Report to City Centre South and East Planning and Highways Area Board

SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate

REPORT TO CITY CENTRE SOUTH DATE 14/07/2008 AND EAST PLANNING AND HIGHWAYS AREA BOARD

REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

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

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

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

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

08/00399/FUL 2 Haymarket And 5 - 7 Commercial Street Sheffield 4 S1 2AT

08/00402/LBC 2 Haymarket And 5 To 7 Commercial Street Sheffield 11 S1 1PF

08/00476/FUL Land At Spring Close Mount Sheffield 13 S14 1RB

08/01126/FUL Car Sales Site East Bank Road 32 Sheffield S2 3PX

08/01225/OUT Former Blackburn Meadows Power Station Site Alsing Road 37 Sheffield

08/01571/FUL Manor Oaks Manor Lane 73 Sheffield S2 1UN

08/02217/FUL Charter Row And 18 - 24 Fitzwilliam Gate Sheffield 83 S1 4JH

08/02260/OUT Land Adjacent 14 And 16 Cavendish Road 88 Sheffield

08/02362/HOARD High Street Service Station High Street 95 Beighton Sheffield S20 1EE

08/02716/FUL Site Of Former 141 Denmark Road Sheffield 99 S2 3NH

3 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The CITY CENTRE, SOUTH & EAST Planning And Highways Area Board Date Of Meeting: 14/07/2008

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 08/00399/FUL

Application Type A Full Planning Application

Proposal Alterations to mezzanine, first and second floor offices to form 8 flats

Location 2 Haymarket And 5 - 7 Commercial Street Sheffield S1 2AT

Date Received 31/01/2008

Team CITY CENTRE AND EAST

Applicant/Agent Whymark And Moulton

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the proposal will create unsatisfactory living conditions for residents of the proposed flats because of inadequate daylight, poor outlook, poor layout and inadequate sound attenuation and is therefore contrary to Policies S10 and H5 of the Unitary Development Plan.

2 The Local Planning Authority considers that the proposal will detract from the special architectural and historic interest of 2 Haymarket/5-7 Commercial Street which is a Grade 2 listed building because of uncharacteristic internal subdivision, poor external and internal design and inadequate detailing of service runs and refurbishment generally, and is therefore contrary to Policies BE5 and BE19 of the Unitary Development Plan. 3 The proposed development makes no provision for cycle parking within the site, and in the absence of such provision the Local Planning Authority consider that the development would make insufficient contribution to sustainable travel within the city, and be contrary to Policy T7 and the Cycle Parking Guidelines in the Unitary Development Plan.

4 The proposed development makes no provision for the disposal or recycling of refuse within or near the site and in the absence of such provision the Local Planning Authority considers that the development would be likely to (a) detract from highway safety in the vicinity of the site, and (b) make insufficient contribution to the sustainable disposal of waste in the city.

5 In the absence of a legal agreement to secure a financial contribution of £7992.80 towards the enhancement of open space within the catchment area of the site, the proposal is deemed to be contrary to Policy H16 of the Unitary Development Plan and Supplementary Planning Guidance.

5 Site Location

LOCATION AND PROPOSAL

These imposing Grade 2 listed buildings are prominently located at the corner of Haymarket and Commercial Street. No. 2 Haymarket has 3 storeys, the ground floor being used as a bank with the upper floors vacant, having been last used as offices many years ago.

No’s 5-7 Commercial Street were until 1967 a stock exchange. It is set down by half a storey, and was probably connected with the bank in the 1970’s when the trading floor was taken out and new office floors made. Its ground floor is vacant and belongs to the bank.

Beneath both buildings is a basement occupied by the bank.

6 The application is to convert the first floor of 5-7 Commercial Street and the upper 2 floors of 2 Haymarket into flats, all accessed through the double doors to Commercial Street. The initial proposal included the erection of a second floor to 5-7 Commercial Street with a mansard roof. After discussion, the agent deleted this element to make a revised proposal for 8 flats (5 x 1 bed and 3 x 2 bed).

HISTORY

There have been no applications affecting the site in recent years, other than an outline application (App No 97/00667/OUT) to redevelop the markets area from Commercial Street to Broad Street and Waingate, which was withdrawn on 24 August 1998.

REPRESENTATIONS

None.

ASSESSMENT

Policy

The site lies within the Central Shopping Area in the Unitary Development Plan. The ground floor to Haymarket lies within the Retail Core.

Policy S3 lists Housing as a preferred use except on ground floor frontages within the Retail Core. Policy S10(b) requires that development should not cause residents to suffer from unacceptable living conditions, including air pollution, noise, other nuisance or risk to health and safety; S10(d) requires development to be well designed and of a scale and nature appropriate to the site.

Policy H5 requires flat conversions to provide satisfactory living conditions for the occupants of the accommodation and for their immediate neighbours.

Policy H15 expects new housing developments to provide adequate private gardens or communal open space.

Policy H16 requires developers to ensure that there would be sufficient open space to meet the local needs of people living there.

Policy BE5 requires good design and the use of good quality materials in all refurbished buildings and extensions. All extensions should respect the scale, form, details and materials of the original building. Designs should meet the needs of users, particularly people with disabilities, elderly people, people with children, and women.

Policy BE19 requires internal and external alterations affecting the special interest of a listed building to preserve its character or appearance and where appropriate to preserve or repair original details or features of interest.

7 Land Use

The proposed use as flats complies with planning policy.

Living Accommodation

Both the initial and revised proposals fail to provide satisfactory living conditions for the occupants. A loft style flat at the rear of No. 2 Haymarket has almost no daylight. Another has a cramped bedroom and entrance area. The common entrance retains an existing glazed screen and doors but the corridor is cramped and badly arranged.

Of those at No. 5-7 Commercial Street, a flat at the rear has a poor outlook over the backs of other properties, fire escapes etc. Another at the front is unduly cramped.

Too many kitchens and bathrooms lack natural daylight.

An opportunity to improve living conditions at the rear by the provision of a small outdoor terrace or balcony has not been taken. The flat roof would lend itself to the provision of a roof garden, suitably designed and screened, for the benefit of residents on this heavily built up site, but this option has not been pursued.

Generally, more needs to be done for the benefit of the residents in this flat conversion in order to make future living conditions satisfactory.

Noise

The main noise sources are road traffic and trams. The submitted noise report puts the site in Noise Exposure Category C of Planning Policy Guidance 24. This is a noisy site where permission should only be granted with substantial sound attenuation measures.

The proposed sound attenuation measures are still being assessed. Whilst it may be possible for the appropriate secondary glazing to be fitted (subject to listed building considerations), there is no confirmation at this point that adequate alternative ducted mechanical ventilation is proposed. Without this, residents would be unable to keep their windows closed enough of the time, especially in summer and, as such, would suffer substantial and unacceptable noise disturbance.

For this reason the proposal as it stands does not meet the Council’s sound attenuation requirements for noisy sites.

Listed Building Issues

No. 2 Haymarket has high ceilings and large internal rooms, but their subdivision has been done insensitively and with insufficient regard to the character of the building. The position of the proposed partitions to Flats 2, 3 and 4 in particular are considered to affect adversely the character of the interior.

There is insufficient detail about the location of service runs, and about the standard of making good where existing features (e.g. the rear fire escape) are removed. More information is needed about the design of secondary glazing and location of extract vents to be sure that the character of the listed building will be preserved. The modern windows to the second floor rear elevation are shown retained instead of being replaced with traditional windows for a building of this period.

Refuse and Recycling

There is no outdoor space within the site boundary; the building footprint occupies the whole site. Owing to highway restrictions close to the building, there is little or no facility for a refuse vehicle to approach the site for servicing purposes. The existing bank has to take its refuse daily to a site across Haymarket for storage prior to disposal.

The proposed flats show a bin store located underneath the stairs behind the Commercial Street entrance door. It is not clear that this area is adequate either in floor area, height or manoeuvring space to accommodate the bins required for recycling as well as refuse disposal. Separate storage is required for paper and card, as well as general waste. Neither is it clear that the applicant has arranged for off-site storage prior to collection. In the absence of a clear strategy there is concern that bins would be stored on the public highway and this would be completely unacceptable.

Cycle Storage

The Council’s guidelines require 5 long stay spaces for the development, plus 1 short stay space for visitors. Whilst this level may be negotiable, the applicant has shown no provision on the drawings, despite a possible location being identified in discussion on site.

This is not considered acceptable, particularly as the development will be car free so alternative modes of travel need to be promoted.

Mobility Housing

The steps into the building make provision difficult at present. However, with so much still uncertain about the likely scheme of conversion, it is still too early to rule out the provision of a lift. If feasible, a lift would make Mobility Housing a requirement, and the large internal spaces available would make this possible. This should be investigated further if a revised scheme is considered in the future.

Open Space Contribution

Any approval would require a financial contribution towards off-site local open space. In accordance with Policy H16 of the Unitary Development Plan and the City Centre Living Strategy. The figure in this instance would be £7992.80, to be secured by a Unilateral Obligation.

9 CONCLUSION

As it stands the scheme would not provide satisfactory living conditions, and is likely to damage the character of this Grade 2 listed building. Discussions are still at too early a stage for this application to successfully resolve the many interlinked design issues.

The applicant has been advised to continue discussions with Council officers with a view to submitting a revised application in due course.

RECOMMENDATION

Refuse for the recommended reasons.

Case Number 08/00402/LBC

Application Type Listed Building Consent Application

Proposal Alterations to mezzanine, first and second floor offices to form 8 flats

Location 2 Haymarket And 5 To 7 Commercial Street Sheffield S1 1PF

Date Received 31/01/2008

Team CITY CENTRE AND EAST

Applicant/Agent Whymark And Moulton

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the proposal will detract from the special architectural and historic interest of 2 Haymarket/5-7 Commercial Street which is a Grade 2 listed building because of uncharacteristic internal subdivision, poor external and internal design and inadequate detailing of service runs and refurbishment generally, and is therefore contrary to Policies BE5 and BE19 of the Unitary Development Plan.

11 Site Location

For report see 08/00399/FUL

Case Number 08/00476/FUL

Application Type A Full Planning Application

Proposal Erection of 57 no. one-bedroom apartments in two blocks

Location Land At Spring Close Mount Sheffield S14 1RB

Date Received 15/02/2008

Team SOUTH

Applicant/Agent Mr Martin Bell

Recommendation GRA GC subject to Legal Agreement

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

3 Before the development is commenced, large scale details (at a minimum scale of 1:20) of the items listed below shall have been submitted to and approved in writing by the Local Planning Authority:-

Windows, glazing systems and doors Window reveal depths Hard landscaping and all external works External lighting Bin storage areas Balconies Ventilation grills/features Eaves, verges and soffits, rainwater goods Entrance canopies

13 Thereafter, the works shall be carried out in accordance with the details approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

5 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 apartments 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.

6 A minimum of 14 apartments and their approaches shall be constructed to mobility housing standards as set out in the adopted Supplementary Planning Guidance: Mobility Housing, in accordance with details to have been submitted to and approved in writing by the Local Planning Authority before work on site is commenced. Thereafter, such inclusive access and accommodation 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.

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

In the interests of the amenities of the locality.

14 8 Unless otherwise indicated on the approved plans no tree, shrub or hedge shall be removed or pruned without the prior written approval of the Local Planning Authority.

In the interests of the amenities of the locality.

9 Before any work on site is commenced, measures to protect the existing trees, shrubs and hedges to be retained, in accordance with details which shall be submitted to and approved by the Local Planning Authority. These measures shall include a construction methodology statement and plan showing accurate root protection areas and the location and details of protective fencing and signs. Protection of trees shall be in accordance with BS 5837, 2005 (its replacement) and the protected areas shall not be disturbed, compacted or used for any type of storage or fire, nor shall the retained trees, shrubs or hedge be damaged in any way. The Local Planning Authority shall be notified in writing when the protection measures are in place and the protection shall not be removed until the completion of the development unless otherwise agreed in writing.

In the interests of the amenities of the locality.

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

In the interests of biodiversity.

11 The Local Planning Authority shall be notified upon completion of the green roof.

In the interests of biodiversity.

12 The apartments shall not be used unless the car parking accommodation for 57 cars as shown on the approved plans has been provided in accordance with those plans, and thereafter such car parking accommodation shall be retained for the sole purpose intended i.e. the residents and/or visitors of this development.

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

15 13 Before the development commences details of a management plan for vehicles involved in servicing the development shall be submitted to and approved in writing by the Local Planning Authority.

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

14 Before the development is commenced, details of the means of ingress and egress for vehicles engaged in the construction of the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the arrangements for restricting the vehicles to the approved ingress and egress points. Ingress and egress for such vehicles shall be obtained only at the approved points.

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

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

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

16 Before the development is commenced, full details of suitable and sufficient cycle parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority, and the apartments shall not be used unless such cycle parking has been provided in accordance with the approved plans, and thereafter, such cycle parking accommodation shall be retained.

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

17 Prior to the commencement of the development, a detailed Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include:-

- Clear and unambiguous objectives to influence a lifestyle that will be less dependent upon the private car. - A package of measures to encourage and facilitate less car dependent living. - A time bound programme of implementation and monitoring in accordance with the City Council’s Monitoring Schedule. - The results and findings of the monitoring shall be independently validated to the satisfaction of the Local Planning Authority.

16 - The validated results and findings of the monitoring shall be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

In the interests of delivering sustainable forms of transport, in accordance with the Transport Policies in the adopted Unitary Development Plan for Sheffield and PPG13.

18 Prior to the occupation of any apartment, evidence that all the measures included within the approved Travel Plan have been implemented or are committed, shall have been submitted to and approved in writing by the Local Planning Authority.

In the interests of delivering sustainable forms of transport, in accordance with the Transport Policies in the adopted Unitary Development Plan for Sheffield and PPG13.

19 Prior to the occupation of any apartment, details of the proposed retractable bollards proposed to be erected at the access points of the site/parking areas shall have been submitted to and approved in writing by the Local Planning Authority, and thereafter, the approved retractable bollard system shall be implemented.

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

20 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.

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

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

22 Prior to any works commencing on site, a dilapidation survey of the surrounding highways shall be jointly carried out and agreed with the Local Planning Authority, and, any remedial works required as a result of the development shall be carried out prior to the development being occupied.

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

17 23 The apartments shall not be used unless details have been submitted to and approved in writing by the Local Planning Authority, showing how surface water will be prevented from spilling onto the public highway. Once agreed, the measures shall be put into place prior to the use of the apartments commencing.

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

24 Development shall not commence until actual or potential land contamination and ground gas contamination at the site has been investigated and a Phase I Preliminary Risk Assessment has been submitted to and approved in writing by the Local Planning Authority. Reports shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004). Should further intrusive investigation be recommended in the Phase I Preliminary Risk Assessment Report, development shall not commence until a Phase II Intrusive Site Investigation Report has been submitted to and approved in writing by the Local Planning Authority. The Phase II Intrusive Site Investigation Report shall be prepared in accordance with Contaminated Land Report CLR 11 (Environment Agency 2004), and PPS23.

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

25 Should remediation be recommended in the Phase II Intrusive Site Investigation Report, development shall not commence until a Remediation Strategy Report has been submitted to and approved in writing by the Local Planning Authority. The Remediation Strategy Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and PPS23. The works shall thereafter be carried out in accordance with the approved revised Remediation Strategy. A Validation Report shall then be submitted to the Local Planning Authority following all works identified in the approved Remediation Strategy.

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

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

To ensure satisfactory drainage arrangements.

27 Unless otherwise approved in writing by the Local Planning Authority there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

To ensure satisfactory drainage arrangements.

18 28 No development shall take place until details of the proposed means of disposal of foul and surface and water drainage, including details of any balancing works and off site works, have been submitted to an approved in writing by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

29 The development shall not commence until full drainage details have been submitted to and approved in writing by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

30 Before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the predicted carbon emissions from the development will result in a 10% improvement on the Building Regulations Target Emission Rate. The report shall demonstrate how this will be achieved using any combination of on-site renewable energy equipment, decentralised or low carbon energy sources or energy efficiency measures.

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

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

Attention is drawn to the following justifications:

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

BE5 - Building Design and Siting H3 - Land for Housing H4 - Housing for People on Low Incomes H5 - Flats, Bed-sitters and Shared Housing H7 - Mobility Housing H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas H15 - Design of New Housing Developments H16 - Open Space in New Housing Developments

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

19 Attention is drawn to the following directives:

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

2. The developer should be aware that the size of the development is such that it would be prudent to investigate the ground conditions on the site before proceeding further. Information and advice on ground conditions is available from Building Standards, Barkers Pool House, Burgess Street, Sheffield, S1 2HF. If any coal shaft, adit or other coal working is encountered, no work must be carried out without the authorisation of the Local Planning Authority.

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

4. When preparing detailed proposals for the development of this site, the developer is advised that the Council will encourage the provision of easily accessible housing, capable of adaptation to meet the needs of various people with mobility impairments. Known as "mobility housing", further details are available together with guidance notes from the Access Officer on (0114) 2734197 or from Planning Enquiries on (0114) 2734215.

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

You should apply for a consent to: -

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

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

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

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

8. Before the development is commenced, a dilapidation survey of the highways adjoining the site shall be jointly undertaken with the Council and the results of which agreed in writing with the Local Planning Authority. Any deterioration in the condition of the highway attributable to the construction works shall be rectified in accordance with a scheme of work to be agreed with the Local Planning Authority.

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

10. The applicant is advised that the carrying out of any works to the existing trees, hedges or shrubs within the site, which are works authorised by this permission will constitute the commencement of work on the development. The unauthorised removal of any tree, hedge or shrub or any other works which threaten their future vigour and quality, may result in breach of condition action. It could also mean that the development is materially different from that which has permission and may be liable to enforcement action and the submission of a new planning application may be required.

11. Green / brown roof specifications must include drainage layers, growing medium type and depths (minimum 75mm, but depends on system and type employed) and plant schedules. It should be designed to retain at least 60% of the annual rainfall. A minimum of 2 maintenance visits per year will be required to remove unwanted species (as is the case with normal roofs). Assistance in green roof specification can be gained from the Sheffield Green Roof Forum - contact Officers in Environmental Planning in the first instance: 2734198 / 2734196. Alternatively visit www.livingroofs.org or see the Local Planning Authorities Green Roof Planning Guidance on the Council web site.

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

Site Location

22 LOCATION AND PROPOSAL

This is a full detailed application for residential development to create 57 one bedroom apartments in two residential blocks, ranging in height from four to six storeys (these heights include under croft parking areas). The application site is located in the Gleadless area of Sheffield and, is within in a Housing Policy Area.

