1-2-1 Full Planning Applications.Pdf

SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate

REPORT TO WEST AND NORTH PLANNING AND DATE 22/07/2008 HIGHWAYS AREA BOARD

REPORT OF INTERIM DIRECTOR OF DEVELOPMENT ITEM SERVICES

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

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

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

CONTACT POINT FOR John Williamson TEL 0114 2734944 ACCESS NO:

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

08/02659/CHU 42 West Don Street 5 Sheffield S6 3BH

08/01618/FUL Part Land Adjacent To 237a 9 Main Road Wharncliffe Side Sheffield

08/01106/FUL Land Adjoining 10 (forrmerly Curtilage Of 10) 26 10 St Wandrilles Close Ecclesfield Sheffield

08/01053/FUL Jet Service Station 34 45 Ecclesfield Road Chapeltown Sheffield S35 1TD

07/04577/FUL 377 - 381 South Road 49 Sheffield S6 3TD

07/03941/FUL Vickers Ward 60 Northern General Hospital Herries Road Sheffield S5 7AT

07/01914/FUL Site Of 408-410 Heavygate Road 64 Sheffield S10 1QE

3 4 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The NORTH & WEST Planning And Highways Area Board Date Of Meeting: 22/07/2008

LIST OF PLANNING APPLICATIONS FOR DECISION OR INFORMATION

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

Case Number 08/02659/CHU

Application Type Planning Application for Change of Use

Proposal Use of building as martial arts academy (Use Class D2)

Location 42 West Don Street Sheffield S6 3BH

Date Received 22/05/2008

Team NORTH & WEST

Applicant/Agent Sheffield Mudo Academy

Recommendation Grant Conditionally

Subject to:

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

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

2 The building shall be used for the sole purpose of a Martial Arts Academy and shall not be used for any other use within Use Class D2 without the prior written agreement of the Local Planning Authority.

In the interests of the visual amenities of the locality.

Attention is drawn to the following justifications:

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

IB6 - Development in Fringe Industry and Business Areas IB9 - Conditions on Development in Industry and Business Areas

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

Site Location

6 LOCATION AND PROPOSAL

The application relates to a disused single storey industrial building, which is located within a Fringe Industry and Business Area as defined by the UDP. The area is characterised by a mix of light industrial uses.

It is proposed to use the building for Martial Arts (Use Class D2)

RELEVANT PLANNING HISTORY

The building is a 1970s purpose built B2 unit.

SUMMARY OF REPRESENTATIONS

There have been no representations regarding this application

PLANNING ASSESSMENT

Within Fringe Industry and Business Areas Policy IB6 lists D2 Leisure and Recreational uses as acceptable development subject to their compliance with Policy IB9. This states that change of use will be permitted provided that (a ) it would not lead to a concentration of uses which would prejudice the dominance of industry and business in the area or cause the loss of important industrial sites and (f) be adequately served by transport facilities and provide safe access to the highway and appropriate off street parking.

The existing building is a brick built, metal clad industrial building which is currently vacant. The building which has use of a parking area to the rear was last in use for B2 purposes. The other half of the building is in use by an engineering company. The loss of this building for industrial purposes will not impact on the dominance of light industry within the area.

The proposed change of use to the building for use by a Martial Arts Academy will not have any impact on the external appearance of the building. The building has current level access to the front and so is suitable for use by disabled persons.

The applicant has confirmed that the building would be used for Martial Arts training between 2pm and 9pm (Mon – Fri) and between (9am and 2pm) on Saturdays. No Sunday or Bank Holiday use is proposed at this time.

HIGHWAYS ISSUES

Whilst parking facilities are available to the rear of the building the applicant has indicated that classes will be small with a focus on family participation. This will limit the number of vehicles using the site at any one time. In addition the site has excellent access to local tram and bus routes. The most heavily subscribed classes will be held outside local business hours, which will limit any impact on those businesses through extra traffic.

RECOMMENDATION

Grant

Case Number 08/01618/FUL

Application Type A Full Planning Application

Proposal Erection of 8 three-storey dwellinghouses

Location Part Land Adjacent To 237a Main Road Wharncliffe Side Sheffield

Date Received 28/03/2008

Team NORTH & WEST

Applicant/Agent Andromeda Architecture Ltd

Recommendation Grant Conditionally subject to Legal Agreement

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

3 Before any work on site is commenced, a comprehensive and detailed hard and soft landscape scheme for the site, to include details of boundary treatment to Main Road and to the rear boundary, shall have been submitted to and approved by the Local Planning Authority. The landscape works shall be implemented prior to the development being brought into use or within an alternative timescale to be first agreed in writing with the Local Planning Authority. Thereafter the landscaped areas shall be retained and they shall be cultivated and maintained for a period of 5 years from the date of implementation and any plant failures within that five year period shall be replaced unless otherwise agreed by the Local Planning Authority.

In the interests of the amenities of the locality.

9 4 Prior to the commencement of development, further details of existing site levels and contours together with proposed finished site levels and finished floor levels of all buildings proposed (to be provided in the form of cross section drawings with AOD figures provided) shall be submitted to and approved in writing by the Local Planning Authority.

To ensure a satisfactory relationship between the proposed dwellings and existing properties.

5 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (and any order revoking and re- enacting the order) no windows or other openings shall be formed in the elevation of the dwellinghouse hereby permitted without the prior written consent of the Local Planning Authority.

In the interests of the amenities of occupiers of adjoining property, bearing in mind the restricted size of the curtilage.

6 The residential accommodation hereby permitted shall not be occupied unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall:

a) Be based on the findings of an approved noise survey of the application site, including an approved method statement for the noise survey,

b) Be capable of achieving the following noise levels: Bedrooms: LAeq 15 minutes - 35 dB (2300 to 0700 hours),Living Rooms: Laeq 15 minutes - 45 dB (0700 to 2300 hours),

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

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

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

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

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

b) Demonstrate that the specified noise levels have been achieved. In the event that the specified noise levels have not been achieved, then notwithstanding the sound attenuation works thus far approved, a further scheme of sound attenuation works capable of achieving the specified noise levels and recommended by an acoustic consultant shall be submitted to

10 and approved by the Local Planning Authority before the use of the development is commenced. Such further scheme of works shall be installed as approved in writing by the Local Planning Authority before the use is commenced and shall thereafter be retained.

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

8 Prior to the commencement of development, full details of suitable access and facilities for people with disabilities, both to and within the development and also within the curtilage of the site, shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the following:

- Provision of at least 25% of units designed to mobility standards; - A plan to demonstrate level access to all parts of the new development;

And shall have regard to information provided in the Council’s Disability Design Standards.

The development shall not be used unless such access and facilities have been provided in accordance with the approved plans. Thereafter, such access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

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

9 Before the development is commenced full details of the proposed refuse and recycling storage facilities to be provided to serve the development shall have been submitted to and approved in writing by the Local Planning Authority. The details shall include a method statement indicating how the facilities will be managed and serviced and how occupiers of the proposed development will be encouraged to maximise the use of the proposed recycling facilities to reduce general waste arising. Prior to the occupation of the proposed development the approved facilities shall have been implemented in conjunction with the approved method statement and shall thereafter be retained.

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

10 Notwithstanding the submitted plans, before the development is commenced full details of the proposed access road and junction onto Main Road (including cross-sections, long sections, drainage details, proposed street lighting, possible shared vehicle/pedestrian surfaces with 700mm margins, geometric standards, materials/specifications, any accommodation works to the existing street furniture and system of street lighting along the Main Road) shall have been submitted to and approved in writing by the Local Planning Authority. The access road and junction onto Main Road

11 shall have been constructed in accordance with the approved details prior to the accommodation becoming occupied and retained/maintained thereafter.

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

11 The gradients within the site shall not exceed 1 in 12, unless otherwise in writing by the Local Planning Authority to ensure safe and adequate vehicular and pedestrian access.

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

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

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

13 Notwithstanding the submitted plans, the accommodation shall not become occupied unless visibility spays (of 2.4 metres x the site boundary) have been provided in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter the splays shall be retained with no obstruction of any description allowed within the splays above a height of 1 metre.

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

14 The development shall not be used unless all redundant means of access have been permanently stopped up and reinstated to footway and the means of vehicular access shall be restricted solely to the point indicated on the approved plans.

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

15 The accommodation shall not become occupied unless a 2 metre wide footway has been provided along the front of the development site (including street lighting if necessary) and connected to the existing footway system. Any land requirement needed to accommodate the footway shall be dedicated to the City Council at no cost to the City Council.

In the interests of pedestrian safety.

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

12 shall be used for the sole purpose intended in all instances and be properly maintained.

In the interests of the safety of road users.

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

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

18 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 prevent pollution of the Water Environment.

19 Surface water discharge from the completed development site shall be restricted to a maximum flow rate of 8 litres per second. Before the development is occupied written confirmation shall be given to the Local Planning Authority that the necessary equipment has been installed on site to achieve the required restricted rate of discharge.

In order to mitigate against the risk of flooding.

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

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

Attention is drawn to the following justifications:

BE5 - Building Design and Siting H14 - Conditions on Development in Housing Areas H15 - Design of New Housing Developments

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

Site Location

LOCATION AND PROPOSAL

The application site relates to part of the Cloverleaf Cars garage site at Main Road, Wharncliffe Side. At present, Cloverleaf Cars has a frontage of 91 metres to Main Road – this application relates to 46 metres of that frontage. It excludes the southern section of the site for which a separate application for 3 houses has also been submitted (08/01615/FUL) and will be considered in due course. It also excludes 19 metres of the frontage at the northern end of the site, adjacent to 237a Main Road, which will remain in garage use.

14 The site was previously (1980s) a petrol station but now comprises a range of single storey garage structures and a car sales showroom with a stone pillar and railing boundary to the front. To the north the site adjoins 237a and 237 Main Road, a pair of two-storey stone cottages which are set back from the road by approximately 15 metres. To the front of No.237a is a double garage lying perpendicular to the road. Beyond 237 are two groups of two storey terraces fronting Main Road. To the rear of this application, at a significantly higher ground level (approximately 8 metres), lie the residential properties at 39-45a Don Avenue, which comprise semi-detached bungalows.

This application proposes the construction of 8 x 3 storey 4-bedroom dwellinghouses in four pairs to be sited at the foot of the existing slope, approximately 18 metres from the back edge of pavement of Main Road. The houses extend to a height of 11.9 metres to ridge level and comprise a garage and entrance at ground level with three floors of residential accommodation above, including two double bedrooms within the roofspace. A driveway and small garden are sited to the front. There is a change in level across the site such that the first floor at the front of the house is equivalent to the ground floor at the rear. The rear gardens then rise to the rear of the dwellings by an incline of approximately 17 degrees. These gardens vary in length from a minimum depth of 7 metres up to 15 metres; in terms of garden area, the smallest garden extends to 48 square metres with the largest at over 200 square metres. It is proposed that the houses be constructed in reconstituted pitch face stone with white UPVC windows and doors.

RELEVANT PLANNING HISTORY

The following planning application is most relevant to the determination of this application:

04/04017/OUT: Erection of 12 dwellinghouses Approved: 06.04.05

This outline application (which expired in April 2008) related to the whole of the site and included all the existing garage and car sales buildings up to the boundary with 237a Main Road. The outline planning permission approved all matters (siting, design, means of access and external appearance) except landscaping of the site, which was reserved. As such, this outline application approved the principle of where the houses were positioned within the site, their design, scale and external appearance and how cars and pedestrians accessed the site. The determination of this outline application was based upon the current Sheffield Unitary Development Plan, which remains the basis for the determination of this current application. Significantly, the eight houses proposed in this full application are broadly the same design, height and position within the site as that approved within the outline planning application, with the exception of the garden to the most northerly property, which has been reduced in scale as part of this application due to the reduction in overall site area.

