For and on behalf of Alecta Pensions for Sakring Omsesidgt c/o Aberdeen Property Investors UK Ltd

Representations to Development Framework Draft City Polices and Sites Document and Draft Proposals Map

Edgar Allen House, 241 Glossop Road, Sheffield

Prepared by DLP Planning Ltd

AUGUST 2010 Alecta Pensions for Sakring Omsesidgt c/o Aberdeen Property Investors UK Ltd

Prepared by: Nicola Howarth

Approved by: Roland Bolton

Date: August 2010

DLP Planning Ltd 11 Sheffield S1 2DE

Tel: 0114 228 9190 Fax: 0114 272 1947

DLP Consulting Group disclaims any responsibility to the client and others in respect of matters outside the scope of this report. This report has been prepared with reasonable skill, care and diligence. This report is confidential to the client and DLP Planning accepts no responsibility of whatsoever nature to third parties to whom this report or any part thereof is made known. Any such party relies upon the report at their own risk.

Edgar Allen House, 241 Glossop Road, Sheffield YK1688emailversldfreps 2

Alecta Pensions for Sakring Omsesidgt c/o Aberdeen Property Investors UK Ltd

Contents Page

1.0 Introduction 4 2.0 Site Context 6 3.0 Policy Appraisal 7 Sheffield Core Strategy (2009) 7 Policy CS17: City Centre Quarters 7 Policy CS23: Locations for New Housing 8 Policy CS27: Housing in the City Centre 8 4.0 Changes to Proposed Policies 10 Reference to Unitary Development Plan Policies 10 Policy H1: Land Uses in Policy Areas 10 Policy Designation: Central Housing Areas 12 5.0 Conclusion 13

Edgar Allen House, 241 Glossop Road, Sheffield YK1688emailversldfreps 3

Alecta Pensions for Sakring Omsesidgt c/o Aberdeen Property Investors UK Ltd

1.0 Introduction

1.1 This report has been prepared by DLP Planning Ltd on behalf of Alecta Pensions for Sakring Omsesidgt c/o Aberdeen Property Investors UK Ltd in respect of premises Edgar Allen House, located at No.241 Glossop Road, Sheffield and makes representations to the Sheffield Development Framework Draft City Polices and Sites document and Draft Proposals Maps. 1.2 The premises at 241 Glossop Road is identified on the draft Local Development Framework (LDF) proposals map as lying within an area defined as a Central Housing Area within the of the City Centre. 1.3 This representation makes objection in relation to Policy H1 ‘Land Uses in Policy Areas’ and the associated table which is considered to be unclear and lacks clarity and supporting information. 1.4 Objection is also made to the designation of the Central Housing Area within this part of the City Centre and it is requested that this area is re-designated as a City Centre Flexible Use Area. 1.5 It is considered that H1 within the draft City Policies and Site Allocations document and draft Proposals Maps fail the tests of soundness set out in paragraph 4.52 of PPS12 Local Spatial Planning which states that: ‘To be “sound” a core strategy should be JUSTIFIED, EFFECTIVE and consistent with NATIONAL POLICY. “Justified” means that the document must be: ƒ founded on a robust and credible evidence base ƒ the most appropriate strategy when considered against the reasonable alternatives “Effective” means that the document must be: ƒ deliverable ƒ flexible ƒ able to be monitored.’

1.6 These tests are also applicable to lower tier Development Plan Documents (paragraph 5.2 of PPS12). 1.7 The DPD fails the test of soundness on the basis that there is no credible evidence base for policy H1 against which the percentages can be assessed. 1.8 The document is also insufficiently flexible to accommodate the varying needs of commercial premises within the City Centre location.

Edgar Allen House, 241 Glossop Road, Sheffield YK1688emailversldfreps 4

Alecta Pensions for Sakring Omsesidgt c/o Aberdeen Property Investors UK Ltd

1.9 The DPD is also considered to fail the test of soundness in so far as it is overly complex and therefore difficult to implement and monitor effectively, without the base evidence for the policy we are unable to advise Clients of whether proposals are in conformity with the policy or not. Given the variety of commercial uses that are already present within the Devonshire Quarter of the City Centre this is considered to be particularly difficult to apply and in fact an inappropriate policy response to this area.

Edgar Allen House, 241 Glossop Road, Sheffield YK1688emailversldfreps 5

Alecta Pensions for Sakring Omsesidgt c/o Aberdeen Property Investors UK Ltd

2.0 Site Context

2.1 The building which is the particular focus of this objection is located to the south of Glossop Road within the Devonshire Quarter of .