The development site previously formed the curtilage of a single dwelling (45 Spring Close Mount) though it is understood that there had previously been substantial outbuildings on the site as well. The house and ancillary structures have now been demolished and the site has fallen into a state of dereliction. In general, the site has become an area of urban scrub, there is also some evidence of fly tipping. The site measures approximately 0.4 hectares and slopes downhill (quite steeply) from north east to south west so that the northern extent of the site is elevated several metres above the southern boundary. The site is bordered on all sides by a mixture of access roads and existing residential properties beyond (the residential properties being in the form of three, four and five-storey maisonette-type flats). The site is irregular in shape and much of the perimeter of the site is bordered by mature trees and shrubs. There is an area Tree Preservation Order on the whole site.

More specifically, the proposal is for a new residential development of 57 one bedroom apartments ranging in size from 335 sq ft to 492 sq ft. The site will have two new buildings; the larger of the two buildings will be located towards the south western elevation of the site and will contain 42 one bedroom apartments ranging in size from 427 sq ft to 492 sq ft, the second block will be located towards the north eastern elevation of the site and will contain 15 one bedroom apartments (all of which will be 335 sq ft). There will also be 57 communal car parking spaces split by two access routes into the site; 42 communal car parking spaces serving the larger apartment block and 15 spaces serving the smaller block. In addition to the two residential blocks and parking areas, the proposal also incorporates new hard and soft landscaped areas.

RELEVANT PLANNING HISTORY

Previous planning applications relevant to the site include:-

95/00345/OUT – This was an outline application for a 60-bed residential nursing home. This application was refused on the 15th February 1996.

96/01195/OUT – This was a further outline application for the erection of a 60-bed residential nursing home. This application was refused on the 17th July 1997.

02/03090/OUT – This was an outline planning application for the erection of 16 dwellings. This application was withdrawn on the 11th March 2003.

03/01013/OUT – This was an outline application for the erection of 16 dwellings (it was a resubmission of the previously withdrawn application). This application was conditionally approved on the 24th June 2003.

23 05/04385/OUT – This was an outline application for the erection of 40 (1 and 2 bedroom) apartments/flats in two blocks (one block being 3-storey and the other block being 4-storey). This application was conditionally approved on the 17th October 2006.

SUMMARY OF REPRESENTATIONS

Several letters of representation have been received from 2 separate sources (from the Gleadless Valley Wildlife Trust and from a local resident). Both the Gleadless Valley Wildlife Trust and the local resident have raised objections to the proposal. The reasons for objection have been summarised and are list below:-

- The site is situated on sloping ground and there is a natural spring in close proximity, as a consequence, the some of the lower sections of the site are prone to being a wetland area and, quite often water floods onto the lower road section causing puddles of standing water. In winter months, these puddles of water have been known to freeze over and cause problems for highway safety. - The proposed new site entrance off Fleury Road will result in the loss of mature oak tree protected by a Tree Preservation Order. The oak tree in question is approximately 150 years old and therefore pre-dates the surrounding housing estate. The loss of the oak tree will further erode a relic of the historical landscape that currently survives within the modern housing estate of the Gleadless Valley. - Trees with dead wood, cracks, holes and or hollows often provide natural habitats for protected species such as bats. The loss of the oak tree will further lead to the loss of a natural habitat for bats. - The proposed car parking area at the northern part of the site (accessed off Spring Close Mount) comes within the root protection areas of protected TPO trees T10 to T14 and as a consequence, there is concern that damage could occur to those trees. - The proposal will result in the demolition and loss of 8 garage spaces located towards the southern section of the site. The loss of these garages will result in the loss of existing off-street parking provision for existing residents. - The roads surrounding the site (Fleury Road and Spring Close Mount) are narrow residential roads with sharp bends and high amounts of on- street parking. Two-way traffic flows are already problematic (due to on- street parking) particularly at the week-ends and in the evenings. There is concern that this proposal will lead to an increase in on-street parking which would be detrimental to highway and pedestrian safety (particularly as young children play on the roads and footpaths. - There is some scope to amend the scheme enabling a vehicular access to be gained without having to lose the old oak tree. Although the oak tree could be saved by amending the scheme, there would be a net loss of approximately 5 parking spaces, the applicant should therefore reduce the scheme by 5 apartments (from 57 flats to 52). - This locality has over the years suffered from crime and anti-social activities, if the site is to be developed, there is an opportunity to secure

24 some improvement for safety purposes by clearing back the overgrown vegetation areas which has encroached the nearby public footpaths. - Any replacement tree planting or other new landscaped areas should incorporate a mixture of native tree species and shrubs.

PLANNING ASSESSMENT

Policy Issues

Unitary Development Plan Policy

The site falls within a Housing Policy Area (Policy H10) in the Unitary Development Plan, which states that Housing (Use Class C3) is the preferred use. The principle of residential development on the site has already been established by the granting of previous outline planning approvals. The following planning policies are considered to be relevant:-

Policy BE5 requires that good design and the use of good quality materials is incorporated into all new developments, with a co-ordinated approach required to the design of schemes with more than one building, the mass of buildings is broken down, the site’s natural features are taken advantage of, and the layout should encourage conservation of energy and natural resources.

Policy H4 promotes affordable housing for people on low incomes, and where a need is identified, this policy encourages the provision of affordable housing as a proportion of large housing schemes. This is supplemented by Interim Planning Guidance (IPG) approved by Cabinet in July 2006.

Policy H14 ‘Conditions on Development in Housing Areas’ lists criteria which should be met for development to be permitted, the policy states amongst other things that; the development should be of an appropriate scale, character and design, not be overdeveloped, or result in detrimental amenity issues for residents and provide appropriate off-street parking and comply with policies for the Built and Green Environment.

Policy H15 ‘Design of New Housing Developments’ states that new developments will be expected to provide easy access and circulation around a site for people with disabilities, provide adequate private or communal amenity space and ensure that basic standards of daylight, privacy, security and outlook are met.

Policy H16 ‘Open Space in New Housing Developments’ requires developers to provide adequate open space within developments to meet the local needs of people living there, and for sites less than a hectare in area the developer is expected to make an appropriate contribution to the provision or enhancement of open space in the catchment area of the site.

Policy H7 ‘Mobility Housing’ seeks to achieve mobility housing to meet local need. The Mobility Housing Supplementary Planning Guidance (SPG) supports Policy H7 and is a material planning consideration in deciding planning applications.

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

Regional Policy Guidance

Policy H4 of the Yorkshire and Humber Plan (May 2008) identifies that the Region needs to increase its provision of affordable housing and sets a provisional target (for Local Development Frameworks) of 30-40% in Sheffield.

National Policy Guidance

Central Government advice in Planning Policy Statement 3 (PPS 3) ‘Housing’ states amongst other things, that the Government is committed to promoting more sustainable patterns of development by concentrating most additional housing development within urban areas and on previously developed land.

The site is previously developed land on the basis that it was previously occupied by a dwelling with substantial outbuildings, therefore, redevelopment of the site for residential use is in accordance with the objectives of PPS3.

PPS3 also states that 30 dwellings per hectare should be employed as a national indicative minimum to guide decision making, in the absence of localised density policies.

Planning Policy Statement 1: Delivering Sustainable Communities (PPS1) is relevant and seeks to ensure a high quality of design in all new developments. For example, paragraph 34 states that “design which is inappropriate in its context, or which fails to take the opportunities available for improving its character and quality of an area and the way it functions should not be accepted.”

In addition, the Supplement to Planning Policy Statement 1 ‘Planning Policy Statement: Planning and Climate Change’ sets out how Planning should contribute to reducing emissions and stabilising climate change. It promotes designing environmental performance into proposed developments and requires consideration of such issues as layout, orientation, massing and landscaping to minimise energy consumption, and carbon dioxide emissions. It promotes sustainable transport, the provision of appropriate private open space, sustainable urban drainage systems, and other elements which would contribute towards a sustainable development.

Sustainability

The site is located in a sustainable location in that it consists of a previously developed site and, there are public transport links nearby.

The design and layout of the development incorporates one bedroom apartments, which assists in providing a housing type for people on low incomes or those wishing to join the housing market. Whilst it is regrettable that the housing mix in

26 this development is not as varied as could have been, the context of one-bedroom units in amongst the tenure mix of the surrounding locality is considered to be acceptable.

The applicant has submitted information with the application that demonstrates a commitment to promoting sustainable forms of development, these measures include:- low energy lighting, motion sensors, a green roof, sustainable drainage systems and sourcing materials locally wherever possible. Discussions with the applicant have also confirmed that Sustainable Urban Drainage Systems will be considered for the hard surfaced areas within the site, which will assist with reducing surface water run off.

This range of measures is considered acceptable and would be secured through an appropriate condition.

Design and Layout

The design of this proposal achieves an appropriate balance between the demands of creating a development that takes into account the varying forms, scale, massing and designs of surrounding properties, whilst also at the same time, trying to achieve a workable scheme on a steeply sloping site surrounded by numerous mature trees protected by preservation orders. The scale and form of the development utilizes the topography of the site to create a stepped terrace of blocks nestled amongst a series of terraced and sloping green spaces and trees. The majority of the car parking is undercroft and this has enabled much more green/amenity space to be formed around the built blocks. It is intended that a range of materials will be used in the palette for this scheme (an appropriate planning condition will be applied to ensure that high quality and sustainable materials are used).

The stepping nature of the blocks and modelling within the elevations helps to create visual interest from a street scene perspective and, some degree of natural surveillance to the amenity and open space areas.

Wherever possible, level and accessible areas have been created to ensure that amenity spaces are accessible for disabled persons (this is a significant achievement given the steeply sloping nature of the site).

The proposal is considered to represent an acceptable form of development, which meets the aims of Policies BE5 and H14 of the UDP.

Impact on Residential Amenity

The nearest residential properties to the development site are the maisonette flats located on Spring Close Mount (numbers 29, 31, 33 and 35), however, these maisonette flats are separated from the main development blocks by a large cluster of trees which helps create a natural privacy screen. Other nearby properties include: another maisonette block containing 1 and 3 Fleury Road, and, 137 and 139 Spring Close Mount. Whilst the main block does have windows in the east elevation facing towards the maisonette block, these windows in question are

27 small secondary windows that could be conditioned to be obscure glazed (the separation distance between the windows being approximately 20 metres)

The scheme contains all parking provision on site and therefore, it is felt that there is unlikely to be any significant and/or detrimental impact placed upon the adjacent highway network.

The existing trees around the site help to soften the impact of the proposed development. It is felt that the proposal is unlikely to have any adverse or detrimental impact on the amenities of local residents, if anything, the development of the site will lead to a visual improvement because of the removal of unsightly structures and the general tidying up of the landscaped areas on the site. The development will also contribute to the level of investment and improvements to housing stock in the area which, should also lead to a general uplifting of the area.

The development is not being designed to be an enclosed community (i.e. there are no high boundary walls and boundaries around the full perimeter of the site, therefore, local residents will (if they should choose to) be able to walk through the site. An enclosed community (as part of a new development within the middle of a housing estate) can often create a sense of separate communities. The open nature of the site should ensure that the future occupants of these apartments are just as much a part of this community as much as anybody else living within the wider estate.

Amenity of Future Residents

The site contains areas of communal external amenity space, these amenity spaces create useful meeting places to help stimulate a sense of community, the amenity spaces also make good use of the topography of the site to take advantage of long distance views and vistas without impinging on the privacy of nearby residents.

The scheme has also been designed to avoid poor outlooks from the apartments and overall the proposal is considered acceptable in terms of the amenity provision it offers for future residents.

Highway Issues

The proposal provides one car parking space per unit, incorporating a proportion of disabled parking. Also incorporated in the proposals are an appropriate number of cycle parking spaces, which are undercover and secure and, have some degree of natural surveillance from the built flats.

Although not directly accessible to Spring Close Mount, there are bus services that operate in the locality (serving the estate as a whole).

The public footpath links/rights of way that run adjacent to the site are not affected by this proposal, however, it is felt that the tidying up of the site and cutting back of landscaped areas will lead to the footpaths being more attractive for use by pedestrians (particularly along the northern boundary of the site).

In the above context the proposals are considered to be acceptable in highway safety and transportation terms.

Landscaping Issue

As previously mentioned in this report, the site contains an area Tree Preservation Order (thereby protecting all the trees on the site). The development of the site will result in the loss of one mature tree in order to accommodate one of the new vehicular access points. Officers feel that the loss of the tree can be accepted in this instance with the provision that a replacement oak tree will be provided elsewhere on site. The development does not affect the remaining 20 or so trees covered by the Protection Order.

It has been reported (by the Gleadless Valley Wildlife Group) that the site does have established areas of Japanese Knotweed, and as such, there are stringent regulations on how to deal with these matters. However, for the purpose of this planning application, it is felt appropriate to impose a suitable planning condition requiring the developer to demonstrate the measures to be undertaken to secure the removal of the Japanese Knotweed from the site and that those measures will be followed.

Affordable Housing Issues

This application was submitted after July 2006 and therefore is assessed against the Interim Planning Guidance of that date. The guidance requires developments of more than 25 dwellings to provide an affordable housing contribution, either on site, or by way of a commuted sum for off site provision.

The application site is outside the Housing Market Renewal Area, and therefore, the requirement would be for a contribution equivalent to at least 20% of the units being provided at the current Affordable Price (£70,000). The IPG states that this requirement may be relaxed where the scheme would provide substantial regeneration benefits or where there are other abnormal costs and application of the guidance would make the scheme unviable.

Whilst the scheme will provide the benefit of new housing units in the area, and redevelop a vacant site, it does not have ‘substantial regeneration benefits’ as defined in the IPG. The IPG defines such benefits as including one third of the development being Business floorspace, or where the site falls within an approved masterplan (e.g Housing Market Renewal Area). There are no abnormal costs with the scheme.

The full contribution (based on 20%) would equate to an estimated commuted sum of £2,100 (this is based on an average market value of £70,175 per apartment), however this figure is still being assessed and members will be updated at the Planning Board meeting.

29 Disability Access Advice

At least 25% of the residential units and the overall site environment should be designed and constructed to Mobility Housing standards as set out in ‘Mobility Housing – Supplementary Planning Guidance’, in accordance with UDP policy H7 'Mobility Housing'.

The scheme identifies a minimum of 14 units which will achieve Mobility Housing standards of design. There are some minor adjustments needed to the layout of the site in terms of car parking spaces and gradients in order to further comply with Mobility Housing guidance, however it is considered that these matters could be satisfactorily resolved through use of appropriate conditions.

Open Space

The catchment area is well above the minimum guideline requirement for informal open space having 11.38 hectares per thousand population, compared to the minimum guideline figure for such space of between 4.1 and 4.3 hectares per thousand population.

In terms of formal recreation space, the catchment area is below the minimum guideline having 1.38 hectares per thousand population, compared with the minimum guideline provision of such space of 1.7 to 1.9 hectares per thousand population.

Overall provision is 12.76 hectares per thousand population, which is well above the minimum guideline of 6.00 hectares per thousand.

As such, a contribution is required for the provision or improvement of recreation space in the catchment area in accordance with Policy H16 of the Unitary Development Plan and the Councils Supplementary Planning Guidance on Open Space Provision in New Housing Developments.

This contribution would require the applicant to enter into a Section 106 agreement to pay a financial contribution of £24,658.20 for the enhancement and improvement of open space within the area.

RESPONSE TO REPRESENTATIONS

The report responds to the majority of the concerns raised in objections to the scheme, however the following comments are made in response to the remaining items:-

Whilst it is regrettable that the scheme will result in the loss of one mature tree, the remaining protected trees (approximately 20 in total) will still be retained as part of the scheme. The site at present is an overgrown area of scrubland where there is also evidence of fly-tipping, the redevelopment of the site for relatively low-cost housing would be seen as a considerable improvement to what is otherwise a visual eyesore in the immediate locality. The loss of the tree is necessary to secure a second vehicular access into the site to enable this development to secure the

30 minimum of one parking space per apartment and ensure that as much green open space is retained as possible. On balance, the benefits to the locality of securing the development and improving the character of the area far outweigh the regrettable loss of a single mature tree.

An ecological survey has been carried out and it has been evidenced that there are no bats or other protected species living in the tree earmarked for removal.

Appropriate planning conditions will be imposed in order to ensure that the site has suitable drainage facilities.

SUMMARY AND RECOMMENDATION

The site is located within a housing policy area and in a sustainable location. The development represents an acceptable development that relates to its surrounding context, responds to the topography of the site, and provides a development which will provide a positive uplift to the area. The scheme raises no significant highway safety issues and provides an appropriate level of parking provision, taking into account the sustainable location of the site. The proposal is unlikely to have a detrimental impact on the amenities of existing occupiers of nearby residential property or of the future occupants of the flats and, the proposal will lead to the removal of a derelict and overgrown site which is currently a visual eyesore on Spring Close Mount.

It is therefore recommended that planning permission be conditionally approved, subject to the applicant entering into a legal agreement to secure financial contributions towards affordable housing provision and enhancement of open space.

HEADS OF TERMS FOR LEGAL AGREEMENT

1. On or before the commencement of development, the Owner shall pay the sum of £24,658.20 to the Council, to be used towards the provision of open space within the vicinity of the site.

2. On or before the commencement of development, the Owner shall pay the sum of £2,100 to the Council to be used towards the provision of affordable housing.

Case Number 08/01126/FUL

Application Type A Full Planning Application

Proposal Siting of a mobile building for the sale of take-away hot food (Use Classes A3 and A5)

Location Car Sales Site East Bank Road Sheffield S2 3PX

Date Received 11/03/2008

Team SOUTH

Applicant/Agent Mr M Collins

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

In order to ensure an appropriate quality of development.

4 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 hot food take-away and cafe shall not be used unless such inclusive access and facilities have been provided in accordance with the approved plans. Thereafter such inclusive

32 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.

5 The hot food take-away and cafe shall be used for the above mentioned purpose only between 0700 hours and 1500 hours on Monday to Saturday and shall not be used on any Sunday or Bank Holiday.

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

6 Waste materials shall not be stored at the site frontage except for the purpose of collection.

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

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

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

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

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

Attention is drawn to the following justifications:

BE5 - Building Design and Siting 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.

33 Attention is drawn to the following directives:

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

Site Location

34 LOCATION AND PROPOSAL

The application site is located to the west of East Bank Road, and is located within a Fringe Industry and Business Area under the provisions of the Unitary Development Plan. The site is a level surface adjacent to the highway, which is located above the railway arches which form the bridge over the railway at this point.

