Sheffield City Council Place Report to City Centre

SHEFFIELD CITY COUNCIL PLACE

REPORT TO CITY CENTRE SOUTH AND EAST PLANNING DATE 08/03/2010 AND HIGHWAYS AREA BOARD

REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

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

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

CONTACT POINT FOR Chris Heeley TEL 0114 2736329 ACCESS Lucy Bond NO: 01142734556

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

10/00164/CHU 13-15 Castle Street Sheffield 6 S3 8LT

10/00157/FUL 117 Rockingham Street Sheffield 15 S1 4EB

10/00112/FUL Blue Room Brasserie Chantrey House 22 798 Chesterfield Road Sheffield S8 0SH

10/00063/FUL Revolution Bar Units 1 And 2 27 The Plaza 8 Fitzwilliam Street Sheffield S1 4JB

10/00029/FUL 346 Cemetery Road Sheffield 48 S11 8FT

09/03963/FUL Curtilage Of 19 Cavendish Avenue Dore 56 Sheffield S17 3NJ

09/03921/FUL Land To The Junction Of School Street And Station Road 65 (Rear Of Vine Grove Farm) Mosborough Sheffield

09/03912/FUL 535A Ecclesall Road Sheffield 84 S11 8PR

4 5 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The SOUTH Planning And Highways Area Board Date Of Meeting: 08/03/2010

LIST OF PLANNING APPLICATIONS FOR DECISION OR INFORMATION

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

Case Number 10/00164/CHU

Application Type Planning Application for Change of Use

Proposal Use of first and second floor as 6 self-contained studio flats and alterations - resubmission of planning application 09/02930/CHU (amended description)

Location 13-15 Castle Street Sheffield S3 8LT

Date Received 19/01/2010

Team CITY CENTRE AND EAST

Applicant/Agent Madde Design

Recommendation Grant Conditionally

Subject to:

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

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

2 Before development commences a section of render shall be removed from the façade of the building, in order for the brickwork to be inspected, and written agreement shall have been given by the Local Planning Authority in respect of a suitable approach to either:

6 a) Exposing the remainder of the brickwork, which will depend on its state of repair.

b) Re-rendering the building.

This agreed approach shall have been completed before first occupation.

In order to ensure an appropriate quality of development.

3 Repairs and new areas of infill masonry shall match the existing surrounding masonry in bonding, colour, size, shape and texture and in the colour and finished treatment of mortar joints.

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

5 Any new windows shall be of a traditional sash design (not top-hung) and constructed in timber.

In order to ensure an appropriate quality of development.

6 No refuse or recycling bins associated with these residential units shall be stored on the highway.

In the interests of the amenities of the locality.

7 Unless otherwise agreed in writing by the Local Planning Authority the residential accommodation hereby permitted shall not be occupied unless the scheme of sound attenuation works given in the Noise Report by S & D Garritt Ltd, dated 7th January 2010, has been installed.

These works shall:

a) Be capable of achieving the following noise levels:

Bedrooms: Noise Rating Curve NR25 (2300 to 0700 hours).

Living Rooms: Noise Rating Curve NR35 (0700 to 2300 hours).

(Noise rating curves should be measured as a 15 minute linear Leq at the octave band centre frequencies 31.5Hz to 8kHz).

b) Include a system of alternative acoustically treated ventilation to all habitable rooms.

Once installed these works shall thereafter be retained in good working order.

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

8 Before first occupation a noise validation test of the required noise levels and sound attenuation works shall have been carried out and the results submitted to, and approved in writing by the Local Planning Authority. The verification test shall be carried out in accordance with an approved method statement and shall 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 shall be submitted to, approved in writing by the Local Planning Authority and implemented before first occupation.

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

9 Before first occupation full specifications of the extraction flues, which shall include low resistance cowls, shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with these details thereafter.

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

10 The development must be carried out in complete accordance with the following approved documents, drawing number K9002/04pLAB unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

11 The new door within the elevation facing Castle Street shall be timber.

In order to ensure an appropriate quality of development.

12 Unless alternate details are required to comply with other relevant planning conditions, the development shall be completed in strict accordance with Plan No. K9002/04pl (Rev D) received on 24 February 2010.

In order to define the permission.

13 Before any works are carried out to the parapet, which includes its removal, full details shall have been agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with these details thereafter.

In order to ensure an appropriate quality of development.

14 Unless otherwise agreed in writing by the Local Planning Authority the position of the existing cills shall be retained.

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

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

BE5 - Building Design and Siting IB7 - Development in Business Areas IB9 - Conditions on Development in Industry and Business Areas H5 - Flats, Bed-sitters and Shared Housing H16 - Open Space in New Housing Developments CS17 - City Centre Quarters CS26 - Efficient Use of Housing Land and Accessibility CS64 - Climate Change, Resources and Sustainable Design of Developments

The proposed residential development is considered to bring an acceptable land use into the area, whilst, owing to its limited scale, not harming the dominance of the preferred use. The proposal will also renovate a rundown significant unlisted building, which is very welcome.

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

Attention is drawn to the following directives:

1. You are advised that residential occupiers of the building should be informed in writing prior to occupation that:

(a) limited/no car parking provision is available on site for occupiers of the building, (b) resident's car parking permits will not be provided by the Council for any person living in the building.

9 Site Location

LOCATION AND PROPOSAL

This application relates to the first and second floor of a three storey flat roofed building set within the Castlegate Quarter of Sheffield’s City Centre. The building has been vacant for a number of years and the upper floors have fallen into a considerable state of disrepair.

The applicant proposes to convert the space into 6 small studio flats. It is also proposed to undertake various alterations to the building, including the creation of new stair access in the rear yard, the repositioning of two extraction flues also in

10 the rear yard, the exposing of the original brickwork, which is currently hidden by render, and the replacement of the existing parapet.

The application building fronts Castle Street, which presents a typical bustling city centre pedestrian environment in the day and is also a very busy bus route. The two commercial units that operate on the ground floor are a fish & chip shop and sandwich bar.

There are several listed buildings surrounding the site, including the Grade II Listed Courthouse, which is set across Castle Green to the east, and the Grade II Listed Castle House, which is set across Castle Street to the south. The majority of the buildings immediately surrounding the application site are of a larger scale (4/5 storeys) than the application building, the exception being the Hen and Chickens Public House, which is also three storeys and adjoins the application building to the north.

The application building is identified as an unlisted significant building within the Sheffield City Centre Urban Design Compendium. The application site is located within a Business Area as defined by the Sheffield Unitary Development Plan (UDP).

RELEVANT PLANNING HISTORY

An almost identical application to convert the building into 6 studio flats was recently submitted and subsequently withdrawn so that the applicant could undertake more noise assessment work under planning reference 09/02930/CHU.

PLANNING ASSESSMENT

Land Use Policy

The site is located in a Business Area within the UDP.

Policy IB7: Development in Business Areas within the UDP lists Business (Use Class B1) as the preferred use and lists Housing on Upper Floors within the City Centre (Use Class C3) as an acceptable use.

Policy CS17 i): City Centre Quarters within the Sheffield Development Framework Core Strategy (CS) identifies the Castlegate Quarter as an area for a mix of uses including offices, housing, hotels and leisure.

Having discussed various possibilities for the upper floors of this building with the applicant it is clear that, owing to the limited size of the space and its extremely poor state of disrepair, converting the building for business purposes would be unviable and attracting a business user would be highly unlikely in this market. It is also noted that given the time the building has been vacant in combination with its minimal scale, its conversion into residential usage would not impact on the business offer within the wider area.

11 The proposal is therefore considered to comply with Policies IB7 of the UDP and CS17 i) within the CS.

Design

It is noted that, owing to the minimal scale and nature of the alterations to the building, the proposal is not considered to have any impact on the character of surrounding listed buildings.

Policy BE5: Building Design and Siting within the UDP states that new buildings should compliment the scale, form and architectural style of surrounding buildings.

Section c) of Policy IB9: Conditions on Development in Industry and Business Area within the UDP states that new development should be well designed.

Although it has clearly been neglected over time the building is identified as a significant unlisted building within the Sheffield City Centre Urban Design Compendium. The applicant proposes to reinstate the key features of the buildings facades, which includes removing the unsightly render, in order to expose the original brickwork, and the renewal of the timber sash windows.

The new stairs and extraction equipment will be hidden form public view within the rear yard, which is acceptable.

The proposal is considered to accord with Policy BE5 & IB9 within the UDP.

Residential Amenity / Noise

Policy H5: Flats, Bed-Sitters and Shared Housing within the UDP sets out various criteria for new development to meet, which includes, planning permission will be granted for the creation of such units if living conditions would be satisfactory for occupants of the accommodation and their immediate neighbours.

The proposed units will be afforded suitable outlook and natural light from all habitable rooms.

Although the scheme does not include outside amenity space, which is of course regrettable, it is considered acceptable given the constrained scale of the site and the city centre location, which provides various amenity offers.

The proposal is adjacent to the Hen and Chickens Public House and fronts onto Castle Street, which is a busy bus route. In respect of the Hen and Chickens, noise issues that have caused problems in the recent past have now been resolved. It is also noteworthy that the application building does not share a party wall with the ground floor of the public house and the upper floors of this venue are in ancillary residential use. In respect of both the public house and street noise, which is mainly from buses, that applicant has submitted a Noise Report that includes suitable mitigation measures to ensure an acceptable internal environment can be created for future residents, which will be the subject of planning conditions should consent be forthcoming.

The proposal also includes the relocation of two extraction flues within the rear yard that are associated with the ground floor commercial uses, in order for the new access stairs to be accommodated. The new flues will terminate above ridge height and will be designed to modern standards in respect of both noise and vibration. They are therefore considered to be acceptable.

The applicant has identified an area within the rear yard for refuse and recycling bins to be stored, which is acceptable.

The proposal is therefore considered to comply with Policy H5.

Highways

The scheme will not include any parking, which is not problematic given the easy access to various amenities and public transport modes in this central location.

Sustainability

Policy CS64: Climate Change, Resources and Sustainable Design of Development & Policy CS65: Renewable Energy and Carbon Reduction within the CS require new residential developments of five units or more, which includes conversions that require substantial works, to achieve certain targets, including providing a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy and the attainment of Code Level 3 within the Code for Sustainable Homes.

It is considered however that owing to the minimal scale of the proposed conversion it would be unreasonable to apply these standards in this case.

The development does offer other acceptable sustainability credentials, which includes its central location and its reuse of vacant floor space.

Density of Development

Policy CS26: Efficient Use of Housing Land and Accessibility within the CS requires appropriate housing densities to ensure the efficient use of land. Within city centre locations it is expected that developments would achieve at least 70 dwellings per hectare.

The proposed development exceeds the 70 dwellings per hectare target and therefore complies with Policy CS26.

S106 Open Space Requirements

The applicant has agreed to make a contribution to the enhancement of open space within the vicinity of the site, in accordance with the requirements of Policy H16 of the UDP and the City Centre Living Strategy.

13 The S106 Contribution will therefore equate to £5,871 for the provision or enhancement of open space within the catchment area, which will be utilised following consultation with the relevant Community Assembly.

SUMMARY AND RECOMMENDATION

Given the time the building has been vacant in combination with its minimal scale; its conversion into residential usage would not impact on the business offer within the wider area.

The proposal is therefore considered to comply with Policies IB7 of the UDP and CS17 i) within the CS.

The applicant proposes to reinstate the key features of the building’s facades, which includes removing the unsightly render, in order to expose the original brickwork, and the renewal of the timber sash windows. The proposal is considered to accord with Policy IB7 of the UDP and Policy CS17 within the CS.

The proposed units will be afforded suitable outlook and natural light from all habitable rooms.

The applicant has submitted a Noise Report that includes suitable mitigation measures to ensure an acceptable internal environment can be created for future residents. The proposal is therefore considered to comply with Policy H5 within the UDP.

The scheme will not include any parking, which is not problematic given the easy access to various amenities and public transport modes in this central location.

The scheme is therefore recommended for conditional approve subject to a signed Section 106 Agreement.

Heads of Terms

The owner shall pay to the Council on or before commencement of the development the sum of £5,871 to be used for the provision of open space in the locality.

In the event that a satisfactory S106 planning obligation covering the Heads of Terms set out in the preceding paragraph is not concluded before 23 March 2010 (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

Case Number 10/00157/FUL

Application Type A Full Planning Application

Proposal Application to allow opening until 01:30 hours on Thursdays, Fridays, Saturdays and Sundays before Bank Holidays for a period of two years (Application to vary condition 2 of planning permission 07/04931/FUL)

Location 117 Rockingham Street Sheffield S1 4EB

Date Received 19/01/2010

Team CITY CENTRE AND EAST

Applicant/Agent DLP Planning Ltd

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority considers that the proposed continuation of the extension of hours will lead to the potential for further noise and disturbance to surrounding residents, which would detract from the aim of successfully balancing city centre living and a vibrant night-time economy. The proposal is therefore contrary to Policy H14 within the Sheffield Unitary Development Plan and the aims of the City Centre Living Strategy and the Interim Planning Guidance on Night Time Uses.

Attention is drawn to the following directives:

1. The applicant is advised that the current hours of opening for the unit are only valid until 21 March 2010, those hours being:

1. 08:00 to 00:30 hours on Sunday to Wednesday.

2. 07:30 to 01:30 hours on Thursday to Saturday and Sundays before Bank Holidays.

Once this twelve month period had lapsed, then, the hours of opening will revert back to 0800 hours and 0030 hours on any day.

15 Site Location

PROPOSAL

The applicant received planning permission to use the ground floor of 117 Rockingham Street as a restaurant & bar (Use Class A3 & A4) in February 2008 (07/04931/FUL). Condition 2 within this original consent stated that:

‘The restaurant/bar shall only be used between 0800 hours and 0030 hours on any day.’

16 The applicant subsequently received consent in October 2008 to vary Condition 2, in order to allow the restaurant & bar to open during the following hours for a temporary period of twelve months from first operation:

08:00 to 00:30 hours on Sunday to Wednesday.

07:30 to 01:30 hours on Thursday to Saturday and Sundays before Bank Holidays.

This twelve month period began on 21st March 2009. a twelve month period was imposed to allow a trial period in order to assess the true impact of the extended hours on the amenity of nearby properties such as Flockton Court and Smithfields.

