning Guidance.

The application is therefore recommended for approval subject to conditions, a Section 106 Legal Agreement and no adverse direction being received from the Secretary of State following its referral as a departure from the Unitary Development Plan comprising more than 150 residential units and more than 5000 square metres of retail, leisure, office or mixed commercial floorspace. The application is subject to the owner submitting a Planning Obligation under Section 106 with the following Heads of Terms:

1. A contribution of £15,000 towards the Cycle Connect scheme;

3. The provision of 8 car club spaces to be located within the development;

5. Improvements to pedestrian facilities at the West Bar roundabout (sum to be determined and reported directly to Planning Board).

6. An arrangement for the provision of employment information to relevant local employment bodies (to be determined) prior to commencement of any phase of development and the subsequent provision of employment information prior to first occupation of any phase at reasonable and appropriate intervals to be agreed.

134

Case Number 07/04271/CHU

Application Type Planning Application for Change of Use

Proposal Continuation of use of land for sale of motor vehicles

Location St. James Mission Church Furnace Lane Sheffield S13 9XD

Date Received 01/11/2007

Team CITY CENTRE AND EAST

Applicant/Agent Mr Mike Ellis

Recommendation Grant Conditionally

Subject to:

1 The site shall be used for the sale of vehicles only and no vehicle repairs shall take place on site.

In the interests of the amenities of the locality.

2 Within 28 days of the date of this permission a site layout plan illustrating an on site customer parking space shall be submitted to and approved in writing by the Local Planning Authority. Thereafter this parking space shall be provided on site and retained for the parking of customers only.

In the interests of the amenities of the locality.

3 The existing boundary treatment shall be retained unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

4 The site shall not be illuminated unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

1. The decision to grant planning permission and impose any conditions has been taken having regard to the policies and proposals in the Sheffield

135 Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance.

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas

This informative is intended as a summary of the reasons for grant of planning permission.

Site Location

136 LOCATION AND PROPOSAL

This application seeks retrospective planning permission for the use of the former St James Mission Church car park for the sale of motor vehicles.

The site is located to the rear of the former St James Mission Church (east) which was last used as a retail premises, between the Jet Petrol Station (west) and residential properties (south) which back onto the site accessed from Hudson Road a small residential Cul de Sac.

The site is in an allocated Housing Area as defined in the adopted Sheffield Unitary development plan; however the immediate street frontage is commercial in nature comprising of the church, petrol station and a social club.

RELEVANT PLANNING HISTORY

99/00488/FUL - Use of church as a licensed restaurant (Class A3 use - food & drink) - (St James Mission Church, Retford Road and Furnace Lane, 13) – Granted Conditionally.

SUMMARY OF REPRESENTATIONS

3 letters of representation have been received. The issues are summarised as follows:

− Loss of privacy − No access to cut trees − Traffic congestion − Parking issues: There is no room for customer parking on site and therefore customers are parking on the adjoining highway which is very busy. − Residential area is not appropriate for car sales − Increased pollution in the area

PLANNING ASSESSMENT

Policy H10 ‘Development in Housing Areas’ sets out preferred, acceptable and unacceptable uses. Car showrooms are listed as unacceptable uses in Housing Areas. However the policy states that sui generis uses (a class of their own), which car sales are, should be considered on their individual merits within the policy area.

Policy H14 ‘Conditions on Development in Housing Areas’ states that new development will be permitted provided;

− It would occupy small areas of land and not lead to a concentration of non housing uses that would threaten the residential character of the Housing Area. − Not lead to air pollution, noise, smell, excessive traffic levels or other nuisance or risk to health and safety for people living nearby.

137 − Be on a scale consistent with the residential character of the area or meet primarily local needs or (in the case other than shops) occupy an existing site in its own grounds.

Policies GE22 ‘Pollution’ GE23 ‘Air Pollution and GE24 ‘Noise pollution’ all seek to ensure that development is sited so as to prevent and/or minimise the effect of any pollution on neighbouring land uses or the quality of the environment and the peoples appreciation of it.

Land use

Sui generis uses within the policy area must be considered on their individual merits. The application site is located on the periphery of the allocated Housing Area (Woodhouse Mill) with its main frontage and access facing away from the Housing Area on to Retford Road. The immediate locality is already dominated by non-housing comprising the church, previously used as a retail shop, a petrol station and the social club which make up the commercial frontage. Given the existing dominance of non-housing uses and commercial character of the immediate locality the car sales pitch is not considered to detrimentally affect the character of the area and therefore is principally considered acceptable.

Amenity Issues

The site’s southern and western boundary is defined by a 2.5 metre high solid timber fence which screens the site from the properties to the rear on Hudson Road and from view when approaching the site from the west. In addition there is also a substantial conifer hedge that runs along the rear boundary, although this does not lie within the application site. The existing boundary treatment provides suitable screening and separation from the adjoining residential properties and therefore the amenities of adjoining dwellings are not considered to be detrimentally affected. Retention of the existing boundary treatment will be secured by planning condition.

The applicant has confirmed that the use is for the sale of vehicles only. No vehicle repairs will be allowed to take place on site, secured by condition and therefore the development will not generate any significant noise. Conditions requiring details of any lighting will also be required in order to control any potential intrusive light spillage.

Highways Issues

Vehicle and pedestrian access to the site is established, gained from Retford Road via the existing dropped kerb and vehicle crossing. It is not proposed to alter these arrangements. The proposed use is not considered to generate significant volumes of vehicle traffic and in fact it is considered that vehicle movements will generally be lower than if the site was used as a car park associated with the adjoining church building. On site customer parking spaces will be provided, secured by condition, to prevent potential obstructions in the highway. Subject to conditions ensuring the provision of these spaces the development is considered acceptable from a highways perspective.

138

RESPONSE TO REPRESENTATIONS

Access to ensure the maintenance of trees is not a planning matter. All other issues are covered in the main body of the report.

SUMMARY AND RECOMMENDATION

This application seeks retrospective planning permission for the use of land as a car sales pitch. The site is in an allocated Housing Area as defined in the adopted Sheffield Unitary Development Plan, located on the periphery of the Housing Area fronting Retford Road amongst existing commercial uses. Given the commercial character of the locality the development is not considered to detrimentally affect the character or appearance of the area.

The site is appropriately screened from adjoining residential properties by the existing site boundary treatment and the site will be used for the sale of vehicles only. Therefore the development is not considered to detrimentally affect the amenities of adjoining properties.

The development site is small and is not considered to attract a significant amount of vehicle traffic in excess of its previous use as a car park. Access to the site is taken from the existing dropped kerb and the applicant has confirmed that customer parking will be reserved on site. For the above reasons it is therefore recommended that planning permission is granted.

139

Case Number 07/04296/FUL

Application Type A Full Planning Application

Proposal Erection of 5 dwellinghouses with associated car parking (Amended site boundary and description) (amended plans received 9/4/08)

Location Land Adjacent To 180 And Opposite 209 To 235 Nidd Road East Sheffield

Date Received 31/10/2007

Team CITY CENTRE AND EAST

Applicant/Agent Clayfield Construction Ltd

Recommendation GRA/GC subject to Legal Agreement

Subject to:

1 The development shall 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 commencement of development the following samples shall be submitted to and approved in writing by the Local planning Authority

(i) proposed facing brick (ii) proposed roofing materials (iii) proposed stone for cills and lintels

Thereafter, the development shall be carried out using the approved materials unless otherwise agreed in writing with the Local Planning Authority

In the interests of the visual amenities of the locality.

3 The development shall not be used unless turning space for vehicles has been provided within the site in accordance with the approved plans and thereafter such turning space shall be retained.

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

140 4 The development shall not be used unless the car parking accommodation 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 At all times that 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.

6 Before the development is brought into use, the footway fronting the development shall be reconstructed to acceptable standards to be first agreed on writing by the Local Planning Authority.

In the interests of the amenities of the locality.

7 Before the development is commenced a Phase 1 and 2 Risk Assessment, to characterise the contamination on site and propose a remediation scheme to ensure safe redevelopment, shall have been submitted to and approved in writing by the Local Planning Authority. Should any previously unsuspected contamination be encountered during the development, the Local Planning Authority shall be notified within one working day of its discovery, together with any proposed amendments to the proposed remediation scheme. The development shall then be carried out in accordance with the approved scheme and the applicant shall provide written verification that the remediation has been completed as approved, within 21 days of the approved scheme being completed.

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

8 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 development 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.

141 Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing H15 - Design of New Housing Developments BE5 - Building Design and Siting

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

1. 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.

2. 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 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 of delivery purposes.

3. The applicant is advised to contact YEDL on 0870 1600910 due to electrical apparatus including overhead lines and underground cables

142 Site Location

LOCATION AND PROPOSAL

The application relates to a plot of derelict land located at the end of Nidd Road East, which is vacant grassy wasteland with several small shrubs on. Historic maps from 1953 show the land previously had terraced housing on. At some point this has been removed leaving the land in its current state.

Nidd Road is characterised by traditional terraced housing, the majority of this dates from the early 20th century, however the houses directly to the North West are more modern terraces, which were granted permission in 1995

The land to the rear of the site was granted planning permission in 2006 for the construction of 313 residential units.

143 Permission is sought for the construction of four 3 bedroom dwellinghouses and one 4 bedroom dwelling for Archers Housing Association. These will be erected in a block of three and a block of two, each property will have at least one off street parking space.

RELEVANT PLANNING HISTORY

There is no relevant planning history

SUMMARY OF REPRESENTATIONS

No letters of representation have been received

PLANNING ASSESSMENT

Policy

The site is located in a housing area as defined in the adopted Sheffield Unitary Development Plan. The following policies apply –

Policy H10 “Development in Housing Areas” states that housing (C3) is the preferred use, as such the principle of the proposed development is acceptable.

Policy H14 “Conditions on Development in Housing Areas” states that development will be allowed provided it is well designed, of an appropriate scale and character, does not cause overdevelopment and provides appropriate access to the highway.

Policy H15 “Design of New Housing Developments” requires appropriately designed and accessible housing.

Policy BE5 “Building Design and Siting” requires good design and the use of good quality material in all new developments

Planning Policy statement 3 (PPS3) - Housing, is also a consideration when assessing this proposal, this requires amongst other things high quality housing, a mix of housing and a suitable location, attention will be drawn to these issues in the report to follow.

Planning issues

Design and Layout

The proposed dwellings will be situated within two separate blocks; one containing two dwellings and the other containing three. The development will front onto Nidd Road and has been designed to reflect the character of the surrounding neighbourhood.

The front elevations reflect some of the traditional features of the terraced housing immediately opposite the site, including stone cills and lintels and chimneys. The front elevations are relatively uncluttered and traditional in appearance. A

144 condition will be attached to the application to ensure a sample of external materials are submitted prior to commencement of development in order to ensure an appropriate quality of development.

The dwellings will be set back from the highway by 3 metres and will follow the existing building line on the street. Railings 900mm high will be constructed adjacent to the highway, this is deemed to be acceptable and will not detract from the character of the area. The proposed dwellings have significantly wider frontages than the existing properties within the street scene, however it has been necessary to design wide fronted houses with shallow depths due to the restricted site dimensions. Despite this the scale, siting and massing are considered to be appropriate in relation to the adjoining properties and will not detract from the character of the street scene or the immediate area.

Parking spaces will be provided in the space between the two blocks of housing, these will be set back from the front elevation and incorporate a turning head. A 1.8 metre brick wall will be constructed to the rear of the parking area, provided this matches the materials used for the dwellinghouse it will be acceptable in terms of appearance and will keep rear garden areas private. Off street parking is not characteristic of the area as existing houses do not have any off-street parking provision. However, it would be unacceptable for the development to increase on- street parking in the area and so provision is vital, additionally, it is not considered to form a prominent or visually obtrusive feature in the street scene.

Effect on residential amenities

A distance of approximately 16 metres will separate the proposed development from the houses across the road. A guide to acceptable separation distances can be taken from Supplementary Planning Guidance on Designing House Extensions, which recommends a distance of 21 metres between main facing windows in order to maintain privacy levels. Although the proposed development would not meet these distances the relationship and distances are similar to other properties in the street and thus deemed to be acceptable.

Approximately 7 metres will separate plot 1 from the adjacent dwellinghouse, No. 180 Nidd Road, there are several windows in the gable end of this property however they do not appear to be primary windows to main rooms. Additionally, the separation distance of 7 metres is adequate to ensure that a degree of light will still enter these windows and that the development is not overbearing or overshadowing to neighbouring properties. Furthermore, as no windows are proposed for the side elevation of the dwelling facing No. 180 current privacy levels will be maintained.

Planning permission was granted in 2006 for the erection of 313 residential units on the area of land to the rear of the site. The approved plans show 13 dwellinghouses located along the boundary with the application site. The rear gardens of these houses will back on to the rear gardens of the application site with a separation distance of approximately 22 metres, this is considered adequate to ensure overlooking doesn’t occur. The approved house types vary in style and most importantly in height. The houses to the rear of plots one and two will be two

145 and a half storeys high, whilst the dwellings to the rear of plots 3, 4, and 5 will be two-storeys high. The houses to the far end of plot 5 will be three storeys high with Juliet balconies on the rear elevation. Although there will be some difference in height levels the distances are still deemed to be adequate to overcome any potential issues with regards privacy and overlooking. Additionally, the siting of the 3 storey houses will not be directly in front of plot 5.

As mentioned previously, all residential units will benefit from adequate amounts of amenity space. A condition will be attached to the application to ensure that suitable screening is constructed between the gardens in order to protect privacy levels.

Amenity of future residents

The proposals offer adequate living conditions for future residents, privacy levels will be adequate as proposals comply with relevant guidance, to be discussed further on in the report. The rear amenity areas range in size from approximately 70 square metres to 100 square metres, all gardens are considered to be of an adequate size and ensure that the plot is not overdeveloped.

The site is located in a housing area and as such will not experience unacceptable levels of noise. A railway line is sited to the south of the site, however this is over 70 metres away and it is therefore not considered necessary to condition a sound attenuation scheme.

Although the housing is sited on land which was previously utilised for housing EPS have suggested the need for a phase one risk assessment. This is most likely necessary as a result of the former industrial nature of the immediately adjacent site.

Accessible unit

One residential unit is required to comply with the mobility housing supplementary planning guidance, House number 5 complies with this guidance.

Highways Issues

The existing residential properties on Nidd Road do not benefit from off-street parking facilities and so the level of on-street parking is high. In order to ensure that the proposed development does not add to on-street parking all units have at least one off-street parking space and two units have 2 spaces.

These levels should be adequate to ensure the development does not lead to on street parking, additionally the area is in a relatively sustainable location close to alternative modes of transport. Furthermore bike sheds are provided for all units to encourage alternative modes of transport.

146 Open Space contributions

Policy H16 of the Unitary Development Plan requires developers to ensure there is adequate open space to meet the needs of people living there. This can be done in the form of a contribution to the improvement of recreation space in the locality, in line with Supplementary Planning Guidance on Open Space Provision in New Housing Development

The financial contribution in this case is four thousand nine hundred and ninety six pounds.

SUMMARY AND RECOMMENDATION

The application seeks permission for the construction of 5 dwellinghouses on a piece of land towards the end of Nidd Road East. The site is located within a housing area and so the provision of housing in this location is deemed to be acceptable in principle.

The development is deemed to be appropriate in terms of design and maintains the character of the street scene and the immediate locality. Additionally it will not have a negative impact upon the living conditions of nearby residents and will provide adequate living conditions for future occupants. The development will not lead to increased off street parking and is considered to be in a sustainable locality with regards public transport and local amenities.