The application seeks to install two portacabin buildings at the site for the purposes of the sale of take-away hot food, with some customer seating incorporated internally and externally providing an element of café/restaurant usage.

RELEVANT PLANNING HISTORY

There is no formal planning history relating to the site, however, it has previously been used as a car sales area.

SUMMARY OF REPRESENTATIONS

Following direct consultation no written representations have been received.

PLANNING ASSESSMENT

The application is located within a Fringe Industry and Business Area, and therefore the provisions of Policy IB6 will be relevant. This states that Food and Drink Outlets are an acceptable use in principle. The following policies are also relevant to assessment of the application proposals:

IB9 ‘ Development in Fringe Industry and Business Areas’ BE5(m) ‘ Building Design – Temporary Buildings’

IB9(a) requires proposals to not prejudice the dominance of the preferred uses (Business, General Industry and Warehousing) to not be prejudiced. Whilst the site is currently vacant, it was previously being occupied by a car sales operation. Therefore, the proposal would have a neutral impact on the proportion of preferred uses in the area. IB9(b) requires residents of nearby housing to not suffer unacceptable living conditions. IB9(c) requires developments to be well designed and of a scale and nature appropriate to the site.

BE5(m) states temporary buildings will only be permitted where they are required to meet short term operational needs and would not be in prominent locations.

The site is not within close proximity to any residential buildings. The proposal would therefore be considered to avoid harmful impacts in this regard, and to satisfy the requirements of IB9(b).

In their basic form ‘Portacabin’ buildings are temporary in appearance. In order to address this the Applicant proposes to finish the building using plastic coated cladding material. Two types of cladding would be used; the 1st being horizontally corrugated and the 2nd being a flat cladding. The cladding would be finished in a

35 terracotta colour. The use of these materials would give the buildings a more permanent appearance; similar visually to modern business parks, offices and large retail units. It is considered that their finished appearance would be in keeping with the character of the area. The buildings would be of an appropriate scale to the site.

It is also relevant that the site is not capable of accommodating a conventionally built structure given its position over the railway arches. It is considered preferable to enable a constructive use of the site, as opposed to allowing it to remain vacant and degenerate visually.

Overall, it is considered that the buildings would appear as permanent. As such the visual impacts of the proposal would be considered acceptable, complying with the requirements of BE5(m) and IB9(c). A condition controlling the finished appearance can be imposed.

The proposed fencing would run at the rear of the site, and be necessary to secure the site. A condition controlling the appearance of this can be imposed.

Highway Issues

The application would not give rise to any detrimental impacts in terms of highway safety within the vicinity of the site. Immediately at the site frontage there are no highway parking restrictions, as such on-street parking would be expected to occur. Some parking restrictions do exist beyond this immediate zone, thereby containing the amount of on-street parking. Overall, the proposal would be considered to be acceptable and to avoid any harmful impact upon local highway safety circumstances.

Access Issues

A number of issues have been identified as requiring amendment to enable the site to be satisfactory in this regard. A condition can be imposed requiring these points to be addressed.

SUMMARY AND RECOMMENDATION

The application seeks permission to allow the installation of mobile buildings at the site, and the change of use of the site for hot food take-away purposes with an ancillary café function. The use is considered to be acceptable at this location, and the proposed buildings would be considered to be permanent in appearance. The development satisfies the relevant UDP policies.

It is recommended that planning consent is granted, subject to conditions controlling the appearance of the buildings and the fencing, and the access issues.

Case Number 08/01225/OUT

Application Type Outline Planning Application

Proposal Erection of a renewable energy plant with associated flood management works, landscaping and improvements to an existing access

Location Former Blackburn Meadows Power Station Site Alsing Road Sheffield

Date Received 17/03/2008

Team CITY CENTRE AND EAST

Applicant/Agent E.ON UK Plc

Recommendation GRA GC subject to Legal Agreement

Subject to:

1 The development shall not be commenced unless and until full particulars and plans thereof shall have been submitted to the Local Planning Authority and planning approval in respect thereof including details of (a) access, (b) appearance, (c) landscaping, (d) layout and (e) scale (matters reserved by the permission) shall have been obtained from the Local Planning Authority.

Until full particulars and plans of the development (including details of the matters hereby reserved) are submitted to and approved by the Local Planning Authority they cannot agree to the development proceeding.

2 Application for approval in respect of any matter reserved by this permission must be made not later than the expiration of three years from the date of this decision.

Until full particulars of the development are submitted to and approved by the Local Planning Authority they cannot agree to the development proceeding.

3 The development shall be begun not later than whichever is the later of the following dates:- the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

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

37 4 The Bio Mass plant shall be designed and constructed to be ‘combined heat and power’ (CHP) ready. This shall consist of the following:

The plant shall be capable of supplying heat into a district/community heating system operating at a supply temperature of between 85°C and 120°C and a return temperature between 50°C and 90°C.

The plant shall be designed to provide the instantaneous heat rate delivered by a reduction of 10% in the instantaneous electrical power output into the district/community heating system at the maximum supply temperature.

In order to meet the above criteria, the applicant shall ensure that the turbine is fitted with appropriately sized extraction ports and or bleeds, provide space for heat exchange and pumping equipment and reserve the necessary pipe routes and auxiliary systems required to deliver the heat from the turbine to the heat exchangers and thence to the plant boundary for connection to any proposed heat network. The applicant shall not be required to provide any direct capital plant other than the modifications to the steam turbine and additional space for the equipment noted unless agreed as part of the heat network development referred to under condition 5.

The plant shall not be brought into use unless it has been constructed to meet the above criteria.

In the interests of reducing greenhouse gas emissions and maximising the efficiency of the plant in accordance with PPS1, PPS22 and the Regional Spatial Strategy.

5 Prior to the plant coming into commercial operation, a report including a scheme or schemes for utilising heat from the plant prepared by an independent consultant shall be submitted to, and approved by, the Local Planning Authority determining the feasibility, costs, risks and benefits of utilising heat from the plant. The terms of reference for the independent consultant, including the distribution of the final report, shall be agreed with the Local Planning Authority. The applicant shall not be required to implement any scheme identified by the report other than on commercial terms that are acceptable to the owner of the plant.

In the interests of reducing greenhouse gas emissions and maximising the efficiency of the plant in accordance with PPS1, PPS22 and the Regional Spatial Strategy.

6 The renewable energy plant shall be developed within the plant boundary as defined on site plan (0-)AD02. The maximum floorspace and the scale of the buildings/structures shall not exceed the parameters defined in the Design and Access Statement, the maximum throughput of fuel shall not exceed 180,000 tonnes per annum.

38 In order to define the parameters of the development as required by circular 01/2006 and to ensure the impact of the development is limited to that assessed in the Environmental Statement.

7 Prior to the plant being brought into use, the remainder of the site outside the plant boundary as defined on plan (0-)AD02 and excluding the initial access and existing buildings to the north west of the plant, shall be landscaped, managed to enhance or maintain the habitat value, developed for flood mitigation and Sustainable Urban Drainage in accordance with the principles of landscape mitigation and ecological mitigation as set out in the section 3.6.6, 3.6.7 and 3.5.8 of the Environmental Statement.

In the interests of mitigating against the landscape and ecological impact of the proposals and enhancing the biodiversity of the site and green corridor.

8 The alignment of the fixed link as shown on plan no BRT No 010 issue 01 shall not be developed as part of the flood mitigation proposals except where unavoidable and shall not be developed for any other purpose other than site landscaping unless otherwise authorised in writing by the Local Planning Authority.

In the interests of ensuring that the development does not prejudice the wider regeneration of the area for which the fixed link is essential.

9 Noise levels from the plant shall not exceed 45dB(1 Hour)LAeq when measured 200m from the plant. Construction noise shall not exceed 65 LAeq dB at the nearest residential premises between 0700 and 1900 as outlined in section 3.8.10 of the Environmental Statement. Construction works shall only take place outside these hours if in accordance with a protocol submitted to and approved by the Local Planning Authority prior to the works commencing.

In the interests of the amenities of the locality.

10 Before any development commences details of the management of construction and operational HGV traffic shall be submitted to and approved by the Local Planning Authority.

In order to minimise the congestion and highway safety impact on the M1 and junction 34.

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

In the interests of the safety of road users.

12 The fuel for the plant shall have a minimum biomass content of 90% and shall primarily comprise of waste wood unless otherwise agreed in writing by the Local Planning Authority.

To ensure that carbon impacts associated with development are minimised and to ensure that the environmental impact and benefits of the proposal are in accordance with that assessed in the Environmental Statement.

13 The detailed design of the renewable energy plant shall be in accordance with the “Design and Development Principles and Process” as set out in the Design and Access statement and shall respond to design issues identified on the “Design Concept” plan and the design issues relating to massing and roof lines as identified in the Design and Access statement.

In the interests of mitigating the visual impact of the proposal and ensuring that the plant which will be visible over a wide area will be of an appropriate quality for this gateway/landmark location, in the interests of the visual amenities of the locality.

14 No development work, including ground clearance and demolition work shall take place unless and until the developer, their agent or their successor in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been submitted to and approved in writing by the Local Planning Authority.

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

15 The development shall not be begun until a scheme for the provision of flood defences to protect the substation to a level of no lower than the modelled 1% plus climate change flood level, has either a) been implemented or b) arrangements have been entered into which will ensure it will be implemented to a timescale submitted to and approved by the Local Planning Authority.

In order to ensure that essential infrastructure is adequately protected against flooding as required by PPS 25.

16 During construction dust shall be mitigated against in accordance with “Use of London Councils Best Practice Guidance, November 2006, The Control of Dust Emissions from Construction and Demolition”.

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

17 Heavy and light duty vehicles delivering to the site shall be fitted with exhaust after treatment technologies such as catalysts, if the vehicles are Euro II standard. Euro III standard vehicles shall be upgraded or replaced to meet Euro IV standard by 2010.

In order to minimise the impact on air quality of Nitrogen Dioxide in an Air Quality Management Area.

18 Prior to the renewable energy plant being brought into use a landscape and habitat management plan shall be submitted to and approved by the Local Planning Authority for the site. Thereafter the site shall be managed in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

In the interests of mitigating the landscape and ecological impact of the proposals and enhancing the biodiversity of the site and green corridor.

19 Before any development commences a scheme for the management of surface water run off, using the sustainable drainage techniques set out in section 3.2.5 of the Environmental Statement and subject to surface water run-off being restricted to a maximum flow rate of 5 litres per second per hectare shall be submitted to and approved by the Local Planning Authority along with details of the re-profiling works required to facilitate the SUDS scheme. The scheme shall be implemented in accordance with the approved details prior to the plant being brought into use.

In the interest of securing satisfactory drainage details and ensuring the design incorporates the landscaping and ecological mitigation and enhancement proposals.

20 Before any work on site is commenced, measures to protect the existing 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.

41 21 Prior to the construction of the plant commencing details of the following matters shall be submitted to and approved by the Local Planning Authority. Thereafter the approved details shall be implemented before the plant is brought into use unless otherwise agreed in writing by the Local Planning Authority.

1. Public Art. 2. Rainwater harvesting. 3. The design and extent of green/brown roofs.

In the interests of the amenities of the locality and securing a sustainable development.

22 The finished floor levels of the Renewable Energy Plant, excluding the parking area, shall be set at a minimum of 31.53m AOD.

In order to minimise the risk of flooding and ensure that essential infrastructure can remain operational during a flood event.

23 Before any development commences details of a flood compensation scheme, to provide floodplain storage capacity equal to or in excess of that to be lost by raising land levels within the site in order to accommodate the plant, shall be submitted to and approved by the Local Planning Authority. The details shall include calculations demonstrating that there will be no net loss in flood storage capacity and details of levels, cross sections and contour plans showing how the site will be re-profiled. The approved details shall be implemented such that there is no net loss of flood storage capacity during construction of the renewable energy plant and shall have been completed before construction of the plant commences.

In order to ensure that the development does not worsen flooding elsewhere as required by PPS25.

24 The Renewable Energy Plant shall not be brought into use until a scheme for the provision of a pedestrian evacuation route which shall remain safe during periods of flooding has been submitted to and approved in writing by the Local Planning Authority. The route shall be incorporated into the site health and safety file in accordance with the approved details.

To provide a safe evacuation route during flooding.

25 No development approved by this permission shall be commenced until a scheme for the provision and implementation of foul drainage works including details of any balancing works and off-site works, has been approved by the Local Planning Authority. The approved scheme shall be implemented before the plant is brought into use.

To prevent pollution of the water environment.

42 26 Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.

In the interests of the visual amenities of the locality.

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

To prevent pollution of the Water Environment.

28 Before the development is commenced a Phase 2 Risk Assessment, to characterise the contamination on site and propose a remediation scheme to ensure safe redevelopment, shall have been submitted to and approved in writing by the Local Planning Authority. This shall include a verification plan providing details of the data to be collected in order to demonstrate that the works set out in the remediation scheme are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. 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.

In order to protect the health and safety of future occupiers and users of the site and reduce the risk of pollution to controlled waters.

29 Prior to the completion of the development, a verification report demonstrating completion of the works set out in the approved remediation scheme and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority.

43 In order to protect the health and safety of future occupiers and users of the site and reduce the risk of pollution to controlled waters.

30 Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

To reduce the risk of pollution to controlled waters.

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

a) been carried out; or

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

Highway Improvements:

- Signalisation of the Alsing Road supertram crossing. - Realignment and widening of Alsing immediately west of the supertram crossing point.

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

32 A minimum of 30% of the site’s energy needs shall be met be renewable energy generated on site.

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

33 Green roofs shall be provided over a minimum of 20% of the total building footprint on the whole development site. They shall include a substrate based growing medium of depth varying from 80mm to 200mm and shall incorporate 15-25% compost or other organic material and shall be designed to provide habitat suitable for nesting by Little Ringed Plover, Black Redstarts an Skylarks. The vegetation type shall be herbaceous plants, indigenous to the locality. The roofs as a whole shall be designed to retain a minimum of 60% of annual rainfall. Unless otherwise agreed in writing by the Local Planning Authority.

44 Full details of the roof construction, specification and maintenance schedule shall be submitted to and approved by the Local Planning Authority before any development commences. The plant sward shall be maintained for a period of 5 years form the date implementation and any failures within that period shall be replaced to the satisfaction of the Local Planning Authority. Upon completion of installation the Local Planning Authority shall be given notice to make an inspection. The green roofs shall be implemented prior to the use commencing.

In the interests of minimising runoff, compensating for habitat losses on site and ensuring the green roofs are designed to appropriate standards.

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

To ensure satisfactory drainage arrangements.

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

To ensure satisfactory drainage arrangements.

36 Prior to the Biomass plant being brought into use proposals for visitor facilities shall be submitted to and approved by the Local Planning Authority.

In the interests of the amenities of the locality.

37 Prior to the commencement of development, a scheme shall be submitted to and approved by the Local Planning Authority demonstrating what steps will be taken to seek to achieve a BREEAM ‘Very Good’ rating for the development. The development shall be carried out in accordance with the approved scheme unless otherwise agreed in writing by the Local Planning Authority.

In the interests of securing a sustainable development on the site and maximising energy efficiency in accordance with national and local policy.

38 The power plant shall not be used unless details have been submitted to and approved in writing by the Local Planning Authority, showing how surface water will be prevented from spilling onto the public highway. Once agreed, the measures shall be put into place prior to the use of the power plant commencing, and shall thereafter be retained.

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

45 39 Prior to the plant commencing, details of the following matters shall be submitted to and approved by the Local Planning Authority. Thereafter the approved details shall be implemented before the plant is brought into use unless otherwise agreed in by the Local Planning Authority.

1. Parking details, including disabled parking spaces and covered cycle/motorcycle parking provision. 2. Pedestrian access arrangements.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

IB8 - Industrial and Business Sites IB9 - Conditions on Development in Industry and Business Areas MW3 - Waste Management GE22 - Pollution GE27 - Alternative Energy Sources BE1 - Townscape Design BE4 - Environmental Improvements BE5- Building Design and Siting BE6 - Landscape Design

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

Attention is drawn to the following directives:

1. Before the development is commenced, a dilapidation survey of the highways adjoining the site shall be jointly undertaken with the Council and the results of which agreed in writing with the Local Planning Authority. Any deterioration in the condition of the highway attributable to the construction works shall be rectified in accordance with a scheme of work to be agreed with the Local Planning Authority.

2. The applicant is advised that at the time when a reserved matters application is submitted and the alignment of the new fixed link road has become fully established, the details of the flood mitigation measures and landscape works, should take full cognisance of the alignment and endeavour to minimise abortive works.

3. As there are works that involve modifications to the Supertram network at Alsing Road, details of the works will need to be agreed with South Yorkshire Passenger Transport Executive and the railway inspectorate.

46 Site Location

LOCATION AND PROPOSAL

The application site is the former coal power generating site located at Blackburn Meadows which was last used in the 1960s and adjoins the two remaining cooling towers. The area of the site is approximately 10.8 hectares although the built development will occupy approximately 3.5 hectares and be located on the northern part of the site adjacent to the Sewage Treatment Plant.

The Blackburn Meadows Sewage Treatment Plant adjoins the site to the north and the Blackburn Meadows Nature reserve to the east. To the south there is the Sheffield and Rotherham railway line, the River Don and Sheffield and Tinsley Canal. To the west there is Tinsley viaduct with Meadowhall shopping centre beyond. The nearest residential areas are Tinsley, approximately 400 metres to the south, and Meadowbank Road, approximately 450 metres to the north. The

47 site excludes the two standing cooling towers adjacent to the motorway and a Primary Sub Station located in the centre of the site which is leased by E.ON to Yorkshire Electricity.

The site is generally level and much of it is covered with the concrete foundations of the power station demolished in the 1970s. The site has a vegetated appearance as it has been naturally colonised.

The application proposes a renewable energy plant capable of generating approximately 25 MW of electrical energy. The plant will utilise waste wood without preservatives (Biomass), which would otherwise have been sent to landfill. Other biomass fuels such as forestry products, energy crops, cereal co-products and solid recovered fuel may be burnt if they can be obtained in a sustainable manner and at a competitive price. Biomass is considered to be renewable energy in that it is derived from animal or vegetable matter and, when burnt, the amount of carbon released is equivalent to the amount of carbon absorbed during the growing cycle. The applicants have estimated that the plant is sufficient to meet the energy needs of approximately 40,000 homes and is expected to result in savings of at least 80,000 tonnes of carbon dioxide annually. This is assuming it displaces energy generated by a typical mix of fuels.