The applicant now wishes to vary condition 2 in order to continue to operate within these revised opening hours for a further two year period.

LOCATION

The application building, which was historically a church hall, forms one of a grouping of buildings of high architectural merit located on the southern side of West Street, between Rockingham Street and Rockingham Lane.

Adjacent to the site to the south is a development of 75 one and two bedroom apartments with a basement car park, known as the Smithfield apartments. To the immediate rear of the building is a small development of ten apartments known as Bishops Lodge. Further residential developments occupy much of Rockingham Street to the south and include Phoenix Court and Flockton Court.

The site is set in extremely close proximity (13 metres) from West Street to the north, which is one of the most vibrant areas of the city centre throughout the evening.

The application site is within the City Centre Conservation Area. The building is also set within a Housing Area as defined in the Unitary Development Plan (UDP). The Central Shopping Area is set to the immediate north.

RELEVANT PLANNING HISTORY

Consent was refused under planning reference 09/02424/FUL at City Centre South and East Planning & Highway Area Board on 24 November 2009 to permanently extend the opening hours to 0800 hours - 0130 hours on Sunday to Wednesday and 0800 hours - 0230 hours on Thursday to Saturday and Sundays immediately before Bank Holiday Mondays.

The reason for refusal was:

The Local Planning Authority considers that the proposed extension of hours is unacceptable based on the potential for further noise and disturbance to surrounding residential uses, which would detract from the aim of successfully balancing city centre living with a vibrant night-time economy. The proposal is therefore contrary to Policy H14 within the Sheffield Unitary Development Plan and

17 the aims of the City Centre Living Strategy and the Interim Planning Guidance on Night Time Uses.

SUMMARY OF REPRESENTATIONS

There have been 11 representations in respect of the proposed extension of hours.

7 of these letters have come from individual residents of the neighbouring Smithfield apartment block and express the following:

- The area of Rockingham Street were this bar operates is mainly residential and a late night bar is therefore wholly inappropriate.

- The neighbouring residents require a proper night’s sleep; therefore late night noise has a serious impact on the surrounding residents.

- The bar is very loud and residents can hear music and general noise from the premises at night.

- One resident has stated that they often sleep with earplugs in and this is sometimes not sufficient to block out the noise.

- People who use the bar loiter around outside, often smoking or queuing. This creates further noise and is also intimidating to surrounding residents when entering and exiting their premises.

- An increased number of people in and around the area late at night may lead to security concerns.

- The incidents of broken glass and other issues such as vomit and fights seem to have increased since the bar opened.

- If this application is approved will the bar then continue to apply for further extensions.

A representation has been received from the managing agents of the Smithfield Apartments. This states that there are regular problems reported by owners and tenants relating to late night noise, discarded bottles and unruly behaviour from customers of SOYO, and whilst it is an accepted part of city living that a certain amount of noise is expected, it is also reasonable to expect that noise to have a time limit on it.

The agents state that they often have to deal with broken glass, vomit and other discarded materials and the extension of the current opening hours would increase all the issues.

Three further letters of representation have been submitted, including from residents of Flockton Court, expressing the following:

18 - The current opening hours already cause significant disturbance to what is essentially a residential street and the proposed extended hours would only add to this disturbance.

- Street noise, which includes people smoking and queuing outside, causes substantial problems for residents of the flats.

- The above problems are intensified by customers of the bar using the car park entrance of Flockton Court as a gathering point out of the rain and as a smoking shelter.

- The bar has been operating outside of its consented hours.

The representation from the Flockton Court residents states that the management of SOYO have been in discussions in relation to their issues in an attempt to better manage these problems.

PLANNING ASSESSMENT

Impact on Amenity

Sheffield Unitary Development Plan (UDP)

Policy H14: Conditions on Development in Housing Areas within the UDP states that in Housing Areas new development or change of use applications should not lead to air pollution, noise, smell, excessive traffic levels or other nuisance, or pose a risk to health and safety for people living nearby.

City Centre Living Strategy (CCLS)

The CCLS was approved by Cabinet in 2004 and forms Supplementary Planning Guidance. One of the key goals of this document is to ensure that potential conflict between residential uses and late night venues is managed.

Interim Planning Guidance on Night Time Uses (IPG)

The IPG aims to find a harmony and balance between city centre living and a vibrant night-time economy, in order to ensure a successful city centre in both senses. This document was approved by Cabinet in 2005 and identifies two areas of the city centre in which the amenity of existing and future residents should particularly be protected from undue noise and disturbance after a reasonable time of night. The IPG identifies 00.30am as this reasonable time of night. The application site does not fall within one such area and must therefore be judged on its individual merits.

Guideline 2 within the IPG states that leisure and food and drink uses will only be allowed if:

19 a) Conditions for nearby residents and people working in the area will not be harmed by noise breakout, traffic, parking on nearby streets, odours, street noise or general disturbance. b) They are unlikely to lead to anti-social behaviour that would disturb residents, workers or users of the area.

In considering this application, the impact of the proposed continuation in the extension of hours on the amenity of surrounding residential occupiers, in what is a designated Housing Area, is the primary concern.

Given the large amount of residential use in the immediate area, it was considered reasonable to apply more restrictive opening hours than on other late night uses in the wider area when the original restaurant & bar use was approved (07/04931/FUL). In this respect, 00:30 was considered to be a reasonable hour, given that the Interim Planning Guidance on Night Times Uses (IPG) advocates this in areas with high residential amenity value.

When considering the second application to extend the hours of opening to 01:30 hours on Thursday to Saturday and Sundays before Bank Holidays, it was considered reasonable to allow this for a temporary period of twelve months, given the proximity of West Street (13 metres to the north), which does create relatively high background noise levels. The rationale being that this temporary extension would allow a better understanding of whether operating the unit later into the night would suitably protect the amenity of surrounding residents.

Since this extension of opening hours the Council’s Environmental Protection Service have received three individual complaints relating to noise from activities connected with customers of the bar from occupants of Flockton Court. It is also evident from the representations of surrounding residents to this application that the current operating hours of the unit are causing noise and disturbance to these residents. This noise disturbance is largely as a result of ancillary behaviour associated with the use, including patrons leaving the premises or smoking outside.

In addition to this the bar was also the subject of two site visits by officers on Friday 19 February 2010 to asses the situation at first hand.

The first visit was at approximately 23:25 to 23:40. Officers observed several taxis waiting outside of the premises with their engines running, several people queuing and several people smoking outside of the premises making a moderate noise. Two separate customers were also observed approaching the bar from West Street making extensive noise shouting to friends down their phones. Music, in particular base, was also audible coming from the bar.

The second visit was at approximately 01:25 to 01:40 during which time the bar was emptying. Officers observed taxis arriving to pick up patrons at the premises and continuously beeping their horns. Several patrons were also observed to be shouting in the street as they departed.

20 It was clear from these visits that the bar does attract people onto Rockingham Street from surrounding streets who would not have previously been drawn to this area. It was also evident that the taxis servicing the bar also introduce new noise into the area (beeping their horns etc.) that is as a direct result of the bar.

To assess the noise impact of the bar in respect of noise breakout and general street noise and disturbance the applicants have provided a noise report. Although the conclusions of this report do suggest that opening until 01:30 would not cause any undue noise and disturbance to surrounding residents, officers contest this and feel that the conclusions presented are open to question. The key concern is that no accurate allowance can be made for sporadic noise, such as people shouting in the street & taxis beeping, which were observed during the recent site visit. These issues are generally the cause of the greatest distress to residents, given their unpredictable nature. It is also noted that during the recent visit music from the bar was audible from the street and it may be that noise levels from the premises differ depending on the occasion.

It should also be borne in mind that Flockton Court does not have the same sound attenuation and ventilation arrangements that other more recent developments have and as such, nuisance to them is heightened.

In light the above, it is considered that a further extension of opening hours beyond 00:30 hours would continue to exacerbate matters, would detract from the aim of successfully balancing city centre living with a vibrant night-time economy and will undoubtedly lead to further complaints.

RESPONSE TO REPRESENTATIONS

In relation to the bar currently operating outside its consented hours, this is a matter that is being monitored by the Local Planning Authority and our next course of action will be determined, in part, by the outcome of this application.

SUMMARY AND RECOMMENDATION

The proposed continuation of the extension of hours is considered to be unacceptable based on the potential for further noise and disturbance to surrounding residents, which would detract from the aim of successfully balancing city centre living and a vibrant night-time economy. The proposal is therefore contrary to Policy H14 within the Sheffield Unitary Development Plan and the aims of the City Centre Living Strategy and the Interim Planning Guidance on Night Time Uses.

The application is therefore recommended for refusal.

Case Number 10/00112/FUL

Application Type A Full Planning Application

Proposal Change of use from A3 licenced restaurant to A3 licenced restaurant with take away hot food facility

Location Blue Room Brasserie Chantrey House 798 Chesterfield Road Sheffield S8 0SH

Date Received 18/01/2010

Team SOUTH

Applicant/Agent Jeff Redmile Architectural Plans

Recommendation Grant Conditionally

Subject to:

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

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

2 The building shall be used for the above mentioned purpose only between 0900 hours and 2330 hours, Mondays to Fridays, 0900 hours and 2400 hours on Saturdays and 0900 to 2300 on Sundays and Public Holidays.

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

3 The development must be carried out in complete accordance with the following approved documents, drawing numbers 6820/1 and 6820/2 received 20/01/10 unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

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

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

23 Site Location

LOCATION AND PROPOSAL

The site is the Blue Room Brasserie that is located beneath offices in Woodseats District Centre. The site is surrounded by retail and business premises but notably to the south is the Big Tree public house with trees to the west. The Blue Room does not have a frontage onto Chesterfield Road as it is within the lower ground floor. It faces onto the car park, access being taken from Chesterfield Road. There is a frontage of an entrance with windows either side and a conservatory that runs from the north of the entrance also facing onto the car park.

24 The existing use is for a licensed restaurant only (A3) and this application proposes the inclusion of a hot food takeaway facility (A5). There would be no other alterations.

REPRESENTATIONS

None have been received.

PLANNING ASSESSMENT

Land Use Policy

The adopted Unitary Development Plan (UDP) for Sheffield shows that the site is within the Woodseats District Shopping Centre.

Policy S7 of the UDP – Development in District and Local Shopping Centres – indicates that food and drink outlets are acceptable uses. Policy S10 – Conditions on Development in Shopping Areas – says that there should be no harm to residents in the area, should not affect the predominant use in the centre and be adequately served by public transport with appropriate parking and access from the road network.

In this instance, there would be no impact on the preferred retail use so the balance of uses in the centre would not be affected.

The Sheffield Development Framework Core Strategy has been adopted but none of these policies specifically relate to this application.

Potential Noise and Disturbance

Policy S10 of the UDP says that there should be no harm to the amenities of local residents.

The existing use is that of a restaurant and the intention with this application is to extend this to include a takeaway facility. The hours of operation would remain the same at 17:00 to 23:30 hours Monday to Friday, 17:00 to 24:00 hours Saturdays and 13:00 to 23:00 hours Sundays and Bank Holidays. There is an existing flue associated with the kitchen and this would not alter.

The nearest dwellings are all a significant distance from the site and the only potential for any disturbance would be vehicle movements within the car park. Given the level of existing activity in this area, residents’ amenities would not be affected.

Access, Parking and Transportation

Policy S10 of the UDP requires adequate car parking and good access and public transport links.

25 The site is served by a large car park that is used by customers of the restaurant in the evenings and the office uses above during the daytime. There is sufficient capacity to absorb any additional demand that might be generated by the takeaway facility.

The existing access has good visibility in both directions and there are very good bus services in both directions from the District Centre. There are also many dwellings within walking distance from the site.

SUMMARY AND RECOMMENDATION

The site is used for a restaurant and this application proposes an addition to this in the form of a takeaway facility. Policy S10 of the Unitary Development Plan specifies that residents’ amenities are not harmed and that there be acceptable parking and access requirements and that public transport links be of good quality.

This application meets all policy criteria and is considered to be acceptable. The proposal is, therefore, recommended for conditional approval.

Case Number 10/00063/FUL

Application Type A Full Planning Application

Proposal Permanent extension of opening hours to 0030 hours Mondays to Sundays inclusive of dispersal period (Application under Section 73 to vary condition No.20 (hours of use) imposed by 00/01269/FUL)

Location Revolution Bar Units 1 And 2 The Plaza 8 Fitzwilliam Street Sheffield S1 4JB

Date Received 08/01/2010

Team CITY CENTRE AND EAST

Applicant/Agent Signet Planning

Recommendation Grant Conditionally

Subject to:

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

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

2 The type and colour of the facing, roofing and paving materials proposed to be used in the development shall be in accordance with details approved by the Local Planning Authority and samples of the materials shall have been submitted to and approved by the Local Planning Authority.

In the interests of the amenities of the locality.

3 Before the development is commenced full details and samples of all proposed materials and finishes, roofing materials, facing bricks, masonry, render colours, paviours, planters, roofing systems, fenestration, rainwater goods, timber details, plaques, railings, metalwork handrails, steps/sitting wall ramps and the construction details for the steps/ramps, landscaped decks, pavements and square shall have been submitted to and approved by the Local Planning Authority.

In the interests of the amenities of the locality.

4 Before the development is commenced, full drainage details shall have been submitted to and approved by the Local Planning Authority.

To ensure that the site is drained in an appropriate and satisfactory manner.

5 The site shall be developed with separate systems of drainage for foul and surface water on site prior to off-site combined connections.

To ensure satisfactory drainage arrangements.

6 Before the development is commenced full details of the proposed means of disposal of surface water drainage (including details of any balancing work required) shall have been submitted to and approved by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

7 There shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works unless otherwise agreed in writing by the Local Planning Authority.

To ensure that no surface water discharges take place until proper provision has been made for their disposal.

8 Before the development is commenced full details of the proposed sound attenuation measures to ensure adequate noise protection for residents, including full details of the proposed acoustic glazing, acoustic ceilings and acoustic isolation of the A3 units, creche, health and fitness centre, refuse/recycling, lift shafts and plantroom areas shall have been submitted to and approved by the Local Planning Authority and such measures as are agreed shall have been provided on site before the use of the development is commenced.

Amenities of locality and occupiers of proposed dwellings.