Accordingly, the scheme complies with PPS3 and policies H10, H14, H15 and BE5 of the Unitary Development Plan. It is therefore recommended that the application is granted conditionally.

Heads of terms

A sum of £4,996 shall be paid to the council towards the enhancement of opens space within the catchment area of the site.

In the event that a satisfactory s106 planning obligation covering the Heads of Terms set out above is not concluded before 2 May 2008 (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 08/00297/FUL

Application Type A Full Planning Application

Proposal Use of ground floor of building as a cafe (Class A3 use), provision of a roller shutter and external flue (Amended Description)

Location 44 Birley Moor Road Sheffield S12 4WD

Date Received 23/01/2008

Team CITY CENTRE AND EAST

Applicant/Agent Mrs P A Halpin & Mrs A Hunter

Recommendation Grant Conditionally

Subject to:

1 The development shall 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 submitted plans, details of the appearance of the roller shutter showing a perforated design and details of the colour finish shall be submitted to and approved in writing by the Local Planning Authority, and thereafter carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

3 The development shall be used for the above-mentioned purpose only between 0700 hours and 1800 hours Monday to Saturday and between 0800 hours and 1600 hours on any Sunday or public holidays.

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

4 Before work on site is commenced, full details of suitable inclusive access and facilities for disabled people, both to and into the building(s) and within the curtilage of the site, shall have been submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such inclusive access and facilities have been provided in accordance with the approved plans. Thereafter such inclusive access and

148 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.

5 The A3 shop shall not be used for the purpose hereby permitted unless suitable apparatus for the arrestment and discharge of fumes or gases has been installed. Before such equipment is installed details thereof shall have been submitted to and approved by the Local Planning Authority. After installation such equipment shall be retained and operated for the purpose for which it was installed.

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

6 The development shall not be occupied unless 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 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 S11 - Design of Retail Development

This informative is intended as a summary of the reasons for grant of planning permission.

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.

149 Site Location

LOCATION AND PROPOSAL

The application relates to a retail unit with residential accommodation over located in a Local Shopping Centre as defined in the adopted Sheffield Unitary Development Plan.

The Local Shopping Centre is accessed via a small highway which runs parallel to Birley Moor Road and is set above the highway. The centre consists of parades of shops the majority of which have living accommodation above although not all are in use. Towards the south east of the shopping centre the character changes somewhat to incorporate larger units including a Co-Op, a pub and a petrol station.

150 Permission is sought for a change of use from A1 to A3, as part of this it is proposed to install a flue extraction system to the rear and also install a roller shutter to the shop front.

RELEVANT PLANNING HISTORY

07/02339/CHU – use of ground floor of building as hot food takeaway – refused

85/01594/FUL – new shop front – granted conditionally

SUMMARY OF REPRESENTATIONS

8 letters of representation have been received along with petitions in support of the scheme and petitions against the scheme.

The issues raised in representations are outlined below –

Against − concern that shopping centre cannot sustain another food outlet as there are already several takeaways and sandwich shops − food outlets dominating retail shops in the area − concern over limited parking in the area − previous A5 application refused, this application should be too − concern that roller shutter will be down from 2pm onwards (proposed opening times of café) this will give appearance of derelict shop − flue should not be placed on side of premises

For − café use will provide somewhere for members of local community to meet and would be beneficial to the area − general support for the application − will add to the community spirit in the area − concern that property will remain empty if permission not granted − café is of a very different nature to fast food takeaways within the parade

A representation has also been received from a local councillor on behalf of three of the ward councillors in support of the application, however concern is raised that the café should not become a takeaway.

PLANNING ASSESSMENT

Policy

The site lies within a Local Shopping Centre and as such is subject to assessment under Policy S7, S10 and S11 of the Unitary Development Plan. Policy S7 “Development in District and Local Shopping Centres” states that shops are the preferred use whilst food and drink outlets (A3) are acceptable. Policy S10 “Conditions on Development in Shopping Areas” states development or a change of use will be permitted provided it would:

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(a) “not lead to a concentration of uses which would prejudice the dominance of preferred uses in the Area or its principle role as a shopping centre (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 (f) be served adequately by transport facilities and provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians”

Policy S11 “Design of Retail Development” states that development will be required to:

(a) “provide access for pushchairs and people with disabilities (b) provide for safe and easy pedestrian movement at ground level (e) have shop fronts which are in keeping with the building in which they are contained and with the street as a whole”

Change of use

Planning permission was sought in 2007 for a change of use to A5 (hot food takeaway), the application was refused at area board on the 30th July for the following reason –

“The Local Planning Authority considers that the use of the premises as a hot food takeaway shop will result in the loss of an additional A1 retail unit reducing the dominance of such premises in the immediate vicinity to a level reducing the vitality and viability of this parade of shops and so threatening its function as a Local Centre and as such, is contrary to Policy S10(a) of the Unitary Development Plan”

The shop is currently vacant, its last use was as a butchers – use class A1. Permission is now sought for a change of use to A3 café. The applicant has stated that the café will be open during daytime hours only, and will provide food and hot drinks with the aim of producing an attractive facility which can be used by the Local Community.

The Local Shopping Centre can be split into three groups of shops, the majority of units are located to the north of Heathfield Road and contains 20 units of which the applicant property is one. The other groups of shops are smaller but contain larger units. The area to the South of Heathfield Road contains a pub and a Co- Op, whilst the area on the opposite side of the road contains a pub and a number of small shop units.

For the purpose of considering predominance issues of A1 units as set out in Policy S10 (a) the area to the north of Heathfield Road is taken to be the main shopping area and will be assessed individually of the adjacent areas afore mentioned. Out of a total of 20 units 10 are currently in use as A1 shops, whilst the remaining units comprise a mixture of A2 and A5 uses and includes the vacant shop which is the subject of this application. The amount of A1 units in this section of the shopping area is 50% and it is therefore considered that the alteration of the vacant unit to A3 will not affect the predominance of A1 units.

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The previous application was refused as a result of the loss of an A1 unit which would have a detrimental impact upon the vitality and viability of the Local Shopping Centre. Whilst the change to A3 would also result in the loss of an A1 unit the nature of this use is significantly different to an A5 use and therefore is not considered to have a negative effect on the viability of the shopping centre. The A3 use will be a daytime use opposed to the night time use of an A5 unit and therefore will attract people to the area during the day. Additionally, the use will act as a pull for the local community, providing a place for people to meet. PPS6 states that Local Authorities should consider the impact of shopping centre by taking into account amongst other things “potential changes to the quality, attractiveness, physical condition and character of the centre or centres and to its role in the economic and social life of the community”.

Design

No alterations are proposed for the external shop front, however it is proposed to construct a roller shutter for security purposes. The roller shutter will be in a projecting box which projects 0.33 metres from the front elevation of the unit. Whilst this is not ideal there are a range of similar projecting shutters within the street scene and therefore on balance it is deemed to be acceptable. The submitted plans show the construction of solid roller shutters, however these would be much more acceptable if they were perforated, this can be secured via an appropriately worded condition.

A flue is proposed to the rear of the property, however it is not considered to form a prominent or visually intrusive feature within the street scene.

Amenities

A residential flat is sited above the retail unit and is not under the occupancy of the applicants. There are also first floors above the adjacent retail units, however it appears that neither of these is currently occupied, nevertheless any potential impact upon future occupiers needs to be assessed.

An external flue is proposed to the rear of the property, at this stage two options have been shown the preferred option is the system showing a jet cowl terminating one metre above the eaves. Environmental Protection Service are satisfied that this is acceptable based on the submitted plans, however they have requested additional information relating to the sound insulation from the first floor flat. Additionally, confirmation of the siting of windows to the rear of the first floor flat are being awaited, this may affect the appropriateness of the flue system and will be reported at Board.

A condition will be attached to the application requiring final details of the type of extraction system to be installed as it may not be necessary to install such a commercial system depending on the type of cooking equipment utilised.

Hours of use will be conditioned to be daytime only (0700 – 1800) as agreed with the applicant via a telephone conversation on the 15th April 2008. The effect on

153 residential properties should therefore be minimal and will be within the context of the already busy Local Shopping Centre.

Highways

Highways have made no objection to the scheme, it is therefore considered that the unit will not result in a detrimental impact to highway or pedestrian safety. Furthermore, the unit is in close proximity to residential areas, and it is therefore expected that many people will walk to the Local Shopping Centre.

Access

The access to the shop will be the same as existing, there is a small step to the front of the shop, a condition will be attached to the application requiring further details of the provision of disabled access to the unit.

RESPONSE TO REPRESENTAIONS

− Any change of use to A5 takeaway use would be subject to a separate application.

SUMMARY AND RECOMMENDATION

The proposed change of use and external alterations including the construction of a flue extraction system and roller shutter are deemed to be acceptable and will not have a detrimental impact upon the surrounding area. The scheme complies with Policies S7, S10 and S11 of the Unitary Development Plan and is therefore recommended for approval.

154

Case Number 08/00345/FUL

Application Type A Full Planning Application

Proposal Erection of 66 no. 1/2 - bedroomed apartments in 3 no. 3/4 storey blocks with associated car parking

Location Land To The West And Garage Site To The East Of Crossland Drive Sheffield

Date Received 28/01/2008

Team SOUTH

Applicant/Agent Self Architects

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the applicant’s affordable housing offer fails to sufficiently meet the aims of Policy H4 of the Unitary Development Plan for Sheffield, and Affordable Housing Interim Planning Guidance 2006. It does not adequately reflect the need for affordable housing in the area, nor does it reflect the evidence of need for affordable housing demonstrated within the 2007 Housing Market Assessment, or the aims of Policy H3 of the Yorkshire and Humber Plan (Draft Revised Regional Spatial Strategy Incorporating the Secretary of State’s Proposed Changes).

155 Site Location

LOCATION AND PROPOSAL

This is a full detailed application for residential development to create 66 one and two bedroom apartments in three residential blocks, ranging from three to four storeys in height.

The application site is located immediately to the east of Ridgeway Road, at its junction with Crossland Drive, in the Gleadless Town End area of the city.

The site, which is long and narrow in shape, measures approximately 140 metres in length by approximately 40 metres in width giving an overall site coverage of approximately 0.648 hectares (1.6 acres). The site is positioned between the rear gardens of residential properties on Seagrave Crescent and Ridgeway Road (a

156 busy dual carriageway incorporating a Supertram rail link). This stretch of Ridgeway Road forms part of the Outer Ring Road.

The site had previously contained four blocks of four-storey maisonette flats, which were demolished approximately four years ago.

Vehicular access to the site is gained via the southbound carriageway of the Ridgeway Road dual carriageway. Vehicles exiting the site have to turn left and continue in a southbound direction along the Ridgeway Road.

The topography of the site is such that it slopes from south to north and from west to east. The ground level of the site is substantially lower than the adjacent dual carriageway (the difference in ground levels ranges between approximately 1.5 metres and 4 metres).

This application seeks consent to create 66 apartments, 66 off-street car-parking spaces and associated landscaping works. Of the 66 apartments 50 will be two- bedroom units, and the remaining 16 will be one-bedroom units.

RELEVANT PLANNING HISTORY

Outline Planning Permission for residential development was granted on 19th October 2004 (reference no. 04/02381/RG3).

Planning Permission for the erection of 72 Apartments on the site in four and five storey blocks, was refused in September 2007 (ref. 07/01966/FUL). The refusal was based upon:-

− scale and massing of the development being in contrast with character of the area; − poor access around the scheme for people with disabilities, contrary to the Council’s Mobility Housing Guidelines; − insufficient car/cycle parking provision; − unacceptable design; and − poor outlook, insufficient levels of amenity space resulting in poor living conditions.

SUMMARY OF REPRESENTATIONS

7 letters of objection to the development have been received following the display of site notices, newspaper advertisement, and individual neighbour notification. The objections are raised on the following grounds:-

− attempts have been made to address the earlier objections but concerns remain about the building’s impact; − the proposal is out of scale and character with it’s neighbours and the modern design doesn’t complement the area; − high level balconies will directly overlook rear gardens on Seagrave Crescent;

157 − there will be a substantial increase in traffic, all of which will access the small road at the rear of gardens on Seagrave Crescent resulting in noise and air pollution; − measures in the proposed Travel Plan are a ‘piecemeal’ offer or form of propaganda and will have little bearing on residents actions; − the proposals may impact on existing vegetation, and consequently wildlife on the site; − where will surface water discharge to? − the development will block daylight and sunlight from neighbouring properties; − four storeys is too high, and would result in a loss of privacy; − up to 120 cars could access the site close to the rear of private gardens; − previous flats on the site resulted in anti-social behaviour (not a consideration for this application); − proposals will devalue neighbouring property (non-planning issue); − tree planting could create excessive shade to rear gardens on Seagrave Crescent; − previous development of the site consisted of four blocks of 8 properties (total 32 units) and the new proposals are for 66 units.

PLANNING ASSESSMENT

Policy Issues

Unitary Development Plan Policy

The site falls within a Housing Policy Area (Policy H10) in the Unitary Development Plan, which states that Housing (Use Class C3) is the preferred use. The principle of residential development on the site has also previously been established by the outline planning approvals. The following planning policies are considered to be relevant:-

Policy BE5 requires that good design and the use of good quality materials is incorporated into all new developments, with a co-ordinated approach required to the design of schemes with more than one building, the mass of buildings is broken down, the site’s natural features are taken advantage of, and the layout should encourage conservation of energy and natural resources.

Policy H4 promotes affordable housing for people on low incomes and where a need is identified encourages the provision of affordable housing as a proportion of large housing schemes. This is supplemented by Interim Planning Guidance (IPG) approved by Cabinet in July 2006.

Policy H14 ‘Conditions on Development in Housing Areas’ lists criteria which should be met for development to be permitted, the policy states amongst other things that; the development should be of an appropriate scale, character and design, not be overdeveloped, or result in detrimental amenity issues for residents and provide appropriate off-street parking and comply with policies for the Built and Green Environment.

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Policy H15 ‘Design of New Housing Developments’ states that new developments will be expected to provide easy access and circulation around a site for people with disabilities, provide adequate private or communal amenity space and ensure that basic standards of daylight, privacy, security and outlook are met.

Policy H16 ‘Open Space in New Housing Developments’ requires developers to provide adequate open space within developments to meet the local needs of people living there, and for sites less than a hectare in area the developer is expected to make an appropriate contribution to the provision or enhancement of open space in the catchment area of the site.

Policy H7 ‘Mobility Housing’ seeks to achieve mobility housing to meet local need. The Mobility Housing Supplementary Planning Guidance (SPG) supports Policy H7 and is a material planning consideration in deciding planning applications.

With regard to the Built Environment, Policy BE5 seeks to achieve good design and the use of good quality materials. It states specifically that new development should complement the scale, form and architectural style of surrounding buildings, and take full advantage of the site’s natural and built features.

Regional Policy Guidance

Policy H3 of the Yorkshire and Humber Plan (Draft Revised Regional Spatial Strategy Incorporating the Secretary of State’s Proposed Changes) identifies that the Region needs to increase it’s provision of affordable housing and sets a provisional target (for Local Development Frameworks) of 30-40% in Sheffield.

National Policy Guidance

Central Government advice in Planning Policy Statement 3 (PPS 3) ‘Housing’ states amongst other things, that the Government is committed to promoting more sustainable patterns of development by concentrating most additional housing development within urban areas and on previously developed land.

The site is previously developed land on the basis that it was previously occupied by four blocks of maisonette flats, therefore, redevelopment of the site for residential use is in accordance with the objectives of PPS3.

PPS3 also states that 30 dwellings per hectare should be employed as a national indicative minimum to guide decision making, in the absence of localised density policies.