The application is in outline with all matters of detail reserved for future approval. Access to the site will be off Alsing Road which links with Meadowhall Way and Meadowhall Road. There is a Super Tram level crossing before the entrance to the site under the Tinsley Viaduct.

The fuel will be delivered to the site by road and will be already chipped, approximately 180,000 tonnes per annum. There are expected to be approximately 80 HGV movements per day, (40 in and 40 out) when the plant is operational. The fuel will be screened in a reception building and fed to a fully enclosed and automated fuel store. It is then transferred to silos at the boiler house by means of enclosed conveyors. The boiler house includes the combustor where the fuel is burnt to generate steam. The boiler house is the tallest building on the site; it will have a footprint of approximately 32m by 25m by 46m high. The steam will generate electricity in the Turbine hall. Flue gas will be cleaned and filtered and released to air via the stack which will be 85 to 90 metres high. The air cooled condenser or a cooling tower system will convert waste steam to water for re-use and will be housed in a building with a footprint of approximately 40 metres by 26 metres by 25 metres high. There will also be a single storey office building and workshop building. The facility will operate 24 hours a day and will employ approximately 40 people. It could be operational by 2011. Security personnel will be present 24 hours a day, 7 days a week, backed up by CCTV. There will be no general public access. However there are plans for site visitor facilities for organised visits from schools and the general public.

The plant will need to be licensed by the Environment Agency under the Pollution Prevention and Control Regulations and will be designed to minimise emissions by incorporating the Best Practical Options and Best Available Techniques.

48 The site lies in a flood risk zone having a high probability of flooding. In order to protect the site against flooding it is proposed to lift the building levels above the 1 in 100 year flood levels plus an allowance for climate change. A flood mitigation scheme is proposed within the site to replace the flood plain capacity that will be lost as a result of the development. The flood mitigation scheme and a Sustainable Urban Drainage scheme will be accommodated on the southern part of the site. These works along with landscaping proposals will be designed to enhance the habitat of the site.

The combustion process produces waste heat and it is technically feasible to use this in a Combined Heat and Power (CHP) network. E.ON have advised at the present time that it is not possible to give a firm commitment that a CHP option will be economically viable until potential customer requirements are known. However they have stated that the plant design and layout will be flexible to accommodate the initial CHP options identified to date.

E.ON proposes to establish a community fund to the value of up to £25k per annum. This would be used to fund sustainable projects in the Tinsley/Darnall area. As this will not address any planning issues it should not be given any weight in determining the application.

The main reasons why E.ON selected this site are;

The existence of a 33KV electrical sub station which can be used to connect to the national grid.

The availability of the waste wood fuel supply and the proximity of the M1 for deliveries.

E.ON’s existing land holding which is sufficiently large to accommodate the plant.

RELEVANT PLANNING HISTORY

Planning consent was granted for the Erection of a combined Heat and Power Station on the site in March 1990, application number 88/02289/OUT

SUMMARY OF REPRESENTATIONS

The applicant has submitted a statement of community involvement. They carried out the following pre application publicity: Presentations to Darnall Ward Area Panel, the East End Strategy Group, Tinsley Forum and Sheffield Clean Air Partnership. A newsletter was distributed to residents in Darnall Area Ward, Blackburn, Hill Top, Richmond Park and Kimberworth. A leaflet drop was also made to neighbours. Public exhibitions, with staff available to answer questions, were held at Tinsley Green Children’s Centre, The Moor, Meadowhall Shopping Centre and an information day was held at Tinsley Community Centre. A Web page was set up along with an e-mail enquiry and free phone number for further information. The applicant’s summary of the comments received through this consultation are listed in Appendix One with full details in a Statement of

49 Community Involvement. The applicant has carried out a significant amount of pre- application publicity and this is to be welcomed.

As part of the planning application process, letters were sent to neighbouring businesses, residents and community groups in Tinsley and Rotherham, (approximately 1500). Site notices were displayed, the scheme was advertised in the press and copies of the Environmental Statement were made available at Darnall library and the Central library.

Yorkshire Forward Welcome the proposal as it will contribute to the region’s target of reducing greenhouse gas emissions by 20-25% by 2016. It will reduce the amount of waste going to landfill in line with the waste hierarchy. It will contribute positively towards meeting the objectives of the Regional Energy Infrastructure Strategy (2007). It will contribute approximately 53% of the 2010 renewable energy target set for the South Yorkshire sub-region within the draft RSS and make a significant contribution towards meeting the renewable energy target set for Sheffield. It will support the Regional Economic Strategy objective 5C which seeks to promote energy security and reduced fossil fuel dependency by more efficient and renewable energy generation. They support the plant being adapted to include Combined Heat and Power which has the potential to significantly reduce greenhouse gas emissions and point out that this is supported by policy ENV5 of the draft RSS and is highlighted as a key action within the Regional Energy Infrastructure Strategy.

Sheffield Wildlife Trust commented that the site is close to the Local Nature Reserve, Blackburn Meadows, which is locally important. It adjoins the canal and rivers which are designated Areas of Natural History Interest and is also within a Green Corridor. They are concerned about the impact of the Fixed Link on the habitat at the site; however this is not part of this application. They consider that promoting rail access to the site would have potential negative effects on wildlife. As the site lies in a Green Corridor they consider development should take place in a way that protects local species. The impact of construction on the Local Nature Site should be considered. They would discourage the creation of a second footpath along the north bank of the river as there is already one on the southern bank and it could be harmful to wildlife. If the hybrid Cooling Tower option is promoted the waste water should be cleaned to high standards before returning to the river.

Natural England has raised no objections to the proposals. They consider the development should not only mitigate for any unavoidable damage to wildlife but should actually make a positive contribution to the natural environment in accordance with Government Policy. They also consider that native species of plants should be used in landscaping associated with this development. Their records do not indicate the presence of any protected species on site.

Sheffield Primary Care Trust welcome the contribution of renewable energy to the major public health challenge of climate change and the possibility of making the development a combined heat and power station which would significantly enhance the carbon reduction credentials. The Tinsley residential community is adjacent to the site and is exposed to high levels of noise and pollution. There are

50 high levels of respiratory disease, coronary heart disease infant mortality rates and a high proportion of low weight births. Whilst the impact of the development on air quality is small it will worsen air quality where it is already poor and even a small deterioration in air quality is a concern. The PCT therefore welcome the applicants’ commitment to support the Air Quality Action Plan and suggested that the developer could provide support for local air quality monitoring. They welcome the developers’ commitment to establish the community fund and request that a minimum contribution of at least £1000 per MW of power generated is confirmed and that management of the fund is placed with Tinsley Forum to support local initiatives contributing to sustainable development. They welcome the job opportunities that will be created and point out that increased employment will bring health benefits. The applicants’ commitment to maximise access to local jobs is welcomed and suggest a monitoring programme is in place to establish the success of this.

South Yorkshire Passenger Transport Executive has advised that the developer should provide funding for signalising the Alsing Road Supertram crossing. Parking should be controlled on Alsing Road to ensure vehicles can cross the tracks safely. To facilitate the delivery of the Fixed Link between Sheffield Road and Meadowhall Way the developer should be conditioned to provide the land for the road free of charge.

The East End Strategy Group has made comments on the Sustainability Appraisal. They made the following key recommendations.

- Early proactive support for training and employment to be focussed on opportunities for local people (including job match construction). - Opportunities should be taken to support community based businesses and local suppliers. - Increased working with the local community including funding for air quality monitoring. - Local sourcing of fuel to minimise transportation. - Improved access to the green space adjacent to the site and safe local pedestrian routes. - The use of BREEAM excellent as a standard for the buildings. - Securing an appropriate use for the waste heat. - Monitoring of air quality around the site long term in the interests of local impacts on health. - Use of the proposed Half Penny link to access the site when it is in place. - Clarification needed on the impacts of the use of Solid Recovered Fuel.

Tinsley Forum have commented that there will be a small increase in nitrogen dioxide and the development will make it more difficult to reduce these levels to protect the health of the local community. They have also repeated the recommendations referred to above under the East End Strategy Group’s comments.

The police recommend the site is secured with a 2.4m high security fence and lockable gates.

Yorkshire Water has raised no objections subject to conditions controlling the drainage details.

British Waterways has stressed the opportunity offered by the waterway of transporting materials and suggest the applicant should be encouraged to use it.

Sheffield City Airport has raised no objections to the proposal.

One letter of objection has been received from a local resident. The grounds of objection are as follows.

- Pollution - The air quality is already poor; even though emissions may be within allowed limits any additional pollution is not acceptable as it will add to the already poor air quality. Would the additional pollution breach the limits set by the Air quality framework directive of the European Union? - Traffic - The transport of fuel to the site will add heavy traffic to an already congested area. - Sustainability - The scheme is not so sustainable when you take into account fuel used in delivering the feedstock and removing residues.

One letter of objection has been received from the owners of Vantage Riverside Business Park. The grounds of objection are that there is insufficient information to assess the impact of the building in the absence of detailed design and landscaping. The Council should not grant consent in advance of agreeing an acceptable design code on which full consultation should be carried out. The alignment of the fixed link should be reconsidered as it was partly justified on the development traffic from the E.ON site which is intended to be accessed from Alsing Road.

PLANNING ASSESSMENT

Policy Issues.

National Policy.

Planning Policy Statement 1 “Delivering Sustainable Development” promotes the development of renewable energy sources. The Planning and Climate Change supplement to Planning Policy Statement 1 states that one of the key planning objectives is to make a full contribution to delivering the Government’s Climate Change Programme and energy policies, and in so doing contribute to global sustainability. It also seeks to ensure that opportunities for renewable and low- carbon sources of energy supply and supporting infrastructure, including decentralised energy systems, are maximised. It states that applicants should not be required to demonstrate the overall need for renewable and low-carbon energy and its distribution, nor question the energy justification for why a proposal for such development must be sited in a particular location.

52 Planning Policy Statement 10 “Planning and Sustainable Waste Management” seeks to push waste management up the Waste Hierarchy with disposal being the last option. The plant will recover energy from waste that would otherwise have been disposed of to landfill.

Planning Policy Statement 22 “Renewable Energy” states that development plans should include policies to promote renewable energy and the wider social and economic benefits of renewable energy schemes should be given significant weight.

Planning Policy Statement 23 “Pollution Control” advises that potential impacts on air, land, water and health are all potential material considerations.

Regional Policy.

The Regional Spatial Strategy (RSS) for Yorkshire and The Humber to 2026 published in May 2008 is part of the development plan and should be given significant weight in determining applications. Policy YH2 seeks to reduce greenhouse gas emissions in the region by 2016 by 20-25% compared to 1990 levels, with further reductions thereafter. This will be achieved in part by increasing renewable energy capacity. Policy ENV5 ‘Energy’ seeks to maximise improvements in energy efficiency and increases in renewable energy capacity. It sets targets for installed grid connected renewable energy capacity in south Yorkshire of 47 MW by 2010 and 160 MW by 2021. The local targets for Sheffield are 11MW by 2010 and 52MW by 2021. Policy ENV12 seeks to move the management of waste streams up the waste hierarchy.

RSS Policy E3 requires local authorities to maintain a 5 year supply of land for employment uses. This site has been identified in the emerging Sheffield Development Framework City Sites and the Atkins Employment Sites Survey as a site that should be retained for employment uses, so a loss to a non-employment use is contrary to Policy E3.

Unitary Development Plan.

The majority of the site lies in a Fringe Industry and Business area and also an Industry and Business site. Policy IB8 states that in industry and business sites only the preferred uses in the relevant policy will be permitted. In this case the relevant policy is IB6 ‘Development in Fringe Industry and Business Area’ under which the preferred uses are business, general industry and warehousing. As a power station is considered to be use on its own (although it is a use of an industrial character) it is contrary to this policy. It is therefore necessary to consider whether there are any planning reasons that outweigh this policy and the general presumption that decisions should follow the development plan. Policy IB9 provides criteria for assessing development in Industry and Business Areas which include a requirement that the proposal should not prejudice the predominance of the dominance of industry and business in the area or cause the loss of important industry and business sites. It should not cause residents to suffer unacceptable living conditions and should be well designed and of a scale appropriate to the site. As the proposed development is not an industry and business use and will occupy

53 the majority of the policy area it will not maintain the dominance of industry and business in the area. However it should be noted that whilst technically the proposal is in conflict with the business and industry policies, the Biomass power station is industrial in character and industry and business areas are appropriate locations for such uses.

Policy MW3 states that when catering for waste materials all options should be examined to keep tipping to a minimum.

The canal and river corridor to the south of the site and the river, part of the Blackburn Meadows Sewage Treatment works and the Blackburn Meadows Nature Reserve to the east of the site lie in an Open Space area and an Area of Natural History Interest.

Policy GE22 states that development should be sited so as to prevent or minimise the effect of pollution on neighbouring land uses or the quality of the environment. This is considered in more detail below in the air quality section.

Policy GE27 states that development of alternative energy sources will be permitted where it would not significantly harm the natural or built environment nor create unacceptable living conditions for nearby residents.

Renewable Energy Feasibility Study.

The Council commissioned a feasibility study in 2006 to better understand the renewable energy options across the city. This identifies the application site as seeming a very suitable site for a Bio Mass plant. This document provides useful background information but is not planning policy.

The proposal is supported by national and regional and local policy in that it promotes the provision of renewable energy in tackling climate change, it will assist the city in meeting its renewable energy targets and the region in meeting its targets to reduce greenhouse gases. It is also clear that the wider social and economic benefits of renewable energy schemes should be given significant weight. The proposal is also supported by policy in that it will reduce landfilling of waste and move waste up the waste hierarchy. It is however contrary to UDP policies in that it is not a preferred use for the site and will prejudice the dominance of industry and business in the policy area and RSS Policy in terms of the provision of a 5 year supply of employment land.

Design and Layout Issues.

Policy BE1, Townscape Design, states that a high quality townscape will be promoted with a positive approach to conservation and a high standard of new design. The replacement of buildings that are not of conservation value creates an opportunity for improving the City’s townscape and developing its character.

Policy BE4 states that the priority for environmental improvements will be given to areas where the environment is unsatisfactory including the M1 corridor. The commentary to this policy states that the main routes into Sheffield and the M1 are

54 used by thousands of people and they provide the first and often lasting impression of Sheffield to visitors.

Policy BE5 states that good design and the use of good quality materials will be expected in all new and refurbished buildings and extensions. A set of principles covering physical design, user requirements, refurbishment and temporary buildings is stated. These seek to ensure good design and help create a safe and attractive environment.

Policy BE6 aims to encourage the practice of good quality landscape design in new development and refurbishment schemes. It states that landscaping contributes significantly to providing an attractive setting for new buildings and sympathetic planting can help strengthen the ‘greening’ of the City.

Policy IB9 states that new development should be designed with buildings and storage of a scale and nature appropriate to the site.

The application site lies in the valley bottom with land rising both to the south towards Tinsley and to the north towards Kimberworth. The immediate context for site is of large scale industrial and commercial operations such as the Sewage Treatment Works and Meadowhall shopping centre. However there is a significant green context associated with the river, canal and railway corridors, the Blackburn Meadows Nature Reserve and the site itself which is naturally regenerating. The Cooling towers at 76m high are significant local features.

There are key views of the site from housing areas to the north and south, from the Tinsley viaduct and potentially from the fixed link, a proposed new road that will link Sheffield Road, Tinsley to Meadowhall Way by bridging over the river Don and railway.

Whilst all matters of detail are reserved for future consideration the applicants have submitted an indicative layout plan and a design concept that will create a framework for the future development. The plant is shown as being located on the northern part of the site which has been influenced by a number of factors. These include

- The need to secure vehicular access from Alsing Road. - In order not to prejudice the alignment of the proposed Fixed Link. - Minimising the impact on flooding, locating the built development close to the river boundary would be likely to disrupt flood flow patterns. - Maximising the opportunity for landscaping and reinforcing the green character of the river corridor. - Avoiding the site of the Cooling Towers, which are planned for demolition but the timing of which is unresolved.

Given these considerations it is accepted that the general location of the plant within the site is appropriate.

The relationship between the individual buildings on the site is to some extent controlled by the processes involved. The scale of the buildings is a function of the

55 processes involved and some of the buildings and plant will be large scale and particularly tall. The most prominent elements will be the fuel store and cooling system at approximately 25m high, the boiler house approximately 46m high and the stack at approximately 90m high. The visual impact of the development is considered in more detail in the Landscape and Visual Impact section below.

The applicant’s design strategy is for contemporary modern industrial buildings set in a green environment utilising visually strong and, wherever possible, sustainable materials. Whilst not committing to a design approach the preferred strategy is one of the smaller buildings being integrated into their surroundings with the use of green roofs and timber or other green cladding materials including green walls. A more contemporary approach will then be taken with the taller structures such as the stack and boiler house to contrast with the more subdued background. The concept is that the design will respond to the key focal points from the M1 motorway and the proposed Fixed Link and there will be a particular design emphasis on the key elevations facing the south and south western boundaries. The applicants have suggested that the primary construction will be of insulated cladding panels with a dark neutral colour finish with a variety of cladding materials installed on concealed lightweight framing attached to the face of the cladding panels. The materials would be selected from a range including timber cladding from sustainable sources, natural metal sheet cladding such as aluminium, zinc and copper, framed panels of punched or perforated aluminium sheet, framed panels of stainless steel mesh, glass reinforced concrete, aluminium cassette panels. They will also consider ground level plinths of stone gabions, trellised framing of stainless steel wires to support climbing plants, photovoltaic panel and green roofs on roofs and sloping elevations. The design concept also acknowledges that opportunities will be taken to create interesting roof lines and lighting will be considered to provide some visibility to the building after dark whilst endeavouring to minimise light pollution.

The primary contractor has not been appointed for the scheme but they will be required through the contract to maintain architectural and design advisors. E.ON will also appoint a reputable architect and design practice to advise E.ON and the contractor design team.

The applicant has agreed to commit to the following design principles.

- A development that responds to the landmark location. - Green roofs on appropriate buildings. - Buildings to achieve BREEAM good standard whilst striving for very good or excellent. - Sustainable drainage equivalent to green field run-off incorporating green roofs, rainwater harvesting and where appropriate permeable paving. - To respond to the alignment of the Fixed Link - To incorporate public art in the design. - To utilised the cladding materials specified above where practical and affordable. - To develop the landscape quality and bio-diversity of the open areas.

56 Sustainability.

The council has produced guidelines to considering the sustainability of a development. These suggest the following key questions should be answered. Does the proposal help support and revitalise the local economy? Does it reinforce Sheffield’s Neighbourhoods and Communities? Does it provide a range of transport options and disabled access? Does it protect and enhance the natural environment and resources? Does it integrate high quality design and construction?