9 Before the development is commenced, full details of all external plant and equipment and proposed fume extraction equipment (to include the type of cowl proposed, the height of the flue and the location of the fume extraction system(s) and any sound attenuation equipment proposed thereto) shall have been submitted to and approved by the Local Planning Authority and such equipment as is agreed shall have been provided on site before the buildings are used and retained thereafter.

In the interests of the amenities of the locality.

10 Before the development is commenced, a contaminated land site report and proposed remediation works shall have been submitted to and approved by

28 the Local Planning Authority and if when the demolition works on site have taken place any further significant unexpected contamination is discovered the Local Planning Authority shall be notified accordingly and full details of any proposed remediation works shall be submitted to and approved by the Local Planning Authority before any further work is commenced. The provisions of the report shall be complied with unless otherwise agreed in writing by the Local Planning Authority.

To ensure the safe and proper development of the site.

11 Before the development is commenced, full details of the cycle parking provision, bin stores, litter bins, planters, seating, railings, gates, fences or other courtyard or street furniture proposed shall have been submitted to and approved by the Local Planning Authority and such equipment/works as are agreed shall have been provided on site before the use of the site is commenced and thereafter such facilities shall be retained and maintained for the benefit of the residents.

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

12 Before the development is commenced, full details of the proposed Per Cent for Art Works which should include features such as railings/ handrails, gates, balconies, seating, plaques, planters and sculptures shall have been submitted to and approved by the Local Planning Authority and such works as are agreed shall have been provided on site before the use of the buildings is commenced and shall thereafter be retained.

This is a key City Centre scheme and a public art contribution is appropriate under the City's Per Cent for Art Policy in the interests of the amenities of the locality.

13 Before the use of the development is commenced full details of the proposals to ensure the safety of residents including smartcard access, gates, visitor intercoms and CCTV to internal courtyards and external streets shall have been submitted to and approved by the Local Planning Authority and such details as are agreed shall have been provided before the use of the buildings is commenced and thereafter such safety features shall be retained.

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

14 Before the development is commenced full details of the proposals for the public and private recycling facilities for the collection of glass, plastic, paper and cardboard for recycling shall have been submitted to and approved by the Local Planning Authority and such details as are agreed shall be provided before the use of the development is commenced and thereafter such recycling facilities shall be retained for the benefit of residents.

In order to comply with the Council's policies with regard to recycling and waste collection.

15 Before the development is commenced, full details of the measures proposed for the conservation of energy shall have been submitted to and approved by the Local Planning Authority and such energy conservation measures as are agreed shall have been provided before the use is commenced and thereafter such energy conservation measures shall be retained and maintained for the benefit of the residents.

In order to comply with the Council's policies with regard to energy efficiency.

16 Before the development is commenced, full details of the proposed feature lighting, nightlighting and street lighting proposed both within the courtyards and onto Cavendish Street and Fitzwilliam Street, Broomhall Street and Convent Walk shall have been submitted to and approved by the Local Planning Authority and the use shall not be commenced until such feature lighting, nightlighting and street lighting, as are agreed have been provided and thereafter retained and maintained for the benefit of the residents.

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

17 Before any work on site is commenced, a landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The scheme shall be carried out to the satisfaction of the Local Planning Authority by the end of the first planting season following the commencement of the use of any part of the development and thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced to the satisfaction of the Local Planning Authority.

In the interests of the amenities of the locality.

18 Before work on site is commenced, full details of suitable access and facilities for disabled persons, both to and within the building and also within the curtilage of the site, 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. (Reference should also be made to the Code of Practice BS8300).

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

30 19 Any deliveries to the retail units shall take place only between 0800 hours and 1800 hours Mondays to Saturdays with no deliveries on Sundays or Public Holidays.

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

20 a) Units 1 and 2 shall only be used between 0800 and 0030 Monday- Saturday and 0900 hours to 0030 on Sundays and Public Holidays.

(b) After 2230 hours on any day customers to Units 1 and 2 shall not be allowed to use the two fire exits or the side entrance to The Plaza which shall be kept closed, and shall only use the main entrance to Fitzwilliam Street.

(c) The outdoor seating area shall nevertheless be used only between 0900 and 2230 hours on any day and the furniture shall be stored away by 2300 hours in accordance with the management scheme dated 27th June 2007 approved by the Local Planning Authority as part of application 07/02576/FUL.

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

21 Before the use of any of the proposed retail units, the health club, the creche and medical centre is commenced, full details of the proposed shop fronts (to include 1:20 details of curved shop fronts and kiosks) including a scheme to ensure the proposed coordinated signage, the level access proposals and the facilities proposed for disabled persons, staff and public use shall have been submitted to and approved by the Local Planning Authority and such details as are approved shall have been provided on site and shall be retained and maintained thereafter.

In order to ensure disabled access and to protect visual amenities.

22 No more than 33% of the proposed retail units/floorspace shall be occupied by A3 (food and drink) units.

order to comply with the Devonshire Quarter Action Plan Policies.

23 Before the use of the development is commenced, full details of the proposed water recycling facilities for grey water and rainwater harvesting for toilet flushing and landscape watering shall have been submitted to and approved by the Local Planning Authority and such water recycling facilities as are approved shall have been provided on site and shall thereafter be retained and maintained.

In order to comply with the policies of the Devonshire Quarter Action Plan.

24 The development shall not be begun until either: a) improvement works (which expression shall include traffic control pedestrian safety measures) to the highways specified below have been carried out to enable such highways to accommodate the increase in traffic, which in the opinion of the Local Planning Authority will be generated by the development or b) details have been submitted to and approved by the Local Planning Authority of arrangements which will secure that such improvement works will be carried out prior to any part of the development being used.

The specified highways are:

1. Fitzwilliam Street 2. Junction of Devonshire Street with Fitzwilliam Street 3. Broomhall Street 4. Broomspring Lane 5. Cavendish Street 6. Bolton Street 7. Realignment of the public footpath across Devonshire Green at its junction with Fitzwilliam Street 8. Realignment of the cycle track across Devonshire Green at its junction with Fitzwilliam Street 9. Convent Walk.

In the interests of traffic safety and amenities of locality.

25 Before the development commences all redundant vehicular crossings shall be permanently stopped up and reinstated as footway and kerb to the satisfaction of the Local Planning Authority.

In the interests of traffic safety and amenities of locality.

26 Details shall be submitted to and approved by the Local Planning Authority to ensure no surface water from the site discharges onto the adjacent highway.

In the interests of traffic safety and amenities of locality.

27 Before the development is commenced, details of servicing arrangements for refuse collection shall be submitted to and approved by the Local Planning Authority.

In the interests of traffic safety and amenities of locality.

28 All servicing for the retail units shall be carried out from the service bays on Fitzwilliam Street (except for the shops on Broomhall Street which shall be serviced from the new service bay on Cavendish Street).

In the interests of traffic safety.

29 Before any part of the development is brought into use the car parking accommodation shown on the approved plan shall be provided and thereafter retained.

In the interests of traffic safety and amenities of locality.

30 The gates and barrier to the car park shall be set back a minimum of 5 metres from the back edge of the footway.

In the interests of traffic safety and amenities of locality.

31 Before the development is commenced, details of the car park access, gates and barriers shall be submitted to and approved by the Local Planning Authority.

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

32 Before the development is brought into use details of the management of the on-site parking facilities shall be submitted to and approved by the Local Planning Authority.

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

33 The ramps within the car park shall not exceed a maximum gradient of 1 in 7.

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

34 The car park shall be lit to a minimum luminance of 120 lux.

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

35 Before the development is brought into use, the cycle parking accommodation shown on the approved plan shall be provided and thereafter retained.

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

36 Before the development is commenced, details of the boundary treatment shall be submitted to and approved by the Local Planning Authority.

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

37 The footway to the Fitzwilliam Street frontage shall have a minimum width of 2 metres.

In the interests of pedestrian safety.

38 Before the development is commenced, arrangements shall be entered into relating to the loss of on-street parking, including the removal/ relocation of on-street equipment.

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

39 Before the use of the development is commenced, details of the replacement street lighting shall have been submitted to and approved by the Local Planning Authority on the following:-

a) Fitzwilliam Street b) Broomhall Street c) Cavendish Street d) Convent Walk.

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

40 Before the development is commenced, details of the means of ingress and egress for vehicles engaged in construction of the 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 approved points of ingress and egress. Ingress and egress for such vehicles shall be obtained only from the approved points.

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

41 Before the development is commenced details shall be submitted to and approved of the proposals to prevent the deposit of mud/debris on the highway.

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

42 Before the development is commenced, full details of the glazed shop window areas shall have been submitted to and approved by the Local Planning Authority and such shop window areas as are agreed shall have been provided and thereafter such shop window areas shall be retained, decorated and maintained for the purpose of shop window displays.

In the interests of the visual amenities of the locality.

34 43 Before the use of the proposed car park is commenced, full details shall have been submitted to and approved by the Local Planning Authority of the proposed car pool for 20 smart cars/hire vehicles and such details as are agreed shall have been provided on site and thereafter such car pool facilities shall be retained and maintained for the benefit of the residents.

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

44 Notwithstanding the terms of the Town and Country Planning (Use Classes) Order 1987, or any statutory instrument revoking and re-enacting that Order, the health and fitness suite shall be used solely for the use hereby permitted and shall not be used for any other purpose within Class D2 without the prior approval of the Local Planning Authority.

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

45 Before the use of the proposed car park is commenced, the proposed car pool spaces and disabled persons parking spaces indicated on the plans shall have been clearly signed as such and such spaces and signage shall thereafter be retained for the purposes of car pool and disabled parking.

To ensure that satisfactory parking provision is provided, retained and appropriately signed.

Attention is drawn to the following justifications:

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

Policies S3, S10, H12 and 14 of the Unitary Development Plan, Policies CS17 and CS27 of the SDF Core Strategy and guidance within the City Centre Living Strategy (2004) and Interim Planning Guidance on Night time Uses (2005). On balance, the proposed permanent extension of hours has been considered acceptable, despite some concerns about the impact on the amenity of surrounding residential occupiers. In this instance, greater weight has been given to achieving an appropriate balance between residential amenity whilst also ensuring the vitality and viability of the City Centre, which is secured by the premises closing at 00.30. Furthermore, the proposed hours are consistent with the opening hours of bars within the locality and the general noise within the area cannot be solely attributable to the application site.

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

Attention is drawn to the following directives:

1. The applicant is advised that condition No(s) 1-19 and 21-45 were imposed by planning permission 00/01269/FUL and are reproduced on this notice to provide you with a complete record of all conditions, regardless of whether some may have already been discharged.

36 Site Location

LOCATION AND PROPOSAL

This application relates to Units 1 and 2 of The Plaza within the West One complex. West One is a mixed-use development between Fitzwilliam Street and Cavendish Street comprising a block of flats and office uses with ‘The Plaza’ forming the ground floor retail/commercial centre located at the northern end of West One. The Plaza presently comprises twelve retail/food and drink units of which 7 are in A3-A4 (food and drink use) with a further unit (Budgens) also recently granted consent for Use Class A3. The remainder of the units are either in

37 retail use or vacant. There is also a pedestrian route through the Plaza from Cavendish Street to Fitzwilliam Street.

The application site, Units 1 and 2 of the Plaza, are occupied by Revolution, a drinking establishing that plays music and also serves food (Use Class A4). It forms a large venue with a curved frontage at the corner of ‘The Plaza’ facing Fitzwilliam Street.

The West One development was originally approved in 2001 subject to a number of conditions including Condition 20, which restricted the opening times of food and drink units within the development to 0800-2330 Mondays to Saturdays and 0900 to 2300 on Sundays and Bank Holidays. Condition 20 was subsequently amended by application 07/01862/FUL in 2007 to the following:

(a) Units 1 and 2 shall only be used between 0800 and 0030 Monday-Saturday and 0900 hours to 0030 on Sundays and Public Holidays.

(b) After 2300 hours on any day customers to Units 1 and 2 shall not be allowed to use the two fire exits or the side entrance to The Plaza which shall be kept closed, and shall only use the main entrance to Fitzwilliam Street.

(c) The outdoor seating area shall nevertheless be used only between 0900 and 2230 hours on any day and the furniture shall be stored away by 2300 hours in accordance with a management scheme that shall have received the prior written approval of the Local Planning Authority.

(d) The use shall cease on or before the 31st October 2008.

In November 2008, Revolution re-applied to extend the opening hours of the bar to 0800-0030 hours Monday-Saturday and 0900-0030 hours Sundays and public holidays (08/05612/FUL). Members of the City Centre and East Planning Board approved this application on 16th February 2009 against Officer recommendation for a further trial period of one year expiring on 16th February 2010. As a result of this approval, Condition 20 was revised to the following:

(a) Units 1 and 2 shall only be used between 0800 and 0030 Monday-Saturday and 0900 hours to 0030 on Sundays and Public Holidays until 16 February 2010. After that date the hours of use shall revert back to those approved under application reference 00/01269/FUL unless otherwise authorised in writing by the Local Planning Authority.

38 This application seeks a very Condition 20 (a) to allow the permanent extension to these hours to enable the venue to open between 0800 and 0030 Monday- Saturday and 0900 hours to 0030 on Sundays and Public Holidays inclusive of the drinking up and dispersal period. The applicant notes that this application is consistent with the licence for the premises, which requires the sale of alcohol to end at 2400 with all patrons to have departed by 00.30. It also seeks to amend Condition 20 (c), which refers to the management scheme as this has already been agreed with the Council such that the reference to the written approval of the management plan can now be omitted.

RELEVANT PLANNING HISTORY

There is an extensive planning history to the West One complex but the most relevant applications relating to Units 1 and 2 are summarised below:

08/05612/FUL: Extension of opening hours to 0800-0030 hours Monday-Saturday and 0900-0030 hours Sundays and public holidays (Application under Section 73 to vary condition No.20 (hours of use) imposed by 00/01269/FUL). Approved: 16.02.09 for a temporary period of one year.

As noted above, Members of the Planning Board approved this application against the recommendation of Officers. At that time, Members did not accept the concerns raised by Officers in respect of street noise and felt that it could not be attributable to a single venue. Although acknowledging that this was a major residential location, Members considered that a balance had to be struck between residential amenity and night-time economy and it was deemed fair to allow the extension of hours for a trial period for one year.

07/01862/FUL: Temporary extension of opening hours from 0800 until 0030 Monday-Saturday and 0900 hours to 0030 on Sundays and Public Holidays. Approved: 31st October 2007 for a period of one year.