Planning Policy Statement 1: Delivering Sustainable Communities (PPS1) is relevant and seeks to ensure a high quality of design in all new developments. For example, paragraph 34 states that “design which is inappropriate in its context, or which fails to take the opportunities available for improving its character and quality of an area and the way it functions should not be accepted.”

159 In addition, the Supplement to Planning Policy Statement 1 ‘Planning Policy Statement: Planning and Climate Change’ sets out how Planning should contribute to reducing emissions and stabilising climate change. It promotes designing environmental performance into proposed developments and requires consideration of such issues as layout, orientation, massing and landscaping to minimise energy consumption, and carbon dioxide emissions. It promotes sustainable transport, the provision of appropriate private open space, sustainable urban drainage systems, and other elements which would contribute towards a sustainable development.

Design and Layout

The form, massing and scale of the proposal achieves an appropriate balance between the demands of creating a sufficiently strong built frontage to Ridgeway Road, and respecting the more modest scale of neighbouring property. This is achieved by the presence of three tightly grouped blocks on the Ridgeway Road frontage of the site, of similar scale to that on the opposite side of the carriageway, and by incorporating common design features to the surrounding area in the form of red brick, pitched roofs, windows of regular proportions, reflecting those of their neighbours.

The development now proposed has a lower overall height than that originally proposed and responds better to its context, following the topography of the site and surrounding area, stepping down the gradient of Ridgeway Road towards the city. The stepping of the blocks and modelling within the elevations create visual interest.

The proposals have been amended following negotiations during the application process. Red brick and cedar cladding are now the dominant external materials in a simple palette, windows have been added to previously blank gable elevations, and a low height brick wall with railings will form the boundary to the site on Ridgeway Road and Crossland Drive.

The proposals as amended are considered to represent an acceptable form of development, which has responded well to the previous refusal of permission, and meets the aims of Policies BE5 and H14 of the UDP.

Impact on Residential Amenity

The nearest residential properties to the development are the two storey semi detached dwellings located on Seagrave Crescent. These dwellings run parallel to the line of the proposed blocks and their rear gardens are approximately 35m from the main rear face of the residential blocks, and are separated from the areas of car parking by both a proposed and existing landscaped buffer, a minimum of 5m deep.

The rear elevations of the dwellings on Seagrave Crescent are a minimum of 50m from the main rear face of the proposed residential blocks. This distance significantly exceeds the 21m guideline which is sufficient to avoid overlooking. The proposal contains balconies on both main elevations and some residents have

160 raised concerns that these features will exacerbate any overlooking. The balconies are however juliette balconies which offer little, if any opportunity for sitting or standing. There are also roof terraces to the third floor accommodation. It is acknowledged that the height of the proposal, and it’s relatively elevated position are such that opportunities for overlooking are increased, however, the separation distance is such that there will be no loss of privacy to a degree that would justify refusal of permission. In addition, when the trees are in leaf (at a time when rear gardens and balcony areas are more likely to be in use) they will form an additional barrier, and it should be acknowledged that until recently the site contained four separate blocks of four storey accommodation, which whilst set an angle to the properties on Seagrave Crescent, would have presented a similar relationship to that now proposed.

Amenity of Future Residents

The site contains areas of communal external amenity space, concentrated in two main areas on the site, and linked by other portions of ancillary open space/footpaths within the site. The areas proposed are considered to provide an adequate level of external amenity space for residents. A small proportion of the units also have roof terraces which will serve as private amenity areas.

The scheme has also been designed to avoid poor outlooks from ground floor properties (a failing of the previous scheme) and overall the proposal is considered acceptable in terms of the amenity provision it offers for future residents.

Highway Issues

The site is in a sustainable location in transport terms, given its proximity to bus and Supertram services, and to local facilities. The proposal provides one car parking space per unit, incorporating a proportion of disabled parking. Also incorporated in the proposals are an appropriate number of cycle parking spaces, secured and undercover.

Whilst the level of parking falls short of the UDP guideline for such accommodation, the sustainable location of the site is such that the shortfall (16 spaces) is considered acceptable. In order to ensure that the shortfall does not result in on street parking in inappropriate locations, it is considered appropriate for any permission to incorporate a requirement for a Traffic Regulation Order to provide waiting restrictions on Crossland Drive and Crossland Place. This will protect the safe operation of the junction of Crossland Drive with Ridgeway Road.

As the proposed development would involve excavation works being carried out in relatively close proximity to Ridgeway Road, the developer would also need to submit further details to demonstrate that the proposed works would not adversely have an impact on the stability of the adjacent highway.

At present, there is an adopted public right of way running through the site linking the south west corner (adjacent to 873 Ridgeway Road) to the north east of the site (joining onto Crossland Drive and/or Crossland Place). As a consequence of this

161 proposed scheme, the public right of way would become closed (a process that would require the developer to apply for a footpath closure order).

A Travel Plan has been submitted with the application which includes measures to promote the use of public transport, cycling and walking, and car sharing and the use of car clubs. These measures are welcomed as is a commitment within the plan to future monitoring.

In the above context the proposals are considered to be acceptable in highway safety and transportation terms.

Noise Impact Assessment

An environmental noise impact assessment using criteria in Planning Policy Guidance Notes 24 (PPG 24) and World Health Organisation recommended noise levels for habitable rooms has been undertaken by Cheshire Environmental Associates. The survey indicates noise levels on site fall within Noise Exposure Category ‘B’ for the daytime and night-time periods. The report recommends different glazing systems for different elevations of the scheme to achieve appropriate noise levels within habitable rooms, and states that adequate ventilation needs to be provided for habitable rooms.

Noise Exposure Category ‘B’ is described in PPG24 as being reflective of locations where noise should be taken into account when determining planning applications, and where appropriate, conditions imposed to ensure an adequate level of protection against noise.

Such conditions are considered reasonable in this instance in the event of permission being granted.

Sustainability

The site is located in a sustainable location in that it consists of a previously developed site, in close proximity to a range of services, including shops, community halls, pubs, restaurants, and medical facilities, and is well served by public transport.

The design and layout of the development incorporates apartments, which assists in providing a mix of accommodation in the area which is otherwise dominated by family homes.

The applicant has submitted information with the application that demonstrates a commitment to promoting construction methods that will achieve better U-values than those prescribed in the Building Regulations. A condition will be imposed on any approval to ensure this is achieved.

Further proposed measures include low energy lighting, motion sensors, dual flush toilets for water conservation, and sourcing materials locally wherever possible. Discussions with the applicant have also confirmed that Sustainable Urban

162 drainage Systems will be considered for the hard surfaced areas within the site, which will assist with reducing surface water run off.

This range of measures is considered acceptable and would be secured through an appropriate condition.

Affordable Housing Issues

In consideration of the previously refused application, the matter of affordable housing provision was identified, but not fully concluded due to the overriding concerns with the physical aspects of the development proposed.

This application was submitted after July 2006 and therefore is assessed against the Interim Planning Guidance of that date. The guidance requires developments of more than 25 dwellings to provide an affordable housing contribution, either on site, or by way of a commuted sum for off site provision.

The application site is outside the Housing Market Renewal Area, and therefore, the requirement would be for a contribution equivalent to at least 20% of the units being provided at the current Affordable Price (£70,000). The IPG states that this requirement may be relaxed where the scheme would provide substantial regeneration benefits or where there are other abnormal costs and application of the guidance would make the scheme unviable.

Whilst the scheme will provide the benefit of new housing units in the area, and redevelop a vacant site, it does not have ‘substantial regeneration benefits’ as defined in the IPG. The IPG defines such benefits as including one third of the development being Business floorspace, or where the site falls within an approved masterplan (e.g Housing Market Renewal Area). There are no abnormal costs with the scheme.

The applicant has stated that the scheme is unviable, and has provided information which identifies anticipated profit levels from the scheme of significantly less than the 15% which is generally considered the minimum level of profit necessary before a developer would consider proceeding with a development of this nature. This has been assessed and is considered to be reasonable.

Owing to the anticipated shortfall in profit, the applicant has offered a financial contribution of £156,000 towards off site provision of affordable housing. The full contribution (based on 20%) would equate to £462,000, and the offer therefore represents one third of the expected contribution (or 6.66% as opposed to the required 20%).

An assessment of need for affordable housing in the neighbourhoods surrounding and including the site has been undertaken, based upon the 2007 Housing Market Assessment. This concludes that there is high demand for affordable housing from people looking to move into the area, the average number of bids per Council property is higher than the city average, and the average property in the area costs 5.8 times the average household income, indicating that for many people in the

163 area, existing housing is unaffordable for them. All of which points towards a strong need for affordable housing in the area.

In this context the contribution being offered towards Affordable Housing is considered to be insufficient, and fails to meet the requirements of the Interim Planning Guidance or the Regional Spatial Strategy, which sets a provisional estimate that 30 to 40% of new housing may need to be affordable to meet Sheffield’s needs (Policy H3 of RSS).

This is a substantial shortfall of the scheme on a fundamental issue, and warrants the refusal of permission.

Flood Risk

The developer submitted a limited Flood Risk Assessment as part of the previous application. No objections were received from the Environment Agency to that submission and circumstances are unchanged.

Disability Access Advice At least 25% of the residential units and the overall site environment should be designed and constructed to Mobility Housing standards as set out in ‘Mobility Housing – Supplementary Planning Guidance’, in accordance with UDP policy H7 'Mobility Housing'. The scheme identifies a minimum of 17 units which will achieve Mobility Housing standards of design. There are some minor adjustments needed to the layout of the site in terms of car parking spaces and gradients in order to further comply with Mobility Housing guidance, however it is considered that these matters could be satisfactorily resolved through use of appropriate conditions.

Open Space

The catchment area of the site is well below the minimum guideline requirement for informal open space and well above the minimum for guideline for formal open space. The overall provision is 2.68 hectares per thousand population, well below the minimum guideline of 6.00. As such, a contribution is required for the provision or improvement of recreation space in the catchment area in accordance with Policy H16 of the Unitary Development Plan and the Councils Supplementary Planning Guidance on Open Space Provision in New Housing Developments.

This contribution would require the applicant to enter into a Section 106 agreement to pay a financial contribution of £22,814.50 for the enhancement and improvement of open space within the area.

Education Provision

The proposal is of a nature (apartments) that is unlikely to generate a large number of school age pupils. Notwithstanding that, in accordance with usual practice, the advice of the Children and Young People’s Service has been sought. CYPS has confirmed that the local catchment primary school (Gleadless) has sufficient

164 capacity to accommodate the low levels of children expected to be generated by the development.

RESPONSE TO REPRESENTATIONS

The report responds to the majority of the concerns raised in objections to the scheme, however the following comments are made in response to the remaining items:-

The site has no intrinsic value in ecological terms and contains no significant form of vegetation that is worthy of protection.

Given the substantial distances between existing and proposed properties it is not considered that there would be a loss of sunlight or daylight to existing property resulting from the development.

SUMMARY AND RECOMMENDATION

In summary, the development represents an improvement over the previously refused application in that it relates better to its surrounding context, responds to the topography of the site, and provides a development which will provide a strong built edge to Ridgeway Road. This has been achieved without detriment to the amenities of neighbouring residents, and would represent a positive contribution to the area.

The scheme raises no significant highway safety issues and provides an appropriate level of parking provision, taking into account the sustainable location of the site.

However, the applicant’s proposed contribution to affordable housing of £156,000 falls significantly short of what is considered necessary (£462,000) to meet the terms of UDP Policy H4, Affordable Housing Interim Planning Guidance, and Policy H3 of the Regional Spatial Strategy, and as such it is considered that Planning Permission should not be granted.

It is therefore recommended that Planning Permission is refused owing to the failure of the scheme to meet those requirements.

165

Case Number 08/00371/CHU

Application Type Planning Application for Change of Use

Proposal Use of shop as cafe (Use Class A3) (In accordance with e-mails dated 04/04/2008, 14/03/2008 and 11/03/2008)

Location The Tanning Zone Unit D 41 - 43 Spa View Road Sheffield S12 4HE

Date Received 28/01/2008

Team CITY CENTRE AND EAST

Applicant/Agent Mrs G Cooper

Recommendation Grant Conditionally

Subject to:

1 The development shall 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 No deliveries to the building shall be carried out between the hours of 2300 to 0700 hours Monday to Saturday and 2300 hours to 0900 hours Sundays and Public Holidays.

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

3 The cafe shall not be occupied unless 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 amenities of occupiers of adjoining property.

4 The ground floor unit shall be used as a café only between 0800 hours and 1600 hours, Mondays to Saturdays, and between 0900 hours and 1200 hours on Sundays.

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

5 Notwithstanding the details in the email dated 11/03/2008, relating to cooking equipment and fume extraction, the proposed cooking equipment and fume extraction system shall be in accordance with email dated 04/04/2008.

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

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

167 Site Location

LOCATION AND PROPOSAL

The application site is located within a Housing Area, as defined in the Unitary Development Plan and relates to a ground floor shop unit, within an ‘L’ shaped, two-storey block. The shop unit is currently vacant, but was formerly used as a Tanning Studio and occupies 1 of 3 shop units. The frontage has a typical shop front and benefits from a level threshold. Other units within the block include the British Martial Arts Academy and a retail shop, ‘Special Occasions Cakes’. The building also comprises 2 residential flats, at first floor level. An additional shop exists to the rear of the building and to the west is a public house, ‘Golden Plover’. The immediate surrounding area is depicted by residential properties.

A shared forecourt area exists in front of the building, which leads down to the footway. A means of vehicular access is gained from Spa View Road, which

168 extends to the rear of the property, leading to a small enclosed garden. Access to the first floor flat is also gained from the rear.

Planning permission is sought to change the use of the existing Tanning Shop into a café (Class A3 use).

RELEVANT PLANNING HISTORY

00/01703/FUL – Use of ground floor of building for the sale of take-away hot food – Refused – 29th January 2001.

88/03535/FUL – Use of shop for the sale of take-away hot food – Refused – 2nd February 1989.

88/02406/FUL – Alterations to part of shop to form separate shop unit – Granted Conditionally – 21st September 1988.

86/01666/FUL – Alterations to shop front and re-siting of doorway – Granted – 10th September 1986.

SUMMARY OF REPRESENTATIONS

One email has been received stating no objection.

PLANNING ASSESSMENT

Policy

The site lies within a Housing Area, as defined in the Unitary Development Plan and as the proposal involves a change of use, Policies H10 and H14 would apply.

Policy H10 identifies Housing (Class C3) as the preferred use but does permit other uses, such as food and drink outlets (Class A3 – restaurants and cafes) subject to complying with Policy H14. The proposed use, as a café, is therefore an acceptable use, in accordance with Policy H10.

Policy H14 does allow a change of use provided it would not harm the character of the neighbourhood; would provide safe access to the highway and appropriate off- street parking and not endanger pedestrians; would not suffer from unacceptable air pollution, noise or other nuisance or risk to health or safety; would only occupy a small area and not lead to a concentration of non-housing uses which would threaten the residential character of the Housing Area; not lead to air pollution, noise, smell, excessive traffic levels or other nuisance for people living nearby; and be on a scale consistent with the residential character of the Area.

The proposal involves a change of use of an existing shop unit, thereby a commercial usage has already been established such that there would be no loss of existing housing stock or further change to the character of the Housing Area. Given the size of the retail unit, it would only be small scale, which is conducive to the Area.

169

Residential Amenities

The ground floor unit would comprise of a small seating area (approx. 23 square metres) with servery and kitchen area. The café would provide a menu consisting of hot and cold sandwiches, breakfasts, light lunches and hot and cold drinks. Cooking equipment would be at a domestic scale, consisting of a kettle, 4 slice toaster, sandwich toaster, bain marie with 4 pans and a combination microwave oven.