The proposal will help support the local economy through the creation of construction and permanent jobs although the number of permanent jobs is quite low for a site of this size. It will also create a new business which will be seen to contribute positively to the image of the area.

The employment opportunities will strengthen the local community as will the educational opportunities available through the visitor centre.

The site can be accessed by public transport from the Meadowhall interchange but it is not particularly well connected to residential areas. The new buildings will need to be designed to be accessible for disabled people.

The proposal will enhance the natural environment in terms of reducing carbon emissions, reclaiming a contaminated site, reducing landfilling of waste wood and enhancing the bio diversity of the site. This can be balanced against the impacts of additional traffic and worsening of air quality.

It is arguable whether the addition of the large scale industrial structures and chimney will be viewed as high quality design particularly as the final design is unknown. However the design framework referred to above establishes design principles that will assist in securing a good quality design for a power station and show that the applicant is committed to design quality.

The applicant has put forward the following sustainability benefits of the development. - Local access to employment opportunities. - Regeneration of a Brownfield site and environmental enhancements. - Community involvement. - Access to all modes of transport. - Recycling waste generated by the plant. - Use of renewable energy for some of the plants needs. The applicant has agreed to a condition that 30% of the energy used by the development is to be from renewable sources generated on site. - Commitment to a quality design that will contribute to local distinctiveness and energy efficient design.

Other sustainable features include; - Provision of green roofs (min of 20% of roof coverage. - Buildings to be designed to meet BREEAM Very Good standard. - Sustainable Urban Drainage as referred to below.

57 - A rainwater harvesting system will be implemented to provide none potable water for uses such as toilet flushing.

Existing foundations will be excavated and reused on site where possible in order to reduce vehicle movements. It is anticipated that the plant will produce 1500 tonnes of bottom ash annually which is expected to be classified as none hazardous. It is expected that this will be sold for reuse in the construction industry, if not it will be landfilled. There is demand particularly for road construction and on average 85% has been sold from other units during the period 2001-2005. The plant is expected to produce approximately 6000 tonnes of filter ash which is likely to be classified as hazardous waste due to the agents added to filter the plant emissions. It is likely to be disposed of to landfill which will take place via suitably covered lorries. Water from the water treatment plant will be neutralised and discharged according to best available techniques and the solid residues will be taken to landfill.

It is estimated that the plant will save 80,000 tonnes of carbon dioxide emissions annually as compared with a fossil fuel plant of similar size. The applicant has indicated that fuel will be sourced within 50 miles of the site based on a fuel study that shows that there is considerably more waste wood than is needed to serve the plant within this catchment area. Planning Policy Statement 22 “Renewable Energy” advises local authorities to make sure generation plants are located as close as possible to the source of fuel. Officers have suggested that this should be controlled by condition in order to minimise the transport impacts. The applicant has advised that whilst they will endeavour to source fuel within the specified catchment, as it will minimise costs, they cannot accept a condition to this effect. They have indicated that this would generate significant risk to the project and may preclude the commissioning of the scheme. In support of their case they have pointed out that suppliers within the prescribed area would have a commercial advantage over others which might affect the viability of the project. They have also pointed out that in practice it would be very difficult to monitor the supply chain. These arguments are accepted and therefore it is not proposed to limit the area where fuel can be sourced from. It can be concluded that whilst there are significant benefits of reduced carbon dioxide emissions from the generation of power it is not clear what the carbon implications are of the transportation of fuel to the site. However given that much of the waste would have been transported to landfill sites it is likely that the carbon benefits of the electricity generation will massively outweigh any carbon dis-benefits associated with the transportation of fuel.

The plant will be far more efficient and sustainable by further reducing greenhouse gas emissions if it utilises the heat from the process by operating as a combined heat and power plant (CHP). The provision of combined heat and power is supported by Planning Policy Statement 1 which seeks to support the highest energy efficiency and the RSS policies which seek to reduce greenhouse gas emissions. In addition the Government is to introduce financial incentives for CHP In the summer of 2008 in the form of Renewable Energy Trading Certificates (ROCs).

58 The applicant has stated that they are committed to developing CHP options but cannot give a firm commitment until the economic viability is known. This will be dependant upon local customers’ willingness to receive power, the economics of a CHP scheme and the practicalities of installing the pipe work. E.ON has indicated that the plant will be design to accommodate the heat and power options identified to date.

The preferred option would be a connection to Veolia’s heat network with the potential for the British Land development proposal at Meadowhall to connect into the system. British Land has suggested they would be keen to connect to the system subject to the economic viability.

Because the economic viability of the plant is unknown at this stage the applicant has been unwilling to agree to conditions that would require the heat from the plant to be used in a CHP system. They have however agreed to conditions which will ensure the plant is designed so that it can be easily adapted for CHP. They have also agreed to a condition which will require them to submit a feasibility scheme for utilisation of heat from the plant. The condition that requires the plant to be heat ready allows for certain of the infrastructure investment to take place when an end user is known. The feasibility study condition allows the applicant to be the final arbiter on whether a scheme for utilising the heat is viable. The applicant has argued that if the Council were to determine whether a scheme for utilising the heat had to proceed it would introduce considerable additional risk which might prevent the project proceeding. The condition is worded such that they would not be required to implement the scheme other than on commercial terms that are acceptable to the applicant. Therefore whilst the provision of a biomass power station is clearly a sustainable development it would be significantly more sustainable if it were operated as a combined heat and power plant. However it is not reasonable for the Council to require the provision of heat if there is no outlet for the heat into a viable heating network. The proposed conditions strike a reasonable balance of encouraging the utilisation of the heat whilst not imposing unreasonable restrictions on the applicant.

Air Quality.

The primary releases to air from the plant are nitrogen oxides, sulphur dioxide, particulate matter, carbon monoxide, hydrogen chloride and dioxins and furans. National air quality standards have been established in order to protect health and vegetation.

The maximum predicted ground level concentrations of nitrogen dioxide are expected to the east and north east of the plant within 1 Km. At this location the estimated annual mean background levels are 37 ug/m3 as compared to the national air quality standard of 40 ug/m3. The maximum predicted contribution from the plant is 0.6 ug/m3, which is 1.4% of the annual mean air quality standard. Added to the background concentration this would take the maximum predicted concentration to 94% of the air quality standard.

The maximum predicted short-term contribution for the 1 hour mean is 14.6ug/m3 which equates to 7.3% of the air quality standard value of 200ug/m3. Taking into

59 account the background concentration, the maximum predicted concentration of 51.6 ug/m3 comprises 26% of the air quality standard.

In parts of Tinsley the annual mean concentration of nitrogen dioxide already exceeds the national air quality standard. There are two air quality monitors in the area; in 2007 the Tinsley Infant School monitor showed an annual mean level of 46 ug/m3 and the other monitor showed a level of 41 ug/m3 in 2006, there is no data for 2007. The primary source and reason for high concentrations at both monitoring sites is emissions from vehicles on the nearby M1. Concentrations of pollutants from traffic sources tend to drop off rapidly with distance from the source road. The additional annual mean concentration from the plant in Tinsley is not expected to exceed 0.4 ug/m3, which is less than 1% of a long term air quality objective. The Environment Agency considers process contributions of less than 1% of a long-term objective to be insignificant. However the development will contribute additional nitrogen dioxide in an area where the levels are already too high and it is also likely to make improving the air quality more difficult. Therefore the impact of the proposal on air quality in the area is a dis-benefit of the proposal. In order to mitigate the impact the applicant has agreed to provide funding of £25,000 over a period of 3 years for use in air pollution reduction initiatives in the Darnall Ward. This is to be controlled by a legal agreement.

Taking into account existing background concentrations the predicted contribution from the plant of Sulphur Dioxide, is significantly less than the air quality standards. For particulate matter, carbon monoxide and hydrogen chloride the contribution from the plant is not significant and would not result in concentrations exceeding the air quality standards.

The predicted ground level concentrations of dioxins and furans comprises a small fraction of existing background measurements. Predicted annual mean concentrations comprise between 0.5% and 6% of the maximum and minimum UK background values recorded during 2002 to 2004.

Emissions from the plant will be obliged to meet the limits specified in the waste incineration directive.

Assessment of the impact on the Sites of Special Scientific Interest show that that neither air concentrations nor deposition arising as a result of plant emissions are at levels likely to damage the site’s special interest features or elsewhere.

There is the potential for dust arising during construction to cause nuisance. Concerns from residents about dust are most likely where residential properties lie within 100m of the site. There are no residential properties within 400m of the site or any uses likely to be sensitive to dust. To ensure the impact from dust is minimised the applicants will carry out the following site management measures.

- Sheeting of HGVs carrying loose materials. - Water spraying during hot periods to dampen work areas and roads. - Washing of roads and surfaces. - Wheel washing of vehicles leaving site.

60 The impact of traffic on nitrogen dioxide and small particle emissions has also been assessed. The impact of construction traffic on nitrogen dioxide will be within the range of 0-03ug.m-3. The location of the highest impact being under the M1 viaduct on Alsing Road. The impact of small particles (PM10) due to construction traffic will be within the range of 0-0.025 ug.m-3. The location of the highest impact being under the viaduct on Alsing Road.

During the operational phase the modelling results show the nitrogen dioxide contribution to local air quality from traffic generated by the development is estimated to be in the range of 0-0.85ug/m3. The modelling shows the predicted background concentration at the development site to be between 23-33ug/m3 whilst the annual average air quality standard is 40ug/m3.

The predicted contribution of small particles (PM10) during the operational phase is likely to be within the range 0-0.0205ug/m3. The modelling results show the PM10 concentrations at the development site are in the range of 20.8-22.4ug/m3 which is below the annual average air quality standard of 40ug/m3.

The predicted concentrations of nitrogen dioxide and small particles due to development traffic are minor and unlikely to cause a breach of the annual average air quality objective or render unworkable any action on the Air Quality Action Plan or cause an extension of the existing Sheffield Air Quality Management Area.

In order to mitigate the air quality impacts the applicants are proposing to use best practice to minimise dust emissions during construction. They will also ensure that the vehicles delivering to the site are fitted with catalysts that meet a minimum Euro III standard and by 2011 Euro IV standard.

The application site adjoins the Blackburn Meadows Sewage Treatment Plant which can produce offensive odours. The proposed development is an industrial type use with a low employment density. Given this it is not considered to be a sensitive use and is an appropriate use to be located close to the sewage treatment works.

Flood Risk and Drainage.

The whole of the site lies within flood zone 3 where there is a high probability of flooding, that is 1 in 100 or greater annual probability of flooding. Planning Policy Statement 25 seeks to direct development away from areas of the highest flood risk. It promotes a sequential approach to determining the suitability of land for development in flood risk areas. Power Stations are considered to be Essential Infrastructure and in addition to the sequential test they must also pass the exception test if they are sited in flood zone 3. For the exception test to be passed it must be demonstrated that the development provides wider sustainability benefits to the community that outweigh the flood risk, the development should be on previously developed land and the flood risk assessment must demonstrate that it will be safe without increasing flood risk elsewhere and where possible reducing flood risk overall.

61 There is no knowledge of the site having been flooded prior to the June 2007 floods. In the June 2007 the site was flooded up to a depth of 0.9m in some areas.

A flood risk assessment has been submitted with the application and proposes raising the land on which the power station sits to AOD 31.53 AOD. This is the 1 in 100 flood level plus a 20% allowance for climate change plus a safety margin of 300mm. The development and access road will be above the highest level of the 2007 flood.

Raising of land within the flood plain must be accompanied by compensatory provision of flood storage for up to 1 in 100 year flood. Without compensation flood storage of approximately 12,000 m3 would be lost. In order to provide the compensatory flood storage it is proposed to excavate the southern part of the site. The proposed area of excavation will create a marginal increase in flood storage capacity over existing. The modelling shows that the provision of this compensatory storage would result in no increase in the flows being passed downstream. Therefore the proposal will not increase flood risk elsewhere.

The site is covered by the existing Environment Agency’s flood warning system. Improvements may be necessary to the existing system and these will be agreed with the Environment Agency and included in a flood action plan. In the event of a flood warning the staff will be evacuated from site. Staff will be evacuated at a point when it is still safe to do so and the roads out of the site are passable. An emergency evacuation plan will be developed. The site will be operated remotely for as long as possible.

The adjacent substation through which the power station will connect to the national grid is owned by Yorkshire Electricity on a long lease from E.ON. This needs to be protected from flooding on a similar basis to the power station. The applicant has suggested that this can be controlled by a planning condition which will require improvements to be carried out before the power station is brought into use.

PPS 25 seeks to direct development to lowest flood risk sites. Sites in flood zone 1 should be considered first then flood zone 2 and 3, this is the sequential assessment. The applicants have considered the suitability of lower flood risk sites in Sheffield and Rotherham and have concluded that none are suitable. They considered sites of over 2 hectares (the core development of the scheme is 3.7 hectares), sites allocated for industrial development, sites in flood zones 1 and 2 and sites available within 2 years as E.ON have a short term need to develop the scheme. Each site was then assessed against a series of criteria such as proximity to residential areas and high quality business sites, access constraints, topography, potential to utilise heat and access to connect to the national grid. The applicants conclusion that there are no more suitable sites available in lower risk flood zones is accepted and therefore the sequential test has been passed.

As the proposal passes the sequential test it is necessary to consider whether it passes the exception test. To pass the exception test the development must have wider sustainability benefits that outweigh the flood risk, be on previously developed land and be safe and not increase flood risk elsewhere. The site has

62 been previously developed as a coal fired power station that was demolished in the 1970s. The mitigation proposals referred to above such as increasing site levels, providing compensatory storage and SUDS show that the site can be developed safely and will not increase flooding elsewhere. In terms of the wider sustainability benefits of the proposal it will reduce carbon emissions by displacing more carbon intensive electricity generating capacity (reducing CO2 emissions by 80,000 tonnes annually which is equivalent to taking 20,000 cars off the road) It will contribute towards achieving regional renewable energy targets and help secure regional security of energy supply. It will reclaim a previously developed site and enhance the landscape quality and bio-diversity of the site. It will contribute to the economy in terms of creating a new major business and attracting significant investment, however number of jobs created is low for a site of this size. It will reduce the amount of waste taken to landfill sites. However the proposal is not particularly sustainable in terms of transportation in that it is likely that deliveries will be via road and it is likely that staff will travel to the site by private car. The Bio Mass Power station could be more efficient if the heat is utilised, which the applicants are keen to do. Given these factors it is considered that the proposal has wider sustainability benefits and passes the exception test.

Surface water drainage will discharge to the River Don via appropriate interceptors. Foul drainage will discharge via the public sewage system. The applicants have stated that they will give consideration to the following matters at the detailed design stage. Rainwater harvesting, green roofs to reduce run off, SUDS (see below) and breaking out of concrete surfaces on the undeveloped part of the site to reduce the impermeable area and consequently the run off.

In order to minimise the risk of flooding from surface water flooding a sustainable urban drainage system will be provided. It is expected that the system will be designed to incorporate best practice, it will be designed to create an attractive landscape and enhance the bio diversity of the site. Access will be provided to the SUDS system as part of the visitor facilities. The system will collect clean water and store run off from the developed part of the site discharging water at Greenfield runoff rate to the floodplain. Green roofs, permeable paving and swales will collect run off in the developed part of the site. This will be conveyed by open swales to the landscaped area and stored in basins that will be designed as landscape features. This will consist of a wetland and storage feature along the southern part of the site which will deliver clean water to the River Don by an outflow at Greenfield run off rate.

The Environment Agency is the primary agency responsible for flooding issues. They have raised no objections to the proposal subject to conditions which have been incorporated into the recommendation.

Landscape and Visual Impact.

Due to their height and mass the stack and boiler house will have the most significant visual impact. The stack will be up to 90m high and the boiler house will be approximately 32 long by 25m wide by 46m high. The existing cooling towers are 76m high. Photomontages have been produced to show the likely impact of the development from key locations.

The site is largely flat and is vacant except for the cooling towers and the sub station. The local context consists of the huge Blackburn Meadows sewage treatment plant to the north and west, the Tinsley viaduct to the west and the heavily vegetated river corridor to the south. The site lies in a valley bottom with industrial and commercial development in the valley bottom and lower part of the slopes and residential development on the upper parts of the valley sides.

Due to the height of the chimney in particular the plant will be visible over a wide area. The visual impact is likely to be most significant in the following locations;

- M1 motorway, Tinsley viaduct and the associated Meadowhall junctions, which form a gateway into the City.

- Parts of the river Don and Canal corridor including Blackburn Meadows Nature Reserve all of which are close to the site.

- From some residential properties in the Richmond Park, Hill Top and Kimberworth areas of Rotherham where residents look down onto the site.

- Limited numbers of residential properties in Tinsley and Brinsworth where residents will look across the site.

- Residential areas of Higher Wincobank and also from Concorde Park.

- Canklow residential area.

The proposed chimney will be significantly higher than anything around the site. It will be up to 15m higher than the cooling towers but much slimmer in profile. It will be visible on the skyline over a large area of the city and in Rotherham. The boiler house will be lower than the cooling towers and occupy a smaller footprint however it is likely to take a boxier and less elegant form. The plant will be substantially taller than most of the adjacent development and the low lying nature of the built development in the sewage works site and river corridor it will result in a significant change in scale. It is considered that even with good design that most people will view this change as negative. The areas that will be most significantly affected are those listed above particularly some of the housing areas on the northern valley slopes in Rotherham. The views from the motorway will change significantly but traffic is generally passing through and users will see the development in the context of the other major industrial sites along the M1 corridor at Tinsley Park or in the Blackburn Valley. Many of the views from the river and canal corridor will be screened to some extent by low level vegetation.

Apart from some close up views from the river/canal corridor many of the views of the site from the more sensitive housing and open space areas are middle or longer distant views. The site is separated from residential areas by intervening commercial and industrial development and railway, canal and river infrastructure. It is also seen as part of an industrial valley which contains larger scale industrial, commercial and infrastructure development such as the Tinsley Viaduct and

64 Cooling Towers (although the Cooling Towers may be lost shortly). Due to the nature of the industrial and urban context of the site it cannot be considered to be an area high landscape value. Given this it is considered that this site is suitable in principle for a larger scale industrial development such as this.

The scale of the development means that it is not possible to screen it. Therefore the mitigation strategy comprises of developing a high quality design that will create a landmark development and a symbol of the city’s commitment to renewable energy and improving the environment. How this is to be achieved is set out in the design section of the report. Landscaping will also be used to mitigate the impact from local views. However there will still be a significant visual impact and this should be weighed against the benefits of the scheme.