07/02576/FUL: Overnight stacking and securing of tables and chairs within the outdoor seating area subject to the use of the outdoor seating ceasing at 2230 hours and tables and chairs being stacked by 2300 hours. Approved: 16th August 2007

06/02865/CHU: Permission for a temporary outside seating area to Units 1 and 2 between 0900 and 2230 hours. Approved: 6th March 2007

03/01338/FUL: Installation of air handling equipment at the rear of Units 1 and 2. Approved: 19th August 2003 subject to the fitting of an acoustic hood and not being used at night.

00/01269/FUL: Erection of flats for use as residential and student accommodation, basement car parking, retail, offices, restaurant/bars and health club. Approved: 22nd February 2001

39 It is also relevant to note the recent approval for an extension of hours at The Bowery, which lies opposite Revolution on Cavendish Street:

09/03941/FUL: Further temporary use of extended opening hours following trial period of 3 years. Opening hours to be 0730 to 0030 Sundays to Wednesdays and 0730 to 0130 Thursdays to Saturdays. Between 0030 and 0130 the unit shall not be used for dancing and no amplified music shall be played. (Application under section 73 to vary condition 6 of planning approval 06/03958/FUL) Approved: 25th January 2010 for a further period of two years.

SUMMARY OF REPRESENTATIONS

The application was advertised by means of a site notice, press notice and by neighbour notification. Four letters of objection have been received from residents within West One citing the following objections:

(i) The current opening hours cause considerable noise and disturbance to residents at West One;

(ii) Vodka Revolution is a very busy, noisy pub and extending the hours permanently will result in excessive noise and unacceptable noise disturbance;

(iii) The negative impact of bars and restaurants within West One Plaza has been dominating West One for some time and although numerous complaints have been made to the Council regarding noise disturbance, anti-social behavior, breaches of various conditions etc, nothing is done;

(iv) The design of West One, with the entrance to The Plaza via a narrow walkway into an enclosed space, has an ‘amphitheatre’ effect with noise being magnified and travelling upwards. Vodka Revolution extends considerably into the Plaza;

(v) In the part of the development within which the objector lives, all apartment windows and doors face over the Plaza so there is little respite from the noise;

(vi) West One residents living on Fitzwilliam Street and Cavendish Street also suffer from the excessive noise and anti-social behaviour of drinkers emerging from The Plaza, congregating in bar doorways and within the Plaza. Granting an extension to Revolution will no doubt encourage other bars to request a permanent extension;

(vii) West One is mainly residential and it is not acceptable for noisy bars to open late at night in residential areas;

(viii) Revolution knew that Units 1 and 2 were part of a residential complex when they originally applied for planning permission and accepted those conditions at the time so why should they now be extended?

(ix) For city centre residential areas to survive they need the protection of planning and licensing authorities and the objector considers that sensible

40 business hours for all bars in residential areas in the City Centre should be established (11pm);

(x) The opening hours of this ‘already unruly’ establishment will make life very difficult, especially getting a good night sleep as many flats overlook Vodka Revolution;

(xi) The ‘clientele’ that Vodka Revolution attracts are not people going for a quiet drink – they are binge drinkers who consume as much alcohol as possible before the establishment closes’. The objector considers that extending the hours will allow these people to consume more alcohol and lead to higher levels of anti- social behaviour;

(xii) The objector considers that this application will devalue their property through noise later into the night and additional anti-social behaviour at the entrance to the flats.

PLANNING ASSESSMENT

This application proposes to vary Condition 20 of planning permission 00/01269/FUL to allow a permanent extension to the hours of operation of the Revolution Bar at Units 1-2 The Plaza to between the hours of 0800-0030 hours Monday-Saturday and 0900-0030 hours Sundays and public holidays and to remove the requirement for a management scheme to be submitted to the Council as a scheme has already been approved. The key issues to consider in the determination of this application include the following:

(i) Principle of development: Policy and Land Use; (ii) Impact on the amenity of adjoining residential occupiers; (iii) Noise considerations.

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

Policy and Land Use

The principle of a mixed-use development that includes retail and food and drink uses within The Plaza was established by the original consent in 2000. Furthermore, this application seeks only to vary the hours of use of an existing business such that it is not considered necessary to re-assess the principle of a bar in this location.

However, it is relevant to note that within the Unitary Development Plan, West One lies partly within the Central Shopping Area and partly within a Housing Area. The north side of the Plaza actually forms part of the Central Shopping Area, albeit that it adjoins the Housing Area within which the southern part of the Plaza and the remainder of West One are designated. Policy S3 of the UDP, which relates to development in the Central Shopping Area, advises that shops (Use Class A1), food and drink (A3-A5) and housing (C3) are preferred uses within the Central

41 Shopping Area such that the principle of a bar in this location does accord with the UDP.

Policy S10 of the UDP relates to conditions on development within the Central Shopping Area and states that any development or changes of use within the area should not cause residents to suffer from unacceptable living conditions including air pollution, noise other nuisance or risk to health and safety.

In addition, it must be acknowledged that the site is within the City Centre Housing Priority Zone. In this regard, Policy H12 of the UDP promotes housing in the City Centre where it would help strengthen existing communities and establish new communities in areas not suffering from unacceptable living conditions. Policy H14 also permits new housing provided that residents would not suffer from unacceptable living conditions. This is further strengthened by Policy CS27(e) of the Core Strategy, which relates to housing in the City Centre and advises that further expansion of City Centre living with a mix of tenures and sizes of units will form part of a mix of uses around Devonshire Green.

Finally, it is relevant to note that West One lies within the Devonshire Quarter, as defined within the Council’s Urban Design Compendium. Within the recently adopted Core Strategy, Policy CS17 relates to the City Centre Quarters and advises that the distinctive and fundamental roles of different quarters of the City Centre will be consolidated and strengthened. With specific regard to the Devonshire Quarter, it states that the quarter should be a thriving, distinctive and vibrant area with city living, niche shops, restaurants and bars and a variety of business uses. It is considered that the Plaza does meet the aspirations of Policy CS17 and the principle of extended open hours also serves to add to the vibrancy.

It is evident from the policies outlined above that the application site lies within an area that is deemed to form part of the Central Shopping Area but is also recognized as an important location for City Centre living. Thus, whilst the principle of food and drink uses are clearly acceptable in this location, the amenity of surrounding residential occupiers is a key consideration in the determination of such proposals and in the assessment of this application for a permanent extension to the hours of use of Revolution until 00.30 on any day, as considered in the report below.

Residential Amenity

In October 2004 the Council adopted the City Centre Living Strategy (CCLS), which seeks to address the shape and direction of residential development within the City Centre. Section 4.8 of the CCLS relates to the living conditions for residents and acknowledges the possible tension between housing and late night uses.

Guideline 10 of the CCLS relates specifically to the residential amenity of residents in relation to the extension of hours to A3 and A4 uses and notes that in certain Quarters, the amenity of residents during night-time hours is considered to be important and for new developments involving pubs, bars and restaurants, it is appropriate to set their closing times to prevent undue disturbance. Within the

42 Devonshire Quarter, the guidance recommends that bars should open until 0030 and restaurants to 0100, with which the current and proposed operation of the Revolution Bar is consistent.

However, the CCLS guidelines pre-date the most recent licensing laws and in this respect, do not anticipate the current licensing situation. Consequently, in October 2005, the Council adopted Interim Planning Guidance on Night Time Uses, which sought to pre-empt the introduction of the 2003 Licensing Act and its intention that no closing hours should be specified unless there are exceptional circumstances to limit the hours of opening. The IPG identifies two areas where time limits should be placed; in the Heart of the City/Cathedral and in the Broomspring Area of the Devonshire Quarter, within which the application site is located.

Within these two areas, residential amenity is deemed to be very important and the IPG therefore advises that closing times should, in general, be no later than 0030, which is considered to be a reasonable closing time. In citing the reason for this guideline, the IPG states that people living in the City Centre cannot expect to experience the same levels of quiet as the more suburban part of the City. It notes that with the advent of the 2003 Licensing Act, 0030 is considered to be a time that allows for most evening activities to take place but it also gives residents a period when noise and disturbance should be much reduced. Clearly, this application proposes a closing time of 0030, which is consistent with guidance within the IPG and is therefore acceptable in principle. The IPG does state, however, that if it is considered that unacceptable problems will arise for residents of the area, the Council may refuse consent for that development. The impact on the amenity of nearby residential occupiers is therefore an appropriate consideration.

To this end, it is relevant to note that as part of this application, the applicant has submitted a Noise Assessment, which was designed to investigate the noise impact of the hours proposed as part of this application. The Noise Assessment was actually prepared in January 2009 and submitted in the course of the previous application, which led to the temporary one-year approval (08/05612/FUL). Although undertaken more than 12 months ago, it is determined that the noise characteristics of the area are broadly unchanged and the report remains relevant.

The Noise Assessment considers noise breakout from the building, dispersal of customers from Units 1 and 2, general use of The Plaza and reverberation within The Plaza. Noise measurements were carried out at two locations, one on the roof garden on the south side of The Plaza, and the other at ground level within The Plaza, opposite Revolution. Noise monitoring took place from 2300 to 0100 hours on the evenings of Friday 23 January to Wednesday 28 January 2009. In addition readings were taken on Saturday 24 January only immediately outside Units 1 and 2. The conclusions of the Noise Assessment are summarised below:

(i) There is no significant noise breakout from the building as the sound system in Revolution is fitted with an automatic volume limiting device such that the DJ cannot increase the sound level above a pre-determined threshold;

(ii) On the nights of the survey, the music from within the venue was occasionally audible but the normal noise breakout criteria were being complied with. Noise

43 breakout from Revolution at the residential properties was too low a level compared to other noise sources in the area;

(iii) Revolution has an enhanced sound insulation, including an enhanced glazing system and a fully ducted ventilation system to avoid noise escape straight through ventilation openings and lobbied entrances;

(iv) The dispersion of customers from Revolution all took place via the main entrance on the weekend evenings and very few came back into the Plaza area. On weekdays, there was no security on the lobbied exit to the Plaza but most dispersion still took place directly onto Fitzwilliam Street and there was no prolonged congregation. All dispersion was finished by 00.20 and sometimes earlier;

(v) The monitored noise levels at the weekend within the Plaza after all dispersion from Revolution has ceased were similar to noise levels during dispersion, which suggests that the noise levels in the area are not dominated by the Revolution dispersion and noise levels in the area would remain high even if Revolution closed at 11pm. Noise levels are also generated by customers leaving other premises including The Bowery opposite as well as customers waiting for taxis on Fitzwilliam Street.

It is acknowledged that the previous application to extend the hours of Revolution to 00.30 (08/05612/FUL) was recommended for refusal by Officers despite no objections being received from the Environmental Protection Service. In recommending refusal at that time, the Board Report and Supplementary Report maintained that Revolution is a substantial venue with a large capacity and it is was therefore concluded that it added significantly to the street noise in this location, which was deemed to cause harm to the living conditions of residents, who do not enjoy the same sound attenuation specifications to their flats that other newer residents in newer developments within the City Centre do. The report also suggested that the noise levels were taken in the winter, which is not considered typical as outdoor noise is deemed to be worse during the summer months. In overturning that recommendation, Members felt that street noise could not be attributable to a single venue and a balance had to be struck between residential amenity and night-time economy.

This view is consistent with the evidence outlined in the noise report considered above and the experience of the Council’s Environmental Protection Service (EPS) who advise that no incidents of excessive noise from the Revolution Bar has been witnessed during the temporary period of use up to 00.30, which includes the operation of the bar over the summer months. EPS do acknowledge that the external areas around the bar are very busy, particularly at the weekends and this does result in high levels of noise in the area later than 00.30. However, given the number of bars and restaurants in the vicinity, it is the view of EPS that the noise caused by customers from Revolution would only slightly increase ambient noise levels such that they have no objection to this application.

Whilst the clear concerns of residents within West One are acknowledged, it would appear that there have been no noise problems that are specific to the Revolution

44 Bar within the temporary period. There are clearly some issues with street noise within the locality of the site but these cannot be attributed solely to Revolution. Furthermore, the proposed openings hours until 00.30 is consistent with the IPG, which seeks to balance residential amenity and evening activity and deems 00.30 to be a reasonable closing time within a residential area of the City Centre. On this basis, and bearing in mind the recent approval at The Bowery, it is concluded that it would be unreasonable to refuse the permanent extension of hours to the Revolution Bar solely on the grounds of the impact on the amenity of residents. The proposed extension of hours is therefore considered acceptable in accordance with Policy S10, H10 and H14 of the UDP and guidance within the City Centre Living Strategy and Interim Planning Guidance on Night Time Uses.

Finally, with regard to the proposed amendment to Condition 20 (c) to remove the requirement to submit a management plan to the Local Planning Authority for approval in respect of the operation of the outdoor seating area, a management plan was submitted on 27th June 2007 in association with application 0702576/FUL and was considered acceptable as part of that application. It is therefore considered appropriate to amend Condition 20(c) to require the use and operation of the outdoor seating area in accordance with the hours of use set out in Condition 20 (c) and in accordane with the management scheme approved as part of application 07/02576/FUL dated 27th June 2007.

RESPONSE TO REPRESENTATIONS

It is considered that the objections to this application in relation to noise and disturbance both within the Plaza and the wider locality (representations (i)-(iii) (v) (x) and (xi) are addressed in the report above. A response to the remaining objections is set out below:

(i) With regard to the objectors concern that the entrance to The Plaza via a narrow walkway into an enclosed space has an ‘amphitheatre’ effect; this was considered in the applicant’s Noise Assessment, which advises that noise levels were monitored at two locations within The Plaza and therefore any reverberation (which is effectively the amphitheatre effect) is included within the noise measurements. The report is inconclusive on this point, noting that the amphitheatre effect suggests the focusing of sound from concave surfaces but in this case, there are a variety of convex surfaces so there is more diffusion (breaking up of sound) than would occur in an amphitheatre. The report also confirms the limited scope for any new attenuation measures such as sound absorbent surfaces.

(ii) ‘West One is mainly residential’: Whilst it is the case that the majority of West One lies within a designated Housing Area, the application site is actually within the Central Shopping Area such that this is clearly a City Centre location that supports a mix of uses.

