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

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SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate

REPORT TO CITY CENTRE SOUTH DATE 30/04/2007 AND EAST PLANNING AND HIGHWAYS AREA BOARD

REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

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

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

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

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

05/04564/FUL Bramall Lane Filling Station 105 Bramall Lane 6 Sheffield

06/02507/OUT 23 Carfield Avenue Sheffield 15 S8 9HY

06/03900/FUL Land To Rear Of 40 Carter Knowle Road 24 Sheffield

06/04091/FUL 9 Gerard Street Sheffield 30 S8 9SJ

06/04707/RG3 Pedestrianised Areas Fargate, Barkers Pool And Pinstone Street 43 Sheffield S1 2HE

06/04878/FUL Beighton Miners Club 52A High Street 51 Beighton Sheffield S20 1ED

07/00228/FUL 19 North Church Street Sheffield 61 S1 1TG

07/00366/CHU 411 Effingham Road Sheffield 68 S9 3QD

07/00367/LBC 19 North Church Street Sheffield 73 S1 1TG

07/00443/FUL Land Adjacent Sovereign Stainless Steels Ltd Warren Street 76

3 Sheffield

07/00491/CHU 21 Bellhouse Road Sheffield 86 S5 6HJ

07/00812/FUL The Oasis Upper Level Site Of Vue Cinema, Namco Wonderpark 60 The 90 Oasis & Margaritas 56 The Oasis Meadowhall Centre Meadowhall Way Sheffield S9 1EP

07/00862/FUL 2 Oak Park Sheffield 96 S10 5DE

07/01009/FUL Former Kendal Works 23-31 Carver Street 102 Sheffield S1 4FS

07/01055/FUL Office World 1 Eyre Street 111 Sheffield S1 4QW

4 5 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The CITY CENTRE AND EAST Planning And Highways Area Board Date Of Meeting: 30/04/2007

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 05/04564/FUL

Application Type A Full Planning Application

Proposal Demolition of existing sales building/forecourt shop and compound, erection of forecourt shop with ancillary storage, ATM, secure compounds, car wash and 3 jet wash bays and extension to existing canopy, erection of a two storey unit for Class A3 use and additional car parking (As per amended drawings received on 27th March 2007)

Location Bramall Lane Filling Station 105 Bramall Lane Sheffield

Date Received 30/11/2005

Team SOUTH

Applicant/Agent Wendy Williams BA(Hons) BTPL

Recommendation Grant Conditionally

Subject to:

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

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

2 The Petrol Filling Station shall not be used unless all redundant accesses have been permanently stopped up and reinstated to footway and kerb, and means of vehicular access shall be restricted solely to those access points indicated in the approved plans.

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

3 The Petrol Filling Station shall not be used unless the car parking accommodation for nine 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.

4 Prior to the commencement of development details shall be submitted and agreed in writing to the Local Planning Authority of all plant and associated equipment to be installed as part of the development. The applicant shall demonstrate that any plant and equipment associated with the development does not increase the background noise level when measured as a LA90 at the nearest noise sensitive façade. The approved plant and equipment shall be installed and appropriately maintained, unless otherwise agreed in writing with the Local Planning Authority.

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

5 The A3 element hereby approved 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.

6 Prior to development commencing, details of the means of screening so as to prevent the carry over of water spray beyond the boundaries of the site shall have been submitted to and approved in writing by the Local Planning Authority. Prior to the use commencing an approved screening shall have been erected and shall thereafter be retained.

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

7 Notwithstanding the terms of the Town and Country Planning (Use Classes) Order 1987, or any statutory instrument revoking and re-enacting that Order, the Class A3 unit shall be used solely for the use hereby permitted and shall not be used for any other purpose.

7 In order to define the permission.

8 The A3 element of the approved use shall be used only between 1200hours and 2400hours on any day.

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

9 Before the development is commenced details of the fencing to the Service Compound Area shall be submitted to and approved in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

10 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 materials for jet wash booths and car wash structure

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

In order to ensure an appropriate quality of development.

11 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.

12 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.

13 Before the development is commenced details of the cladding panels shall be submitted to and approved in writing by the Local Planning Authority. These details shall include panel sizes and means of fixing.

In order to ensure an appropriate quality of development.

8 14 The development shall proceed in accordance with the approved flood risk assessment incorporating the accepted mitigation measures into the construction of the development.

To minimise the impacts of flooding.

15 Finished floor levels of the development allowed by this permission shall be set no lower than 66.85 metres above Ordnance Datum.

To reduce flood risk.

16 No development approved by this permission shall be occupied until a scheme for the provision of an evacuation plan has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be incorporated into the site Health and Safety file in accordance with the approved details.

To provide safe evacuation during flood events and reduce reliance on emergency services.

17 Before the commencement of development details of flood proofing techniques shall be submitted to and approved in writing by the Local Planning Authority. These details shall incorporate in the design of the development details of flood proofing techniques to a level no lower than 300mm above the proposed finished floor level.

To reduce flood risk.

Attention is drawn to the following justifications:

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

MU5 - Bramall Lane Mixed Use Area MU11 - Conditions on Development in Mixed Use Area BE15 - Areas and Buildings of Special Architectural and Historic Interest BE16 - Development in Conservation Areas BE17 - Design & Materials in Areas of Special Character or Historic Interest BE19 - Development affecting Listed Buildings

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

Attention is drawn to the following directives:

1. You are required, as part of this development, to carry out works within the public highway. You must not start any of this work until you have received a signed consent under the Highways Act 1980. An

9 administration/inspection fee will be payable and a Bond required as part of the consent.

You should apply for a consent to:-

Head of Transport and Highways Planning, Transport & Highways Howden House 1 Union Street Sheffield S1 2SH

For the attention of Mr S A Turner Tel: (0114) 2736133

Site Location

10 LOCATION AND PROPOSAL

The application site is located on the eastern side of Bramall Lane, immediately to the north of the junction with John Street. To the south of the site is Bramall Lane football stadium. Lying to the north of the site are the grounds to St Marys Church, a Grade II* Listed Building. To the east of the site are buildings serving as a Day Nursery and a Mechanics Garage respectively.

The site currently operates as a Petrol Filling Station, with four pump islands, a car wash, a jet wash and an A1 small retail/serving unit (of approximately 385 metres sq in area).

The site is located within the Bramall Lane Mixed Use Area.

The application seeks permission to remove the existing sales building and erect a replacement building which will partly continue to serve as the sales/ forecourt building, and will also provide a two-storey A3 café/restaurant element. Also proposed is an extension to the canopy over the petrol pump islands, enabling the provision of an additional two pump islands, a new “roll-over” car wash replacing the existing facility, a set of three jet wash bays, modification works to the existing vehicular egress onto Bramall Lane, and a total of nine additional parking spaces for staff/customers and an ATM (cash machine).

RELEVANT PLANNING HISTORY

There is no planning history relevant to the current application site.

SUMMARY OF REPRESENTATIONS

Following consultation with neighbouring premises one representation has been received, the comments received can be summarised as follows:

Overall plan is commended, and appears to represent an improvement to the area.

New build may require road closures, causing problems to operation of the neighbouring business. This occurred when Sheffield United Football Club carried out construction work. Also construction created dirt, rubble and disruption etc.

PLANNING ASSESSMENT

The site is located within the Bramall Lane Mixed Use Area, and Unitary Development Plan policies MU5 and MU11 are therefore applicable. The proximity of the site to the Listed Building and its setting is also relevant, and therefore policy BE19 “Development Affecting Listed Buildings” is pertinent.

The site is also within the recently designated John Street Conservation Area, and policies BE15, BE16 and BE17 are therefore applicable.

Policy MU5 states that small A1 shops and A3 Food and Drink outlets are considered as an acceptable use within this mixed use area. It is also stated that

11 petrol filling stations are unacceptable uses, however, it is considered that the existing presence of the petrol station at the site deem that it would be unreasonable to resist consent in this instance due to the proposed expansion works to the petrol service station element included within the application. Since the policy states that the principle of A1 and A3 uses are acceptable, it is necessary to assess these uses against the provisions of policy MU11, which states amongst other things that development and / or change of use should:

- Preserve variety in the character of the neighbourhood - Not cause residents or visitors hotel, hostel, residential institution or housing to suffer from unacceptable living conditions - Be well designed and of a scale and nature appropriate to the site

Whilst Small A1 uses are stated as being acceptable in the area, it is considered that it would be preferred for A1 uses to be concentrated in the London Road District Shopping Centre. The current A1 floor space is approximately 84 sq metres, whilst the amount of A1 floorspace proposed is approximately 176 sq metres. Given the relatively limited level of increase in the amount of A1 floorspace proposed it is considered to be acceptable. However, it is considered that the A3 element of the proposal should be conditioned to remain in operation as an A3 function in order to ensure that it is not converted / partially converted to an A1 use. Any such conversion would be considered to be prejudicial to the operation of the London Road District Shopping Centre. Consequently, the proposal is considered to satisfy the policy MU5.

In relation to policy MU11 the character of the neighbourhood is considered to be preserved, as the proposal retains much of the existing use at the site. In terms of the proposal’s possible impacts upon residents the proposal is largely similar to what is already existing. A condition should be imposed which requires details of any plant and equipment to be agreed and the noise generated restricted to not exceed specified levels at the nearest noise sensitive façade/s. With additional conditions regarding odour control and opening hours of the A3 unit it is considered that the proposal would avoid having a harmful impact upon the amenities of neighbouring occupiers. The petrol filling station currently operates 24 hours per day, and is proposed to continue operating during these hours. Consequently these opening hours are considered to be acceptable. The A3 unit is proposed to open from 1200 hours to 2400 hours daily. This is considered to be acceptable and a condition relating to the specified hours is incorporated within the recommendation below.

Design Issues

The design of the new build element to the proposal has undergone a number of revisions, and it is considered that the most recently submitted version of the scheme is acceptable in terms of the contribution which it makes to the street scene. The two-storey element is not considered to be incongruous in the vicinity, mainly due to the presence of the football stadium. The revision is considered to incorporate modelling which emphasises the natural stone elements of the proposed building. The fencing type has been revised to show paladin fencing which is considered to be a more subtle alternative. Stone coping stones have

12 been proposed instead of a bull nosed fascia treatment. The amendments to the entrance to the A3 element are considered to be acceptable, giving a stronger presence within the street scene. Overall, it is considered that the revisions are acceptable, and consequently subject to appropriate conditions the proposal is considered to be acceptable in terms of its design.

As such it considered that the proposal would satisfy the provisions of BE15, BE16 and BE17, which essentially require proposals to preserve or enhance the character of the area and to be of a good design quality. Furthermore, in this regard English Heritage have commented that they do not wish to make any comments in relation to the proposal.

The proximity to St Marys Grade II* Listed Building necessitates assessment of the proposal in regards to UDP policy BE19. This policy requires the character and appearance of the settings of listed buildings to be preserved. The proposal is considered to avoid having a harmful impact upon the setting of the listed building, and therefore the proposal is considered to be acceptable in this regard.

Highways Issues

Regarding the proposal’s highway implications the most recent revisions are considered to be acceptable. It is noted that due to on-street parking occurring on John Street it is unlikely that a vehicle would be able to make the manoeuvre shown to the service area by delivery vehicles. This is not considered to be a significant concern since the deliveries would instead be made from the highway which would be of acceptable impact due to the nature of John Street at this point. Overall, it is therefore considered that the proposal is acceptable subject to the imposition of conditions regarding the stopping up of redundant accesses and the provision and retention of the indicated parking accommodation. These are considered to be acceptable and it is therefore recommended that they are incorporated as part of any recommendation for approval.

Contamination

Disruption of the existing forecourt would be limited to re-surfacing of the existing forecourt, and consequently it is not considered that disturbance of this nature would necessitate a contaminated land report to be submitted. The existing pumps will be replaced with modern versions, and the existing underground storage tanks will remain. Consequently, it is not considered that the proposal would give rise to the need to impose conditions relating to possible contamination issues. Other Issues

Flood Risk

The site is located within a Flood Zone and therefore a Flood Risk Assessment was submitted as part of the application. Simply this concludes that the proposed development does not present an increased flood risk at the site or elsewhere, and that any residual flood risk can be managed through the implementation of mitigation measures.

13 In relation to this matter the Environment Agency comment that the Flood Risk Assessment is considered to show that the development will be protected to the appropriate standard defence level. On this basis a number of suggested conditions are indicated within the recommendation below.

RESPONSE TO REPRESENTATIONS

Any disruption resulting from the building operation is not considered to be a material planning consideration, and would not form a reason for refusal of the application.

SUMMARY AND RECOMMENDATION

The application seeks consent to carry out works to demolish the existing petrol sales building and replace with a combined sales and A3 unit building. Also proposed are works to increase the forecourt canopy, provide additional pump islands, a replacement car wash, jet wash facilities and modifications to the existing vehicular egress onto Bramall Lane.

The proposal is considered to be acceptable in terms of its impacts within the Bramall Lane Mixed Use Area and the buildings are considered to have an acceptable impact upon the street scene and the character of the John Street Conservation Area. The proposal is also considered to avoid harming the setting and the appearance of the Listed Building, St Marys Church.

Therefore, the proposal is considered to satisfy the requirements of UDP policies MU5, MU11, BE15, BE16, BE17 and BE19. As such the proposal is considered to be acceptable and approval is recommended.