Following discussions, the scale and intensity of the proposal has been reduced, which has resulted in a reduction in the type of appliances used and a revised fume extraction system proposed. The extraction system would be via a domestic stainless steel cooker hood with 3 speed settings, at max speed = 55dBA, extraction rate = 480m3/hr, with two washable grease filters and a charcoal filter, thus no requirement for an external flue. Such arrangements are considered acceptable and would not lead to an odour nuisance for existing residents of the upper floor flats or those occupying properties to the rear. However, to ensure that living conditions remain satisfactory for the resident/s of the upper floor flat, sound attenuation measures are required to be implemented and a condition would be imposed.

The activities associated with the proposed use would generate some noise as a result of people entering and leaving the building, activities taking place within the building, including noise from visiting members of the public and potentially more traffic movements. However, the proposed hours of opening (following discussions) have been reduced and the premises would be operational during main working hours, thus would not create a potential noise nuisance. Furthermore, since the site has been established in terms of a commercial usage, the residents of the upper floor flats have already been subject to some level of noise/activity during the day and therefore there would be no significant change in circumstances. It is therefore considered that occupiers of the upper floor flats and rear properties would not be adversely affected and the proposed change of use would not have a detrimental impact on residential amenity.

Within the curtilage of the site, to the rear, is a hard surfaced area and garden, which would be of sufficient size to accommodate bin storage and servicing.

Highway Issues

The proposed use is unlikely to generate a significant increase in traffic given that the development is small scale, and is therefore considered acceptable in terms of highway safety.

SUMMARY AND RECOMMENDATION

The proposed change of use to a café (Class A3 use) is acceptable, in accordance with Policy H10. The scale and intensity of the proposed use would be small thus requiring limited cooking equipment and a domestic scaled fume extraction system. The proposed hours of use and recommended sound attenuation measures would

170 ensure occupiers of existing residential properties would not be adversely affected, such that Policy H14 would be complied with.

The application is therefore considered acceptable and recommended for approval.

171

Case Number 08/00528/FUL

Application Type A Full Planning Application

Proposal Demolition of existing dwelling and erection of 4 dwellinghouses

Location 143 High Storrs Road Sheffield S11 7LG

Date Received 11/02/2008

Team SOUTH

Applicant/Agent Mr D Clewes

Recommendation Grant Conditionally

Subject to:

1 The development shall 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 Samples of all proposed external materials and finishes, including windows, 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 the interests of the amenities of the locality.

3 The dwellings 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.

4 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.

172

5 The gradient of shared pedestrian/vehicular access shall not exceed 1:12 unless otherwise agreed in writing by the Local Planning Authority.

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

6 The dwellings shall not be used unless the car parking accommodation for 2 cars per dwelling 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.

7 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 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 agreed by the local planning authority

In the interests of the amenities of the locality.

8 Before any work on site is commenced, measures to protect the existing trees to be retained, 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 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.

9 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.

10 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, Part 1 (Classes A to F inclusive), Part

173 2 (Class A), or any Order revoking or re-enacting that Order, no extensions, porches, garages, ancillary curtilage buildings, swimming pools, enclosures, fences, walls, hardstandings or alterations which materially affect the external appearance of the dwellings shall be constructed without prior planning permission being obtained from the Local Planning Authority.

In the interests of the visual amenities of the locality.

11 At all times that 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 traffic safety and the amenities of the locality.

12 Notwithstanding the drawings hereby approved and before the development is commenced further details of the external works and hard paved areas, shall have been submitted to and approved by the Local Planning Authority, and the development shall not be used unless such external works and hard paved areas have been provided in accordance with such approved details and thereafter retained.

In the interests of the visual amenities of the locality.

13 The development shall not commence until details of the finished floor levels for each of the new dwellings have been submitted to and approved in writing by the Local Planning Authority and thereafter the dwellings shall be built in accordance with the approved details.

In the interests of the visual amenities of the locality and to ensure no adverse impact on adjacent protected trees.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions in Development in Housing H15 - Design of New Housing Developments BE5 - Building Design and Siting

174 This informative is intended as a summary of the reasons for grant of planning permission.

Site Location

LOCATION AND PROPOSAL

The application relates to the existing property and curtilage of No. 143 High Storrs Road. The site currently contains a single detached bungalow set back from the road, close to the centre of the site. The site is bound by residential properties on either side, with the school playing fields to the rear boundary. A number of mature trees bound the site to the side and rear which are covered by a Tree Preservation Order.

175 The Sheffield Unitary Development Plan identifies the site as falling in a Housing Area, with the immediate area being characterised by predominately semi- detached and detached two storey dwelling houses to the north of the site, with detached bungalow to the south along Huntley Grove.

This application seeks full planning permission for the demolition of the existing bungalow on the site, and erection of 4 semi-detached, two-storey dwellings. Each dwelling has a single width drive to the front, leading to an internal garage. Two reception rooms are proposed to the ground floor, four bedrooms to the first floor and a bedroom in the roofspace. Private gardens are proposed to the rear.

RELEVANT PLANNING HISTORY

Planning permission was refused in November 2007 for the demolition of the existing dwelling and erection of 2 dwellings. Application No. 07/03656/FUL. The reasons for refusal included:

The Local Planning Authority consider that the positioning of the proposed dwellings by reason of their siting within the application site and their relationship to one another is out of keeping with the character of the area and would be injurious to the visual amenities of the locality. This would be contrary to Policy BE5 and H14 of the Sheffield Unitary Development Plan.

The Local Planning Authority consider that the close proximity of the proposed dwellings would result in unacceptable overlooking to and from another, leading to unacceptable level of privacy afforded to future occupiers of the proposed dwellings. Furthermore the close proximity of the proposed rear and side boundaries to the forward most plot would result in a poor outlook from the main habitable rooms for occupiers of the proposed dormer bungalow. This would therefore result in poor living conditions for occupiers of the proposed dwelling which would be contrary to Policy H14 of the Sheffield Unitary Development Plan.

The proposal would result in the loss of protected trees of significant amenity value within the site, thereby adversely affecting the visual amenities of the locality. In this respect the proposal would be contrary to Policy GE15, of the Sheffield Unitary Development Plan.

Consent was granted in January 2008 for the pruning of trees. Application No. 07/04833/TPO.

Consent was granted in 1992 for the pruning of 5 trees. Application No. 02/02945/TPC.

Planning permission was refused in 1983 for the erection of a bungalow and garage within the curtilage of No. 143 High Storrs Road. Application No. 83/02131/OUT

Several historic planning application were received between 1972 and 1974 for the erection of between 6 and 15 flats. These have little relevance to this current application.

176 SUMMARY OF REPRESENTATIONS

4 representations have been received following publicity of this application. Issues raised include:

3 letters are objecting to the scheme on the grounds of: − The character of this part of High Storrs Road has already changed with the cutting down of a large number of trees. To build on this scale would make it unrecognisable. − 4 houses is very much out of character with those in the district, being to close to one another appearing like a terrace. They have nothing in common with any other building in the area. − 2 parking spaces is not sufficient for large family houses. − The development is directly opposite a busy junction, (High Storrs Road and Highcliffe Road) cars reversing out would create unnecessary danger to road users, both pedestrian and vehicular. − More than one tree is to be removed from the site. − Whilst the other trees are to remain, they are in need of surgery to keep them under control. − The window to the rear will overlook the garden of No. 139 High Storrs Road. − There are inaccuracies with the planning background as described by the agent in the Design and Access Statement. − The loss of the trees (both proposed and previously removed) would impact on the water table affecting occupiers of adjacent property. − National and local government guide seeks to promote, conserve and replant trees in the locality. − Occupiers of the proposed dwelling located to the north of the site would experience a poor sunlight owing to the close proximity of the trees, leading to future application for removal of the trees. − Who would be responsible for the upkeep of the trees? − There will be an increase in pollution, in terms of noise, traffic and waste. − The proposal is for profit rather than the impact on the character of the area. − The window in the side of No. 141 serving the landing (a non-habitable room) would be overshadowed completely by the development. − Whilst the bungalows on Huntley Grove do not meet current guidelines on minimum garden areas, and proximity to the boundary, they should be taken into consideration when assessing the impacts of the proposed development.

1 letter raises no concerns to the development providing that attention is paid to the preservation of the boundary wall and fence to the south side is that the new boundary fence will nor affect adjoining properties boundaries.

177 PLANNING ASSESSMENT i) Policy Issues

The area is designated as a Housing Policy Area within the adopted Sheffield Unitary Development Plan. As such the principle of the site being redeveloped for replacement housing is acceptable in accordance with the provisions of Policy H10 (Development in Housing Areas) thereof. However the development proposal must also be assessed against the provisions of Policy H14 (Conditions on Development in Housing Areas).

Policy H14 states In Housing Areas, new development or change of use will be permitted provided that; (a) new buildings and extensions are well designed and would be in scale and character with neighbouring buildings; and (b) new development would be well laid out with all new roads serving more than five dwellings being of an adoptable standard; and (c) the site would not be overdeveloped or deprive residents of light, privacy or security, or cause serious loss of existing garden space which would harm the character of the neighbourhood; and (d) it would provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians;

Policy H15 ‘Design of New Housing Developments’ states: The design of new housing developments will be expected to: (b) provide adequate private garden spaces or communal open space to ensure that basic standards of daylight, privacy, security and outlook are met for all residents

Good design and the use of good quality materials will be expected in all new and refurbished buildings and extensions. Policy BE5 indicates that the following principles will apply for physical design: (a) original architecture will be encouraged but new buildings should complement the scale, form and architectural style of surrounding buildings. (d) in all new developments, design should be on a human scale wherever possible, and, particularly in large-scale developments, the materials should be varied and the overall mass of buildings broken down;

The guidelines set out within the Designing House Extensions – Supplementary Planning Guidance are targeted at house extensions. However, it also serves to set parameters and guideline which are helpful in assessing applications of this nature.

Of particular interest are Guidelines 1; Extensions should be compatible with the character and built form of the area, Guideline 4; Overdevelopment of a house plot with extensions that leave little garden space will not be permitted. It is stated that a garden size of 50sq m would be expected for a two+ bedroom house. Also a minimum distance to the back boundary of 10m is required; Guideline 5; Unreasonable overshadowing and over dominance of neighbouring dwellings should be avoided, as should serious reductions in the lighting and outlook of the dwelling to be extended. It is stated that a minimum separation of 12m from ground floor main windows at a neighbour should not be nearer than 12m to a blank gable elevation, with a 45 degree rule being applied for adjacent sites, and Guideline 6; Extensions should protect and maintain minimum levels of privacy. A

178 minimum distance of 21m is required between facing main windows, or on sloping land.

(ii) Highways

The proposed increase from a single dwelling to 4 dwellings will generate additional vehicular movements; however it is not considered that this level of additional traffic would have a material impact on the surrounding highway network.

The current proposal necessitates vehicles reversing to or from the highway, obviously it would be preferable for on site turning provision to be made such that vehicles can enter and exit the site in a forward gear. However it can be seen that existing properties to both sides of the site have parking arrangements which involve reversing manoeuvres.

Relevant conditions would ensure appropriate vehicle/pedestrian intervisibility splays, redundant access are stopped up, appropriate gradients and car parking is provided before occupation.

(iii) Design Issues

The surrounding street scene consists primarily of semi-detached and detached two storey dwellings fronting onto High Storrs Road, with detached bungalows fronting onto Huntley Grove.

This application seeks permission to erect 4 semi-detached dwellings fronting onto High Storrs Road. The dwellings are two storey, with Dutch hipped roofs, with gabled feature to the front. Each dwelling has an internal garage with car parking space in front. The properties have a canopy running above the entrance and garage at the front between ground and first floor level.

The siting of the proposed dwellings is considered acceptable. The front elevation is set back in line with the neighbouring properties and the general pattern of the surrounding area. The footprints of proposed dwellings extend to within approximately 1.5 metres of the boundary. Dwellings built up to the boundary are not uncommon within the vicinity. The neighbouring properties of 141 and 139 High Storrs Road are within approximately 1.5 metres to their side boundaries.

The visual appearances of the buildings are considered satisfactory; the creation of small gable features to the front elevation gives the design more vertical emphasis.

Details of the materials for the facing and roofing materials can be controlled through a relevant condition, with samples to be submitted to ensure appropriate quality, along with details of the windows doors and garages doors.

Overall, it is therefore considered that the development complies with the provisions of UDP policies BE5 (a) and H14 (a).

179 (v) Effect on Residential Amenities

Future Occupiers

Supplementary Planning Guidance, Designing Household Extensions contains a framework of guidelines for house extensions. Whilst this cannot be directly applied to the erection of dwelling houses, the principles can be used, and have been accepted as having considerable weight when Inspectors have considered appeals relating to new build residential developments.

The SPG states that an adequate level of private garden space should be provided measuring at least 50 metres with a distance of 10 metres to the rear boundary. This application proposes between 35 and 45 metres to the rear boundary which is far in excess of the guideline.

Occupiers of the proposed dwellings will not experience any adverse overlooking or overshadowing. Each dwelling has a good outlook from habitable windows. The line of trees running along the boundary with No. 141 are within the curtilage of the northern most proposed dwelling however the trees are of a distance away and orientation as to not significantly affect day light.

Occupiers of neighbouring properties

Three windows and a door are proposed in the side elevations of the proposed dwellings. These windows all serve bathrooms (2 to the first floor and 1 to the ground floor), all of which will be conditioned for obscure glazing and therefore present no adverse overlooking issues.

There is a window present in the side of No. 141 which appears to serve a landing. A landing window is not a habitable window, and therefore loss of light is not considered to adversely impact on occupiers amenity. Furthermore the window is along the boundary and relies on third party land for light.

The rear elevations of the proposed dwellings at two storey height do extend past the rear elevations of No. 141 and 165. SPG Guideline 5 indicates that where a two storey extension is alongside another dwelling, the furthest extent of the extension should make an angle of no more than 45 degrees with the nearest point of a neighbours window. This proposal complies with this guideline and therefore it is considered that there will be no detrimental impact on occupiers of adjoining properties through overbearing or overshadowing.

The properties along Huntley Grove consist of bungalows with relatively short rear gardens, which back onto the south boundary of the site. The position of the proposed dwellings are set at an angle from these bungalows and will not be in within the immediate outlook from the habitable rooms. Furthermore the dwellings are positioned to the north west and as such will not affect any natural daylight to the dwellings or their gardens. A 2 metre high boundary wall/fence is proposed which will ensure that privacy levels are retained. Windows are proposed in the rear of the properties at first floor close to the southern boundary. Owing to the acute angle between the windows of the

180 bungalows and the proposed dwellings, it is not considered that any significant overlooking will occur.

(vi) Impact on Trees

The northern and eastern boundaries of the site are covered by a Tree Preservation Order, No. 808/368 which safeguards the avenue of lime trees which are considered to be of high visual amenities value of the locality.

The proposed development results in the loss of 5 trees in total. 3 of the trees closest to High Storrs Road which have recently been pollarded are not covered by the tree preservation order, and in principle there is no objection to their removal. The next 2 trees, one of which has been pollarded, are subject to the TPO, and are required to be removed.

The lime trees are subject to a TPO on there group value and not on an individual basis. The loss of the two trees will have minimal and negligible impact on the group as a whole and therefore there removal is considered acceptable, and is not considered to play a detrimental role in the appearance of the street scene

The area of hard standing/patio has been reduced away from the existing trees. Permitted development rights should be removed to prevent any building or hard standing in close proximity to the TPO trees, and details of construction works close to the trees can be controlled through a relevant condition.