(iii) ‘Revolution knew that Units 1 and 2 were part of a residential complex when they originally applied for planning permission’: Planning permission for the West One complex was granted in 2001, which actually pre-dates the changes to the Licensing Act in 2003 and the introduction of more flexible licensing hours and the

45 potential for 24 hour opening. In this respect, it is suggested that the licensing culture has changed significantly since 2001 and this application is consistent with the approach of other licensed premises in the locality.

(iv) For city centre residential areas to survive they need the protection of planning and licensing authorities and sensible business hours for all bars in residential areas in the City Centre should be established (11pm): The Interim Planning Guidance on Night Time Uses is intended to establish the balance between city centre vitality and residential use with 00.30 deemed a reasonable closing time, with which this application is consistent. Moreover, even the original approval for West One in 2001 allowed food and drink uses to open until 2330 Mondays to Saturdays and 2300 on Sundays and Bank Holidays.

(v) De-valuation of property: the impact of planning applications on the value of property is not a valid planning consideration.

SUMMARY AND RECOMMENDATION

This application proposes the permanent extension to the hours of use of the Revolution bar at Units 1 and 2 The Plaza to enable the venue to open until 00.30 hours each day, inclusive of the drinking up and dispersal period.

The principle of a mixed-use development that includes retail and food and drink uses within The Plaza was established by the original West One consent in 2000. It is noted, however, that a food and drink use in this location is consistent with the site’s designation as a Central Shopping Area within the UDP, in which food and drink uses (A3-A5) are preferred in accordance with Policy S3 of the UDP and also in accordance with Policy CS17 of the Core Strategy, which seeks to achieve a thriving, distinctive and vibrant area within the Devonshire Quarter.

It is acknowledged, however, that the application site adjoins a designated Housing Area and is identified within the UDP as a Housing Priority Zone. Furthermore, Policy CS27(e) of the Core Strategy, which relates to housing in the City Centre advises that further expansion of City Centre living with a mix of tenures and sizes of units will form part of a mix of uses around Devonshire Green. On this basis, the proposed development has also been assessed in the context of protecting residents from unacceptable living conditions in accordance with Policy S10, H12 and H14 of the UDP.

In this regard, the views of objectors within West One, which includes concerns about the concentration of bars in this location and the fact that the apartment windows and doors of many of the objectors face over the Plaza have been taken into account. However, the proposed hour of use, extending to 00.30 on any day, are consistent with Guideline 10 of the Council’s City Centre Living Strategy and the Interim Planning Guidance on Night Time Uses, which identifies the Broomspring Area of the Devonshire Quarter, within which the application site is located, as an area where residential amenity is important such that closing times should, in general, be no later than 0030, which is considered to be a reasonable closing time. Moreover, the application includes a Noise Assessment undertaken as part of the previous submission, which incorporates a noise assessment in the

46 locality of the site that demonstrates (amongst other findings) that there is no significant noise breakout from Revolution itself and that noise levels in the area are not dominated by the Revolution dispersion and would remain high even if Revolution closed at 11pm.

On balance, concerns regarding residential amenity are deemed to be outweighed by the fact that the proposed hours of use are consistent with guidance within the City Centre Living Strategy and the IPG on Late Night Uses, which seeks to balance the residential amenity of city centre residents with the need to ensure the vitality and viability of the City Centre. Furthermore, the hours are also reflective of the opening hours of bars within the locality and the noise within the area cannot be solely attributable to the application site. Given the advice within the IPG that residents within the City Centre cannot expect to experience the same levels of quiet as the more suburban part of the City and that 00.30 is determined within the IPG to be a reasonable closing time in more residential City Centre areas, the application is considered acceptable. It is therefore recommended for approval subject to conditions.

Case Number 10/00029/FUL

Application Type A Full Planning Application

Proposal Use of building as a fat removal clinic (Class D1)

Location 346 Cemetery Road Sheffield S11 8FT

Date Received 11/01/2010

Team SOUTH

Applicant/Agent Mr Christopher Ash

Recommendation Grant Conditionally

Subject to:

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

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

2 Notwithstanding the terms of the Town and Country Planning (Use Classes) Order 1987, or any statutory instrument revoking and re-enacting that Order, the premises shall be used solely for the use hereby permitted and shall not be used for any other purpose within Class D1.

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

3 The premises shall accommodate a maximum of three treatment rooms and a maximum of two staff shall operate from the premises at any one point in time unless otherwise agreed in writing with the Local Planning Authority.

In the interest of highway safety and the amenities of the occupiers of adjoining properties.

4 Prior to the premises being occupied for the use hereby permitted details of the management and operation of the car parking provisions shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the car parking layout shall be operated in full accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority.

48 In the interest of highway safety and the amenities of the occupiers of adjoining properties.

5 No movement, sorting or removal of waste bottles, materials or other articles, nor movement of skips or bins shall be carried on outside the building within the site of the development between 2300 hours and 0700 hours.

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

6 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.

7 The premises shall be used for the purpose hereby authorised only between 0900 hours and 1800 hours, Mondays to Fridays and 1000 hours and 1300 hours on Saturdays and at no time on Sundays or Public Holidays.

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

8 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.

9 The development must be carried out in complete accordance with the following approved documents, drawing numbers 105, 110 Rev AE, 571 Rev A, 570, 301 Rev G and 111 Rev AF unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

49 CS3 - Locations for Office Development H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas

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

Attention is drawn to the following directives:

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

50 Site Location

LOCATION AND PROPOSAL

The application site is located to the north-west of Cemetery Road, approximately 40metres to the north of the traffic island at the junction with Sharrow Vale Road, Sharrow Lane and Psalter Lane.

The site is located within a Housing Area in the Unitary Development Plan. The site adjoins three separate Conservation Areas (Nether Edge, General Cemetery and Porter Brook). In addition there are a number of listed buildings within close

51 proximity to the application site, being the Westbrook Snuff Mill at Sharrow Vale Road, Num 294 Cemetery Road and the Old Chapel within the Cemetery grounds.

A planning consent was previously granted for a mixed-use development comprising; 9 no. x 3 bedroom dwellings, 1 no. x 3 bedroom apartment, 4 no. x 2 bed apartments and 2no. x 1 bedroom apartments. Two separate ground floor B1 office areas were also granted planning consent. At basement level 25 parking spaces were incorporated. The building as permitted is substantially completed.

The current planning application seeks permission for change of use one of the office units, to be used as a Fat Removal Clinic (Use Class D1). The total floorspace involved within the change of use would be 112 sq metres. The developers have been unsuccessful in their marketing of the unit for B1 purposes, and are therefore seeking consent for an alternative use.

RELEVANT PLANNING HISTORY

07/02618/FUL; Mixed used development comprising 9 no. dwellinghouses, 7 no. apartments and B1 office space. Approved - 08.10.2007

10/00032/CHU; Change of use of ground floor unit from Use Class B1 (Business) to Use Class A1 (Shops). This application is currently under consideration and seeks change of use consent for the remaining approved B1 office space. This application will be determined under delegated powers.

SUMMARY OF REPRESENTATIONS

Following neighbour notification 2 written representations have been received. The comments can be summarised as follows:

-Office use would have limited public attendance. Office staff would have parked in the basement parking area. This would have restricted impacts on parking within local area, which is already subject to high levels of parking. -Site is located in a residents parking area, and there are insufficient spaces for existing residents. Agreed as part of the previous planning consent that businesses would not be entitled to parking permits. -Residents parking scheme results in existing office users having to park significant distances from workplace, leading to personal safety issues. -Visitors to proposed shop and/or fat removal clinic will have to use on-road facilities, or existing private parking facilities in neighbouring office developments. Clients to clinic may not be able to safely walk any distance. -Numerous accidents have occurred in the vicinity, as it is located on a very busy road. -No safe location for deliveries to be made to clinic. -Possible adverse odours from fat removal process. Disposal of human waste and medical equipment. No provision for specialised waste storage. -Building is excessive in terms of its massing in a conservation area.

52 PLANNING ASSESSMENT

Policy Issues

The application site is located in a Housing Area. As such the proposed change of use is subject to the provisions of Policy H10 and H14 of the Adopted Unitary Development Plan.

Policy H10 states that D1 uses are acceptable in principle, subject to the criteria in H14 being satisfied. Policy H14 seeks to ensure that proposals for change of use would be provided with appropriate off-street parking, avoid harming the residential character of the housing area, and not lead to air pollution, noise, smell, excessive traffic movements and other nuisance.

Additionally, Policy CS3 of the Sheffield Development Framework Core Strategy makes B1 office uses no longer automatically acceptable in such locations. They are, however, required to be assessed against locational criteria.

The provisions of Planning Policy Statement 4 (Planning for Sustainable Economic Growth) covers policies for town centre uses. A medical use such as that proposed, is excluded from uses described as town-centre uses and as such PPS4 is not relevant to the current assessment.

Therefore, the primary issues are the impact on the character of the area, the proposals impacts upon nearby town centres, the affect on local highway safety circumstances and the impacts on amenities of neighbouring occupiers.

Principle of Use

The proposed change of use relates to a part of the approved building which was granted consent for a non-residential, office use. On this basis the proposed clinic would not be expected to lessen the strong residential character of the locality.

Policy CS3 directs office development to the City Centre, its edge and other accessible locations. The policy does not specify this, or similar locations as being identified for office use. As such there would be no objection to the loss of a small amount of office space according to this policy.

Neighbour Amenities

The clinic is proposed to be open between 0900 hours and 1800 hours on Mondays to Fridays, 1000 hours and 1300 hours on Saturdays and at no time on Sundays or Public Holidays. The proposed opening times would not conflict with the amenities of existing neighbouring occupiers, or residential occupants of the mixed-use development.

The proposed use involves non-surgical and non-invasive treatments. There will be no by-product of the treatments. As a result there will not be any odours or waste products generated by the activity. Therefore the scheme would not lead to

53 the creation of smells, waste or air pollution, therefore avoiding harmful impacts upon residential occupants or local offices.

The extent of vehicular movements associated to the proposed use would be dispersed through the course of a day. The relative absence of any concentrated period of vehicle movement would mean that there would not be a harmful impact on the amenities of neighbouring residential occupiers. The proposal is considered to be acceptable in this regard.

Overall, the proposal is considered to satisfy the provisions of Policy H14 in terms of the impacts upon local residential occupiers.

Highway Issues

The proposed clinic would operate on an appointment basis, with treatments lasting approximately one and a half hours plus an extra half hour for preparation / changing before and after sessions. The Agent has confirmed that there would be expected to be a maximum of 5 to 6 customers per day, with a maximum of two customers being treated simultaneously. There would be a maximum of two full- time staff operating the clinic.

Based upon this information it is considered that the proposed use would be expected to generate a requirement for 2 spaces for the full-time members of staff and 3 spaces for customers (1 for each of the 2 treatment rooms and a third for arriving customers). In total the proposed use would be expected to generate the need for 5 off-street parking spaces.

In considering this element of the proposed change of use, it is helpful to also take into account the parking implications of the current application for the change of use of the remaining portion of the approved office space for retail purposes. This use would be expected to be provided with 2 spaces for staff, and no customer provision.

Overall, the two proposed uses would be expected to be provided with 7 off-street spaces. This amount of parking provision would not be expected to exceed the number of cars which would have been associated with the approved office spaces. As such the current proposal would not result in increased numbers of cars seeking on-street parking within the vicinity of the site compared to the permitted B1 uses.

There are a total of 25 spaces at basement level within the development. In order to ensure that a sufficient number of these spaces are made available for those associated to the proposed use it is necessary to retain control over this aspect. This can be done by imposing a condition to require details of how these arrangements will be managed and operated to ensure spaces are made available at the required times.

In addition to these observations it should be taken into account that parking within the area is controlled by the residents parking scheme and on-street parking controls. As such on occasions when on-street parking did occur it would be

54 dispersed beyond the site’s immediate vicinity and not consistently occur at any particular location or time period.

Any parking occurring within private parking areas of neighbouring office complexes could be enforced against by the operators of those facilities. This would not be a material planning consideration. However, given the above conclusions such an outcome would not be expected to occur.

Overall, the proposal is considered to not result in a detrimental impact upon local highway circumstances, and to avoid significant additional on-street parking. As such the proposal would be considered to be acceptable in this regard, and to satisfy the relevant provisions of UDP policy H14.

RESPONSE TO REPRESENTATIONS

The majority of comments made in neighbour representations have been addressed in the main report. The comment regarding the massing of the building is not relevant to the assessment of the current application.

SUMMARY AND RECOMMENDATION

The application seeks consent for change of use of a space previously authorised to be office space (use class B1) as a fat removal clinic (use class D1). The site is located in a Housing Area within the Adopted Unitary Development Plan. The proposal is considered to avoid having a detrimental impact on the residential character of the area, it would not harm amenities of neighbouring residential / office occupiers and it would have an acceptable impact on local highway circumstances as additional on-street parking would not be expected to occur. As such it would comply with the provisions of UDP policy H14. In addition the proposal would not be contrary to the provisions of CS3 of the Sheffield Development Framework Core Strategy. Therefore the proposal is considered to be acceptable and conditional approval is recommended.

Case Number 09/03963/FUL

Application Type A Full Planning Application

Proposal Erection of dwellinghouse with integral garage

Location Curtilage Of 19 Cavendish Avenue Dore Sheffield S17 3NJ

Date Received 23/12/2009

Team SOUTH

Applicant/Agent Self Architects

Recommendation Grant Conditionally

Subject to:

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

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

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

i) proposed facing materials and/or ii) proposed roofing materials and/or iii)proposed windows and doors and/or

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

In order to ensure an appropriate quality of development.

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

To ensure satisfactory drainage arrangements.

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

To ensure satisfactory drainage arrangements.

5 Before development is commenced, full details of all hard surfaced areas within the site shall have been submitted to and approved by the Local Planning Authority. Such details shall consist of porous materials, or shall direct surface water run off from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse. Thereafter the hard surfacing shall be implemented in accordance with approved details.

In order to control surface water run off from the site and mitigate against the risk of flooding.

6 The proposed dwellinghouse shall not be used unless the car parking provision as shown on the plans has been provided in accordance with such plans and thereafter such car parking shall be retained for the sole purpose intended.

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

7 At all times that 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.

8 The 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 traffic safety and the amenities of the locality.

9 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.

10 The proposed solar water heating panels, shall have been provided, as indicated on the plans, before the use of the proposed dwelling-house is commenced.