It is also relevant to note the concurrent application for the remainder of the site:

15 08/01615/FUL: Erection of three dwellinghouses with integral garages.

This application was submitted separately on the basis that unlike the application for eight dwellinghouses, it represented a variation from the principles previously approved within the outline application above. This separate application will be subject to determination in due course.

SUMMARY OF REPRESENTATIONS

The application was advertised by means of direct neighbour notification. A total of three letters of objection were received in response to notification of this application; two from residents of Don Avenue and the third from Bradfield Parish Council. The residents raise objections on the following grounds:

(i) The houses will be straight in front of the bungalows on Don Avenue and block out the light causing great distress to the elderly population that live there; (ii) The new properties will look straight into the bungalow bedrooms; (iii) The cross-section does not show the bungalows at 39-45 Don Avenue, which gives a false impression of how close the nearest property is to the site; (iv) Extra pressure on the over-populated community at Wharncliffe Side, which is struggling with the community infrastructure; (v) Only just regained the full return of original existing habitat and wildlife from previous development of this site; what guarantees are there over existing flora and fauna? (vi) The gardens suffer flooding after heavy rain as a result of disturbance to the land drainage system; more soil shifting and land alteration will only add to the problems. (vii) How will already over-subscribed schools and doctors surgery cope with the additional families; (viii) Will the gas vapours pose any issues? (ix) Impact on privacy due to overlooking; (x) Will the existing sewers cope? (xi) Views of the crags will disappear; (xii) Extra noise and disturbance, which will spoil the tranquillity currently enjoyed by residents.

Bradfield Parish Council objects to the development on the following grounds:

(i) Lack of amenities to adjacent properties; (ii) Development not suitable to the streetscene; (iii) Insufficient room for proposals.

It is perhaps also relevant to note that an additional objection was received to the concurrent application for three dwellinghouses from a resident of Don Avenue, which is also relevant to the principle of the development on this site. This resident objects on the following grounds:

(i) The 2005 application included reports on noise, contamination and hydrology and it seems inadequate to now submit an application without regard to these;

16 (ii) The proposal is misleading; the proposal is for two blocks of three storey + roof space, which are effectively four storeys. The description refers to semi- detached three storey dwellinghouses; (iii) Unclear why two separate applications have been made when the houses proposed are identical; (iv) A considerable part of the site towards the north has been left undeveloped; (v) Wharncliffe side is a small village composed only of ‘normal’ housing – cottages, terraces, semi-detached and detached. These proposed narrow four storey dwellings are totally out of character with the rest of the village and there is no other development like it; (vi) The dwellings are badly sited towards the rear of the site so that they are very near to the existing dwellings on Don Avenue; the ground slopes steeply at the back of the site such that the houses will have no garden area, which cannot be appropriate for 4-bed family houses; (vii) The unreasonably tall houses will present an obstruction and cut down light to 39-45 Don Avenue; normal houses would be less of an obstruction. The site layout shows that the height of the proposed roof is almost as high as the roof of properties on Don Avenue; it is surely unreasonable to build houses on one road that area as tall as houses on a different road at a much higher level; (viii) If the undeveloped part of the site were included in the application, it would be possible to build more ‘normal’ houses, which would be more in keeping with the rest of the village.

PLANNING ASSESSMENT

This application proposes the redevelopment of part of the existing car sales showroom and car repair site to provide 8 x 4 bedroom dwellinghouses with integral garage in four pairs of semi-detached houses. The principle issues to consider in the determination of this application include the following:

1. Principle of development: Policy and Land Use; 2. Design considerations; 3. Impact on amenity of adjoining residents; 4. Noise and contamination considerations; 5. Highways impact.

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

Principle of development: Policy and Land Use

Within the Sheffield Adopted Unitary Development Plan the application site is designated within a Housing Area. Policy H10 of the UDP determines that within such areas, housing (Use Class C3) is the preferred use subject to compliance (as relevant to this application) with Policies H14 - H16 (Conditions on development in Housing Areas) of the UDP, which are considered in the report below. As such, the principle of housing development on this site fully accords with current planning policy within the Unitary Development Plan subject to the detailed assessment set out in this report.

17 Design Considerations

Policy BE5 of the Adopted Unitary Development Plan advises that good design and the use of good quality materials will be expected in all new buildings. It also states that new developments should complement the scale, form and architectural style of surrounding buildings and should be of a human scale wherever possible. In addition, Policy H14 (a) determines that new developments will be permitted in Housing Areas provided that new buildings and extensions are well designed and would be in scale and character with neighbouring buildings.

With specific regard to the design of new housing development as relevant to this site, Policy H15 then advises that new housing developments will be expected to provide easy access to homes and circulation around the site; provide adequate private gardens or communal open space to ensure that basic standards of daylight, privacy, security and outlook are met for all residents; and provide uniform walls or fences around rear gardens next to roads, footpaths or other open areas.

It is acknowledged that the scale, form and architectural style of surrounding buildings comprises a range of housing types including bungalows, terraces, semi- detached and detached dwellings to a maximum of two-storeys in height. As such, the principle of 3 storey buildings with additional accommodation within the roof space does not strictly accord with the character and scale of neighbouring buildings. However, it is considered that this site is, to a degree, detached from surrounding housing; it is separated from 237a by retained garage buildings and by a distance of 19 metres and is visually distinct from houses to the rear because of the significant change in level between Main Road and Don Avenue. Furthermore, the applicant has sought to integrate the dwellings into the surrounding area by using reconstituted coursed pitch face stone to the elevations with grey roof tiles and UPVC windows, which relates appropriately to the character of existing dwellings on Main Road, particularly to those dwellings more recently constructed.

With regard to the provision of adequate private gardens and ensuring that basic standards of daylight, privacy, security and outlook are met for all residents, it is noted that garden depths across application site vary from a minimum of 7 metres to a maximum of 15 metres. The Council has no specific guidelines in relation to the construction of new dwellings. However, the privacy standards set out in Supplementary Planning Guidance: Designing House Extensions are considered relevant. To prevent over-development of a house plot, Guideline 4 of the SPG determines that in most circumstances the Council considers a garden size of 50 square metres to be the minimum for a two or more bedroomed house. A minimum distance to the back boundary from the rear elevation of 10 metres is also normally required for reasons of neighbour’s privacy as well as amenity. In this application, the smallest garden equates to 48 square metres and a depth of 7- 8 metres; this is marginally below the recommendations of Guideline 4 but is not considered sufficiently below to warrant recommending refusal of the application, especially given that the remaining dwellings do exceed a garden area of 50 square metres and 6 of the 8 dwellings exceed a garden depth of 10 metres. Moreover, the change in level between the application site and dwellings to the rear further minimises any direct amenity impact on the existing dwellings. It is

18 also noted that the application proposes the introduction of uniform fences around rear gardens comprising 1.8 metre high timber panel fences.

Finally, it is relevant to acknowledge that outline residential planning permission has already been granted for the larger part of this site in 2005, which approved the principle of layout, scale and design of twelve houses. Of these twelve, eight were positioned in the same location as the current application and were also designed to the same height, design and external appearance such that the principle of this application was broadly established by the outline consent. The only variation relates to the size of the garden to the property at the northern end of the site, which now has a garden size marginally below the 50 square metres recommend as noted above. The outline was determined in accordance with the Sheffield Unitary Development Plan, as per this application, with no significant amendments to relevant planning policy in that time to influence this recommendation. The application is therefore considered to accord with Policy BE5, H14 (a) and H15 of the Unitary Development Plan.

Impact on amenity of adjoining residents

Policy H14 (b) of the Unitary Development Plan advises that that new developments will be permitted in Housing Areas provided that the site would not be over-developed or deprive residents of light, privacy or security, or cause serious loss of existing garden space, which would harm the character of the neighbourhood. It is also relevant to note Guideline 6 of the Designing Housing Extensions SPD, which determines that to protect and maintain minimum levels of privacy, a minimum distance of 21 metres should be maintained between main facing windows.

As noted in the report above, the application site lies at a significantly lower level than Don Avenue such that the ground level in relation to the proposed residential dwellings is typically 8 metres below that of Don Avenue. The application includes a typical cross-section through the site, which indicates the relationship between the proposed dwellings and No.45 Don Avenue; this demonstrates the change in level and establishes that the eaves height at the rear of the proposed dwellings is broadly equivalent to the ground level of No.45. Additionally, the ridge height of the proposed dwellings is approximately 1 metre below that of the bungalow at No.45. Further cross-sections have been submitted through the site, which demonstrate that the first floor windows of the proposed dwellings are typically at or below the ground level of properties on Don Avenue. On this basis, it is concluded that the proposed dwellings will not deprive existing residents of light or be overbearing.

With regard to privacy, the distance between main facing windows varies across the site from a minimum of 26.5 metres between the proposed dwellings and the rear of 39 Don Avenue, 29 metres between the proposed dwellings and the rear of 43 Don Avenue and 28 metres to the rear of 45a Don Avenue. As such, the distance between existing and proposed dwellings is well in excess of the recommended 21-metre distance and on the basis, it is concluded that the proposed dwellings will not impact upon the privacy of existing residents.

19 It is therefore concluded that the proposed development is in accordance with Policy H14 (b) of the Unitary Development Plan.

Landscape

The application site presently comprises a hard-surfaced parking area with single storey buildings associated with the garage and car sales use. It also includes a grass and vegetated bank to the rear of the site, which appears to be self-seeded, as well as a group of conifer trees. The site is not identified to be of any value with regard to flora and fauna. It is proposed as a condition of this application that a detailed landscape plan be submitted in relation to the front of the site and the garden areas to the rear. It is anticipated that the introduction of domestic gardens will provide greater opportunity for wildlife than the present use.

Noise and contamination

Policy H14 of the UDP advises that new developments will be permitted in Housing Areas provided:

(e) It would not suffer from unacceptable air pollution, noise or other nuisance or risk to health or safety.

This application is located adjacent to Main Road, Wharncliffe Side with a corresponding level of traffic, albeit that this has been somewhat reduced followings diversion arising from the floods of June 2007. In support of the outline planning application, the applicant submitted a Noise Report and it is considered that this report remains relevant to this application and has been subsequently resubmitted and assessed in accordance with the above planning policy and Planning Policy Guidance Note 24: Planning and Noise (PPG24).

PPG24 effectively determines four noise exposure categories against which planning proposals should be assessed:

Category A: Noise need not be considered as a determining factor in granting planning permission;

Category B: Noise should be taken into account and steps taken to ensure an adequate level of protection against noise;

Category C: Planning permission should not normally be granted. Where development is permitted, steps should be taken to ensure a commensurate protection against noise and;

Category D: Planning permission should not normally be granted.

The Noise Assessment undertaken in 2004 determined that the site lies in Category C where planning permission should not normally be granted but where there are no alternative quieter sites available; conditions should be imposed to ensure protection against noise. It should also noted at that time that one of the seven night-time measurements actually placed the site in Category D, where

20 planning permission should not be granted. However, the Noise Report set out recommendations for glazing specifications, roof specifications and external noise levels to achieve a night-time noise level in bedrooms of 35dB LAeq and day time noise levels of 40-45 dBA (which equates to City Centre criteria). It proposed additionally the use of trickle vents for ventilation; this approach is not considered acceptable as it does not offer residential occupiers an adequate level of ventilation and an alternative method is required by condition. In summary, subject to a condition requiring details of glazing, roof specification and ventilation, it is considered that the dwellings will not suffer from unacceptable noise levels and will therefore accord with Policy H14 (e) in relation to noise.

