Planning Applications.Pdf

SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate

REPORT TO CITY CENTRE SOUTH AND EAST PLANNING DATE 04/01/2010 AND HIGHWAYS AREA BOARD

REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

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

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

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

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

09/03676/CHU Light And Shade 842 Ecclesall Road 6 Sheffield S11 8TD

09/03605/CHU Starbucks 1 Tudor Square 14 Sheffield S1 2LA

09/03526/FUL 26 - 28 Division Street Sheffield 18 S1 4GF

09/03500/FUL Pedestrian Area Fargate 26 Sheffield S1 2HE

09/03483/FUL 455 Abbeydale Road Sheffield 34 S7 1FS

09/03458/FUL 17 Rossington Road Sheffield 42 S11 8SA

09/03435/FUL Thresher 243 - 245 Abbeydale Road 48 Sheffield S7 1FJ

09/03412/CAC 7 Northumberland Road Sheffield 53 S10 2TT

09/03378/FUL Lodge Farm Mawfa Crescent 57 Sheffield S14 1AS

09/03239/FUL Cardigan House 1 Adelaide Lane 67 Sheffield S3 8BR

09/03158/FUL All Saints Roman Catholic School Granville Road 74 Sheffield S2 2RJ

09/03136/RG3 Lowfield Park Asline Road 80 Sheffield

09/02950/FUL 1 Green Lane Shalesmoor 94 Sheffield S3 8SJ

09/02177/CHU Sandwich Short Of A Picnic 601 City Road 99 Sheffield S2 1GP

09/01765/FUL 7 Northumberland Road Sheffield 105 S10 2TT

09/01650/FUL Dr John Worrall School Maltby Street 120 Sheffield S9 2QA

09/01166/LBC 16 George Street Sheffield 128 S1 2PF

09/01165/FUL 16 George Street Sheffield 132 S1 2PF

08/02797/FUL Fern Glen Farm Hathersage Road 143 Dore Sheffield S17 3AB

07/02245/CHU Land At Junction With Beverley Street Leeds Road 150 Sheffield

4 5 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The CITY CENTRE, SOUTH AND EAST Planning And Highways Area Board Date Of Meeting: 04/01/2010

LIST OF PLANNING APPLICATIONS FOR DECISION OR INFORMATION

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

Case Number 09/03676/CHU

Application Type Planning Application for Change of Use

Proposal Use of shop (Use Class A1) as a restaurant (Use Class A3)

Location Light And Shade 842 Ecclesall Road Sheffield S11 8TD

Date Received 23/11/2009

Team SOUTH

Applicant/Agent Nada Architects

Recommendation Grant Conditionally

Subject to:

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

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

2 The consent hereby granted allows use of the basement and ground floors for use as a restaurant and the first and second floor levels of the premises shall not be used in connection to the approved use unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of occupiers of adjoining property and to define the permission.

3 The restaurant shall be used only between 1200 hours and 2330 hours on Mondays to Saturdays and 1200 hours to 2300 hours on Sundays and Public Holidays.

In the interests of the amenities of occupiers of adjoining property and to define the permission.

4 Amplified sound or live music shall only be played within the building in such a way that noise breakout to the street does not exceed:

i) background noise levels by more than 3dB(A) when measured as a 15 minute LAeq,

ii) any octave band centre frequency by more than 3dB when measured as a 15 minute Leq, when measured at the façade of the building.

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

5 Notwithstanding the details of the approved drawings the restaurant use hereby permitted shall not commence unless suitable apparatus for the arrestment and discharge of fumes or gases from the commercial kitchens has been installed. Before such equipment is installed details thereof shall have been submitted to and approved in writing by the Local Planning Authority. The submitted details should include some secondary means of odour abatement. After installation such equipment shall be retained, operated and maintained for the purpose for which it was installed.

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

6 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.

7 The restaurant use hereby permitted shall not commence unless sound insulation measures to the ceiling have been implemented, details of which shall have been submitted to and approved in writing by the Local Planning Authority prior to installation. Thereafter the approved sound insulation measures shall be retained.

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

8 No deliveries to the building shall be carried out between 1900 hours and 0800 hours Monday to Saturday and 1900 hours to 1000 hours Sundays and Public Holidays.

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

9 No ancillary bar area shall be provided unless otherwise agreed in writing by the Local Planning Authority.

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

10 No tables, chairs or other customer facilities shall be placed outside the building within the boundary of the site.

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

11 The restaurant shall not be used unless suitable access and facilities for people with disabilities, both to and within the building have been provided but, before such access and facilities are provided, full details thereof shall have been submitted to and approved in writing by the Local Planning Authority. When the access and facilities have been provided, thereafter such access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

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

12 The development must be carried out in complete accordance with the following approved documents:

Site Location Plan 09-004 (category) dwg no (08)001 revision D1 09-004 (category) dwg no (01)001 revision D0 09-004 (category) dwg no (03)001 revision D0 09-004 (category) dwg no (03)002 revision D0 09-004 (category) dwg no (06)001 revision D0 09-004 (category) dwg no (08)002 revision D0

Unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

8 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 and adopted Core Strategy set out below:

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

and to all relevant material considerations, including Supplementary Planning Guidance.

This informative is intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report by contacting the Planning Records section on 2734220 or by visiting Sheffield City Council’s website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

Attention is drawn to the following directives:

1. The developer's attention is drawn to:

(i) Sections 4 and 7 of the Chronically Sick and Disabled Persons Act 1970, as amended; and

(ii) the code of Practice for Access of the Disabled to Buildings (British Standards Institution code of practice BS 8300) or any prescribed document replacing that code.

Section 4 sets requirements for access to, and facilities at, premises. Section 7 requires a notice or sign to be displayed, indicating that provision is made for the disabled.

If you require any further information please contact Brian Messider or Simon Ovendon on Sheffield 2734197.

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.

9 Site Location

LOCATION AND PROPOSAL

The application site is located to the west of Ecclesall Road, some 40metres to the south of the junction with Greystones Road. It is an end of terrace property which was previously a Class A1 Light Fitting shop and is currently vacant. At the upper floors there is a 4 bedroom flat.

To the south is Napoleons Casino and to the north is a Class A1 Hairdressers. The site is located within Banner Cross District Shopping Centre.

The application is for change of use of the ground floor to a Restaurant (A3) including 48 covers. The change of use would also apply to the basement level, which is indicated for storage purposes. No alterations to the shopfront are proposed at this stage.

10 RELEVANT PLANNING HISTORY

93/00160/FUL. Use of first and second floors as student living accommodation and alterations to form ground floor entrance doorway. Approved - 05.04.1993

SUMMARY OF REPRESENTATIONS

No representations have been received.

PLANNING ASSESSMENT

The site lies within a District Shopping Centre (DSC) as designated in the Unitary Development Plan (UDP). UDP policies S7 ‘Development in District and Local Shopping Centres’ and S10 ‘Conditions on Development in Shopping Areas’ are most relevant in assessing the merits of the application proposals.

National planning guidance in PPS6: Planning for Town Centres is also relevant.

Dominance Issues

Retail uses (Class A1) are preferred in accordance with UDP Policy S7. Restaurant uses (Class A3) are, however, acceptable subject to the criteria given in Policy S10. Part (a) of S10 requires any proposals for change of use to not lead to a concentration of uses that would prejudice the dominance of the preferred use.

A recent survey of the DSC shows that 51.9% of all premises are in retail use. This proportion would drop to 50.6% if the proposed change of use is granted consent and implemented. As such the proposed loss of a retail unit would not prejudice the dominance of Retail Uses through out the DSC, and it is therefore considered that the proposal would satisfy Part (a) of Policy S10.

Amenity Issues

There is a residential flat in the upper floors above the ground level of the application premises. Additionally, there is a flat above the adjoining premises at No. 840 Ecclesall Road. The dwellings to the rear of the site are located on Blair Athol Road, and are set significantly below the level of the application site. They have rear gardens of approximately 10 metres in length.

The initially proposed extraction duct would have discharged at a low level, and this would have been expected to cause disamenity to residential occupiers above the Ecclesall Road commercial properties and also the dwellinghouses at Blair Athol Road. As a result of these concerns negotiations seeking a revised ducting arrangement have taken place. The revised route would run up the rear wall of the rear gable. This would achieve maximum height, whilst the resulting duct would not be considered to result in a visually intrusive impact. The rear elevation of the Ecclesall Road properties in this vicinity features numerous additional features, such as external stairs to upper floor flat accommodation. It is necessary to

11 impose a condition upon any consent granted to ensure that revised ducting arrangements are submitted and implemented.

The proposed opening hours are from 12:00 hours to 23:30 hours on Mondays to Saturdays and 12:00 hours to 23:00 hours on Sundays and Public Holidays. The property would have been built as a single residential dwelling, and therefore the construction is unlikely to afford a high degree of sound attenuation between floors. As such the proposed change of use has the potential to be a source of disamenity to the flat above, due to noise transmission through the ceiling / floor interface. Therefore, the ceiling of the restaurant should be subject to a scheme of sound insulation works. The provision of sound insulation would be considered to prevent the potential for noise transmission to the upper floor. This would avoid detrimental impacts on the amenities of occupants of this flat.

There is also scope for noise to be generated by customers leaving the restaurant, congregating in the vicinity of the premises. In considering this aspect it should be noted that this section of Ecclesall Road is reasonably busy creating substantial levels of background noise. As such this outcome of the proposal would be considered to not create a sufficient level of disamenity, which would be sufficient to warrant a refusal of the scheme.

On the basis of these conclusions the proposed hours of opening would be considered to be acceptable.

Overall the proposal would be considered to satisfy the requirements of UDP policy S10 (b).

Highway Issues

There is no dedicated off-street parking associated to the site. Any parking would be considered to be capable of being accommodated at the car park on the opposite side of Ecclesall Road which is available as a public car park as well as for supermarket customers, or alternatively nearby side streets. The majority of vehicles would be expected to park within the Somerfields car park and it is therefore considered that a highway safety concern would not be created. Additionally, this aspect of the proposal would not represent a potential amenity impact upon neighbouring residents. It is considered that the proposal would not have a detrimental impact upon highway safety circumstances within the vicinity of the site. As such the proposal would be considered to satisfy part (f) of Policy S10.

SUMMARY AND RECOMMENDATION

The application proposes the change of use of a vacant Class A1 retail premises to a Class A3 Restaurant. The proposal would not undermine the dominance of retail uses within the District Shopping Centre.

The proposal would be considered to not have a harmful impact upon the amenities of neighbouring residential occupiers, or have an unacceptable impact in terms of highway safety.

Overall, the proposal is considered to satisfy the requirements of UDP policies S7 and S10. It is therefore recommended that the application is granted conditional approval.

Case Number 09/03605/CHU

Application Type Planning Application for Change of Use

Proposal Use of terrace area for outdoor seating

Location Starbucks 1 Tudor Square Sheffield S1 2LA

Date Received 26/11/2009

Team CITY CENTRE AND EAST

Applicant/Agent Pegasus Planning Group

Recommendation Grant Conditionally

Subject to:

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

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

2 The raised terrace shall be used for the above-mentioned purpose only between 0700 hours and 2330 hours on any day.

In the interests of the amenities of the locality.

3 The development must be carried out in complete accordance with plan reference number BRS.2564_01-1.

In order to define the permission.

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 and adopted Core Strategy set out below:

IB9 - Conditions on Development in Industry and Business Areas

and to all relevant material considerations, including Supplementary Planning Guidance.

14 This informative is intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report by contacting the Planning Records section on 2734220.

Site Location

LOCATION AND PROPOSAL

The applicant wishes to formalise the use of a soon to be constructed raised terrace area within Tudor Square for outside seating, which is to be utilised by Starbucks coffee shop. The submitted plans indicate that the area, which is set in the southwest corner of the square, would cater for 8 tables with 25 covers.

The terrace itself was approved as part of the wider Tudor Square works, which are progressing on site under planning reference 08/04232/RG3. The terrace is to be accessible via an access ramp from Tudor Square and/or steps from Surrey Street.

There are several listed buildings in the vicinity, including the Grade II Listed 67 & 69 Surrey Street, which is the building within which Starbucks are located. The site is set within a Business: Institution: Leisure Area and the City Centre Conservation Area, as defined within the Sheffield Unitary Development Plan (UDP).

RELEVANT PLANNING HISTORY

Consent has previously been granted under planning reference 06/04732/CHU for the creation of the existing small seating area, which will be replaced by this larger terrace as part of these proposals.

SUMMARY OF REPRESENTATIONS

There have been no representations in respect of this proposal.

PLANNING ASSESSMENT

Land Use

The principle of using this space as a seating terrace has previously been approved within the wider Tudor Square masterplan consent under reference 08/04232/RG3. As such, it is not considered necessary to re-assess the principle of this proposal but rather to assess its impact and accessibility only.

Noise and Disturbance

Section b) within Policy IB9: Conditions on Development in Industry and Business Areas of the UDP states that changes of use should not cause residents or visitors in any hotel, hostel, residential accommodation or housing to suffer from unacceptable living conditions.

The applicant wishes to use the area until 2330 on any day. It is not anticipated that the users of this space will create any significant noise problems given the limited scale of the area and the associated coffee shop use, which is not characterised by anti social behaviour.

It is also noted that the only sensitive use within the immediate area is the Mercure Hotel, which is set across Surrey Street to the south. This hotel does not have opening windows and has been constructed to modern noise standards. It is not anticipated therefore that this seating terrace would cause any noise problems for users of the hotel.

The proposal therefore accords with section b) within Policy IB9.

Access

The terrace area, which already benefits from planning consent, has both a stepped and ramped access, which is welcomed.

16 The proposed furniture layout will allow sufficient room for a wheelchair user to manoeuvre.

SUMMARY AND RECOMMENDATION

The proposal is to formalise the use of a raised terrace area for outside seating for customers of Starbucks coffee shop in Tudor Square.

The proposed hours of operation will not create any undue noise and disturbance owing to the nature of the use and the limited amount of sensitive uses in the vicinity.

The terrace offers a ramped access and the layout of the furniture will ensure all users can negotiate the space with ease.

In light of the above it is recommended that Members conditionally approve this scheme.

Case Number 09/03526/FUL

Application Type A Full Planning Application

Proposal Alterations to restaurant for use as extension to hot food takeaway, alterations to shop front on Carver Street to create new entrance and change of hours to 0300 on any day (Re-submission of planning application 09/03347/FUL)

Location 26 - 28 Division Street Sheffield S1 4GF

Date Received 18/11/2009

Team CITY CENTRE AND EAST

Applicant/Agent Mr A Shah

Recommendation Grant Conditionally

Subject to:

1 The hot food take-away premises and extended seating area approved as part of this application shall only be open between 0900 hours and 0100 hours, Sunday to Wednesday and Public Holidays, and 0900 hours and 0200 hours Thursday to Saturday and Sundays preceding Public Holidays, except for 12 months from the date of this approval when it shall be used between 0900 and 0300 on any day.

To define the period of approval in the interests of the amenities of local residents.

2 Before development commences details shall be submitted of the proposed door to be erected on the Carver Street elevation and manifestations to be applied to the door. The development shall not be used unless such approved details have implemented and thereafter retained.

To ensure ease of access and facilities for disabled persons at all times and in the interests of the amenities of the area.

3 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.

18 4 The development must be carried out in complete accordance with the following approved documents, plans dated 18 November 2009 unless otherwise authorised in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Core S10 - Conditions on Development in Shopping Areas BE16 - Development in Conservation Areas

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

1. Failure to carry out this development in accordance with the approved plans may result in enforcement action. Please contact the Planning Department if you wish to amend any design or specifications for your proposed development.

3. The developer's attention is drawn to:

(i) Sections 4 and 7 of the Chronically Sick and Disabled Persons Act 1970, as amended; and

(ii) the code of Practice for Access of the Disabled to Buildings (British Standards Institution code of practice BS 8300) or any prescribed document replacing that code.

Section 4 sets requirements for access to, and facilities at, premises. Section 7 requires a notice or sign to be displayed, indicating that provision is made for the disabled.

If you require any further information please contact Brian Messider or Simon Ovendon on Sheffield 2734197.

Site Location

LOCATION AND PROPOSAL

The site consists of an existing hot food takeaway shop trading as ‘Food Express’ (Use Class A5) at 30 Division Street as well as the remaining section of the San Remo restaurant (Use Class A3), which operates on the ground and first floor of 26-28 Division Street. The current entrance to the restaurant is on Division Street whilst that of the hot food takeaway is located on the corner of Carver Street and Division Street. As a corner site, the hot food takeaway has shop windows fronting

20 both highways. The hot food take-away is presently consented to operate between 0900 hours and 0100 hours, Sunday to Wednesday and Public Holidays, and 0900 hours and 0200 hours Thursday to Saturday and Sundays preceding Public Holidays.

This application seeks to incorporate the ground floor seating area of the San Remo restaurant into the hot food takeaway operation to provide a seating area for the food sold at the hot food takeaway counter. As a result, a mixed use operation will be created within Use Classes A3/A5. The applicant also proposes to change the current hours of opening for the restaurant and hot food takeaway shop to 03.00 hours on any day. The original submission of this application proposed to open until 03.30 on any day but has been revised to 0300 hours in the course of this application.

The application also proposes changes to the Division Street and Carver Street frontages to include the disuse of the entrance to the restaurant on Division Street, although it will be retained as a frontage detail. The hot food takeaway entrance on the corner of Division Street and Carver Street will also be closed off and a new entrance to the combined units provided on Carver Street.

RELEVANT PLANNING HISTORY

09/03347/FUL; Details as per current application, but with opening hours to 01.00 hours Sunday to Wednesday and 02.00 hours Thursday to Saturday. Withdrawn: 23.11.09

09/00343/CHU; Use of part of building as hot food takeaway (Use Class A5) between 0900 hours and 0100 hours, Sunday to Wednesday and Public Holidays, and 0900 hours and 0200 hours Thursday to Saturday and Sundays preceding Public Holidays. Approved: 30.03.09.

SUMMARY OF REPRESENTATIONS

Five letters and emails have been receiving objecting to the application including one containing representations from a further eleven addresses in the area. An objection from Councillor Creasy has also been received.

The applicant has also submitted a document that includes support from five local businesses, two local residents and in seventeen questionnaires. Councillor Hussain also supports the proposal.

The representations raise the following Issues:

Obtrusive noise levels created by the take-away attracting people into the early hours of the morning; this can include people entering and leaving the premises, waiting for taxis and eating outside. An internal seating area will not address these problems;

Outside activities cannot be controlled by the applicant;

The current hot food takeaway shop has operated outside the approved hours of operation up to 4.00 a.m. recorded by local residents;

Adjacent residential properties in Cambridge Court do not have adequate soundproofing to counter activities from bars, clubs and food outlets which have increased considerably since residential accommodation adjacent to the site was built;

There should be a balance between the night time economy and city centre residents, especially when city centre living is being encouraged;

Problems of noise and disturbance are exacerbated by concentrating leisure uses in one area;

The moving of the entrance onto Carver Street will do little to prevent people congregate in Division as the proposed door is very close to its previous location;

Later closing times will not encourage people to disperse as quickly when clubs and pubs close, extending the period of disturbance to local residents;

The Council is being inconsistent as objections were reported to have been made by a Council officer to a suburban proposal due to noise and disturbance from people outside the Northern Sole in Broomhill;

An increase in rubbish generated by a larger operation;

A more reasonable closing time would be 1.00 am; Issues of noise and disturbance have not been noted;

The later opening hours make little difference to existing activities;

Public use of toilet within the unit will assist in reducing anti-social behaviour;

When the hot food takeaway shop is open people disperse more quickly.

PLANNING ASSESSMENT

Policy and Design Issues

The application site lies within the Central Shopping Area as defined in the Unitary Development Plan (UDP). Policy S3 of the UDP relates to development within the Central Shopping Area and advises that shops (A1), offices used by the public (A2), food and drink establishments (A3-A5) and housing are preferred uses within the City Centre. The application site has been operational as a hot food takeaway and restaurant for some time and the principle of its use is therefore entirely appropriate within the City Centre.

The City Centre Living Strategy (CCLS), which was adopted by the Council as supplementary planning guidance in April 2004, seeks to guide future housing

22 development in the City Centre. Guideline 10 of the Strategy states that, in locations where the residential amenity of residents will not be seriously affected, the extension of A3-A5 hours could be appropriate, provided that music is not the main attraction. However, in certain Quarters, the amenity of residents during night-time hours is considered to be important and so, for developments involving pubs, bars and restaurants it is appropriate to restrict opening hours in order to prevent undue disturbance. The CCLS advises that in the Heart of the City, restaurants will be permitted to open until 0100 hours.

However, the CCLS pre-dates the most recent licensing laws and did not differentiate between the various food and drink uses. Accordingly, in October 2005 the Council adopted Interim Planning Guidance on Night Time Uses (IPG), which sought to pre-empt the introduction of the Licensing Act 2003 and its intention that no closing hours should be specified unless there are exceptional circumstances to limit the hours of opening. It also made specific reference to hot food take away shops. The IPG sought to identify two areas of the city centre where time limits should be placed; in part of the Heart of the City/Cathedral Quarter (bounded to the west by Leopold Street and Townhead Street and to the east by Arundel Gate/Angel Street) and the Broomspring Area of the Devonshire Quarter. However, this application lies outside the controlled area where it is determined that hours of use should be specifically restricted. Accordingly, it is considered that the most significant issue in the determination of this application is the potential impact on residents, in particular, those living opposite the site in Cambridge Court.

The site also falls within the City Centre Conservation Area. The application proposes only minor changes to the external elevations apart from a new door on Carver Street. However, on the basis that the new door frames are similar to the existing window frames, the proposal is considered to preserve the character and appearance of the Conservation area as required by Policy BE16 of the Unitary Development Plan.

Access Issues

The proposed new entrance on Carver Street will have a level threshold. A disabled toilet on the ground floor, currently serving the San Remo restaurant will be available to the public. Any large glazed areas including doors will require manifestation to distinguish the door from the fixed glazing.

Amenity Issues

The Interim Planning Guidance on Night Time Uses acknowledges that the overall amenity of present and future residents should be protected from undue noise and disturbance after a reasonable time of night but significantly, it also highlights that people living in the City Centre cannot expect to experience the same levels of quiet as the more suburban parts of the City.

As stated above, the main amenity issue arising from this proposal is the impact on local residents, and particularly those within closest proximity to the premises at Cambridge Court, which lies directly opposite the site on Division Street.