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

57 11 The existing means of site enclosure shall be retained, except where indicated for removal on the plans.

In the interests of the visual amenities of the locality.

12 Before the use of the proposed dwelling-house is commenced, the new hedge and fence between 19 Cavendish Avenue and the new house, shall have been provided as indicated on the plans.

In the interests of the visual amenities of the locality.

13 Unless otherwise indicated on the approved plans no tree, shrub or hedge shall be removed or pruned without the prior written approval of the Local Planning Authority.

In the interests of the visual amenities of the locality.

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

15 The windows on the side elevation of the dwellinghouse 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.

16 Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008, or any Order revoking or re-enacting that Order, no enlargement, improvement or other alteration or extension of the dwelling which would otherwise be permitted by Class A to Part 1 of Schedule 2 to the Town & Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 shall be carried out without prior planning permission.

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

58 17 The development must be carried out in complete accordance with the following approved documents, plan reference ; 3797-01E, 3797-02D, 3797- 03C, 3797-04D unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas and SPG - Designing House Extensions H15 - Design of New Housing Developments CS31 - Housing in the South West Area

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

Attention is drawn to the following directives:

1. 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.

59 2. The applicant is advised to contact the Council's Development Services, Land Drainage Group, 2-10 Carbrook Hall Road, Sheffield, S9 2DB (Telephone Sheffield 2735847) to seek approval for the proposed drainage arrangements, as soon as possible, prior to the commencement of development.

3. The Council is responsible for allocating house numbers and road names to both new developments and conversions of existing buildings. Developers must therefore contact the Council’s Street Naming and Numbering Officer on (0114) 2736127 to obtain official addresses for their properties as soon as construction works commence.

4. 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.

5. The applicant is advised that Sheffield City Council, as Highway Authority, require that drives/vehicular access points be designed to prevent loose gravel or chippings from being carried onto the footway or carriageway, and that they drain away from the footway or carriageway, to prevent damage or injury.

6. 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.

7. 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.

8. The proposed development lies within a coal mining area. In the circumstances applicants should take account of any coal mining related hazards to stability in their proposals. Developers must also seek permission from the Coal Authority before undertaking any operations that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current and proposed surface

60 and underground coal mining activity to affect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk.

Site Location

LOCATION AND PROPOSAL

The application site is the side garden of a two storey detached dwelling within an area that is entirely residential in character.

61 The proposal, ( as amended ), involves the erection of a new dwelling-house, ( 11m wide x 10.3m deep x 8.9m high to the ridge and x 5.2m high to the eaves ), within the side garden of 19 Cavendish Avenue, Dore.

The site is 14.5m wide x 48m long and fronts onto Victor Road. The proposed house would offer the following accommodation ;

Ground Floor – Integral garage, lounge, diner, conservatory, breakfast kitchen, utility room, porch and wc.

First Floor – 4 bedrooms, 2 with en-suites, dressing-room and bathroom.

Second Floor – 2 bedrooms and a shower-room.

RELEVANT PLANNING HISTORY

89/03090/OUT – Erection of a dwelling-house – Granted conditionally - 15th January 1990.

93/01822/OUT – Erection of a dwelling-house – Granted conditionally – 10th January 1994.

09/01963/FUL – Erection of a dwellinghouse with an integral garage Granted conditionally - 3rd of September 2009.

SUMMARY OF REPRESENTATIONS

2 letters of objection were received from adjoining properties on the grounds that the proposed six bedroomed property is larger than indicated at outline stage and would constitute an overdevelopment of the site, extending 3m beyond the existing rear building line of 8 Victor Road and overshadowing them. The 1st and second floors should be set back. A smaller 4 bedroomed property would be more appropriate.

The proposed ridgeline exceeds that of adjoining properties and the proposed windows would overlook the garden of No.17 Cavendish Avenue, affecting their privacy.

PLANNING ASSESSMENT

Policy

The site is located within a Housing Policy Area, under the Sheffield Unitary Development Plan, 1998 and Housing is the preferred use, under Policy H10, (Development in Housing Areas), provided that it does not overdevelop the site or cause undue loss of privacy, security or amenity, for neighbouring properties, under policy H14, (Conditions on Development in Housing Areas). Policy CS31 of the Core Strategy seeks to safeguard and enhance areas of character in South West Sheffield. It recognises the concentration of attractive and distinctive neighbourhoods in this area and states that the scale of new

62 development will be defined by what can be accommodated at an appropriate density including through infilling.

Design and Impact

The proposed dwelling-house will be constructed in natural coursed stone, with cast stone headers, cills, stringcourse and corbels, concrete tiles and a glazed rear conservatory. The South East orientation will encourage solar gain and the solar panels are proposed on a South West facing gable roof.

The proposed ridgeline will be slightly lower than that of No.19 Cavendish Avenue adjoining and since the surrounding properties are large detached 2 or 2½ storey dwelling-houses, in a mix of materials and styles, the proposed height, design and materials, are considered to be satisfactory in this location. The scale and density maintain the existing character of neighbouring development in line with the aims of Policy CS31.

The proposed 2½ storey rear building line has been reduced 800mm and will project only 2m beyond the rear building line of No.8 Victor Road, 4m away.

A proposed rear conservatory will project out a further 3.8m and has been amended, to ensure a 45º angle to the rear windows of No.8 Victor Road. An existing 2.5m high beech hedge to the boundary is to be retained as a screen.

The proposed rear building line will project 4m beyond the garage of 19 Cavendish Avenue, however at a distance of 2.8m away, this should not have any undue impact upon the occupiers of this property. A hedge and fence are to be erected to form the new boundary between No.19 and the proposed new house.

The proposed house will be 20m away from the bottom of the garden of 17 Cavendish Avenue and 47 metres away from 9 Thornsett Gardens to the rear and will be screened by existing trees and hedges and should not have any undue impact upon them at this distance.

Landscaping

The proposals require the removal of 7 small ornamental trees in the centre of the site, ( 5 fruit trees, a small laburnum and a decayed willow ). These have been inspected and none are of sufficient quality to prevent their removal.

An existing stone boundary wall, 2m high hedge and trees, are to be retained on the site frontage, ( except where removed for access purposes ) and the existing hedge to the side boundary with 8 Victor Road is to be retained along with hedges and trees to the rear boundaries are to be retained for screening purposes.

HIGHWAYS

The existing drive, car parking and garages to No19, are to be retained, with a new access, integral garage, car parking and turning facilities, being provided for the new dwelling-house.

The amended proposals include a new access, with 2m x 2m visibility splays which do not raise any highway safety concerns.

RESPONSE TO REPRESENTATIONS

The ridgeline is slightly lower than that agreed at outline and is lower than that of 19 Cavendish Road adjoining and this is considered to be acceptable.

The building line has been set back in relation to 8 Victor Road and now projects only 2m beyond their rear building line at 2½ storey level. The single storey conservatory has been amended to chamfer the corner so that a 45º angle is maintained to the rear windows of 8 Victor Road, as required by the Housing Design, Supplementary Planning Guidance.

SUMMARY AND RECOMMENDATION

The proposals are recommended for approval subject to appropriate conditions.

Case Number 09/03921/FUL

Application Type A Full Planning Application

Proposal Erection of 5 dwellinghouses with associated landscaping and garages and improvements to retained woodland area (amended description).

Location Land To The Junction Of School Street And Station Road (Rear Of Vine Grove Farm) Mosborough Sheffield

Date Received 18/12/2009

Team CITY CENTRE AND EAST

Applicant/Agent DLP Planning Ltd

Recommendation Grant conditionally subject to the completion of a Legal Agreement

Subject to:

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

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

2 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008, Part 1 (Classes A to G inclusive), and the Town and Country Planning (General Permitted Development) Order 1995, 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 any dwellinghouse 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, and in the visual and ecological interests of the locality.

3 Before the development is commenced samples of all proposed external materials and finishes, including windows, shall be submitted to and

65 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 The development shall be carried out using:

a) Natural stone. b) Natural slate. c) Timber garage doors. d) Timber windows.

In order to ensure an appropriate quality of development.

5 Before any work on site is commenced, a comprehensive and detailed hard and soft landscape scheme for the section of site connected to the dwellinghouses shall have been submitted to and approved in writing 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.

6 Before any work on site is commenced a Woodland and Ecology Management Plan shall be submitted to and approved in writing by the Local Planning Authority, which shall include:

a) Short, medium and long term aims and objectives. b) Management responsibilities. c) An annual work programme and maintenance schedules. d) Details and locations for bird and bat boxes. e) A method statement for dealing with the Japanese Knotweed across the site. f) A final method statement for works to the brick kiln, which shall include how the presence of protected species would be mitigated against. g) Locations of any seats, bins etc.

The agreed Woodland and Ecology Management Plan shall be implemented at all times thereafter and any amendments shall first receive the written agreement of the Local Planning Authority.

In the interests of the amenities of the locality.

7 Notwithstanding the hereby approved plans the final locations of the paths that run through the retained woodland area are not approved and before development commences revised locations and surfacing materials shall

66 have been submitted to and approved in writing by the Local Planning Authority. These paths shall be in place before first occupation or in an alternative timeframe to be agreed in writing by the Local Planning Authority.

In the interests of protected species.

8 Before development commences a revised location and full details of the information board shall have been submitted to and approved in writing by the Local Planning Authority. The board shall have been erected in accordance with these details before first occupation or in an alternative timeframe to be agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

9 Before development commences full details of the proposed boundary treatment shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with these details thereafter.

In the interests of the amenities of the locality.

10 One month before development commences and immediately prior to works commencing surveys shall be carried out of the development site and its surroundings to identify if any protected species have created any new habitats. If new habitats are discovered then works must stop until the appropriate licences have been obtained from Natural England.

In the interests of protected species.

11 The main development site shall be fenced off prior to any works starting on site. This fencing shall be retained until the development has been completed.

In the interests of protected species.

12 Before any work on site is commenced, measures to protect the existing trees & hedges to be retained shall be submitted to and approved in writing 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. The protected areas shall not be disturbed, compacted or used for any type of storage or fire, nor shall the retained trees 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.

67 13 Before any work on site is commenced details of cycle parking and bin storage, which shall include screening as relevant, shall have been submitted to and agreed in writing by the Local Planning Authority. The agreed details shall have been implemented before the development is occupied and thereafter retained.

In the interests of the amenities of the locality.

14 Unless it has been shown not to be feasible and/or visible, before development commences full details of how the development will provide a minimum of 10% of its predicted energy needs from decentralised and/or renewable or low carbon energy sources shall have been submitted to and approved in writing by the Local Planning Authority. The agreed details shall have been implemented in full working order before the development is occupied, unless an alternative timeframe is agreed in writing by the Local Planning Authority, if it is the latter then the revised timeframe shall be adhered to. Thereafter the agreed equipment, connection and/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.

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

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

16 Development shall not commence until actual or potential land contamination and ground gas contamination at the site has been investigated and a Phase 1 Preliminary Risk Assessment has been submitted to and approved in writing by the Local Planning Authority. Reports shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004).

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

17 Should further intrusive investigation be recommended in the Phase 1 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. Reports shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004).

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

18 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 process, the Local Planning Authority shall be notified immediately. Revisions to the Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority. Works shall thereafter be carried out in accordance with the approved revised Remediation Strategy.

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

19 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 ensure that any contamination of the land is properly dealt with.

20 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.

21 The development shall not be occupied 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 the safety of road users.

22 The development shall not be occupied unless the car parking accommodation as shown on the approved plans has been provided in

69 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.

23 No development shall take place until the applicant, their agent, or their successor in title, has secured the implementation of a programme of archaeological works 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.

24 Unless alternate details are required to comply with other relevant planning conditions, the development shall be completed in strict accordance with the following plans: YK111O/D/PO3 (REV:A) (received on 22 January 2010), YK111O/D/PO4, YK111O/D/PO5 (REV:A) (received on 22 January 2010) & YK111O-D/PLO2 (REV:B) (received on 1 February 2010).

In order to define the permission.

25 Notwithstanding the hereby approved plans, before development commences revised details shall have been submitted to and approved in writing by the Local Planning Authority increasing the width of the garage adjoining plot 5 by 1.5-metres. The development shall be carried out in accordance with these details thereafter.

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

Attention is drawn to the following justifications:

BE5 - Building Design and Siting BE15 - Areas and Buildings of Special Architectural and Historic Interest GE10 - Green Network GE11 - Nature Conservation and Development H14 - Conditions on Development in Housing Areas H16 - Open Space in New Housing Developments CS24 - Maximising the Use of Previously Developed Land for New Housing CS26 - Efficient Use of Housing Land and Accessibility CS47 - Safeguarding Open Space CS64 - Climate Change, Resources and Sustainable Design of Developments

70 CS65 - Renewable Energy and Carbon Reduction

On balance, the proposed residential development has been considered acceptable on this greenfield site, despite some landscape and ecology concerns. Greater weight has been given to the new core strategy policies, the minimal scale of the development and its good design, the wider landscape and ecological improvements that are proposed, citywide targets for brownfield and greenfield developments and the sustainable location of the site.

Attention is drawn to the following directives:

1. The applicant is advised that the vehicle access route into the site from the junction with School Street into the proposed development, including the turning head, will need to be constructed to an adoptable standard, subject to a Section 38 Agreement, and offered to the Highway Authority for adoption and maintained at the public expense.

2. 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.

3. You are required as part of this development, to carry out works within the public highway: As part of the requirements of the New Roads and Street Works Act 1991 (Section 54), 3rd edition of the Code of Practice 2007, you must give at least three months written notice to the Council, informing us of the date and extent of works you propose to undertake.

The notice should be sent to:-

Sheffield City Council Highways and Transport Division Howden House 1 Union Street Sheffield S1 2SH

For the attention of Mr P Vickers

71 Please note failure to give the appropriate notice may lead to a fixed penalty notice being issued and any works on the highway being suspended.

4. 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

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.

72 Site Location

LOCATION AND PROPOSAL

This application relates to an area of informal woodland on the corner of Station Road and School Street. The application site is set on the eastern fringe of Mosborough Village and forms part of the former Vine Grove Farm land holding.

The applicant wishes to erect 5 two-storey stone dwellinghouses on a section of the site. This element of the scheme also includes 6 garages set in two blocks and a degree of landscaping within a large courtyard. Each of the properties will be provided with private garden space and vehicle access into the scheme is from

73 School Street. Works to the wider site include various improvements to the retained woodland, which includes restoration works to a brick kiln and the creation of new access paths for the general public.