It is also relevant to note that this is the site of a former petrol filling station (c1980s) and garage such that a full Phase 1 desktop contamination report was submitted with the original outline application and has been resubmitted with this application. With regard to relevant planning policy, Policy GE25 of the UDP relates directly to contaminated land and determines that where contaminated land is identified, development will not be permitted on, or next to, the affected land unless the contamination problems can be effectively treated so as to remove any threats to human health. Similarly, Policy GE19 relates to water resources and states that development will only be permitted were it would not have any adverse effect on the quantity or quality of surface or groundwater resources.

The desk top report indicates that there is some potential for contamination as a result of leakages and spillages arising from the former petrol filling station as well as some unknown contaminants across the whole site arising from the generic made ground; potential contaminants include arsenic, cadmium, lead and mercury. The report concludes that the qualitative level of risk associated with any made ground contamination being present is considered to be moderate to high due to its former use as a petrol filling station. It is mainly a risk to end users, construction workers and sub-surface building material as a result of direct contact and possible leachate migration. The impact on adjacent watercourses however, is determined to be low to moderate with the nearest classified watercourse lying 170 metres to the east of the site and the nearest unclassified watercourse located 210 metres to the south. In summary, the report recommends a Phase 2 ground contamination report, which will essentially comprise borehole sampling to cover the proposed development area to determine the nature of underlying ground conditions, groundwork monitoring if required and gas monitoring if required (though not envisaged). On the basis of requiring a Phase 2 contamination report by condition prior to the commencement of development, it is concluded that the application is in accordance with Policy GE19 and GE25.

Highways and accessibility

Policy T21 of the UDP advises that provision will be made for car parking where it would meet the operational needs of businesses. Additionally, Policy H14 (d) requires that new development provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians.

This application proposes to utilise the existing site access to the car showroom and garage; the dwellings are then served from a private road with a turning head

21 provided at the northern end of the site. Highways Development Control has raised no objection to the proposed highway layout subject to a condition requiring cross-sections and long-sections of the access road and junction onto Main Road. As such, the proposed access is considered acceptable in principle.

With regard to parking, each dwelling has an integral garage with an additional driveway space thus securing 2 parking spaces per dwelling. The Unitary Development Plan determines that outside the City Centre, parking provision for 4- 5 bedroom houses should equate to a guideline of 2-3 spaces per dwelling, to which this application is consistent. It is therefore considered to accord with Policy T21 of the UDP.

Policy H7 of the Unitary Development Plan encourages all new housing to provide at least 25% of the accommodation to mobility housing standards. This requirement is sought by planning condition.

Open Space

Policy H16 of the Unitary Development Plan requires that the developer make a financial contribution towards the provision or enhancement of public open space within the vicinity of the application site. The requirement is based on any development of more than 5 dwellings. The applicant has been requested to enter into a unilateral planning obligation to pay the Council the sum of £13,472.40 upon the commencement of development. The monies would then be distributed in consultation with the relevant Area Panel.

RESPONSE TO REPRESENTATIONS

The majority of objections to this development relate to the relationship between the proposed dwellings and existing dwellings on Don Avenue, the impact of which has been assessed fully in the report above. The remaining responses to representations are summarised below:

- The houses will be straight in front of the bungalows on Don Avenue and block out the light causing great distress to the elderly population that live there. As noted above, the eaves level of the proposed dwellings are equivalent to the ground level of the bungalows on Don Avenue with the roof levels of the new houses also below the roof level of the bungalows such that they should not block out light to these dwellings.

- The new properties will look straight into the bungalow bedrooms: this is considered in the report above and all the proposed dwellings exceed the minimum privacy guidelines established in the SPG on house extensions.

- The cross-section does not show the bungalows at 39-45 Don Avenue, which gives a false impression of how close the nearest property is to the site. A further cross-section was requested and submitted prior to the recommendations outlined in this report and the site layout allows distances between existing and proposed dwellings to be assessed.

22 - Extra pressure on the over-populated community at Wharncliffe Side, which is struggling with the community infrastructure; it is not considered that an additional 8 dwellings would place sufficient pressure on the existing community infrastructure to warrant refusal of this application.

- Only just regained the full return of original existing habitat and wildlife from previous development of this site; what guarantees are there over existing flora and fauna? The site is not considered to be one with significant ecological value and as noted in the report above, the residential gardens created as a result of this development are likely to create a habitat for flora and fauna.

- The gardens suffer flooding after heavy rain as a result of disturbance to the land drainage system; more soil shifting and land alteration will only add to the problems. The application lies within Flood Zone 1 as defined by the Environment Agency, which has less than a 1:1000 annual probability of river and sea flooding. It is acknowledged, however, that there will be some land alteration as a result of this application and a condition is therefore proposed seeking further details final land levels and drainage.

- How will already over-subscribed schools and doctors surgery cope with the additional families? It is understood that whilst schools within the locality of the site are nearing capacity, there are still school places available and there is no requirement for an educational contribution in this instance. With regard to Doctors surgery’s, the Sheffield Primary Care Trust website confirms that GP practices in closest proximity to the site (including The Oughtibridge Surgery and Deepcar Medical Centre) are all accepting new patients.

- Will the gas vapours pose any issues? As noted above, a Phase 2 contamination report will be required by condition, which will further assess contamination of this site by means of borehole testing though the Phase 1 report did not envisage that gas monitoring would be required in any event.

- Impact on privacy due to overlooking: considered in the report above.

- Will the existing sewers cope? Yorkshire Water confirmed as part of the outline application that a water and sewer supply could be provided to this site, details of which will be required by planning condition.

- Views of the crags will disappear: It is acknowledged that residents on Don Avenue may lose a proportion of their view to the rear of their properties. However, there is no right to a view within the present planning system and as such, cannot constitute a reason for refusal.

- Extra noise and disturbance, which will spoil the tranquillity currently enjoyed by residents. It is not considered that eight residential dwellings would create any greater potential for noise and disturbance than the existing use of the site as a garage and would not warrant a reason for refusal given the sufficient distances between dwellings.

- The 2005 application included reports on noise, contamination and hydrology and it seems inadequate to now submit an application without regard to these: These reports have subsequently been resubmitted to support the current application and their findings considered in this recommendation to Planning Board.

- The proposal is misleading on the grounds that the proposal is for two blocks of three storey plus accommodation within the roof space, which is effectively four storey: Whilst there is accommodation within the roofspace, it is contained fully within the roofspace and the roof has a pitch that is appropriate to the scale of the dwelling; on this basis it is not considered to be a four storey dwelling.

- Unclear why two separate applications have been made when the houses proposed are identical: As noted in the report above, the application for eight dwellinghouses is largely consistent in scale, form and siting to the outline consent previously approved. The three dwellinghouses represented a variation from the outline previously approved and were therefore submitted as a separate application on the basis that they make require further assessment and negotiation.

- A considerable part of the site towards the north has been left undeveloped: It is the case that the boundary of the outline application comprised the whole of the Cloverleaf Cars site, part of which is now excluded from the current application(s). The owner of the site now wishes to retain part of the plot and it is for this reason that it has been excluded and left undeveloped.

- If the undeveloped part of the site were included in the application, it would be possible to build more ‘normal’ houses, which would be more in keeping with the rest of the village: The present owner wishes to retain the undeveloped part of the site. It is also relevant to note that this application proposes the same layout, height and external appearance of dwellinghouses as the previously approved outline, which secured the principles of scale, siting and design irrespective of whether the undeveloped part of the site were included or not.

SUMMARY AND RECOMMENDATION

This application proposes the construction of four pairs of semi-detached 4- bedroom dwellings at Wharncliffe Side. The site lies within an area designated for housing within the Adopted Unitary Development Plan and thus the principle of development is in accordance with current local planning policy. Whilst accepting that 3 storey dwellings with integral garages and accommodation within the roof space are not directly in character with existing residential development in Wharncliffe Side, it is considered that the application site is, to a degree, detached from surrounding housing; it is separated from 237a by retained garage buildings and by a distance of 19 metres and is visually distinct from houses to the rear because of the significant change in level between Main Road and Don Avenue. Moreover, the distance between existing dwellings and those proposed is

24 significantly in excess of guidelines established within the Designing House Extensions SPG such that there is not considered to be a significant impact on the amenity and privacy of existing residents to warrant a refusal of this application. It is also the case that the eight houses proposed within this application are predominantly consistent in height, siting and design to those approved as part of the outline consent granted for this site in 2005 (04/04017/OUT), which was also determined in accordance with the UDP.

The application is therefore recommended for conditional approval subject to a Planning Obligation under Section 106 with the following Heads of Terms:

(i) The Owner shall pay to the Council on or before the first occupation of the development the sum of £13,472.40 to be used for the provision of open space in the locality of the site.

Case Number 08/01106/FUL

Application Type A Full Planning Application

Proposal Erection of a detached dwellinghouse with integral garage (additional information received 9.5.2008, additional plan received 2/7/08 and amended front elevation received 2/7/08)

Location Land Adjoining 10 (forrmerly Curtilage Of 10) 10 St Wandrilles Close Ecclesfield Sheffield

Date Received 05/03/2008

Team NORTH & WEST

Applicant/Agent Freeman Associates

Recommendation Grant Conditionally

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, Part 1 (Classes A to E inclusive), Part 2 (Class A), or any Order revoking or re-enacting that Order, no extensions, porches, garages, ancillary curtilage buildings, swimming pools, enclosures, fences, walls or alterations which materially affect the external appearance of the development 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.

4 Prior to the dwelling becoming occupied, the car parking accommodation shall have been provided as indicated on the approved plans, surfaced, sealed and drained to the satisfaction of the Local Planning Authority, and retained / maintained thereafter.

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

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

In the interests of the safety of road users.

6 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.

7 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.

8 Where access driveways give both vehicular and pedestrian access to a dwelling, the driveway shall be at least 3.2 metres in width.

In the interests of the safety of road users.

9 Prior to works starting on site a dilapidation survey of the highways adjoining the site shall have been jointly undertaken with the Council and the results of which shall be agreed in writing with the Local Planning Authority. Any remedial works shall have been completed to the satisfaction of the Local Planning authority prior to full occupation.

In the interests of the safety of road users.

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

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

11 Finished Floor levels shall be set no lower than 600 millimetres above surrounding ground levels.

To reduce the risk of flooding.

12 The position of the property and boundary treatments shall be as shown on Drawing Number FR.3584/02/A.

To prevent increasing the flood risk elsewhere by obstructing the flood flow paths from the Whitely Brook.

13 Before any work on site is commenced, a comprehensive and detailed hard and soft landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The landscape works shall be implemented prior to the development being brought into use or within an alternative timescale to be first agreed in writing with the Local Planning Authority. Thereafter the landscaped areas shall be retained and they shall be cultivated and maintained for a period of 5 years from the date of implementation and any plant failures within that five year period shall be replaced unless otherwise agreed by the Local Planning Authority.

In the interests of the amenities of the locality.

14 Before any work on site is commenced, measures to protect the existing (variable trees, shrubs,hedge/s) 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 amenities of the locality.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas GE20 - Flood Defence

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

Attention is drawn to the following directives:

1. The applicant is reminded that the Planning Policy Statement 25 "Development and Flood Risk" states that it is clearly their own responsibility to ensure that the site can be developed and occupied safely. It is the applicants responsibility to ensure the validity of their FRA upon the commencement of development. The Applicant is reminded that there is a residual flood risk of flooding in the area when the watercourse is breached or overtopped.