Case Number 06/02507/OUT

Application Type Outline Planning Application

Proposal Erection of a dwellinghouse

Location 23 Carfield Avenue Sheffield S8 9HY

Date Received 29/06/2006

Team SOUTH

Applicant/Agent Planning Prospects

Recommendation Minded to Refuse

Subject to:

1 The Local Planning Authority consider that the proposal represents backland development which would be out of keeping with the character of the area and would be injurious to the visual amenities of the locality. Therefore, such development is contrary to Policy H14 (a) of the Unitary Development Plan.

2 The Local Planning Authority consider that owing to the presence of a significant built form at an elevated level, the proposed development would be overbearing in relation to adjoining residential property, and would therefore result in an unacceptable affect on the visual and recreational amenities of occupiers of adjoining property. Therefore such development is contrary to Policy H14 (c) of the Unitary Development Plan and Guideline 5 of the Supplementary Planning Guidance on Designing House Extensions.

3 The proposed means of vehicular access to the site of the development is considered by the Local Planning Authority to be unsuitable for use by service and emergency vehicles owing to the restricted dimensions of the access drive and the lack of suitable turning arrangements. Therefore, the development is contrary to Policy H14 (d) of the Unitary Development Plan.

15 Site Location

INTRODUCTION

An appeal has been submitted to the Planning Inspectorate against the non- determination of this application. This report is therefore seeking endorsement of officers recommendation regarding the decision that the Local Planning Authority would have been minded to make in the event that an appeal had not been submitted.

LOCATION AND PROPOSAL

The application site is located to the rear of Numbers 11 to 23 Carfield Avenue, and also includes an access that runs along the rear boundaries to 25 to 65 Carfield Avenue. This access runs off a small length of road named Carfield Place adjacent to 65 Carfield Avenue. Directly off Carfield Place is the primary entrance

16 to the Meersbrook Allotment site which adjoins the full length of the application site. To the south of the application site is the Meersbrook Allotment site.

The application seeks consent in outline form (with all matters reserved for consideration at a later stage) for 1no. bungalow type dwelling. An indicative drawing has been submitted which shows a proposed bungalow measuring 9m x 11m, and three parking spaces for use by the proposed bungalow and 23 Carfield Avenue.

The site previously included a garage and trees which have been removed during the course of consideration of the application.

The site initially incorporated a garage connected to the host dwelling at 23 Carfield Avenue. This was demolished during the course of assessment of the application.

The indicative layout shows a pedestrian footlink to the site alongside 23 Carfield Avenue from the main highway frontage.

The site is located within a Housing Area, according to the Unitary Development Plan.

RELEVANT PLANNING HISTORY

06/00293/OUT; Erection of two dwellinghouses. Refused, 25.04.2006

The reasons for refusal were as follows:

1. The Local Planning Authority consider that the proposal represents backland development which would be out of keeping with the character of the area and would be injurious to the visual amenities of the locality. Therefore such development is contrary to Policy H14 (a) of the Unitary Development Plan.

2. The Local Planning Authority consider that the proposed development would be overbearing in relation to adjoining residential property, leading to loss of light impacts, and would therefore result in an unacceptable affect on the visual and residential amenities of occupiers of adjoining property. Therefore such development is contrary to Policy H14(c) of the Unitary Development Plan and guideline 5 of the Supplementary Planning Guidance on Designing House Extensions.

3. The proposed development does not include replacement car parking for the dwelling at No.23 Carfield Avenue within the site and the Local Planning Authority consider that, in the absence of such car parking accommodation, the proposed development could lead to an increase in on-street parking in the vicinity of the site, which would be detrimental to the safety of road users and , as such contrary to Unitary Development Plan Policy H14 (d).

17 4. The proposed means of vehicular access to the site of the development is considered by the Local Planning Authority to be unsuitable for use by service and emergency vehicles owing to the restricted dimensions of the access drive and the lack of suitable turning arrangement. Therefore, the development is contrary to Policy H14 (d) of the Sheffield Unitary Development Plan.

SUMMARY OF REPRESENTATIONS

In response to direct consultation a total of 34 representations objecting to the application have been received.

Additionally, two petitions including 42 and 21 signatures respectively have been submitted.

The comments made can be summarised as follows:

- Previous objections mainly remain valid.

- Inadequacy of access lane, which is not capable of being improved.

- Proposed parking space will be infrequently used, due to nature of access lane.

- Pedestrian access will be likely to lead to cars being parked on Carfield Avenue.

- The garage has not been used for a considerable length of time (28 years), when vehicle needed to be towed out due to unusability of lane.

- Use of lane would lead to noise and disturbance.

- Concern relating to applicants reference to improvements to access lane and what this entails.

- Safety of children playing in lane.

- Proposal would reduce impacts on adjacent properties, but would still have an impact on nearest properties.

- Loss of light to neighbouring dwellings and gardens.

- Privacy impact concerns, heightened by elevated level of site.

- Proximity of proposed dwelling.

- Proposed pathway would run adjacent to side of neighbouring property which includes side elevation windows. Also impractical for emergency services to use this access.

- Impact upon local wildlife and fauna, in what is a conservation area.

- Concern relating to agent’s reference to site as brownfield land, as site is felt to be a greenfield land.

- The site previously was an un-used garden and was not visually harmful.

- Proposal out of character with gardens and allotments.

- Possibility of future building.

- Development would jeopardise some ancient trees and hedges.

- Application incorrectly states that applicant owns lane.

- Applicant should submit specific plans rather than outline details.

- Access to site will jeopardise boundary walls.

- Site has Japanese Knotweed.

- Garage owners would not be able to use garages during building process.

- Difficulties in connecting to main drainage, and provision of other services (refuse collection, emergency vehicle access, postal deliveries etc).

- Confusion regarding indicated parking areas.

- Concern regarding possibility of rented housing.

- Increased risk of vandalism.

- Loss of outlook onto allotments.

- Loss of property value.

One letter of support for the proposal has been received.

PLANNING ASSESSMENT

The site is located within a Housing Area in the Unitary Development Plan. The adjoining allotment site is designated as Open Space Area.

The main body of the site in terms of the definitions given within PPG 3 (Housing) is considered to be “previously developed” land, formerly being within the curtilage of 23 Carfield Avenue which is a residential property. Given the relative proportions of the current building with its garage and the remainder of the combined plot, it is considered that there are no land use policy grounds for

19 withholding outline consent for redevelopment to the boundary of the curtilage of this property.

The site’s location in a Housing Area means policies H10 and H14 are relevant to consideration of the application.

H10 states that housing is the preferred use within housing areas. The provisions of the supplementary policy H14 states that new development will be acceptable, where, amongst other things:

- New buildings and extensions are well designed and would be in scale and character with neighbouring buildings - The site would not be over-developed or deprive residents of light, privacy or security, or cause serious loss of existing garden space which would harm the character of the neighbourhood - It would provide safe access to the highway network and appropriate off- street parking and not endanger pedestrians - It would comply with policies for the Built and Green Environment

Scale and Character of Proposal

The access lane to the rear of 25 to 65 Carfield Avenue serves as access to garages, outbuildings and pedestrian accesses to the respective dwellings rear gardens. The north side of the access track is very much characterised by curtilage based, small scale buildings of a nature which are subservient to their host dwellings. In addition the buildings commonly serve as means of enclosure along the rear boundaries of the gardens in question. Simply the rear gardens to these Carfield Avenue properties are characterised by small-scale, curtilage/subservient buildings which fulfil incidental purposes to the main dwelling/s.

The range of existing garages/outbuildings are considered to be quite different in nature from the current outline proposal for 1no. bungalow type residential property. The existing range of outbuildings does not provide justification for the current outline proposal for one bungalow. Essentially, the proposal would be considered to represent a form of backland development, with a lengthy private drive facilitating access to the proposed bungalow. This would be considered as being out of keeping within the area. This would harm the distinctive and cohesive character of curtilage buildings served via the access lane, adjacent to the site. In this regard the proposal would be considered to be significantly out of character within the overall pattern and scale of the existing development which leads to visual incongruity. On this basis the outline proposal is considered to be out of keeping with the scale and character of the immediate vicinity, and as such the proposal is considered to be contrary to policy H14(a).

Impact of Proposal Upon Amenities of Neighbouring Occupiers

The main body of the application site is elevated by approximately 2 to 3m above the level of the existing Carfield Avenue properties’ gardens. The proposed

20 bungalow has been identified in information submitted by the Applicants as being just over 2m to its eaves level.

The Council’s Supplementary Planning Guidance – Designing House Extensions, whilst not directly applicable to the construction of new dwellings gives helpful parameters for acceptable relationships between proposed development works and existing neighbours. Guideline 5 states that a blank wall should not be located closer than 12m in front of ground floor main windows of neighbouring properties. Based upon this parameter and the elevated nature of the site it is considered that the proposed bungalow is likely to have an overdominant and overbearing impact on occupiers of adjoining dwellings. It is considered to be likely to lead to some extent of loss of light to the properties in closest proximity to the proposed bungalow. The loss of direct light would be concentrated during the late a.m. hours, particularly during winter months.

Since the application reserves all matters at this stage it can be assumed that habitable rooms and their respective windows would be situated on the elevation facing toward the south. The elevation facing north would be capable of being either blank or incorporating windows to non-habitable rooms. It is therefore considered that the bungalow itself would be capable of avoiding leading to opportunities for overlooking and any consequential loss of privacy.

The current application shows on the submitted drawings the incorporation of a pedestrian access directly from Carfield Avenue. The existing property at 23 Carfield Avenue has its entrance door approximately half way along its eastern elevation. There is also a garden gate in line with the back elevation of number 23 on this same side. The neighbouring dwelling at 21 Carfield Avenue includes a secondary kitchen window and a upstairs hallway window, as well as two other openings in its side elevation. Given that 23 has its main entrance door along this side a degree of movement along this area already occurs. However, the proposed arrangement would introduce foot traffic to the rear portion of 23, thereby increasing activity at the rear portion of number 21, where a secondary kitchen window is located. This is considered to have a potential harmful impact upon the residential amenities of the neighbouring occupier. It is considered that this issue could be reasonably addressed via the erection of a length of fencing along the boundary between the two properties. Similar fencing runs along the rear gardens of the two properties, which is considered to prevent pedestrians being able to overlook number 21’s rear garden and rear elevation windows. This aspect is not considered to give rise to significant demonstrable harmful impact upon neighbouring occupiers’ amenities.

Highway Issues

Concerns are raised in relation to the existing access, which is considered to be substandard in terms of its width, surface and pedestrian facilities. The width of the access lane includes a number of very narrow points, being limited 2.2 metres in places. This is considered to be unacceptable and would prejudice access to the proposed bungalow by emergency vehicles. The access must be a minimum width of 3.7m along its duration, to allow fire appliance vehicles to appropriately access the main body of the site. The width of

21 the track could be increased via the removal of the existing hedgerow and the levelling of a width of banking up to the hedgerow, which forms the boundary to the allotment site. Even with this enhancement it is considered that the resulting lane would not be considered to be acceptable in terms of its width. Furthermore whilst the hedgerow is not formally protected it is considered that the loss would have a harmful impact upon the visual amenities of the area. Overall, the inadequate width of the access lane and the lack of appropriate turning facilities deem the proposal to be unacceptable in relation to H14 (d).

It is noted that there are no pedestrian facilities provided, or capable of being provided, along the access lane. It is not considered that the net increase of vehicles associated to one unit would compromise pedestrian safety along the lane. The absence of pedestrian facilities would therefore not be capable of supporting a reason for refusal. Given the limited increase to vehicular movement it is not considered that the noise and disturbance caused by movement would act to have a harmful impact upon the amenities of neighbouring occupiers.

The proposal includes parking provision for the dwelling at 23 Carfield Avenue, as well as parking provision for the proposed bungalow. The proposed parking would be considered to be satisfactory and to avoid the creation of on-street parking on the Carfield Avenue frontage. This aspect of the proposal is therefore considered to be acceptable.

RESPONSE TO REPRESENTATIONS

The majority of points raised by neighbouring occupiers are covered in the body of the report. In relation to the items that are not addressed, the following comments can be made:

A number of correspondents refer to the site being within a Conservation Area. The site is not located within a Conservation Area.

The trees within the site were considered as part of the previous application, and it was not considered that they were worthy of formal protection.

The applicant has notified the Council’s Property Services department in relation to the element of the site which does not fall under their ownership.

The level of information necessary to make a decision on the application is considered to have been submitted with the application, it is therefore not necessary to request further information.

The issue of Japanese Knotweed is a material factor. In instances where a resolution to approve is being recommended it would be appropriate to require eradication through a planning condition.

Restrictions on use of other garages during construction is not considered to be a material planning consideration.

22 Drainage in relation to a single dwelling would not typically be an issue investigated as part of such a proposal.

The intended tenure of any proposed dwelling is not a material planning consideration.

Increased risk of vandalism is not a material planning consideration.

Neighbouring occupiers do not have a right for their view to be protected.

Loss of property value is not itself a material planning consideration, however, some of the factors which combine to effect value are dealt with in the above report.

SUMMARY AND RECOMMENDATION

The application is seeking outline consent for a single detached bungalow, with all matters reserved for later assessment. The proposal is considered to be sufficiently out of scale and character with the vicinity for the development to be considered to be injurious to visual amenities of the occupiers of neighbouring dwellings. As such the proposal is considered to be contrary to policy H14(a).

The proposed bungalow would be expected to have a harmful impact upon the amenities of neighbouring occupiers, due to an overbearing and overdominant impact. As such the proposal is considered to be contrary to the provisions of policy H14(c), as well as the parameters set out within guideline 5 of the Supplementary Planning Guidance relating to Designing House Extensions.