Although relatively easy to access in places, the application site is largely covered by native deciduous woodland, a number of self set trees and areas of dense scrub. An open sided barn and brick kiln exist on the site and provide evidence of its former agricultural use. Historically there were other structures on the site, including a farmhouse; however, no obvious evidence of these structures remains.

There is a small quite modern residential development located across Station Road to the north of the site, whilst the more historic sections of Mosborough Village are set to the south and west. There are a number of small residential developments taken off School Street, including Vine Grove Court, which is adjacent to the application site. The majority of housing immediately to the south and west of the site is constructed in a traditional style to reflect the historic rural nature of the area.

The site is located within a Housing Area, is adjacent to an Area of Special Character and forms part of the Green Network, as defined by the Sheffield Unitary Development Plan (UDP). There are also protected species and Tree Preservation Orders on the site.

RELEVANT PLANNING HISTORY

Outline applications have been refused to develop the entire site for residential purposes under planning references 97/00362/OUT & 00/00316/OUT for various reasons, including the detrimental impact it would have on the Green Link and Network; protected species and nature conservation; and the loss of mature trees and landscaping protected by a Tree Preservation Order.

Outline consent was refused in 2003 (Ref. 03/04063/OUT) to develop a site for a scheme for 5 dwellinghouses with a similar development footprint to that proposed. This scheme was refused for the following reasons:

1. The Local Planning Authority consider that owing to the location of the proposed dwellings within the site and the construction of the vehicle access road, the proposal would have a detrimental impact upon the green and open character of the site and the protected species within it. As such it is contrary to the aims of Policies GE10 and GE11 of the Unitary Development Plan for Sheffield.

2. The Local Planning Authority consider that the proposal represents the development of a greenfield site that is of considerable local amenity value, in both visual and ecological terms. An extensive supply of previously developed land exists within the city, and as such the proposal is considered to be contrary to the aims of Planning Policy Guidance 3 'Housing'.

The main difference between this application and the one being presented to Members relates to a greater local flexibility around the development of greenfield land introduced by the Sheffield Development Framework Core Strategy, which is discussed in more detail below.

An outline application was refused to develop a section of the site set closer to the junction of Station Road & School Street for residential purposes under planning reference 03/00021/OUT for the following reasons:

1. The Local Planning Authority consider that owing to the location of the proposed dwellings within the site and the construction of the vehicle access road, the proposal would have a detrimental impact upon the green and open character of the site, and the protected species within it. As such it is contrary to the aims of Policies GE10 and GE11 of the Unitary Development Plan for Sheffield.

2. The Local Planning Authority considers that the proposal represents the development of a green field site that is of considerable local amenity value, in both visual and ecological terms. An extensive supply of previously developed land exists within the city, and as such the proposal is considered to be contrary to the aims of Planning Policy Guidance 3 'Housing'.

An application to erect 5 dwellings in a similar location to this application was withdrawn in 2005 under planning reference (05/02638/OUT).

SUMMARY OF REPRESENTATIONS

There have been 9 letters of representation in respect of this application.

Moss Valley Wildlife Group

Two representations have been received from this group, raising the following concerns.

- The question of whom and how the remaining woodland is to be managed needs to be addressed.

- Unregulated access to the brick kiln should be resisted in order to ensure the habitat of protected species if protected.

- The area should be maintained as an open space and green corridor for the benefit of local wildlife.

- The locations of all protected species habitats should be identified, but kept confidential.

- The Japanese Knotweed on the site must be managed.

- Instead of building houses could the site be managed and maintained as a wildlife site/reserve by the Trustees of Maurice Peat.

Mosborough Village Action Group made the following comments:

- Development of the area has been refused several times and the group had been led to understand that the site would not be developed further.

- The development would have a detrimental effect upon the green and open character of the area and the protected species within it. It would therefore be contrary to Unitary Development Plan Policy GE10 & GE11.

- The proposed landscaping works would be out of character, would disturb wildlife and leave the protected species within the site open to danger.

Two further letters of representation had been received from separate groups who have an interest in protected species. These representations state:

- There are a number of positive sustainability features in the planning application and it is evident that the applicant has thought about the impacts on the ecology and sustainability of the project.

- The development could have a detrimental impact on the protected species within the site, which should be properly considered.

- Are there more suitable sites available elsewhere?

- The development could provide alternative roosting opportunities for bats.

- The development would have an impact on an existing Green Network.

- The Japanese Knotweed must be removed from the site.

- Who will be responsible for carrying out the woodland management plan?

Three individual letters of representation object to the proposal and state the following:

- The application would have a detrimental impact on protected species.

- A lot of development has already taken place in the area.

- The development would lead to a loss of views.

- The buildings should be designed to blend in with those already in the area.

- The development will result in the loss of trees.

- What is happening to the kiln.

- The area needs a road crossing.

Two representations express support for the development with conditions and state the following:

- It would make good use of the current derelict area.

76 - No harm comes to the protected species on the site.

- The landscaped area is suitably maintained.

- Boundary treatments need proper consideration owing to anti social behaviour issues.

PLANNING ASSESSMENT

It should be noted that since the 2003 application was considered for the site (Ref. 03/04063/OUT) the Sheffield Development Framework Core Strategy has been introduced and this application must be considered in relation to this new policy context. Most notable is the introduction of Policy CS24: Maximising the Use of Previously Developed Land for New Housing, which introduced further policy considerations in terms of the local appropriateness of developing greenfield sites. This is discussed further in the Green Field / Open Space Section of this report.

Land Use

The site is located within a Housing Area as defined within the UDP. As such, the land use principle of developing housing on this site is considered to be acceptable, subject to various other considerations.

Nature Conservation / Landscape

Planning Policy Statement 9: Biodiversity and Geological Conservation sets out 3 key objectives in this regard, which includes conserving, enhancing and restoring the diversity of England’s wildlife by sustaining, and where possible improving, that quality and extent of natural habitat.

Policy CS47: Safeguarding of Open Space within the recently adopted Sheffield Development Framework Core Strategy (CS) states that new development must not result in the loss of open space that is of high quality or of heritage, landscape or ecological value. CS47 goes on to state that it may be appropriate that part of an open space is developed if it secures improvements to the quality of remaining open space.

Policy GE10: Green Network within the UDP states that green corridors and green links will be protected from development which would detract from their mainly green and open character or which would cause serious ecological damage.

Policy GE11: Nature Conservation and Development within the UDP states that the natural environment should be protected and enhanced. The design, siting and landscaping of development should respect and promote nature conservation.

Policy BE15: Trees and Woodland within the UDP states that trees and woodland will be encouraged and protected by:

- Planting, managing and establishing trees and woodland.

77 - Requiring developers to retain mature trees, copses and hedgerows, wherever possible, and replace any trees which are lost.

The proposals and supporting documents have been assessed by the City Council’s Ecology Team and it is considered that the development site is set a sufficient distance from protected species to ensure their natural habitat is sustained. The scheme also includes proposals to improve the quality of habitat for roosting bats by improving the existing kiln.

Although the area of development forms part of a green corridor, given the limited scale of the development and, given that there would still be over 170 metres of open space remaining to the east of the built development, this will ensure that no undue adverse impact will result to the wider green and open character of this corridor.

There are a number of trees within the woodland covered under various Tree Preservation Orders (TPO), the majority of which are set a distance from the development fronting Station Road or to the east. The development will be set outside of the canopies of the remaining TPO trees, which are set in closer proximity and, through the imposition of planning conditions, suitable protection measures will be implemented to ensure these trees, and indeed other trees and hedgerows, are protected during development. The development will also result in improvements in the overall upkeep of the wider woodland area, which includes the adoption of a Woodland and Ecology Management Plan.

The proposal is therefore considered to accord with the spirit of PPS9 and Policies CS47, GE10, GE11 & BE15.

Green Field / Open Space

Planning Policy Statement 3: Housing (PPS3) states that, the definition of greenfield land includes land that has been previously-developed, but where the remains of the permanent structure or fixed surface structure has blended into the landscape in the process of time to the extent that it can reasonably be considered as part of the natural surroundings. It is considered that the application site falls within this definition and is therefore a greenfield site.

PPS3 states that the priority for development should be previously developed land, in particular vacant and derelict sites and buildings. PPS3 goes onto state that at least 60% of new housing should be provided on brownfield sites, but advocates the setting of locally specific targets.

Policy CS24: Maximising the Use of Previously Developed Land for New Housing within the CS states that, no more than 12% of dwelling completions will be on greenfield sites in the period between 2004/05 and 2025/26. CS24 goes onto state that housing on greenfield sites will only be developed in certain circumstances, which includes on small sites (less than 15 units) within existing urban areas and larger villages, where it can be justified on sustainability grounds.

78 Policy CS24 introduced further considerations in terms of the local appropriateness of developing greenfield sites, which the previous applications, in particular the 2003 scheme (Ref. 03/04063/OUT), did not take account of. These new considerations do, in some instances, allow a more flexible approach to developing greenfield land based on site specific circumstances.

Policy CS47: Safeguarding of Open Space within the CS sets out several criteria that must be met for the development of open space to be considered acceptable. It states that development of open space will be permitted where:

- It would not result in a quantitative shortage of either informal or formal open space in the local area.

- It would not result in the loss of open space that is of high quality or of heritage, landscape or ecological value.

- People in the local area would not be denied easy or safe access to a local park or to smaller informal open space that is valued or well used by people living or working in the local area.

- It would not cause or increase a break in the city’s Green Network.

- The site is identified as surplus for its current open space function and it could not fulfil other unsatisfied open space needs.

Although classed as greenfield within PPS3, the development is less than 15 units, will not result in the 12% threshold for dwelling completions on greenfield sites being exceeded and is in an existing urban area. In addition to this, given that it is within easy walking distance of the centre of Mosborough Village and its associated facilities, and, as it has already been demonstrated that the ecological impact of the scheme will be acceptable, the principle of developing housing on this greenfield site is considered to accord with Policy CS24.

The site is classed as natural & semi-natural green space, and, following an open space assessment of the area, the provision of such space falls slightly below the requirement standard (2.78 hectares (ha) per 1000 population, rather than 3.04ha per 1000 population). Despite this slight deficiency, there are several sites locally that could have been considered within the same category but have been included as amenity green spaces. Although some of the various open space categories are very distinct, in the case of natural & semi-natural green space and amenity green spaces, there are many similarities.

With this in mind, and given that the level of amenity green space in the catchment area is far greater than the required standard (2.10ha per 1000 population, rather than 0.56ha per 1000 population), and that overall provision exceeds the recommended level, it is considered reasonable in this case to accept that there is adequate provision locally.

It has already been demonstrated within the Green Field / Open Space section of this report that the development would not result in the loss of open space that is

79 considered to be of a significant heritage, landscape or ecological value, and that the scheme would not create a break in the city’s Green Network. It has also been identified within the open space assessment that the area has no unsatisfied open space needs that this site could satisfy given its scale and location.

The proposal is therefore considered to be within the spirit of PPS3 and to accord with the requirements of Policies CS24 & CS47.

Residential Amenity

Section c) of Policy H14: Conditions on Development in Housing Areas within the UDP states that new development or change of use applications in such areas should not be over developed or deprive residents of light, privacy and security.

The proposed scheme will offer suitable outlook from all habitable rooms, suitable privacy distances and adequate private garden areas for each dwelling.

The proposal is considered to accord with section c) within Policy H14.

Design

Section a) of Policy H14: Conditions on Development in Housing Areas within the UDP states that new buildings should be well designed and in scale and character with neighbouring buildings.

Policy BE5: Building Design and Siting states that new buildings should compliment the scale, form and architectural style of surrounding buildings.

The proposed scheme will incorporate natural stone, natural slate and timber windows, which is viewed as essential in such a sensitive location.

The overall appearance, scale and massing of the scheme is considered to reflect the historic rural character of the area, which gives an impression of a main farmhouse with ancillary buildings attached.

The proposal is therefore considered to accord with section a) Policy H14 & Policy BE5.

Highways

Section d) of Policy H14: Conditions on Development in Housing Areas within the UDP states that new development should be well laid out with all new roads serving more than five dwellings being of an adoptable standard.

The proposal will provide 10 parking spaces for the five dwellings, which is considered to meet the required standards in this relatively sustainable location.

The applicant has agreed to construct the access road and turning head to an adoptable standard.

80 The proposal is considered to accord with section d) within Policy H14.

Sustainability

Policy CS64: Climate Change, Resources and Sustainable Design of Development within the CS sets out a suite of requirements in order for all new development to be designed to reduce emissions. In practice, to satisfy the main body of the policy residential developments of five units or more should achieve Code Level 3 within the Code for Sustainable Homes.

Policy CS65: Renewable Energy and Carbon Reduction requires new residential developments of five units or more to achieve a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy.

The energy conservation credentials of the scheme are considered to be acceptable. The developer has agreed to meet Code Level 3 within the Code for Sustainable Homes and, if it proves viable and/or feasible, to provide 10% of the scheme’s energy through renewable sources

The development is also located in easy walking distance of local shops and other modes of public transport and includes other sustainability measures including cycle parking.

The proposal is considered to meet the requirements set out within Policies CS64 & CS65.

Density of Development

Policy CS26: Efficient Use of Housing Land and Accessibility within the CS requires appropriate housing densities to ensure the efficient use of land. Within urban areas, such as the application site, it is anticipated that densities would be between 30 to 50 dwellings per hectare, although the policy does allow densities outside these ranges where they achieve good design, reflect the character of an area or protect a sensitive area.

The density of development is 25 dwellings per hectare, which has been calculated just using the built form and associated curtilages. Although below the targets, it is considered that the development is characteristic of the historic rural character of the area, which includes a large courtyard space. It is also evident that the area surrounding the site has various sensitivities and this scale of development is considered to be correct to ensure the various ecological and open space issues are suitably managed.

The proposal is therefore considered to accord with Policy CS26.

Archaeology

Following consideration of the submitted Archaeological Desk Based Assessment, it is considered that there is potential for items of archaeological interest to be

81 found on the site, as such, a condition is recommended in order to secure further archaeological investigations.