Therefore it is considered that the removal of 2 trees, which is covered by the TPO still maintains the visual amenity value of both the northern and eastern boundary avenues of lime trees.

SUMMARY AND RECOMMENDATION

The application proposes to erect 4 semi-detached dwellings on the site, fronting onto High Storrs Road. A previous scheme was refused in November 2007 for the erection of 2 detached dwellings located towards the centre of the site. The reason for refusal concerned poor amenities to occupiers of the proposed dwellings, the loss of 7 TPO trees, and the uncoordinated siting of massing of the proposed dwellings.

This scheme proposes 4 dwellings which are sited to mirror the wider street scene, fronting onto High Storrs Road. The properties are considered acceptable in visual terms, and are of a design, scale and mass to blend in with the street scene.

It is not considered that there will be a detrimental impact on the amenities of existing occupiers of neighbouring properties or any adverse impact on future occupiers of the site.

It is therefore considered that the development meets the provisions of BE5, H10, H14 and H15 of the adopted Sheffield Unitary Development Plan, and it is therefore recommended that Planning Permission be approved.

181

Case Number 08/00565/FUL

Application Type A Full Planning Application

Proposal Demolition of church and erection of housing office in 1 x 1/2 storey block with associated car parking accommodation and landscaping (in accordance with amended plans received 15/04/08)

Location Beck Chapel Beck Road Sheffield S5 0GB

Date Received 13/02/2008

Team CITY CENTRE AND EAST

Applicant/Agent PTEa

Recommendation Grant Conditionally

Subject to:

1 The development shall 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 the following samples shall have been submitted to and approved in writing by the Local Planning Authority:

i) proposed facing materials (including colours of cladding, and ii) proposed roofing materials

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

In order to ensure an appropriate quality of development.

3 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 development 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.

182 4 The first floor windows on the east facing elevation of the new building facing No. 36 Beck Road shall be glazed with obscure glass to a minimum privacy standard of Level 4 Obscurity and shall not 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.

5 The building shall not be used on any Sunday or any Public Holiday and shall be used only between 0700 hours and 2200 hours on any other day.

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

6 The approved landscape works shall be implemented prior to the use of the development commencing or within 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 agreed by the Local Planning Authority.

In the interests of the amenities of the locality.

7 Before work on site is commenced, full details of suitable inclusive access and facilities for disabled people, both to and into the building(s) and within the curtilage of the site, shall have been submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such inclusive access and facilities have been provided in accordance with the approved plans. Thereafter 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.

8 The development 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.

9 The development shall not be used unless all redundant access have been permanently stopped up and reinstated to kerb and 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.

183 10 The gradient of shared pedestrian/vehicular access shall not exceed 1:12 unless otherwise agreed in writing by the Local Planning Authority.

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

11 The development shall not be used unless the car parking accommodation as shown on the approved plans has been provided in accordance with those plans, surfaced, sealed, drained, formally marked out and illuminated to the satisfaction of the Local Planning Authority, and thereafter retained/maintained for the sole purpose intended.

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

12 At all times that 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.

13 Notwithstanding the submitted plans, before the development is commenced, full details of the vehicular access arrangements shall have been submitted to and approved in writing by the Local Planning Authority (to include a widening to 5 metres, materials/specifications, any drainage implication, any tactile paving, demarcation of highway boundary, any accommodation works to street furniture). The access shall have been constructed in accordance with the approved details prior to occupation of the development

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

14 The development shall not be used unless the cycle parking accommodation as shown on the approved plans has been provided in accordance with those plans and, thereafter, such cycle parking accommodation shall be retained.

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

15 Prior to the layby being constructed on Beck Road, full construction details and geometry shall have been submitted to and approved in writing by the Local Planning Authority (including of the arrangements to be entered into for its’ provision). The layby shall only be provided in accordance with the above-mentioned arrangements/details.

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

184

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas BE5 - Building Design and Siting BE6 - Landscape Design BE7 - Design of Buildings Used by the Public GE29 - Energy Conservation

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

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

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.

2. 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

185 S1 2SH

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

3. 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 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 of delivery purposes.

4. 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.

5. The applicant is advised that safe development and occupancy of the site rests with the developer. The Local Planning Authority has determined the application on the basis of the information (Phase 1 report) available to it but contamination may still be discovered during the development. If any such contamination is encountered, the Local Planning Authority should be notified within one working day of its discovery.

6. 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.

7. 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.

186 Site Location

LOCATION AND PROPOSAL

The application site relates to the Low Shiregreen Methodist Church, known as Beck Chapel, which is currently boarded up and has been vacant since 2003. The building is laid out in an ‘L’ shape providing 2 main hall areas, 1 with a stage and also ancillary rooms and a small kitchen in a steep pitched roof building with large window openings around a predominantly grassed courtyard area to the frontage. The site is at the corner of Beck Road and Sicey Avenue with its vehicular access taken off Beck Road although a disused access also exists off Sicey Avenue. The site slopes significantly down from front to back (south to north) (approx 2metres difference) and the current Chapel is situated 1 metre below the pavement level of Beck Road.

187 The site is bound by residential properties to the east, west and north and the site falls within a designated Housing Area as defined in the adopted Sheffield Unitary Development Plan. Beck Primary School is situated approximately 100 metres to the west of the site, further along Beck Road. The site is within the Brightside and Shiregreen area of the City which is also a Housing Market Renewal Area.

The site has previously been the subject of failed renovation proposals and full planning permission is now sought for the demolition of the church and the erection of a one and two-storey building to be used as Sanctuary Housing office (Use Class A2 and B1) with shared community meeting rooms (Use Class D1) with associated car parking accommodation and landscaping.

Sanctuary is a social landlord and the office will serve as a base for its team of 9 community wardens and estate officers, and will accommodate up to 30 people who are office based and will also be visited by members of the public.

RELEVANT PLANNING HISTORY

Full planning permission was granted conditionally for use of the Chapel buildings as a boxing club (Use Class D2) in hall 1 with a separate entrance lobby and changing rooms. The remainder of the building would be used as small offices (Use class B1), community facilities in the form of a meeting room and a crèche (Use class D1). Car parking provision for 11 cars including 2 disabled spaces was also proposed (see application 05/01717/RG3). However, there were doubts about the long-term sustainability of the proposals and they were abandoned.

SUMMARY OF CONSULTATIONS

In 2006, a stock transfer took place and Sanctuary Housing became the new majority social landlord in the area and following extensive consultation in the form of open days, surveys etc about what residents wanted from their new landlord, was to have a ‘presence’ in the area. As such, the development proposal is part of Sanctuary’s commitment to Shiregreen. Discussion at monthly neighbourhood panels and during development of the Neighbourhood Strategy, the Beck Chapel site was favoured as an appropriate location. Sanctuary have continued to consult with the local population as the scheme has progressed and their comments have been incorporated into the plans. The site is currently owned by Sheffield City Council purchased using funds from English Partnerships.

SUMMARY OF REPRESENTATIONS

There has been 1 letter of representation received from local residents regarding the application commenting that the proposed access route which is a single driveway runs adjacent to the existing properties fronting Sicey Avenue will result in issues of noise and disturbance. Noted that the existing vehicular access off Beck Road does not impact adjacent properties.

188 PLANNING ASSESSMENT

Policy issues

The site falls within a designated Housing Area as defined in the UDP where offices used by the public (Use Class A2), Business (Class B1) and community facilities and institutions (Class D1) are considered acceptable forms of development in principle subject to compliance with other relevant UDP policies.

UDP policy H14 ‘Conditions on Development in Housing Areas’ lists 8 criteria which should be met for new development or change of use to be permitted. These include that the site would not be over-developed or deprive residents of light, privacy or security and it would provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians and that it would comply with Policies for the Built and Green Environment. In addition, for non- housing use, the criteria includes the need to avoid air pollution, noise, smell, excessive traffic levels or other nuisance, or risk to health and safety for people living nearby, and be on a scale consistent with residential character of the area and occupy an existing building set in its own grounds.

UDP policy CF1 ‘Provision of Community facilities’ states that the provision of community facilities will be promoted, particularly where they would be located where there is a shortage, be easily accessible for public transport, be located within the community they intend to serve and comply with policy BE7.

UDP policy BE5 ‘Building Design and Siting’ states that good design and the use of good quality materials will be expected in all new building and that original architecture will be encouraged and that new buildings should complement the scale, form and architectural style of surrounding buildings and that special treatment should be given to corner sites in order to create a lively and interesting environment and UDP policy BE6 expects high quality ‘Landscape Design’.

UDP policy BE7 ‘Design of Buildings Used by the Public’ states that in all buildings to be used by the public, provision will be expected to allow people with disabilities safe and easy access to the building and to appropriate parking spaces. The provision of facilities for people with young children such as child care facilities is also encouraged

UDP policy GE29 states that measures to conserve energy will be expected in the design, orientation and layout of buildings.

The Brightside/Shiregreen masterplan approved by cabinet in January 2008 is also a material consideration and includes objectives to strengthen the community hub at Beck Primary School/Beck Chapel junction and to carry out street scene improvements.

Demolition

The Chapel was developed in the 1930s as the housing estate was developed and is constructed in brick with a plain clay tile roof. The Chapel was used for some 70

189 years before it was vacated. Since the building fell into disuse, its fabric deteriorated rapidly. A report from 2005 shows that there was extensive dry-rot with the floorboards and joists badly affected and the building has become dangerous to use. Therefore, it has not been possible to find a viable future use for the building especially owing to the limitations of the built form itself. As such, the proposal is to demolish the Chapel. It is not a Listed building and does not fall within the Conservation Area and whilst, it is a typical building of its time, there is not a sufficient argument to insist on retention of the building.

A church is considered a community facility and as such, it is applicable to refer to UDP policy CF2 ‘Keeping Community Facilities’ which states development which would result in the loss of community facilities will be permitted if: a) the loss is unavoidable and equivalent facilities would be provided in the same area, b) the facilities are no longer required, c) where a change of use of a building is involved, equivalent accommodation would be readily available elsewhere. English Partnerships have required that some community meeting space is incorporated as part of the development which would go some way in meeting the requirements of policy CF2. Moreover, as it is already vacant, arguably the facility has already been lost and this development can provide a future use for an otherwise derelict site.

Design and Layout

The proposed building would also be laid out in an ‘L’shape but would be sited differently to the existing chapel with the built form sited towards the Beck Road frontage creating a courtyard area to the rear of the site instead of to the front. This benefits the site by continuing the building line of properties along Beck Road giving some enclosure to the street and enabling the car parking to be screened from the street scene. This also allows the building to form a landmark at the road junction which improves the legibility in the area and helps reinforce the idea of this area as a hub.

The building comprises two-storeys of office accommodation and a semi-detached single-storey pod comprising of meeting and community rooms as well as the main reception linked by a brick ‘garden wall which runs the width of the site separating the public area to the front from the more private rear area. This is considered an appropriate scale for the building positioned between a two-storey dwelling house and a row of bungalows and forms an appropriate street elevation. Amended plans have also been received showing an increase in glazing and coloured panels to this element to distinguish the main entrance from the other elements on the elevation which includes a large aluminium bay box window.

The Masterplan discusses the use of a palette of materials and colours which reflects the garden city principles of the area and uses the words ‘rustic’ and ‘crisp’ to summarise the Shiregreen identity. The materials proposed are brick and cladding with an element of reclaimed clay tile roof and aluminium roof. The materials and palette indicated for this development is in line with the objectives of the Masterplan and should set an appropriate benchmark in the area for modern development whilst also tying it in with the existing surrounding buildings.

190 The high quality design of schemes is stressed in HMR areas and this building has been designed to produce a locally distinctive building of a high quality.

Sustainability

There is a requirement that any development of the site must comply with English Partnerships ‘Quality and Price Standards’ for commercial/non-residential which includes the requirement to achieve a minimum of ‘Very Good’ BREEAM rating.

Chimney like ‘wind catchers’ have been incorporated on the roofs of the building as part of the natural ventilation system of the building and large window openings on the north elevation provides natural day light internally. The layout and orientation of the building has been used to reduce solar gain to the office space creating a pleasant working environment.

Amended plans have also included solar photovoltaic panels on the west facing roof plane to supply electricity. Paved areas within the development are to be permeable to reduce surface rainwater run-off and the inclusion of rainwater harvesting is also being considered.

Effect on residential amenity

The single-storey element has been sited towards the western elevation and forms an appropriate relationship with the bungalows and with a separating distance of 12.5metres between the rear of the bungalows and the side of the building and its relative siting, it is considered that there would be no issues of overbearing or overshadowing caused to the occupiers of these properties. High level glazed windows and a door only have been incorporated onto the west facing elevation to protect privacy levels to the occupiers of the bungalows. Larger windows in the two-storey element are sited 27metres away from the western boundary ensuring these would not cause any overlooking issues,

The new building projects approximately 18metres beyond the rear elevation of the neighbouring dwelling of no.36 Beck Road adjacent to the eastern boundary but is sited 8metres away from the side of the house. The building has been designed to pitch away from this property so the highest point is a further 6metres away reducing the impact of the building.

In addition, this property is due to undergo improvements as part of the Decent Homes programme and plans accompanying the application details the internal layout of this dwelling which has a WC window at ground floor nearest the shared boundary which would be the most affected and the first floor side facing window would be to a bathroom. As such, it is considered that the occupiers of this dwelling would not experience any detrimental impact on their living conditions from the development. Furthermore, it could be argued that the re-siting of this building in contrast to the siting of the existing Chapel building would improve the existing situation by reducing the extent of development along the boundary.

The number of windows on the eastern elevation of the building has been minimised to protect minimum privacy levels for occupiers in the neighbouring

191 property of no.36 Beck Road and obscure glazing has been used in the windows which have been proposed at first floor level which is acceptable.

The properties to the rear on Butterthwaite Crescent have gardens in excess of 40metres in length and as such, there are no privacy issues for the occupiers of these properties as a result of the development.

It is stated that office operating hours will be from 0800 until 2000 Monday – Fridays with potential for community uses in the evening although it will only be open for customers from 0900 until 1700 and that the building will be available for community uses also between 0900 and 1600 on Saturdays which is appropriate. A reasonably flexible condition restricting the hours has been attached to protect local residents from any unnecessary disturbance.

There have been no objections raised from Environmental Protection Service with regard to the proposal but directives have been attached to protect residents during construction.

Highways and access

It is proposed that vehicular access to the site is taken off Sicey Avenue utilising the access also used by the bungalows fronting Sicey Avenue. This is an acceptable arrangement from a highways perspective which would not interfere with the existing access or parking for the bungalows. The width of the access ensures it is only one way traffic adjacent to the dwelling and there is sufficient room for a safe pedestrian route to be provided around the site. The anticipated number of vehicle movements to the site should not cause unreasonable disturbance to the occupiers of the bungalow and there is also a commitment to improve the boundary treatment between the access and this property.

The vehicular access leads to the parking area to the rear of the building which would be secured when the building is not in use and which comprises of a total of 14 parking spaces to serve the office accommodation and which can also be used when the building is to function as a community use. Secure bicycle parking is also indicated adjacent to the eastern boundary of the site and showers have also been provided.

Visitor parking is shown as bay parking on Beck Road including one to mobility standards is also shown although the majority of visitors are thought to arrive on foot as it is a local facility.

It is noted that as the design developed, the front elevation has been positioned so that only a gentle ramp is required achieving almost level pedestrian access from Beck Street avoiding extensive lengths of ramp and improving the legibility of the building. The entrance to the rear is also accessed via a ramp

Beck Road and Sicey Avenue are main through routes in Shiregreen and as such, the site is well serviced by local bus services.