2.2 Photograph 1: Site Location Plan 2.3 It is a four storey brick office building located on the corner of Gell Street and Glossop Road. The building has undercroft and rear car parking provision and is enclosed by boundary walling and gates. 2.4 It lies within a mixed use area with housing, restaurants, pubs, shops and other commercial uses lying adjacent and within very close proximity of the site.

Edgar Allen House, 241 Glossop Road, Sheffield YK1688emailversldfreps 6

Alecta Pensions for Sakring Omsesidgt c/o Aberdeen Property Investors UK Ltd

3.0 Policy Appraisal

3.1 Within the draft Local Development Framework (LDF) proposals map the whole of the site is to be designated as lying within the Central Housing Area as well as remaining within the City Centre and also falling within the Devonshire Quarter of the City Centre as illustrated below.

Sheffield Development Framework Draft Proposals Map

Sheffield Core Strategy (2009) 3.2 The following policies are applicable to sites located within Central Housing Areas.

Policy CS17: City Centre Quarters 3.3 With regard to the Devonshire Quarter of the City Centre, Policy CS17 states the following: ‘The distinctive and fundamental roles of different ‘quarters’ of the City Centre will be consolidated and strengthened, namely: f. Devonshire Quarter – a thriving, distinctive and vibrant area with city living, niche shops, restaurants and bars and a variety of business uses with the City Centre’s largest green space, Devonshire Green; Complementary relationships, interaction and physical links between the Quarters will be promoted.’

Edgar Allen House, 241 Glossop Road, Sheffield YK1688emailversldfreps 7

Alecta Pensions for Sakring Omsesidgt c/o Aberdeen Property Investors UK Ltd

3.4 The application of Policy H1 described below is considered to be at variance to this description of a thriving, distinctive and vibrant area with city living, niche shops, restaurants and bars and a variety of business uses within the Devonshire Quarter of the City Centre as set out above in Policy CS17. As such there would appear to be conflict between the Core Strategy and this draft plan.

Policy CS23: Locations for New Housing 3.5 Policy CS23 provides guidance on the location of new housing within the City and states the following: ‘New housing development will be concentrated where it would support urban regeneration and make efficient use of land and infrastructure. In the period 2008/09 to 2020/21, the main focus will be on suitable, sustainably located, sites within, or adjoining: a. the main urban area of Sheffield (at least 90% of additional dwellings); and b. the urban area of Stocksbridge/Deepcar. After 2020/21, and before then as opportunities arise, additional housing growth will occur in parts of the city where significant change and regeneration are taking place. This will be primarily in the main urban area of Sheffield (with an emphasis on the Lower Don Valley and North East Urban Area) and Stocksbridge/Deepcar. In Chapeltown/High Green and in the larger villages of Oughtibridge, Worrall and Wharncliffe Side housing development will be limited to suitable, sustainable sites within the existing built-up areas. Outside the urban areas and larger villages, housing development will be limited to that which is consistent with policies for the Green Belt and countryside areas.’ 3.6 The supporting text, (paragraph 8.8) of the Core Strategy states: ‘In the main urban area of Sheffield, over a third of total supply is concentrated in the City Centre and concerns have been expressed about supply outstripping demand, though a recent study supports current confidence here. 3.7 Circumstances have changed significantly regarding the ability of developers to bring forward even existent planning permissions in the City Centre so while the Core Strategy Policy remains achievable this supporting statement is no longer considered accurate.

Policy CS27: Housing in the City Centre 3.8 Policy CS27 is applicable in Central Housing Areas and states the following:

Edgar Allen House, 241 Glossop Road, Sheffield YK1688emailversldfreps 8

Alecta Pensions for Sakring Omsesidgt c/o Aberdeen Property Investors UK Ltd

‘Further expansion of City Centre living, with a mix of tenures and sizes of unit, including affordable housing, will form part of a mix of uses: a. at Kelham/Neepsend and Wicker/Nursery Street b. between Netherthorpe Road and Edward Street c. between Netherthorpe Road and St. Vincent’s Church d. at West Bar, north of the Crown Courts e. around Devonshire Green f. on upper levels along the Moor and in the New Retail Quarter g. around the h. at /Castlegate i. within the Cathedral Quarter j. within the Cultural Industries Quarter. Limited housing will also be appropriate in other parts of the City Centre where needed as part of mixed schemes to achieve a viable balance of uses.’ 3.9 The reference made at criteria e) is to the Devonshire Green area of the Devonshire Quarter and yet the Central Housing Area allocation requires the preferred uses of housing and residential institutions provide except where such provision is impractical does not reasonably relate to this policy which refers to a mix of uses. It is considered that Policy H1 is therefore in conflict with this Core Strategy Policy.