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

3. The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services. The agreed address must be clearly displayed at each individual property before occupation in order to ensure that the postal service can correctly locate each property of delivery purposes.

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

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

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

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

5. 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

29 www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

Site Location

LOCATION AND PROPOSAL

The application site relates to the garden area of 10 St Wandrilles Close. This is a single property that has a substantial garden area extending the length of the close. A pair of semi detached properties has already been developed at the eastern part of the site, fronting onto the highway. This application proposes to develop at 4 bedroomed detached property alongside these.

RELEVANT PLANNING HISTORY

The two applications below relate to the neighbouring site.

05/00686/OUT Erection of 2 dwellings was granted 13.07.2005 06/00874/REM Erection of 2 dwellings and a garage (in accordance with amended plans received on 18.05.06) was granted 25.05.2006

Application site:

07/02900/FUL Erection of a detached dwellinghouse with integral garage was withdrawn17.09.2007

SUMMARY OF REPRESENTATIONS

Ecclesfield Parish Council raise no objection to the scheme.

Two letters of representation have been received from neighbouring properties reiterating points raised on previously withdrawn scheme. The points raised are summarised below;

- Concern is raised regarding an increase in flood risk issues, including to third party property. - Concern is raised regarding the loss of the tree, due to the role they play in ; reducing climate change, sound absorption, promoting moisture retention - given flooding, in the area, their beneficial effect on wellbeing and visual benefit. - Concern is raised regarding setting a precedent for tree removal. - Concern was raised regarding the impact of additional traffic on the surface of the road.

PLANNING ASSESSMENT

The application site is located in a Housing Area as identified in the Sheffield Unitary Development Plan. Policy H10 of the UDP identifies housing development as being the preferred development type in this location subject to compliance with other relevant policies.

Policy H14 is also applicable and seeks to ensure development is of appropriate design, has an appropriate impact of the amenities of other properties and provides safe access onto the highway network.

The site is located within flood risk zone 3. Policy GE20 of the UDP is also applicable and seeks to ensure that proposed and existing development is protected from flood risk.

Design

The streetscene is mixed. The southern side of the street comprises of gable roofed semi detached properties that are partly constructed from artificial stone with the upper floors being UPVC clad. No 10 is a modern detached gable style property constructed from red brick with stone quoins and grey roof tiles. The pair of semis is constructed from red brick, with grey tile roof and contrasting brickwork

31 above the windows. The properties have a central gable feature that projects towards the street. The proposed scheme is designed with a gable roof with a projecting gable feature. The ridge is shown to have a contrasting brickwork course to break up the elevations and also on the gables up to the ridge. The property is shown to have an integral garage.

A streetscene elevation has been provided showing the height of the dwelling being comparable to the newly completed adjacent properties.

The agent has supplied plans to demonstrate that the dwelling will be sited in an appropriate position in relation to the neighbouring dwelling.

The dwelling is proposed with brick facing materials , which is acceptable in principle and concrete interlocking tiles. Final materials can be controlled by condition. The applicant has improved the design of the dwelling showing the canopy with the previously shown hip removed, to reflect the style of the dwelling. The design of the scheme is considered to be appropriate given the context and would have an acceptable impact on the streetscene.

Amenity

The garden depth is shown to be 5.8 metres. The plot is approximately 13.9 metres wide. Overall the rear garden provides approximately 80 square metres of amenity space. It is acknowledged that it would be preferable to see a greater plot depth, however there is no harm caused to surrounding properties arising as a result of the layout shown, and the area of amenity space is above the recommended size, therefore refusal cannot be justified. In addition the remaining garden area of No 10, would still remain sizable. Given the proximity of the rear elevation to the boundary, then permitted development rights shall be removed to protect the amenity of No 10.

The windows are confined mainly to the front and rear elevations of the dwelling. The properties across the road are 19 metres to the main frontage. This is an acceptable separation, particularly across a highway. Although the windows in the rear elevation are only 5.8 metres from garden associated with No 10, this area of land is not the most private garden space, therefore refusal could not be justified on these grounds. A window to a WC is shown in the side elevation that would face onto the side of No 4, given that this would serve a WC, loss of privacy would not arise as a result of this.

The closest property to the application site is the newly constructed property of No 4. The new dwelling would project beyond the rear of this, but not to a degree that an unacceptable level of overshadowing would arise. Other properties are considered to be sufficient distance from the new dwelling so that no overbearing or overshadowing issues would arise. Landscaping

One ash tree is proposed to be removed to facilitate the development. No objection is raised with regards to this as it has no long term future. It is felt that it would be

32 best to remove this and introduce replacement planting. This is recommended to be 2 heavy standard sized replacements which can be required as part of a landscaping scheme. This can be controlled by condition. As a result of replacement trees being required it is considered that no harm would arise as a result of the existing tree, particularly given its health issues. The remaining trees can be protected by a suitable condition during construction works.

Flood Risk

The scheme falls within high risk flood zone 3. A Flood Risk Assessment has been provided appropriate to the scale and nature of the development and is considered to be acceptable, together with the submitted plans. The Environment Agency recommends that the conditions in line with recommendations detailed in the Flood Risk Assessment, such as the height of the finished floor levels and the layout and boundary treatments detailed on plan that will allow floodwater over the site. The plans show that the flood flow path would not be obstructed by the development. These issues can be controlled by condition.

RESPONSE TO REPRESENTATIONS

The issues raised through representation have largely been discussed in the above assessment;

Concern is raised regarding an increase in flood risk issues, including to third party property. – This issue has been assessed in conjunction with the Environment Agency. A condition has been attached relating to the position of the property and boundaries to prevent the increase of flood risk else where.

Concern is raised regarding setting a precedent for tree removal. – In this instance the tree is not worthy of preservation and is unhealthy. Replacement planning will be controlled by condition. Any future application will be treated on its own merits.

Concern was raised regarding the impact of additional traffic on the surface of the road- a condition has been attached to require a dilapidation survey to look at the standard of the highway

SUMMARY AND RECOMMENDATION

It is concluded that the scheme is acceptable in terms of its design and appearance and impact on surrounding residential properties and the highway network. The scheme as been assessed with regards to its location in Flood Risk Zone 3 and it is concluded that with the conditions proposed the level of risk to the new development and surrounding properties is acceptable. For these reasons it is concluded that the scheme is compliant with Policies H10, H14 and GE20 of the Sheffield Unitary Development Plan.

Recommendation: Approve.

Case Number 08/01053/FUL

Application Type A Full Planning Application

Proposal Demolition of petrol filling station and construction of 3- storey mixed use development consisting of 3 commercial units on ground floor and 16 flats above (amended plans received 25/6/2008 and noise data received 14/5/08)

Location Jet Service Station 45 Ecclesfield Road Chapeltown Sheffield S35 1TD

Date Received 07/03/2008

Team NORTH & WEST

Applicant/Agent Axis Architecture

Recommendation Refuse

For the following reason(s):

1 The justification for the commercial elements requested in writing on the 4th June 2008 has not been supplied. In the absence of such information the Local Planning Authority must assume that the proposed development could have a detrimental impact on the district shopping area. As such the development is deemed contrary to Policy PPS6 of the Unitary Development Plan.

2 The Local Planning Authority consider that the proposed 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 H14 of the Unitary Development Plan.

3 The Local Planning Authority consider that the design of the scheme by virtue of its layout fails to promote adequate personal safety and security and would therefore result in unsatisfactory living conditions. As such the scheme is deemed contrary to policies BE5 and H5 of the Sheffield Unitary Development Plan.

4 The legal agreement towards securing a contribution towards open space has not been supplied. In the absence of such information the Local Planning Authority must assume that the proposed development would fail to meet the needs of local people living in the development. As such the

34 development is deemed contrary to Policy H16 of the Unitary Development Plan and Supplementary Planning Guidance ‘Open Space Provision in New Housing Development'.

5 The Local Planning Authority consider that insufficient measures have been incorporated into the scheme to secure at least 10% of their energy from decentralised and renewable or low-carbon sources, the scheme fails to make energy savings in the interests of mitigating the effects of climate change and is therefore contrary to Policy EN5 of the Regional Spatial Strategy.

6 The proposed development does not include sufficient car parking accommodation within the site and the Local Planning Authority consider that, in the absence of such car parking accommodation, the proposed development could lead to an increase in on-street parking in the vicinity of the site, which would be detrimental to the safety of road users and, as such, contrary to Unitary Development Plan Policies H5 and H14.

35 Site Location

LOCATION AND PROPOSAL

The application relates to the former Jet filling station site located on Ecclesfield Road on the approach to Chapeltown. The site is currently unused and boarded up. To the rear of the site, at a lower level, is the railway line. To the north is a single storey flat roofed building housing an opticians, to the south of the site is a two storey residential property and across the highway in elevated positions are detached properties ranging design and age, with some modern infill development.

The applicants are seeking consent for a thee storey building housing up to 3 commercial units at ground floor with 16 residential units occupying the upper floor. Car parking accommodation is included as part of the scheme.

36 The applicants are seeking consent for the commercial units to be a mixture of A1 (retail) A2( Financial and Professional Services and D1 (none residential institutions).

The application site falls within a designated Housing Area as defined in the adopted Sheffield Unitary Development Plan. Land to the east is designated Green Belt land in the Unitary Development Plan.

RELEVANT PLANNING HISTORY

07/00224/CHU Use of petrol filling station for the sale of cars and tyres was granted 14.03.2007

There have been a number of planning applications approved between 1978 and 1992 relating to the use of the site as a petrol filling station including installation of petrol tanks, erection of car wash machine and extension to form office. More recently, in 2000 and 2002, advertisement consent was granted for re-signing of the filling station.

SUMMARY OF REPRESENTATIONS

14 letters of representation (including 1 duplicate) have been received from local residents objecting to the scheme. Included within this was a petition against the development including 147 signatures. The concerns raised are detailed below;

- The design of the property is out of keeping with the traditional residential properties in the vicinity. The building is incongruous with the character and built form / materials in the area. - The building is too high - Concern is raised that flats are out of keeping with the locality. - The front elevation would be in close proximity to the pavement and would present a slab like façade having an overbearing impact on the streetscene, and the houses opposite by virtue of its mass and height. - Objection is raised to the extremely high density, 114 dwellings per hectare, given the site is located away from existing centres, this density is not justified. - The site would be overdeveloped, particularly combined with the commercial elements. - Insufficient amenity space is allocated to the residential units – a consequence of the overdevelopment of the site. - Objection is raised to the materials, they would be glazing and harsh on the eye and out of character. - The fabric of the building would quickly deteriorate. - Other developments have apex roofs and are brick built. The flat roof is out of character. - Concern is raised that views of the park would be lost. - Concern is raised regarding devaluation of property - The supply of flats’ will outstrip demand - The scheme appears more suitable as an office block on an industrial site.