The access lane is considered to be of inadequate width and the site is not capable of providing turning facilities for delivery and/or emergency vehicles. Therefore, the proposal is considered to be contrary to policy H14(d) of the UDP.

It is therefore considered that the outline proposal is unacceptable, Members are therefore requested to endorse a “minded to refuse” recommendation.

Case Number 06/03900/FUL

Application Type A Full Planning Application

Proposal Erection of 12 no. one-bedroom apartments and provision of 14 parking spaces

Location Land To Rear Of 40 Carter Knowle Road Sheffield

Date Received 11/10/2006

Team SOUTH

Applicant/Agent DLP Consultants Ltd

Recommendation Minded to Refuse

Subject to:

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

2 The proposed development would result in an over-intensification of the use of an existing sub-standard means of vehicular access which the Local Planning Authority consider would be detrimental to the safety of road users and to the free and safe flow of traffic on Carterknowle Road and Swaledale Road and, as such, contrary to Unitary Development Plan Policies H5 and H14.

24 Site Location

INTRODUCTION

LOCATION AND PROPOSAL

The proposals involve the demolition of workshops, currently used for antiques warehousing, at the rear of 40, Carterknowle Road and the erection of 12 flats on the site, together with car parking for 14 cars, turning space, bin and bike stores, landscaping and a wall, railings and gates for security.

The proposed flats will be 3 storeys high on a footprint, 28m long x 7.4m wide x 9.1m high to the ridge and 6.5m high to the eaves. The third floor would be a dormer half storey in the roofspace. The flats would provide 4 flats per floor, each 6m wide x 7m deep, providing a kitchen / living room, a bedroom and a bathroom / wc. The ground floor flats would have level access and be suitable for occupation by disabled persons.

RELEVANT PLANNING HISTORY

Planning permission - 03/04395/FUL - for the demolition of the workshops and the erection of a 3 storey block, of 8 flats, with bin and bike stores and car parking, was granted on the 9th of August 2004.

A previous application - 03/02926/OUT, for the erection of 15 flats was withdrawn on the 22nd of September 2003.

An application - 82/02969/OUT, for the erection of 10 flats, was refused on the 8th of December 1982.

SUMMARY OF REPRESENTATIONS

6 letters of objection were received on behalf of neighbouring properties, including a letter from Councillor Pat White, on the grounds that;

The proposed 3 storey flats are an over-development of the site, which would provide too many flats, would be too high and would be too close to existing housing, to the detriment of 38 and 40, Carterknowle Road, which would suffer from increased traffic, noise, pollution and disturbance and loss of light and privacy.

The proposals would use a substandard driveway, located in a blind spot, at the junction of Swaledale Road and Carterknowle Road, with inadequate visibility splays, close to a school and would be a safety hazard for traffic and pedestrians visiting the school.

The access is unable to provide satisfactory access for fire and emergency services and it’s use should not be intensified. New fire regulations coming into effect in April 2007, require access for a fire appliance to within 45 metres of all parts of a new building.

The previous proposals for 8 flats were considered equivalent to the existing antiques business, in terms of traffic generation. The current proposals over- intensify the use of this access.

The proposals show the provision of a wall, railings and gates, which would be attached to the boundary wall of 40 Carterknowle Road and the owner of No. 40 would object to anything being attached to her boundary wall.

26 The submitted plans are not sustainable. Any development here should be energy efficient and incorporate solar or windpower, to help meet the Government’s Target, of providing 12% of electricity from renewable sources by 2010.

PLANNING ASSESSMENT

Policy Issues

The site is located within the Nether Edge Housing Policy Area on the Sheffield Unitary Development Plan, 1998 and housing is the preferred use, under policy H11, subject to compliance with policy H14, which requires that any changes of use, must be in scale and character with adjoining buildings, must not overdevelop the site, depriving residents of light, privacy, security or garden space and must provide safe access to the highway, with appropriate off street car parking and must not endanger pedestrians.

Policy H5 requires that planning permission will only be granted for flats where a concentration of these uses would not cause serious nuisance or unsatisfactory living conditions for existing residents and would provide appropriate off-street car parking for the needs of the people living there.

The Council’s car parking guidelines require the provision of car parking at a ratio of 1.25 car parking spaces per flat.

This area is deficient in public open space and any development approved here, would be required to make a section 106 contribution towards open space provision or enhancement, under policy H16 of the Sheffield Unitary Development Plan, 1998.

The site is a backland site, with a substandard access and the proposals for 12 flats are considered to be an over-development of the site, which would over- intensify the use of a narrow driveway and would provide inadequate off-street car parking provision, in close proximity to the junction with Swaledale Road and Carterknowle School to the detriment of pedestrian and traffic safety, on Carterknowle Road, contrary to policies H5, H14 and the Council’s car parking guidelines.

National policy guidance in the form of PPS3 “Housing” and PPG13 “Transport” support the use of previously developed land, in sustainable locations, for housing purposes. PPG13 discourages overprovision of car parking but requires Local Planning Authorities to be aware of local circumstances.

Highway Issues

The site access is substandard, (only 3 metres wide in places) and is only 5 metres away from the junction of Carterknowle Road with Swaledale Road and is in close proximity to a school. The previous approval for 8 flats was approved, with reservations in respect of policy H5, on the basis that the proposals, on balance, were a better use than the existing use for antiques restoration.

27 However, the proposed use as 12 flats, represents a significant intensification, (both vehicular and pedestrian), of the use of the existing access, which is considered to be unacceptable in this location.

The Council’s car parking guidelines require that a scheme for 12 flats should provide 15 car parking spaces, yet the site only provides 13, (enough for 10 flats). This could exacerbate existing on-street car parking problems, close to a junction and a school, to the detriment of road safety and is considered to be unacceptable. A lesser number of flats perhaps 10, could be accommodated in order to ensure satisfactory off-street car parking in line with the Council’s car parking guidelines. Officers have suggested this reduction in numbers to the applicant’s agent but this has been resisted.

There are no on-street car parking controls here, which would permit the acceptance of reduced car parking standards.

Carterknowle Road is a bus route, and the site is accessible on foot from the Abbeydale Road corridor. As such, there is potential for a reduced level of car parking. However, some of the proposed parking spaces are substandard in their design, in that they are extremely difficult to access and egress. As such the effective number of spaces is further reduced. Inadequate car parking provision cannot be supported, in this instance owing to the likely impact on highway safety.

The previous scheme for 8 flats, provided 10 car parking spaces for the flats, and retained 4 car parking spaces for 40 Carterknowle Road and this complied with the Council’s car parking guidelines.

The current proposals would leave No. 40, with only 1 car parking space, (the car parking guidelines require 2) and would leave a shortfall of 2 spaces, for the proposed flats. This represents a shortfall of 3 spaces for the site as a whole. The location of the site, so close to a junction and a school, is such that a car parking shortfall would add to existing on street car parking congestion and would be detrimental to road safety. The proposals are therefore considered to be an unacceptable over-development of the site.

The site has a substandard access, (unsuitable for use by fire engines), which is currently used by commercial vehicles and as such, was permitted for 8 flats, contrary to policy H5.

However, the proposed increase to 12 flats, is considered to be an unacceptable over-intensification of the use of a narrow access, shared by both pedestrians and vehicles, with noise, safety and disturbance implications for adjoining residents, especially at bin collection times.

Design and Impact

The scheme is similar in design and footprint to that previously approved, except that it’s height has been raised 500mm and the number of flats has been increased from 8, to 12. The site area has been increased slightly, by the purchase of 3

28 garages, from No. 40 Carterknowle Road. These would be demolished, to form additional car parking spaces, for the 12 flats.

The rise in height is relatively insignificant and the design is considered to be acceptable in terms of design and footprint. However, the proposals are considered to be an over-development of the site in terms of the number of flats proposed and the shortfall in car parking spaces proposed.

RESPONSE TO REPRESENTATIONS

The proposals have been amended to avoid any impact upon the boundary wall of No. 38.

The proposals comply with the Council’s Housing Design Guidance for privacy distances and should not have an undue impact on the privacy of 38 and 40 Carterknowle Road.

The proposals are only 9.1m high and this is not considered to be out of character in this location.

However, the number of flats proposed, is considered to be an over-intensification of the use of the substandard access and an over-development of the site.

SUMMARY AND RECOMMENDATION

The site is a backland site, which is currently used for antiques restoration and has existing permission for the demolition of the existing buildings and the erection of 8 flats. This complies with the Council’s car parking guidelines and does not overdevelop the site.

The current proposal for 12 flats is considered to be an over-development of the site, which over intensifies the use of a substandard access and provides inadequate car parking provision, for the number of flats proposed.

It is therefore recommended that the proposal represents an unacceptable increase over the previously approved development, and Members are therefore requested to endorse a “minded to refuse” recommendation.

Case Number 06/04091/FUL

Application Type A Full Planning Application

Proposal Demolition of existing building and construction of 10 residential apartments, including the provision of 6 off- street car parking spaces and associated landscaping (In accordance with amended plans and details received 09/03/2007)

Location 9 Gerard Street Sheffield S8 9SJ

Date Received 25/10/2006

Team SOUTH

Applicant/Agent IJB Architects

Recommendation GRA/GC subject to Legal Agreement

Subject to:

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

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

2 Before any work on site is commenced, a landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The scheme shall be carried out in accordance with the approved details within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority. When the above-mentioned landscaping has been carried out, thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.

In the interests of the amenities of the locality.

3 The landscape scheme referred to in condition 2 above shall incorporate hedge planting at the rear of the building, parallel to the rear of units 2 and 3.

In order to provide an element of separation and privacy to those units.

4 The existing trees within the site of the development, other than the trees indicated for removal on the plans, shall not be lopped, topped, destroyed or otherwise removed without the prior written agreement of the Local Planning Authority, but if notwithstanding this condition any tree other than the afore- mentioned trees indicated for removal is removed or destroyed or damaged to such a degree that in the opinion of the Local Planning Authority its removal is necessary, then a replacement shall be planted of a species and size to be approved by the Local Planning Authority prior to planting. Any such replacement shall be cultivated and maintained for 5 years and any failure within that 5 year period shall be replaced with like species unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

5 Before any work on site is commenced full details of the measures to be taken to protect the existing landscaping within and/or adjoining the site of the development during construction works shall be submitted to and approved in writing by the Local Planning Authority. These measures shall include means of preventing the ground beneath the canopy of such trees and/or hedges from being disturbed or used for storing materials of any kind.

In the interests of the amenities of the locality.

6 Before work on site is commenced, details of a suitable means of site enclosure shall be submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such means of site enclosure has been provided in accordance with the approved details and thereafter such means of site enclosure shall be retained.

In the interests of the amenities of the locality.

7 The surface water discharge from the site is subject to a reduction of at least 20% compared to the existing peak flow. Detailed proposals for surface water disposal, including calculations to demonstrate this reduction, must be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. It shall then be implemented in accordance with the approved details.

In order to mitigate against the future risk of flooding.

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

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

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

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

10 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.

11 The apartments shall not be used unless the car parking accommodation for 6 vehicles 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.

12 Before the development is commenced, the relocation of the existing street lighting column shall be agreed in writing by the Local Planning Authority, and thereafter, the lighting column shall be re-sited to the agreed location prior to any works commencing on site.

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

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

In the interests of the safety of road users.

32 14 Before the development is commenced, full details of suitable and sufficient cycle parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority and the apartments shall not be used unless such cycle parking has been provided in accordance with the approved plans and, thereafter, such cycle parking accommodation shall be retained.

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

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

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

16 Before any work on site is commenced, a dilapidation survey of the surrounding highways shall be jointly carried out and agreed with the Local Planning Authority and upon occupation of the apartments any remedial works identified shall be completed to the satisfaction of the Local Planning Authority.

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

17 Upon occupation of any of the car free apartments, a South Yorkshire Passenger Transport Executive Travel Master public transport pass shall be provided for a minimum period of 2 years for each of the car free apartments in the scheme.

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

18 Prior to works on site commencing, details of sound attenuation works (between the flats) shall have been submitted to and approved by the Local Planning Authority and thereafter, the approved noise attenuation works shall be implemented unless otherwise agreed in writing by the Local Planning Authority. The flats shall not be occupied unless the approved noise attenuation works have been implemented.

In order to prevent the transmission of an unacceptable level of noise to the detriment of the future occupiers of the flats themselves.

Attention is drawn to the following justifications:

33 H5 - Flats, Bed-sitters and Shared Housing H14 - Conditions on Development in Housing Areas BE16 - Development in Conservation Areas

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

Attention is drawn to the following directives:

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

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

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

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

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

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

You should apply for a consent to:-

Head of Transport and Highways Planning, Transport & Highways Howden House 1 Union Street Sheffield S1 2SH

For the attention of Mr S A Turner Tel: (0114) 2736133

4. The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact

34 Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services. The agreed address must be clearly displayed at each individual property before occupation in order to ensure that the postal service can correctly locate each property of delivery purposes.

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

Site Location

35 LOCATION AND PROPOSAL

This is an application for residential development involving the demolition of an existing vacant building (formerly used as a stationery office and warehousing business). Following the demolition of the existing building, the proposal involves the creation of a new two-storey building (with some accommodation in the roofspace). The new building will accommodate 10 self-contained apartments/flats (6 one-bedroom apartments and 4 two-bedroom apartments). In addition to the 10 new apartments, the proposal incorporates off-street car parking for 6 vehicles, a communal garden /amenity space and some additional landscaping works/tree planting.