It is relevant to note that since the previous approval for the current hot food takeaway shop at 30 Division Street (09/00343/CHU), the Council has received complaints from residents of Cambridge Court. These complaints relate to hours of opening exceeding those approved with times up to 04.10 hours being recorded, the noise from people entering and leaving the shop and increasing numbers of people attracted to the area buying food from the shop. The applicant has acknowledged that the opening hours of that consent were breached in the past, principally due to a misunderstanding by the shop’s manager and also due to late opening with an events licence. However, it is the case that the approved hours of opening are now being adhered to by the applicant and this has been confirmed by an Officer visit.

In assessing the potential for noise and disturbance, it is important to acknowledge that unlike the surrounding clubs and pubs on Division Street, there will be no amplified music from the site. The applicant also contends that the provision of a larger seating area within the building will reduce the numbers of people congregating outside and reduce litter being dropped in the street. A public toilet facility is also to be provided within the building to reduce people urinating in the street. There will also be a freephone for a taxi service to allow taxis to be ordered without hailing them on the street. Finally, the entrance to the café/hot food takeaway shop will be moved to the Carver Street elevation taking it away from the junction of Carver Street and Division. These measures have been proposed by the applicant to alleviate problems of noise and disturbance to local residents.

In considering the impact of the proposal on local residents it must be taken into account that a great deal of late night pedestrian activity is generated by the late opening clubs and bars in the area rather than the application premises. Indeed, the junction of Carver Street and Division Street is traffic light controlled with pedestrian phasing, which results in groups of people waiting at the corner before being able to cross the junction. As well as pedestrian movements, there is also a considerable amount of vehicular movement,

South Yorkshire Police have advised that they have had no problems with the hot food premises and recorded only three incidents from the San Remo in the last twelve months, as opposed to 79 ASBOs and 131 crimes recorded on Division Street and 95 ASBOs and 167 crimes on Carver Street in the same period.

The Council’s Environmental Protection Service has advised that complaints about noise and disturbance in the area of Division Street and Carver Street have been received, but these do not relate specifically to the ‘Food Express’ or San Remo operations. The Service consider that the originally proposed opening hours to 03.30 hours Thursdays to Saturdays was too great a change from the current Thursday to Saturday opening hours of 02.00 hours, but a 03.00 hours closing would be acceptable. However, they do recommend a proposed closing time of 02.30 hours during the week (Sunday (except those preceding a Bank Holiday) to Wednesdays).

The applicant has agreed to change the opening hours to 03.00 hours every day. Such times are considered reasonable as there are bars that are open to 03.30

24 hours and 03.00 hours in close proximity to the site (Ruby Lounge and Cristal Bar). Accordingly, the proposed opening hours are considered acceptable as they will allow revellers to disperse at the times when the bars close. However to allow any extended use of hours to be fully assessed for noise disturbance in the area, and to test if the internal changes proposed such as extra seating and the provision of a public toilet will benefit the area, a twelve month temporary consent is proposed. On this basis, the proposal is considered to accord with Policy S10 of the Unitary Development Plan

RESPONSE TO REPRESENTATIONS

The issues raised by representations are dealt with in the report.

SUMMARY AND RECOMMENDATION

This application seeks to incorporate the ground floor seating area of the San Remo restaurant into the hot food takeaway operation to provide seating for the food sold at the hot food takeaway counter; these works are considered to accord with the objectives of Policy S3 of the UDP in which food and drink uses are preferred within the Central Shopping Area. It also proposes the provision of a new door onto Carver Street, which is considered to be of an acceptable quality and will preserve the character and appearance of the City Centre Conservation Area as required by Policy BE16 of the Unitary Development Plan.

In addition, the application seeks an extension of hours of the premises from the 0900 hours and 0100 hours, Sunday to Wednesday and Public Holidays, and 0900 hours and 0200 hours Thursday to Saturday and Sundays preceding Public Holidays that were previously approved for the hot-food takeaway to 0900 to 0300 on any day. The extension of hours to this City Centre premises is a balance between ensuring the vitality and vibrancy of the City Centre and protecting the amenity of residential occupiers in that area. The use must also not adversely affect the shopping role of the City Centre. In this case, although there are residential premises directly opposite the site, the amount of late night activity in the area makes it difficult to determine any potential or actual noise and disturbance directly attributable to the current hot food take-away and its extended floor area. Furthermore, as there have been few recorded incidents and complaints related to the present hot food take-away and there are other late night bars in the vicinity with a 03.00 hours or later closing, it is considered reasonable to recommend approval for the extension of hours to 0300 but for a temporary period of 12 months to allow the impact of the later opening hours on local residents to be tested.

Taking the above into account, it is therefore recommended that the application is approved subject to conditions.

Case Number 09/03500/FUL

Application Type A Full Planning Application

Proposal Application to allow siting of giant observation wheel for temporary period to end of January 2011 (Extension of time of previous temporary permission)

Location Pedestrian Area Fargate Sheffield S1 2HE

Date Received 09/11/2009

Team CITY CENTRE AND EAST

Applicant/Agent Great City Attractions

Recommendation Grant Conditionally

Subject to:

1 The observation wheel and its associated structures shall have been removed on or before 30 January 2011.

In order to define the permission.

2 Unless otherwise agreed in writing by the Local Planning Authority, the observation wheel shall not continue in use until the following has been carried out in accordance with layout plan reference 2511/04/J received on 9 November 2009:

- Siting of two planters outside No's 58-64 Fargate - Siting of water filled protection barrier (or alternative to be first agreed in writing by the Local Planning Authority) to the corner opposite Yorkshire Bank - Removal and safe storage of street furniture as identified - Minimum distance provided in front of pedestrian crossings

These arrangements shall remain until the wheel and its associated structures are removed and upon removal of the wheel and its associated structures the street furniture referred to above shall have been put back in place within 28 days of that removal.

In order to protect the amenity of the locality and ensure the free and safe flow of vehicles and pedestrians.

26 Attention is drawn to the following justifications:

Planning Policy Statement 6 S3 - Development in the Central Shopping Core S10 - Conditions on Development in Shopping Areas LR2 - New Leisure Uses and Facilities BE10 - Design of Streets, Pedestrian Routes, Cycleways & Public Spaces BE11 - Public Spaces BE15 - Areas and Buildings of Special Architectural and Historic Interest BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings CS14 - Citywide Distribution of Shopping and Leisure Development CS15 - Locations for Large Leisure and Cultural Developments

and to all relevant material considerations, including Supplementary Planning Guidance.

27 Site Location

LOCATION AND PROPOSAL

This application relates to the continued siting of a giant observation wheel at the southern end of Fargate. The applicants currently have consent to site the wheel until the end of January 2010 and now wish to retain it until the end of January 2011.

The wheel measures 53.25 metres in height and includes a large base structure measuring 25 x 20.45 metres. The observation wheel provides 42 gondolas with each being capable of carrying up to 8 persons.

The site is located within the City Centre Conservation Area and in close proximity to several listed buildings, including the Grade I Listed Town Hall, which is set 20 metres to the south.

28 RELEVANT PLANNING HISTORY

Consent was originally granted in June 2009 for the temporary siting of the wheel until the end of January 2010 under planning reference 09/01571/FUL.

SUMMARY OF REPRESENTATIONS

English Heritage

‘The application should be determined in accordance with national and local policy guidance, and on the basis of your specialist conservation advice.’

Yorkshire Water (YW)

YW have recommended conditions be imposed on this application.

Members of the public

There have been three representations from members of the public expressing the following:

- 2 representations express support for the wheel. - All 3 representations state that the siting of the wheel has resulted in the removal of four cycle stands, which should be replaced in an alternative location.

PLANNING ASSESSMENT

Land Use

Planning Policy Statement 6: Planning for Town Centres (PPS6) focuses on a range of issues which relate to the future of town/city centres and the main uses that relate to them. PPS6 states that the Government’s key objective for town/city centres is to promote their vitality and viability. It identifies that one way for this to be achieved is by supporting efficient, competitive and innovative retail, leisure, tourism and other sectors.

Policy S3: Development in the Central Shopping Area within the Sheffield Unitary Development Plan (UDP) states that leisure and recreation facilities (D2) are acceptable uses within such areas.

Policy S10: Conditions on Development in Shopping Areas within the UDP states that new development should not lead to a concentration of uses which would prejudice the dominance of preferred uses in the area or its principle role as a shopping centre.

Policy LR2: New Leisure Uses and Facilities within the UDP states that new leisure uses and facilities will be promoted where they would encourage tourism in the city centre. LR2 goes onto state that for entertainment and leisure developments,

29 which attract a lot of people, the development must not undermine the vitality and viability of the evening economy of the City Centre.

Policy CS 14: City-wide Distribution of Shopping and Leisure Development within the Sheffield Development Framework Core Strategy (CS) identifies the City Centre Primary Shopping Area as the main focus for leisure facilities with city-wide and regional catchments.

Policy CS 15: Locations for Large Leisure and Cultural Developments within the CS states that development of leisure and cultural facilities that serve the city and wider region will be located in, or at the edge of, the City Centre where possible.

Similar observation wheels have been located in several cities worldwide and locations nationally include London, Manchester and York. The presence of these structures in city centre locations is widely regarded as a success in terms of attracting increased visitors to centres and adding to their vitality and viability. Indeed, the applicant has provided evidence within the submitted Economic Benefits Paper that has demonstrated that the footfall on Fargate has increased since the wheel has been in place.

In respect of the local policy context, city centre locations are viewed as preferable for such large scale leisure developments. It has also been demonstrated that the observation wheel acts as a trip generator, helping assist surrounding retail uses in these difficult times through increased footfall, and by providing an attraction that will further allow Sheffield City Centre to rival other regional shopping destinations.

From a land use perspective the siting of the observation wheel in this city centre location for an extended period is considered to be supported by the relevant UDP and CS policies identified above and guidance within PPS6.

Visual Impact

Policy BE3: Views and Vistas in the City Centre within the UDP states that development will not be permitted to damage the traditional City Centre skyline or views and vistas which are important to the Centre’s character. BE3 goes on to identify several views that will be affected by this proposal, including views towards the Town Hall along Division Street and Leopold Street and views down Fargate.

Policy BE11: Public Spaces, states that development within or adjacent to Fargate will only be permitted where it would respect:

- The character of the space in terms of function, scale, proportions and views.

- The contribution which surrounding buildings make to the character of the scale in terms of scale, massing and proportions.

Policy BE15: Areas and Buildings of Special Architectural or Historic Interest within the UDP states that buildings and areas of special architectural or historic interest which are an important part of Sheffield’s heritage will be preserved or enhanced.

Policy BE16: Development in Conservation Areas within the UDP states that new development should preserve or enhance the character or appearance of the Conservation Area.

Policy BE19: Development Affecting Listed Buildings within the UDP states that proposals that affect the setting of listed buildings will be expected to preserve the character and appearance of that building and its setting.

Policy S10: Conditions on Development in Shopping Areas within the UDP states that new development should be well designed and of a scale and nature appropriate to the site.

The observation wheel is visible from a number of established key views and from a number of vistas across the city. It is also viewed in the context of the City Centre Conservation Area and several listed buildings.

It is considered that the wheel has been a position addition to the city skyline and looks particularly elegant after dark, when it is lit. In terms of its immediate local context, given the rather cumbersome nature of the base, it is not considered to be a good long term addition in its current location owing to the historic and architectural importance of surrounding buildings. However, given the continued temporary nature of the structure, its presence in this location for an additional twelve months is welcomed.

In light of the above, it is considered that the continued temporary nature of the proposal is not contrary to the above policies.

Access

Policy BE10: Design of Streets, Pedestrian Routes, Cycleways and Public Spaces within the UDP states that the design of streets, pedestrian routes and public spaces should:

- Make them convenient and safe to use for all members of society.

- Create attractive, welcoming and usable open areas where people can gather informally.

- Minimise the conflict between pedestrians, cyclists and motorised traffic.

The wheel has been operating for several months and it was acknowledged within the initial report presented to Members that, owing to the rather constrained nature of the site, pedestrian movements around the base would be restricted. However, on balance, suitable clear width has been retained on the ground to allow the free and safe flow of pedestrians.

In terms of vehicle movements, a suitable distance has been retained to ensure that all stores can retain existing service arrangements. Access for emergency vehicles is also retained along Fargate.

In terms of mobility access onto the wheel, the operators ensure that all the required help is given to allow access for all. On balance therefore, although there are some compromises that will have to be made for the temporary period it is in place, the observation wheel will allow suitable access and not create any undue conflicts.

On balance, the impact of the structure on pedestrian movement for this temporary period is considered acceptable in accordance with Policy BE10.

Highways

Policy S10: Conditions on Development in Shopping Areas within the UDP states that new development should be served adequately by transport facilities and provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians.

The issues in terms of servicing and safe pedestrian movements have been covered in the preceding Access section.

The central location of the observation wheel will ensure it is accessible by a variety of transport modes and in close proximity to a number of public car parks.

The structure is considered to be in compliance with Policy S10.

Amenity Issues

The observation wheel does not create any excessive light pollution or emit noise levels that could cause amenity issues. Further to this, there are no residents in the immediate locality that would be affected by the proposal.

RESPONSE TO REPRESENTATIONS

Yorkshire Water (YW)

YW have requested two conditions be imposed to stop the wheel being sited over or within a certain distance of sewers or water mains. These conditions cannot be imposed as the wheel is already sited over a sewer and a water main. This issue is not considered to have any undue influence on the outcome of this application and is chiefly a matter been the applicant and YW as a statutory undertaker.

The matter in respect of the cycle stands has been raised with the City Centre Management Team and six new cycle stands are to be provided within the vicinity of the wheel to compensate for those lost as a result of the wheel’s location.

SUMMARY AND RECOMMENDATION

The visual impact of the observation wheel on the city skyline is widely regarded as successful and, given the continued temporary nature of the structure and its wider

32 economic benefits; its presence in this location for an additional twelve months is welcomed.

It is clear that, although not ideal in the long term, the siting of the wheel has allowed suitable space for pedestrians to manoeuvre in a safe and free manner.

All the retail units can retain existing servicing arrangements.

Given the central location, the attraction will be easily accessible by varying modes of public transport and there are several public car parks in the vicinity.

In light of the above, it is recommended that Members grant a conditional temporary approval for a further 12 months.

Case Number 09/03483/FUL

Application Type A Full Planning Application

Proposal Use of lower ground floor of building (Unit 3) for A1 purposes (Shops), use of upper ground floor (Unit 2) for A1 (Shops) or A3 (Restaurant and Cafes) purposes, alterations to car parking accommodation , erection of an external fire escape stairway and removal of chimney (As amended)

Location 455 Abbeydale Road Sheffield S7 1FS

Date Received 06/11/2009

Team SOUTH

Applicant/Agent Ward McHugh Associates

Recommendation Grant Conditionally

Subject to:

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

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

2 The Class A1/Class A3 units shall not be used unless the customer and residents car parking accommodation 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.

3 Before the development is commenced, full details of the proposed cycle parking accommodation shall have been submitted to and approved in writing by the Local Planning Authority. The ground floor retail unit shall not be used unless the cycle parking accommodation has been provided in accordance with the approved plans and thereafter, such cycle parking shall be retained.

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

4 Details of the alterations to the shop front to form access into Unit 2 shall be submitted to and approved in writing prior to any fitting out of Unit 2.

34 Thereafter the works shall be carried out in accordance with the approved details and no further alterations to the shop front shall be carried out without the prior written consent of the Local Planning Authority.

In the interests of the amenities of the locality.

5 The units shall not be used unless suitable access and facilities for people with disabilities, both to and within the building have been provided but, before such access and facilities are provided, full details thereof shall have been submitted to and approved in writing by the Local Planning Authority. When the access and facilities have been provided, thereafter such access and facilities shall be retained. (Reference should also be made to the Code of Practise BS8300).

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

6 The units shall not be used unless the access and facilities for people with disabilities within the curtilage of the site, as shown on the plans, have been provided in accordance with the approved plans and thereafter such access and facilities shall be retained.

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 car park accessed from Bedale Road shall have been submitted to and approved by the Local Planning Authority. The landscape works shall be implemented prior to Unit 3 being brought into use or within an alternative timescale to be first agreed in writing with the Local Planning Authority. Thereafter the landscaped areas shall be retained and they shall be cultivated and maintained for a period of 5 years from the date of implementation and any plant failures within that five year period shall be replaced unless otherwise agreed by the Local Planning Authority.

In the interests of the amenities of the locality.

8 Any restaurant/café (Class A3) use shall be open for business only between 0900 hours and 2330 hours, Mondays to Saturdays, and only between 0900 hours and 2300 hours on Sundays and Public Holidays.

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

9 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.

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

10 Amplified sound or live music shall only be played within the building in such a way that noise breakout to the street does not exceed:

i) background noise levels by more than 3dB(A) when measured as a 15 minute LAeq, ii) any octave band centre frequency by more than 3dB when measured as a 15 minute Leq, when measured at the external elevations of the building.

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

11 The retail unit(s) shall be open for business only between 0700 hours and 2300 hours on any day.

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

12 The retail units shall be restricted to non-food retail sales uses unless otherwise agreed in writing by the Local Planning Authority.

To protect the vitality and viability of the Local Shopping Centre.

13 The two units shall operate separately and shall not at any time be merged to form a single unit without the prior written consent of the Local Planning Authority.

In the interests of the amenities of the locality and to protect the vitality and viability of the Local Shopping Centre.

14 No goods or materials of any description shall be stored or displayed wholly or partly outside the building within the site of the development.

In the interests of the amenities of the locality.

15 No deliveries to the building shall be carried out between the hours of 2300 to 0700 hours Monday to Saturday and 2300 hours to 0900 hours Sundays and Public Holidays.

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

16 The development must be carried out in complete accordance with the following approved documents, Drawing nos to be advised (currently being amended) unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas BE7 - Design of Buildings Used by the Public CS67 - Flood Risk Management

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

1. The developer's attention is drawn to:

(i) Sections 4 and 7 of the Chronically Sick and Disabled Persons Act 1970, as amended; and

(ii) the code of Practice for Access of the Disabled to Buildings (British Standards Institution code of practice BS 8300) or any prescribed document replacing that code.

Section 4 sets requirements for access to, and facilities at, premises. Section 7 requires a notice or sign to be displayed, indicating that provision is made for the disabled.

If you require any further information please contact Brian Messider or Simon Ovendon on Sheffield 2734197.

37 Site Location

LOCATION AND PROPOSAL

The site is part of the former Autoworld car showroom and ancillary workshops on land bounded by Abbeydale Road, Bedale Road and Broadfield Road. Part of the building is now occupied by a Tesco Express retail unit.

The application relates to the two storey former car workshop which has frontages to Broadfield Road and a car park to either side. The building has a red brick front elevation and white painted/rendered side elevations. The building has level access to the upper floor from the Tesco Express car park which is at a higher level.

The proposals are to use the ground floor and a low mezzanine as a retail unit (Class A1) with 812m2 gross floor space. Access will be from the car park in Bedale Road with a further entrance from Broadfield Road. The upper floor is proposed to be used for either retail (A1) or a restaurant/café (Class A3) with 675m2 gross floor space. Access will be taken from the Tesco car park. The

38 proposals include alterations to two existing car parking areas, accessed from Bedale Road and Broadfield Road respectively and the erection of an external fire escape stairway to the Bedale Road car park.

RELEVANT PLANNING HISTORY

The Tesco Express unit was granted planning permission in September 2008 (ref 08/03245/CHU).

Planning permission for alterations to facilitate the change of use now proposed was granted on 17th November 2009 (ref 09/02847/FUL). The approved works are:

- 2 external stairways to provide escape routes from the mezzanine and first floors of the building to the existing car park in Broadfield Road - a goods lift within the Broadfield Road car park - alterations to the elevations, including the blocking up of openings in the elevation facing the car park in Bedale Road - canopies to the entrances to Broadfield Road and the Bedale Road car park

Planning permission for the car showroom/garage use was originally granted in 1989 (ref.88/02894/FUL). There have subsequently been a number of minor applications relating to the showroom use. These include an extension to the vehicle parking display area which was granted in 1996 (ref. 96/00700/FUL).

REPRESENTATIONS

None received.

PLANNING ASSESSMENT

Land Use Policy

The site lies within a Local Shopping Centre as defined in the adopted Unitary Development Plan (UDP). This designation is proposed to be changed to a Flexible Use Area in the Sheffield Development Framework (SDF) Preferred Options Proposals Map.

The car parks to either side of the building lie partly in Flood Zone 2 (medium probability of flooding) and partly in Flood Zone 3 (high probability).

The proposed retail uses (Class A1) are a ‘preferred’ land use in Local Shopping Centres (LSC) in accordance with UDP Policy S7 (Development in District and Local Shopping Centres). This is the preferred use in Shopping Centres in accordance with Policy S7. Class A3 uses are listed as an ‘acceptable’ land use. The proposals add to, rather than undermine, the function of the shopping area and the proposals therefore comply with Policy S10(a) (Conditions on Development in Shopping Areas).

39 The SDF Preferred Options for City Policies Policy PF1 (Development in Flexibly Use Areas) lists ‘small shops’ (Class A1) as an acceptable land use. Larger retail units and restaurants/cafes are not listed and must be considered on their individual merits. This policy has very limited weight at this stage of the SDF process. Nevertheless, there is no conflict with Policy PF1.

Design and Inclusive Access

Alterations to the external appearance are as previously approved (ref 09/02847/FUL).

The proposed ground floor retail unit has level access. The mezzanine floor within the same unit is currently reached by existing steps within the building. A platform lift is to be provided to ensure inclusive access to the entire retail area. The upper unit has level access from the Tesco car park. Facilities to the interior of the building for any Class A3 use cannot be finalised until tenants have been identified. Details can be conditioned for submission prior to fitting out of the units.

Amendments to the car parking layout and pedestrian routes to the building have been negotiated and the proposals are now acceptable in accordance with Policy BE7 (Design of Buildings Used by the Public)

Highway Matters

The Council’s (maximum) Car Parking Guidelines indicate that 23 parking spaces should be provided to serve the ground/mezzanine retail unit and 19 spaces should be provided to serve the upper unit. This is subject to location and traffic generation.

The proposals indicate a total of 18 spaces within the two car park areas. The car park to the front of the Tesco Express unit has 19 spaces and it is likely that these will be utilised by customers visiting the upper unit which will have its shop front facing this car park. This car park has always had vacant spaces when officers have visited the site.

The site is in a highly accessible location being within a large LSC on a main route to and from the City and with a large catchment within easy walking distance. There is a pedestrian crossing facility close by in Abbeydale Road. On-street parking is restricted in immediate proximity of the site, including full time restrictions in Bedale Road.