Edgar Allen House, 241 Glossop Road, Sheffield YK1688emailversldfreps 9

Alecta Pensions for Sakring Omsesidgt c/o Aberdeen Property Investors UK Ltd

4.0 Changes to Proposed Policies

4.1 This representation seeks to make the following objections and proposed changes to the draft City Policies and Sites document and Proposals Maps.

Reference to Unitary Development Plan Policies 4.2 It is unclear within the draft City Policies and Sites document as to whether any or all of the policies contained within the adopted UDP will cease to apply or become superseded following the adoption of the DPD. 4.3 This process occurred with the adopted Sheffield Core Strategy whereby details of the ceased and superseded UDP policies were stated within the Core Strategy document. 4.4 Details of the status of the Unitary Development Plan once the draft City Polices and Site document is adopted needs to be clarified and included within the City Polices and Sites document.

Policy H1: Land Uses in Policy Areas 4.5 Policy H1 controls land uses within the Policy Areas. It attempts to be flexible with regard to the uses within each policy area but to maintain the dominance of the preferred use. To interpret this policy one has to refer to the Proposals Map, Table H1a, Table H1b and the notes to Table H1b. 4.6 In the case of the building to which this objection relates it is described in Table H1a as being in the Central Housing Area where housing is “preferred”. In this case the preferred use is not required to be dominant but only 30% of the area is required to be in housing use. Employment and Service Uses are acceptable if they are compatible. It should be noted that no definition is given of “compatible”. 4.7 Part a of Policy H1 requires all sites (where practicable) to provide the required proportion of the preferred use or uses. In the case of the Central Housing Area (which has 2 preferred uses) this would require all developments to provide at least 30% residential floorspace and (presumably) at least 50% residential institution floorspace. 4.8 Paragraph 11.12 states that the area to be assessed in terms of meeting these criteria will be determined on an application by application basis if the area is greater than 10 hectares otherwise the assessment will be for the whole area. 4.9 Reference to Table H1b and the accompanying notes limits Office Development (B1a) to 30% of the gross floorspace in the area [it is noted that a similar restriction does not apply to uses Class B1b (Research and Development) and B1c (Light Industry)]. Paragraph 11.13 appears to introduce a further commercial test to secure preferred use in that there must be “no prospect” of the preferred use coming forward before another use which is “acceptable” can be granted.

Edgar Allen House, 241 Glossop Road, Sheffield YK1688emailversldfreps 10

Alecta Pensions for Sakring Omsesidgt c/o Aberdeen Property Investors UK Ltd

Evidence Base 4.10 Policy H1 and the associated tables are considered to be unclear and lack clarity and supporting information. The illegibility of the policy renders the policy unsound. 4.11 In order to be a sound policy the Council need to produce evidence of the existing percentage in each of the areas covered by the policy. Without this very basic evidence the whole policy must be considered unsound. 4.12 For none of the proposed areas have the Council demonstrated why the chosen percentages are relevant. Table H1a ‘Characteristics and Preferred Uses in the Policy Areas’ provides the following details for preferred uses in Central Housing Areas: Minimum Levels of Core Strategy Policy Area Description Preferred Policy Use(s) Housing preferred but as part of a mix of uses so a Central Housing requirement for at least 30% 30% of area in CS17, CS23, Area is required. Employment and housing CS27 service uses that are compatible also acceptable. Extract of Table H1a of the Draft City Polices and Sites document 4.13 It is unclear as to the defined boundaries of the Central Housing Areas which are used to calculate the 30% of housing. This could be understood as each separately defined Central Housing Area on the proposals map. However, if this is the case then it is still unclear as to the baseline data for each Central Housing Area which is used to determine whether any change of use would compromise the minimum percentage level of housing. Each Central Housing Area will currently have differing levels of housing and this information needs to be defined in some way otherwise it is impossible to determine if a proposed changed of use for example would compromise the required 30% of housing. 4.14 It is also considered that this percentage requirement is unable to be monitored effectively given the frequent changes that occur within this part of the City Centre. Therefore this policy is considered to be unsound as it is not effective.