37 - Concern is raised regarding the lack of clarity and accuracy over the type and opening hours of the commercial premises. - Concern is raised that the commercial element would be a magnet for crime. - Query is raised regarding the need for further retail space, given the wide range of existing businesses. - Concern is raised regarding problems associated with commercial premises, eg congregation in the evenings, noise, litter and pollution. - Concern is raised that the commercial premises may lead to noise and disruption arising from their use at peak times. - Comment is made that the commercial uses are inappropriate in this location and are too far out of centre. - There is insufficient parking for the flats, commercial units, visitors deliveries etc. - Concern is raised regarding hazards caused by on street parking. - Concern is raised regarding increased traffic generation on Ecclesfield Road. - Concern is raised regarding highway safety, particularly children crossing the road to access the commercial premises. – particularly give the proximity to local schools. - Concern is raised regarding obstruction to property. - Traffic restrictions would shift highway issues. - It would be unsatisfactory to argue that the petrol station was heavily trafficked as justification for approval, as this was not heavily used, all traffic was contained within the site and it was closed in the evenings. There is potential for intensification at peak times. - Concern is raise regarding turning across traffic into and out of the site. - Insufficient regard has been had to promoting other modes of transport. - Concern is raised regarding overlooking. - The scheme would block sunlight. - The development would cause glare. - Concern is raised regarding drainage capacity and flooding implications. - Concern is raised that the noise data is misleading, and the report suggests that sound levels are close to the category C limit. - The noise does not take into account freight traffic or advancements in the usage of the line which is predicted or diverted high speed trains that are more noisy, possibly pushing the noise category to D which is unacceptable in planning terms.. - The survey doesn’t take into account vibrations - Further noise assessment is required. - Concern is raised regarding noise transmission from railway, which may be worse as the flats are elevated. Mitigation would only go some way and would have no effect when windows are open. - Concern is raised that the lights on the building/ development may distract train drivers. - Concern is raised regarding noise arising from the scheme. - Concern is raised regarding disamenity arising from lighting connected with the scheme. - Single level terraced. Town housing would be more acceptable - There is no indication that the roof is green in the visuals. - Comment is made that no affordable housing has been proposed.

Representation has also been received from Councillor Patricia Fox raising the following objections to the scheme;

- Overdevelopment of the site - Concerns regarding vibrations from trains - Concerns raised regarding insufficient parking, and consequential impact on the highway network. - The building is completely out of character with existing housing.

Ecclesfield Parish Council: Support the residents in their objection and raise particular concerns regarding;

- The deterioration in road safety. - The nature of the development is out of character and will be overbearing and incongruous. - Insufficient parking - Deterioration in amenity values of residents on Ecclesfield Road including lack of views, reduction in values etc.

Network Rail make the comment of No objection in principle and list requirements which must be met when building so close to the railway line. Concern is however raised regarding the proximity of access stairs to the railway, it is recommended this should be 2 metres away to allow for access to the railway and structure without the need to close the railway, which is a lengthy and costly process.

PLANNING ASSESSMENT

Policy

The application site is located within a housing area as identified within the UDP. Policy H10 lists residential development as being the preferred development type in this location. Up to three commercial units are also proposed, which the applicant proposes to be a mixture of A1 (retail) A2( Financial and Professional Services) and D1 (non-residential institutions). Policy H10 lists these uses as being acceptable, however although shops A1 (up to 280 sq.m) are an acceptable use in principle in the UDP. PPS6 has superseded this, and requires the applicants to demonstrate; a) the need for development (PPS6 paragraphs 3.8 - 3.11) b) that the development is of an appropriate scale (paragraph 3.12) c) that there are no more central sites for development (paragraphs (3.13 - 3.19) d) that there are no unacceptable impacts on existing centres (paragraphs (3.20 - 3.23) and e) that locations are accessible (paragraphs 3.24-3.27)

Despite a request for this information it has not been supplied. The applicant provides a short justification and states that the scheme would develop brown field site that is currently a blot on the landscape. These issues are not disputed. The applicant goes on to say that provision of flats at ground floor would prove

39 problematic due to overlooking problems of people using the pavement and for this reason the proposed mixed use of the site is the best option. This statement is disputed as residential accommodation on ground floors is typical of countless number of schemes across the city and with appropriate, and perhaps less intense use of the site, this could be an option. The applicant also comments that the site has existing retail use and is located next to an existing retail outlet.

Any retail use that has existed on this site has been ancillary to other sui generis uses. The existing site has not fallen within the A1 use class. The units appear to be speculative and therefore could result in a single use or combination. There is no evidence of retail demand, the approval of the scheme could allow for the possibility of a retailer that would be appropriate in a district centre, where there may be vacant properties to let and more suitable sites to develop for commercial use.

It is not disputed that the site would benefit from redevelopment and would reuse previously developed land, however without the provision of information to support the proposal of the commercial elements of the scheme, it must be assumed that this element would be unacceptable.

The scheme must also be assessed against policy H14 ‘Conditions on Development in Housing Areas’ which seeks to ensure new development is of appropriate design, has an acceptable impact on surrounding properties and ensures adequate highway safety amongst other things.

Policy BE5 is also applicable and is concerned with ensuring good design, and Policy H5 seeks to ensure the concentration of flats does not cause nuisance to existing residents, provides satisfactory living accommodation and appropriate off street parking.

Design

The streetscene is mixed with the properties on the site of the road of the application site, being two storey residential to the south and a flat roofed single storey building to the north. Across the highway are traditional pitched roofed properties with some more modern infill plots. These properties are elevated above the highway.

The applicant has taken a contemporary approach to the design of the scheme. The limitations of the site are acknowledged, the narrow depth of the site limits the ways in which the site can be developed, particularly with providing a suitable solution for off street parking.

The building would be viewed as a stand alone development, which would enable its unique design to be supported within the streetscene. Although it is acknowledged that the building would be prominent by virtue of its contemporary design, the design quality and the choice of materials are not considered to be poor quality.

40 The height of the building is lower than those across the highway, but would sit higher than the properties either side, but not significantly higher than the property to the south.

The position of the building and its relation ship to the highway is considered acceptable given that there is not a strong building line in the locality.

Although the building is sizable in its presentation to Ecclesfield Road, the materials and open aspect beneath the residential element reduce the impact of the building, giving it a light weight feel.

The scheme is also detailed to have a green roof, this is welcomed from a design point of view as well as in terms of sustainability.

The scheme would be visible from the green belt. It is acknowledged that it will be more prominent that the existing development on the site, but it will be viewed against the existing urbanisation, on balance it is considered that it would not detract from the green belt.

Crime

The Police Architectural Liaison Officer has commented on the scheme and reiterates many of the issues raised through representation and others that are covered within the assessment. Incidents of crime, including vandalism and graffiti within the area are documented. Given the commercial element on site, concern is raised that criminal elements will be attracted to the site. Concern is raised that shutter may be required to the commercial units that would alter the visual character of the area. Concern is also raised that there are number of blank walls that may act as a canvas for graffiti. Concern is raised that it may be easy to access the rear balconies, however it is acknowledged this could be overcome by an alternative style of fencing.

Particular concern is raised regarding the area to the rear of the commercial units, which is anticipated to be dark most of the time, with the fencing to the rear creating an enclosed area. No detail has been provided regarding lighting or CCTV or other security methods. This area has the potential to hide offenders. This concern is similarly shared in relation to the residential parking, which although would be under cover they would not be enclosed or secure. Residents would only overlook parking beyond the covered area.

Given the above comments it is felt that the scheme falls short of ensuring acceptable living conditions for future residents, the major concern is the unobserved dark area to the rear of the commercial units and the experience that users of the covered car park may have for example the disabled space to the rear of the site is particularly vulnerable. For these reasons the scheme is considered to be contrary to H5 and BE5 of the Unitary Development Plan.

41 Access

Policy H7 and SPG on Mobility housing requires a proportion of housing to be designed to mobility housing standards. The scheme demonstrates this and has positively amended plans to overcome access issues.

Amenity of Surrounding Residents.

The front elevation presents an expanse of 50 metres of main frontage to Ecclesfield Road, within approximately 1.7 metres from the highway. The accommodation although on three storeys is approximately 9.7 metres high. The residential properties across the highway are located in an elevated position above the highway. The applicants have provided a cross section through the site and an opposite property showing that the ridgeline of the properties opposite site 2250 mm above the height of the roof. The opposite properties are angled to the north east rather than directly fronting on to the scheme. The minimum distance of these properties from the site is approximately 25 metres. Over this separation distance, and given the heights of the buildings, it is considered that despite the massing the building would not cause significant overshadowing and overbearing issues to this property, particularly given its orientation to the east.

The side elevation of the three storey element is shown to be approximately 6 metres from the boundary with No 47 Ecclesfield Road. The two storey staircase element is shown to be positioned in excess of 1 metre from this boundary. No 47 is located to the south of the site, and therefore due to the orientation the property would not result in a significant loss of light, particularly given the distance of 14 metres from the main side elevation of the development to the side of the garage associated with No 47. The main elevation of No 47 is positioned further away and has a bathroom window in the side elevation. On balance it is concluded that significant disamenity would not arise to No 47 as a result of overbearing and overshadowing issues.

To the north of the site is an opticians, this and other properties in the vicinity are located such a distance from the proposed building that they would not be significantly affected through overbearing or overshadowing issues.

The building is shown with a high level of glazing, as previously detailed the properties across the road are angled slightly which reduces direct overlooking. This elevation contains clear and obscured glazing, the proportion of clear glazing is typical on the front elevation and given the separation distance of 25 metres and greater, it is concluded that adequate privacy levels would be maintained.

The southern elevations of the main building and fire escape stairway, facing No 47 is shown to be predominantly rendered with no openings, however the upper floor residential accommodation have walk out terraces to the rear. Concern was raised with the applicant regarding overlooking from these to No 47, and the applicant has responded by increasing the height of the side screens to 1.5 metres and have detailed that this would be obscured. This height is not considered to be sufficient to provide adequate screening as it would be below eye height. Given the

42 distance to the neighbouring boundary it is considered that unacceptable overlooking would arise to the rear garden of this property.

The northern elevation is shown with a mixture of clear and obscured panels, given the distance of the neighbouring site to the north and its commercial nature loss of privacy would not be an issue.

The predominant outlook from the rear outdoor amenity space would be over the green belt land to the rear and would not compromise privacy. It is acknowledged that there is residential property located off Cowley Lane that would be visible from the development given its elevated nature, however the closest property is over 50 metres away and located to the north east, over such a distance significant loss of amenity would not arise.

Amenity within the Site

The scheme provides private amenity space for each unit. For this type of accommodation it is expected that between 5 and 10 square metres per unit should be provided, usually this is in the form of shared amenity space however, the scheme achieves this by providing a good sized area of individual amenity space.

The balconies on the upper floor are shorter than those below and result in the ability to overlook the part of the space below. The dividers between the balconies are shown at approx 1.5 metres which would allow some overlooking. Concern is raised that at this height there would be the ability to look in to neighbouring properties living spaces.

Some reservations were raised with the applicants during the course of the application regarding overshadowing from the balconies in the second floor to the main habitable rooms on the floor below. The agent has reduced the most extreme overhang to improve this. The most excessive balcony depth is now approximately 2.7 metres, although it is acknowledged that this would reduce natural light in to the main rooms, comparisons can be drawn to other recently granted examples within the city, and on balance it is not considered that living conditions would be substandard.

Noise

The application site is located immediately adjacent to the main Barnsley – Sheffield Railway Line and also the busy Ecclesfield Road. The rail line on average has 4 trains per hour between 05.30 and 23.30. The applicants have submitted a noise survey and revised it following discussions with the Environmental Protection Officer, this is now considered acceptable subject to appropriate conditions.

No hours of operation of the commercial premises have been detailed, however this could have been controlled by condition. It is noted that the previous consent restricted hours of operation of the car garage and tyre sale business to shorter opening hours, however it is argued that this was due to the more noisy nature of the use. In this instance longer hours of operation would be acceptable, given the

43 noise attenuation proposed and the separation distance between neighbouring properties.

Contamination

The site is likely to be subject to contamination given the previous use, these issues can be remediated. This issue can be adequately controlled by appropriate conditions.