In view of the above, the parking provision is considered sufficient to serve the proposed uses in accordance with UDP Policy S10(f). Tesco delivery vehicles unload from the carriageway in Bedale Road. This is less than ideal but was accepted in granting planning permission for that store (ref 08/03245/CHU) and appears to work satisfactorily. Smaller vehicles are expected to service the proposed new uses and they will be able to use the Bedale Road facility or the car parks, as appropriate.

40 4 resident’s parking spaces are indicated in front of the Broadfield Road car park entrance. Residents of nearby dwellings in Broadfield Road already use this area for car parking although it is not clear whether this is a formal arrangement. The spaces will be re-orientated so as to prevent the need to reverse to the highway.

Residential Amenity

The entrance to the unit that may be used for a restaurant/café (Class A3) is on the elevation of the building facing the Tesco car park. There is adequate separation from residential property at this point and, with restrictions on the hours of use and delivery times, there will be no significant late night disturbance. It is unlikely that restaurant customers will use the car park immediately adjacent the dwelling as the Tesco car park and Bedale Road car park are much nearer the entrance. 23:30 hours closing is appropriate (23:00 Sundays and Bank Holidays) in this location, together with conditions to prevent noise breakout from openings facing the side elevation of the nearest dwelling in Broadfield Road.

The plans indicate a flue on the elevation facing the Bedale Road car park to serve any Class A3 use. There is an existing flue serving the former car workshops in this location. This location is away from any sensitive uses and is considered appropriate. Details can be conditioned.

In view of the above, the proposals comply with UDP Policy S10(b).

Flood Risk

The proposed entrances to the ground floor unit are to and from land close to the boundary of Flood Zone 3 but within Zone 2. The building itself is in Zone 1. The exit arrangements cannot be improved and are no more onerous than the existing arrangements. As the exits are not within Zone 3 there is no departure from SDF Core Strategy Policy CS67 (Flood Risk Management). The upper unit is not vulnerable to flood risk.

SUMMARY AND RECOMMENDATION

The proposals for retail or a retail/restaurant-café use represents ‘preferred’ and ‘acceptable’ land uses in the Local Shopping Centre (LSC). The proposals will enhance, rather than undermine, the function of the shopping area.

The site is highly accessible and the level of parking provision is considered appropriate for the scale of development. With appropriate restrictions, adequate residential amenity can be maintained. Improvements to ensure inclusive access have been negotiated.

Overall, there is no conflict with adopted UDP policies and it is recommended that planning permission is granted subject to conditions.

Case Number 09/03458/FUL

Application Type A Full Planning Application

Proposal Single-storey rear extension to dwellinghouse

Location 17 Rossington Road Sheffield S11 8SA

Date Received 12/11/2009

Team SOUTH

Applicant/Agent Coda Studios Ltd

Recommendation Grant Conditionally

Subject to:

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

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

2 The proposed facing materials shall match the facing materials to the existing building.

In order to ensure an appropriate quality of development.

3 Before the development is commenced, full details of the brown roof construction and specification shall be submitted to and approved by the Local Planning Authority. Thereafter, the roof shall be constructed in accordance with the approved details.

In the interests of biodiversity.

4 The development must be carried out in complete accordance with the following approved documents, drawing numbers 1628-002 Rev C, 1628- 003 Rev C and 1628-004 Rev C unless otherwise authorised in writing by the Local Planning Authority.

In the interests of biodiversity.

42 Attention is drawn to the following justifications:

BE5 - Building Design and Siting H14 - Conditions on Development in Housing Areas CS64 - Climate Change, Resources and Sustainable Design of Developments CS74 - Design Principles SPG - Designing House Extensions

and to all relevant material considerations, including Supplementary Planning Guidance.

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.

43 Site Location

LOCATION AND PROPOSAL

The application is for a single storey extension to an existing two storey off-shot at the rear of a dwelling. The dwelling is a traditional Victorian property in a terrace of similar buildings. The extension will project 5.3 metres from the off-shot. An original attached outbuilding will be removed to facilitate the development. A second, smaller, outbuilding has been removed previously.

The proposals also indicate the replacement of a ground floor window on the main rear elevation with French doors. These works are ‘permitted development.’

Rossington Road is on a steep gradient and the dwellings are staggered in pairs accordingly. No17 is 1.4 metres above the level of No15 and is at the same level as No19. The rear garden is enclosed by walls and fencing and adjoins the top of a steep wooded embankment at the edge of Endcliffe Park.

44 RELEVANT PLANNING HISTORY

There is no planning history relating to the application site.

An application was submitted in 2007 in respect of an extension of similar dimensions to the application proposal at No13 Rossington Road. The extension was deemed to be ‘permitted development’ (ref 07/04707/FUL). The criteria governing ‘permitted development’ has changed as a result of new legislation which has been in force since October 2008. The extension at No13 has been built although the design differs from that shown on the submitted plans.

REPRESENTATIONS

No representations have been received.

PLANNING ASSESSMENT

Land Use Policy

The site lies within a Housing Area as defined in the adopted Unitary Development Plan (UDP). This designation is maintained in the Sheffield Development Framework (SDF) Preferred Options Proposals Map.

Design and Sustainability

Policies BE5 (Building Design and Siting) and H14 (Conditions on Development in Housing Areas) are the most relevant UDP policies. The adopted SDF Core Strategy Policies CS64 (Climate Change, Resources and Sustainable Design of Developments) and CS74 (Design Principles) are also relevant. Collectively, these policies require good quality design which uses resources sustainability and integrates successfully with the surrounding environment.

The extension will not be visible in the public domain. It is of a contemporary design which will connect the internal and external spaces through extensive glazing to the corner elevation. This will maximise solar gain and provide a light and airy environment for the occupiers. The extension is proposed to be constructed in red brick to match the existing dwelling and a flat ‘brown’ roof is proposed. Doors and windows will be timber.

Material from the demolition of the attached outbuilding can be used to form the roof. The roof design will reduce surface water run off and increase opportunities for biodiversity.

In view of the above, the proposals comply with the policies quoted above and the promotion of biodiversity accords with the objectives of the Governments Planning Policy Statement 9: Biodiversity and Geological Conservation. The design also complies with Guidelines 1, 2 and 3 of the adopted Supplementary Planning Guidance: Designing House Extensions (SPG)

45 Residential Amenity

Guideline 5 to the SPG seeks to prevent unreasonable overshadowing and overdominance of neighbouring dwellings and permits a maximum single storey projection of 3m beyond the rear of adjacent dwellings. This assumes no difference in the site levels of the respective dwellings.

The extension will project 2.8m beyond the line of the single storey attached outbuilding to be demolished and to the approximate line of the outbuilding that has already been demolished. The extension will project 5.3m from the rear of the two storey off shot to the dwelling and 2.8m beyond the line of the neighbouring single storey outbuilding attached to the off shot at No15.

The extension will not adversely affect living conditions within the dwelling at No15 as there are no openings in the end elevation of the single storey off shot to that property. There will be no significant impact on the windows to the rear of No19 due to the 2.5m separation to the boundary and the 1.8m boundary fencing. Existing boundary treatments will prevent any overlooking of neighbouring properties. In this respect, the proposals comply with Guideline 6 of the SPG and Policy H14(c) of the UDP.

The key issue is the increase in height to the boundary with No15. The site is 1.4m above the level of No15. The boundary wall between the two dwellings is approximately 3m high when viewed from the garden of No15. It reduces to approximately 1.8m high beyond where the proposed extension will end. The proposals will result in an additional 1.5m being added to the height of the wall over a distance of 2.8m.

To some extent this will result in the extension being overbearing on the garden to the adjoining property. However, the courtyard space immediately to the rear of the main wall of the dwelling is not affected and, as explained previously, there will be no sense of overshadowing or overdominance from within the dwelling. The application site is to the west of No15 and the additional wall height will not unreasonably restrict light into the garden space in comparison to the existing situation.

On balance, the proposals broadly comply with Guideline 5 of the SPG and Policy H14(c) of the UDP in that the impact on the adjoining property is not so severe as to unacceptably harm the amenities presently enjoyed by occupiers of that property. It is worth noting that the proposals only marginally exceed the current ‘permitted development’ criteria as set out in the General Permitted Development Order 2008.

Garden space in excess of 50m3 will remain to serve the dwelling and the development thereby complies with Guideline 4 of the SPG.

SUMMARY AND RECOMMENDATION

The proposed single storey rear extension is well designed to compliment the existing dwelling and will bring contemporary accommodation into a traditional built

46 environment. A ‘brown’ roof is proposed which is a sustainable form of construction that will reduce surface water discharge and promote biodiversity.

The extension will increase the height of the existing boundary wall to No15 Rossington Road. This will be a little overbearing on the garden to that property but will not affect the internal environment or the courtyard immediately beyond the main rear elevation.

On balance, the proposals comply with the relevant UDP and SDF Core Strategy policies and guidance in the SPG: Designing House Extensions.

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

Case Number 09/03435/FUL

Application Type A Full Planning Application

Proposal Use of building as a coffee shop

Location Thresher 243 - 245 Abbeydale Road Sheffield S7 1FJ

Date Received 04/11/2009

Team SOUTH

Applicant/Agent Mr S Kader

Recommendation Grant Conditionally

Subject to:

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

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

2 Unless otherwise agreed in writing by the Local Planning Authority, the equipment used for the preparation of hot food shall be restricted to a domestic cooker, microwave, and griddle, as detailed in the menu submitted by the applicant to the Local Planning Authority, and received on 10 December 2009.

In order to limit the nature and scale of hot food preparation in the interests of the visual amenity of the occupiers of neighbouring dwellings.

3 The building shall be used only between 0800 hours until 2000 hours Mondays to Saturdays and 1000 hours and 1800 hours on Sundays and Bank Holidays.

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

Attention is drawn to the following justifications:

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

and to all relevant material considerations, including Supplementary Planning Guidance.

Site Location

49 LOCATION AND PROPOSAL

The application site is located to the east of Abbeydale Road, and comprises an existing unit at the end of a terrace at the Junction of Miller Road and Abbeydale Road.

The site was formerly Thresher Wine Store, (Use Class A1), and has been vacant for a year. Internal works have taken place in preparation for the unit changing use as a coffee shop, along with a large flue being erected on the side elevation of the building facing Miller Road.

There are flats above the premises, in separate residential use along with residential properties to the rear of the site off Marples Drive. The application site is designated as being within a Local Shopping Centre under the provisions of the Unitary Development Plan. The land to the rear of the site along Marples Drive, and the units facing Abbeydale Road on the opposite side of Miller Road fall within a Housing Area.

The application seeks planning permission to change the use of the unit from a retail unit (Use Class A1) to a coffee shop with seating (Use Class A3). A flue has been erected without the benefit of planning permission, and the application originally sought to retain this flue.

RELEVANT PLANNING HISTORY

Planning permission was granted in 1977 for the retention of shop front. Application No. 77/00533/FUL.

Planning permission was granted in 1991 for an extension to form storage accommodation. Application No. 91/01080/FUL.

Planning permission was granted in 2007 for alterations and erection of external stairway to form self-contained flat and erection of 1.8 metre fence and double gates. Application No. 06/03945/FUL.

SUMMARY OF REPRESENTATIONS

There have been no representations received following neighbour notification of this application.

PLANNING ASSESSMENT

The Adopted Unitary Development Plan identifies the site as being within the Abbeydale Road Local Shopping Centre. The policy relevant to assessment of the current application is S10 relating to conditions on development in local shopping centres.

Policy S10 seeks to ensure, amongst other things, that new development; (b) would not cause residents to suffer unacceptable living conditions including air pollution, noise, other nuisance and also (f) would be adequately served by

50 transport facilities and provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians.

There is a mixture of uses within the Abbeydale Road Local Shopping Centre, and it is considered that this change of use would not unbalance the existing mixture.

Neighbour Amenity Issues

The applicant has indicated within the planning application forms that the proposed hours of use are 0800 hours to 2000 hours Mondays to Saturdays and 1000 hours to 1800 hours Sundays and Bank Holidays. These hours fall within the standard hours of opening for restaurants/cafe where there is no particular sensitive residential uses above, and are considered acceptable, having no detrimental impact on occupiers of the first floor flats and nearby residential dwellings. The opening hours will be controlled through a relevant planning condition.

Therefore, the proposal would be considered to be satisfactory in regards to element (b) of Policy S10 of the Adopted Unitary Development Plan.

Highway Issues

There is no off street parking provision available with limited on street parking. Abbeydale Road is a busy major road into the city centre, which is well served by public transport and has a large catchment of potential customers within walking distance including from the city centre.

Therefore there are no significant highways issues resulting from the change of use of the ground floor to a café.

Overall, the proposal is considered to avoid a detrimental impact upon parking within the vicinity of the site, or highway safety in general. Therefore, the proposal would be satisfactory in relation to element (f) of Policy S10.

Design Issues

This application seeks permission for the retention of recently erected flue on the side elevation of the building fronting Miller Road. The flue is located in a prominent location, and is clearly visible from Abbeydale Road. Owing to the dimensions of the flue and its location it is considered unacceptable having a detrimental impact on the appearance of both the building and the wider street scene.

Following an internal viewing of the premises, showing limited cooking equipment, and a menu submitted from the applicant, it is clear that level of cooking intended to be undertaken at the premises will not require a flue.

The application has therefore been amended, by removal of the request to retain the flue and the applicant has been advised that the flue should be removed. The applicant will be written to separately about this matter, to formalise this.

51 SUMMARY AND RECOMMENDATION

The proposed change of use would avoid having a detrimental impact upon amenities of neighbouring occupiers and upon local highway safety circumstances.

Providing the flue is removed it is considered that the proposed change of use would not impact negatively on the appearance of the building or wider street scene.

As such the proposal is considered to satisfy the requirements of Policy S10 of the Adopted Unitary Development Plan. Therefore, it is recommended that planning permission is granted.

Case Number 09/03412/CAC

Application Type Conservation Area Consent Application

Proposal Demolition of part of structurally damaged property

Location 7 Northumberland Road Sheffield S10 2TT

Date Received 06/11/2009

Team CITY CENTRE AND EAST

Applicant/Agent Wireframe Studio

Recommendation Grant Conditionally

Subject to:

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

In order to comply with the requirements of the Planning (Listed Buildings and Conservation Areas) Regulations 1990.

2 The building shall not be partially demolished before a binding legal contract for the carrying out of works of redevelopment of the site is made, and evidence of such a contract has been supplied to the Local Planning Authority and planning permission has been granted for such redevelopment.

To ensure that premature demolition does not take place and result in an undeveloped site, some time before rebuilding, which would be detrimental to the visual character of the locality.

3 Before any work on site is begun, including site clearance and demolition works, a search of the building’s exterior stone work using an endoscope, as recommended in Section 6.1 of the Scoping Survey by Wild Scapes (11/11/09), shall be carried out by a suitably qualified person(s) whose credentials shall first be approved in writing by the Local Planning Authority. The objectives of the search shall be:

a) to ascertain whether the building is used by protected species as a living, breeding, roosting or hibernating habitat; b) to provide a schedule of measures to protect or remove any identified habitat of a protected species and shall include details of when such measures shall be carried out;

53 the survey shall be submitted to and approved in writing by the Local Planning Authority before any work, including site preparation works, on site is commenced and any approved measures shall be carried out in accordance with the approved schedule, unless otherwise approved in writing by the Local Planning Authority.

In order to ensure that no harmful effects are caused to the interests of nature conservation in the locality as a result of the proposed development, in accordance with Policy GE11 of the Sheffield Unitary Development Plan and National Planning Guidance as set out in Planning Policy Guidance Note 9 (Nature Conservation).

4 Before any work on site is begun, including site clearance and demolition works, a method statement detailing how the building will be partially demolished, as recommended in Section 6.1 and 6.2 of the Scoping Survey by Wild Scapes (11/11/09), shall be submitted to and approved in writing by the Local Planning Authority. The statement shall detail how demolition will occur in a sensitive manner to prevent any disturbance or fatalities to any unidentified protected species that may be using the building as a living, breeding, roosting or hibernating habitat. Thereafter, the site clearance and demolition works shall be carried out in accordance with the approved statement, unless otherwise approved in writing by the Local Planning Authority.

5 The development must be carried out in complete accordance with the following approved documents:

- Project No. 1253 - Drawing No. 01, rev. P1 - Project No. 1253 - Drawing No. 02, rev. P1 - Project No. 1253 - Drawing No. 03, rev. P3 (received 17/12/09) - Project No. 1253 - Drawing No. 04, rev. P5 (received 17/12/09) - Project No. 1253 - Drawing No. 5, rev P1 (received 17/12/09) - Scoping Survey by Wild Scapes dated 11/11/09 (received 26/11/2009) - Structural Investigation Report by Martin Evans Associates dated 01 June 2009. - Additional letter by Martin Evans dated 27th August and received 27/11/2009. - Tree Survey by Anderson Tree Care Limited dated 20th August 2009 and received 28th September 2009.

Unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

54 Attention is drawn to the following justifications:

1. The decision to grant conservation area consent and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan and adopted Core Strategy set out below:

BE15 - Areas and Buildings of Special Architectural and Historic Interest BE16 - Development in Conservation Areas

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

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

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

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

2. The applicant is advised that the Local Planning Authority has reason to believe that the application site may contain species and/or habitats protected by law. Separate controls therefore apply, regardless of this planning approval.

3. 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

55 www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk.

Site Location

For report please see 09/01765/FUL.

Case Number 09/03378/FUL

Application Type A Full Planning Application

Proposal Erection of two dwellinghouses (As amended 14/12/2009)

Location Lodge Farm Mawfa Crescent Sheffield S14 1AS

Date Received 28/10/2009

Team SOUTH

Applicant/Agent John Knowles - Architectural Design

Recommendation Grant Conditionally

Subject to:

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

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

2 Before the development is commenced, details of the proposed treatment of the existing stone wall around the boundary of the proposed car parking spaces to serve the existing dwelling 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 and the said wall shall be retained.

In order to ensure an appropriate quality of development.

3 Before any work on site is commenced, a comprehensive and detailed hard and soft landscape scheme for the site 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 shall not be used for any other purpose without the prior consent of the Local Planning Authority. 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.

In the interests of the amenities of the locality.

4 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.

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

In the interests of the amenities of the locality.

6 Prior to demolition of the outbuildings attached to the existing dwelling a Bat Survey shall have been carried out and shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter the works shall proceed in accordance with the recommendations of the approved survey.

In order to ensure that no harmful effects are caused to the interests of nature conservation in the locality as a result of the proposed development, in accordance with Policy GE11 of the Sheffield Unitary Development Plan and National Planning Policy as set out in Planning Policy Statement 9 (Biodiversity and Geological Conservation).

7 All areas of external masonry shall be in natural stone and roofs shall be in natural slate, samples of which shall be submitted to and approved in writing by the Local Planning Authority before the commencement of the development. Thereafter the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

8 All windows and external doors shall be set within reveals to match those to the existing dwelling unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

9 The means of vehicular access to the development from Mawfa Crescent shall be retained at a width of 5 metres.

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

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

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

11 The vehicular areas shall be surfaced with permeable/porous material in accordance with details to have first been submitted to and approved in writing by the Local Planning Authority. Thereafter the approved permeable/porous surfacing material shall be retained.

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

12 The development must be carried out in complete accordance with the following approved documents, drawing number 29-67-1A unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas H15 - Design of New Housing Developments BE5 - Building Design and Siting CS26 - Efficient Use of Housing Land and Accessibility CS64 - Climate Change, Resources and Sustainable Design of Developments CS74 - Design Principles

and to all relevant material considerations, including Supplementary Planning Guidance.

59 Attention is drawn to the following directives:

1. The applicant is advised that the Local Planning Authority has reason to believe that the application site may contain species and/or habitats protected by law. Separate controls therefore apply, regardless of this planning approval. Please contact City Ecology Unit Telephone Number 0114 2734481 for more information in this respect.

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

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

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

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

6. 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.

7. 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.

61 Site Location

INTRODUCTION

This application is a full application with details that are very similar to those approved in an outline application for this site in September 2008.

LOCATION AND PROPOSAL

The site is a two storey stone built old farmhouse with attached outbuildings to one side and to the rear on a large site. It is surrounded by two storey c1960 terraced dwellings in relatively small plots on all sides. The site has large garden areas on 3 sides and there is informal parking for at least 4 vehicles directly in front of the outbuildings. The car parking area is separated from the garden immediately in front of the farmhouse by a stone wall. The farmhouse is in good condition but the outbuildings are in very poor condition.

The site is accessed from the end of the highway in Mawfa Crescent and is not particularly prominent in the street scene.

The application is for the demolition of the outbuildings and their replacement with 2 x 2 storey dwellings which will be attached to the farmhouse. The dwellings are in a similar style to the farmhouse, being double-fronted with regular openings and a pitched roof with gable end. Part of the stone wall is proposed to be removed to create 2 car parking spaces within the existing front garden area. 4 spaces are indicated in front of the new dwellings.

RELEVANT PLANNING HISTORY

An application for outline planning permission was granted in September 2008 (ref 08/03707/OUT). With the exception of the landscaping proposals, all details were approved under this application.

Planning permission had previously been granted in May 2007 for the conversion and minor extension of the outbuildings to form a 2 bedroom dwelling (ref.07/01412/FUL).

SUMMARY OF REPRESENTATIONS

1 letter of objection has been received from a neighbour in Mawfa Drive:

- access road to Lodge Farm runs past dwelling on a corner (10 Mawfa Drive) which has parked cars and vans all day and all night – unsuitable access for construction lorries - attached barn inhabited by protected species

PLANNING ASSESSMENT

Land Use Policy

The site lies within a Housing Area as defined in the adopted Unitary Development Plan (UDP). There are no proposals to change the land use designation in the Sheffield Development Framework (SDF) Preferred Options Proposals Map.

The proposals represent a ‘preferred’ use (Housing – Class C3) in accordance with UDP Policy H10 (Development in Housing Areas).

The adopted SDF Core Strategy Policy CS24 (Maximising the Use of Previously Developed Land for New Housing) gives priority to the development of previously developed land for new housing. The site falls within the definition of ‘previously developed’ and the principle of additional housing on this site has been accepted in the previous planning permissions (refs 08/03707/OUT and 07/01412/FUL).

Density

Core Strategy Policy CS26 (Efficient Use of Housing Land and Accessibility) identifies density ranges for new housing development in accordance with national planning policies in PPS3: Housing and regional policies in the RSS for Yorkshire

63 and the Humber. A density of 30-50 dwellings per hectare is expected for this site subject to the character of the area being protected.

The existing single dwelling represents a density of approximately 9.1 units per hectare. The proposals represent a density of approximately 27.3 units per hectare, which is below the minimum 30 units/ha specified but is justified when considering the constraints due to the position of the existing building. This density was accepted in the outline planning permission and remains acceptable in principle, subject to meeting the criteria of relevant adopted policies.