The application site is located within a Housing Policy Area and occupies a prominent position on Gerard Street where it is flanked on three sides by existing residential properties. The character of the immediate area is predominantly residential (with the mixture of housing types/styles including: three-storey linked townhouses, traditional two-storey semi-detached dwellings and single-storey linked-bungalows.

Although vacant, the existing building is a large one and half/two storey brick-built structure. The shape of the building is that of a large pitched roof structure with a prominent two-storey flat roof extension/feature dominating the front. As a result of vandalism, general neglect and overgrown landscaping, the external appearance of the vacant building has deteriorated in recent years resulting in the site being a bit of an eyesore.

The application was originally submitted on the basis of the development being for 12 apartments, however, concerns raised by officers have led to the scheme being reduced.

SUMMARY OF REPRESENTATIONS

Thirteen letters of objection were received to the original proposal.

A summary of the representations received in response to the original proposal are:-

- There is inadequate provision for off-street car parking within the site to accommodate the residents and visitors and therefore, there will be an increase in on-street parking (particularly on Gerard Street) which will be to the detriment of existing residents (including many children who currently play on this quiet cul-de-sac street). - The close proximity of windows in this development along neighbouring boundaries will result in overlooking and loss of privacy for existing residents. - The proposed new building will be the most prominent building on Gerard Street and the variations of external facing materials will only serve to make the building even more conspicuous in the street scene. - The use of a wind turbine on the roof structure is welcomed however, has the developer carried out an assessment to ensure that there would be

36 adequate wind strength in this locality to make the wind turbine an effective component of the scheme? - The proposal could generate anything between 12 and 24 additional vehicles associated with the development. The lack of adequate off-street car parking provision for the future residents of the apartments is unacceptable, other developments are required to provide appropriate off- street parking to accommodate the future residents and visitors. Parking could have been provided in a basement car park or at ground floor level in a much-reduced scheme. The site is being over-developed. - The provision of one-year bus passes for some of the apartments (i.e. those without a designated car parking space) will not guarantee that those residents will not own cars either in that one year bus pass period or after the free bus pass period has elapsed. The developer should therefore be made to ensure that there is sufficient off-street car parking for the development. - The previous business operated as a predominantly daytime use, however, as a result of this proposal, the development will in effect bring with it 24- hour activity (an increase in the comings and goings on the street, i.e. taxis picking up/dropping off fares, hot food takeaway deliveries being dropped off, more people coming and going, etc), the increased activity will be detrimental to the living conditions of existing local residents in terms of security and late night noise. - The actual design of the building is a matter of concern, the majority of houses in this area are small residential dwellings, the type of complex being proposed is more suited to the inner city living schemes, where bulk housing is generally accepted. - The scheme clearly represents an over-development of the site. - The building will be bigger than the existing building. - The removal of a street light will make the street darker. - The proposal will have several kitchen windows on the side elevation that will only be approximately 3 metres from neighbouring properties, as a result there will be loss of privacy and cooking smells affecting existing residents. - The increased height and depth of the new development will affect the natural light entering the rear gardens and homes of adjacent dwellings. - The proposal has a flat roof, where the future residents might go for sun- bathing and or for parties, this is not acceptable and could harm amenities of existing local residents. - Hedgehogs exist in the rear garden of the site, every effort should be made to ensure that the hedgehogs are not affected by the construction works.

Four letters of objection were received following amendment of the proposals.

A summary of the representations received following amendments having been made to the scheme:-

- Little consideration has been given to the original objections raised by the majority of residents on Gerard Street, there is still a major concern with regard to the lack of appropriate off-street car parking provision for the future residents of the development and the likely visitors to the site. Why is this scheme allowed to fall short of the parking standards for a development

37 of this type, surely the developer should be made to reduce the scale of the development? - It is noted that the originally proposed elements of the scheme that had worthy environmental benefits have now been dropped i.e. the wind turbine and the solar panels. - The residential block will still remain a large, multi-coloured building situated on a busy junction and dominating the street. It will still be close to the residents at either side of the site and therefore the loss of privacy and overly dominant issues will still be applicable. - The proximity of a public transport service as a practical alternative for private car ownership is just not a viable argument any more, especially during the evenings and weekends. Other people around the city have not abandoned their cars to get on the bus, so why should it be assumed that the residents of the new apartments will be any different? - The kitchen windows on the gable elevation will be one metre away from the boundary, there is still concern that loss of privacy will occur. - The extra excavation works in the rear garden to lower the overall height of the development could result in the existing retaining walls becoming un- stable.

PLANNING ASSESSMENT

Policy Issues

The property is located within a Housing Policy Area as defined in the Sheffield Unitary Development Plan. As a consequence, the proposal must accord with Policies:- H5 (Flats, Bed-sitters and Shared Housing), H10 (Development in Housing Areas), H14 (Conditions on Development in Housing Areas) and, H16 (Open Space in New Housing Developments).

Policy H5 indicates that planning permission for flats, bed-sitters and multiple sharing of houses should only be granted if there is not a concentration of these types of uses and, the living conditions would be satisfactory for occupants of the accommodation and for their immediate neighbours and, providing that there would be appropriate off-street car parking for the needs of the people living there. With regard to this policy, it is clear that this type of development i.e. apartment block/shared accommodation will not result in a concentration of apartment/flats in the area, and therefore this is not considered to be an issue of concern. The policy matters relating to satisfactory living conditions, impacts on immediate neighbours and, appropriate off-street car parking is covered below in the section of this report that deals with “effect on residential amenities” and “highway issues”.

In accordance with Policy H10 of the development plan Housing (Class C3) is the preferred type of use in a Housing Policy Area and therefore, this development is seen as being acceptable in land use terms.

Policy H14 of the development plan deals with the conditions on developments in housing areas and this policy stipulates that in housing areas new developments will only be permitted where:-

38 - The new buildings are well designed and are in scale and character with neighbouring buildings; and - The site would not be over-developed or deprive residents of light, privacy or security, or cause serious loss of garden space; and - There would be safe access to the highway network with appropriate off- street parking that does not endanger pedestrians.

In terms of the design and scale of the proposed development, the apartment block has been sited predominantly over the footprint of the existing building with some adjustments in places. The front of the proposed building has been set back from the line of the existing building and, the gable elevation has to an extent (i.e. at ground floor level) been pulled away from the boundary with number 3 Gerard Street, however, the development is closer to number 3 Gerard Street at first floor level than the existing building. The proposed new building has moved closer to the boundary with number 15 Gerard Street.

The existing building nestles between a traditional two-storey semi-detached dwelling (no.3 Gerard Street) and a three-storey townhouse building (no.15 Gerard Street). The overall ridge height of the existing building is higher than the semi- detached property but lower than the three-storey townhouse building, as a result of the proposed development, whilst there will be an increase in the overall ridgeline of the new building, the ridgeline will still be stepped down between the ridge of the adjacent three-storey dwelling and the two-storey dwelling. Whilst the proposed new building occupies a similar footprint and marginally increased ridge height to the existing building, the new development will see increase in the overall massing of the structure. In terms of scale and massing therefore, whilst there will be some changes, it is considered that from a streetscape perspective the scale of the proposed new development will represent an acceptable form

The issue of whether or not the proposed development will be an over- development of the site and/or deprive neighbouring residents of light, privacy or security, and whether or not the development has appropriate provision for off- street car parking is covered below in the section of this report that deals with “effect on residential amenities” and “highway issues”.

Policy H16 of the Development Plan requires developers to ensure that there would be sufficient open space in the local area to meet the needs of people living in new housing developments. For sites of less than one hectare (such as this) the developer is expected to make a contribution to the provision or enhancement of open space in the local area.

Highway Issues

Officers have assessed the highway and parking implications for this development and consider that the provision of 6 off-street car parking spaces for the 10 apartments is sufficient in this instance for the following reasons:-

- The site is within easy walking distance of a frequent public transport bus service and is also close to a local shopping centre.

39 - Gerard Street is a wider than average residential road with opportunities for on-street parking which would not be detrimental to highway safety.

- The applicant is willing to provide Travelmaster public transport passes for the apartments which do not have a designated off-street car parking space.

Officers have also commented that the car parking provision for the existing use is substantially below the Council’s parking guidelines. It is anticipated that the existing use would ordinarily require in the order of 11 – 13 spaces, when in actual fact there only seems to be scope to park 3 vehicles off street at present. Officers do not feel that that the traffic generated by the proposed development would have a material impact on the surrounding highway network. Officers feel that the proposed development would only generate in the order of 36 vehicular trips per day.

The car ownership information for the area also indicates that this area generally does have lower car ownership levels than the average for Sheffield – having 0.82 cars per household compared to the Sheffield average of 0.9, South Yorkshire average of 0.96 and the average for England and Wales of 1.11. Using the above information, it is estimated that that the residents of the proposed development would be likely to require 8 spaces, visitors of the proposed development would be likely to require a further two spaces, in total the development would therefore require 10 spaces, however, given that there will be provision for 6 off-street spaces, the proposal would result in approximately 4 vehicles requiring on-street parking. As previously mentioned, the Council’s guidelines for the existing use would indicate a requirement for between 11 and 13 spaces, as such it is felt that the existing use would be likely to create more on-street parking than the proposed. It is also felt that the servicing requirements for the existing use would be more onerous than the proposed. Whilst it is acknowledged that it is not ideal for the development to have less than 1 space per apartment, it is difficult to demonstrate that the proposal would represent any greater detriment to highway safety than the existing use.

It will be necessary for cycle parking to be provided for each of the apartments, and that such cycle parking provision would need to be covered and secure. There is scope on the site to make provision for secure cycle parking, however, it will be necessary to impose a planning condition requiring the developer to submit further details.

Effect on residential amenities

The existing building is brick-built with a corrugated sheet roof, the building has a galvanised palisade metal fence enclosing the majority of the front of the site. Several windows in the front elevation have been smashed and generally it is felt that the existing building is a visual eyesore in the street scene.

The application has been amended to take into account officer’s concerns with regard to massing close to boundaries, overlooking windows and poor design. As a result, the proposed development will be excavated deeper into the ground (thereby reducing its overall height and impact to number 15 Gerard Street), the

40 proposed side facing kitchen windows will be obscure glazed and will have limited openings (thereby removing the likelihood of any overlooking and loss of privacy to both numbers 3 and 15 Gerard Street). In addition, the rear facing windows with Juliet balconies have been altered such that the future residents cannot walk out onto a balcony platform area (thereby further reducing the likelihood of overlooking any more so than if it were a window). The wheelie bin storage area will be within a designated enclosed storage area at the side of the building and therefore, smells from the wheelie bins and rodent nuisance should be minimal. The front elevation has also been altered to give the scheme a more balanced and domestic appearance.

The proposed development (as amended) meets the Council’s guidelines on window separation distances and the “45-degree line rule” which means that the development does not have an overbearing presence when viewed from neighbouring ground floor windows.

It should be noted that whilst the front elevation of number 15 Gerard Street is three-storey, it’s rear elevation is in fact only two-storey, in this regard therefore, the rear conservatory attached to the rear elevation of number 15 Gerard Street is approximately level with the first floor level of the new development. Number 15 Gerard Street also has a hedge of approximately 2 metres in height along part of the boundary with the development site, thereby minimising overlooking from the new development onto the rear garden of number 15 Gerard Street.

As regards the provision of amenity space on site, the rear garden area has dimensions of approximately 24 metres by 12.5 metres (300square metres), however, because of the changes in levels, a sloping bank and the need to retain existing privacy hedging along the rear boundary, the actual usable space for the residents of this development amounts to approximately 120 square metres (which would generally be regarded as being an acceptable sized area for a development of this type). It should be noted however, that the main communal amenity area immediately adjoins the rear elevation of the two ground floor apartments at the rear of the building and therefore the development will have the potential to create nuisance, detrimental harm and loss of privacy for the residents of the two rear facing ground floor apartments – a situation that is not ideal, but equally is not entirely uncommon in developments of this nature.

The submitted plans show some indicative tree planting, however, it is felt appropriate to impose a planning condition requiring a full landscaping scheme to be submitted, approved and implemented. It is also felt appropriate to require full details of all boundary treatments to be submitted, thereby ensuring good privacy between the proposed rear communal amenity area and the neighbouring properties.

Open Space Assessment

An Open Space assessment has been carried out for this site and the findings indicate that the catchment area is well below the minimum guideline requirement for both informal and formal open space, and therefore, in this instance the developer would be expected to make a contribution of £5,386.90 towards the

41 enhancement or provision of both formal and informal open space in the area. The contribution would therefore need to be the subject of a legal agreement.

SUMMARY AND RECOMMENDATION

It is considered, that the areas of primary concern in assessing this planning application relate to the lack of sufficient off-street car parking provision and the impact of the development on the living conditions of existing residents and future occupants of the development. Whilst not ideal (in terms of lack of off-street car parking provision and potential detrimental harm and loss of privacy to the two rear facing ground floor apartments) the proposal does have some benefits i.e. the removal of an unsightly building, the removal of a commercial use that has the potential to generate a higher level of traffic and general nuisance than the proposed development. The proposed development will also lead to the creation of 10 new residential apartments (low-cost type housing) that will also fulfil the Central Government desire to see more housing on brownfield sites.

On balance, it is felt that the proposal is acceptable and therefore, it is being recommended that the application be approved subject to the signing of a legal agreement.