Sustainability

The applicant details that the site is located within 300 metres of Chapeltown Centre and is located on a main bus route and within walking distance of the train station. It is acknowledged that this is a relatively sustainable location.

The applicant states that they intend to provide a green roof facility, grey water recycling and a hydro brake system should this prove feasible following a survey. The scheme also details a cycle store and recycling facilities. These features are welcomed, however The development must provide 10% Renewable Energy on site. The Regional Spatial Strategy, which was adopted in May of this year, states in Policy EN5: Energy that:

“In advance of local targets being set in DPDs, new developments of more than 10 dwellings or 1000m2 of non-residential floorspace should secure at least 10% of their energy from decentralised and renewable or low-carbon sources, unless, having regard to the type of development involved and its design, this is not feasible or viable.”

This policy now overrides the UDP. In the absence of such features being incorporated into the scheme, this must constitute a reason for refusal.

Highways

When applying the maximum parking standards to the development proposal, food retail equates to 23 spaces, non-food retail equates to 14 spaces, and the residential element equates to 20 spaces. Whilst it might not be appropriate to apply the maximum standards, it is felt that 23 spaces indicated on the submitted plans would struggle to accommodate the demand. No detail has been submitted of how spaces would be allocated and managed, or how residential spaces might be segregated from retail spaces (particularly during evenings and weekends when the parking demands will coincide).

The submitted plans suggest servicing would take place from the public highway. Any overspill parking occurring on-street associated with development may actually force service vehicles to park some distance from the site, resulting in goods being trolled along the pavement. There is also a concern that on-street parking will interfere with sight lines out of the site, onto a heavily trafficked classified road, which can be quite high speed during off peak periods.

44 If the application was approved, the closest pedestrians can hop on and off and island whilst crossing Ecclesfield Road is at the roundabout in Chapeltown, some 360 metres to the north. Most properties in the vicinity of the site are on the opposite side of Ecclesfield Road. To connect the retail to these properties, it would be necessary to construct a pedestrian refuge, however given the above the scheme us considered to be unacceptable on highway safety grounds.

Landscape

The applicant has not included significant detail of landscaping within the scheme. Some planting is shown on the site frontage and to the edge of the car parking. In addition the applicant states that the building would have a green roof. Further emphasis should be placed on landscaping in front of the building and car park. This issued would be acceptable to be developed through condition. The existing landscaping within the site is not worthy of preservation and is loss would not cause any harm.

Open Space

The site is within an area where there is below the minimum guideline requirement for informal open space, having 2.41 hectares per thousand population, compared to the minimum guideline figure for such space of between 4.1 and 4.3 hectares per thousand population. The catchment area is well above the minimum guideline for open space, having 2.71 hectares per thousand, compared with the minimum guideline provision of such space 1.7 to 1.9. Overall provision is 5.12 hectares per thousand population, well below the minimum guideline of 6.00.

Policy H16 requires the developer to make a contribution to the provision or improvement of recreation space in the catchment area. In order to comply with this policy, the applicant must sign a legal agreement to pay £5026.40 towards the provision/ enhancement of open space within the catchment area. This amount has been calculated based on figures contained in the Councils Supplementary Planning Guidance on Open Space Provision in New Housing Developments and includes a 3% administration fee. The priority site is identified as Chapeltown Park. No legal agreement has been received, without this the scheme fails to comply with Policy H16 of the UDP and SPG on Open Space Provision in new housing development.

Drainage

The site is not located within the flood plane. No significant drainage issues apply to this site that could not be dealt with by condition.

RESPONSE TO REPRESENTATIONS

Concern is raised that flats are out of keeping with the locality. – national policy promotes a mix of accommodation types. Flats are acceptable in this locality

Objection is raised to the materials, they would be glazing and harsh on the eye and out of character and cause glare. Glazing exists within all residential

45 properties, some of this will be frosted. The final finish would have been controlled by condition.

The fabric of the building would quickly deteriorate. Glazing is not considered to be difficult to maintain

Concern is raised that views of the park would be lost. – loss of private view is a non planning issue.

Concern is raised regarding devaluation of property – non planning issue.

The supply of flats’ will outstrip demand. - It is not the planning systems role to regulate the market

The scheme appears more suitable as an office block on an industrial site. The design of the building is a contemporary residential block

Concern is raised regarding problems associated with commercial premises, eg congregation in the evenings, noise, litter and pollution. – suitable conditions and separate legislation could mitigate against this.

Concern is raised regarding increased traffic generation on Ecclesfield Road. – A significant increase in the use of this road is not envisaged.

Concern is raised regarding obstruction to property. –other legislation covers this.

A number of concerns have been raised regarding the noise report. The Environmental Protection Officer has looked at this in depth and considers the survey to have been conservative and allowed for some intensification of use. It is noted that the report did not take into account vibrations, however it is not expected that these would have been significant. Had the scheme been acceptable consideration could have been given to conditions requiring additional information to be submitted to address these issues / inconsistencies.

Concern is raised regarding noise transmission from railway, which may be worse as the flats are elevated. Mitigation would only go some way and would have no effect when windows are open. Again this issue has been discussed in some depth and a condition could have been attached to ensure alternative acoustically treated ventilation to ensure living standards were acceptable.

Concern is raised that the lights on the building/ development may distract train drivers- residential development exists in close proximity to railway lines in similar circumstances to this. Further more no objection has been raised relating to this by network rail.

Concern is raised regarding disamenity arising from lighting connected with the scheme. Given the nature of the area lighting would have been acceptable, details would have been required of this to prevent this being an issue.

46 Comment is made that no affordable housing has been proposed. – the scheme is below the threshold to trigger the need for this.

Concern has been raised regarding the density and overdevelopment issues. It is clear from the above assessment that the combination of the type of units on site, their number and the dimension of the site have lead to there being insufficient parking, which is sited as a reason for refusal.

Loss of value of property is not a planning consideration.

The comments raised by Network Rail are noted, however would not be sufficient to justify forming a reason for refusal on the scheme.

SUMMARY AND RECOMMENDATION

The redevelopment of the site is welcomed and the residential element is acceptable in principle. The commercial element has not been adequately justified by the agent and for these reasons it must be concluded that the scheme could have a detrimental impact on the District Shopping Centre and be contrary to the aims of PPS6.

The overall design approach although contemporary is broadly acceptable, however the layout and design of the site, particularly the parking area result in unacceptable compromises in terms of personal safety and security, to the detriment of the living conditions of the occupants of this site This element of the scheme fails to comply with Policies H5 and BE5 of the Unitary Development Plan.

In terms of amenity was concluded that significant overshadowing / overbearing issues would not arise as a result of the scheme, however the balconies are not shown to provide sufficient screening to prevent overlooking to the garden of No 47 and between properties. The scheme is considered to be contrary to Policies H14 and H5 of the Unitary Development Plan.

The scheme offers insufficient parking accommodation, and information about its management and the servicing arrangement for the site, resulting on an increase in on street parking to the detriment of highway safety. The scheme is contrary to Policies H5 and H14 of the UDP.

The applicants have not produced a Section 106 for the contribution towards open space, without this the scheme would not allow for the provision of open space to meet the needs of the future occupants of these properties. The lack of the 106 results in the scheme failing to meet Policy H16 and SPG on Open Space Provision in New Housing Development.

The sustainable measures that the applicant has included are welcomed, however the scheme does not demonstrate that 10% of the energy for the site will be derived from decentralised and renewable / low carbon sources, which is a requirement of Policy EN5 of the Regional Spatial Strategy.

47 For the above reason the scheme fails to comply with the relevant policy detailed, Refusal is recommended.

Case Number 07/04577/FUL

Application Type A Full Planning Application

Proposal Erection of 1 x 3 storey building with ground floor restaurant/cafe (Class A3 use) and 4 flats over and provision of associated car parking accommodation (as amended 18.12.07, 19.02.08 and 14.05.08)

Location 377 - 381 South Road Sheffield S6 3TD

Date Received 26/11/2007

Team NORTH & WEST

Applicant/Agent Mr Peter A Rudd

Recommendation Grant Conditionally

Subject to:

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

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

2 Notwithstanding the indication given on the submitted drawings the building shall be faced in artificial or natural stone.

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

49 5 Before development commences details of the appearance of the bin storage enclosure shall be submitted to and approved in writing by the Local Planning Authority. The bin enclosure shall be provided before the use commences in accordance with the approved details and shall thereafter be retained.

In the interests of the amenities of the locality.

6 The land drainage improvements shown on the approved plans including culverting works shall be completed before the building is brought into use.

In the interests of the amenities of the locality.

7 Before work on site is commenced, full details of suitable inclusive access and facilities for disabled people, both to and into the building(s) and within the curtilage of the site, shall have been submitted to and approved in writing by the Local Planning Authority and the restaurant/cafe and flats shall not be used unless such inclusive access and facilities have been provided in accordance with the approved plans. Thereafter such inclusive access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

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

8 The restaurant/cafe shall not be used for the purpose hereby permitted unless suitable apparatus for the arrestment and discharge of fumes or gases has been installed. Before such equipment is installed details thereof shall have been submitted to and approved by the Local Planning Authority. After installation such equipment shall be retained and operated for the purpose for which it was installed.

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

9 The ground floor restaurant/café use shall be used for the above-mentioned purpose only between 0900 hours and 2330 hours Mondays to Saturdays and 0900 hours and 2300 hours on Sundays and Public Holidays.

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

10 No movement, sorting, or removal of waste bottles, materials or other articles nor movement of skips, shall be carried on outside the building within the site of the development between 2200 hours and 0730 hours.

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

11 The residential accommodation hereby permitted shall not be occupied unless a scheme of sound attenuation works to protect residential users

50 from noise arising from commercial activities has been installed and thereafter retained. Before the scheme of sound attenuation works is installed full details thereof shall first have been submitted to and approved in writing by the Local Planning Authority.

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

12 Before the development is used, the car parking accommodation, turning space and drive shall have been provided as indicated on the approved plans, surfaced sealed, drained and formally marked out to the satisfaction of the Local Planning Authority, and thereafter be retained/maintained for the sole purpose intended.

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

13 Before the development is used, the existing vehicular crossing giving access to the proposed car parking accommodation shall have been remodelled to the satisfaction of the Local Planning Authority (reprofiled to remove the trip hazard for pedestrians).

In the interests of pedestrian safety.

14 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 order to mitigate against the risk of flooding.

15 Prior to the development commencing, details shall have been submitted to and approved in writing by the Local Planning Authority to ensure no surface water from the site discharges onto the adjacent highway. The measures shall have been implemented in accordance with the approved details prior to the accommodation becoming occupied, and thereafter shall be maintained and retained.

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

16 The development shall not be used unless the bicycle and motorcycle parking accommodation has been provided in accordance with details that shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter such bicycle and motorcycle parking accommodation shall be retained for the sole purpose intended.

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

17 Before any work on site is commenced, a comprehensive and detailed hard and soft landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The landscape works shall be implemented prior to the development being brought into use or within an alternative timescale to be first agreed in writing with the Local Planning Authority. Thereafter the landscaped areas shall be retained and 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.

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

Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas BE5 - Building Design and Siting

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

Attention is drawn to the following directives:

1. The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services. The agreed address must be clearly displayed at each individual property before occupation in order to ensure that the postal service can correctly locate each property of delivery purposes.

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

You should apply for a consent to: -

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

52 Sheffield S1 2SH

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

3. The applicant is advised that;

Detail of the extraction system should be based on the required information to support a planning application for a commercial kitchen as detailed in annex B and a risk assessment as detailed in annex C of the Defra document 'Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems'.