Sustainability

The site is in a sustainable location, being within easy walking distance (less than 400m) of public transport services in Blackstock Road and local shopping facilities in Constable Road.

Core Strategy Policy CS64 (Climate Change, Resources and Sustainable Design of Developments) requires all developments to be designed to reduce emissions of greenhouse gases and use resources sustainably.

The front elevations of the dwellings will face due south and the main habitable rooms will be the depth of the dwellings which will maximise solar gain and passive heating/cooling. Stone from the existing outbuildings will be reclaimed for use in the new development. Overall, the proposals are acceptable in accordance with Policy CS64.

Design

UDP Policies BE5 (Building Design and Siting) and H14 (Conditions on Development in Housing Areas) and Core Strategy Policy CS74 (Design Principles) seek high quality design and satisfactory integration of new developments in their surroundings.

The proposals reflect the design of the original building, being double-fronted with regular openings to the front elevations. The proposed roofing material has been amended from artificial slate to natural slate (as approved in the outline planning permission). The elevations will be built in natural stone which will include stone reclaimed from the existing outbuildings as far as possible.

As approved in the outline planning permission, the proposed dwellings will be set back 1000mm from the front elevation of the existing farmhouse and 300mm from the rear elevation. They will extend approximately 750mm beyond the front elevation of the outbuildings (as previously approved) and 5m beyond the end elevation of the end outbuilding. This is a 1.4m increase in the frontage width of the dwellings in comparison with the outline planning permission. The ridge height has been reduced to the level previously approved i.e. 800mm below the ridge of the farmhouse. The design approach will ensure that the revised dwellings remain subservient to the original farmhouse.

64 The internal layout now includes en-suite shower rooms to the master bedrooms and the bathrooms have been relocated which has resulted in the introduction of an additional first floor window to the front elevations. The additional windows are centrally positioned and do not detract from the symmetry of the development.

In view of the above, the proposals are considered acceptable and in accordance with Policies BE5, H14(a) and CS74.

Residential Amenity

There will be approximately 23m between the rear elevation of the dwellings and the rear elevations of existing dwellings in Mawfa Avenue. This exceeds minimum guidelines. There is mature screen planting to all boundaries with adjoining property and no other properties are affected by privacy issues.

The end elevation has an overall height of 6.7m (excluding chimney). It will be 12m from the rear elevations of the dwellings in Mawfa Drive at the nearest point and angles away slightly from the rear line of those dwellings. This relationship just meets the minimum guidelines for separation for two storey extensions to dwellings as stated in the adopted Supplementary Planning Guidance (SPG): Designing House Extensions. The relationship is tight but owing to the orientation of the building, low roof pitch and level site, the proposals are considered just acceptable having regard to the SPG.

The existing and proposed dwellings will have private garden areas of minimum 12m in length and 140m2 in area which will provide high quality private amenity spaces.

Overall, adequate residential amenity can be provided/maintained and the proposals comply with UDP Policies H14(c) and H15 (Design of New Housing Developments).

Highway Matters

There is currently informal parking for approximately 4 cars to serve the existing dwelling. The proposals indicate 2 open car parking spaces to serve each of the existing and proposed dwellings. This level of provision is considered appropriate and on-site turning will be available to prevent excessive reversing manoeuvres along Mawfa Crescent. Proposed widening of the existing means of vehicular access is to be restricted to 5m rather than the 7m previously proposed. This will result in negligible alterations to the existing access and allows the stone boundary wall to remain intact.

In view of the above, the proposals comply with Policy H14(d).

RESPONSE TO REPRESENTATIONS

Any protected species present within the outbuildings are subject to wildlife legislation. This issue was not raised at outline stage but it is acknowledged that

65 the building could be suitable for bat roosts. A survey can be conditioned and appropriate Directive attached to any planning permission granted.

SUMMARY AND RECOMMENDATION

The proposed development represents a reasonably efficient use of previously developed land in a sustainable location. The design of the two dwellings is sympathetic to the scale and character of the existing farmhouse building and stone from the demolished outbuildings will be reclaimed for use in the development. The orientation of the dwellings will maximise solar gain.

The proposals will provide good quality accommodation and external amenity space for future occupiers and adequate residential amenity can be maintained for neighbours. Adequate provision is made for vehicles.

Overall, the proposals comply with relevant adopted policies and it is recommended that planning permission is granted subject to conditions.

Case Number 09/03239/FUL

Application Type A Full Planning Application

Proposal Use of unit as a restaurant (A3)/bar (A4)/takeaway (A5), erection new shop front and installation of extraction duct to rear and provision of outdoor seating

Location Cardigan House 1 Adelaide Lane Sheffield S3 8BR

Date Received 22/10/2009

Team CITY CENTRE AND EAST

Applicant/Agent Space Studio

Recommendation Grant Conditionally

Subject to:

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

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

2 Before the development is commenced samples of all proposed external 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.

3 The building shall only be used as a bar/restaurant/take away between 0900 hours and 2330 hours Monday to Saturday and 0900 hours to 2300 hours on Sundays and Bank Holidays, except for 18 months from the from the date of this planning approval, when it shall be used as follows:

a) Between 0900 hours and 2330 hours, Monday to Thursday; b) Between 0900 hours and 0030 hours on Fridays and Saturdays; c) Between 0900 and 2300 hours on Sundays.

In the interests of the amenities of nearby residents.

4 The outdoor seating area hereby approved shall only be used between 0900 hours and 2200 hours on any day.

In the interests of the amenities of nearby residents.

5 Before the use of the unit is commenced a scheme of sound attenuation works shall have been installed and thereafter retained. Such a scheme of works shall:

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

b) Be capable of restricting noise breakout from the premises to the street to levels not exceeding:

(i) the background noise levels by more than 3 dBA when measured as a 15 minute LAeq, (ii) any octave band centre frequency by more than 3 dB when measured as a 15 minute Leq,

c) Be capable of restricting noise breakout from the premises to the flats to levels complying with the following:

Bedrooms: Noise Rating Curve NR 25 (2300 to 0700 hours), Living Rooms: Noise Rating Curve NR35 (0700 to 2300 hours), (Noise Rating Curves should be measured as a 15 minute linear Leq at the octave band centre frequencies 31.5 kHz to 8 kHz),

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

In the interests of the amenities of the locality and of the residential occupiers of the building.

6 No amplified sound shall be played within the unit except through an in- house amplified sound system fitted with a sound limiter, the settings of which shall have received the prior approval of the Local Planning Authority.

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

7 No deliveries to the building shall be carried out between 2300 hours and 0700 hours Monday to Saturday and 2300 hours to 0900 hours Sundays and Public Holidays.

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

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

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

9 The development must be carried out in complete accordance with the following approved documents: plan reference numbers 02 and 03 (received on 21/10/2009) and the Kitchen Extraction and Ductwork Specification from Express Catering Equipment Ltd (dated 23/11/2009) unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

10 Prior to the commencement of development details of the sound attenuation measures to be installed within the kitchen extraction and ductwork system shall have been submitted to and approved in writing by the Local Planning Authority prior to installation. Thereafter the approved sound attenuation measures shall be retained.

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

Attention is drawn to the following justifications:

IB5 - Development in General Industry Areas IB9 - Conditions on Development in Industry and Business Areas

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

69 Site Location

LOCATION AND PROPOSAL

The application site comprises one of three vacant commercial units within the ground floor of a new five storey block of flats facing Ball Street, to the north of Ball Street Bridge.

Planning permission is sought for use of the premises as a bar/restaurant and takeaway (Use Classes A3, A4 and A5). The proposal includes the erection of an extract flue to the rear, as well as a new shop front and an outdoor seating area with 16 covers.

RELEVANT PLANNING HISTORY

09/ 01478/FUL Planning permission was granted in July 2009 for the use of unit 2C Adelaide Lane as a shop (Class A1), café (Class A3) and hot food takeaway (Class A5), and for the erection of new shop front and provision of outdoor seating area.

03/01771/FUL Permission was granted in October 2003 for the erection of a 5 storey building with 3 retail/business units and 27 apartments. The building was completed in 2007.

SUMMARY OF REPRESENTATIONS

Two representations were received in connection with the proposed development from occupants of the residential accommodation above unit 2B. Both stated their support for the proposals, however one raised concerns about the potential loss of amenity from noise.

PLANNING ASSESSMENT

Land Use

While the character of the area has changed in recent years, the application site lies within a General Industry Area as defined in the Unitary Development Plan (UDP). Policy IB5 of the UDP (Development in General Industry Areas) describes food and drink uses as acceptable in Industry Areas.

The site is also covered by the Kelham Neepsend Action Plan 2008-2018, which states that the site falls within the mixed use Kelham Riverside Character Area and while there is now a permanent residential community in Kelham Neepsend, there are limited local facilities in terms of shops, healthcare services and places to eat and drink. As such the Plan supports the provision of local services such as food and drink uses and small shops, particularly as part of a mixed use development. The proposed bar/restaurant/takeaway is considered to comply with the aims of the Action Plan.

Residential Amenity

Policy IB9 (Conditions on Development in Industry and Business Areas) requires that residents of nearby housing should not be made to suffer from unacceptable living conditions and whilst this largely relates to industrial noise, the use of the premises as a bar/restaurant has the potential to create noise nuisance for neighbouring residents due to noise breakout from the building and from the street noise generated by customers arriving at and departing from the premises. In order to prevent noise breakout, Condition 18 of the original planning consent (03/01771/FUL) required a scheme of sound attenuation works to be installed in the ground floor commercial units prior to their use for food and drink purposes. To date, this information has not been submitted and this requirement is therefore reserved again by condition.

The applicant has proposed opening hours of 0900 to 0030 Monday to Saturday and 1100 to 0030 on Sundays. Condition 28 of the original consent restricted the opening hours of any food and drink uses to between 0900 and 2330 Monday to Saturday and 0900 to 2300 hours on Sundays and Bank Holidays which reflects the generally quiet, residential character of this part of Kelham, particularly in the evenings, although it is noted that some of the remaining industrial uses in the area

71 generate noise throughout the night as these premises have no limits on their hours of operation.

In considering the opening hours, Guideline 10 of the City Centre Living Strategy (CCLS), which was adopted by the Council as supplementary planning guidance in 2004, states that, in locations where the residential amenity of residents will not be seriously affected, an extension of food and drink use hours may be appropriate. However, in order to prevent undue disturbance in the quieter mainly residential areas of the city centre, opening hours should generally be restricted to 0030. Similarly, the Council’s Interim Planning Guidance (IPG) on Night Time Use (2005) identified areas of the city centre where hours of opening are restricted to a 0030 maximum in order to safeguard residential amenity.

The application site falls just outside the boundaries of the CCLS and the IPG. Moreover, the character of the area is increasingly residential and generally considered to be quiet during the night time hours. As such it is considered that a 0030 closing time 7 days a week would be harmful to the occupants of the adjoining residential accommodation. However, given the proximity of the site to the city centre, and in the spirit of the CCLS and the IPG, a closing time of 0030 on Friday and Saturday for a temporary period of 18 months from the date permission is granted is considered to be an acceptable compromise and will be secured by means of a planning condition.

Fume Extraction

The application includes proposals for the erection of an approximately 500mm diameter extract duct on the rear elevation of the building, terminating at roof level. The building’s rear elevation faces onto a large, hard surfaced courtyard which, whilst it contains the resident’s parking area and bin stores, is relatively free from clutter. The residential accommodation is also accessed via this private courtyard.

The proposed flue is located on the side elevation of one of the timber clad stair towers and extends from ground level to the roof of this 5 storey building. Originally proposed with a galvanised metal finish, the proposals have changed to a powder coated finish in dark grey to match the doors and window frames. It is considered that the dark grey finish will help the flue to blend in more subtly and, whilst it will still be visible to users of the courtyard, it will be hidden from view from the public highway and so will have little impact upon the character of the area.

The applicant submitted a detailed specification of the kitchen extraction and ductwork equipment, which is considered to be suitable for controlling noise and odours. Implementation of the development in accordance with this specification is reserved by condition.

Access for People with Disabilities

The proposals show a 1 metre wide door, a counter with a lowered section and recess below, and a disabled WC with the required 1500mm turning circle. It is therefore considered that the access provision is acceptable.

72 Design of Shop Front

The proposed shop front is similar to the approved frontage on the adjacent unit and incorporates full height windows and door and a grey powder coated aluminium frame to match the windows of the flats above. This simple treatment is considered acceptable and in keeping with the host building and the wider area. An awning is proposed over the forecourt, and this is also considered acceptable.

Outdoor Seating

The outdoor seating is arranged to allow access to the door and tables by people using wheelchairs. An existing wall defines the boundary to the pavement. A condition is proposed limiting the use of the outdoor seating area to between 0900 and 2200 hours to protect the amenity of nearby residents.

RECOMMENDATION

The proposed bar/restaurant/takeaway is an acceptable use in policy terms and, subject to conditions controlling hours of use and fume extraction, it should make a positive contribution to the character of this emerging mixed use area. Members are recommended to grant planning permission subject to the proposed conditions.

Case Number 09/03158/FUL

Application Type A Full Planning Application

Proposal Provision of temporary buildings to provide teaching and reception accommodation during school refurbishment

Location All Saints Roman Catholic School Granville Road Sheffield S2 2RJ

Date Received 09/10/2009

Team SOUTH

Applicant/Agent Elliott Modular

Recommendation Grant Conditionally

Subject to:

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

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

2 The temporary structures and infrastructure shall be removed on or before 4th January 2012.

In the interests of the amenities of the locality.

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

In the interests of satisfactory and sustainable drainage.

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

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

74 5 Following the removal of the temporary structures, the ground shall be made good and restored to its former state.

In the interests of the amenities of the locality.

6 The development must be carried out in complete accordance with the following approved documents:

EG08264-301 D received on 09/Oct/2009 EG08264-101 H received on 09/Oct/2009 EG08264-110 E received on 09/Oct/2009 EG08264-141 D received on 09/Oct/2009 EG08264-201 C received on 09/Oct/2009 EG08264-202 C received on 09/Oct/2009 AS_B(91)3001 P1 received on 09/Oct/2009 AS_B(91)3002 P1 received on 09/Oct/2009

Unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

CF1 - Provision of Community Facilities BE5 - Building Design and Siting

and to all relevant material considerations, including Supplementary Planning Guidance.

75 Site Location

LOCATION AND PROPOSAL

The application site relates to All Saints Catholic High School, which is located approximately half a mile from the city centre. The site is in the ownership of the Diocese of Hallam and measures approximately 6.47 hectares in size. It is currently occupied by the secondary school which has access to major indoor and outdoor sports facilities (Goals Soccer Centre) recently built.

The existing teaching accommodation requires significant remodelling with some expansion to meet future needs. The site is also the preferred location for the Councils Special Educational Needs (SEN) strategy, combining the existing East Hill Secondary School and the secondary phase of Oaks Park School. Seven Hills will provide secondary age pupils with severe learning difficulties, complex needs and profound and multiple learning difficulties with similar provision to the new Talbot School. Through co-location the aim is to provide innovative opportunities

76 for both schools to exploit and maximise inclusive learning. The two schools are to be linked physically and will share key elements of accommodation.

Planning permission was granted at the City Centre South and East Area Planning Board on the 2nd November 2009 for the erection of a two-storey teaching building, two-storey extension to and refurbishment of existing building and erection of a two-storey dwelling house for use by caretaker.

This application seeks permission to erect:

5 temporary single storey classroom blocks that are to be located to the south of the existing school building on the play field to the following specifications

Block A – 84 metres x 12.8 metres Block B – 63 metres x 10.6 metres Block C – 54 metres x 10.6 metres Block D – 66 metres x 10.6 metres Block E – 18 metres x 10.6 metres

It is also proposed to install a Calor Gas Compound located to the south west of the existing school buildings measuring 9 metres x 7 metres and a reception unit built within the existing school buildings close to Granville Road measuring 9.7 metres x 3.1 metres.

It is anticipated that the classrooms will be on site for approximately two years.

RELEVANT PLANNING HISTORY

There is an extensive planning history to the site; however the most relevant applications are listed below:

Planning permission was granted in 2009 for the erection of a two-storey teaching building, two-storey extension to and refurbishment of existing building and erection of a two-storey dwelling house for use by caretaker. 09/02534/FUL.

Planning permission was granted in 2004 for the erection of an indoor sports hall and ancillary accommodation including 10 x 5-a-side artificial grass outdoor pitches and associated infrastructure. 04/00450/FUL.

Planning permission was granted in 1992 for the erection of a 2 storey teaching block and link bridge, construction of car park and pedestrian access and widening of vehicular access. Application No. 92/00907/FUL.

A number of temporary consents have been granted for the siting of temporary class room buildings.

SUMMARY OF REPRESENTATIONS

No representations have been received following neighbour notification.

PLANNING ASSESSMENT

CF1 Provision of Community Facilities states: The provision of community facilities which are readily available to all Sheffield people will be promoted, particularly where they would: a. be easily accessible by public transport; and b. be located within the community they are intended to serve

It has already been accepted at full planning application stage that the co-location of the existing All Saints Catholic School and Seven Hills operating as one school campus with improved facilities (and that Seven Hills relocating to the site is a special needs school) and given also that there is a desire to allow better use of those facilities by the wider community, it is felt that this proposal is fully compliant with Policy CF1 of the development plan.

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

In view of the above, it can reasonably be concluded that there is need for the new school building and hence a requirement to provide interim schooling facilities whilst construction and fitting out of the new build is implemented.

Design Issues

The main class room blocks are single storey in height and are located on the school playing field and as such are not visible from the highway. The temporary reception unit is positioned in line with the front of the school buildings, with easy access from Granville Road, and is relatively small in scale. The temporary buildings are grey in colour with dark green doors, and white window frames.

It is considered that the proposed development, taking into account its temporary nature, will not have a detrimental impact on the character of the school grounds, or wider street scene.

Residential Amenity

The school is bound by mature greenery, a tall stone boundary walling, and Granville Road and Norfolk Park Road. The proposed temporary class room buildings are over 150 metres away from the closest residential dwelling, and over 60 metres away from Beech Hill Nursing Home. As such it is not considered that their physical presence will result in any dis-amenity to residents. The use of the temporary classrooms is commensurate with the existing site and it is not considered that any noise or disturbance issues will arise above and beyond those that are already in existence.

78 Highways Issues

There are no issues arising with regard to the principle of the proposal. Details of construction traffic and site build are controlled through conditions on the planning application 09/02534/FUL for the alterations and extensions to the school.

Landscape Issues

The proposal would not compromise any trees of significant public amenity value. Areas of open green space that would be damaged by the presence of the temporary buildings would need to be restored upon removal of said units and returned to playfield.

Drainage Issues

There have been no objections raised from Yorkshire Water, providing that a number of conditions are attached to any approval. There is an existing problem with a culvert running through the school grounds (and within the surrounding area). The Councils Land Drainage section is currently in the process of informing the relevant owners of the defects identified. The proposed development is acceptable in principle providing that there is no additional discharge from the school site to the watercourse culvert. This can be controlled through a relevant condition, and can be achieved through the school implementing their requirement for a reduction in surface water run off, of 30% prior to the temporary buildings being occupied.

SUMMARY AND RECOMMENDATION

The development will provide learning facilities during the demolition and new build phases of Building Schools for the Future programme for the school.

It is accepted that the proposal will have a temporary adverse affect on the open character of the playing fields, however once the temporary buildings are removed and the playing fields are made good, the open character will be restored.

It is therefore recommended that the proposed development is granted planning permission, subject to conditions.

Case Number 09/03136/RG3

Application Type Application Submitted by the Council

Proposal Erection of a single-storey building for use as a youth club (Use Class D1), construction of a floodlit multi use games area, including associated car park and landscaping - full application under Reg 3 (1992)

Location Lowfield Park Asline Road Sheffield

Date Received 09/10/2009

Team SOUTH

Applicant/Agent Sheffield City Council

Recommendation Grant Conditionally

Subject to:

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

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

2 The building and multi-use sports pitch shall not be used unless the car parking accommodation for 18 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.

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

3 Before the development is commenced, details of the proposed surfacing and layout of the access and footways shall have been submitted to and approved in writing by the Local Planning Authority. The building and multi- use sports pitch shall not be used unless the car parking accommodation has been provided in accordance with the approved plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

80 4 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 shall not be used for any other purpose without the prior consent of the Local Planning Authority. 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.

In the interests of the amenities of the locality.

5 The Local Planning Authority shall be notified when the landscape works are completed.

To ensure that the Local Planning Authority can confirm when the maintenance periods specified in associated conditions/condition have commenced.

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

In the interests of the amenities of the locality.

7 The windows shall consist of timber frames with timber opening casements. The glazing pattern, the thickness and profile of the frame and glazing bars and the reveal depth shall match those of the existing windows in the property and the windows shall be finished in gloss paint

In the interests of biodiversity.

8 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 and shall thereafter be retained. Prior to works commencing on site, 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 and unless otherwise agreed in writing shall include a substrate based growing medium of 80mm minimum depth incorporating 15-25%

81 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.

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

In the interests of biodiversity.

10 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.

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

In order to ensure an appropriate quality of development.

12 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 building 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.

13 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 following will be provided:

(a) A minimum of 10% of the predicted energy needs of the completed development being obtained from decentralised and renewable or low carbon energy; and (b) The generation of further renewable or low carbon energy or incorporation of design measures sufficient to reduce the development's overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy to satisfy (a)

Any agreed renewable or low carbon 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

82 occupied and a post-installation report shall have been submitted to and approved in writing by the Local Planning Authority to demonstrate that the agreed measures have been installed. 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, in accordance with Sheffield Development Framework Core Strategy Policy CS65.

14 The development hereby approved shall be constructed to achieve a minimum rating of BREEAM ‘very good’ and before the development is occupied (or within an alternative timescale to be agreed) the relevant certification, demonstrating that BREEAM ‘very good’ has been achieved, shall be submitted to and approved in writing by the Local Planning Authority.

In the interests of mitigating the effects of climate change, in accordance with Sheffield Development Framework Core Strategy Policy CS64.

15 The synthetic turf pitch hereby permitted shall be constructed in accordance with Sport England/NGB Technical Design Guidance Notes to include 'Access for Disabled People 2002' unless otherwise agreed with the Local Planning Authority in consultation with Sport England.

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

16 No buildings/structures shall be erected within three metres of the public sewer.

To ensure satisfactory drainage arrangements.

17 No buildings/structures shall be erected within three metres of the watercourse.

To ensure satisfactory drainage arrangements.

18 No new tree planting shall be located within 5 metres either side of the centre line of the sewers or water main which crosses the site.