Deliverable 4.15 Paragraph 11.1 within regard to Policy H1 states that: ‘For most Policy Areas, the assessment of dominance will be based on the land area covered by development but the total gross floorspace in the area will be used to assess dominance in Priority Office Areas and Business Areas. Where the minimum requirement for a preferred use is less than 50% it should still be the principal individual use.’ Edgar Allen House, 241 Glossop Road, Sheffield YK1688emailversldfreps 11

Alecta Pensions for Sakring Omsesidgt c/o Aberdeen Property Investors UK Ltd

4.16 From this it is difficult to distinguish how housing located on upper floors of shops and within flats will be calculated on area covered by the development when there could be an entirely different use on the ground floor for example a shop or restaurant within the City Centre with floors of residential units above. This guidance is misleading and it is not until the footnotes of H1b are referred to that this information is given which refers to housing being calculated on gross floor space. Therefore it is considered that paragraph 11.1 should be amended to remove the reference to most policies being assessed on land area covered and instead the reader should be directed straight to the requirements set out in table H1a and H1b.

Flexibility 4.17 It is considered the test that it must be impractical to provide either or both housing and residential institutional floorspace within a development is too inflexible in an area which clearly derives its vibrancy from the mid of related uses and especially the retail and university related uses in this area.

Policy Designation: Central Housing Areas 4.18 With regard to the area designated as a ‘Central Housing Area’, it is considered that these areas should be re-designated as a ‘City Centre Flexible Use Area’ which would identify the following as acceptable uses but with no preference’.

Acceptable A1, A2, A3 and A4 B1a and B1b C1 C2 C3 C4 D1 Houses in Multiple Occupancy (non C4) Hostels

4.19 Clearly the uses within this area of the City are such that they require greater flexibility with regards to uses. Although residential flats and units on upper floors are located within this part of the City, the proposed ‘City Centre Flexible Use’ policy retains the protection of the amenities of residents whilst ensuring that the needs of local businesses are also taken into account. 4.20 For the above reasoning it is therefore requested that the area designated as a Central Housing Area within this part of the City is re-designated as a ‘City Centre Flexible Use Area’.

Edgar Allen House, 241 Glossop Road, Sheffield YK1688emailversldfreps 12

Alecta Pensions for Sakring Omsesidgt c/o Aberdeen Property Investors UK Ltd

5.0 Conclusion

5.1 This report has been prepared by DLP Planning Ltd on behalf of Alecta Pensions for Sakring Omsesidgt c/o Aberdeen Property Investors UK Ltd in respect of Edgar Allen House, located at No.241 Glossop Road, Sheffield and makes representations to the Sheffield Development Framework Draft City Polices and Sites document and Draft Proposals Maps. 5.2 Alecta Pensions wish to retain their building for City Centre related uses but to have the flexibility to respond to market demands as necessary. In particular this building’s location would make it suitable, in principle, to a number of uses including offices, residential, student accommodation as well as university related uses such as teaching or back-room accommodation. While these uses might be appropriately accommodated in different floors the policy as proposed would require proof that neither residential floorspace nor residential institutional floorspace could be practicably provided if our clients wished to change the use of the whole building. This is considered too inflexible a policy. 5.3 This representation has objected to Policy H1 ‘Land Uses in Policy Areas’ and the associated tables which are considered to be unclear and lacking clarity and supporting information. There is no credible evidence base of existing percentages in the selected areas nor of the reasons why certain percentages are required. This policy is unsound. 5.4 It is also in conflict with Core Strategy Policy C517 and C527. 5.5 Given the nature of this area of the City Centre it is considered that greater flexibility should be given to the application of land use policy particularly if the City is to remain vibrant and businesses are to survive the economic downturn. It has been requested in this representation that the Central Housing Area within this part of the City Centre should be re-designated as a ‘City Centre Flexible Use Area’. 5.6 The following changes are required to make the document sound: City Sites and Policies – deletion of the whole of Policy H1 - introduce a new policy for ‘City Centre Flexible Use Area’. Proposals Map – Delete Central Housing Policy area from this area. Proposals Map – Allocate area as a ‘City Centre Flexible Use Area’.

Edgar Allen House, 241 Glossop Road, Sheffield YK1688emailversldfreps 13