When proposing sound insulation works, the applicant is advised to be considerate of both noise breakthrough at floor/ceiling between the ground and first floor, noise transmitted via the internally ducted kitchen exhaust fume extraction system. When considering sound insulation between floors, reference should be made to BS 8233:1999 'Sound insulation and noise reduction for buildings - code of practice. When considering factors to be taken into account in respect of noise from the fume extraction system, specific reference should be made to annex D of 'Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems'.

53 Site Location

LOCATION AND PROPOSAL

The site comprises a two-storey building of 3 units with a rear yard and is located on the southwest side of South Road within the local shopping centre.

The application has been amended since its submission to clarify that the proposed ground floor use is for restaurant/café and not a shop use, and subsequently to include a fume extraction detail, and revised site layout details.

The proposal involves demolition of the existing building and seeks full planning permission for the erection of a three-storey building with the upper floor within the roof space. The proposal would provide a ground floor restaurant and 4 two- bedroomed flats on the upper floors (two flats on each floor). Off-street parking for 5 cars and a bin storage area is proposed in the rear yard accessed off South Road via a drive alongside the southeast boundary of the site.

The ground levels to the rear of the site are at a higher level than the existing rear yard. The proposal seeks to replace a low retaining wall, reduce the angle of slope of the bank, remove the self set trees and replace them with low planting, and erect a 1.8 metre high hit and miss fence on the top of the bank along the rear boundary of the site. The proposals include providing a new land drain to collect run-off from the rear of the site.

RELEVANT PLANNING HISTORY

In 2004 outline planning permission was granted for the erection of a three-storey building providing ground floor shops with 4 one-bedroomed apartments and 4 studio apartments on the upper floors (application no. 04/03743/OUT refers).

SUMMARY OF REPRESENTATIONS

Prior to the clarification of the ground floor use the following representations were received.

A letter of support from Councillor J.Harston;

- any development here should be retail at ground floor to integrate with the existing retail setting; - the face of the building should be stone or stone effect; the stream running through the site should be culverted.

- 2 letters of objection relating to the following matters;

- what are retail units to be used for; - traffic on South Road is bad now, it is a bus route, has double sided parking, will be bad for pedestrians if pavement narrower and if there is going to be loading and unloading, will be worse for pedestrians crossing the entrance with vehicles coming and going; - if building is higher than others it would be too high, unclear how high flats will be; - noise from loading and unloading if cannot be done from front; - water runs down pathway and in cold weather ices over; - will a supporting wall be built opposite Orchard Road flats.

Following clarification of the ground floor use and amended drawings 3 letters of objection have been received relating to;

- disproportionate number of cafes, restaurants and fast food outlets for the area; - traffic on South Road is very busy now, it is a bus route with double sided parking, if the proposed building is brought in line with others it will be bad for pedestrians if there is loading and unloading, it will be too close to the road to see when cars are coming down the drive, will cause more congestion and make it worse for pedestrians;

55 - if the building was higher than others it would look out of place and block light out of the flats; - noise at weekends in particular; - long standing rat and pigeon problem in the area; - water runs through the drive into South Road and when cold it freezes over.

PLANNING ASSESSMENT

Policy Issues

The Sheffield Unitary Development Plan identifies the site as being within the northern part of the South Road Local Shopping Centre where shops are a preferred use, and food and drink outlets and housing which includes residential flats are acceptable uses in principle (Policy S7 refers).

Policy S10 of the UDP relates to conditions on development in shopping areas including matters of dominance, amenity, design and highway safety. Policy BE5 seeks good design and use of good quality materials in new development.

As regards matters of dominance, criteria (a) of Policy S10 seeks to ensure that new development and changes of use do not lead to a concentration of uses which would prejudice the dominance of preferred uses in the area or its principle role as a shopping centre.

Ground floor uses within the South Road Local Shopping Area are generally split between shopping, residential and other uses. Excluding the residential uses, shops currently take up approximately 55% of the commercial units in the local shopping centre.

In this instance the proposal would result in the proportion of shops in the local shopping area being reduced to 53% excluding residential uses. Therefore whilst the proposal would result in the loss of 2 shop units, shops would still maintain a dominance within the local shopping centre.

It is considered that the proposal complies with Policies S7 and S10(a) of the UDP.

Highway and Transportation Issues

Policy S10(f) of the UDP seeks to ensure that new development is adequately served by transport facilities, provides safe access, appropriate off-street parking does not endanger pedestrians.

Customer car parking within the local shopping centre currently occurs on street or in lay-bys along South Road and on the adjacent residential streets.

South Road is on a bus route with a bus stop opposite the site.

The existing building is set back 1.6 metres from the back edge of the footpath along South Road. The proposed building would be set back 1 metre from the back edge of footpath. The proposal seeks to provide 5 off-street car parking

56 spaces within the rear yard, 4 for use by the future occupants of the proposed flats and 1 visitor parking space.

The proposed restaurant use will generate customer movements variously by car, bus and on foot. Compared to the use of the premises as shops and a take-away, the proposal is likely to generate more customer movements later into the evening.

It is considered that there is sufficient on-street parking within the local shopping centre to accommodate the traffic generated by the proposed development without causing harm to pedestrian and road safety.

It is considered that the proposal complies with Policy S10(f) of the UDP.

Effect on the Amenities of Residents and the Locality

There are residential within and adjacent to the local shopping centre. To the rear of the site beyond the southwest boundary and on land at a higher level are three- storey residential flats at nos.18 to 70 Orchard Road. This proposal includes provision of 4 residential flats on the upper floors of the building.

The flats to the rear of the site are on higher ground levels than the application site and have a ‘T-shaped’ footprint with a blank gable wall nearest to the boundary with the application site. The main windows to these flats are on the recessed part of their northeast facing elevation and on the southeast and northwest side elevations of the rear wings. The proposal would provide a separation of approximately 28 metres between the opposing elevations of the existing and proposed flats. It is considered that the proposal would provide sufficient separation between the proposed building and existing residential flats off Orchard Road to ensure that there would be no significant overlooking, overbearing or overshadowing that would cause harm to the living conditions of existing and future residents.

South Road is a fairly busy street during the day with vehicular and pedestrian activity. The building on the application site would in itself generate customer movements to and from the premises during their hours of opening.

The proposed location and design of the external flue on the rear roof slope of the building will reduce its impact on the streetscene. The specification details of the flue system can be appropriately conditioned.

The proposal would result in movements of customers to and from the premises by bus, car and on foot during its opening hours and particularly during the proposed evening hours of opening.

It is considered that subject to the provision of sound attenuation measures and a satisfactory fume extraction system within the proposed building the proposed restaurant use would not significantly harm the living conditions of the future occupants of the proposed upper floor flats within the building. It is considered that the relationship between the proposed building and existing residential properties is sufficient to safeguard the amenities of nearby residents.

The existing buildings to the north of the site are two-storey terraced properties some with additional accommodation in the roof space with both rooflight windows and dormer windows. To the south side of the site is the Freedom Public House which is also a two-storey building with accommodation in the roofspace and which has a single-storey extension on the side nearest the application site.

The existing two-storey building on the application site has a flat roof with a short mono-slope at the rear. Its current height and massing is significantly less than the adjacent properties.

The proposed building would have three floors of accommodation with the upper floor within the roof space. Four dormer windows are proposed on both the front and rear elevations. Its eaves and ridge heights would be similar to the adjacent buildings on South Road either side of the site. The proposed external materials are indicated as red brick and slate.

It is considered that subject to the use of a satisfactory artificial stone instead of brickwork, the massing and appearance of the proposed building would be in keeping with the streetscene and an improvement on the existing building on the site. A condition requiring the use of artificial or natural stone is recommended.

A condition is recommended to secure the culverting of the land drainage within the site.

It is considered that the proposal would comply with Policies S10 and BE5 of the UDP.

SUMMARY AND RECOMMENDATION

In this instance whilst the proposal would result in the loss of 2 shop units, shops would still maintain a dominance within the local shopping centre.

The proposal seeks to provide 5 off-street car parking spaces within the rear yard. It is considered that there is sufficient on-street parking within the local shopping centre to accommodate the traffic generated by the proposed development without causing harm to pedestrian and road safety.

58 It is considered that subject to the use of a satisfactory artificial stone instead of brickwork, the massing and appearance of the proposed building would be in keeping with the streetscene and an improvement on the existing building on the site.

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

Case Number 07/03941/FUL

Application Type A Full Planning Application

Proposal Demolition of existing buildings and formation of car parking accommodation (13 spaces) for PET/CT Scanner Suite, construction of pedestrian footpath, formation of access steps to Vickers Corridor and re- cladding of sections of Vickers Corridor

Location Vickers Ward Northern General Hospital Herries Road Sheffield S5 7AT

Date Received 03/10/2007

Team NORTH & WEST

Applicant/Agent Hall Needham Associates

Recommendation Grant Conditionally

Subject to:

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

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

2 The materials to be used externally shall match those of the existing building in colour, shape, size and texture.

In order to ensure an appropriate quality of development.

3 The approved landscape works shall be implemented prior to the use of the development commencing or within an alternative timescale to be first agreed with the local planning authority. Thereafter the landscaped areas shall be retained and they shall be cultivated and maintained for a period of 5 years from the date of implementation and any plant failures within that five year period shall be replaced unless otherwise agreed by the local planning authority

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

CF6 - Development in Institution: Health Areas CF8 - Conditions on Development in Institution Areas

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

Site Location

LOCATION AND PROPOSAL

The application relates to a site within the Northern General Hospital (NGH) campus. The site is in a central location within the hospital. Roads, forming part of the internal hospital road network, adjoin the north and west boundary of the site. The eastern boundary is the existing Vickers Corridor, a main pedestrian access route through the Northern General Hospital and the southern boundary faces onto a service area.

The site is occupied by a number of redundant wings of the former Vickers Ward buildings whose activities have been replaced by improved facilities elsewhere on the campus. Northern General Hospital Some wings have already been demolished; two further wings are proposed for demolition, whilst one wing is proposed to be retained. An existing car park is shown as being retained.

This application proposes a number of minor developments on the cleared areas of the site. It is proposed to construct a footway around the perimeter of the site, linking in with an existing. A series of ramps and steps are also proposed from various points within the site into the Vickers corridor and the retained buildings on site. A number of retaining walls and safety barriers would also be constructed.

It is also proposed to reclad the Vickers corridor where this is exposed by demolition. The cladding system would be constructed on a lightweight framing system.

The application also proposes the laying out of 8 parking bays and 5 disabled parking bays to be used in connection with a new scanner suite, currently under construction adjoining the application site.

RELEVANT PLANNING HISTORY

There have been a large number of applications within the Northern General Hospital campus over the recent years related to the modernisation and improvement of buildings and facilities. An application (Ref: 07/01330/FUL) for the demolition of existing wards and erection of a single-storey scanner suite with associated car parking was granted in July 2007. This is now under construction and adjoins the current application site.

No applications have been received directly relating to the current application site.

SUMMARY OF REPRESENTATIONS

No objections have been received relating to this application.

PLANNING ASSESSMENT

Policy Issues

The application site is within an Institution: Health Area as identified in Unitary Development Plan. Policy CF6 states that hospitals are the preferred use within theses areas. The proposal should also comply with Policy CF8 which states,

62 amongst other things, that new development should be well designed, of a scale and nature appropriate to the site, be served adequately by transport facilities and appropriate off-street parking.

Design and Appearance

The proposed alterations are considered to be sympathetic in relation to the retained elements of the site. The proposals will not have an adverse impact on the appearance of this part of the hospital.

Highway Issues

Part of the site has been used for parking in the past. The site is on the route of a bus route that serves the internal Northern General Hospital highway network.