To ensure satisfactory drainage arrangements.

19 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.

83 20 The development must be carried out in complete accordance with the following approved documents received 08.10.2009

AL (O) 14 AL (O) 04 AL (O) 02 AL (O) 13 AL (O) 11 AL (O) 01 AL (O) 10 AL (O) 12 AL (O) 15 AL (O) 03

Unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

21 Before the development is commenced, full details of suitable and sufficient cycle parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority and the building and multi-games pitch 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.

22 Prior to any works commencing on site full details of the following shall be submitted to and approved in writing by the Local Planning Authority and the construction shall only be progressed in accordance with the approved details:

i) Construction method statement ii) Site safety iii) Construction vehicle ingress and egress iv) Location of the site compound and temporary car parking arrangements for contractors v) Vehicular routes for construction traffic vi) Details of temporary Traffic Regulations Orders

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

23 The multi games area shall only be used between 0800 hours and 2230 hours on any day.

In the interests of the amenities of the locality.

84 Attention is drawn to the following justifications:

LR5 - Development in Open Space Areas CF1 - Provision of Community Facilities BE5 - Building Design and Siting BE15 - Areas and Buildings of Special Architectural and Historic Interest GE15 - Trees and Woodland BE7 - Design of Buildings Used by the Public CS47 - Safeguarding Open Space CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction CS67 - Flood Risk Management

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

85 Site Location

LOCATION AND PROPOSAL

This application relates to an area of public open space that lies between Queens Road and Asline Road, Lowfields. To the west is Asline Road with housing beyond and along the edge of the application site is an embankment with a line of mature trees on top. At the south west corner is Lowfields Junior School and to the south east is Queens Road. Between this road and the site is a vacant site, which has planning consent for apartments, and the Earl of Arundel and Surrey Public House. There is also a vacant building and a small former car lot between the site and Queens Road. To the north is further open space and trees, at a higher level outside the application site, with Bramall Lane beyond.

Within the site there are footpaths along all edges of the site apart from the western edge and there is a cycle way running along Asline Road on the side where the application site is. Most of the site is level but there is an embankment that leads up from Harrington Road, a short cul-de-sac at the rear of the Earl of

86 Arundel and Surrey, to the open space. There is also a link through from the site to a bus stop on Queens Road.

This application is for a single storey building for use as a youth club and changing rooms and the construction of a multi-use games area located in part of the open space including associated car parking and landscaping.

The building would, in brief, be cut into the wooded embankment that runs parallel with Asline Road and this would face towards the open space and have a green roof. The multi-use games area would lie in an east/west orientation in the northern part of the site, leaving the rest as a level, grassed space. A new vehicle access point is proposed from Asline Road to the north of the school that would serve a new car park on the south eastern part of the site.

REPRESENTATIONS

19 letters from local residents have been submitted, all expressing support for the scheme. Two other letters also express support for the principle of the application but also set out some concerns:

- the amount of additional traffic that will be generated - how much green space will be left after the multi-games pitch is in place - the facility would be better for all ages, not just under 19’s.

PLANNING ASSESSMENT

Land Use Policy

The adopted Unitary Development Plan (UDP) shows that the site is allocated for open space. Policy LR5 deals with Development in Open Space Areas and this states that development in open space will not be allowed if it would result in the loss of mature trees, it would harm the character of public space or it would harm the character of the area.

The Sheffield Development Framework Core Strategy has been adopted and Policy CS47 – Safeguarding Open Space – says that development of open space will not be permitted where it would result in a quantitative shortage of either informal or formal open space. Development would only be permitted where the development would be ancillary to the open space and has a minimal impact on the use or character of the open space.

Policy CF1 of the UDP deals with the Provision of Community Facilities and promotes the improvement of facilities, particularly in areas where there is a shortage. Recent information shows that there is a shortage of open space in the area around the application site and the principal of the improvements to the quality and range of potential recreation uses on the site would be supported by Policy CF1.

87 Layout, Design and External Appearance

Policy BE5 of the UDP deals with Building Design and Siting and good design and the use of good quality materials is expected.

The new building proposed is a single storey flat roofed structure that would be part cut into the embankment that runs along the western side of the site with trees on the boundary with Asline Road. It would minimise the loss of useful recreation space and space on top of the building, accessed from the mounds would create extra usable space. The elevation facing onto the park would be glazed from the roof to the floor. The remainder of this east facing elevation would be hardwood timber cladding, galvanised security screens and standing seam, zinc cladding at fascia level above the windows. Window frames would be grey aluminium. The north and south facing gable ends would be random stone with a circular feature in each one containing a steel infill grating panel.

Access to the roof area from the mounds would be made safe by using galvanised balustrading with steel grille infill panels which would be around three sides.

The building specifications are of a high quality and the use of stone and timber would complement the open and wooded setting. The use of tall windows would allow light in and maximise views across the sports and open space areas.

The proposed building meets the criteria of Policy BE5 of the UDP.

The building would be known as ‘The Peoples Place’ and contain a variety of internal spaces. There would be an aerobics dance studio, access to recording studio technology and other spaces geared towards creativity. This would link in to the multi-games sports pitch and the fitness trail located close by outside. The building would also accommodate changing rooms, meeting rooms, offices and toilets.

The multi-use games pitch would be 60 metres by 45 metres with netting around that would be 4.5 metres high and this would be floodlit. The masts would be 10 metres high. One would be located at each corner and the remaining two in the middle, either side of the north and south sides of the pitch.

The siting of the pitch has maximised the available space as it is orientated across the northern end of the open space area leaving a substantial area for informal use in the southern half of the application site. A Fitness Trail is proposed around the perimeter of the remaining open space and an informal goal post and wicket would be located centrally on the southern edge of the multi-games area that would serve informal sports in the informal grassed open space.

The introduction of the 10 metre high floodlight poles, the lighting and the 4.5 metre high fencing around the pitch would alter the character of the area. However, existing trees on the north and west sides of the pitch would continue to dominate and screen these. Additional trees on the eastern side would provide additional, partial screening. Also, the ground level of the proposed pitch is significantly lower than the embankments to the north and west, which will help in the screening.

The southern edge of the application site runs along the edge of the adjoining Lowfields Junior School. At this point a new vehicle access point leads from Asline Road to a car park located close to Queens Road. This also incorporates footpath links within the site, with the school and the bus stop on Queens Road. The car park would be screened by trees along the edge of the car park and the access road. Contrasting materials are proposed for the surfaces which would complement the proposed building, the green setting and the, mainly, stone exterior of the school.

The layout, design and external appearance are considered to have been well thought through and of good quality and meet the criteria of Policy BE5 of the UDP.

The overall quality of the open space and sports provision would be significantly improved and the needs of the younger people in the local community would benefit significantly from this proposal. Consequently, it is considered that Policies CF1 of the UDP and CS47 of the Core Strategy have been satisfied. The loss of grassed space is more than compensated for by the improved sports and community facilities.

Members should be aware that Sport England have been consulted and they support this application.

Sustainability

Policies CS64 and CS65 of the Core Strategy deal with climate change, sustainable design, renewable energy and carbon reduction. Policy CS64 expects buildings to achieve a high standard of energy efficiency and to minimise the impact on existing renewable energy installations and Policy CS65 requires significant development to provide a minimum of 10% of their predicted energy needs from renewable or low carbon energy and generate further renewable or low carbon energy or incorporate design measures sufficient to reduce the development’s overall predicted carbon-dioxide emissions by 20%.

The applicants have stated in supporting information that the BREEAM building target is very good and that the following measures would be incorporated to achieve this target:

- highly insulated, air-tight envelope - reduction in water and space heating - low capacity and low energy fittings - maximum possible insulation - green roof

The details have not been submitted in support of the building target but this can be effectively controlled by conditions which would satisfy the policy criteria.

89 Transport, Highways and Access

The new access is taken off Asline Road, which is one-way travelling towards the city centre. This would be a ‘right in’ and ‘right out’ arrangement and the visibility to the left is acceptable. The car park for 18 spaces including 1 disabled space at the end of the access road would serve both the sports proposal and the school. It is likely that the school would be able to use the car park in the day with sports usage concentrated in the late afternoon and evening.

Two further disabled spaces are proposed close to the access but also close to the entrance to the new building.

A separate pedestrian system is also proposed. A footpath alongside the new access road would link Asline Road to the bus stop in Queens Road and also to the existing footpath that runs along the eastern side of the open space. There would also be a new footpath link from within the school leading to the open space area. There would be a raised area in a contrasting surface where it crosses the access road, close to the car park. A footpath would run along the front of the building.

The possibility of a ‘toucan’ crossing on London Road near to the school entrance was explored but this is to be provided separately under alternative funding.

The traffic levels in the area are high, particularly during the morning and evening peaks. The extra traffic likely to be associated with the proposal would not significantly impact on this.

Impact on Neighbour’s Amenities and Character of the Area

Policy CS47 of the Core Strategy says that development should have a minimal impact on the character of the area. There will be a change to the area or there will be a new building and a new sports pitch with fencing and floodlights.

The new building would be completely screened from Asline Road and Bramall Lane because of the trees and embankments and would be set well back from Queens Road. Also, there is a planning consent for apartments, four storeys high, on the vacant site next to the public house. When this is built it would screen the building and pitch from Queens Road.

The pitch and lighting would be part screened from surrounding development by the trees and embankments and the pitch has been orientated so as to minimise its impact on the character of the area and on the amenities of existing residents.

Existing residents would not have their amenities harmed because the houses on the other side of Asline Road would be screened by the trees and embankments. The pitch would be a minimum of 50 metres from these houses so as not to cause problems with noise from those engaging in sports activities. A condition would limit the hours of use to 22.30 hours each evening.

90 There is a planning consent in place for apartments on the vacant site to the south east of the site. The main living areas have windows overlooking the application site and the direct views towards this will be onto the remaining grassed area and the southern side of the football pitch. The applicant has submitted plans showing the spread of light from the floodlights and this would be limited to an area within and close to the edge of the pitch. The floodlights would be visible from the flats but, given the level of activity in the area, particularly on Queens Road, it is considered that they would not have an unacceptable impact on future occupiers. Any limited impact on their amenities would be outweighed by the benefits to the community.

Relationship with Lowfields Junior School

The school is a former Board School, of historic value and is a Grade 2 Listed Building. Policy BE15 of the UDP seeks to protect the character and setting of listed buildings. Development which would have a detrimental impact on this would not be acceptable.

The car park would be the nearest part of the proposal to the school, but this would have a very limited impact on the character of the school buildings. The flank wall of the new building facing the school would be of stone, complementing the stone exterior of the school. The floodlit pitch would be too far away to impact on the character and setting.

The provisions of Policy BE15 in relation to Lowfields School are, therefore, satisfied.

The school will benefit from the proposal because the children would be able to use the new facilities and the staff and visitors could use the new car park. The existing parking facilities at the school are currently very limited.

Trees and Landscaping

Policy GE15 of the UDP seeks to encourage the retention of trees and woodland and new planting by way of new development, amongst other things.

The applicant has submitted a detailed tree survey and this sets out the condition of trees, those to be retained and those to be lost.

The applicant has also submitted a landscape Masterplan which shows a number of aspects of the proposal. These can be summarised as follows:

- there would be a green roof on top of the building including planting and hard surfacing to allow viewing across the open space and multi-games pitch - the embankment to the north and east of thee multi-games area will be regraded to create terraced seating areas - additional play equipment will be introduced to the northern part of the site between the multi-games pitch and Bramall Lane

91 - terraced sitting walls would be introduced next to the footpath leading to the school for use by schoolchildren - locations of retained and new trees

The landscaping proposals are considered to be acceptable, subject to conditions.

Disabled Access

Policy BE7 of the UDP deals with the design of buildings used by the public and this expects people with disabilities to have safe and easy access to the buildings.

The applicant has made a strong commitment to disabled access within the design of the scheme but there are a number of remaining details that need to be resolved. These relate to such issues as the precise location of disabled parking, details of the pedestrian routes, ramps, handrails and sliding doors. These can all be controlled by an appropriate condition.

Flood Risk

Policy CS67 of the Core Strategy deals with Flood Risk Management and all developments are required to significantly limit surface water run-off, use sustainable drainage systems and ensure that vulnerable uses are not located in areas of high risk of flooding.

The site is over 1 hectare in size and falls within medium risk flood zone 2 so a full Flood Risk Assessment is required. The original submission was in draft form and omitted certain information, including the finished floor level of the ‘People’s Place’ building. This information is necessary to allow the Environment Agency to carry out a full assessment. Other information is required that relates to calculated water levels of the River Sheaf and flood plain volumes.

The Environment Agency have objected to the Flood Risk Assessment because it falls short of the information required to allow a full assessment to be carried out.

At the time of writing this report the applicant had submitted a full Flood Risk Assessment and this was being considered by the Environment Agency. Officers are confident that the findings can be presented to Members in the form of a Supplementary Report on the day of the Board.

RESPONSE TO REPRESENTATIONS

The letters of support are welcomed.

The amount of additional traffic would not impact on the existing traffic levels.

A significant amount of green space would remain after the development was put in place, enough to allow informal sport to take place.

92 SUMMARY AND RECOMMENDATION

This application proposes a new building known as ‘The People’s Place’ and a multi-games sports pitch that would have netting around and floodlights. The building would be part cut into the existing embankment and would face into the site. This has a good quality design specification including a green roof. The multi-games sports pitch would be located in the northern part of the open space area leaving a large part of this as a more informal grassed area. The netting and floodlights would not cause significant harm to existing or future residents and the embankments and trees to the north and west would provide effective screening.

The much improved sports and community provision, supported by Sport England, will provide benefits to the people of this area and to the children of Lowfields Junior School. This would significantly outweigh any change in the character of the area resulting from this proposal.

All aspects of the application are considered to be acceptable and in accordance with the policy criteria set out in this report, with the exception of the Flood Risk Assessment, which is still being assessed. Your officers are confident that this will be resolved in time for the findings to be presented to the Board in the form of a Supplementary Report.

The application is, therefore, recommended for conditional approval.

Case Number 09/02950/FUL

Application Type A Full Planning Application

Proposal Use of unit as cafe (Use Class A3) with ancillary office accommodation and formation of door opening in side elevation

Location 1 Green Lane Shalesmoor Sheffield S3 8SJ

Date Received 25/09/2009

Team CITY CENTRE AND EAST

Applicant/Agent Coda Studios Ltd

Recommendation Grant Conditionally

Subject to:

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

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

2 The cafe shall be used for the above-mentioned purpose only between 0730 hours and 2100 hours on any day.

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

3 Prior to the installation of any apparatus for the arrestment and/or discharge of kitchen fumes and odours, written details thereof shall have been submitted to and approved by the Local Planning Authority. After installation, such equipment shall be retained, operated and maintained for the purpose for which it was installed.

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

4 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

94 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.

5 No amplified sound shall be played within the building except through an in- house amplified sound system fitted with a sound limiter, the settings of which shall have received the prior written approval of the Local Planning Authority.

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

6 No deliveries to the building shall be carried out between the hours of 2300 to 0700 hours Monday to Saturday and 2300 hours to 0900 hours Sundays and Public Holidays.

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

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

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

8 The development must be carried out in complete accordance with the following approved documents, drawing numbers 1676-025, 1676-001, 1676-002, 1676-004 and 1676-010 unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

IB5 - Development in General Industry Areas IB9 - Conditions on Development in Industry and Business Areas BE16 - Development in Conservation Areas

and to all relevant material considerations, including Supplementary Planning Guidance.

95 This informative is intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report by contacting the Planning Records section on 2734220 or by visiting Sheffield City Council’s website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

Attention is drawn to the following directives:

Site Location

LOCATION AND PROPOSAL

The application site is located on the southern side of Green Lane, between Bowling Green Street and Ebenezer Place. It comprises of a vacant ground floor retail unit within the largely residential three to four storey development known as Cornwall Works.

The unit, which lies within the Kelham Island Conservation Area, has been empty since Cornwall Works was completed in 2007. Consent is now sought for use of the unit as a café with ancillary office accommodation. The proposals include the formation of a new door opening within the south east facing side elevation of the unit to serve the proposed office accommodation.

RELEVANT PLANNING HISTORY

04/04614/FUL Planning permission was granted in October 2005 for the retention, extension and conversion of buildings to form 65 apartments, a ground floor retail unit (Use Class A1), and associated car parking accommodation.

SUMMARY OF REPRESENTATIONS

One representation was received from a local resident in support of the proposals.

PLANNING ASSESSMENT

Land Use

The application site lies within a General Industry Area as defined in the Unitary Development Plan (UDP). Policy IB5 of the UDP (Development in General Industry Areas) describes food and drink uses and offices as acceptable in Industry Areas.

Like many other parts of the city centre, the Kelham area has experienced rapid changes over the last few years. The Council has prepared a series of Action Plans to provide up to date planning guidance in response to these development pressures. The application site is covered by the St. Vincent’s Action Plan 2004- 2014, which states that the site falls within a Housing Opportunity Area in which food and drink and business uses are considered to be an acceptable use. As such the proposed café and ancillary office accommodation are considered to be acceptable land uses in policy terms.

Flood Risk

The application site lies within Flood Zone 2 on the Environment Agency flood maps and has flooded in the past. However, this is an existing retail unit and both the existing and proposed uses fall within the same vulnerability class (i.e. less vulnerable) such that there is no requirement for the Environment Agency to comment on applications of this nature. The applicant has submitted details of an evacuation route in the event of a flood.

Residential Amenity

Policy IB9 of the UDP (Conditions on Development in Industry and Business Areas) requires that residents of nearby housing should not be made to suffer from unacceptable living conditions. The applicant has proposed opening hours of 0730 to 2100 hours seven days a week (reserved by condition) and, while they intend to install a music system within the café, it will be subject to an appropriate noise condition. It is therefore considered unlikely that occupants of the adjoining flats would suffer from any loss of amenity through noise.

The applicant intends to extract fumes from the café via an exhaust system to be installed within the existing shop front. The vent has been sited so that it is not situated beneath any habitable room windows and it is considered that the visual impact of the system will be minimal. However, a condition is proposed requiring full details of the fume extract system to be submitted and approved prior to the use of the café commencing.

Impact on Conservation Area

The site lies within the Kelham Island Conservation Area. Policy BE16 requires development to preserve or enhance the character or appearance of the Conservation Area. The only changes to the existing elevations are the insertion of a new door opening in the side elevation facing onto Bowling Green Street and the installation of an extract grill within the shop front. It is considered that these minor alterations will not impact upon the visual amenities of the Conservation Area. Indeed, it is considered that bringing this vacant unit into use will have a positive impact upon the character and appearance of the Kelham Island Conservation Area.

RECOMMENDATION

The proposed café and ancillary office accommodation are considered to be appropriate uses of this currently vacant retail unit and a welcome addition to the life of this emerging mixed use area. Members are recommended to grant planning permission subject to the proposed conditions.

Case Number 09/02177/CHU

Application Type Planning Application for Change of Use

Proposal Use of building as sandwich shop and for the sale of takeaway hot and cold food (Retrospective)

Location Sandwich Short Of A Picnic 601 City Road Sheffield S2 1GP

Date Received 08/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Miss J Gladwin

Recommendation Grant Conditionally

Subject to:

1 The property shall not be used for the use hereby approved on any Sunday and shall be used only between 0730 hours and 1500 hours on any other day.

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

2 The preparation of hot food on the premises shall be limited to the use of an electric griddle, convection oven, sandwich toasting griddle, toasters, microwave ovens, a bain-marie, pie warmer, electric hob ring and similar small items of domestic food heating equipment.

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

3 A suitable receptacle for the disposal of litter shall be provided in accordance with details to be submitted to and approved in writing by the Local Planning Authority within one month of this decision.

In the interests of the amenities of the locality.

99 Attention is drawn to the following justifications:

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

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

100 Site Location

LOCATION AND PROPOSAL

The application seeks retrospective planning permission to use a former retail shop occupied by City flooring (Use Class A1) to sell hot and cold sandwiches and hot breakfast sandwiches to take away (Use Class A5). The amount of hot food to be sold precludes the use being a sandwich bar/shop (Use Class A1)

The application site is located on the northern side of City Road on the Super Tram route and comprises the ground floor of an end terraced property. The property has a small forecourt to its frontage and a shop display window facing City Road. To the rear of the site is a yard area. The application site is in an allocated Housing Area as defined in the Unitary Development Plan (UDP).

The site adjoins a residential dwelling and there is a flat at first floor. However the locality is commercial in nature. Within the row of terraces as well as the application site there is a further sandwich shop (609-611 City Road) and a hairdresser (615 City Road) interspersed with the terraced housing on the north

101 side of City Road. Opposite the site is a drive thru restaurant (A3/A5), convenience store (A1) and the Arundel Club (D2).

RELEVANT PLANNING HISTORY

No relevant planning history

SUMMARY OF REPRESENTATIONS

No letters of representation have been received.

PLANNING ASSESSMENT

Land Use and Dominance

The site is located in a Housing Area as defined in the UDP. Policy H10: Development in Housing Areas identifies Housing (C3 uses) as the preferred use of land. Food and drink uses (Use Class A3/A5) are also considered acceptable within the policy area subject to the provisions of other UDP policies.

The principle of accepting an A5 use, however must be considered in light of Policy H14: Conditions on Development in Housing Area, which amongst other issues seeks to ensure that non housing uses are of a scale consistent with the residential character of the area and that such uses do not prejudice the dominance of preferred uses in the policy area. Dominance is defined at Appendix 1 of the UDP as a level of development sufficient to help secure an adequate supply of preferred use (or uses) for the city wide needs in appropriate locations, and to establish or maintain the distinctive character and role of the area. This will usually mean that non preferred uses do not occupy more than half of the area. The scale of the proposal is considered acceptable in the policy area and the dominance of preferred housing uses, which occupy large swathes of land to the north and east of the site, is unaffected by the proposed change of use.

Design

Policy H14 (c): Conditions on Housing Areas, seeks to ensure that new developments are well designed and of a scale and nature appropriate to the site.

Based on the nature of the operation, which uses predominately domestic cooking equipment, full mechanical ventilation is not required. However the applicant has installed a small flush fitted extraction grill in the rear wall of the property. The flue is well integrated with the building and due to its size, position and design is considered a minor alteration not requiring planning permission.

Amenity Issues

Policy H14 (b): Conditions on Development in Housing Areas states that new developments or change of use applications will only be acceptable if they do not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions, including air pollution & noise.

102

As identified earlier in the report the cooking equipment used in the shop is predominately domestic and significant mechanical extraction is not required to remove cooking odours. As such the proposal is not considered to affect the amenity of residents by way of air pollution. In order to prevent any potential future odour nuisance occurring, as a result of variations to the applicants operation of the business, a condition will be attached limiting the type of cooking equipment that can be used in the premises.