HEADS OF TERMS FOR LEGAL AGREEMENT

On or before the commencement of development the developer shall pay the sum of £5386.90 towards the enhancement of Open Space within the locality of the site.

Case Number 06/04707/RG3

Application Type Application Submitted by the Council

Proposal Siting of temporary, specialist outdoor markets (Change of Use Application under Reg 3 1992) (Amended as per letter dated 23/01/2007)

Location Pedestrianised Areas Fargate, Barkers Pool And Pinstone Street Sheffield S1 2HE

Date Received 07/12/2006

Team CITY CENTRE AND EAST

Applicant/Agent Sheffield City Council

Recommendation Grant Conditionally

Subject to:

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

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

2 The markets shall only operate for 95 trading days a year, comprising of the following maximum limits in each designated area:

- 35 Fargate trading days; - 15 Fargate set-up days; - 60 Barkers Pool trading days, no more than 30 of which shall take place in January to November inclusive; - 12 Barkers Pool set-up days; - 20 Pinstone Street/Town Hall Square trading days; - 5 Pinstone Street/Town Hall Square set-up days;

Unless otherwise agreed in writing by the Local Planning Authority.

In order to maintain reasonable access to and enjoyment of Sheffield's designated public spaces.

3 The markets shall be operated in strict accordance with the management regime detailed in the letters from Sheffield Markets received on 7

43 December 2006 (submitted with the planning application) and 22 March 2007.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Core BE11 - Public Spaces BE16 - Development in Conservation Areas

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

Attention is drawn to the following directives:

1. The applicant is advised that South Yorkshire Fire and Rescue raised no objection to the proposed development, provided that the following requirements are strictly adhered to:

- Fire exit doors must be kept clear; - Hydrant lids must not be covered; - Access for emergency vehicles must be maintained at all times but particularly whilst the market stalls are being set up and dismantled.

44 Site Location

LOCATION AND PROPOSAL

Planning permission is sought for Sheffield’s temporary, specialist outdoor markets, which require consent by virtue of the fact that they now operate for more than 14 days in any calendar year, on land at Fargate, Town Hall Square, Pinstone Street and Barker’s Pool in the city centre.

The specialist markets are provided by the Sheffield Markets Service, sometimes in partnership with an approved supplier, currently Market Place Europe Ltd. The following events are included in the application:

45 Continental Markets

Market Place Europe Ltd, in partnership with the City Council’s Markets Service, operate a continental market three times a year: in April/May to coincide with the World Snooker Championships; in June/July; and again in November. The Continental Markets occupy land on Fargate, Town Hall Square and parts of the Peace Gardens on Pinstone Street.

Traders provide their own stalls or mobile trading units and commence set up the night prior to trading, usually a Wednesday. Trading takes place from Thursday through to Sunday, unless the Sunday is followed by a Bank Holiday when trade is extended to include Monday. All traders’ vehicles must vacate the site by 10am and cannot return until after 6pm, except on Sunday when trading is from 10am to 4pm.

A smaller Irish Market takes place on the weekend closest to St. Patrick’s Day.

Craft Markets

On up to five occasions a year, the Markets Service operates a craft market, usually in support of events such as ‘The Beach’, ‘Fright Night’ and ‘City Lights’. The craft markets usually take place on Fargate and run for three days, plus a day either side for setting up and dismantling the stalls. The stalls are provided by the Markets Service.

Farmers’ Markets

The Farmer’s Market takes place on the last Sunday of each calendar month in the Barker’s Pool pedestrianised area. Traders provide their own stalls to an agreed style. The Markets Service provides a silent generator.

It is envisaged that the Farmer’s Market will become a fortnightly event with a weekday market (probably Thursday) alternating with the Sunday market.

German Market

This new annual market will take place in Barker’s Pool in the five weeks leading up to Christmas. It will comprise of approximately 20 chalet style stalls that can be secured at night. Due to the nature of the stalls the market will take up to a week to assemble and two to three days to dismantle. The Markets Service will provide silent generators.

A proposal for a ten day Streetlife Festival in Barker’s Pool has been omitted from the proposal.

The total number of proposed days usage is therefore as follows:

Fargate trading days: 35 Fargate set-up days: 15

46 Barkers Pool trading days: 60 Barkers Pool set-up days: 12

Pinstone Street/Town Hall Square trading days: 20 Pinstone Street/Town Hall Square set-up days: 5

Some of these areas will trade on the same days, resulting in a total of 95 trading days per calendar year.

PLANNING HISTORY

No relevant planning history.

SUMMARY OF REPRESENTATIONS

Seven objections were received in response to our consultations, including a petition with 68 signatures.

One letter of support was received from John Lewis.

The issues raised by objectors included:

- Security within some of the nearby stores has been compromised on the days the market stalls are open. - The street markets are ‘down-market’ operations that have a harmful impact on the character and appearance of Sheffield City Centre. - The markets obstruct customer flow to and from existing retail units, and obscure views of existing retail units, both of which have a detrimental effect on business. - Existing retail premises experience a significant reduction in trade over the period the markets operate. - The markets block Fargate, which is dangerous from a health and safety perspective. - Refuse collections are massively disrupted when the markets are held on Fargate and daily deliveries take significantly longer. - Shop customers have complained about unpleasant smells from food stalls. - Fargate should be used by pedestrians only. - The site lies within the City Centre Conservation Area, in which existing shops and businesses have to comply with strict planning regulations. The markets appear to be exempt from these controls. - The proposed number of market trading days is excessive. - The markets do not increase trade for local businesses through greater footfall.

Objectors also raised non-planning issues, in particular unfair competition with existing retailers,

Correspondence was also received from the National Market Traders’ Federation (NMTF) representing the outdoor traders conducting business on the Moor. The

47 issues raised by the NMTF are not planning issues relevant to this planning application.

PLANNING ASSESSMENT

Policy Issues

The application site lies entirely within the Central Shopping Area as defined in the Unitary Development Plan (UDP). Open air markets fall within use class A1 (Retail) and policy S3 of the UDP (Development in the Central Shopping Area) describes shops (Class A1) as a preferred use of land. The principle of the development is therefore considered to be acceptable in land use terms.

The site also lies within the City Centre Conservation Area and a designated public space. Policy BE16 (Development in Conservation Areas) requires new development to preserve or enhance the character or appearance of the conservation area, however, this applies largely to built form or permanent changes of use. The markets have no lasting effect on the character or appearance of the conservation area and their short term impact is considered to be limited provided they are well managed.

Policy BE11 of the UDP describes how public spaces will be protected and enhanced where they make an important contribution to the character or appearance of an area or provide places for people to walk or relax. It advises that public spaces are particularly important in the city centre because it is so heavily built up and suggests that many public spaces offer opportunities for sitting outside, entertainment and market trading.

The key issue in terms of public spaces is considered to be the balance between adding vitality and variety to the city centre retailing experience through the provision of limited outdoor markets, and allowing pedestrians to enjoy the exceedingly high quality public spaces that Sheffield city centre has to offer. It is felt that, with a maximum of 95 trading days in the city centre, this balance can be achieved.

Planning Policy Statement 6: Planning for Town Centres

Planning Policy Statement 6: Planning for Town Centres states that the planning system has a key role in facilitating and promoting sustainable and inclusive patterns of development, including the creation of vital and viable town centres.

It suggests that street markets can make a valuable contribution to local choice and diversity in shopping as well as the vitality of town centres and advises that, as an integral part of the vision for their town centres, local authorities should seek to retain and enhance existing markets and, where appropriate, re-introduce or create new ones. PPS6 goes on to say that local authorities should ensure that their markets remain attractive and competitive by investing in their improvement.

48 Waste Management

At each event, traders are responsible for bagging and taking their rubbish to the Euro bins provided by the Markets Service, and the City Council’s Streetforce Division are contracted to sweep the markets both during and at the end of each trading day to ensure there is no accumulation of litter.

Any stalls trading in goods that are likely to stain the ground surface are required to place waterproof groundsheets under their stalls.

The applicant has responded to concerns raised by objectors regarding the collection of refuse from shops adjacent to the market, explaining that the private refuse disposal companies are closely monitored, particularly on arrival to ensure that they can access their collection points. Where a problem is identified, the company concerned is contacted by a council officer to make alternative arrangements. On an occasion when a private refuse disposal company failed to collect refuse, the Markets Service used its own refuse lorry to remove the required trade waste from the premises.

Emergency Access

Built into the stall layouts are sufficient aisleways to accommodate deliveries to shops on Fargate, allow the free movement of pedestrians and to maintain the fire safety corridor. Stalls are also kept away from pavement edges and tactile pedestrian crossings.

South Yorkshire Fire and Rescue Service were consulted directly in connection with the proposed development. They raised no objection, provided fire exit doors are kept clear, hydrant lids are not covered and access for emergency vehicles is maintained at all times.

The access corridor is delineated by studs in the floor. The applicant has confirmed that stalls are actually placed at least a further half metre behind the studs in order to assist with the manoeuvrability of any emergency vehicles.

Security Issues

Shop security is largely a management issue for individual stores. However, key contact officers for the Markets Service are on call for the duration of each event. These officers are in direct contact with the City Centre Ambassadors, the City Centre Retailers Against Crime control room who have links with the Police and the CCTV control room, and maintenance staff, all of whom are on hand to prevent or respond to problems as they arise.

SUMMARY AND RECOMMENDATION

The specialist outdoor markets offer increased choice to customers and bring a particular animation and liveliness to the city centre not witnessed on non-market days. The footfall counter located on Fargate registered an additional 100,000 people in the city centre over the duration of the Continental Market (November

49 2006) and, whilst not all retailers will experience improved trade on market days, the events are generally considered to raise the profile of Sheffield city centre.

The markets have no lasting physical impact on the city centre and therefore have no effect on the character of the conservation area and, provided a reasonable limit is placed on the frequency of the markets, it is considered that pedestrians have sufficient occasions in which to enjoy the high quality public spaces that Sheffield city centre has to offer.

It is therefore recommended that Members grant consent subject to the proposed conditions.

Case Number 06/04878/FUL

Application Type A Full Planning Application

Proposal Alterations and extensions to club building including associated car parking and boundary treatments (As amended by plans dated 04/04/2007)

Location Beighton Miners Club 52A High Street Beighton Sheffield S20 1ED

Date Received 22/12/2006

Team CITY CENTRE AND EAST

Applicant/Agent Neil Pritchard Associates

Recommendation Grant Conditionally

Subject to:

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

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

2 Before the development is commenced, 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 and in the interests of the visual amenities of the locality.

3 The colour of the proposed render is not approved. Before development commences such details shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be used unless such approved details have been implemented.

In the interests of the visual amenities of the locality.

4 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority, a scheme of landscaping which shall include details of all existing trees and hedgerows

51 on the land and details of any to be retained together with measures for their protection in the course of development. The scheme shall be carried out in accordance with the approved plan within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority. When the landscaping has been carried out, thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced with like species unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

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

In the interests of the safety of road users.

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

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

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

a) been carried out; or

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

Highway Improvements:

A barrier/barriers should be supplied and erected adjacent to the carriageway at the junction of the existing footway and the proposed pedestrian access off High Street, to Sheffield City Councils specifications

52 detailed in "Better Places to Work Better Places to Live in South Yorkshire" technical appendix, unless otherwise authorised in writing by the Local Planning Authority.

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

8 Prior to the improvement works indicated in the preceding condition being carried out, full details of these improvement works shall have been submitted and approved unless otherwise authorised in writing by the Local Planning Authority.

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

9 The gradient of shared pedestrian/vehicular access shall not exceed 1:12 unless otherwise agreed in writing by the Local Planning Authority.

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

10 Before development commences details shall be submitted for the provision and implementation of foul drainage works. The development shall not be used unless such approved details have been implemented and thereafter retained, unless otherwise authorised in writing by the Local Planning Authority.

To prevent pollution of the water environment.

11 Before development commences details shall be submitted to and approved in writing by the Local Planning Authority of:

a) an additional disabled parking space, b) dropped kerbs and blister paving, c) level access to the building entrance.

The development shall not be used unless such approved details have been implemented unless otherwise authorised in writing by the Local Planning Authority.

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

12 The finished floor levels of the building shall be set 150mm above existing ground level.

In order to minimise the risk of flooding.

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

53 Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance.

GE3 - New Building in the Green Belt GE4 - Development and the Green Belt Environment GE9 - Re-use and Adaptation of Rural Buildings CF1 - Provision of Community Facilities

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

Attention is drawn to the following directives:

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

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

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

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

3. The developer's attention is drawn to Sections 7 and 8 of the Chronically Sick and Disabled Persons Act 1970, as amended, and to Design Note 18 "Access for Disabled people to Educational Buildings" published in 1984 on behalf of the Secretary of State, or any prescribed document replacing that note. Section 8 sets requirements for access to and facilities at offices and other 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.

54 Site Location

LOCATION AND PROPOSAL

The Beighton Miners Welfare club is situated on the eastern side of High Street, north of a small group of shops forming the core of Beighton. Access is to the south west corner of the site which leads onto a car parking area adjacent to the High Street. This boundary includes a line of mature trees and in part the Ochre Dyke. Current club buildings consist of a group of single storey buildings brick clad with mono pitched roofs plus a two-storey caretakers residence again with a mono pitched roof. North of the buildings is a bowling green bounded by a beech hedge and fence approximately 1.5 metres high. A portacabin is located on the northern edge of the green. The remainder of the club’s land is formed of playing fields and a small landscaped area close to the buildings.