192 Landscaping and Ecology

The application is accompanied by a tree survey and ecological statement which concludes that there is little vegetation or habitats of merit existing on the site which would be affected by the proposal as it mainly comprises of overgrown grasses, bushes and shrubbery with an area of hardstanding. Overhanging trees at the rear of the site may require minor pruning of lower branches.

The brick wall which forms the front elevation of the building separates the front and rear of the outside spaces and it is envisaged that the frontage will be grassed and simply planted with new brick wall boundary treatment. It is recommended that extra heavy standard size tree planting is provided along the Beck Road frontage but further details of the landscaping are required and can be tied by condition.

To the rear, a more private area is to be created including tree planting as well as hard landscaping in the form of walkways and pavements.

SUMMARY AND RECOMMENDATION

Full planning permission is sought for the demolition of the existing vacant Beck Chapel building and for the erection of a one and two storey building to be used as Sanctuary Housing office (Use Class A2 and B1) with shared community meeting rooms (Use Class D1) and associated car parking accommodation and landscaping.

The building is in a derelict state and no future viable use has been found and as such, the demolition of the building is considered acceptable. Its replacement with the Housing office is considered an acceptable use in principle and the building has been designed to reflect the scale and position of the surrounding residential properties whilst successfully integrating a range of sustainability measures and a high quality design which will form an appropriate landmark building in accordance with the aims of the Brightside/Shiregreen Masterplan for this Housing Market Renewal Area and in accordance with UDP policies H10, H14, BE5, BE6, BE7 and GE29.

As such, it is recommended that planning permission be granted conditionally.

193

Case Number 08/00754/CHU

Application Type Planning Application for Change of Use

Proposal Use of part of Cathedral forecourt as outdoor seating area for adjacent restaurant (Amended as per letter and plan received 11/04/2008)

Location Cathedral Church Of St. Peter & St. Paul Church Street Sheffield S1 1HA

Date Received 22/02/2008

Team CITY CENTRE AND EAST

Applicant/Agent APEC Architects

Recommendation Grant Conditionally

Subject to:

1 The development shall 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 external seating areas identified on the approved plan (received 11.04.08) shall only be used between 0800 hours and 1800 hours Monday to Saturday and 1000 hours and 1600 hours on Sundays. The furniture shall be stored away by 1830 hours Monday to Saturday and 1630 hours on Sundays.

In the interests of the amenities of the locality.

3 The seating areas shall not be used unless the means of enclosure are in their approved locations.

In the interests of the amenities of the locality.

4 Before the use is commenced, full details of the moveable means of enclosure shall be submitted to and approved by the Local Planning Authority.

In the interests of the amenities of the locality.

194

5 The external seating area shall be managed in accordance with the regime outlined in the letter dated 5th March 2008 accompanying the planning application. Any changes to the management regime must be submitted to and approved in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

LR5 - Development in Open Space Areas BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

195 Site Location

LOCATION AND PROPOSAL

The application site lies within the forecourt of St Peter and St Paul’s Cathedral, a Grade l Listed Building fronting onto High Street, in the middle of the City Centre Conservation Area. It comprises of land on the eastern edge of the forecourt, adjacent East Parade. The buildings along the length of East Parade are also listed.

Planning permission is sought for use of the site as an outdoor seating area to serve Yorkies restaurant, which occupies No. 3 East Parade. The proposed seating area, as amended, measures approximately 10 metres wide by 7 metres deep (reduced slightly from the submitted scheme in order to pull the seating area away from the listed Cathedral). Level public access to the seating area is gained via the Cathedral forecourt.

196

RELEVANT PLANNING HISTORY

No relevant planning history.

SUMMARY OF REPRESENTATIONS

None received.

PLANNING ASSESSMENT

The application site is located in an Open Space Area, as defined in the Unitary Development Plan (UDP). Policy LR5 of the UDP (Development in Open Space Areas) states that development will not be permitted where it would harm open space which forms the setting for a Listed Building or other historic building or where it would harm the character or appearance of a public space.

Similarly, Policy BE19 (Development Affecting Listed Buildings) requires development within the curtilage of a Listed Building to preserve the character and appearance of the building and its setting. While Policy BE16 (Development in Conservation Areas) expects development in Conservation Areas to preserve or enhance the character or appearance of the area.

It is considered that the temporary nature of the proposed use, which will operate between 8am and 6pm Monday to Saturday and 10am to 4pm on Sundays, will not harm the character or quality of the open space or the wider Conservation Area. Indeed the use will add life and vibrancy to this currently little used but significant public open space area without impacting upon the fabric of the space itself. Moreover, it is considered that sufficient distance has been achieved between the seating area, which is partly enclosed by existing trees, and the Cathedral for the development not to harm the setting of the Grade l Listed Building.

The design of the proposed breeze screens accords generally with the design standards produced by the Local Planning Authority, and only the panels either side of the entrance to the seating area will display the Yorkies’ logo. The proposed breeze screens incorporate black background panels with gold logos to tie in with the colour scheme of street furniture outside the cathedral. Any umbrellas will also be covered in a plain black material.

The proposed outdoor seating area is considered to fully accord with the aims of the Cathedral Quarter Action Plan, which seeks to improve the areas public open spaces and offer of quality food and drink venues. The proposals raise no highway concerns and there are no residential properties in the immediate vicinity of the application site that could be affected by the development.

RECOMMENDATION

It is therefore recommended that Members grant consent for the use of the site as an outdoor seating area, subject to the proposed conditions.

197

Case Number 08/00769/CHU

Application Type Planning Application for Change of Use

Proposal Use of pavement as outdoor seating area

Location 8-10 Cambridge Street Sheffield S1 4HP

Date Received 21/02/2008

Team CITY CENTRE AND EAST

Applicant/Agent JWPC Limited

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the use of the pavement as an outdoor seating area would, by reason of its restricted width, be detrimental to the safety of pedestrians and, as such, contrary to Unitary Development Plan Policy S10.

198 Site Location

LOCATION AND PROPOSAL

The application relates to the pavement area directly in front of the Ask Restaurant located on Cambridge Street. There is no forecourt area to the premises and the site relates to an area of public footpath.

The site is located towards the edge of the Barkers Pool area of public realm. The adjacent properties are public houses with facilities for serving food, whilst facing the site is the John Lewis store (Use Class A1). The subject site is within an area which is designated as a Central Shopping Area and a High Amenity Zone within the adopted Unitary Development Plan. The site is also located within the City Centre Conservation Area.

199 The application proposes the use of the pavement outside the Ask restaurant as an outdoor seating area for two tables and four chairs.

RELEVANT PLANNING HISTORY

98/01833/FUL Use of ground floor of units as a restaurant and upper floor as a fitness club. GC 12/04/1999 99/00334/ADV Illuminated three sided sign GRA 15/12/1999 99/01191/FUL Erection of shop front as per plans received 20/10/99 and 9/11/99. GC 16/12/1999 07/03891/ADV One illuminated projecting sign and two illuminated menu signs. GRA 19/11/2007

SUMMARY OF REPRESENTATIONS

There have been no letters of neighbour representation regarding this application.

PLANNING ASSESSMENT

Policy Issues

Policy S3 “Development in the Central Shopping Area” states that along with shops (A1), offices used by the public (A2) and Housing (C3), Food and Drink uses (A3 and A4) are preferred uses. The use is ancillary to the existing use of the unit as A3 and is therefore considered to be acceptable in principle.

Policy S10 “Conditions on Development in Shopping Areas” states that new development or change of use will only be permitted where it would not prejudice the dominance of preferred uses, be well designed, comply with policies for the Built environment as appropriate, provide safe access to the highway network and not endanger pedestrians.

Policy BE16 “Development in Conservation Areas” states that permission will only be given for proposals which will preserve or enhance the character or appearance of the Conservation Area.

The Sheffield City Council’s code of practice for the operation of Pavement Cafes in Sheffield is also relevant to the assessment of the proposal and sets out guidelines for minimum pavement widths, and enclosures.

Assessment

The proposed area of seating will be located adjacent to the main entrance to the restaurant in front of the glazed, sliding units which make up the frontage of the restaurant.

Sheffield City Council’s code of practice for the operation of pavement cafes requires that a form of enclosure is used to demarcate, contain the area and give a clear warning to those with a visual impairment. The proposal as submitted does not show any such enclosure. However, in this instance it was not considered

200 appropriate to request amended plans showing this means of enclosure, as the pavement is not of sufficient width to accommodate both the seating and the enclosure.

The width of the footpath with only the proposed seating, would barely meet the required 2m width required and the screening would further diminish this width. The subject site is located on a busy pedestrian thoroughfare and given the limited width of the pavement, the creation of an obstacle in the footpath would potentially endanger pedestrians. This would be contrary to the aims of Policy S10 “Conditions on Development in Shopping Areas” of the adopted Unitary Development Plan.

In terms of the visual impact of the proposal, the scheme is considered to be acceptable and will not detract from the subject unit, the City Centre Conservation Area or the wider street scene of Barkers Pool and is therefore satisfactory in this respect against Policies S10 and BE16.

There is also concern that the proposed use of the seating could cause disamenity to the surrounding residential properties. However, if the proposal was to be considered appropriate in principle, then a condition could be applied requiring that the use of the pavement seating ceases at 19:00 hours to limit the disamenity caused.

It is also noted that the proposed area will shortly be affected by the development of the New Retail Quarter, being included within the development boundaries.

SUMMARY AND RECOMMENDATION

The proposed use of the pavement as an outdoor seating area is considered to be unacceptable as it will result in a footpath of restricted width which would potentially endanger pedestrians and would be contrary to the aims of Policy S10 of the adopted Unitary Development Plan. A recommendation is therefore made for refusal.

201

Case Number 08/00883/FUL

Application Type A Full Planning Application

Proposal Application to alter the hours of use of the hot food takeaway to between 1100 hours and 0500 hours the following day 7 days a week (Application under section 73 to vary condition No. 5 imposed by 99/0968P)

Location 60-62 Wicker Sheffield S3 8JD

Date Received 26/02/2008

Team CITY CENTRE AND EAST

Applicant/Agent Mr Imran Rafique

Recommendation Grant Conditionally

Subject to:

1 The development shall 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 access and facilities for disabled persons, as shown on the plans, shall have been submitted to and approved by the Local Planning Authority and the building shall not be used unless such access and facilities have been provided to the satisfaction of the Local Planning Authority and thereafter such access and facilities shall be retained.

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

3 The building shall not be used for the above-mentioned purpose unless the apparatus for the arrestment and discharge of fumes has been installed as shown on the plans to the satisfaction of the Local Planning Authority. After installation such equipment shall be retained and operated for the purpose for which it was installed.

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

202 4 The building shall not be used for the above mentioned purpose unless a suitable receptacle for the disposal of litter has been provided in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

5 For a period of twelve months from the date of this permission the ground floor of the building shall be used as a hot food take-away between 1100 hours and 0500 hours the following day, on any day. Thereafter the hours of opening shall be restricted to between 0900 hours and 0100 hours the following day unless otherwise authorised in writing by the Local Planning Authority.

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

6 No consent is implied to the rear extension shown on the plan.

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

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

1. The applicant is advised that condition No(s) 1-4 and 6 were imposed by planning permission No. 99/0968P 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.

203 Site Location

LOCATION AND PROPOSAL

The application site lies within a Local Shopping Centre, as defined in the Unitary Development Plan. The site relates to 2 units, which are at the end of a parade of shops, within a three-storey block, at the junction of the Wicker and Willey Street. The ground floor is currently in use as a fast food restaurant with takeaway facility – Imran’s, Southern Fried Chicken. To the rear is a yard, which is used for servicing and bin storage.

Immediately adjacent, to the north, are 3 further units; No. 64, ‘Manu Salwa’ restaurant, and Nos. 66 and 68 which, appear to be vacant at ground floor, but in residential use above. To the south is another ground floor restaurant with takeaway facility (Abdul’s Kebabish) and the Sadacca Centre (a Community facility). Beyond the site, to the east, is an area of vacant land, which is currently being

204 used for car parking, which is adjacent to a new residential scheme currently being constructed towards the south-east. Opposite the site, to the west, is a parade of shop units, with some residential use above.

Planning permission is sought to extend the hours of opening to between 1100 hours and 0500 hours the following day, 7 days a week.

RELEVANT PLANNING HISTORY

07/00631/FUL – Alterations to part of building to form two self-contained flats and two shared living accommodation – Refused – 29th November 2007.

06/04602/FUL – Erection of a rear store and bin store – Granted Conditionally – 5th April 2007.

06/00490/FUL – Erection of a detached external toilet – Granted Conditionally – 29th March 2006.

99/01509/FUL – Use of shop as restaurant and for the sale of take-away hot food (as amended 17.11.1999) – Granted Conditionally – 29th November 1999.

SUMMARY OF REPRESENTATIONS

One letter stating no objection has been received, but does question the litter problem along the Wicker. Suggests that any planning permission be subject to litter picking and additional bins provided and return of street cleaning machines. This is a wider issue which cannot simply be addressed through this particular application.

PLANNING ASSESSMENT

Policy

The application site lies within the Central Shopping Area, as defined in the Unitary Development Plan and as such Policies S7 and S10 would apply.

Policy S7 identifies Shops (Class A1) as the preferred use but does permit other uses, such as Food and drink outlets (Class A3 – restaurants and cafes and Class A5 – hot food takeaways). The use of the premises as a hot food takeaway is already established, given that it has been in operation for a number of years and does also benefit from a planning permission (ref no. 99/0968P). The proposal involves the variance of a condition of the original planning permission, to extend the hours of opening, thereby there is no material change in the use of the premises, and the proposal is acceptable in terms of Policy S7.

Policy S10 states that a proposal would be acceptable subject to it not leading to a concentration of uses, which would prejudice the dominance of the preferred uses in the Area. The Policy also states that residents or visitors in a hotel, or residential property should not suffer from unacceptable living conditions, including air pollution, noise, other nuisance or health or safety; be adequately served by

205 transport facilities, provide safe access to the highway and appropriate off-street parking and not endanger pedestrians.

Effect on Residential Amenities

The original planning permission (ref no. 99/0968P) imposes a condition stating that the building shall not be used between 0100 hours and 0900 hours on any day. The proposal involves an extension of opening hours from 11am through to 5am, 7 days a week. This would inevitably lead to further noise and activity taking place later into the morning. However, upper floors of the said property are not in residential use and it is considered that residents above shop units opposite the site, to the west, are sufficiently distanced away as are the future residents of the new residential development currently under construction, located to the southeast. The nearest residents, who may be affected by the proposal, would be those occupying upper floors of Nos. 66 and 68 Wicker. It is not considered that such residents would be unduly affected, given that they would not be immediately adjacent to the site and occupy upper floors. It should also be noted that these residents are already subjected to some noise by virtue of the location, fronting onto a main arterial road where there is substantial traffic noise, and within a Shopping Area, where it is expected for some level of noise and activity, both during the day and evening.

The Environmental Protection Service have no objections to the proposal but have recommended that, given the position of the nearest residents (upper floors of Nos. 66 and 68 Wicker), a condition be imposed, restricting the consent to a period of 12 months. It should also be born in mind that apparently the extended hours have been in operation for some time and the Environmental Protection Service have received no complaints. A similar establishment, located to the south, has also recently been granted consent for extended opening hours.

There are a number of other establishments, of similar uses, within the immediate vicinity, and given that the character of the area is predominantly commercial, an extension of the opening hours is unlikely to cause a significant increase in noise and general disturbance, such that it would have a detrimental impact on occupiers of surrounding residential properties.

Highway Issues

The site is located within the Wicker Shopping Area, where it is well served by public transport, hence the proposal does not raise any implications in terms of highway issues.