The northern part of the site will be developed with the plant and will have the site levels raised. There will be some amenity planting, native planting and screening will be provided along the edge of the wetland area. The rest of the site will be set aside for flood mitigation and storage. There will be woodland screening along the southern part of the site. The re-profiled flood plain area will have a diverse profile with habitat creation to reflect the wetland mosaic found in a river flood plain. This is intended to include both temporary and permanent wetland features, shaded and un-shaded situations, open habitat and regenerated river valley woodland. The design will take into account local habitat objectives. A demonstration energy crop area will be provided next to one of the wetland areas. The details of the landscape scheme will be provided at the reserved matters stage.

Ecology.

Following the demolition of the power station in the 70/80s the site has undergone the process of natural colonisation. The eastern third of the site was cleared of vegetation in 2007 whilst the western two thirds support grassland, tall ruderals, scurb and young birch/willow woodland.

An ecological assessment has been submitted with the application and habitat surveys including, bird breeding, bats and amphibian surveys.

The application site is not a designated nature conservation site and the ecology study concludes that habitat and species it supports are not individually of high conservation value and they do not constitute a constraint on the development of the site. However when the value of the site as a whole is considered and its contribution to the River Don Green Corridor it can be considered to contribute positively to the nature conservation of the area.

The main impacts of the development are likely to be the loss of grassland scrub and woodland habitat which is potential habitat for protected species and birds, the loss of foraging territory for bats and breeding habitat for birds. The construction works also have the potential to spread Japanese Knotweed which is already present on site.

In order to minimise the impact the woodland strip along the southern boundary of the site and the occasional maturing trees along the northern boundary are to be

65 retained. The principles of habitat creation will be applied to all the areas of site landscaping. An alternative nesting site will be provided for the Peregrines reported to nest in the cooling towers and habitats will be designed to ensure they are suitable for species of conservation value such as Bullfinches. Perimeter landscaping will be of predominantly native tree, shrub and woodland mix. The scheme will consider the creation of open grassland and dry and wet woodland areas. The design of new features such as the SUDs scheme will take into account ecologically sensitive design principles. Areas of bare ground will be planted with material of greater wildlife value, existing vegetation will be added to in order to increase its value, bird and bat boxes will be provided and a management plan will be developed to maximise the habitat value.

During construction habitats will be monitored, areas to be retained will be protected, and development will be managed to minimise the impact on breeding birds.

The development will have some local negative impacts on the habitat and wildlife value of the site. These are unlikely to significantly affect the River Don Green corridor or other local wildlife sites. However, the mitigation measures, including the site landscaping and SUDs should create a more valuable and diverse habitat that will have a positive impact on the wildlife value of the site.

Access Issues.

Access with be from Alsing Road which is a low trafficked route. The peak levels of traffic generated during construction are expected to be 325 vehicles per da,y the majority of this being construction workers vans and cars. This would reduce to approx 40 lorries in, 40 lorries out and a small number of employee cars during the operation phase of the development. The transport assessment shows that the additional traffic generated by the development can be satisfactorily accommodated on the highway network. However the scheme will add a small amount to local congestion and will reduce the available capacity available at the motorway junctions. In order to mitigate this impact the applicants have agreed to make a contribution towards the Fixed Link which is a proposed new highway between Sheffield Road, Tinsley and Meadowhall Way that will bypass junction 34S. It is intended that the Fixed link is financed by Government transport funding and developer contributions. The Fixed link will provide part of the infra structure for a Bus Rapid Transport route between Rotherham and Sheffield City Centre as well as accommodating private vehicles. The level of contribution to be established by a formula based on the number of vehicle movements through junction 34S. The contribution for this development is £75,000. It is considered that given the relatively low amount of traffic generated by this proposal that it would be unreasonable to insist that the site is accessed from the Fixed Link once it is constructed. However the applicant may well still wish to connect to it in order to provide a better access than Alsing Road.

Due to the potential safety implications of crossing the supertram line in order to access the site, it is necessary to make some improvements to the crossing including providing signals. This is controlled by planning condition.

66 The applicants have been asked to consider the feasibility of transporting fuel to the site by canal or rail. At present the location of the fuel processing plant is not known.

Investigations have revealed that a critical section of the canal approximately 6-7 km from the site was declassified as a freight route. The costs of reopening this section to freight would be prohibitive, in particular the costs of dredging and replacing locks. There is no wharf to serve the site and the cost of double handling in order to transfer the fuel back to road for the final part of the journey would also be uneconomic.

The Sheffield and Rotherham rail freight line runs close to the site and the track bed of a closed section could offer the potential to create a dedicated link to the site. However the off loading facilities could affect the area to be allocated as flood plain, the rail connection would also conflict with the current alignment of the fixed link and there is a question about its potential impact on protected species. The applicants have therefore indicated that they will keep the rail option under review until the precise alignment of the Fixed Link is know and how much land might be available for sidings. They have advised that the rail connection option will only be financially viable if grants are available. The nearest off site rail handling facility is at Masborough in Rotherham and the use of this is not considered to be viable due to double handing of material. It would also offer reduced environmental benefits due to the last leg of the journey being completed by road.

Noise.

The applicant has recorded the night time background noise levels at the nearest residential properties in both Sheffield and Rotherham. The noise from the plant will normally be steady and continuous. There will be intermittent noise from steam venting on plant start up and from fuel handling. As the detailed design of the plant is not known at this stage it is not possible to model the noise characteristic precisely. However the applicant has stated from experience at other similar plants they are confident of limiting the continuous noise to 39dBA at 400m from the plant centre by using noise controls. Comparing the noise levels from the plant with the background noise levels at the nearest residential properties indicates that the plant noise will be between -7 and -15 below the lowest night time background noise levels. The likelyhood of complaints arising is very small. This level of noise would also only result in an overall increase of 0.1 dB in the night time background noise levels which is insignificant. World Health Organisation guidance suggests that measurable impacts on sleep can result with the free- field noise levels around 42 dB LAeq. In this case background noise levels are already above this level and sleep disturbance might be expected due to traffic. However the level of increase expected from the plant is on the limit of discernibility and no further disturbance is anticipated. In order to ensure that there is no noise disturbance at the residential properties the applicants have proposed a noise limit of 45dB LAeq at 200m from the plant for the normal continuous operation of the plant, excluding emergencies. The nearest residential properties are approximately 400m from the site. The contractor will be obliged to design to meet this limit; in addition they will be contractually required to ensure there is no tonal or impulsive element to the noise at residential properties which might otherwise be more noticeable.

It is anticipated that fuel will be delivered throughout the day and evening. There is a significant amount of heavy goods traffic using the road network in the area during the night and it is not expected that evening delivery and unloading will have a significant impact. However the applicant will ensure that the plant will use the best available techniques to minimise this noise

Construction noise can be controlled under the Control of Pollution Act. However the applicant has proposed noise limits that will apply to working at different times of the day, evening and night. The night time limits will be the same as those for the normal operational noise referred to above.

The applicant has indicated that they will have a management system in place to ensure that if noise complaints are received they will be logged, responded to and acted on to avoid reoccurrence. The applicant has also stated that noise surveys will take place during construction, commissioning and operation of the plant to ensure the noise criteria are being met.

Archaeology.

The applicants have carried out a desk based archaeological assessment. This has revealed that the site was open meadow until 1921 when the Council chose it for the site of an electricity generating station. The power station was demolished in the 1970s. There is no direct evidence of significant archaeological remains within the site. Although no evidence exists there is the possibility that there could be buried river channels that extend into the site. These can be important in providing information on river related structures such as bridges and boats. However the flood compensation and SUDS scheme are likely to disturb the ground in areas that could be of interest. Therefore a condition is proposed that will ensure a scheme of archaeological investigation is submitted before any development commences.

Socio Economic Effects.

Once operational it is expected that the plant will require 20 full time staff with a further 20 full time equivalent contract staff providing contract and routine maintenance activities. The peak construction work force is expected to be 200.

Contamination.

Insufficient assessment work has been undertaken to fully assess the contamination issues. Therefore conditions are proposed to secure the further work needed. Given that the proposed use is not a sensitive use it is considered that contamination issues are not likely to prejudice the development proposed.

RESPONSE TO REPRESENTATIONS

In response to the issues raised by Sheffield Wildlife Trust it should be noted that no additional footpath routes are proposed on the banks of the river Don. The

68 Environment Agency will control the quality of water discharges to the river Don if the hybrid cooling tower option is progressed.

SYPTE have suggested that the applicants should provide the land for the Fixed Link for free. The applicant has rejected this option and the land for the Fixed Link will have to be secured by agreement or through compulsory purchase. They have agreed to keep the route free from development and make a contribution towards the construction of the link.

With respect to the comments of the East End Strategy Group the applicant has advised that they are in discussion with the Learning and Skills Team of the City Council with a view to encouraging local people to come forward for construction and permanent employment opportunities. The applicant is not willing to promote unrestricted access to the area to be retained as open space within the site due to safety, security and management issues. Controlled access will be available via the visitor centre. Solid Recovered Fuel is derived from a waste management technique called Mechanical Biological Treatment. E.ON have advised that it is intended that the plant will utilise waste wood but other biomass material may be used if appropriate in the future. This would need to be a minimum of 90% biomass, the use of other materials than waste wood would not impact on the air emission standards to be adopted at the plant and will be subject to control by the Environment Agency.

British Waterways have encouraged the use of the canal for transporting fuel. The applicants feasibility study into the use of the canal for transport has been drawn to their attention and they have not sought to dispute its conclusions.

The developer of a local business park to the south of the canal considers there is insufficient information to judge the impact due to the absence of detailed design and landscaping. They also consider the alignment of the Fixed Link should be reconsidered, the route of which has been reserved across their site. The Environment Statement and Design and Access Statement consider the impact of the development in broad scale and massing terms. It also puts forward a design framework for mitigating the impact at the detailed stage in terms of building design and landscaping. This is considered to be sufficient to assess whether a development of the scale proposed is acceptable in principle. The detailed design can be considered at the reserved matters stage and if this is considered to be of insufficient quality the reserved matters application can be refused. The Fixed Link does not form part of this application but is still required to serve development in the Don Valley. Its precise alignment will be defined at the detailed design stage when any appropriate adjustments can be discussed with the objector at that stage.

SUMMARY AND RECOMMENDATION

The construction of a Biomass plant which will assist in meeting the climate change challenge of reducing carbon emissions whilst assisting in meeting renewable energy targets and diversifying energy supply is strongly supported by national and regional planning policy. The proposal is however contrary to UDP Policy IB8 in that it is not a preferred industrial or business use and also to RSS Policy E3.

69 However it is largely industrial in character and uses such as this should clearly be sited in industrial areas where possible. Given this and the flooding constraints which would limit the amount of site that could be developed for the preferred uses it is considered that the technical non compliance with UDP and RSS Policy should not be a reason for resisting this application. The development is also supported by waste management policy in that it will reducing the amount of waste wood going to landfill, will recover energy from waste and thereby move waste up the waste hierarchy. Whilst there will be short term negative impacts due to the loss of habitat these are of local significance and not considered to be a constraint on developing the site provided mitigation is secured. In this case the ecological and landscaping mitigation that will be brought forward at the detailed stage will increase the long term landscape and habitat value of the site. There are also benefits from reclaiming a previously developed site and from the jobs created during construction and operation of the plant.

The applicants have demonstrated that the power station will not be vulnerable to flooding or worsen flooding elsewhere. It has also passed the sequential and exception tests required by national policy in order to minimise flood risk. The Environmental Statement has demonstrated the proposals will not harm residential amenity due to noise and it can also be accessed safely. The sustainability features that have been incorporated into the scheme are also welcomed. Whilst it is regrettable that a scheme is not in place for utilising the heat from the plant the proposed conditions will require the plant to be constructed to be heat ready and require a feasibility study to be submitted for utilising the heat. There will be a marginal impact on residential amenity and congestion due to the additional heavy goods movements generated by the proposal. There will also be a slight worsening of air quality in part of the City that has some of the worst air quality. However this is not considered to be sufficient to justify resisting the proposal. Whilst a framework is in place to secure a good quality design it is likely that the plant will be viewed by many as having a detrimental impact on the appearance of the locality due to its scale and massing and industrial character. It is concluded that the benefits of the proposal significantly outweigh the dis-benefits and therefore it is recommended that planning consent be granted subject to the proposed conditions and the applicant entering into a S106 agreement to secure the following heads of terms.

Heads of terms.

A contribution of £75,000 to be used for the construction of the Fixed Link.

A contribution of £25,000 to be used for air quality reduction measures in the Darnall Ward.

A scheme of contributions for a community fund which shall be paid into at the rate of £0.127 per Megawatt hour of net electricity produced at the development in the preceding 12 month period subject to a maximum of £25,000 per year.

70 APPENDIX ONE

APPLICANTS SUMMARY OF COMMENTS RECEIVED FROM APPLICANT’S PRE-APPLICATION CONSULTATION.

Scoping Report. The following comments were received by E.ON on the scoping report. South Yorkshire Forest Partnership limited their comments to the supply of fuel feedstocks. The response noted the potential for local supply of biomass fuel.

Planning Application

The Highways Agency confirmed that the traffic impact of the development should be considered on the Strategic Road Network. The response also gave advice on the production of Transport Assessments and Travel Plans.

The Tinsley Forum raised concerns over air quality impacts and the scope to use rail and canal access to the site, instead of road transport.

Attendance at Meetings

The following comments were made at meetings. It was not always possible or appropriate to record the comments made at those meetings. However the comments made, often on a number of occasions, are: Why have E.ON chosen Blackburn Meadows site?

Are E.ON aware the area is within an Air Quality Management Area and that the proposals would have an impact on Air Quality?

Is there a good supply of waste wood in the area or will it affect other biomass renewable energy proposals?

The area is already congested with traffic and cannot take any more development.

The former Cooling Towers should be retained.

The open space should be given over to community use.

The development should be attractive.

Have the opportunities to service the site by rail and/or canal been considered?

The site floods and is not suitable for development.

Will local people be able to get the jobs created?

What are the benefits for local people – can local people be offered electricity at discounted cost?

Can use be made of any heat produced?

Exhibitions and Newsletters.

52 comments were received in response to the Exhibition and Newsletters. 27 of those can be considered to positively support the proposed development. Others raised questions and/or objections. The comments and questions raised can be summarised as follows: A positive use of the site with some general support for the use of renewable energy.

It is a good use of the site as long as there is no pollution.

The Cooling Towers should be retained.

Could the development include wind turbines or an educational facility?

Could heat generated by the plant be used?

Will the jobs be available for local people?

Can the rail and/or canal be used for access?

Will ash (or other waste products) be produced?

Will waste ash (or other materials) cause problems with dust?

Will steam/vapour/smoke/odour/pollution be emitted by the plant?

Will it create noise?

It will smell/create air pollution/traffic.

What are the health impacts of the proposed development?

It should not be built near houses.

Will any fossil fuels be used as part of the development?

Can E.ON provide a bus service between Tinsley and Meadowhall?

Will the site create run-off into the River Don/Canal?

Can the local community benefit from discounted electricity?

What are the details of the community fund?

Can the odour from the sewage works be reduced?

Is there a good supply of a biomass fuel and where will it come from. Will its production impact on the quality of the Countryside.

Case Number 08/01571/FUL

Application Type A Full Planning Application

Proposal Demolition of byre and conversion of barn and lean-to to form offices with associated car parking

Location Manor Oaks Manor Lane Sheffield S2 1UN

Date Received 26/03/2008

Team CITY CENTRE AND EAST

Applicant/Agent Brooke Consulting

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 the roof, windows, timber cladding, cills and lintels and coursed rubble, 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 Details of the extent and specification of brick/stone repair and cleaning and details of the integration of the coursed rubble to the gables shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of works and shall thereafter be carried out in accordance with the approved details.

In order to ensure that the fabric of the building is not damaged.

73 4 Large scale details, including materials and finishes, at a minimum of 1:20 of the items listed below shall be approved in writing by the Local Planning Authority before the commencement of development:

Windows Window reveals Doors Window shutters

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

In order to ensure an appropriate quality of development.

5 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.

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

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

7 The development shall not be used unless the cycle parking accommodation for the office as shown on the approved plans has been provided in accordance with those plans and, thereafter, such cycle parking accommodation shall be retained.

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

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

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

74 Attention is drawn to the following justifications:

LR5 - Development in Open Space 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:

75 Site Location

LOCATION AND PROPOSAL

This application site relates to a collection of farm buildings at Manor Oaks, which falls within the ownership of Green Estates, a social enterprise company whose function is to turn the open spaces of Manor and Castle into useful spaces. The two buildings that form this application front Manor Lane to the west and comprises a byre and a barn; both buildings lie on an east-west alignment – at a 90 degree angle to Manor Lane such that their flank walls front the road; indeed the flank wall of the barn effectively forms part of the boundary of the site, which then continues around the site as a stone wall.

The byre is a single storey red brick structure, the main building of which extends to 29 metres in width and 13 metres in depth. A small single storey addition to the eastern flank extends to 9 metres in length and 3.3 metres in depth. It is in a poor

76 state of repair such that corrugated roof is partially destroyed. The barn is stone built and comprises two elements; the main barn structure extends to almost two storeys in height comprises a corrugated pitch roof. It extends to a length of almost 17 metres and a width of 11 metres. Attached to the barn to the southern elevation, and thus forming part of the barn structure, is a single storey stone lean- to of the same length but only 10 metres in width.

The area immediately adjoining the application site is effectively used as farm storage at present. To the north-west lies the former farmhouse, which has been converted into office use with car parking provided to the front of the building with access from Manor Lane. Immediately to the south-west of the application site, within and adjacent to the former Manor Farm boundary, are a number of redundant and dilapidated farm buildings beyond which lies an area of open space and a public footpath connecting Manor Oaks Road to Manor Lane. To the east lies part of the Manor Estate. The Manor Lodge Ancient Monument is situated approximately 300 metres to the south of the application site.

This application comprises the demolition of the brick built byre and the extension and conversion of the stone barn to provide office space. To create two floors of office accommodation, the application proposes to increase the height of the barn by approximately 1.3 metres; this is achieved by raising the height of the gables with ‘coursed random rubble’ to match the existing and increasing the height of the walled elevations by inserting steel framing faced with Siberian Larch. The existing metal roof will be replaced with a cement fibre slate. This refurbished building will deliver approximately 157 square metres of new office space. The application also proposes the creation of a new car park to the left of the access road to provide 11 spaces, in addition to the existing car park to the right of the access road, which delivers 26 spaces. Additionally, a new pedestrian footpath is proposed from Manor Lane via the access road to the front of the office premises. The car park will be screened from the road by native deciduous tree planting to be located inside the existing boundary wall, which is also to be retained.