S106 Open Space Requirements

The Open Space Assessment for the area surrounding the site has confirmed that there is an under provision of formal recreation space, including children’s play facilities, and an over provision of informal recreation space. The applicant has therefore agreed to make a contribution to the enhancement of open space within the vicinity of the site, in accordance with the requirements of Policy H16 of the UDP.

The S106 Contribution will therefore equate to £8,528 for the provision of open space within the catchment area, which will be utilised following consultation with the relevant Community Assembly.

RESPONSE TO REPRESENTATIONS

A condition is to be included in any consent in order to revisit the location of new paths to ensure they do not give direct access to the brick kiln, which will ensure the habitat of protected species is not disturbed.

A condition is to be included in any consent to remove the Japanese Knotweed from the site.

The impact on views is not a planning consideration.

The limited scale of the development does not warrant the provision of a road crossing in the area.

SUMMARY AND RECOMMENDATION

The site is located within a Housing Area, and, therefore, the principle of developing housing on this site is accepted

Following assessment by the City Ecologist, it is considered that the development footprint is set a sufficient distance from protected species to ensure their natural habitat is sustained.

Although the area of development forms part of a green corridor, given the limited scale of the development, it is not considered that any undue adverse impact will result to the green and open character of this corridor given the amount of open space that will be retained to the east.

The majority of the trees that are covered by Tree Preservation Orders (TPO) are set a sufficient distance from the development site so not as to be impacted. The development will not be set within the canopies of the closer TPO tress, which is considered to be acceptable. The development will also result in improvements in the overall upkeep of the wider woodland area.

82 The proposal is therefore considered to accord with the spirit of PPS9 and Policies CS47, GE10, GE11 & BE15.

As the development is less than 15 units, will not result in the 12% threshold for dwelling completions on greenfield sites being exceeded, and is in an existing urban area, the principle of developing housing is considered to accord with Policy CS24.

The overall provision of open space in the catchment area exceeds the recommended level and therefore this development would not result in a quantitative shortage.

The proposal is therefore considered to be within the spirit of PPS3 and to accord with the requirements of Policies CS24 & CS47.

The proposed scheme allows suitable living conditions for existing and surrounding residents.

The proposal will use natural materials and will be designed to reflect the historic rural character of the area, which is welcomed.

The energy conservation credentials of the scheme are considered to be acceptable and include meeting Code Level 3 within the Code for Sustainable Homes. The proposal is therefore considered to meet the requirements set out within Policies CS64 & CS65.

Although the scheme is set below the density targets, it is considered that this ensures the various ecological and open space issues are suitably managed. The proposal is therefore considered to accord with Policy CS26.

The scheme is therefore recommended for conditional approval subject to a signed Section 106 Agreement.

Heads of Terms

The owner shall pay to the Council on or before commencement of the development the sum of £8,528 to be used for the provision or enhancement of open space in the locality.

In the event that a satisfactory S106 planning obligation covering the Heads of Terms set out in the preceding paragraph is not concluded before 18 March 2010 (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

Case Number 09/03912/FUL

Application Type A Full Planning Application

Proposal Provision of porch extension to first-floor residential flat, alterations at ground floor level to form a self- contained residential flat and alterations to form a new external staircase/landing/terrace area.

Location 535A Ecclesall Road Sheffield S11 8PR

Date Received 14/12/2009

Team SOUTH

Applicant/Agent MG Design Services Ltd

Recommendation Refuse with Enforcement Action

Subject to:

1 The Local Planning Authority consider that the proposed first-floor porch extension would result in unacceptable overlooking to and/or from adjoining residential property, leading to unacceptable loss of privacy, and would therefore be contrary to Policy S10 and H14 of the Sheffield Unitary Development Plan.

2 The Local Planning Authority consider that the proposed external staircase and first-floor landing/terrace area would result in unacceptable overlooking to and/or from adjoining residential property, leading to unacceptable loss of privacy, and would therefore be contrary to Policy S10 and H14 of the Sheffield Unitary Development Plan.

3 The Local Planning Authority consider that the proposed ground floor flat accommodation would, owing to the lack of outlook from main habitable rooms and lack of amenity space create a poor living environment for any potential future occupants and therefore in this respect, the proposal would be contrary to Policy S10 of the Sheffield Unitary Development Plan.

Attention is drawn to the following directives:

1. The Director of Legal Services has been authorised to take all necessary steps, including enforcement action and the institution of legal proceedings, if necessary, to secure the removal of the external staircase, landing area

84 and the rear ground floor extension . The Local Planning Authority will be writing separately on this matter.

Site Location

LOCATION AND PROPOSAL

This is a part retrospective application in the Ecclesall Road District Shopping Policy Area for alterations and extensions to an existing ground floor commercial storage area to form a self-contained residential flat. The applicant has indicated that the proposed self-contained flat is ancillary to the first-floor flat. However the proposed new accommodation is a self-contained unit and certainly capable of

85 being occupied independently to the first-floor flat. It has no direct link to the first floor flat, which is let to students. It should therefore be assessed on the basis of it being a separate self-contained flat). The proposal is also for a first floor extension to form a porch to an existing first floor residential flat.

The application site immediately adjoins the Nonnas café/restaurant/bar establishment which extends from 535 to 541 Ecclesall Road. The application site is currently the first floor flat above 535 Ecclesall Road and, the vacant accommodation previously used as the rear storage space in connection with a retail shop prior to the Nonnas establishment extending into the front of 535 Ecclesall Road.

The adjoining property at 533 Ecclesall Road is currently vacant but it was previously used as an estate agents office (Use Class A2). Number 533 Ecclesall Road has a single storey flat-roof extension that covers the whole of the rear yard area. There is no access to the roof of the flat roof extension. Beyond the immediate neighbour (533), is number 531 Ecclesall Road, a charity retail shop (Use Class A1), this property (531) has a large imposing 2-storey rear off-shot extension that occupies the whole rear yard area and abuts the rear party boundary with neighbours at the rear on Neill Road.

The properties at the rear on Neill Road are all in residential use and fall within a Housing Policy Area.

In essence, this proposal incorporates 3 elements of development:-

The ground floor accommodation at the rear of (and forming part of) the original 535 Ecclesall Road will be extended by approximately 1 metre upto and adjacent to the rear party boundary with properties on Neill Road. The extension (which has already been partially constructed) will be flat roofed and will have dimensions measuring approximately 5 metres wide by one metre deep and will by 2.7 metres high. This extended ground floor accommodation will then be used as a self- contained one bedroom flat.

A new external staircase and landing area is proposed (now already partially constructed) to allow access to an existing first-floor residential flat above 535 Ecclesall Road. The new staircase and landing incorporates a 1.2 metre high galvanised steel balustrade which also abuts the rear party wall boundary with neighbouring residential properties on Neill Road.

The third element of the application is for a first floor porch extension to the existing first-floor residential flat above 535 Ecclesall Road. The proposed porch will have dimensions measuring 3.1 metres deep by 1.9 metres wide and 3.0 metres to the ridge (2.8 metres to the eaves). The proposed first-floor porch will be constructed using timber and glass.

86 RELEVANT PLANNING HISTORY

Previous planning applications relating specifically to this site include:-

75/00393/FUL – Application for a single-storey ground floor rear extension to a hairdressing salon. This application was approved on the 12th March 1975.

86/00120/FUL – Application for use of first floor accommodation as offices. This application was conditionally approved on the 26th February 1986.

01/01107/FUL – Application for a two-storey rear off-shot extension (in order to expand the hairdressing business). This application was refused by the Local Planning Authority and, subsequently dismissed on Appeal. The Appeal Inspector considered that the proposed extension would have a detrimental impact on the amenities of adjoining residents (including residential neighbours on Neill Road) in terms of the over-dominant size of the extension causing significant harm to visual amenity and loss of natural daylight.

01/01634/FUL – This application was submitted and approved following the dismissed planning appeal. This was an application for a two-storey rear extension (but of a much reduced scale to that dismissed on appeal). This application was conditionally approved on the 28th May 2002.

02/03680/FUL – This was an application for alterations and a two-storey rear extension to the premises to form 2 flats and retaining a front ground floor retail shop. This application was refused (under delegated powers) on the 4th of July 2003. The reasons for refusal were that the proposed development would be detrimental to the amenities of the locality and occupiers of adjoining property owing to the overbearing scale, massing and size of the two-storey rear extension; and that the proposed development would constitute an over-development of the site with no provision of amenity space on the site for use by the future occupants.

03/03141/FUL – This was an application for a two-storey rear off-shot extension to the building for use as residential accommodation. This application was refused on the 16th January 2004. The reasons for refusal were that the proposed development would constitute an over-development of the site and would result in no provision of amenity space for the future occupants of the accommodation and, that the proposed development would lead to direct overlooking and loss of privacy to neighbouring residents on Neill Road.

SUMMARY OF REPRESENTATIONS

No representations have been received.

PLANNING ASSESSMENT

Policy Issues

The site lies within a District Shopping Centre (DSC) as designated in the Unitary Development Plan (UDP). UDP policies S7 ‘Development in District and Local

87 Shopping Centres’ and S10 ‘Conditions on Development in Shopping Areas’ and H5 ‘Flats, Bed-sitters and Shared Housing’ are most relevant in assessing the merits of the application proposals.

UDP Policy S7 accepts housing (Use Class C3) as being acceptable in principle in District and Local Shopping Policy Areas and whilst this proposal results in the change of use to form a new flat, it will not result in the loss of an existing class A1 retail shop, nor does the proposal result in the loss of or change to the existing commercial frontage of 535 Ecclesall Road (which remains unchanged as being part of a mixed-use restaurant/bar venue – Nonnas). In this respect therefore, the creation of the new ground floor flat will have no impact on the vitality or viability of the District Shopping Centre.

Policies S10 and H5 echo some similarities in that they both seek to ensure that the living conditions being provided are adequate for the future occupants and that the living conditions of neighbouring residents are not adversely affected.

In terms of impact on amenities, this proposal raises several issues and they include:- the quality of living accommodation being created for the future residents of the new self-contained flat and, the impact of the proposal on existing neighbouring residents (particularly those living on Neill Road).

Amenity of Future Occupants

The proposed extension and use of the ground floor accommodation at the rear of the site as a new self-contained flat is an acceptable use in principle in a District Shopping Policy Area, however, there are serious concerns with regard to the quality of accommodation being formed. The flat will contain an entrance lobby, a bathroom, a kitchen/dining area and a bedsitting room, it is clear therefore that the accommodation will be entirely self-contained. In terms of windows and openings, the flat will only have the one entrance door and one high-level velux window in the roof. Therefore, with the exception to the high-level velux window in the roof, there will be no other windows to the new self-contained flat. Even potentially allowing for a fully-glazed entrance door to the flat, the visual outlook from a glazed-door would be directly onto the brick-wall of a single-storey extension of the neighbouring property (approximately 2 metres away). Adding to this fact that the yard area is already very enclosed by existing built-up extensions, and, what little yard area remains will need to accommodate wheelie bins and pedestrian access to the first floor flat, it is clearly evident that the quality of accommodation being provided will be unacceptable and would create a poor living environment for any future occupants of the flat.

Amenity of Neighbouring Residents

In order to gain access to the existing first floor flat a new external staircase has been partially constructed, the new external staircase leads to a first-floor landing which immediately abuts (in an elevated position) the rear boundary of the site (adjacent to residential neighbours on Neill Road). The external staircase and landing is enclosed by a galvanised metal railing which is visible from the rear yards and windows of properties on Neill Road. One of the main implications

88 therefore of this proposal is that the first-floor landing in effect creates a viewing platform from where there is an overwhelming degree of overlooking and loss of privacy for residents of properties on Neill Road and the future occupants of the proposed new ground floor self contained flat (through the velux window). The residential properties on Neill Road have small rear gardens of approximately 5 metres in depth and therefore it is possible to view the whole of the rear gardens/yard areas and main habitable rooms of the properties on Neill Road. This is clearly unacceptable and will cause serious detrimental harm to the amenities and living conditions of those neighbouring residents on Neill Road.

It is considered that the proposed first-floor porch structure (when viewed from the residential properties at the rear on Neill Road) will create a prominent feature which, due to the clear-glazed nature of the structure will be closer to the rear facing windows to those properties on Neill Road than currently exists. The Council approved Supplementary Planning Guidance in the form of the “Designing House Extensions” document recommends a minimum window to window separation distance between neighbouring properties of 21 metres. The existing window to window separation distance is approximately 17 metres which, already does not meet current guidelines, but, given that the properties are as they were originally built, there is nothing that can be done to resolve that existing shortfall. As a consequence of this proposal however, the separation distance between the clear- glazed porch to the main habitable room windows on the properties on Neill Road will be approximately 14 metres. The proposed porch could lead to overlooking and loss of privacy for the existing residents on Neill Road and therefore in this context, this element of the scheme would be contrary to guideline 6 of the adopted SPG on Designing House Extensions and Policy H14 of the Unitary Development Plan.

Highway Issues

Whilst there is no existing provision for off-street parking, the site is within a highly accessible location with many shops and services close-by and frequent public transport links into the City Centre. In this context, the lack of off-street parking provision is not considered to warrant refusal of planning permission.

ENFORCEMENT

As the works have been partially completed, it is necessary to seek Members authority for the Director of Legal Services to take all necessary steps, including enforcement action and the institution of legal proceedings, to secure the removal of the external staircase, landing area and the rear ground floor extension.

SUMMARY AND RECOMMENDATION

This application (which is part-retrospective) proposes extensions and alterations to the rear of an existing commercial property, to form a new self-contained ground floor flat; an external staircase with landing area and; a new first floor porch structure. The site is within a District Shopping Policy Area and backs onto residential properties which are located within a Housing Policy Area. It is considered that the accommodation being provided in the newly created ground- floor flat would be a poor living environment for any future occupiers of the

89 accommodation (due to the cramped layout and lack of windows and openings). It is also considered that the proposed external staircase and landing (already partially constructed) would lead to problems of overlooking and loss of privacy for residents living in neighbouring properties on Neill Road. It is felt that the proposed first floor porch structure would also lead to serious issues of loss of privacy and overlooking for residents on Neill Road. The proposal fails to satisfy Guideline 6 of the adopted SPG on Designing House Extensions and therefore is also contrary to Policy H14 and S10 of the Sheffield Unitary Development Plan.

For all the reasons listed above, it is recommended that this application be refused and that authority be given to take appropriate enforcement action (see above).