55 The site is generally level but land rises to the south with a bank approximately 2 metres high to the east of the buildings.

It is proposed to extend the current group of club buildings to include a ‘One Stop Shop’ community centre providing a focal point for all local community, leisure, social, and sports activities including managed/serviced office space for local start up businesses. Proposed buildings will be added creating an L shape to wrap around the bowling green on its southern and eastern boundaries with a slight encroachment into the bank to the south east.

Existing buildings will be reclad to match the extensions again with mono pitched roofs apart from two sections adjacent to the caretakers accommodation and on the eastern arm. Facing materials proposed are render, a 150mm brick plinth and timber (cedar) panelling above 2.1 metres, a Cambrian slate roof finish with increased eaves. A new entrance lobby will be created with a front extension which also includes a toilet block. The entrance will have glazed areas. Windows will also be amended in the existing buildings to match new ones.

Internal areas created are four community space areas, changing areas, three start up offices, Beighton Village Development Trust (BVDT) offices and a bar.

The current parking area to the west of the buildings will be upgraded with vehicular circulation areas surfaced with tarmac and parking bays provided on reinforced grass cells. Landscaped areas including the existing trees are proposed adjacent to High Street. Vehicular access utilises the current access but improved and widened to accommodate two way traffic and a pedestrian path. A further pedestrian access is to be created further up High Street.

The bowling green is to be retained but part of the hedge on the eastern boundary will be lost due to the building extension. Two ‘temporary’ buildings around the green will also be removed.

RELEVANT SITE HISTORY

None

SUMMARY OF REPRESENTATIONS

One letter has been received raising concerns about a pedestrian gateway opposite the writer’s property.

Letters of support for, or expressing an interest in, the scheme have been included in the applicant’s submission including; Yorkshire & Humber Region WEA Kids Kabin-Out of School Clubs Result Creative Advertising Beauty Heaven Beighton Male Voice Choir Beighton Magpies JFC Full Circle

56 Beighton Allotment association Tuesday Sequence Dance Sheffield Futures Community & Neighbourhood Renewal Manager SCC Veolia Environmental trust

PLANNING ASSESSMENT

Policy Issues

The whole Sports Club site is located within the approved Sheffield Green Belt, so the proposals must be considered in terms of UDP Policies GE1, GE3, GE4 and GE9 and have been advertised as a departure from the provisions of the adopted plan.

Policy GE1 states that development in the Green Belt will not be permitted, except in very special circumstances where it would lead to, amongst other things, unrestricted growth of the built-up area.

Policy GE3 concerns new buildings in the Green Belt. It could be argued that this new building, which is not primarily for ‘essential facilities for outdoor sport and recreation’, as it includes a high proportion of facilities not directly related to provision of outdoor sporting activities. There is a small changing room possibly for bowlers or wider sports use, and toilets that can be related to outdoor sporting use but the rest of the extended property accommodates activities which, although they would clearly be of direct benefit to the local community, are not related to provision of outdoor sporting activities i.e. the 3 main community/conference spaces plus Kitchen capable of catering for a variety of community activities [concerts & other performances, small offices, crèche, luncheon clubs]. Offices for the Beighton Village Development Trust are also included. However, parts of the proposed premises already exist in similar form within the present Club building, and the proposals could also be seen as ‘re-use and adaptation’ in terms of Policy GE9. They would not, however, help to diversify the rural economy, and the alterations are certainly ‘significant’ in a Green Belt location. On the other hand, the building is not of particular local visual interest, and, in its present form, could be claimed to have a damaging effect on the Green Belt landscape. Accordingly, the enlarged buildings could be considered to achieve a visual improvement, provided that they are of an attractive and high quality design.

The proposed single-storey buildings are in the lower, less conspicuous part of the site, hence the overall effect on the openness of the Green Belt landscape should be minimised as a result. However, on the north side, the proposed buildings slightly cut into the higher part of the site, and might require removal of some well- developed trees on the existing bank. Detailed design of this part of the scheme would need to be handled with especial care, to minimise the visual impact.

Sport, Leisure and Community Facilities

It is not clear that in relation to UDP Policy LR10, this scheme provides much direct benefit for the Beighton community in terms of improving the range and quality of

57 existing outdoor sporting and recreational provision available on the Sports Club site apart from building related facilities.

The new built facilities could be interpreted to impinge [albeit only slightly] onto the existing playing fields within the site. As such, it is necessary for the City Council to consult Sport England about this development. Government Planning Policy Guidance PPG17, Paragraph 15 states that development on playing fields will not be permitted unless one of four exceptional circumstances occur. In this case, it is likely that development would be acceptable under category ii), where the proposed development only affects land that is incapable of forming a playing pitch [or part of one]. In addition, the scheme as a whole will provide greatly enhanced indoor community provision for the local community. Sport England have been consulted and have advised the Local Planning Authority that they do not wish to raise an objection.

UDP Policy CF1 promotes provision of additional community facilities, particularly where they would be readily accessible by public transport, and be located within the community they are intended to serve which appears to be the case in relation to this application.

Design Issues

Extensions to the building have been laid out to wrap around the existing bowling green creating a ‘cloisters’ effect. These additions plus proposals to change the external materials of the existing building are considered to be an improvement on the appearance of the current buildings. A common window pattern with more glazing is proposed and coupled with long cedar wood panels a strong horizontal emphasis on the building form is created. The use of render lightens the building. This horizontality is carried through in deep projecting roof eaves which also are designed to avoid excessive summertime solar glare. The continuity of mono pitched roofs to the extensions provides an interesting and animated roof scape. Details of the entrance lobby have been altered to provide more glazing to emphasise the entrance.

Considerable changes to the area between the buildings and the highway area proposed, upgrading an area of land currently containing a rough surface car park. Changes include tarmac circulation areas with reinforced grass cell parking bays. Segregated pedestrian routes are provided from High Street including a new route north of the existing entrance. Existing trees are to be retained and the landscaping around them between High Street and parking bays is to be enhanced with extra woodland and shrub planting.

The low boundary wall fronting High Street is to be retained with a minor loss as the site entrance is widened. On the northern boundary a new gateway is proposed in an existing palisade boundary fence to provide access to an overflow car park area to the north east of the site.

Overall the changes and extensions to the buildings coupled with the hard and soft landscaping proposals are not considered to adversely affect the amenities of the area and as the buildings proposed are single storey with light rendering will not be

58 prominent as viewed from the open areas within the Green Belt i.e. playing fields. It may also be beneficial to add to existing landscaping on the raised bank onto which the development slightly encroaches and a landscaping condition is attached to address this issue.

Highways Issues

As originally submitted separate egress and exit routes for vehicles was proposed. In highway terms the second access was considered to have a detrimental effect on highway safety particularly pedestrian safety. This detail has subsequently been amended to the enlarged existing vehicular access.

Car parking provision is acceptable and will still provide parking for shoppers.

Concern has been expressed about the new pedestrian access being located adjacent to the entrance to a property on the corner of Grange Road and High Street. The pedestrian access is on the opposite side of the highway and pedestrian barriers will be proposed at the footpath entrance. It is thus not considered that the proposal will adversely affect the occupiers of that property.

Access Issues

Three disabled parking spaces are proposed, ideally four should be included in the scheme and details of dropped kerbs and blister paving and gradients of the new footpath link submitted. Level access to the building is also necessary. The site is relatively level and such details will be conditioned.

Flood Risk Assessment

The Ochre Dike runs along part of the north west boundary of the site adjacent to High Street and a flood risk assessment (FRA) is required for the proposal. The Environment Agency initially objected to the development as they had not received an FRA. The applicant has subsequently produced a FRA and their agents have been in negotiation with the Environment Agency. The Agency have subsequently revised their objection subject to a condition in respect of finished floor levels.

SUMMARY AND RECOMMENDATION

The proposal will benefit the local community in terms of providing a one stop shop bringing a number of activities under one roof. Beighton is an area of need and deprivation as described by the applicants in their submission. Previous community facilities have been lost at Brookhouse School Gym and Youth Club which resulted in the loss of accommodation for seven community groups. An extension to the Miners Welfare buildings to provide these facilities is the result of five years of work including site finding and funding from various sources including ERDF, Single pot and Sheffield City Council. The scheme will fail if the application is not determined at this Board through the loss of this funding. The scheme is supported by Beighton Community Partnership and Beighton Villages Development Trust. Thus in terms of community provision the proposal concurs with Policy CF1 of the Unitary Development Plan.

The proposal falls within the Green Belt but as stated above the proposal is considered to be a reuse and adaptation of existing buildings. The present buildings are of poor quality which adversely affects the Green Belt and the recladding of existing buildings and single storey extensions in the lower less conspicuous part of the site could be considered to thus not adversely affect the amenities of the area and the openness and character of the Green Belt, particularly as the site is located at the very edge of the main built form of the village and will be read in conjunction with it. Therefore, although the proposal is a departure from the approved UDP, Policies GE1, GE3, GE4, and GE9 are not contravened and there are special circumstances within the local community which warrant the development.

No sports facilities are lost as a result of the development.

Taking the above into account and bearing in mind the benefits this proposal will bring to the local community it is recommended that the Area Board approve the application subject to conditions. Due to the minor nature of this proposal it is not necessary to refer the application to the Secretary of State.

Case Number 07/00228/FUL

Application Type A Full Planning Application

Proposal Internal alterations to building to form 4 flats

Location 19 North Church Street Sheffield S1 1TG

Date Received 18/01/2007

Team CITY CENTRE AND EAST

Applicant/Agent Mr P Romer

Recommendation Grant Conditionally

Subject to:

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

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

2 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.

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

In the interests of the amenities of the locality.

4 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.

61 5 The residential accommodation hereby permitted shall not be occupied unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall:

- Be based on the findings of an approved noise survey of the application site, including, if not in use at the time, the projected noise impact of the adjoining bar/restaurant at 21-23 North Church Street, and an approved method statement for the noise survey.

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

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

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

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

6 Before the use hereby permitted is commenced, written confirmation shall be given to the Local Planning Authority that the approved scheme of sound attenuation works has been installed in the building in full.

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

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

- Be carried out in accordance with an approved method statement.

- Demonstrate that the specified noise levels have been achieved.

In the event that the specified noise levels have not been achieved, then notwithstanding the sound attenuation works thus far approved, before the use of the development is commenced a further scheme of sound attenuation works capable of achieving the specified noise levels and recommended by an acoustic consultant shall have been submitted to and approved in writing by the Local Planning Authority. Such further scheme of works shall be installed as approved in writing by the Local Planning Authority before the use is commenced and shall thereafter be retained.

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

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

Attention is drawn to the following justifications:

IB7 - Development in Business Areas BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings

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

Attention is drawn to the following directives:

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

- Limited/no car parking provision is available on site for occupiers of the building,

- Resident's car parking permits will not be provided by the Council for any person living in the building.

63 Site Location

PROPOSAL

The application seeks consent to change the use of 19 North Church Street, a grade two listed building, from office use (B1) into four separate apartments (C3).

The building will be split into three levels with the basement providing a one bedroom flat with a large study area. The ground floor will accommodate a studio flat and a two bedroom flat, one of these bedrooms will be located within the basement. The first floor will also provide a further two bedroom flat.

LOCATION AND DESCRIPTION

19 North Church Street and its attached railings are grade two listed. The Georgian property was originally designed and built as a family townhouse in 1830, it has

64 since been converted and used as offices over the past fifty years. The building as with much of the locality, is situated within the City Centre Conservation Area.

The building reaches two storeys in height with a degree of exposed basement that varies as the topography of the land falls steeply from south to north and more gently from east to west. The building is constructed in red brick with ashlar dressings. It benefits from a private courtyard to the rear, accessed via a gateway from Wheats Lane.

The building fronts North Church Street and is also bounded by Wheat Lane to the immediate north. Wheat Lane forms a narrow access route between North Church Street and Paradise Street.

Many of the buildings within the immediate locality are also listed, including number 17, which adjoins the application building. St Paul’s Cathedral is set just over fifty metres to the south of the site. Number 21-23 North Church Street, set directly across Wheats Lane to the north, has been used as a bar/restaurant since the early 1980’s and was most recently occupied by the Sola Bar. It now appears to have become vacant.

PLANNING ASSESSMENT

Policy

The proposal is set within a Business Area as defined by the Sheffield Unitary Development Plan. Policy IB7: Development In Business Areas, states that Business (B1) is the preferred use and Housing (C3) is an acceptable use.

Policy BE16 states that permission will only be given for proposals which would preserve and enhance the character or appearance of the conservation area.

Policy BE19: Development Affecting Listed Buildings, states that internal or external alterations will be expected to preserve the character or appearance of the building and, where appropriate, preserve or repair original details and features of interest.

The Cathedral Quarter Action Plan was adopted in 2004. The action plan and the City Centre Living Strategy identify private housing as a favoured use in the area, in part to act as a catalyst for ancillary development activity.

Highways

The proposal will provide no parking spaces. It is not considered that the use of the building for residential purposes would create any greater vehicle usage than the previous office use. Beyond this, given the city centre location future users would have a variety of modes of transport available in the vicinity including the Sheffield Supertram and also have easy access to the activities and uses available within the city centre, reducing the need for car travel.

The scheme therefore raises no highway problems.

Dominance of Use

The area is dominated by the preferred use, that being business (B1), given the level of dominance it is not considered the loss of one building from this preferred use to housing (C3), which in itself is viewed as an acceptable use from a policy perspective, would give rise to concerns in respect of Policy IB7: Development in Business Areas.