A Travel Plan has been submitted by the hospital authorities in relation to a proposed multi-storey car park for nearly 900 cars on the Herries Road boundary of the Northern General Hospital.

The provision of a modest amount of car parking associated with the new scanner suite is considered acceptable and will not prejudice the overall aims of the Northern General Hospital Travel Plan.

To accommodate the footpath provision, the internal access road will be realigned towards the west, which will require alterations to retaining structures. None of the works are within adopted public highway.

There are no objections to the proposal from a highway point of view.

Landscaping

The application proposes a landscaped area along the northern boundary of the site, linking in to an existing landscaped area.

SUMMARY AND RECOMMENDATION

This is a minor development proposal utilising soon to be cleared land within the, awaiting Northern General Hospital future development.

It is therefore recommended that planning permission be granted.

Case Number 07/01914/FUL

Application Type A Full Planning Application

Proposal Erection of 3 apartments in 1 x 3 storey block and associated car parking accommodation, amenity space and bin storage (Re-submission of 07/00202/FUL) (As amended 01/11/2007 and 25/04/2008)

Location Site Of 408-410 Heavygate Road Sheffield S10 1QE

Date Received 10/05/2007

Team NORTH & WEST

Applicant/Agent Andromeda Architecture Ltd

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority considers that the proposed development will create unsatisfactory living conditions for the adjoining neighbouring property at No 412 Heavygate Road in terms of overshadowing and overbearing and out of character with the streetscene and as such the proposal is contrary to Policy H14 of the Sheffield Unitary Development Plan.

Site Location

LOCATION AND PROPOSAL

The site is located in a predominantly residential area on the northeast side of Heavygate Road at its junction with Camm Street at Walkley.

The buildings on the site comprise a former pair of semi-detached dwellings more recently used as residential flats on the front part of the site, and a vacant builder’s yard and outbuildings to the rear. A vehicular access on the northwest side of the site off Heavygate Road provides access to builder’s yard at the rear of the site.

The proposal seeks full planning permission to demolish the existing buildings on the site, remove the builder's yard and erect an apartment building on the site with car parking to the rear.

65 The proposal has been amended since its original submission.

As originally submitted this proposal sought to erect a building providing three floors of living accommodation with the upper floor being within the ridged roofspace. 4 apartments were proposed comprising 2 one-bedroomed apartments on the ground floor and 2 two-bedroomed duplex apartments in the upper two floors. Windows were proposed on the front, rear and on the side elevation facing northwest. 4 car parking spaces were proposed at the rear of the building accessed off a drive alongside the northern boundary of the site.

The amendments have sought to provide an outdoor amenity space to the rear of the building thereby reducing the parking spaces available to 3 spaces, and provide bin storage facilities. The apartment provision has changed to 3 two- bedroomed apartments (one on each floor). To accommodate the two-bedroomed apartment on the upper floor the eaves and roof heights have been raised such that the upper floor is no longer in the roofspace. The proposed gable windows on the side elevation have been omitted. A rooflight is now proposed on this side elevation. The rear northern corner of the proposed building has been recessed on the upper floors with a consequential change in the roof shape to incorporate a rear gable.

As amended, the proposal seeks to erect a three-storey building with no living accommodation in the roofspace. A 1.8 metre high wall is proposed on the rear and southern boundaries of the site.

RELEVANT PLANNING HISTORY

In 1999 planning permission was granted for alterations to the ground floor of the building for use as a flat and for the use of garages for the storage of building materials (application no. 99/0692P refers).

In 2007 full planning permission was refused for the erection of 4 apartments in a three-storey block and provision of car parking for reasons of creating unsatisfactory living conditions for adjoining residents in terms of overlooking, overshadowing and overbearing, and being out of character in the streetscene, contrary to Policy H14 of the UDP and insufficient amenity space and waste storage facilities (application no. 07/00202/FUL refers).

SUMMARY OF REPRESENTATIONS

11 letters of objection have been received in respect of this application as originally submitted relating to the following matters;

- overdevelopment; - Camm Street and Heavygate Road congested, road is busy, parking on Camm Street is already restricted, road used for parking by residents, exacerbate congestion, risk of accidents, parking inadequate, lack of means of turning in car park, attempts to reverse out is hazardous and dangerous; - disruption from engines revving, headlights and security lights, cause noise at night;

66 - overbearing, overshadowing, block out light to houses and gardens; - overlooking; - bin storage needs clarifying; - removing wall and garages will compromise security; - design of balconies not in keeping with other buildings on the road.

10 letters of objection have been received following the submission of amendments to this application relating to the following matters;

- inappropriate due to density of local population; - parking congestion on Camm Street/Heavygate Road, parking in area is limited, three parking spaces inadequate, pressure on parking, vehicles will have to reverse onto blind bend to exit property, hazard for community and children; - higher than existing building, twice the size in length, affect living conditions, overshadowing, height and size will block out light, side elevation will affect light to adjacent property; - overlooking; - inconvenience from dirt and noise, noise from traffic coming and going, security lights, pressure on quiet enjoyment of property; - area for bins too small; - a three-storey elevation was rejected, three-storey would be out of context, too tall, would overpower surrounding houses.

PLANNING ASSESSMENT

Policy Issues

The Sheffield Unitary Development Plan identifies the site as being within a Housing Area where housing is a preferred use (Policy H10 refers).

Policy H14 of the UDP relates to conditions on development including matters of design, amenity and highway safety. Policy H5 of the UDP seeks to ensure that flats, bed-sitters and shared housing would not cause serious nuisance to existing residents by the concentration of such uses, that living conditions would be satisfactory and that their would be appropriate off-street car parking for the people living there.

The Government’s planning policy guidance on housing is contained in its Planning Policy Statement, PPS3. The site is a previously developed site for the purposes of PPS3.

Highway and Transportation Issues

The site is located close to bends in Heavygate Road where it has junctions with Bole Hill Road, Heavygate Avenue and Compton Street. It also lies on a section of the road where it begins to form the junction with Camm Street which runs immediately to the south of the site.

67 The proposal seeks to retain the existing access of Heavygate Road to give access to a rear parking area for 3 cars. On-site turning is proposed within the rear parking area to enable cars to enter and leave the site in a forward gear.

The site is located close to bus routes with routes to Hillsborough centre and the city centre, and is close to the local shopping centre on South Road.

It is considered that the site is well served by public transport and within easy walking distance of the local shopping centre. The Council’s parking guidance for residential flats allows for a maximum of one parking space per flat and one space for visitors. It is considered that the provision of 3 parking spaces for the 3 apartments in this accessible location is acceptable.

There are no highway objections subject to conditions securing the vehicle parking and manoeuvring areas.

Effect on the Amenities of Residents

There are residential properties to the side, rear and on the opposite side of Heavygate Road to the site.

To the northwest the site adjoins the side and rear garden of no.412 Heavygate Road a two-storey building with a single-storey range at the rear. There are windows on the rear elevation of the two-storey part of no.412 facing down its garden and windows in the southeast elevation of its single-storey range facing towards the application site. There are no windows in the two-storey side gable of no.412 adjoining the site.

The side of the proposed building facing towards no.412 would be sited 2.9 metres from the side boundary with no.412 and would project 6.2 metres beyond the two- storey range of no.412 and part way across the single-storey range. A part of this side elevation of the proposed building would be set further back from the side boundary such that the two upper floors of the last 4 metres of this projection of the proposed building would be recessed by 2.5 metres. A rooflight window is proposed in the mono-pitched roof of the recessed element on this elevation. No windows are proposed in this northwest facing elevation of the proposed building.

It is considered that the proposed rooflight would not cause significant overlooking of the property at no.412.

It is considered that the staggered alignment of the three-storey element of the proposed building would ensure that the upper floors of the proposed building achieve sufficient separation from the windows on the rear facing elevation of no.412.

A separation of approximately 11.2 metres is achieved between the recessed three-storey element of proposed building and the windows on the single-storey range of no.412. Although the proposed building projects only part way across the rear range of no.412, the proposed building will be three-storeys high and on a slightly higher ground level than no.412 and on the southeastern side of no.412.

In such circumstances it is considered that the proposed building provides insufficient separation from the windows on the single-storey range of no.412 and would overbear and overshadow the adjacent property causing harm to the amenities of the occupants of no.412.

To the rear of the site nos.39 to 55 Orchard Road is a three-storey building of residential flats. Whilst the proposed building is on slightly higher ground level than nos.39 to 55 it is considered that the proposed separation of approximately 26.5 metres between their facing elevations is sufficient to ensure that there would be no significant overlooking, overbearing or overshadowing of those properties.

To the southeast the site is no.86 Camm Street a two-storey dwelling on slightly higher ground. The proposed building would project approximately 1 metre beyond the rear elevation of no.86 with a separation between the buildings of 1.5 metres. It is considered that the proposed building would not significantly overbear, overshadow or overlook the property at no.86.

A 1.8 metre high screen wall is proposed on the rear boundary alongside no. 86 and nos.39 to 55. No alteration is proposed to the existing fence/wall alongside no.412. No.412 has a pedestrian access to its rear garden over the drive on the application site. It is considered that subject to the provision of a 1.8 metre high screen fence/gate alongside the boundary with no.412 the movement of vehicles to and from the proposed parking area would not cause significant disturbance to the residents of adjacent properties.

It is considered that the separation distance to properties on the opposite side of Heavygate Road of approximately 25 metres is sufficient to ensure there would be no significant overlooking of those properties.

Within the site provision is made for the storage of 3 refuse bins in the covered recess at the side of the building with space at the rear of the site for additional bins if required. A small amenity area of approximately 24 sq metres is proposed alongside the rear car parking area. It is considered that sufficient allowance has been made within the site for the provision of bin storage and amenity space.

Effect on the Appearance of the Streetscene

The massing and scale of buildings to either side of the site on Heavygate Road and Camm Sreet are generally two-storey with ridged roofs. The site is on slightly rising ground such that the rooflines of existing buildings on this side of Heavygate Road/Camm Street gradually step up the street. Whilst there is a mix of facing materials in the locality, the properties opposite are generally rendered, buildings to the southeast side are faced in stone, the building no.412 is part stone part red brick, with the next adjoining buildings to the north being faced in red brick.

The proposed building would be three-storey in appearance with ridged roofs. It would be faced in stone with artificial or natural slate roof. The proposed eaves and ridge heights are higher than those of both adjacent properties at nos.412 and 86.

Comparison with Previous Planning Application

Compared to the previous application which was refused planning permission; the appearance of the front elevation on this amended proposal is the same, the roof slopes are of a steeper traditional pitch, the gable windows to the side elevation have been omitted, part of the north corner of the building has been set further back from the side boundary, outdoor amenity and bin storage space have been provided, and 1 less apartment and car parking spaces are proposed.

It is considered that the previous reasons for refusal relating to insufficient private amenity space and waste storage facilities and overlooking of no.412 have been addressed in the amended submissions.

However, whilst part of the building has been recessed and the massing of the roof reduced, it is considered that the proposal remains overbearing to and would cause overshadowing of no.412, and the appearance of the building in the streetscene would be the same as previously refused.

SUMMARY AND RECOMMENDATION

This is a re-submission application following refusal of planning permission.

The application has been amended since its submission.

It is considered that the amended proposals have addressed some but not all of the previous reasons for refusal.

However, whilst part of the building has been recessed and the massing of the roof reduced, the proposal remains overbearing to and would cause overshadowing of no.412, and the appearance of the building in the streetscene would be the same as previously refused.

It is recommended that the application be refused for the reasons given.