SUMMARY AND RECOMMENDATION

The site is located within a Local Shopping Centre and the existing use as a hot food take-away (Class A5) is well established, thus complies with UDP Policy S7.

It is acknowledged that there are existing residents occupying upper floors of neighbouring properties (in particular, Nos. 66 and 68 Wicker), but it is not considered that the proposed extension of opening hours would have a detrimental

206 impact and residents would be adversely affected. The residents are sufficiently distanced away and are currently subjected to some degree of noise and activity by virtue of their location within a busy commercial frontage, within a Local Shopping Centre.

Subject to the imposition of a condition, restricting the permission to 12 months, to safeguard existing residents, the proposed development is considered acceptable, such that Policy S10 would be complied with. The application, to extend the opening hours from 1100 hours to 0500 hours the following day, 7 days a week, is therefore recommended for temporary approval.

207

Case Number 08/00923/OUT

Application Type Outline Planning Application

Proposal Erection of bungalow (Re-submission of 07/04184/OUT)

Location Land At Rear Of 59-67 Hall Road Handsworth Sheffield

Date Received 03/03/2008

Team CITY CENTRE AND EAST

Applicant/Agent Rofos Design And Technical

Recommendation Grant Conditionally

Subject to:

1 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.

2 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.

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

3 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 (a) access, (b) appearance, (c) landscaping, (d) layout and (e) scale (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.

208 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 The bungalow herby permitted shall be single storey only with no ancillary and/or residential accommodation provided in the roof space and or dormer/velux windows.

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

6 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 bungalow 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.

7 The bungalow shall not be used unless turning space for vehicles has been provided within the site in accordance with details to be submitted to and approved in writing by the Local Planning Authority and thereafter such turning space shall be retained.

In the interests of the safety of road users.

8 Prior to the commencement of development details of existing and proposed site levels shall be submitted to and approved in writing by the Local Planning Authority and thereafter the development shall be provided in accordance with the approved levels unless otherwise agreed in writing with the Local Planning Authority.

In the interests of the amenities of the locality.

9 Before work on site is commenced, details of a suitable means of site enclosure (minimum height 2 metres) shall be submitted to and approved in writing by the Local Planning Authority and the bungalow 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.

10 Trees T2, T3, T11, T18, T20, T21, T22, T23, T24, T26 and T27 as illustrated on the indicative site layout plan received 3rd March 2008 shall be retained.

209 Before any work on site is commenced, measures to protect the existing trees to be retained 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 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.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

1. 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.

2. 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.

3. When preparing detailed proposals for the development of this site, the developer is advised that the Council will encourage the provision of easily accessible housing, capable of adaptation to meet the needs of various

210 people with mobility impairments. Known as "mobility housing", further details are available together with guidance notes from the Access Officer on (0114) 2734197 or from Planning Enquiries on (0114) 2734215.

4. 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 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 of delivery purposes.

5. 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.

211 Site Location

LOCATION AND PROPOSAL

The application relates to a plot of land located to the rear of 59-67 Hall Road, Handsworth. The land occupies an area of approximately 450 square metres inclusive of the access drive and is currently populated by a range of shrubs and trees of varying levels of quality and maturity.

The land is set behind the properties on Hall Road and is proposed to be accessed along the side of No.59. The properties on Hall Road consist mainly of terraced dwellings located in a housing area and area of special character as defined in the adopted Sheffield Unitary Development Plan.

212 Outline planning permission is sought for the construction of a bungalow, the all matters reserved for subsequent approval including layout, scale, appearance, access and landscaping

RELEVANT PLANNING HISTORY

07/04184/OUT – Erection of a dwellinghouse – refused.

SUMMARY OF REPRESENTATIONS

7 letters of representation have been received the issues are summarised as follows:

− Loss of trees and shrubbery that has existed on the site for many years − Land is populated by a wide array of local wildlife including birds, foxes, bats and squirrels − Loss of privacy despite revisions to design − Cannot predict that occupiers will be less car dependant − Other housing developments in area − Noise and disturbance from the access − Access not suitable for construction vehicles − Unable to sell property during construction works − Noise pollution from construction works − Sewer located under access road − Safety issues with use of access by pedestrians − Development should not be permitted on greenfield sites − Loss of trees which provide screening and privacy to adjoining properties − Loss of outlook, view and amenity − Question accuracy and scale of submitted plans − Question safety of cars manoeuvring in the development − Removal of trees and wildlife will have an adverse effect on the area − Removal of parking space to rear of 59 would add to on street parking pressures in the area − Contribute to noise and vehicular disturbance

PLANNING ASSESSMENT

Policy

Policy H10 “Development in Housing Areas” states that housing (C3) is the preferred use and so the principle of the development subject to other policy considerations is acceptable.

Policy H14 “Conditions on Development in Housing Areas” states that in housing areas new development will be allowed provided that it is well designed and in scale and keeping with neighbouring buildings, the site would not be overdeveloped or deprive residents of light, privacy or security and would provide safe access to the highway.

213 The application must also be assessed against Planning Policy Statement 3 (PPS3), which advises that Brownfield land should be developed before Greenfield land. Maps dating back to 1953 indicate that there was no development on the application site and so it is considered to be Greenfield under the definition given in Annex B of PPS3.

PPS3 states that Brownfield land should be developed prior to Greenfield land unless it can be shown to be in a sustainable location. In this case the Greenfield Land is located in the middle of an established residential area which is close to public transport and local amenities. It is therefore considered that the site is in a sustainable location and therefore the redevelopment of this land for housing purposes is in principle considered acceptable.

Design, Scale and Siting

The proposed bungalow will be sited on an area of land to the rear of terraced properties No. 59 – 67 Hall Road. The application site is approximately 23 metres wide by 16 metres deep and located between properties on Hall Road, Handsworth Road and Fitzalan Road.

The applicant is seeking outline permission with all matters reserved for subsequent approval. In order to overcome the previous reason for refusal the applicant has revised the indicative drawings to illustrate a single storey bungalow only rather than a dormer bungalow with a substantially lower roof height than the previous proposal. The orientation of the property has been amended in order to address concerns regarding overlooking of adjoining properties and to provide adequate privacy for future residents. The indicative drawings illustrate a 2 bed bungalow orientated towards the south east of the site.

The site is enclosed by boundary treatments of varying height and appearance including a 2 metre high brick wall which defines the boundary to the rear of 59 -67 Hall Road. Given the single storey nature of the development a 2 metre high boundary treatment around the perimeter of the site will prevent any overlooking of adjoining properties. The ground level of the application site is lower than the adjoining properties which will also further negate any overlooking impact.

The bungalow is orientated to face south east, with the main living and bedroom spaces overlooking the proposed garden area. This affords an acceptable outlook from and natural lighting to the proposed property. In excess of 100 sq metres of amenity spaces is provided within the site which is considered appropriate given the size of the bungalow and the character of the area.

From the indicative drawings the siting would result in a distance of 20.5 metres between the proposed development and No.3 Fitzalan Road and 10 metres from the rear of properties on Hall Road. As the dwelling is single storey only this distance is considered acceptable and would not result in any detrimental overlooking of the proposed property. Additionally the effect of the development on properties on Handsworth Road is considered to be minimal; any potential impact could be overcome by landscaping along the boundary.

214 The re-orientation of the property presents the building’s roofscape to the dwellings on Hall Road, which negates overlooking of the site and provides adequate privacy for the proposed amenity space.

From the indicative drawings and an assessment of the site it is considered a moderate single storey property such as that illustrated in the indicative drawings could be accommodated, without detriment to the amenities of future residents and adjoining properties.

Access

Access to the property would be gained via an access road to the side of No. 59 Hall Road. A driveway already exists in this position; however it leads only to a single parking space for the occupiers of No.59 Hall Road. The erection of the proposed bungalow would lead to an intensification of the use of this access, however it is considered that given the size of dwelling and the limited vehicle movements associated with its use, it would not lead to any significant noise and disturbance that would be detrimental to the amenities of adjoining properties to warrant the refusal of planning permission. A new brick wall is also proposed adjacent to No. 59 Hall Road which would screen the existing garden area from the access. The indicative layout illustrates that a suitable turning area can be provided on site to enable vehicles to access and exit the site in a forward gear.

Landscaping

Development of the land would involve the removal of the majority of trees and vegetation on the site, these appear to be self set and comprise a range of species including Elderberry bushes, Sycamores, Common Hawthorne, a Silver Birch tree and wild Cherry trees. Most of the trees appear to be between 20-40 years old and are not considered to be of significant quality or public amenity value to warrant a tree preservation order. The trees are not visible within the street scene and so do not add significantly to the character of the area. Although the trees do provide an attractive outlook to nearby residents and offer a habitat to local wildlife, on balance a reason for refusal based on the loss of trees could not be justified. The indicative layout illustrates that a number of the more mature trees on site can be retained as part of the proposed scheme. The retention and protection of these trees can be secured by planning condition.

The site is immediately adjacent to an Area of Special Character which applies to the properties on Handsworth Road. The site is not visible from Handsworth Road and so it is not considered that the removal of trees would have a severely detrimental impact upon this area.

RESPONSE TO REPRESENTATIONS

Construction works and associated hours of work are controlled under separate legislation. All other issues are covered in the main body of the report.

215 SUMMARY AND RECOMMENDATION

The proposed application seeks outline permission with all matters reserved for subsequent approval, for the construction of a bungalow on the land to the rear of 59-67 Hall Road. The application site is in an allocated Housing Area and although not considered previously developed, the site is small in scale and considered to be in a sustainable location close to major bus routes and local shopping facilities. Therefore the principle of housing development is considered acceptable.

The applicant has submitted an indicative layout which illustrates that a single storey dwelling could be accommodated on site without prejudice to the amenities of the adjoining properties. In excess of 100 sq metres of amenity space is provided on site which will ensure adequate living conditions for future residents.

A number of trees are to be removed in order to accommodate the development. The existing trees are not of any overriding quality, are not prominent from any public vantage points and therefore are not considered worthy of a tree preservation order. The indicative layout illustrates that a number of trees are to be retained as part of the scheme, which will be secured by condition and provides some welcome established landscaping to the development.

Access to the site is gained via a shared driveway along side No. 59 Hall Road which also provides access to the remaining 4 terraced properties. The development will lead to an intensification of use of this access road. However, vehicle movements associated with a single dwelling are considered to be minimal and are therefore not considered to detrimentally affect the amenities of adjoining properties by way of noise and disturbance. A new 2 metre high wall will screen the access road from the rear garden areas of 50 to 67 Hall Road which will minimise any noise. On site turning space will be secured by condition.

The development is therefore considered to accord with adopted National and Unitary Development Plan policies and it is recommended that planning permission is granted conditionally.

216

Case Number 08/00959/FUL

Application Type A Full Planning Application

Proposal Change of use of existing two storey building from Mosque to 4 self contained flats and a retail unit (Use Class A1)

Location 27 Rothay Road Sheffield S4 8BD

Date Received 02/03/2008

Team CITY CENTRE AND EAST

Applicant/Agent Mr Jamal Mahmud

Recommendation Grant Conditionally

Subject to:

1 The development shall 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 occupation of the development the existing signage on the building shall be removed and the brick work reinstated/made good unless otherwise agreed in writing with the Local Planning Authority.

In the interests of the amenities of the locality.

3 Before the development is commenced details of all proposed external materials and finishes, including windows and bin storage doors, 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.

4 Prior to the occupation of the development the existing ramped disabled access shall be amended to provide an edge up stand, unless otherwise agreed in writing with the Local Planning Authority.

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

217 5 The window to unit 3 as shown of the approved plans on the rear elevation of the building facing west shall be glazed with obscure glass to a minimum privacy standard of Level 4 Obscurity and shall not 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.

6 The use of the retail unit shall be in accordance with Class A1 of the Town and Country Planning (Use Classes) Order, 1987 which is set out below:

Class A1 shops:

Use for all or any of the following purposes - (a) for the retail sale of goods other than hot food, (b) as a post office, (c) for the sale of tickets or as a travel agency, (d) for the sale of sandwiches or other cold food for consumption off the premises, (e) for hairdressing, (f) for the direction of funerals, (g) for the display of goods for sale, (h) for the hiring out of domestic or personal goods or articles, (i) for the reception of goods to be washed, cleaned or repaired, where the sale, display or service is to visiting members of the public.

(Please note:- car sales and launderettes are not allowed under this Class).

In order to protect the vitality and viability of the existing local shopping centres.

7 The retail unit shall be used for the above-mentioned purpose only between 0800 hours and 2100 hours on any day.

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

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas

This informative is intended as a summary of the reasons for grant of planning permission.

218 Attention is drawn to the following directives:

Site Location

219 LOCATION AND PROPOSAL

The building is situated on the north side of Rothay Road at its junction with Hawkshead Road. It is a two-storey building previously known as the Goodwill Community Centre, and used intermittently over the last 4 years as a prayer room and mosque. The building’s primary frontage is onto Rothay Road and forms part of a terrace of properties between Hawkshead Road and Birdwell Road. Adjoining the application site is a terraced dwelling house, with a separate mosque located on the corner of Rothay Road and Birdwell Road, which completes the terrace. The area surrounding the site is dominated by high-density, terraced residential property.

RELEVANT PLANNING HISTORY

00/01306/FUL - Continuation of use of building as community centre – Granted Conditionally.

77/02329/FUL - Use of ground floor of premises for sales, service and storage of refrigeration equipment – Granted Conditionally.

78/00080/FUL - Use of premises for office and storage – Refused.

78/02449/FUL - Alterations to front elevation, internal alterations and use as a staff training centre and a co-op guild. – Granted Conditionally.

90/01154/FUL - Use of staff training centre as offices – Granted Conditionally.

00/01306/FUL - Continuation of use of building as community centre – Granted Conditionally.

05/00620/CHU -Continuation of use of part of building as a mosque (application under Section 73 to vary time limit of use imposed by Planning Inspectorate decision on planning permission 03/01738/FUL) – Refused with enforcement action.

07/04823/FUL - Use of Mosque as 7 self-contained flats with retail unit at ground floor – Withdrawn.

The enforcement notice required the use to cease on the 1st June 2007. The applicants subsequently appealed against the enforcement notice and the appeal was subsequently dismissed and the enforcement notice up held. The use of the building as a mosque has now ceased.

SUMMARY OF REPRESENTATIONS

No letters of representation have been received

220 PLANNING ASSESSMENT

Policy H10 (Development in Housing Areas) sets out preferred, acceptable and unacceptable uses within the policy area of which C3 Housing uses are preferred. Small retail shops class A1 are also considered acceptable subject to the provisions of Policy H14

Policy H14 Conditions on Development in Housing Areas which states that for housing uses

− New buildings should be well designed and of a scale and nature appropriate to the site.

− Sites should not be over developed or deprive residents of light, privacy or security or cause serious loss of existing garden space which would harm the character of the neighbourhood.

− It would provide safe access to the highway and appropriate off street parking and not endanger highway safety.

Non (C3) housing uses should also:

− Occupy only a small area and not lead to a concentration of non-housing uses which would threaten the residential character of the Housing Area; and − not prejudice the provision of sufficient housing land for either the next five years or up to 2001; and − not lead to air pollution, noise, smell, excessive traffic levels or other nuisance, or risk to health and safety for people living nearby; and − be on a scale consistent with the residential character of the Area or meet primarily local needs or (in the case of uses other than shops) occupy an existing building set in its own grounds; and − Comply with Policies H10 to H13, as appropriate.

Design/Amenity Issues.

The existing building is a brick built Victorian structure. The property has been altered over a number of years, original openings have been in filled, the shop front has been substantially altered at ground level and a large sign has been erected between the ground and first floor.