In relation to noise and disturbance, the sandwich shop will only be open in the day between the hours of 0800 and 1430 Monday to Saturday. As such the proposal is not considered to give rise to any potential for late night disturbance that would harm the amenity of adjoining residents. Therefore subject to conditioning hours of use between 0730 and 1500 to allow time to prepare before opening and clean down after finishing serving customers, the proposal is considered to comply with Policy H14.

Highways

Policy H14(d): Conditions on Development in Housing Areas, seeks to ensure that development provide safe access to the highway, appropriate parking and does not endanger the safety of pedestrians. The site is located in a highly sustainable location accessible by tram and bus. Given the nature of the use it is considered that it will predominately serve local residents and businesses, whereby customers will walk from the surrounding areas to the site and therefore not generate volumes of traffic that would be harmful to highway safety. There is ample on street parking in the vicinity and any passing vehicle trade can park in the allocated parking lay- bys to the east of the site on City Road.

The proposal is therefore not considered to detrimentally affect highway safety and therefore complies with Policy H14.

Refuse and Litter

A bin will be conditioned to be provided for any customers leaving the premises, to prevent the spread of food wrappers, drink cartons and general litter.

SUMMARY AND RECOMMENDATION

This application seeks retrospective planning permission for the use of the ground floor of 601 City Road for the sale of hot and cold sandwiches to take away (Use Class A5). The amount of hot food to be sold precludes the use being a sandwich bar/shop (Use Class A1). The proposed use is not considered to prejudice the preferred use of land in the area and although located in a Housing Policy Area as defined in the UDP, the locality is commercial in character, with other uses of a similar nature being already established.

The scale of the use is limited and subject to the imposition of hours of use conditions and restrictions on the type of cooking equipment to be used, the

103 proposal is not considered to detrimentally affect the amenities of adjoining properties.

Given the nature and location of the site, it is considered that the use will serve the local community and customers will largely arrive on foot from the surrounding area.

It is therefore recommended that planning permission is granted conditionally.

104

Case Number 09/01765/FUL

Application Type A Full Planning Application

Proposal Part demolition and part re-build of existing damaged building (including new two-storey rear extension with rooms in the roofspace and installation of rear external staircase), use of basement as a store facility and office space, use of ground floor as office space and creation of two self-contained flats at first and second floor level (Amended description following amended plans received 5th November 2009)

Location 7 Northumberland Road Sheffield S10 2TT

Date Received 04/06/2009

Team CITY CENTRE AND EAST

Applicant/Agent Wireframe Studio

Recommendation Grant Conditionally

Subject to:

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

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

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

i) proposed facing materials ii) proposed roofing materials iii) proposed windows and doors iv) proposed portico

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

In order to ensure an appropriate quality of development.

3 Following the partial demolition of the building as indicated on the approved plans, a management strategy detailing the extent of the existing facing and roof materials to be retained, and details and specification of how this

105 material will be repaired, cleaned and re-used, shall be submitted to and approved in writing by the Local Planning Authority. The building shall thereafter be rebuilt in accordance with the approved details.

In order to protect the character of the original building.

4 A sample panel of the proposed masonry shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of masonry and mortar finish to be used. The sample panel shall be approved in writing by the Local Planning Authority prior to the commencement of the building works and shall be retained for verification purposes until the completion of such works.

In order to ensure an appropriate quality of development.

5 Masonry shall be pointed or bedded using a lime mortar mix that is weaker than the surrounding masonry. The colour of the new mortar, which should match the original mortar before weathering, should be achieved by the use of appropriate sand. No propriety coloured mixes of pigments shall be used. The joints should be finished flush then brushed back to expose the aggregate and the edges of the adjacent stone. On no account should the joints be struck or finished proud of the masonry face to form strap or ribbon pointing or feathered over the edge of eroded blocks. A sample panel of proposed pointing shall be approved by the Local Planning Authority before the development commences.

In order to ensure an appropriate quality of development.

6 Heads and cills shall match in size, style, construction and materials those of the existing building.

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

8 Chimney stacks and pots shall be retained and, where repaired, should be reinstated to their original appearance using materials to match existing unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

9 Before the commencement of development, the details, specifications and finish of the new windows, doors and portico including elevations and sections, shall be approved in writing by the Local Planning Authority. Drawings shall be of a minimum of 1:10 scale and shall include details of proposed section sizes at a minimum of 1:1 scale. (Details shall include:

106 reveal depths, double glazing, secondary glazing, shutters, mouldings, architraves, location of trickle vents). Thereafter the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

10 The layout of the private driveway and annotated note indicating the creation of an extra 4 off-street car parking spaces, as shown on drawing no. 1253 Project No. 03 rev P2 (received 17/12/09), is not approved as part of this development.

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

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

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

12 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. This shall include details of the design, layout and appearance of boundary walls, gateways, steps and paths. 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.

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

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

107 14 Before the development is commenced, details of the finished floors levels shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in complete accordance with the approved details.

In the interests of the visual amenities of the locality.

15 The development must be carried out in complete accordance with the following approved documents:

Unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

MU6 - Hanover Mixed Use Area MU11 - Conditions on Development in Mixed Use Area BE8 - Access to Workplaces BE15 - Areas and Buildings of Special Architectural and Historic Interest BE16 - Development in Conservation Areas H5 - Flats, Bed-sitters and Shared Housing H7 - Mobility Housing GE11 - Nature Conservation and Development

and to all relevant material considerations, including Supplementary Planning Guidance.

108

Attention is drawn to the following directives:

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

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

3. 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.

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

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

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

109 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.

6. The applicant is advised that the Local Planning Authority has reason to believe that the application site may contain species and/or habitats protected by law. Separate controls therefore apply, regardless of this planning approval.

Site Location

LOCATION AND PROPOSAL

The application site is located on the southern side of Northumberland Road, close to the junction with Clarkson Street and Glossop Road. It comprises a large stone built mid-nineteenth century villa characterised by a pitched, slate clad roof and timber sash windows. Similar properties adjoin the site to either side.

The site is located within the Northumberland Road Conservation Area, which encloses a pocket of mid-nineteenth century development. It has a wholly urban

110 setting locked between Witham Road/Western Bank and Glossop Road. Northumberland Road slopes down gently from west to east towards Glossop Road.

The application property was originally built as a residential property but its last use was as office accommodation for the University of Sheffield. It has been empty for several decades due to its poor structural condition resulting in it being unsafe to occupy. Indeed, it has been shored up by timber raking shores since 1990 because of severe differential settlement and inadequate foundations, which have caused the building to move vertically and severely distort.

The building is set back from Northumberland Road and it is positioned at an elevated height to the footway. There is a stone boundary wall to the front of the site as well as driveway access that leads down the entire west side of the site. The building sits within its own grounds but has no significant garden amenity space; the existing landscaping that does exist within the grounds is overgrown, including several large trees that currently appear unmanaged and are growing very close to the building.

Neighbouring uses within the immediate area are mixed-use. Most properties are owned by the University of Sheffield and the Sheffield Teaching Hospitals NHS Foundation Trust and are predominantly used for administrative and teaching purposes. Additionally, there is also some private office and residential use in the vicinity.

The applicant is seeking both Full Planning Permission and Conservation Area Consent to partially demolish the existing building and rebuild it, and redevelop the whole property into a mixed-use building containing office/storage space at basement and ground floor level and two residential flats at the upper levels.

Externally, the most damaged portion of the building (i.e. the entire right hand side of the property) shall be demolished in accordance with the recommendations of a Structural Engineers Investigation Report and rebuilt on the exact same footprint as the existing. This represents approximately 60% of the building’s existing footprint and is therefore considered substantial, thus triggering the Council’s request for a Conservation Area Consent application.

It is intended to re-use all of the facing materials that can be saved as well as restoring traditional features such as sash windows and reinstating a portico entrance feature. It is also proposed to erect a new two-storey rear extension with accommodation in the roofspace and a rear external staircase to accommodate the building’s new internal uses.

Internally, it is proposed that the building’s rebuilt area is used as a new store facility at basement level and as office, kitchen and WC facilities at ground floor level. Across the buildings entire first and second floor levels, it is proposed to create two self-contained two-bedroom flats.

111 RELEVANT PLANNING HISTORY

The following planning history is relevant to this application proposal.

December 1995: Conservation Area Consent was refused for a proposal to demolish the building due to concerns about the adverse impact of its removal on the Conservation Area and the absence of proposals for a replacement building. (Ref. 95/01227/LBC, formerly 95/0841P)

January 2000: Conservation Area Consent was refused to demolish the building. Whilst demolition of the building was deemed acceptable in principle there were again no replacement buildings proposals in place. (Ref. 99/01785/LBC, formerly 99/1200P)

July 2000: A proposal to demolish the existing building and replace with a new office development. Demolition of the entire property and the impact of the replacement contemporary designed building on the Conservation Area and Northumberland Road streetscene raised significant Officer concern. The application was withdrawn in November 2002. (Ref. 00/01290/FUL, formerly 9A/0610P)

SUMMARY OF REPRESENTATIONS

June 2009: The Full Planning Application was advertised by site notice, in the newspaper and by letter. One letter of representation was received from The University of Sheffield and was concerned that the application had included land owned by the University within the red line of the application site. This issue was addressed and the red line boundary was reduced so as not to include land outside ownership.

November 2009: The Full Planning Application was re-advertised following design amendments. No representations received.

November 2009. The Conservation Area Consent application was also advertised following receipt. No representations received.

PLANNING ASSESSMENT

Policy Issues

Northumberland Road, including the application site, lies within the Hanover Mixed Use Area in Sheffield’s Adopted Unitary Development Plan (UDP). Policy MU6 of the UDP is relevant to this proposal and states that both housing (C3) and business (B1) are acceptable uses in this area. MU6 acknowledges that a mixture of housing, business, educational and medical uses already exist in the area and that new business and housing uses would further complement the vitality of the area.

112 Therefore, it is considered that the proposed uses are acceptable in principle, subject to an appropriate balance of uses being upheld and maintaining acceptable living conditions for the future/existing occupiers and the surrounding area.

Demolition Issues

As described above, it is proposed that a substantial proportion of the building (approximately 60% of the footprint) is demolished and rebuilt as part of this development.

Planning Policy Guidance Note 15: Planning and the Historic Environment (PPG15) indicates that the condition of the building can be taken as a material planning consideration. It also states, however, that consent for demolition should not be given unless there are acceptable and detailed plans for any redevelopment. It has been held that the decision-maker is entitled to consider the merits of any proposed development in determining whether consent should be given for demolition of an unlisted building in a Conservation Area.

UDP Policy BE15 and 16 interpret PPG15’s guidance at the local level and seek to ensure that development, including demolition and new buildings, preserve or enhance the character of the Conservation Area. They seek to ensure that buildings make a positive contribution to the Area’s character or appearance.

A Structural Survey (June 2009) has been submitted with the application, which states that the building is severely distorted and could never be realigned. It advises that the front part of the building – including the right side wall and the whole of the right half of the front wall – has been most affected by severe differential settlement, a process whereby the soil under the foundations of a building is compressed under the applied weight of the building, resulting in movement. The foundations are therefore described as being inadequate and based on site measurements, the amount of vertical movement at foundation level is described as being of the order of several inches.

Additionally, it is highlighted that the trees in this area are likely to have had a significant effect on the foundations. The trees are described as being too big to be growing near buildings without affecting the soil under foundations.

Members are advised that the possibility of repairing and installing new foundations with the building in-situ, rather than partially demolishing it, has been investigated by Officers. However, it has been advised that such works would be too dangerous for the building and workmen – potentially resulting in collapse of walls or fatality to workers. The applicant’s structural engineers have clarified that they would not support this approach and continue to recommend partial demolition. Furthermore, structural reports submitted with previous applications in 1995 and 1998, by different structural engineers, support the case that the building has a poor structural condition.

In light of the above, Officers are satisfied that sufficient evidence has been submitted with the application to indicate that the building is unsafe for occupation and cannot be repaired in-situ without danger to the original building or workmen.

113 Partial demolition of the area proposed on the drawings is therefore considered to be acceptable in principle and in accordance with Policies BE15 and BE16, and PPG15, subject to satisfactory redevelopment and restoration of the building.

Design Issues

UDP Policies BE15 and BE16, as well as PPG15 are also relevant to this section of the assessment. Additionally, UDP Policy MU11 which relates to ‘Conditions on Development in Mixed-Use Areas’ is relevant, and part (d) recommends that new development or change of use will be permitted provided that it is well designed and of a scale and nature appropriate to the site.

It is considered that the proposed redevelopment offers a sensitive design solution to resurrecting this site’s existing built form. The building shall be rebuilt on the same footprint as the existing property and the design shall replicate the buildings existing nineteenth century design. It is proposed to use as much of the existing stone facing material as possible and it is confirmed that any new external materials that are required shall match the existing materials. This is acceptable and it is recommended that these proposals will be controlled by condition.

The main design changes to the existing built form predominantly relate to the addition of a new rear extension and an external staircase to allow greater space to accommodate the building’s new residential uses at second and third floor level. The extension will change an existing two-storey element with a sloping catslide roof into a larger extension, which shall be two-storeys high and include additional accommodation in the roof. The new extension replicates the design and appearance of the existing rear extension, which exists on the left-hand side of the building and is an original feature. Additionally, the new extension will be lower in height than this original rear design and also marginally narrower, thus appearing subservient to the original features; and ensuring that it will not dominate the rear elevation of the building. It is considered that the proposed extension is acceptable in design and scale terms.

There is no concern about the proposal to install an external staircase at this site. The staircase would be positioned at the rear of the site away from public view and predominantly obscured by surrounding buildings. It provides access to the residential part of the building and shall be constructed from metal (powder coated black). A staircase of this type is not an uncommon feature on converted buildings.

It is proposed to install timber sash windows throughout the building in order to match the existing openings. The new window openings that are proposed to be inserted on the south and west elevations of the building also follow the same approach, including replicating the stone heads and cills as per the original property. This proposed design maintains the building’s architectural integrity and helps retain its original character, thus enhancing and preserving the Victorian appearance.

Additionally, Members are advised that it is proposed to restore the Portico entrance to the front façade of the property – complete with columns and roof. This feature is a characteristic of other buildings on Northumberland Road and

114 previously existed at the entrance to the property but was removed due to the structural state of the building. It is deemed an acceptable addition to the main entrance.

Overall, it is considered that the design proposals (including alterations and additions) are sympathetic and acceptable works to the host property, which would rejuvenate its derelict state and significantly improve its appearance in the streetscene – thus complying with the aspirations of UDP Policies BE15, BE16 and MU11, and PPG15.

The Standard of Residential Accommodation

Policy H5 of the UDP (‘Flats, Bed-Sitters and Shared Housing’) is relevant to this proposal and part (b) states that planning permission will be granted for the creation of flats, bed-sitters and the multiple sharing of houses only if living conditions would be satisfactory for occupants of the accommodation and for their immediate neighbours. Policy MU11 of the UDP (‘Conditions on Development in Mixed Use Areas’) is also relevant and part (b) states that new development or change of use will permitted provided that it does not cause residents or visitors to suffer from acceptable living conditions. Part (d) also requires that new development is well designed.

The proposed residential environment is considered to be acceptable. It is felt that both flats contain sufficient internal space to ensure that an acceptable standard of living conditions would be achieved. Following amendments, all of the rooms have their own window and outlook.

It is considered that there would be no detrimental overlooking or loss of privacy created by this proposal. The existing surrounding properties comprise office or university space and there are no existing windows looking directly into the proposed flats. It is noted that there are large windows positioned in the University building to the rear of the site but these windows are at a higher level to the internal floor level, thus eliminating overlooking concerns.

There is no outdoor amenity space proposed as part of this scheme, however it is accepted that such provision is not achievable given the size constraints of the site, the position of neighbouring buildings, and the urban/historic character of the location.

In light of the above, it is concluded that the proposed residential accommodation is acceptable and thus creates satisfactory living conditions for future occupants, which complies with the requirements of Policies H5 and MU11 of the UDP.

Highway Issues

UDP Policy MU11 part (f) states that new development or change of use will be permitted provided that would be served adequately by transport facilities and provide safe access to the highway network and appropriate off-street parking.

115 The submitted layout plan states that there are 2 existing parking spaces at the end of the private driveway and proposes that an extra 4 off-street car parking spaces shall be provided through the development. It is intended that this be achieved by removing the existing planted borders to provide a wider driveway. However, it is anticipated that these additional spaces are unacceptable, as they would have to be positioned in a line that would require cars to be continually moved to permit egress for those vehicles cars positioned furthest from the highway. It is therefore recommended that they not be approved as part of this development.

It is accepted that the development would intensify the use of the site from a highway perspective. However there is an existing permit scheme in operation at this location, which provides sufficient restrictions on car use in the area. Furthermore, the site is located in a busy mixed-use area (close to hospitals, university, office, and residential buildings) where there are good and frequent public transport links within easy walking distance and provide suitable alternatives to the car.

Due to the surrounding controlled highway environment and frequent/good public transport facilities close-by, it is not envisaged that the lack of acceptable formal parking provision contained within the development would have an adverse effect on the existing highway environment. It is therefore considered that the proposal complies with the requirements of UDP Policy MU11.

Access Issues

UDP Policy BE8 ‘Access to Workplaces’ requires that developments that would result in the provision of 20 or more jobs should promote suitable facilities to meet the needs of employees and members of the public. UDP Policy H7 ‘Mobility Housing’ also requires that a proportion of mobility housing be provided in all new or refurbished housing, except where the physical characteristics of the site or existing building make it impracticable.

There is level access proposed to the rear of the property, which serves the offices and is welcomed. However, it is considered that the building’s size, historic design and the elevated position of the site above the highway are such that it is very difficult to achieve a large amount of disabled facilities within the development.

The offices are small and not large enough to be able to accommodate modern standard disabled facilities as well as providing usable office space. Furthermore, it is considered that they would not be able to contain 20 employees which is the trigger for BE8.

With regard to the flats, it is the case that they are positioned at first and second floor level and are therefore deemed unsuitable for use as mobility housing in terms of Policy H7.

Whilst regrettable, it is considered that there is suitable justification for the limited disabled facilities provided as part of this development.

116 Tree Issues

UDP Policy BE15 relates to ‘Development in Conservation Areas’ and states that permission will only be given for proposals involving the felling or lopping of trees, which would preserve or enhance the character or appearance of the Conservation Area.

The trees at this site have been allowed to grow uncontrollably and now dominate it, almost completely hiding the existing building from public view. A Tree Survey has been carried out and concludes that all the trees on this property are misplaced and should be removed due to their current impact on the building and boundary walls, both at root and tree level. The survey advises that nearly all the trees are too close to building and that none should ever have been planted or allowed to reach the sizes they have achieved. Whilst regular pruning and maintenance of some of the trees would be technically feasible, it is stated that this work would be expensive, leave the trees with no natural appearance and also run the risk of allowing infection into the pruning wounds, whereupon decay might develop. Instead, it is recommended that new trees be planted when the building is restored.

In response, the Council’s Landscape Planning Officer has inspected the trees and agrees with the content of the Tree Survey. It is considered that the trees are negatively affecting the site and would hinder major restoration work. It is agreed that it may be better to plant new trees more appropriate for the restricted nature of the site following restoration of the building.

In light of the above, it is concluded that removal of the trees in order to allow complete restoration of the site would enhance its appearance in the Conservation Area. Therefore, it is considered that the wider loss of the trees is acceptable in terms of UDP Policy BE15, subject to satisfactory high quality replacements in more acceptable positions on the site and this will be achieved via a landscape condition.

Bat Issues

There are records of bats found in the surrounding 1km area of the site and there is a good bat habitat nearby as the site is close to Weston Park, Crookes Valley Park and the open water in the park.

PPS9 (Biodiversity and Geological Conservation) requires that the protection of biodiversity is a material considerations on individual planning applications. It states that the aim of planning decisions should be to prevent significant harm to those interests and that the local planning authority should be satisfied that development would result in less or no harm to those interests. In the absence of alternative sites for development, it is necessary to ensure that satisfactory mitigation measures are put in place or compensation measures sought.

UDP GE11 relates to ‘Nature Conservation’ and requires that the design, siting and landscaping of development respects nature conservation and includes measures to reduce any potentially harming effects of development on natural features.

117

Given the presence of bats in the area, the derelict state of the building as well as the proposal to part demolish areas, the application site has been surveyed for bats. A bat scoping survey (dated 11/11/2009) has conducted an external and internal search of the building and found no bats or evidence that they were present on site. However, the ecologist could not conduct complete examination of the building due to its dangerous/derelict state and a dusk survey was also impossible given that bats are currently hibernating. The survey indicates that there are cracks in the exterior stonework and a number of broken soffits, which could have the potential for one or two bats to roost. Therefore, the survey cannot totally rule out the existence of bats on site and advises that there is a medium chance of their presence.

It recommends that any approval be granted, subject to an acceptable method statement to secure assurance on how the building would be demolished carefully, piece by piece, and every piece examined for the presence of bats. It also recommends that the cracks in the exterior stonework could be examined, prior to demolition, by a licensed bat worker.

It is considered that the recommendations of the report are an acceptable approach to dealing with any bats that may exist at this site. It is felt this suitable and reasonable mitigation approach to satisfy the requirements of PPS9, UDP Policy GE11 as well as the concerns of the Council’s Ecology Unit. Discussions with Natural England have also confirmed that this is an acceptable approach.

Members are also advised that bats and bat roosts are protected under separate wildlife legislation, which must be adhered to separately to the planning legislation.

SUMMARY AND RECOMMENDATION

In summary, it is considered that the existing building makes a positive contribution to the Northumberland Road Conservation Area but its poor structural condition means that it has been left vacant for several decades and the whole site has become run-down. Sufficient evidence has been submitted to indicate that the building is unsafe for occupation and that such foundation movement has occurred that repairs with the building in-situ cannot be carried out safely. The partial demolition of the most severely damaged areas of the building is therefore accepted.

Following assessment, it is considered that partial demolition is further supported by the acceptable redevelopment proposals for the site. The proposed offices and residential flats represent a mixture of uses that are consistent with the policy aspirations and further enhance the diversity of development in the Hanover Mixed Use Area. From a design viewpoint, it is felt that the intention to work to the existing footprint and replicate the building’s character and appearance – utilising existing or matching materials and traditional features (e.g. sash windows and porticos) – is a sympathetic design approach for this sensitive site.