Design Issues

The proposal will not include external alterations to the listed building as all external works are repair or restoration. This is welcomed and will ensure the exterior of the building, which was the main reason for it’s listing, will be retained.

The applicant undertook pre-application discussions with the Council’s conservation officers and is upgrading and repairing the internal features of the building, which have suffered from neglect over time. These alterations to the internal layout are not excessive with the partition of a limited number of the larger rooms.

The alterations will ensure the continued use and full restoration of the listed building and the design implications of the proposal are viewed as suitably sensitive and therefore acceptable.

Living Conditions for Future Occupiers

All the rooms that are to become bedrooms and living rooms are to achieve suitable levels of outlook and light from existing windows. There was to be a bedroom in the basement flat that was proposed to have a limited amount of light from an existing window by the insertion of a partition wall. Following a visit to the site it was not considered that this solution would offer suitable living conditions, as such the applicant has agreed to limit this room’s usage to a study.

Number 21-23 North Church Street, set directly across Wheat Lane to the north has been used as a bar/restaurant since the early 1980’s. Although it is currently vacant this established use has the potential to create some disturbance to future occupiers of 19 North Church Street. Conditions will therefore be attached to any planning consent imposing certain requirements to ensure that any potential noise issues will be mitigated.

SUMMARY AND RECOMMENDATION

The proposal will give rise to no highway concerns given the previous office use of the building and the sustainable location.

The alterations to the building’s appearance will be limited to the internal layout, these give rise to no concerns and will ensure the continued use and restoration of the listed building.

66 The imposition of conditions will ensure that any potential noise disturbance from surrounding uses will be mitigated against.

In light of the above the proposal is recommended for approval.

Case Number 07/00366/CHU

Application Type Planning Application for Change of Use

Proposal Use of building as function suite (Sui Generis) and restaurant (Class A3)

Location 411 Effingham Road Sheffield S9 3QD

Date Received 29/01/2007

Team CITY CENTRE AND EAST

Applicant/Agent MG Design Services Ltd

Recommendation Grant Conditionally

Subject to:

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

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

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

In the interests of the visual amenities of the locality.

3 The building shall not be used unless the access and facilities for people with disabilities 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.

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

In order to ensure an appropriate quality of development.

68 Attention is drawn to the following justifications:

IB5 - Development in General Industry Areas

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

Site Location

69 PROPOSAL

The application is to change the use of the existing building from gift and promotional packaging (Use Class B1) into a function suite (Sui Generis) and restaurant (Use Class A3). The building in the main is to be used as a function room for marriage receptions to cater for the surrounding community’s needs.

The proposed new use will be spread over two floors. The ground floor will have 182 covers and also provide toilets, a storeroom and kitchens. A new first floor will be created and will provide an open function area, a reception and toilet facilities. Both floors will provide a bar for soft drinks.

The proposal will involve minimal external alterations with the insertion of a new door and window to the front elevation and the introduction of several new doors to the rear elevation.

LOCATION

The building in question is red brick, has a pitched roof and has its gable ends fronting onto Effingham Road and Stoke Street. Due to the topography of the land the building, which is industrial in character, is single storey to its front elevation (Effingham Road), while its rear elevation fronting Stoke Street is a generous two storeys. The site is set 93 metres to the southwest of the junction of Lovetot Road and Attercliffe Road.

The buildings that adjoin and surround the site on all sides are of traditional industrial character and display a similar red brick and pitched roofed design as the application building, although many have now become dilapidated and lost original features. The area itself has also become neglected over time with several buildings lying empty.

Baltic Works, a Grade II Listed Building, is set opposite the site across Effingham Road, whilst a Grade II listed crucible steel works is set 36 metres to the southwest of the site at the junction of Effingham Road and Stoke Street. Given the limited external alterations it was not considered that this proposal will affect the character of these listed buildings and it was therefore not advertised as such.

The site is set 310 metres to the west of the Attercliffe Local Shopping Centre.

PLANNING ASSESSMENT

Policy

The site is located within a General Industrial Area as identified within the Sheffield Unitary Development Plan.

Policy IB5: Development in General Industry Areas, identifies use class A3 as acceptable within these areas.

70 Policy IB5: Development in General Industry Areas, also identifies that the suitability of sui generis uses will be judged on the individual merits of each case.

For the purposes of assessment, the use of the building as a restaurant and as a function suite raise many of the same issues from a planning perspective, these issues are assessed below.

Highways

The site provides no parking or servicing space and is to provide employment for 17 members of staff, nine of which will be employed on a full time basis.

There is on street parking provision available, although time restrictions apply, and the site is within a reasonably sustainable location in respect of ease of access from different modes of transport, with Attercliffe’s Local Shopping Centre and bus routes set just over 300 metres to the northeast and the Sheffield Super Tram just over 500 metres to the southeast.

The servicing requirements of the building are not excessive with only one delivery anticipated each day, very similar if not less demanding than the previous industrial uses of the building.

Following discussions with the applicant’s agent the authority has been informed that the function element of the building, as with the restaurant, will be used predominantly in the evenings, and mostly at weekends. It is anticipated therefore that the majority of the buildings use will be outside the normal hours of operation of surrounding industrial businesses, ensuring any clashes will be minimal.

In light of this the highway demands created by this proposal are not viewed as excessive.

Split of Uses

Following discussions with the applicant it is anticipated that the predominant use of the premises will be as a function suite (Sui Generis), in order to provide space for wedding receptions for the surrounding communities, a facility that is currently lacking in the area. It has also been requested that the premises be granted permission for a restaurant (Use Class A3) so that it may have some diversity of use, although this restaurant element is unlikely to ever become the predominant use of the premises.

Design

There are to be several new doors into the rear elevation and a slight alteration to the glazing proportions within this elevation. The front elevation will see a wider door and two windows replacing the current four windows already in place.

The alterations are not considered to be excessive nor detrimental to the building and through the imposition of conditions, the details and materials of these new

71 features will represent an improvement on the current building, removing existing foreign features such as the white UPVC windows to the frontage.

Access

The proposal will incorporate level access to both the front and rear entrances as well as a variety of other internal facilities to ensure ease of access, these include an electric wheelchair hoist and disabled toilets on both floors.

Environmental Impact

The proposal is set in an industrial area with no sensitive uses in the vicinity. In light of this it is not considered a requirement to restrict the hours of use from a planning perspective.

SUMMARY AND RECOMMENDATION

Although the proposal provides no parking there is a suitable balance of on street parking and other modes of transport available in the vicinity to result in no excessive highway issues.

The minor alterations to the front and rear elevations will remove some unsympathetic changes that have occurred in the past.

The proposal will give rise to no noise or smell concerns given the industrial nature of the area.

The use of the building as a function suite (Sui Generis) and restaurant (Use Class A3) in the location therefore gives rise to no objections subject to conditions.

Case Number 07/00367/LBC

Application Type Listed Building Consent Application

Proposal Internal alterations to building to form 4 flats

Location 19 North Church Street Sheffield S1 1TG

Date Received 01/02/2007

Team CITY CENTRE AND EAST

Applicant/Agent Mr P Romer

Recommendation Grant Conditionally

Subject to:

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

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

In order to ensure an appropriate quality of development.

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

In the interests of the amenities of the locality.

In order to ensure an appropriate quality of development.

73 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 set out below, and to all relevant material considerations, including Supplementary Planning Guidance.

BE19 - Development affecting Listed Buildings

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

Site Location

74 For report please see 07/00228/FUL.

Case Number 07/00443/FUL

Application Type A Full Planning Application

Proposal Erection of Sikh Temple/community centre including caretakers accommodation, associated car parking and landscaping

Location Land Adjacent Sovereign Stainless Steels Ltd Warren Street Sheffield

Date Received 29/01/2007

Team CITY CENTRE AND EAST

Applicant/Agent Rhys Taylor & Associates

Recommendation Grant Conditionally

Subject to:

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

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

In order to ensure an appropriate quality of development.

3 Before the development commences details of the following matters shall have been submitted to and approved by the Local Planning Authority. The approved details shall be implemented before the use commences.

- The design of the cycle stand covers and the number and design of the stands. - The means of incorporating public art into the scheme. - Typical cross sections of the domes. - Larger scale typical bay of the boundary wall and railing to Warren Street. - Larger scale typical detail of the capping stone to the building and a typical window detail.

76 In the interests of the amenities of the locality.

4 Before any work on site is commenced, a landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The scheme shall be carried out in accordance with the approved details within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority. When the above-mentioned landscaping has been carried out, thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.

In the interests of the amenities of the locality.

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

To ensure satisfactory drainage arrangements.

6 The development shall not be begun until off site surface water drainage works, including balancing works (details of which shall have been submitted to and approved by the Local Planning Authority) have either a) been implemented or b) arrangements have been entered into which will ensure they are implemented prior to the use commencing.

To ensure satisfactory drainage arrangements.

7 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.

8 The building shall not be used unless the car parking accommodation 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.

9 The development shall not be begun until improvements to Warren Street consisting of road markings and including the appropriate traffic regulation orders to restrict on-street parking, have either a) been implemented, or b) arrangements have been entered into to ensure they are implemented before the use commences.

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

77 10 The development shall not be begun until improvements to the footpath on the south side of Warren Street, between the site and the start of the Five Weirs Walk, have either a) been carried out, or b) arrangements have been entered into which will ensure they are carried out before the building is used.

In the interests of pedestrian safety.

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

To prevent pollution of the Water Environment.

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

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

13 Finished floor levels shall be no lower than 42.5 metres above Ordnance Datum.

To reduce the risk of flooding and as recommended by the Flood Risk Assessment.

14 Piling or any other foundation design using penetrative methods is not permitted unless it can be demonstrated that there is no resultant unacceptable risk to groundwater and written consent has first been given by the Local Planning Authority.

To protect groundwaters below the site.

15 The reveals to the window openings shall be a minimum of 200mm unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the visual amenities of the locality.

78 16 Before any development commences, details of the following matters shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented before the use commences.

- A scheme of acoustic glazing to window openings. - A scheme for air conditioning the building to avoid the need for opening windows.

In the interests of ensuring that the noise climate within the building is within acceptable limits and will not result in complaints, which might prejudice the activities of adjoining businesses.

Attention is drawn to the following justifications:

IB5 - Development in General Industry Areas IB9 - Conditions on Development in Industry and Business Areas IB12 - Training Centres & Community Facilities in Industry & Business Areas

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

79 Site Location

LOCATION AND PROPOSAL

The application site is situated within an industrial area off Attercliffe Road, approximately 500m west of Attercliffe Centre. It was previously occupied by a school, which was demolished in the last 10 years. The site has frontages to Warren Street, a short cul de sac off Attercliffe Road, and the River Don. There is an engineering workshop to the east of the site, a vehicle repair garage to the north and a vacant concrete plant and waste transfer/recycling use to the west.

The Sikh Temple/Community centre comprises of a community hall, kitchens, toilets and caretakers accommodation on the ground floor. On the first floor there is a large hall, computer room, office, library and stores.

80 The building is positioned to the rear of the site with parking to the front and side of the building, 74 spaces in total. The building form comprises of three rectangular elements that step up in scale from the front of the site. It has been designed with a flat roof and the front elevation facing onto Warren Street incorporates design features that will identify the building as a Sikh Temple. These consist of six towers of varying heights surmounted by onion shaped domes with a larger central dome positioned over a shaped window and the main entrance. Stainless steel Sikh symbols will be fixed on the towers at a high level. The side and rear elevations are of a more plain design with regular rectangular windows positioned within bays defined by projecting columns. The facing materials have not been finalised.

The applicants have advised that the proposed temple and community centre is to replace inadequate accommodation on Ellesmere Road. Based on experience from the existing site they have advised that there will be a low intensity of use during the weekdays with approximately 10 visits during a normal day and up to 25 children or adults attending classes in English and Punjabi on some evenings. The main period of worship is on Sunday from 10am until 12.30pm with food afterwards continuing until approximately 2pm. It is also possible some classes will be held after 2pm. The normal Sunday congregation is likely to number less than 100.

There are ten holy days throughout the year and when these fall within the week a small celebration will be held with up to 50 people likely to attend between 6-8pm. A full celebration will be held the following Sunday when the normal Sunday attendance is likely to increase to 130-140 people.

Weddings will be held during Sunday services as and when required. The applicants have advised that 5 were held in the last year from the existing congregation. On such occasions 200-250 people would be likely to attend the Temple, after the ceremony the guests leave to hold their celebrations at another venue.

RELEVANT PLANNING HISTORY

Planning permission was granted for the erection of a Sikh Temple and Community Centre in October 2001, planning application 01/01193/FUL. This permission expired in October 2006.

SUMMARY OF REPRESENTATIONS

One letter of objection has been received from an occupier of adjacent business premises. The grounds of objection are: - There will be noise from the Temple. - Traffic to the temple will affect deliveries to adjacent premises on Warren Street. The objector considers that insufficient off street parking is being provided to serve the use. - The temple will be affected by dust, odours and vermin from the adjacent waste transfer station. - The temple should be located in a residential area.

81 PLANNING ASSESSMENT

Policy Issues.