The applicant seeks to use the existing window openings where possible in order to provide natural lighting and suitable outlook for each flat. The existing windows located on the rear elevation at first floor level (unit 3) will be fixed obscure glazed windows in order to negate overlooking of the rear garden areas of adjoining properties. Adequate natural lighting, outlook and ventilation will still be afforded to the unit from a window which faces onto Hawkshead Road.

The existing corrugated metal panel sign will be removed from the Rothay Road and Hawkshead Road frontages which will significantly improve the appearance of

221 the property. A new shop front is to be installed at ground floor level the design of which is considered acceptable.

The proposed shop is accessed from Rothay Road and has a floor area of approximately 87 square metres. The provision of a small retail shop is considered acceptable in this location as it will primarily serve local convenience shopping needs and therefore will not detract from the viability of existing local shopping centres. Control over the use of the shop and hours of opening will be secured by planning condition to ensure the development does not detrimentally affect the amenities of adjoining properties.

Bin storage for the shop and residential unit has been integrated into the building preventing the external storage of waste.

The site is completely covered with built form and there is no reasonable or viable area on site where amenity space could be provided. However the site is located in close proximity (approximately 130 metres) of a play area and allocated open space on Wincobank Lane which would provide amenity for future residents.

Mobility Housing.

One mobility unit has been provided at ground floor accessed by the existing ramped access into the building.

Highways Issues

The site has been used previously as a prayer room and mosque which attracted significant volumes of traffic and congestion on the highways adjoining the site. Due to the nature of the existing building it is not possible to provide any off street parking; however the scheme has been reduced from 7 flats, as proposed under the previous application to 4 one bedroom flats. Residents with a car will be required to park on street, however given the limited size of the development the scheme is not considered to generate or attract significant volumes of traffic that would be detrimental to highway safety or the amenities of adjoining properties.

The site is also located in close proximity to high frequency bus routes on Holywell Road and Upwell Street providing links to the City Centre, Firth Park and Meadowhall. Which offers a viable alternative to the ownership of a car. The development is therefore considered acceptable from a highways perspective.

SUMMARY AND RECOMMENDATION

This application seeks permission to convert the existing building into four flats and a ground floor retail shop. The property was previously used as a mosque and prayer room without planning permission, which was the source of significant traffic volumes, noise and disturbance for local residents in the immediate vicinity of the site.

222 The proposed alterations to the external elevations of the building are acceptable and subject the imposition of conditions the development is not considered to detrimentally affect the amenities of adjoining properties.

The development is considered to attract significantly less volumes of traffic than the previous use and whilst residents who own a private car would be forced to park on the adjoining highways, given the limited nature of the development, the traffic associated with the development is not considered to be detrimental to highway safety.

For the above reasons it is recommended that planning permission is granted conditionally.

223

Case Number 08/01186/FUL

Application Type A Full Planning Application

Proposal Alterations to ground floor of building to form tearooms

Location 12 Norfolk Row Sheffield S1 2PA

Date Received 14/03/2008

Team CITY CENTRE AND EAST

Applicant/Agent Birkett Cole Lowe

Recommendation To Report

Subject to:

224 Site Location

LOCATION AND PROPOSAL

The proposal relates to a three-storey Georgian building that fronts onto Norfolk Row, a busy and attractive cobbled thoroughfare between Tudor Square and Fargate located within Sheffield’s Central Shopping Area.

The subject property is a Grade II Listed Building and is located in a sensitive part of the city centre. The subject property is constructed in brickwork, the windows and doors have painted ashlar surroundings and there is a stone stringcourse at ground floor level and the windows have painted stone cills and heads.

There is an existing single-storey element to the rear of the property built up to the boundary with Pepper Alley. The rear of the building looks onto private churchyard

225 to the Unitarian Chapel. The boundary wall to Pepper Alley has been removed as part of the Carmel House Development.

The application site lies within the Retail Core of the Central Shopping Area, as designated in the Sheffield’s adopted Unitary Development Plan. The site also lies within a sensitive part of the City Centre Conservation Area.

The application seeks permission to change the use of the existing ground floor of the premises into tearooms (Class A3). The building has been used for offices on all three floors for many years. The existing ground floor accommodation includes a reception area and two meeting rooms/exhibition rooms and was last approved as a Class B1/ Class A2 mixture. The first-floor and second floor accommodation would not be altered and comprises offices, a store and two single toilets. The stairs opposite the main front entrance continue up to the offices at first and second floor level.

RELEVANT PLANNING HISTORY

An application for an illuminated fascia sign, illuminated double-sided sign and non-illuminated name sign is Invalid. Ref: 07/03430/ADV.

Permission was granted for the use of the second floor as health and beauty consultancy on 14.06.2006. Planning application number 06/00934/FUL and listed building application 06/01265/LBC.

Permission was granted subject to conditions for alterations and extensions to form offices with exhibition space and refreshment area (as amended 21.7.04) on 23.08.2004. Planning application number 04/02644/FUL and Listed building consent 04/02673/LBC.

Permission was granted, subject to conditions for alterations to ground floor of No. 12 and 14 and erection of shop front to No 14 on 02.09.1992. Planning application number 92/01016/LBC.

Permission for a new shop front was granted on 8.12.1976. Planning application number 76/03716/FUL.

SUMMARY OF REPRESENTATIONS

There has been one representation received in connection with the application. An occupier of a food and drink establishment located further up Norfolk Row objects to the principle of the proposal on grounds that the proposed tearooms would adversely affect the objector’s own business as it is a similar type of establishment. This is not a planning consideration.

226 PLANNING ASSESSMENT

Policy Issues

The application site is located within the Retail Core of the Central Shopping Area. The proposal only affects the existing use of the ground floor of the premises.

Policy S2: ‘Development of Frontages in the City Centre’s Retail Core’ of the development plan states that on ground floor frontages within the Retail Core of the Central Shopping Area, new retail and complementary uses which add to the vitality and viability of the Central Shopping Area will be encouraged. Under Policy S2 Food and drink outlet (Class A3) is a preferred use in this area. In addition, food and drink outlets can have unacceptable harmful effects on the locality and amenities of neighbouring premises and new development or changes of use in Shopping Areas must comply with Policy S10 of the development plan. Policy S10 relates to ‘Conditions on Development in Shopping Areas’. Part a) of S10 states that changes of use will be permitted provided that it would not lead to a concentration of uses which would prejudice the dominance of the preferred uses in the Area. Part b) states that proposal should not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions, including air pollution, noise, other nuisances or risk to health or safety. Part e) states that change of uses must comply with Policies for the Built Environment as appropriate.

The application site lies within the City Centre Conservation Area. As such a principle issue to consider is the impact of the change of use on the character and appearance of the Conservation Area. Policy BE16 of the development plan relates to development in Conservation Areas and advises that permission will only be granted for development that would preserve or enhance the character and appearance of the Conservation Area.

Policy BE15 confirms that development that would harm the character or appearance of Listed Building and a Conservation Area will not be permitted. Additionally, Policy BE17 advises that a high standard of design using traditional materials and a sensitive and flexible approach to alterations and extensions to Listed Buildings and those within Conservation Areas will be expected.

Proposed type of food and drink outlet (Use Class A3)

The applicant originally applied for permission to change the use of the building into tearooms, which falls within Use Class A3. A letter has since been received from the applicant’s agents on 11th April 2008 confirming that the application is for the change of use of the building for A3 uses in general. In view of the sensitive

227 nature of Norfolk Row it is likely that conditions will be imposed restricting the character of the use of the building to that originally described by the applicant and as stated on the application form. The agent has been informed of this via an email sent on 15th April 2008. This is largely because a restaurant use would require substantial fume extraction equipment which may not be acceptable on this Listed Building.

The applicant has been requested to submit a sample menu and written details of the proposed cooking equipment in order to establish the type of A3 use proposed. At this stage concern is raised over a restaurant type establishment given the location of the premises and the building’s status as a Listed Building. It is likely that the premises will be restricted to a café/tearoom establishment. Members will be updated with the further information at the Area Board.

Proposed hours of use

The proposed hours of use would be for a daytime food and drink establishment. The applicant has requested that the tearoom be opened between 07.00 and 18.00 hours Monday to Friday and between 08.00 and 18.00 Saturdays, Sundays and Bank Holidays.

A day time use is considered acceptable in this part of the city and would not impact on the existing offices, small business and retail outlets within neighbouring buildings.

Given that the application site is located in close proximity to the city’s theatres, it is considered that it would be acceptable for the opening hours to be extended until 19:30 hours in order to cater for the needs of theatre goers.

The hours of use will be controlled by conditions.

Design and internal alterations

The application proposes a change of use. The applicant had a pre-application meeting with an officer from the Conservation team prior to submitting the full planning application. The only external alterations to the property fronting onto Norfolk Row relate to the front door and the access into the building. It was originally proposed to replace the existing period front door that was provided in 2005 with a new glazed timber door. However, this was considered to be inappropriate and the agent has been requested to retain the period door. In order to satisfy disabled access requirements it has been requested that the top 4 panels are glazed to provide a reasonable amount of visibility from one side of the door to the other.

It is proposed to make a number of minor alterations to the ground floor of the Listed Building in order to convert the premises into tearooms. It is proposed to open out the main entrance into the reception area. The existing doorframe and the wall that separates the main entrance door from the reception room is to be carefully cut back in line with the outside wall. There are no objections to this proposed alteration.

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Within the front reception room, a new panel timber door with fan light is to be provided in the opening that leads to the stairs. The door will offer privacy between the ground floor and the offices located at first and second floors.

The existing opening, which leads into the large meeting room and exhibition space beyond, is to have the plaster carefully removed. The landlord had advised that the width of the original opening was reduced in 2005 and if this is the case it is the applicant’s intention to reform the original opening. There is no objection to this alteration.

At present, to the rear of the premises there are two openings that link to the neighbouring building, No. 14 Norfolk Row. The neighbouring building is occupied by the Tourist Information Board. The link to No. 14 would no longer be required and therefore it is proposed that windows will be carefully removed and the two openings blocked up. The walls would be finished in plaster board with dado panels and skirting to match the existing. There is no objection to this alteration.

At the rear of the premises it is proposed to convert the smaller meeting/board room to form a kitchen area. The existing window opening to No. 14 would be blocked off in the same way as the blocking off of the opening in the larger meeting room. It is proposed to introduce a non-slip floor with covered up stand to be provided on top of the existing timber floor.

It is proposed to form a small opening through the roof of the kitchen to accommodate the flue for the extract vent. The proposed extract vent shown on the plans, at this stage of is considered acceptable. However this may change subject to further information received on the type of A3 use proposed and food to be prepared. It is noted that the impact of this additional information will have to be fully assessed and if any further alterations are needed the impact on the Listed Building will have to be further assessed.

The main area of concern lies around the proposal to remove the plaster from the chimney breasts in the reception area and the meeting room and expose the brickwork. As part of the image of traditional tearooms the applicant intends to expose the brickwork. However, at this stage this work is not supported by officers and the applicant and has been requested to omit this element from the proposed schedule of alterations. Officers are still in discussion with the agent and it is intended to amend the plans accordingly when this issue has been fully resolved. Members will be updated of the final schedule of alterations at the Area Board meeting.

On balance, it is considered that the majority of the minor alterations would not harm the Listed Building and are considered appropriate for the conversion to tearooms. Concern has however been raised over the removal of the plaster from the chimney breast and exposing of brickwork in the existing reception area and meeting room. The applicant’s agent has been advised to omit these alterations from the proposed schedule. Subject to minor amendments the proposed internal alterations are considered acceptable and will be controlled by conditions.

229 Amenity

There are offices located at first-floor and second floor above the application site and there are offices at first and second floor above the adjacent ground floor business. The ground floor of No. 14 is occupied by the Tourist Information Board. The ground floor of No. 10 is occupied by a business use.

The rear of the building looks onto private churchyard to the Unitarian Chapel. The boundary wall to Pepper Alley has been removed as part of the Carmel House Development. There may be a flat for the Chaplin with the upper floors of the Unitarian Chapel and this is currently being confirmed. There are no residential flats as part of the adjacent Carmel House development.

One of the main considerations should be to protect the amenities of the locality and the setting of the Conservation Area. There is only one food and drink establishment located on Norfolk Row (No. 22a) however this is not located directly behind the Unitarian Chapel.

The applicant has been requested to submit a sample menu and written confirmation of the proposed cooking equipment. It has been confirmed verbally that there would not be a deep fat fryer within the kitchen and only an oven with associated hood. However, this needs to be confirmed in writing before a full assessment of the impact of the proposed café use can be determined in terms of the visual impact of the type of extractive ventilation system required and any potential amenity issues and the extent of odours and smells from the cooking.

Members of the committee will be fully updated with the above issues at the Area Board.

Access issues

Access into the subject property is gained through the main entrance fronting onto Norfolk Row, there is a single step up into the building. A portable ramp is proposed to provide access in and out of the tearoom. The portable ramp is considered unacceptable and is not a permanent solution and should only be acceptable as a last resort.

Officers have been working to try and resolve this issue whilst causing minimum harm to the Listed Building. Given the original floor in the reception area is original stone flag flooring an internal ramp is not an option.

Discussions have been initiated internally with officers in highways adoptions to determine whether the adjacent paving can be sloped up to the top of the threshold step without creating an excessive gradient or crossfall. It appears to be technically possible to carry out this work and officers in conservation have no objections to the loss of the existing front step. It is worth noting that the existing café at No. 22a Norfolk Row has undertaken this work to gain level access into the premises. Alterations to the level of the paving have also been undertaken at the Coventry Bank located on the corner of Norfolk Row and Norfolk Street. The applicant has been strongly advised to go down this route as it is considered essential to achieve

230 a permanent solution and gain level access into building. This issue has not however been fully resolved. The applicant is exploring options and has been requested to confirm in writing that he is prepared to carry out this work in connection with the highways authority. The submission of further details and amended plans showing the alterations to the paving will be conditioned.

Members will be updated on the level access arrangements at the Area Board meeting.

RESPONSE TO REPRESENTATIONS

The objection received from occupiers of a neighbouring property is based on a non-planning matter. Trade objections from potential competitors are not relevant to planning and therefore the objection cannot be taken into consideration in the determination of the application.

SUMMARY AND RECCOMENDATION

A food and drink outlet (Use Class A3) is an acceptable use within the Shopping Area, provided that it complies with Policy S10 of the development plan and subject to there being no detrimental impact on the amenity of residents within the locality.

The subject property is also a Grade II Listed Building and Policy BE19 of the development plan also applies. Policy BE19 states that proposals for internal or external alterations and changes of use which would affect the special interest of a Listed Building will be expected to preserve the character and appearance of the building and where appropriate, to preserve or repair original details and features of interest. It is considered that the proposed schedule of minor internal and external alterations proposed, subject to omission of the exposed brickwork to the chimney breasts the reception area and meeting room, would not be harmful to the Listed Building and would preserve its character. Conditions would reinforce this.

Subject to further information confirming the type of A3 use proposed and full details of menu and cooking equipment and subject to achieving compliant level access into the building and proposal to change the ground floor of the premises into a tearoom appears acceptable in principle. However, until this further information is received and the application has been fully assessed a final recommendation could not be made. Members will be updated of the final recommendation, which is anticipated to be a favourable one, and the associated conditions at the Area Board meeting.

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Case Number 08/01187/LBC

Application Type Listed Building Consent Application

Proposal Alterations to ground floor of building to form tea rooms

Location 12 Norfolk Row Sheffield S1 2PA

Date Received 14/03/2008

Team CITY CENTRE AND EAST

Applicant/Agent Birkett Cole Lowe

Recommendation To Report

Subject to:

232 Site Location

For report see 08/01186/FUL

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