The residential living environment and highway conditions created by the development are considered to be acceptable and do not raise any significant

118 planning issues. The removal of the tall trees from the site is regrettable as they add greenery to the area. However, they are currently unruly and replacement planting would achieve a much more ordered environment and prevent further damage to the foundations of the building and walls.

It is considered that the medium possibility of bats on site can be satisfactorily addressed through further mitigation work at the demolition stage.

Overall, it is concluded that although demolition will take place, the end result will be a building restored to its former state, which is a positive solution for this severely damaged building. Following completion, it is considered that the redevelopment project would enhance the building’s existing appearance and ensure that the cohesive rhythm of large villas of similar size, period and style in this part of the Northumberland Road Conservation Area is preserved.

The proposed Full Planning Application and Conservation Area Consent Applications are deemed to be acceptable and comply with the relevant local and national guidance set out above. It is therefore recommended that Member’s grant permission for both applications, subject to relevant conditions.

119

Case Number 09/01650/FUL

Application Type A Full Planning Application

Proposal Erection of 6 industrial units for B1, B2 and B8 use, with associated car parking (amended description) (Amended plans dated 04/09/09)

Location Dr John Worrall School Maltby Street Sheffield S9 2QA

Date Received 01/06/2009

Team CITY CENTRE AND EAST

Applicant/Agent Bond Bryan Architects (Fountain Precinct)

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority considers that as a result of a lack of measures in place to address the need for highway improvements to provide relief to Junction 34 of the M1, the cumulative impact of this development will result in increased congestion and a delay to public transport to the detriment of the connection of a major employment area to the national road network, which is required to support the regeneration of the Lower Don Valley. This is contrary to Policy IB9 (f) of the Sheffield Unitary Development Plan, Policies CS51 and CS59 of the Sheffield Development Framework Core Strategy and guidance within Planning Policy Guidance Note 13.

120 Site Location

PROPOSAL

The applicant is seeking consent to erect two terraces of business/industrial units (6 units in total) to be used for any combination of B1 (Business), B2 (General Industry) & B8 (Storage and Distribution) purposes. The applicant has requested this flexibility as the proposals are speculative in nature.

The submitted floor plans show single height units providing a total gross internal floor area of 2111 square metres. However, there is potential within each unit for a mezzanine level to be introduced. The proposal will include several small landscaping areas, a sub-station and a car parking area for 36 vehicles, which includes 4 mobility spaces.

LOCATION

This site formally housed Dr John Worrall School, which was closed in 2004 when pupils were relocated to new facilities in the city. The school building itself stood

121 empty until 2006 when it was demolished. The old caretaker’s house is still on the site, but will be removed as part of this application.

The site is 0.54 hectares and is bounded by Brompton Road to the west, a used car dealership to the east, a community/educational facility to the north and an office/industrial building to the south. The wider area is largely made up of industrial & business uses. The most notable surrounding landmark is the Don Valley Stadium, which is set across Attercliffe Road, 140 metres to the southeast of the site.

The site is set within a Fringe Industry and Business Area as defined within the Sheffield Unitary Development Plan. The western section of the site is set within Flood Zone 2 and Kirk Bridge Dyke, a culverted watercourse, runs north-south through the middle of the site.

PLANNING ASSESSMENT

Land Use

The site is set within a Fringe Industry and Business Area within the adopted Sheffield Unitary Development Plan (UDP).

Policy IB6: Development in Fringe Industry and Business Areas within the UDP identifies Business (B1), General Industry (B2) & Storage and Distribution (B8) as preferred uses.

The site is also included within the Lower Don Valley Masterplan Study (2004), which identifies General Industry (B2) & Storage and Distribution (B8) as preferable uses for the site.

Policy CS 3: Locations for Office Development within the Sheffield Development Framework Core Strategy (CS) advocates a spatially focused approach to B1 office uses.

Under section c) of CS 3, only small scale offices are advocated in this location; small scale being defined as no more than 1,000 square metres gross internal floor space. No proposed single unit will create this floor space.

The proposed land uses are considered to be acceptable in accordance with the above policy documents from a land use perspective.

Flooding

Policy CS 67: Flood Risk Management within the Core Strategy (CS) sets criteria in which it seeks to reduce the extent and impact of flooding. The policy states that it is preferable for new development to be focused on sites with a lower probability of flooding and that relative risks should be considered through a sequential approach. CS 67 also recognises that exceptions to this may be required in circumstances where there are no suitable lower risk sites.

122 The western section of the site is set within Flood Zone 2 and, as a consequence, the applicant has submitted a comprehensive Sequential Test with the application. The boundary for the test was agreed to be limited to areas identified for business and industry uses within the Lower Don Valley Masterplan. It was considered reasonable to allow this document to form the boundary of the test area, as it defines areas within the Lower Don for which regeneration should be focused.

Following some refinement, the Sequential Test has demonstrated that there are no readily available suitable alternative sites within the Lower Don Valley Action Plan Area to accommodate this development and the proposal therefore passes the Sequential Test.

The application has also been accompanied by a Flood Risk Assessment. The Environment Agency has confirmed that they have no objections to the submitted assessment, having insisted that a 4-metre easement is retained on either side of the culverted watercourse.

This application is therefore considered to have met the relevant requirements within Policy CS 67.

Sustainability

Policy CS 64: Climate Change, Resources and Sustainable Design of Development within the CS sets out a suite of requirements in order for all new development to be designed to reduce emissions. In practice, to satisfy the main body of the policy, non-residential developments should achieve a BREEAM rating of very good. The applicant has agreed to meet this standard as part of the development should consent be granted.

Policy CS 65: Renewable Energy and Carbon Reduction requires new developments to achieve the following standards, unless it can be demonstrated that it is not feasible and/or viable: a) The provision of a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy. b) The generation of further renewable or low carbon energy or the incorporation of design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%.

The applicant has requested that, given the rather speculative nature of this proposal, the requirements of Policy CS 65 are conditioned, should consent be granted, and the feasibility and viability elements are looked into further at a future date when end users are known, which is considered to be reasonable in this circumstance.

The proposal will also include several other sustainability features, including waste recycling facilities and cycle parking.

123 In light of the above, the proposal is considered to meet the relevant policy requirements and demonstrates acceptable sustainability credentials.

Mobility Issues

The proposals will include suitable measures to ensure access is provided for all. This will include level accesses to all the units and several mobility compliant parking spaces.

Design

Section c) of Policy IB9: Conditions on Development in Industry and Business Areas within the UDP states that new development should be well designed with buildings of a scale and nature appropriate to the site.

The proposed buildings are industrial in character, which is reflective of their setting. They will reach 10-metres in height, have dual pitched roofs and be predominantly constructed in brickwork, light grey cladding and glazing. They are considered to be sympathetic to the scale of surrounding buildings and employ a simple but high quality and modern approach to their detailing and material palette.

The siting of the buildings has been restricted by the culverted river, which runs through the centre of the site. The layout is considered to represent an efficient use of the land and the strong frontage presented onto Brompton Road is welcomed.

The presence of a new sub-station fronting Brompton Road is unfortunate but necessary. This structure will not be excessive in scale and will use materials to match the units where achievable. The sub-station is therefore considered to be acceptable.

Overall the proposal is considered to meet the relevant requirements of section c) within Policy IB9.

Landscape

There are currently several trees lining Brompton Road that will be removed as part of this development. Although regrettable, these trees are not considered to be of such quality as to be worthy of retention. A landscape scheme is required by condition, which will compensate in part for these losses.

Surrounding Amenity

The proposed units will be in close proximity to several surrounding uses. However, given that these uses are commercial in nature; this does not give rise to any amenity concerns.

Highways

Section f) of Policy IB9: Conditions on Development in Industry and Business Areas within the UDP states that new development should be adequately served

124 by transport facilities and provide safe access to the highway network and appropriate off-street parking.

Policy CS 51: Transport Priorities, within the CS identifies strategic transport priorities for the city, which include containing congestion levels and improving air quality.

Policy CS 59: New Roads, within the CS states that new road schemes will only be built in a limited number of circumstances, which include 1) The need to enable regeneration and 2) The need to reduce serious traffic impacts on the local environment where there is no sustainable alternative option. The Junction 34 Relief Road is one of the seven proposed schemes listed within CS 59.

Planning Policy Guidance 13: Transport (PPG13) emphasises the need for a safe, efficient and integrated transport system to support a strong and prosperous economy.

The proposed scheme is considered to provide a suitable level of car parking for the units, as well as acceptable servicing arrangements. In addition, the site is in relatively close proximity to the Supertram and has been designed to ensure that safe access to the surrounding highway network is achieved.

However, owing to the approval of recent developments, most notably the British Land River Don District scheme (08/02594/OUT) approved in December 2008, it has been determined that Junction 34 has reached capacity and any further significant development will add undue pressure to the highway network at this location, resulting in it not being ‘fit for purpose’. As a result, from mid 2008, any significant developments between Rotherham Town Centre and Sheffield’s Inner Ring Road are required by the Council to contribute towards the construction of the M1 Junction 34 Relief Road, largely to reduce the demand created by local traffic. The strategic importance of this road is emphasised within Core Strategy Policy CS 59, which identifies the delivery of the relief road as a key strategic aim for the city.

In order for this development to be considered acceptable from a highway perspective, a contribution towards this relief road is required. Following an assessment of the applicant’s Transport Statement, it has been determined that there will be approximately 6 traffic movements through J34 (S) during the AM peak time on a typical day. Based on a contribution of £7,500 per movement, a sum of £45,000 is required as part of this application, to be secured by means of a Section 106.

This is consistent with other development in the vicinity including:

- Application for the erection of a renewable energy plant ay Blackburn Meadows, approved in September 2008 under planning reference 08/01225/OUT. The agreed contribution towards the relief road for this scheme was £75,000.

- Application for the erection of units for B2 use (General Industry) or B8 use (Storage and Distribution) at Europa Way (09/00890/FUL), approved in May 2009. The agreed contribution towards the relief road for this scheme was £37,500.

125

Following due consideration, the applicants have stated that they are unwilling to contribute towards the relief road for reasons of financial viability. It should be noted that, as the required contribution would go towards essential infrastructure, the waiving of this could not be considered acceptable. The applicant has been offered a flexible arrangement of payment, for example, the payment of the relevant proportion upon the occupation of each unit but the applicant remains unwilling to sign a legal agreement.

In light of the above, the Local Planning Authority considers that, owing to the lack of an agreement to secure a contribution towards the M1 Junction 34 Relief Road, which is intended to address the capacity issue at J34, the development would create further undue pressure on the existing road network, resulting in increased congestion. It would thus impact upon the connection of major employment areas with the national road network to the detriment of the economic regeneration of the Lower Don Valley and would have a serious traffic impact on the local environment. It would therefore be contrary to section f) within Policy IB9 of the Sheffield Unitary Development Plan, Policy CS51 & CS59 within the Sheffield Development Framework Core Strategy and Planning Policy Guidance 13.

SUMMARY AND RECOMMENDATION

The land uses proposed are considered to be acceptable in accordance with the relevant policy documents.

As the site is partly within Flood Zone 2, the applicant has submitted an acceptable Sequential Test that demonstrates that there are no suitable lower risk sites within the Lower Don Valley Masterplan Area that could accommodate this development. The buildings have been sited in a way that ensures the Environment Agency will retain suitable maintenance access to a culverted river that runs through the site.

The development will have sound sustainability credentials, which includes a commitment to achieve a BREEAM rating of very good.

The scheme has been designed to reflect its industrial setting, whist employing a suitable high quality and modern approach to detailing and materials.

With regard to highways, M1 Junction 34 has reached capacity and any further significant development will add undue pressure to the highway network at this location resulting in it not being ‘fit for purpose’. As a result, from mid 2008 any significant developments between Rotherham Town Centre and Sheffield’s Inner Ring Road have contributed towards the construction of the M1 Junction 34 Relief Road, which is identified in Policy CS59 of the Core Strategy as a key new road.

The applicants have stated that they are unwilling to contribute to this scheme for reasons of financial viability. As a result, the Local Planning Authority considers that, owing to the lack of an agreement to secure a contribution towards the Junction 34 Relief Road, the proposed development would create further undue pressure on the existing road network, resulting in increased congestion, which would have a serious traffic impact on the local environment and impact upon the

126 connection of major employment areas with the national road network. It would therefore be contrary to section f) within Policy IB9 of the Sheffield Unitary Development Plan, Policy CS51 & CS59 within the Sheffield Development Framework Core Strategy and advice within Planning Policy Guidance 15. On this basis, it is therefore recommended that the application is refused.

127

Case Number 09/01166/LBC

Application Type Listed Building Consent Application

Proposal Alterations and extension to form restaurant Use Class A3 (ground floor and basement) and manager's flat (first floor) including steel fire escape doors, glass entrance doors and external lighting (As revised 10.06.09, 29.09.09, 01.10.09, 23.11.09 and 11.12.09)

Location 16 George Street Sheffield S1 2PF

Date Received 15/04/2009

Team CITY CENTRE AND EAST

Applicant/Agent John Marriott

Recommendation Grant Conditionally

Subject to:

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

In order to comply with the requirements of the Planning (Listed Buildings and Conservation Areas) Regulations 1990.

2 A sample panel of the proposed masonry shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of masonry and mortar finish to be used. The sample panel shall be approved in writing by the Local Planning Authority prior to the commencement of the building works and shall be retained for verification purposes until the completion of such works.

In order to ensure an appropriate quality of development.

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

Steel gates and glass door Brickwork detailing and parapet detail Fume extraction ducts New radiators Floor finishes Full height screen

128 Platform lift

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

In order to ensure an appropriate quality of development.

4 All the rainwater gutters, downpipes and external plumbing shall be of cast iron or cast aluminium construction and painted black unless otherwise agreed in writing by the Local Planning Authority. Gutters shall be fixed by means of hangers and brackets and no fascia boards shall be used.

In order to ensure an appropriate quality of development.

5 Existing windows shall be retained and repaired unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure the protection of the original fabric of the Listed Building

6 All internal and external doors shall be retained unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure the protection of the original fabric of the Listed Building

7 Before the development commences, details, specifications and finishes of all new external and internal doors, including frame section sizes, reveal depths and any mouldings and architraves at a minimum of 1:20 scale shall have been approved in writing by the Local planning Authority. Thereafter, the new doors shall be installed in accordance with the approved details.

In order to ensure an appropriate quality of development.

8 Before the development commences, details of all new joinery and timber structural elements and/or the repair, alteration or replacement of existing timber elements (including roof and floor timbers, partitions, stairs, balustrades, screens, wainscoting) shall have been approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved plans.

In order to protect the character of the original building.

9 Before the development commences, a schedule of all fixtures and fittings, with a photographic record, and details of their retention, repair, removal or relocation shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved schedule.

In order to protect the character of the original building.

129 10 Before the development commences, the design and location of all new internal and external light fittings shall have been 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.

11 Before the development commences, details of the location, specification and appearance of all new services to the building (including meter boxes, outlets and inlets for gas, electricity, telephones, security systems, cabling, trunking, soil and vent stacks, fresh and foul water supply and runs, heating, air conditioning, ventilation, extract and odour control equipment, pipe runs and internal and external ducting) shall have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

12 Before the development commences, details of the design and location of all new internal and external signs 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.

Attention is drawn to the following justifications:

1. The decision to grant listed building consent and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan and adopted Core Strategy set out below:

CS74 - Design Principles BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

1. You are advised that the level of detail provided on the submitted drawings is not considered adequate to resolve the remaining detailed design issues. Your client should not submit details in compliance with conditions without seeking the advice of a conservation specialist familiar with listed building

130 requirements for this kind of refurbishment. Failure to provide satisfactory details may result in detailed submissions being refused.

Site Location

For report please see 09/01165/FUL.

131

Case Number 09/01165/FUL

Application Type A Full Planning Application

Location 16 George Street Sheffield S1 2PF

Date Received 15/04/2009

Team CITY CENTRE AND EAST

Applicant/Agent John Marriott

Recommendation Grant Conditionally

Subject to:

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

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

In order to ensure an appropriate quality of development.

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

Steel gates and glass door Brickwork detailing and parapet detail Fume extraction ducts Platform lift

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

In order to ensure an appropriate quality of development.

5 Existing windows shall be retained and repaired unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure the protection of the original fabric of the Listed Building

6 All external doors shall be retained unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure the protection of the original fabric of the Listed Building

7 Before the development commences, details, specifications and finishes of all new external doors, including frame section sizes, reveal depths and any mouldings and architraves at a minimum of 1:20 scale shall have been approved in writing by the Local planning Authority. Thereafter, the new doors shall be installed in accordance with the approved details.

In order to ensure an appropriate quality of development.

8 The ground floor and basement shall only be used as a restaurant and/or café in accordance with Class A3 of the Town and Country Planning (Use Classes) (Amendment)(England) Order 2005.

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

9 The Use Class A3 premises hereby approved shall be used for the above- mentioned purpose only between 1200 hours and 2300 hours Sundays to Fridays, and 1200 hours and 2400 hours on Saturdays

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

10 Amplified sound or live music shall only be played within the building in such a way that noise breakout to the street does not exceed:

i) background noise levels by more than 3dB(A) when measured as a 15 minute LAeq,

133 ii) any octave band centre frequency by more than 3dB when measured as a 15 minute Leq, when measured at the façade of the hotel across George Street and at opposite boundary wall to rear yard.

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

11 No deliveries to the building shall be carried out between the hours of 2300 to 0700 hours Monday to Saturday and 2300 hours to 0900 hours Sundays and Public Holidays.

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

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

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

13 The fire exit doors shall only be used as an emergency exit and shall not at any other time be left standing open.

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

14 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.

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

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

16 Before work on site is commenced, full details of the access and facilities for people with disabilities, as shown on the plans, shall have been submitted to

134 and approved in writing by the Local Planning Authority and the development shall not be used unless such access and facilities have been provided in accordance with the approved plans and thereafter such access and facilities shall be retained.

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

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

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

18 No door shall, when open, project over the adjoining highway.

In the interests of pedestrian safety.

19 The development shall not be used for the purposes hereby permitted except in accordance with a Method Statement that shall have received the prior written approval of the Local Planning Authority, and such Method Statement shall specify the proposed servicing arrangements including the intended size of service vehicles, the proposed delivery times and frequency of deliveries.

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

Attention is drawn to the following justifications:

CS74 - Design Principles BE7 - Design of Buildings Used by the Public BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings S3 - Development in the Central Shopping Core S10 - Conditions on Development in Shopping Areas

and to all relevant material considerations, including Supplementary Planning Guidance.

135 This informative is intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report by contacting the Planning Records section on 2734220 or by visiting Sheffield City Council’s website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

Attention is drawn to the following directives:

1. The applicant should install any external lighting to the site to meet the guidance provided by the Institution of Lighting Engineers in their document "Guidance Notes for the Reduction of Light Pollution". This is to prevent obtrusive light causing disamenity to neighbours. The Guidance Notes are available from the Institute of Lighting Engineers, telephone number (01788) 576492 and fax number (01788) 540145.

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

4. You are advised that the level of detail provided on the submitted drawings is not considered adequate to resolve the remaining detailed design issues. Your client should not submit details in compliance with conditions without seeking the advice of a conservation specialist familiar with listed building requirements for this kind of refurbishment. Failure to provide satisfactory details may result in detailed submissions being refused.

136 Site Location

LOCATION AND PROPOSAL

This former bank is a Grade II Listed Building of great character, attractively situated on George Street, which was repaved in natural stone slabs and setts by the Council some years ago. The street retains the character of the commercial heart of the city of former times.

This application proposes the change of use of the building to comprise a restaurant (Use Class A3) at basement and ground floor with a managers flat on the first floor. It also seeks Listing Building Consent for external and internal alterations to the building.

At the front of the premises, the proposed external alterations consist of downlighters between the front windows, new steel gates to the access for people with disabilities and new automatic glass sliding doors behind the retained existing front doors. At the rear will be a single storey rear extension, steel fire escape and double fume extraction ducts to a high level.

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The proposed internal alterations consist principally of internal partition walls and doors, replacement flooring, a raised timber plinth, new timber stairs, and platform lift for people with disabilities.

As revised, the ground floor and basement are to be used as a restaurant and the first floor as a manager’s flat.

PLANNING HISTORY

No. 16 George Street was built in the mid 18th century as either a house or a coffee house. From 1831 until the 1990’s it was used as bank but has since been vacant. The building was extended to the north in the mid 19th century and to the south in the early 20th century.

It is built in brick and ashlar stone with an imposing presence to George Street, containing the stone inscription “Sheffield Banking Company”. Its many features include the double height banking hall with Doric arcades, granite columns, dentilled cornice and cross beam ceiling.

Application No’s 98/01547/FUL & 98/01548/LBC: Planning permission and listed building consent were granted on 26 May 1999 for use of the banking hall for Food and Drink purposes (former Class A3) as part of the redevelopment and refurbishment of 8-24 High Street and 12-16 George Street for shopping and residential purposes. The former office accommodation above has been converted to residential flats.

As part of the 1999 scheme an entrance for people with disabilities has been partly made at the left hand end of the bank frontage but not fitted out. There have also been some minor extensions at the rear and provision of fire escapes.

Application No 09/04056/LBC: Listed Building consent was refused on 20th November 2007 for alterations to form a restaurant, including construction of mezzanine floor.

REPRESENTATIONS

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

Two objections have been received from residents of flats in 12-14 George Street, who raise the following concerns: (1) The front steps are already used by people for sitting, drinking, smoking, and eating takeaways next to entrance to flats at 12- 14 George Street. The proposal could make this situation worse; (2) The proposal would mean more obstruction to the flats entrance from additional street furniture, unattended deliveries etc; (3) Could mean customers would loiter outside entrance, smoking and talking; (4) Noise from customers entering and leaving; (5) Music from the proposed bar; (6) George Street is already used unofficially as a free car park, and this should be dealt with; (7) Litter; (8) Welcome use as restaurant, but

138 object to the bar; (9) Object to both restaurant and bar but would support a daytime and late-evening café with no music or alcohol.

ASSESSMENT

Land Use

The site lies within the Central Shopping Area in the Unitary Development Plan and Policy S3 lists Food and Drink outlets as preferred uses. Policy S10 requires that uses should not cause residents to suffer from unacceptable living conditions from air pollution, noise or other nuisance or risk to health and safety.

The initial proposal included a bar in the basement, which would have been unacceptable close to residential flats in the same block and close to a hotel opposite.

The revised proposal is for a restaurant use only on both the ground floor and basement.

There will be no loud music or dancing and no DJ. Amplified or live music will be played at background levels consistent with the restaurant use. There will also be no musical performances independent of the restaurant use. Such measures will be secured by means of planning conditions.