RELEVANT PLANNING HISTORY

The most relevant planning history is summarised below:

(a) Conversion of the former farmhouse to the north-east of the application site:

05/04509/FUL: Alterations and use of building as offices Approved: 03.05.2006

This application represented a revision of the application below as the applicant did not have funding to implement the full restoration of the farmhouse and concentrated on the older north-east range.

04/03327/CHU: Demolitions and alterations to building for use as office, including the formation of new door & window openings, the blocking up of existing doorway, repositioning of window, construction of disabled access, car park and landscaping works. Approved: 16.11.2004

77 (b) To the east of the application site:

04/00762/FUL: Erection of two dwellinghouses. Approved: 05.05.2004

03/03897/FUL: Construction of a composting facility to manage green waste. Approved: 06.01.2004

(c) 300 metres to the south of the application site adjacent to the Manor Lodge Scheduled Ancient Monument. The former Manor House (Listed Grade II) and Turret House (Grade II*) are located immediately to the west of this application site and form part of the Scheduled Ancient Monument:

07/03370/FUL: Erection of two-storey building to form visitor reception with undercroft, formation of access road, associated parking and landscaping works. Approved: 17th October 2007

Condition 8 of that approval requires that the existing Green Estate Management Offices on the Manor Lodge Scheduled Ancient Monument (the former Masons House) be demolished within 4 years of the date of that permission i.e. by 17th October 2011. Green Estates therefore require new office space to enable the demolition of the above, which has prompted the submission of this current application.

SUMMARY OF REPRESENTATIONS

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

English Heritage have confirmed that they do not need to be notified of this proposal as it is not considered to affect either the Listed Buildings or the Scheduled Ancient Monument at Manor Lodge.

PLANNING ASSESSMENT

This application seeks the demolition of the brick built byre and the extension and conversion of the stone barn to provide additional office space. 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. Traffic impact. 4. Amenity considerations.

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

78 Principle of development: Policy and Land Use

The application site falls within an area designated for Open Space within the Adopted Unitary Development Plan. Policy LR5 of the UDP lists criteria against which development in Open Space Areas must be assessed. With particular relevance to this site, Policy LR5 determines that development will not be permitted where it would:

(a) Cause damage to nature conservation sites, Scheduled Ancient Monuments or other archaeological sites; (c) It would significantly detract from the green and open character of the Green Network; (d) It would make an open space ineffective as an environmental buffer or; (h) It would result in the loss of open space which is of such quality that it is of City- wide importance; or (i) It would result in overdevelopment or harm the character of an area; or (k) The proposed use would be incompatible with surrounding land-uses.

This application is not considered to be contrary to any of the relevant criteria set out at Policy LR5 for the following reasons: the Scheduled Ancient Monument at Manor Lodge is located more than 300 metres to the south of the application site and is therefore considered to be a sufficient distance such that the proposals will not cause damage to this Monument. This is confirmed by the response from English Heritage as they did not consider it necessary to be consulted on the application.

It is noted that the Council’s Nature Conservation Strategy identifies the site as being part of a Green Corridor. However, on the basis that this application seeks the demolition of the byre and the conversion of an existing barn and proposes no new structures, it is considered that the proposal will not significantly detract from the Green Network and is not, therefore, considered to be contrary to LR5 (c).

Given that the proposal seeks the demolition of the byre and the conversion of the barn, there is no alteration to the footprint of buildings within this area of open space and on this basis, it will not make the open space ineffective as an environmental buffer. It is acknowledged that the application includes the provision of a hard-surfaced 11-space car park to the front of the offices and a footpath from Manor Lane. However, this part of the site was formerly a farm yard rather than a green open space and was not publicly accessible. Moreover, the application is not considered to comprise open space of such a quality that it is of City-wide importance and on this basis, the application is not contrary to Policy LR5 (d) and (h). Finally, it is considered that the proposed development will enhance rather than harm the character of the area and the introduction of office accommodation in this location is not incompatible with surrounding land uses. The application therefore complies with the principles of Policy LR5.

It is also relevant to note that the principle of an office development in this location has been considered in the context of Planning Policy Guidance Note 6: Town Centres on the basis that offices are a town centre use. PPS6 supersedes the Unitary Development Plan and reiterates the Government’s objectives to promote

79 the vitality and viability of existing town centres, by planning for their growth and focusing development in such centres. With regard to office development, it advises that it should be at a suitable scale to the location. In accordance with PPS6, this is not a location that would normally be deemed suitable for office use being outside a retail centre; however, it is considered that given the small scale nature of the development (approximately 160 square metres) and the fact that the proposed development will provide the replacement of an existing office; the proposal is considered acceptable in this instance.

Finally, it is relevant to note that the site lies within the area covered by the Wybourn, Manor Park and Arbourthorne Neighbourhood Development Framework, which has been approved by Cabinet and is a material consideration for development control purposes. The proposal is considered to accord with the objectives of the masterplan, which includes achieving frontage onto Manor Lane and improving the interface with the residential estate. The principle of development is therefore considered acceptable in accordance with relevant planning policy and other material considerations.

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. This application will result in the demolition of a byre, which is in a very poor state of repair, and the conversion and extension of the stone barn. The latter will provide two floors of office accommodation, achieved by increasing the ridge height by approximately 1.3 metres and infilling the gables with ‘coursed random rubble’ to match the existing. The height of the walled elevations will be increased by inserting steel framing, which is then faced with Siberian Larch.

The principle of increasing the height of the building whilst retaining its form, in terms of roof shape, is considered acceptable, given that it will only increase the overall height by just over a metre. The concept of facing the elevations with a natural timber cladding is also considered acceptable as it is a natural material and will weather appropriately within the context of the stone façade. The only area of concern relates to the fenestration treatment, which fails at present to respect the character of the original barn. This is the subject of on on-going discussion with the applicant and Members will be updated on this issue directly at Planning Board.

Finally, it is relevant to note that the application proposes the construction of a car park to the front of the office to comprise 11 spaces. The car park will be set back from the existing stone wall boundary, which is to be retained and enhanced with a stone pre-cast coping, and will then be screened by a landscaped buffer comprising native trees and shrubs. The car park surface will comprise crushed brick topping on a rolled stone base.

In summary, it is considered that the proposed development will use good quality materials and complements the scale, form and architectural character of surrounding buildings in accordance with Policy BE5. The proposed car park is

80 also considered acceptable on the basis that the existing front stone wall and landscaped buffer will provide natural screening and an appropriate setting for the converted barn.

Archaeology

Policy BE22 of the UDP advises that development will not normally be allowed which would damage or destroy archaeological sites and their settings. The applicant has submitted an Archaeological Buildings Appraisal (prepared by ARCUS) which seeks to assess the significance of the structures.

The barn is described as a large rectangular sandstone barn that is divided into two main areas, both with concrete floors. Most of the original roof has previously been destroyed by fire. The building is considered to date from the late nineteenth century. The byre is also constructed in sandstone with a concrete floor. There is some evidence of partitioning in blockwork, indicating use as a stable at some time. The north, east and west walls of the byre are from a building dating form the second half of the nineteenth century although the later brick walls and roof appears to date to the early twentieth century.

The report notes that both buildings have been damaged by fire and theft etc and have limited architectural or archaeological significance. As such, there is no objection to the principle of demolishing the byre; similarly, although not identified as a building of architectural or archaeological significance, the retention of the barn is welcomed and supported as it is reflective of the original character of the area and will enhance the street scene by its retention.

With regard to sub-surface archaeology, the Buildings Appraisal Report clarifies that if the new service runs or foundations are to be excavated, an intermittent archaeological brief should be considered, which will be secured by planning condition. On this basis, it is considered that the application complies with Policy BE22.

Traffic impact

This application proposes 11 car parking spaces (including 2 disabled spaces) to serve the 162 square metres of office space, which equates to a provision of 1 space per 14 square metres. This represents an over-provision in relation to current UDP parking standards of 1 space per 35 square metres. However, this office represents a relocation from the applicant’s existing office provision, which has a similar parking capacity and there are no highway objections to the car park as proposed. The development will utilise the existing site access from Manor Lane, which already serves the 26 space car park to the former farmhouse. Accordingly, the proposed development is not considered to give rise to any highway concerns and is therefore considered acceptable on this basis.

Amenity considerations

The application site lies opposite residential properties on Manor Lane, the nearest of which is more than 70 metres from the office building. It is considered that an

81 office building in this location will not result in any detriment to the amenity of existing residents and is therefore considered acceptable.

SUMMARY AND RECOMMENDATION

This application will enable the applicant to demolish the existing Green Estate Management Offices on the Manor Lodge Scheduled Ancient Monument (the former Masons House) as required by Condition 8 of planning permission 07/03370/FUL and will also secure the refurbishment of a stone barn that contributes to the character of Manor Lane. It will provide a sense of activity to Manor Lane whilst also ensuring that the existing stone wall and landscaping further enhance the appearance of the streetscene. It is considered that the proposal is not contrary to the open space polices set out in the Unitary Development and the development will assist in the regeneration of this site and enhancement of the environment, including the open space of which it forms a part. It is therefore recommended for approval subject to conditions.

Case Number 08/02217/FUL

Application Type A Full Planning Application

Proposal Use of part of pavement as external seating area (In accordance with plans received 20/05/2008)

Location Charter Row And 18 - 24 Fitzwilliam Gate Sheffield S1 4JH

Date Received 21/04/2008

Team CITY CENTRE AND EAST

Applicant/Agent Ian Nicholson

Recommendation Grant Conditionally

Subject to:

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

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

2 Notwithstanding the submitted plans the seating area shall not be used unless an additional barrier, details of which shall be submitted to an approved in writing by the Local Planning Authority, has been provided on the south eastern corner of the seating area. Thereafter the barriers shall remain in place at all times the outside seating area is in use unless otherwise agreed in writing by the Local Planning Authority.

In the interest of pedestrian safety.

3 The outside seating area shall only be used between the hours of 0800 and 2000 hours on any day unless otherwise agreed in writing with the Local Planning Authority.

In the interests of the amenities of the locality.

83 Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Core S10 - Conditions on Development in Shopping Areas

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

Attention is drawn to the following directives:

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

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

84 Site Location

LOCATION AND PROPOSAL

This application seeks permission to extend the existing outside seating area of Café Nova located on the corner of Fitzwilliam Gate and Charter Row. The café’s primary elevation faces Fitzwilliam Gate where the café forms part of a retail frontage comprising of Games Workshop and Middleton’s, leading onto The Moor shopping area.

The site is in the Central Shopping Area as defined in the adopted Sheffield Unitary Development Plan.

The existing café has a small outside seating area, permitted as part of the face lift improvements to Atkinson’s department store, the application seeks to extend the seating area along the length Fitzwilliam Gate elevation.

85 RELEVANT PLANNING HISTORY

07/00274/FUL - Alterations including recladding of building and part use as a cafe (Use Class A3) (in accordance with amended plans received 19.3.2007) – Granted Conditionally.

SUMMARY OF REPRESENTATIONS

There have been no representations regarding this application.

PLANNING ASSESSMENT

Policy Issues

Policy S3 ‘Development in the Central Shopping Area’ sets out preferred, acceptable and unacceptable uses within the policy area. Café (A3) uses are a preferred use.

Policy S10 ‘Conditions on Development in Shopping Areas’ seeks to ensure that development does not harm the amenity of residents, is well designed and does not endanger highway or pedestrian safety.

Design and Amenity Issues

The proposed extension of the seating area will add activity and animate the existing street scene along Fitzwilliam Gate. The street is largely characterised by retail frontages and bus traffic with a number of bus stops in the immediate locality.

The café will not create unacceptable clutter in the street scene and the extent of the seating areas will be defined by Sheffield standard barriers seen elsewhere in the city centre, which will bear the café’s name. In order to ensure suitable demarcation of the seating area for the visually impaired an additional barrier is required adjacent to No. 16 Fitzwilliam Gate. This will be secured by condition.

The applicant has indicated the seating area will be used between 0800 and 1730 hours Monday to Saturday with no opening on a Sunday. Given these hours of operation and the lack of any form of residential accommodation in the immediate vicinity of the site, the outside seating area is not considered to give rise to any amenity issues.

Highways issues.

The proposed seating area is approximately 2 metres wide extending the full length of the Fitzwilliam Gate frontage. The seating area widens to approximately 5 metres as the building splays onto Charter Row. There is adequate footway width, some 7 metres, to accommodate the seating area without endangering pedestrian or highway safety.

86 SUMMARY AND RECOMMENDATION

The application seeks to extend an existing outside seating area for Café Nova, located on the corner of Charter Row and Fitzwilliam Gate. The existing café use is established and the extension of the outside seating area is considered to contribute to the vitality of the Shopping Area. The footway is over 7 metres wide leaving a clear route for pedestrians of over 5 metres with the café areas, the development is therefore not considered to endanger pedestrian safety.

For the above reason it is recommended that planning permission is granted conditionally.

Case Number 08/02260/OUT

Application Type Outline Planning Application

Proposal Erection of dwellinghouse

Location Land Adjacent 14 And 16 Cavendish Road Sheffield

Date Received 23/04/2008

Team SOUTH

Applicant/Agent Hooley Tratt Partnership Ltd

Recommendation Grant Conditionally

Subject to:

1 The development shall not be commenced unless and until full particulars and plans thereof shall have been submitted to the Local Planning Authority and planning approval in respect thereof including details of (a) Appearance, (b) Landscaping, (c) Layout and (d) Scale (matters reserved by this permission) shall have been obtained from the Local Planning Authority.

2 Application for approval in respect of any matter reserved by this permission must be made not later than the expiration of three years from the date of this decision.

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

88 4 The details required by Condition 01 (one) shall include a turning area of a size to accommodate a fire appliance. This shall be constructed in accordance with the approved details and be available for use prior to occupation of the dwellinghouse, and thereafter made permanently available.

To secure ease of access and egress in the interests of the amenities of future occupants.

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

In the interests of the amenities of the locality.

6 Before any work on site is commenced, measures to protect the existing 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.

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

To ensure satisfactory drainage arrangements.

8 Before any work commences on site, full details of the access to the site shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the width of the access and any gatepost features proposed.

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

89 Attention is drawn to the following justifications:

BE5 - Building Design and Siting BE16 - Development in Conservation Areas H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas

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

Attention is drawn to the following directives:

1. The applicant is advised that the carrying out of any works to the existing trees, hedges or shrubs within the site, which are works authorised by this permission will constitute the commencement of work on the development. The unauthorised removal of any tree, hedge or shrub or any other works which threaten their future vigour and quality, may result in breach of condition action. It could also mean that the development is materially different from that which has permission and may be liable to enforcement action and the submission of a new planning application may be required.

90 Site Location

LOCATION AND PROPOSAL

The site is an area of garden used by the occupiers of No. 8 Cavendish Road. The land is effectively divided into two parts; an area used as a vegetable garden is surrounded on three sides by a group of mature trees. Access is gained by a private drive approximately 90metres in length, which currently serves four flats.

The site is designated within the adopted Unitary Development Plan as being within a Housing Area. The main body of the site adjoins Nether Edge Conservation Area, but is not actually included within the designation. The main dwelling at No. 8 does lie within the Conservation Area, and is covered by the Article 4 Designation.

91 The application seeks consent in outline form for a single dwelling; having a footprint measuring approximately 10 m x 15m and two storeys to a maximum ridge height of 9metre. With the exception of access all issues are reserved for consideration at a later stage.

RELEVANT PLANNING HISTORY

Outline permission for residential development at the same plot has been granted on two previous occasions, in 1998 and 2004 (reference numbers 98/01464/OUT and 03/03927/OUT)

SUMMARY OF REPRESENTATIONS

Following direct consultation one written representation has been received. The comments are summarised as follows:

- Further infill in addition to apartments erected at the adjoining land. Other in-fill development at a nearby site and further prospective development, this puts pressure on infrastructure and reduced amenity. - Trees within the site, potential for damage / disturbance. - Impact on woodland raised previously in objection to nearby development. - Noise and disruption during building works (This is not a planning matter)

PLANNING ASSESSMENT

Policy Issues

The site is predominantly located within a Housing Area as defined in the UDP. It is also adjacent to the Nether Edge Conservation Area. The following UDP policies are most relevant in assessing the proposal:

BE5 ‘Building Siting and Design’ BE16 ‘Development in Conservation Areas’ (also covers development affecting the setting of a Conservation Area). GE15 ‘Trees and Woodland’ H10 ‘Development in Housing Areas’ H14 ‘Conditions on Development in Housing Areas’

Housing is the preferred use within the Housing Area, and therefore the proposal is acceptable in principle.

Design Issues

Policy BE5(a), requires new buildings to complement the scale, form and style of surrounding buildings. Policy BE16 requires developments to preserve or enhance the setting of a Conservation Area. Policy H14(a) requires new buildings to be well designed and in scale and character with neighbouring buildings. Policy H14(c) seeks to avoid development which would cause a serious loss of garden space which would harm the character of the area.

The area is predominantly characterised by large dwellings in substantial plots of land. The proposed site is comparable to many of the surrounding sites.

The outline nature of the application means that no precise details of the proposed design are given at this stage. However, it is considered that the indicative layout and height information would enable a dwelling to be proposed at the site which was in scale and character with neighbouring buildings. The dwelling would not be seen from public viewpoints within the Conservation Area, and it would therefore be considered to be feasible to propose a dwelling which did not have a damaging impact upon the character of the Conservation Area. As such it is considered that the proposal would be in keeping with the character of the area and would satisfy Policies BE5, BE16 and H14(a and c).

Residential Amenity Issues

Policy H14(c) requires development to not have a detrimental impact upon amenities of residential neighbours.

The nearest dwellings to the proposed dwelling position are the recently constructed apartments to the west, and the flats to the east. The apartments to the west were not in existence at the time at which the previous application was assessed.

The apartments to the west are separated from the indicated siting by a minimum distance of 27m. The flats to the east are a minimum distance of 11metres from the indicated position. Each of these separation distances would be considered to result in an acceptable impact upon the amenities of the neighbouring occupiers.

It is considered that main aspect windows could be located so to avoid being in positions which resulted in harmful overlooking.

Some extra traffic would be generated by the additional dwelling, however, this would not be considered to be significant or harmful.

Overall, the proposal would be considered to be capable of satisfying the requirements of policy H14(c).