On this basis the proposed use is considered suitable for its relatively quiet location and should not cause residents to suffer from unacceptable living conditions and is therefore in accordance with Policy S3 and S10 of the UDP.

Hours of Use

The document “City Centre Night Time Uses - Interim Planning Guidelines” was adopted by Cabinet on 26 October 2005 to take account of the Licensing Act 2003. These Guidelines amend the provisions of the City Centre Living Strategy adopted 28 April 2004 with regard to closing times in so far as they affect this application. The site lies within one of two zones identified by the Guidelines for closing no later than 0030 hours, in order to protect living conditions for nearby residents and hotel visitors from street noise from departing customers.

The Guidelines also state that if it is considered that unacceptable problems will arise for residents of the area the Council may refuse permission for that development. The Guidelines thus allow closing earlier than 0030 hours where protection of residential amenity is of sufficient concern.

The proposed hours of use are 1200 hours (midday) to 2300 hours Sundays to Fridays including public holidays, and 1200 hours to 2400 hours on Saturdays. These hours are considered acceptable bearing in mind the need to find a suitable use for the listed building.

George Street is an enclosed quiet space, and there is a need to retain its quiet character as far as possible because of people living in the street and staying in

139 the hotel opposite. The proposed hours are confirmed by condition, and this approach is considered to be supported by the Guidelines.

Noise Breakout

The building has been provided with sound attenuation between the former banking hall and the flats above capable of attenuating high levels of amplified sound. This work was validated by a noise consultant to the Council’s satisfaction before the flats were occupied about 10 years ago as part of application 98/01547/FUL.

The submitted noise report concludes that the noise breakout to the street will be lower than the existing background noise levels in the street when measured at the façade of the hotel opposite and at the residential windows nearby. The latter are not in a straight line from the restaurant windows.

The noise report takes as a requirement the Council’s guidance that noise breakout should not exceed 3dBA/3dB above background levels, which is confirmed by condition. The proposal is unlikely to breach the required maximum levels of noise breakout.

Delivery times and the use of skips for empty bottles are also controlled by conditions.

On this basis, it is concluded that the proposed development will not be detrimental to the amenity of nearby residents and visitors in accordance with Policy S10 of the UDP.

Odours

The kitchen will require substantial fume extraction to a level 1 metre above the windows of the flats above, subject to environmental health requirements. Two large flue pipes are shown on the rear elevation, and the detailed design is sought by condition.

Design Policies

Core Strategy Policy CS74 expects high quality development that would enhance the distinctive heritage of the City Centre, contribute to place-making, promote the city’s transformation, and enable safe and convenient access for all, especially families with children, people with disabilities and older people.

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

The building is also within the City Centre Conservation Area. Policy BE16 requires development and advertising to preserve or enhance the character or appearance of the Conservation Area.

140 Policy BE7 expects safe, easy and equal access for people with disabilities.

External Alterations

The proposed rear extension, the new fire escape doors, new glass doors to the main entrance, and external lighting are considered to be acceptable subject to details. These alterations will help bring the building up to date, allowing it to be re- used whilst complying with current requirements.

However, the design details need to be examined more closely to ensure that they do not adversely affect the character of this important listed building. The new elements to the front elevation, such as the new steel gates, glass doors and external lighting are especially sensitive, requiring care if the character of both the listed building and the street scene in George Street are to be protected and properly enhanced to assist with regeneration. It is for this reason that further details are required by conditions.

Internal Alterations

This proposal differs from the earlier scheme refused in 2007 in that the mezzanine floor is omitted, removing many of the difficulties of fitting such a structure into the building without unduly compromising its character. New marble floor tiles are proposed to the ground floor, to which there is no objection as the existing floor is finished in different materials in different areas; some in poor condition.

The raised floor area by the George Street windows is omitted, helping with listed building issues and improving inclusive access. A raised timber platform is proposed at the southern end of the main hall to allow live musicians to play. New timber stairs are proposed to give access to the basement, together with stud partitions to improve the kitchen layout. Further partitioning will enclose the existing stairs to the first floor

Following the receipt of revisions, the level of detailed information provided is considered to be adequate for a conditional approval. However there is substantial further work to be done on all the proposed alterations, to ensure that the character of the building is properly taken into account at the detailed stage. The applicant has been advised to seek specialist conservation advice to complete the design. This is confirmed in a directive.

Inclusive Access

The revised proposal shows a platform lift to the main disabled access at the southern end, with sufficient information to show that this entrance can be designed to an acceptable standard as an alternative main entrance for all users. Another platform lift, which will need to be enclosed, gives access to the overflow restaurant in the basement.

Further details of inclusive access and of both lifts are required by condition.

141 Refuse and Recycling

The revised drawings show bins located in the rear yard, accessed through the double doors to the street at the southern end. This arrangement is considered acceptable subject to a Method Statement confirming collection arrangements that will minimise obstruction to the narrow footway to George Street. This is required by condition.

Highways

There are no Highways objections to the proposal, subject to no doors opening over the public highway, and a Method Statement confirming servicing arrangements relating in particular to the type of delivery vehicles, times and frequency of visits. These are covered by conditions.

RESPONSE TO REPRESENTATIONS

Objections: (1) & (7) Noted, but the present congregation of the public on the steps and the issue of litter are not reasons for refusal. The proposal might equally well improve matters; (2) No additional street furniture is proposed and this would, in any event, be controlled separately under the Highways Act. Deliveries will be controlled by the Method Statement required by a condition; (3) & (4) Not considered sufficient reasons for refusal, bearing in mind the suitability of the building for restaurant use; (5) Noise breakout controlled by condition; (6) The use of George Street as a car park has been referred to City Centre Management for any necessary action; (8) & (9) Covered by Report.

CONCLUSION

This building has been empty for many years and needs a suitable use. The proposed restaurant is considered appropriate, as it combines the restoration of the interior with bringing new life to a historic street of great character. No other suitable option has come forward since the initial food and drink permission 10 years ago.

Any noise from coming and goings in the street are likely to be within acceptable limits for this location.

It is important that the completion of the design and fitting out of the restaurant is carried out to a high standard in a way that will protect and enhance the building’s character in accordance with Policy CS74 of the Core Strategy and Policies BE16 and BE19 of the UDP. This will be controlled by conditions at the detailed stage.

RECOMMENDATION

Grant subject to the recommended conditions.

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Case Number 08/02797/FUL

Application Type A Full Planning Application

Proposal Provision of a wind turbine on a 15 metre high tower (Re-submission of application 06/00640/FUL to amend position of turbine)

Location Fern Glen Farm Hathersage Road Dore Sheffield S17 3AB

Date Received 28/05/2008

Team SOUTH

Applicant/Agent Mr C Pursehouse

Recommendation Grant Conditionally

Subject to:

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

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

2 The proposed wind turbine shall be removed and the field restored to its former condition, when it is no longer required for the purpose of power generation.

In the interests of the visual amenities of the locality.

3 Before the use of the proposed wind turbine is commenced full details of additional tree and shrub planting, (to reduce the prominence of the turbine from Hathersage Road), shall have been submitted to and approved by the Local Planning Authority and such details as are agreed shall have been planted, within a timescale to be agreed with the Local Planning Authority. Such landscaping should be planted in accordance with the agreed timescale and retained thereafter.

In the interests of the amenities of the locality.

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4 The development must be carried out in complete accordance with the following approved documents,

Plan reference 28-CP-01P and 15580

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

GE1 - Development in the Green Belt GE2 - Protection and Improvement of the Green Belt Landscape GE3 - New Building in the Green Belt GE4 - Development and the Green Belt Environment GE8 - Areas of High Landscape Value and The Peak National Park GE13 - Areas of Natural History Interest and Local Nature Sites

and to all relevant material considerations, including Supplementary Planning Guidance.

144 Site Location

LOCATION AND PROPOSAL

The proposal involves the erection of a 17.7 metre high, Proven Energy, 6Kw wind turbine, (on a white pole, 15m high, with a black hub and 2.7m blades), in a field on the frontage of Fern Glen Farm, Hathersage Road, Dore.

The turbine is required to meet the energy needs of Fern Glen Farm, replacing the existing oil fired system with renewable energy and reducing carbon dioxide emissions therefrom.

Wind turbines are capable of being the subject of Environmental Statements, required under the terms of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. Schedule 2, 3 (i) of the Regulations relates to ‘Installations for the harnessing of wind power for energy production’. However, the applicable thresholds and criteria set out in the Regulations, for determining whether the development requires assessment through an Environmental Statement, indicate that only installations involving more

145 than 2 turbines, or with heights (to hub) exceeding 15 metres constitute EIA development. An Environmental Statement is not therefore required in this instance.

RELEVANT PLANNING HISTORY

The turbine was originally approved under planning permission 06/00640/FUL – for location in an adjoining field, but there was opposition from a neighbouring property. The current proposal would locate the turbine further away from the offended party.

SUMMARY OF REPRESENTATIONS

3 letters of objection were received from the Council for the Protection of Rural England and 2 interested parties on the grounds that, although the turbine is not located within the Peak Park, it is within an Area of High Landscape Value and is more prominent than the turbine previously approved. Set in an open field, against the skyline, it would be visible from a considerable distance across the valley.

Located on a major route out of the city it would have a greater impact upon the visual amenity of drivers, walkers and cyclists, than telegraph poles do.

The 6Kw of energy produced is insufficient to justify the adverse impact of the turbine upon the Green Belt, contrary to policies GE1, GE3 and GE4, which seek to conserve and enhance the Green Belt. Solar panels, a ground source heat pump or a household wind turbine, should be used instead.

1 letter of support was received from Councillor Jillian Creasy on the grounds that the relocation of the turbine will improve its efficiency and be less obtrusive for a neighbouring property. The turbine does not spoil the view in a Peak Park Gateway, but is a symbol of our commitment to a more secure future and a good advertisement for a green city. It will be more appealing to look at than telegraph poles and electricity pylons.

4 letters of support were received from nearby properties, on the grounds that the proposals will produce free energy from the wind and will conserve fossil fuels and avert harmful greenhouse gas emissions.

PLANNING ASSESSMENT

Land Use Policies

Planning Policy Statement 1 - requires local authorities to address the causes and impacts of climate change – through policies which reduce energy use and carbon emissions and promote renewable resources.

Planning Policy Statement 2 - Green Belts, permits the provision of essential facilities, within the Green Belt. As with electricity pylons and telegraph poles, small wind turbines are seen as essential facilities, which provide renewable energy and constitute appropriate development within the Green Belt.

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Planning Policy Statement 22 - Renewable Energy, requires that local planning authorities consider the incorporation of renewable energy in all new developments. Small-scale renewable energy projects, should be permitted even within National Parks and Areas of Outstanding Natural Beauty, provided that there is no significant detriment to the environment.

Developers should demonstrate the special circumstances, (such as the environmental benefits of renewable energy), that outweigh any harm and should use appropriate, siting, colour and design, to minimise the visual impact of renewable energy projects upon the Green Belt.

The Yorkshire and Humberside Regional Plan, requires Sheffield to provide 10% of its energy from renewable sources by 2010 and small scale micro-generation will be essential in order to achieve this.

Policy CS63 – (Response to Climate Change), promotes developments that generate renewable energy and policy CS64 – (Climate Change, Resources and Sustainable Design), requires developments to reduce energy consumption and carbon emissions.

Like telegraph poles and streetlights, small-scale wind turbines are considered to be appropriate and essential rural facilities, within the Green Belt, under PPS2 and PPS22, rather than inappropriate urban encroachment.

The development of wind turbines is promoted, even in Areas of High Landscape Value, provided that there is no significant harm to the landscape, nature reserves or nearby residents.

Design and Impact

Policies GE1, GE2, GE3, GE4 and GE8, of the Sheffield Unitary Development Plan 1998, require measures to maintain, enhance and improve Green Belt Areas and Areas of High Landscape Value and to restrict inappropriate urban development, except in very special circumstances. In Green Belt, Areas of High Landscape Value, the protection and enhancement of the landscape, is the overriding consideration.

The site is located within a Green Belt Area of High Landscape Value, but will not be visible from the Peak Park. An embankment at the Sheffield Tigers ground on the opposite side of Hathersage Road acts as a screen.

The wind turbine will be located 50 metres down the hill, on the Southern side of Hathersage Road, in the middle of a field adjoining the Dore Moor Nursery.

The landscaping around the nursery will screen the view of the turbine, from traffic heading out of the city, until they are quite close to the site.

147 The turbine will be screened from traffic heading into the city, by a woodland and by the barns and farm buildings of Fern Glen Farm, until they are quite close to the site.

The field itself is fairly open and the turbine will be visible as cars pass by, however, several native trees and shrubs are to be planted along the roadside boundary, to provide additional screening and it is considered that the turbine should not intrude in the landscape any more than the existing line of telegraph poles, which marches across the landscape just here, or the plethora of rugby goalposts, flagpoles and floodlights, which are evident at the Sheffield Tigers Ground, on the opposite side of Hathersage Road.

The turbine will be screened from the Green Belt to the South, by a wooded valley, but will be visible in the distance when viewed from Totley Heights.

The turbine is 100 metres away from Fern Glen Bungalow, the nearest residential property and 120m away from Fern Glen Farm and should not cause any undue noise, flicker or other nuisance at this distance.

The turbine is required in order to reduce the energy requirements and carbon- dioxide emissions of Fern Glen Farm, by providing a renewable energy source.

RESPONSE TO REPRESENTATIONS

The principle of having a wind turbine rather than other forms of renewable energy at Fern Glen Farm, has already been established by the former planning permission - 06-00640-FUL.

The wind turbine is a small turbine which will be partially screened from the Green Belt by the landscaping of Dore Moor Nursery to the West, woodlands in the valley to the South and by a woodland and farm buildings to the East and it is considered that it will not cause any significant harm to the openness of the Green Belt or neighbouring properties.

The proposals will provide clean, renewable energy for the property on which it is located and given the rising cost of fossil fuels and the urgent need to provide micro-generation to meet national and regional targets, this is considered to be adequate justification, as special circumstances, to outweigh any perceived environmental harm.

SUMMARY AND RECOMMENDATION

The proposals will relocate a 6Kw wind turbine, on a 17m high pole, approved within a field to the North of Fern Glen Farm, Hathersage Road, Dore, (under planning permission – 06/00640/FUL), into a field to the South of the farm, to reduce it’s impact upon nearby residential properties.

There are no policy objections to the proposals. Government advice in PPS22 encourages the development of wind turbines, even in Green Belt Areas of High Landscape Value, provided that there is no significant harm to the natural

148 environment. The generation of renewable energy is also promoted by Core Strategy policies CS63 and CS64.

The proposals have been assessed for radio, TV and radar interference and it is considered unlikely that the proposed turbine will cause any problems.

The turbine will be 100m away from the nearest residential property and there are no noise concerns at this distance.

The new location for the proposed wind turbine will have slightly more impact upon the openness of the Green Belt, however, it will be screened by existing hedges and woodlands around the field boundaries and additional tree and shrub planting is proposed along the roadside boundary. Overall it is considered that the turbine will be acceptable within the landscape.

The proposals will contribute towards the Government target, of cutting CO2 emissions to 12.5% below 1990 levels, between 2008 and 2012 and will help the city to meet the requirements of the Yorkshire and Humberside Regional Development Plan, which requires Sheffield to produce 10% of the city’s energy, from renewable sources by 2010.

The proposals are recommended for approval subject to appropriate planning conditions.

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Case Number 07/02245/CHU

Application Type Planning Application for Change of Use

Proposal Use of land as car park

Location Land At Junction With Beverley Street Leeds Road Sheffield

Date Received 01/06/2007

Team CITY CENTRE AND EAST

Applicant/Agent White Design / James MacDonald

Recommendation Grant Conditionally

Subject to:

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

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

2 The development must be carried out in complete accordance with the following approved documents drawing No's 0083/04/02/500, 200/-019-101, 200/-019-102, 200/-019-103, 200/-019-104, 200/-019-105, 200/-019-106 and 200/-019-201 unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

3 Within three months of the date of this decision notice a 2.5 metre wide visibility splay must be provided to the south of the car park entrance on Beverly Street unless otherwise agreed in writing with the Local Planning Authority.

In the interest of pedestrian and highway safety.

4 Within three months of the date of the decision notice two extra heavy standard trees shall be planted within the car parking area, details of which shall be submitted to and approved in writing by the Local Planning Authority of the following:

(i) tree species; (ii) methods of planting; (iii) tree pits and protection measures;

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Thereafter the trees shall be retained and they shall be cultivated and maintained for a period of 5 years from the date of implementation and any failures within that five year period shall be replaced unless otherwise agreed by the Local Planning Authority.

In the interests of the visual amenities of the locality.

Attention is drawn to the following justifications:

CS47 - Safeguarding Open Space LR5 - Development in Open Space Areas

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

151 Site Location

LOCATION AND PROPOSAL

This application relates to the formation of a small parking area (approximately 0.03 hectares) on land to the south of Beverly Street, Attercliffe.

The application site is in an allocated Open Space Area as defined in adopted Sheffield Unitary Development Plan and forms part of a larger open space area located between Leeds Road, Worksop Road and Beverley Street. The site was part of a series of pieces of land that were landscaped in the Attercliffe area in the early 1990’s for the World Student Games. The locality is commercial in nature with Don Valley stadium located to the east and the Attercliffe District Centre to the north.

The site was formerly covered with semi mature trees. To the frontage of the site is an electricity sub station, to the east, a three storey office block for which the parking is required. To the south is an area of grass land that is used informally by the Cocked Hat public house, which is located on the corner of Leeds Road and

152 Worksop Road. To the west of the site is an area of retained tree planting, which screens the site from Worksop Road.

RELEVANT PLANNING HISTORY

90/03364/FUL – Use of land as car park – Granted Conditionally.

05/01095/FUL - Erection of a 3-storey building to be used for offices and car valeting and formation of public car park (amended description, letter received 15.6.05) – Withdrawn

05/03133/FUL - Erection of 1 x 3 storey office block with associated car parking (resubmission) (amended description and amended site plan received 30 September 2005) – Granted Conditionally

06/04526/FUL - Erection of a 1 x 3 storey office block with associated car parking accommodation – Granted Conditionally

SUMMARY OF REPRESENTATIONS

No letters of representation have been received.

PLANNING ASSESSMENT

Land Use

Policy CS47 ‘Safe Guarding Open Space’ of the Core Strategy sets out criteria for considering development of open space. In order for a site to be considered surplus and therefore developable it must meet the following criteria set out in CS47:

- It can be deemed surplus to requirements; or - A better replacement open space is proposed; or - Built development is ancillary to the use of open space and would improve its open space value.

The proposal is for the use of land as a small car park. In this case, no replacement open space is proposed and the development is unrelated to any open space function. However the proposal can be considered acceptable in accordance with CS47 (f) where open space is considered ‘surplus’. As set out in PPG17, for an open space to be considered surplus to requirements, consideration needs to be given to the current use of the site and its potential to fulfil other unmet local open space needs.

The Council has carried out a citywide audit of open space in accordance with PPG 17 and a more detailed local assessment of open space. The site is included in the PPG17 open space audit as an example of an ‘amenity space’ that is of ‘average quality’. Amenity spaces are defined as landscaped areas that provide a setting for built development and are often small spaces that have little impact on the amount of open space provision in an area.

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A local open space audit has also been carried out, which confirms that due to the lack of an established residential population in the catchment area, overall open space provision in the area remains well above recommend guidelines and provision is unaffected by the loss of this small area for car parking. Therefore in accordance with Policy CS47, the proposed open space is considered surplus. However, for any development on open space land to be deemed acceptable, a number of criteria relating to the quality and value of the particular open space also need to be satisfied. Issues relating to the quality of open space are set out in the saved Unitary Development Plan Policy LR5 ‘Development in Open Spaces’. Policy LR5 seeks to protect open space from development that would:

- result in significant loss of mature trees; - significantly detract from the green and open character of the green network; - harm the character and appearance of a public space; - it would result in over development or harm the character of an area; - Impact on visual amenities of the area and character of the open space.

The landscaping, which formerly occupied the application site, comprised of densely planted quick growing tree species which formed part of a larger group of trees within the open space area. As a group, these trees have some amenity value. However the trees predominately provide screening and a buffer to Worksop Road. The removal of a small section of tree planting to accommodate the car park is not considered to affect the quality and appearance of the open space or the function of the site as an environmental buffer. A large majority of the trees in the open space are retained and will continue to provide screening to the proposed car parking and the office block to the east. The mature trees alongside Worksop Road, which have been allowed to grow larger due to their spacing, continue to provide a welcome softening affect in the street scene. The proposals have also removed an area of significant overgrown shrubbery around the existing electricity substation, which was detracting from the appearance of the streetscene. Therefore, although a small area of tree planting is proposed to be removed, the overall quality of the open space is not considered to be detrimentally affected by the proposals. The car park provides an improved setting for the adjoining office building and the useable grassed area of the open space between the site and the Cocked Hat pub is unaffected by the proposals. Additional tree planting is to be provided within the car parking area and suitable boundary treatment is proposed to enclose the car parking area. The proposal is therefore not considered to conflict with Policy LR5.

Policy LR5 seeks to protect open space from development that would significantly detract from the green and open character of the green network, which reflects the aims and objectives of Policy GE10 ‘Green Network’ of the adopted UDP. The site is not located in a green corridor, green link or desired green link area and as such the proposal is not considered to conflict with either Policies LR5 or GE10.

154 Highways Issues

The proposed layout of the car park is acceptable and affords suitable manoeuvrability to allow vehicles to enter and exit the site in a forward gear. The proposed parking area will be used in conjunction with the adjoining office use and will alleviate, to an extent, the substantial amount of on street parking that takes place in the vicinity, which often causes congestion and restricts access on Leeds Road and Beverly Street. Subject to the provision of a forward visibility splay to the west of the site entrance, which will be secured by a planning condition, the proposal is considered acceptable from a highways perspective.

SUMMARY AND RECOMMENDATION

This application relates to the formation of a small parking area (approximately 0.03 hectares) on land to the south of Beverly Street, Attercliffe. The application site is allocated as open space land in the adopted Sheffield Unitary Development Plan. The parking area will be used in conjunction with an adjoining office block.

The application site, although allocated open space, due to its size, position and the over provision of open space in the catchment area is considered surplus, in line with Policy CS47. The proposed car park improves the setting of the adjoining office building, and the loss of a small area of tree planting to accommodate the development is not considered to detrimentally affect the appearance of the open space or character of the area. Existing mature tree planting will be retained alongside Worksop Road, which will screen the site. As such, the proposal is considered to comply with Core Strategy Policy CS47 and LR5 of the UDP. It is therefore recommended that planning permission is granted, subject to conditions.

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