Tree Issues

Policy GE15 requires developers to retain mature trees. It is considered that the indicated dwelling would not compromise existing significant trees. Therefore, the proposal would comply with Policy GE15.

Highway Issues

Policy H14(d) requires developments to be acceptable in highway safety terms. The existing drive which would serve the site also serves the four flats to the east of the proposed dwelling. The length of the drive means it is necessary to secure some changes and improvements if permission is to be granted. A turning area

93 capable of accommodating a fire appliance is required to be provided. Such details would be needed as part of any detailed submission. It is not expected that this would result in the loss of any trees. The proposal therefore satisfies policy H14(d).

RESPONSE TO REPRESENTATIONS

Perceptions regarding the combined impact of other ‘in-fill’ developments are noted, however, a single additional dwelling would not be considered to be material in this regard. Furthermore, the application is required to be assessed upon its individual merits.

Noise and disruption during construction does not constitute a material planning consideration.

SUMMARY AND RECOMMENDATION

The application seeks outline consent for a single dwellinghouse, with only access as an issue for assessment at this stage. The construction of the apartment block to the west represents a material change in circumstances since the previous outline approval at the site.

It is considered that a dwelling could be accommodated at the indicated position, whilst avoiding a detrimental impact upon the amenities of neighbouring occupiers via overlooking or overbearing affects. The proposed dwelling would be considered to be in keeping with the character of the area, and the setting of the Conservation Area. It is considered that the trees on site would not be compromised by a dwelling and suitably designed turning space.

As such the proposal is considered to satisfy UDP Policies BE5, BE16, GE15, H10 and H14. The proposal is considered to be acceptable and approval is recommended.

Case Number 08/02362/HOARD

Application Type Advertisement Hoarding Application

Proposal Erection of free standing, double sided, illuminated hoarding

Location High Street Service Station High Street Beighton Sheffield S20 1EE

Date Received 01/05/2008

Team CITY CENTRE AND EAST

Applicant/Agent Primesight

Recommendation Refuse with Enforcement Action

Subject to:

1 The Local Planning Authority consider that the advertisement display unit, by virtue of its size, high level siting, internal illumination, and long range of visibility on approach from the north, represents an excessively prominent feature within the streetscene that is out of scale and character with adjacent domestic scale buildings, and in combination with existing signage on the site represents an excessive display of advertisements. As such, the proposal is contrary to Policy BE13 of Sheffield adopted Unitary Development Plan for Sheffield and the guidance contained in Planning Policy Guidance Note 19: Outdoor Advertisement Control.

Attention is drawn to the following directives:

1. The Assistant Chief Executive Legal and Governance has been authorised to take all necessary steps, including enforcement action and the institution of legal proceedings, if necessary, to secure the cessation of the unauthorised use of the land for the display of advertising, the removal of the advertisement display unit and the removal from the land of all materials and equipment associated with the unauthorised display unit. The Local Planning Authority will be writing separately on this matter.

95 Site Location

LOCATION AND PROPOSAL

The application site is located on the western side of High Street, Beighton and consists of a commercial garage site, which includes a petrol filling station and vehicle repair/service garage. The area surrounding the site contains a mix of residential and commercial activity with buildings that are predominantly domestic in scale. A substantial internally illuminated totem sign for the petrol station and its shop exists on the High Street frontage, along with canopy signage.

The proposal seeks Advertisement Consent for the display of an internally illuminated, pole mounted, double-sided display unit, on the High Street frontage of the site. The area of display measures approximately 1.31m (wide) x 1.905m (high), with the overall height above ground level being approximately 4.2m. The display unit contains 3 x 58 Watt Fluorescent Tubes.

The proposed display unit has already been erected on site and the application is therefore retrospective.

RELEVANT PLANNING HISTORY

This freestanding advertisement display unit has been located at this site for a number of years. Indeed, it was subject to a previous retrospective planning application in 2004 (planning application 04/00089/HOARD). This application was refused by Area Board on 26th March 2004 with the instruction of enforcement action to secure removal of the display unit. However, it would appear that this enforcement action was never completed due to an administrative error.

The applicant has re-submitted this application in their attempt to regularise the status of their entire portfolio, throughout the whole of the U.K., following changes to The Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

SUMMARY OF REPRESENTATIONS

No representations have been received.

PLANNING ASSESSMENT

Policy Issues

Circular 03/2007: Town and Country Planning (Control of Advertisements) (England ) Regulations 2007 states that Local Planning Authorities are required to exercise their powers under the Regulations with regard to amenity and public safety, taking into account relevant development plan policies in so far as they relate to amenity and public safety, and any other relevant factors.

The content of Government guidance contained in PPG19 (Outdoor Advertisement Control) is also relevant to this assessment. This also advises that advertisement applications must be assessed in terms of amenity and public safety.

Sheffield’s adopted Unitary Development Plan (UDP) identifies the site as being within a Housing Area.

Policy BE13 of the UDP relates to advertisements and states that large poster advertisements (defined as more than 1.5m x 1.0m) will be permitted only if they would not harm the character or appearance of an area, relate in scale and design to their surroundings, and not be within a Housing Area.

Visual Amenity Issues

The display unit is a high level double-sided illuminated panel, which is highly visible when travelling in both directions along High Street, both during the day and night time. On approach from the south, it is read partly in conjunction with the commercial activity of the petrol station that is dominated on the boundary by its

97 totem sign. However, on approach from the north the display unit is read against the backdrop of the adjacent two-storey, stone built residential property, and others beyond.

Whilst on the edge of the commercial garage site, it is considered that this display unit presents a very poor relationship with the adjacent dwelling (No.49 High Street), and is wholly out of character and scale with that property. Existing signage in the area relating to other commercial activity is relatively low key, and in conjunction with the service station signage it is considered to be an excessive display of advertising that detracts from the appearance of the streetscene. It is therefore considered that the proposal is unacceptable in visual amenity terms.

Public Safety Issues

The application does not give rise to any significant public safety concerns.

ENFORCEMENT

As the display unit has already been erected on site, Members are requested that the Assistant Chief Executive of Legal and Governance be authorised to take all necessary steps including enforcement action, and if necessary the institution of legal proceedings, to secure the cessation of the unauthorised use of the land for the display of advertising, the removal of the advertisement display unit and the removal from the land of all materials and equipment associated with the unauthorised display unit.

SUMMARY AND RECOMMENDATION

It is considered that there have been no significant changes in policy or site circumstance since the unit was refused in March 2004 to warrant a change in planning opinion about the suitability of this advertisement display. The proposed display unit is still considered to be out of scale and character with neighbouring buildings to the south, which are predominantly domestic in scale and use. The sign is illuminated and positioned at a high level, thus providing it with long range visibility and prominence on approach, especially from the north. It is considered that the sign detracts from the appearance of its immediate surroundings, and in conjunction with existing service station signage creates an excessive display of advertisements at this location.

In light of the above, it is recommended that Advertisement Consent is refused, and given that the application is retrospective, that Members authorise the Assistant Chief Executive of Legal and Governance to take all necessary steps including enforcement action and the institution of legal proceedings to secure the removal of the display unit from this site.

Case Number 08/02716/FUL

Application Type A Full Planning Application

Proposal Erection of 7 dwellinghouses

Location Site Of Former 141 Denmark Road Sheffield S2 3NH

Date Received 23/05/2008

Team SOUTH

Applicant/Agent DLP Planning Ltd

Recommendation GRA GC subject to Legal Agreement

Subject to:

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

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

2 The UPVC windows referred to in the submitted Design and Access Statement are not approved. 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 The timber boundary fencing referred to in the submitted Design and Access Statement is not approved. Before work on site is commenced, details of a suitable means of boundary treatment shall be submitted to and approved in writing by the Local Planning Authority and the dwellings shall not be used unless such means of boundary treatment has been provided in accordance with the approved details and thereafter such means of site enclosure shall be retained.

In the interests of the amenities of the locality.

99 4 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.

5 The dwellings shall not be used unless the car parking spaces have been provided and surfaced in accordance with details to have first been submitted to and approved in writing by the Local Planning Authority. Such surfacing shall contrast with the surfacing to be provided to the remainder of the frontage of each dwelling.

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

6 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, as amended, (or any order revoking or re-enacting that order), the canopies to the front elevations of the dwellings shall not be built up or filled in at any time.

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

7 Before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the predicted carbon emissions from the development will result in a 10% improvement on the Building Regulations Target Emission Rate. The report shall demonstrate how this will be achieved using any combination of on-site renewable energy equipment, decentralised or low carbon energy sources or energy efficiency measures.

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

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

To ensure satisfactory drainage arrangements.

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

To ensure satisfactory drainage arrangements.

100 10 Surface water discharge from the completed development site shall be reduced by 20% of the rate of discharge from the previous use of the site. 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.

11 The dwellings shall not be used unless details have been submitted to and approved in writing by the Local Planning Authority, showing how surface water will be prevented from spilling onto the public highway. Once agreed, the measures shall be put into place prior to the use of the dwellings commencing, and shall thereafter be retained.

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

12 Before the development is commenced a Phase 1 and 2 Risk Assessment, to characterise the contamination on site and propose a remediation scheme to ensure safe redevelopment, shall have been submitted to and approved in writing by the Local Planning Authority. Should any previously unsuspected contamination be encountered during the development, the Local Planning Authority shall be notified within one working day of its discovery, together with any proposed amendments to the proposed remediation scheme. The development shall then be carried out in accordance with the approved scheme and the applicant shall provide written verification that the remediation has been completed as approved, within 21 days of the approved scheme being completed.

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

Attention is drawn to the following justifications:

H7 - Mobility Housing H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas H15 - Design of New Housing Developments H16 - Open Space in New Housing Developments BE5 - Building Design and Siting

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

101 Attention is drawn to the following directives:

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

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

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

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

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

102 Site Location

INTRODUCTION

Planning permission for 6 dwellinghouses on this site was granted in April 2008 (ref.08/00629/FUL).

LOCATION AND PROPOSAL

The site is located at the junction of Denmark Road with Penns Road. It was formerly occupied by the Newfield Inn public house which was demolished during the course of the original application for flats. The traditional two-storey building pre-dated the surrounding c.1960s/70s flats and houses.

The site covers approximately 600m2 and rises approximately 2.75m from the Denmark Road frontage. The former public house was located at the road junction

103 and had a large enclosed and hard surfaced beer garden to the side retained by an approx 2m high natural stone wall. The side boundary adjoins steps within the public highway giving access to Derby Place (used as a car park) beyond which are 3 storey flats in Derby Street. A further block of 3 storey flats adjoins the steps in Denmark Road. 2 storey semi-detached dwellings lie immediately opposite the site in Denmark Road and there are single and 2 storey semis opposite in Penns Road. 3 mature trees lie between the site and the car park in Derby Place.

The application is for 7 x 2 storey townhouses.

RELEVANT PLANNING HISTORY

The 6 dwellinghouses granted previously (ref.08/00629/FUL) are 3 storey townhouses.

Prior to that approval, two applications for a 3-storey block of 10 apartments with undercroft car parking on this site have previously been refused in April 2007 and January 2008, respectively (refs. 07/00193/FUL and 07/03764/FUL).

SUMMARY OF REPRESENTATIONS

One letter in support of the proposal has been received (from a resident directly opposite the site). The letter states no objections and the resident is pleased to see a reduction in height of the dwellings and removal of the balconies.

PLANNING ASSESSMENT

Policy

The site lies within a Housing Area as defined in the adopted Unitary Development Plan. Unitary Development Plan Policies most relevant to the consideration of this application are:

H7 (Mobility Housing) H10 (Development in Housing Areas) H14 (Conditions on Development in Housing Areas) H15 (Design of New Housing Developments) H16 (Open Space in New Housing Developments) BE5 (Building Design and Siting)

National planning guidance in PPS3: Housing is also relevant.

Principle, Density and Mix

The proposals represent a ‘preferred’ use (Housing – Class C3) in accordance with Unitary Development Plan Policy H10. The previous use (Class A4) was an ‘acceptable’ use in terms of H10 but has been abandoned by virtue of the demolition of the building.

104 PPS3 requires local authorities to develop housing density policies having regard to policies included in the Regional Spatial Strategy (RSS). The Unitary Development Plan does not specify housing densities and no weight can be attached to densities specified in the emerging Local Development Framework (LDF) at the present time.

The proposals represent a density of approximately 116 units per hectare and so represent a very efficient use of a brownfield site, well in excess of the minimum 30 units/ha specified in PPS3. Greater densities can be expected at sites that are within or near District Shopping Centres (DSCs) and/or are well served by public transport. The application site fits none of these criteria. However, the density remains less than previous proposals of approximately 166 units/ha and is not significantly greater than the approved scheme of approximately 100 units per hectare. The density is not out of character in the area where there is a mix of flats and small dwellings with small garden areas. The density is therefore considered acceptable in principle, subject to meeting the criteria of the relevant Unitary Development Plan policies.

The proposed dwellings are almost identical, all having 2 bedrooms with accommodation laid out over 2 floors. Given the constraints of the dimensions of the site, there is little opportunity to create a mix of dwellings. However, the wider area provides a range of housing to which this scheme will contribute, and the proposals will not result in a concentration of a single house type in the area. The type of housing is therefore considered acceptable in terms of national planning guidance.

Sustainability

The development does not include proposals for renewable energy or proposals for reducing surface water discharge. As in the previous scheme, sun tubes provide natural light to windowless bathrooms. Energy efficient/renewable energy measures and reduced surface water flow were previously conditioned. This approach is repeated and was previously justified having regard to recent government guidance in the companion document to PPS1: Planning and Climate Change which seeks to reduce carbon emissions in new development.

Design

The surrounding dwellinghouses are constructed in reconstituted stone with concrete tiles and the adjoining flats are brick with very low pitched roofs. The building is of contemporary appearance, with large window openings to front and rear elevations and a shallow mono-pitch roof. The dwellings are proposed to be constructed in brick with render detailing below eaves level on the rear and side elevations. The submitted Design Statement indicates that the roof will be tiled. However, due to the shallow pitch, it is likely that a profiled metal roof will be preferred by the developer. Either treatment would be suitable in this location where there is a mixture of roof treatments. Details can be conditioned.

The windows are proposed in UPVc. Such treatment has the potential to be ungainly given the very large openings, particularly on the elevation facing Derby

105 Place. Powder coated aluminium is preferred. The final treatment can be conditioned.

The relationship of the building to the primary road frontages in Denmark Road and Penns Road remains as previously approved. The additional unit is accommodated by a reduction in width of the individual units. The reduction from 3 storeys to 2 storeys is important in maintaining a satisfactory appearance of the proportions of the dwellings resulting from the combination of width and height.

Overall, the dwellings are well designed and will complement the housing stock in the immediate area. The reduction in height is welcomed and represents an improvement on the previous scheme.

In view of the above, the proposals comply with Unitary Development Plan Policies H14, H15 and BE5 and national planning guidance in PPS3.

Mobility Housing

25% of units should be designed to mobility housing standards as set out in the Supplementary Planning Guidance: Mobility Housing. This equates to 1-2 units. Access is constrained by the restricted dimensions and difference in levels across the site. Nevertheless, the dwellings all have level access at ground floor level and all rooms provide suitable access. The rear garden areas are relatively restricted for people with disabilities due to the unavoidable difference in ground levels.

On balance, the development provides satisfactory mobility housing given the difficulties due to ground levels and the proposals comply with Policy H7.

Residential Amenity

The dwellings provide satisfactory living conditions. Main habitable rooms are south facing. The private garden spaces are north facing and vary between 22.5m2 and 34.5m2. They are therefore generally smaller than the normally expected 50m2 minimum and, due to the orientation, will be overshadowed for much of the day. This is unfortunate but the site cannot be satisfactorily developed in an alternative layout due to the need to provide level off-street car parking provision and this only being feasible from Denmark Road (south-facing). The increase in the number of units does not ease the situation, resulting in 4 of the 7 units having less than 25m2 private garden areas. The loss of the balconies that were included in the previously approved scheme prevents the additional amenity of the opportunity to sit in the sun when the weather permits.

The loss of external amenity, in this instance, is compensated for by the reduction in the number of bedrooms which, in turn, is likely to result in decreased occupancy and less need for garden space. The support for the application by a resident who is directly affected, together with the improvements in terms of the height reduction is, on balance, considered sufficient to outweigh the concerns about external amenity space.

106 The separation to existing dwellings remains as previously approved. The living room windows previously approved at first floor level on the front elevation have been replaced by bedroom windows and there will be no balconies. Whilst adequate privacy was previously considered to be maintained, the current proposals represent an improved relationship.

On balance, the proposals provide/maintain acceptable residential amenity for proposed and existing residents and the proposals therefore comply with Policies H14 and H15.

Open Space

A commuted sum of £8255.45 is required for off-site open space provision in accordance with Policy H16. The applicant has confirmed that a legal undertaking to secure this requirement will be provided in advance of the Board meeting.

Highways

One car parking space per dwelling is indicated. The site lies within an area of low car ownership and this level of provision is considered adequate to serve the proposed development in accordance with Policy H14.

Landscape

One mature tree within the site will be removed. 3 mature trees adjoining the rear of the site are shown to be retained. As in the previous scheme, the trees may be subject to subsequent pressure for removal due to their proximity to the rear elevations of the dwellings. A tree survey submitted with a previous application showed the trees to be of low quality. However, they do have some visual amenity and the survey indicates a life expectancy of 40+ years.

Environmental Health

The site lies within 250m of a landfill site and may be affected by landfill gas although the risk is anticipated to be low. The Environment Agency has previously raised no objections. A previously submitted ground conditions report indicates that there is also potential for other forms of contamination. Further investigations should be conditioned if planning permission is granted.

SUMMARY AND RECOMMENDATION

The principle of redevelopment of the site for housing purposes has previously been accepted and the density of development is broadly in keeping in the area. The proposed development is well designed and is considered to be an improvement on the previously approved scheme for 6 x 3 storey townhouses. Adequate residential amenity is provided/maintained and there is adequate provision for parking.

On balance, the proposals comply with the relevant Unitary Development Plan policies. It is recommended that planning permission is granted subject to the

107 completion of a unilateral obligation to secure provision for recreation space in accordance with Policy H16.

HEADS OF TERMS FOR PLANNING OBLIGATION

The owner shall, on or before the commencement of development, pay to the Council, the sum of £8,255.45 to be used towards the provision or enhancement of Open Space within the vicinity of the site.

In the event of a satisfactory S106 Planning Obligation, covering the Heads of Terms set out in the preceding paragraph, not being concluded by the 18th July 2008 (in order to meet Government target time for the determination of the application), it is recommended that the application be refused for failure to make provision in this regard.

108