The site falls within a general industrial area as identified on the UDP Proposals Map. In these areas preferred uses are general industry and warehousing. Community facilities and institutions are acceptable (Policy IB5). Policy IB9 states that new development will be permitted provided it would not lead to a concentration of uses, which would prejudice the dominance of industry and business and cause the loss of important industrial sites. New development must also be well designed, be adequately served by public transport and provide safe access to the highway network and appropriate off street parking. Policy IB12 states that community facilities will be encouraged in industry and business areas where they meet the needs of ethnic minorities, are easily accessible by public transport and safe to walk to and from.

Whilst a place of worship is not the preferred use it is acceptable provided industry and business uses remain dominant in the area. In this case should this relatively small site be developed for a Sikh Temple it will not jeopardise the dominance of preferred uses. The site is identified in the latest Business and Industrial land Survey for 2006. However given the current demand and supply of industrial land it could not be argued that this site is needed to meet the city’s industry and business land requirements. The proposed Temple will meet the needs of an ethnic minority group and is reasonably served by public transport although not within walking distance of housing areas. Therefore the proposal is largely supported by policy IB12. The design and access issues are considered in more detail below.

As planning permission was granted for a very similar proposal in 2001 there would need to be a significant change in circumstances to justify the Council coming to a different decision on this application. The policy framework remains largely unchanged since the previous consent.

Design Issues.

The site is not especially prominent as it is screened from Attercliffe Road by existing development and Warren Street is a minor industrial access road. There will however be glimpsed views from Attercliffe Road and the rear of the development will be viewed by the public using the Five Weirs Walk which is located immediately to the south of the site.

The existing development adjoining the site comprises of fairly low quality industrial workshops, industrial plant and open yard areas. There is no special character to the surrounding area and in this context there is no reason why a Sikh styled temple would be inappropriate. The design is of a significantly higher quality than the adjacent development and therefore it will enhance the visually amenity of the locality.

The changing scale of the built elements helps to break down the mass of the building along with piers that divide the building into bays. The architectural

82 treatment is similar to the previously approved scheme although the design has been simplified on cost grounds by removing roof level balustrades, reducing the number of window openings and simplifying the dome features. With the exception of the alterations to the domes these changes have benefited the appearance of the building such that it appears less fussy and busy. The deep reveals to the window openings will help to add depth and modelling to the elevations.

In conclusion given the character of the area it is considered that this site can accommodate the distinctive design proposed. The scale of the building is appropriate in this industrial setting and the massing has been successfully broken down by the detailed architectural treatment. Whilst the design is not considered to be exceptional quality it is an improvement over the surrounding industrial development and therefore will be a positive addition to the townscape.

Access Issues.

Ideally a place of worship should be located within walking distance of its congregation as is the case with many churches, mosques etc. In this case the local Sikh community is not large and is widely spread throughout the sub region. The Sikh community is not concentrated in one area and worshippers are drawn from Sheffield, Rotherham, Barnsley, Chesterfield and Bakewell. Given these characteristics it is likely that there would only be only a small number of worshippers who could conveniently walk or travel by public transport to the site wherever it was located.

The site is located approximately 100m from bus stops on Attercliffe Road. The site is reasonably accessible by bus as the 52 service stops close to the site at a 6- minute frequency throughout weekdays and every 12 minutes in the evenings. It is a half hourly service on Sundays. The number 6 service also serves the site and has a reasonable frequency. Access to the Five Weirs Walk/cycle route can be obtained from within 50 metres of the site. A condition is proposed that will ensure the footpath between the site and the Five Weirs Walk is brought up to an appropriate standard.

During the week the number of vehicle movements to the site is likely to be very low and much less than other commercial or industrial uses that could potentially occupy the site. The car park is sufficiently large to adequately accommodate the parking likely to be generated by normal usage of the site. It is possible there will be some overspill onto the surrounding streets on the infrequently occasions when weddings take place. However this will take place on Sundays when there is more capacity for on street parking without disrupting the operations of adjoining businesses. Provision within the car park is made for coach parking, cycle parking and disabled parking. A condition is proposed to ensure that parking restrictions are applied on the Warren Street frontage, at appropriate times, to ensure that businesses can maintain access to their premises.

The building will be fully accessible to people with disabilities. The plans show a level entrance, a lift to the first floor and disabled toilet facilities.

83 Amenity Issues.

The site is located in an industrial area and industrial noise is audible from yard- based activities on adjoining sites. However the site does not appear to be particularly badly affected by industrial noise.

A caretaker will be resident on site and it is important that the internal noise climate in the living accommodation is satisfactory. It is also important that building is designed to minimise the risk of complaints from users of the temple/community facilities, which might put pressure on jobs, or the efficient operation of adjoining businesses. A condition is proposed requiring a noise survey and noise attenuation works to be submitted.

There is a large waste-recycling site located to the west of the site. Bio degradable waste is processed in a building 150m to the west of the site and hard core materials are processed within a yard 60m to the west of the site. During recent site visits there has been no evidence of odour or dust problems. It is possible from time to time odour problems may arise however the Environment Agency has powers to deal with these. Both the Environment Agency and the Council’s Environmental Protection Service have been consulted and neither has raised objections to the proposal.

There is no reason why the proposed use should generate noise at a level that is likely to significantly affect adjoining industrial and commercial operations. There is no call to pray for a Sikh Temple.

Flooding.

Following the submission of a flood risk assessment the Environment Agency have raised no objections to the proposals subject to the finished floor level being conditioned.

SUMMARY AND RECOMMENDATION

The proposal is considered to be consistent with planning policy and very similar to a scheme granted permission on this site five years ago. Since the previous permission there have been no significant changes that would justify coming to a different decision. Ideally a place of worship should be located close to the community it is intended to serve. However given the dispersed spread of the congregation and because the site is reasonably served by public transport there is considered to be no justification for opposing this scheme on these grounds.

Given the significant provision for off street parking and because the periods of highest parking demand are unlikely to clash with business activity it is unlikely that the proposal will cause parking or access problems. Similarly the risks of odour, dust or noise problems are likely to be reduced. Local businesses may in fact benefit from the improved security due to the permanent presence on the site.

84 The building design is of reasonable quality for a site in this location. This is not a prominent site and it will be of a significantly higher quality than the low-grade industrial development adjoining the site.

Given the above considerations it is recommended that planning permission be granted.

Case Number 07/00491/CHU

Application Type Planning Application for Change of Use

Proposal Use of shop for the sale of take-away hot and cold food (Use Classes A1/A5)

Location 21 Bellhouse Road Sheffield S5 6HJ

Date Received 05/02/2007

Team CITY CENTRE AND EAST

Applicant/Agent Glams Ltd

Recommendation Grant Conditionally

Subject to:

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

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

2 The building shall not be used for ClassA1/A5 purposes on any Sunday or any Public Holiday and shall be used for such purpose only between 0800hours and 1800 hours on any other day.

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

3 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.

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

86 Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance.

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.

Site Location

87 LOCATION AND PROPOSAL

The site of the application is a shop unit near the roundabout at the junction of Bellhouse Road with Firth Park Road and is located within the District Shopping Centre. The shop was formerly used for the sale of greeting cards. Immediately adjoining are a building society at No. 17, the community forum offices at No. 19, then a bookmakers, a frozen food retailer and a café. The street in front has one way traffic and on-street parking is available subject to hours restrictions.

The unit is relatively small and a serving area is proposed downstairs with kitchen and staff toilets at the first floor. Consequently there is no living accommodation above the unit. No living accommodation appears present in any of the two units at either side.

The unit backs on to Sicey Avenue and faces the church, the Somerfield Supermarket and some more smaller shop units on either side of the street, but not to any living accommodation.

The use of the unit is intended to change from Use Class A1 to a combined A1/A5 to take account of a substantial amount of hot food sales.

SUMMARY OF REPRESENTATIONS

None received.

PLANNING ASSESSMENT

Policy Issues

The site is located in the Firth Park District Shopping Centre and in Policy S7, Development in District and Local Shopping Centres, food and drink outlets are included on the acceptable use menu. This is subject to the conditions of Policy S10 where an acceptable impact on any adjoining occupiers must be achieved and A1 uses must remain dominant.

A survey carried out by staff in Forward and Area Planning indicates that only 10 units out of 88 in the centre are within the A3-A5 Use Class. The nearest is at 29A Bellhouse Road.

The impact on adjoining occupiers will be relatively limited, as the applicants have indicated in a supporting statement that the use will operate weekday shop hours with no Sunday trading.

The plans show venting equipment to be installed on the rear yard elevation facing Sicey Avenue. No details of the manufacturer’s specification have been submitted and this is the subject of a condition. The equipment would not be located on the immediate frontage to the highway but set back about 3metres with the projections of adjoining buildings to conceal it from long views.

88 Access Issues

The entrance area is already compliant with the legislation to provide access for all.

Highway Issues

There are no highway safety issues related to the use. Loading/unloading is on- street similar to other adjoining uses.

SUMMARY AND RECOMMENDATION

The proposed use complies with planning policies for the shopping centre.

The use is acceptable in principle and there is no concentration or large number of uses to prejudice the viability of mainstream shopping. There are no immediately adjoining residents whose amenity would be affected. It is expected the amenity of workers in adjoining units would be safeguarded by installing the venting equipment.

The application is recommended for Grant subject to conditions on the installation of venting equipment and hours of operation.

Case Number 07/00812/FUL

Application Type A Full Planning Application

Proposal Alterations to The Oasis including formation of 4 additional restaurants and new foyer for existing cinema at first-floor level and extension to form enlarged entrance lobby

Location The Oasis Upper Level Site Of Vue Cinema, Namco Wonderpark 60 The Oasis & Margaritas 56 The Oasis Meadowhall Centre Meadowhall Way Sheffield S9 1EP

Date Received 26/02/2007

Team CITY CENTRE AND EAST

Applicant/Agent Meadowhall Centre Limited

Recommendation Grant Conditionally

Subject to:

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

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

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

In the interests of the visual amenities of the locality.

3 Before any work on site is commenced, a landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The scheme shall be carried out in accordance with the approved details within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority. When the above-mentioned landscaping has been carried out, thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.

In the interests of the amenities of the locality.

4 Notwithstanding the terms of the General Permitted Development Order 2005, or any statutory instrument revoking and re-enacting that order there shall be no permitted changes of use from restaurants/cafes (Use Class A3) to retail (Use Class A1) without prior planning permission being obtained from the Local Planning Authority.

In order to ensure that potential effect retail development on the City Centre is properly assessed against local and national planning policy.

Attention is drawn to the following justifications:

S8 - Development at Meadowhall

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

91 Site Location

LOCATION AND PROPOSAL

The application relates to the Oasis at the Meadowhall centre, which includes a food court, small shops, multiplex cinema, amusement arcade, and Meadowhall Centre’s management offices.

The application proposes the change of use of the amusement centre (Sui Generis, a use on its own) to four restaurants/cafes (Class A3). A poorly used stair linking the ground and first floor of the Oasis is to be changed into a 25 sqm kiosk/store on the ground floor and incorporated into a restaurant/café at first floor level. At first floor level the floor space within an existing restaurant and the cinema lobby is to be rearranged to create a more efficient cinema lobby.

92 It is also proposed to extend the entrance to the Oasis by approximately 50 sqm at ground floor level to provide an enlarged lobby and approximately 95 sqm at first floor level to accommodate an enclosed terrace to one of the new restaurants. Further small extensions are proposed to accommodate a fire escape in one of the service yards; a single storey electrical equipment room facing onto the riverside park and an existing refuse area is to be enclosed. Alterations are proposed to window openings, doors and some planting beds to the riverside elevation of the management suite offices to accommodate amended servicing arrangements and internal reorganisation of the office accommodation.

Within the food court a new stair is proposed to provide access to the first floor level, this does not require planning permission.

The applicants have explained that the existing food court has suffered from a shortage of larger, quality restaurant units and a poorly arranged cinema demise. The current proposals are intended to rectify these deficiencies.

SUMMARY OF REPRESENTATIONS

None received.

PLANNING ASSESSMENT

Policy Issues.

The application site lies within the Meadowhall Regional Shopping Centre site as identified in the Unitary Development Plan Proposals Map. Food and Drink uses and shops are identified as preferred uses (Policy S8). This policy lists criteria against which proposals for major non-food development should be considered. However this proposal couldn’t reasonably be defined as major non-food development. Proposals for non-retail development will be permitted only provided that they do not undermine the vitality or viability of the City Centre as a whole, will not jeopardise private sector investment needed to safeguard the vitality and viability of the City or put at risk the strategy for regeneration of the Central Shopping Area. There should also be sufficient capacity on the road network and the development should not result in a significant increase in the number and length of customer trips.

Planning Policy Statement 6 (PPS6) ‘Planning for Town Centres’ describes restaurants/cafes as town centre uses. Where development is proposed outside town centres it is necessary to consider the need for the proposal, its scale, its impact, the sequential test and the sites accessibility.

In this case the proposal is essentially replacing one town centre type use with another. The increase in floor space is insignificant. It is considered that differences between the two uses in terms of their effect on the vitality and viability of the city centre and proposals for its regeneration are insignificant. It is also considered that the proposal will not have a significant impact on parking or the number or length of trips to the shopping centre. It is therefore concluded that the proposal is not contrary to Policy S8.

In terms of PPS 6 an operational need for the development has been established as described above. The proposal is small scale and because of this and the fact that it is replacing one town centre type use by another it will not have a significant impact on other centres. The site is highly accessible as Meadowhall is the most accessible location in the city outside the City Centre. In terms of the sequential test there will be sites available within existing centres that can accommodate the uses. However given that the proposal will cause negligible harm and it satisfies an operational need it is considered that the sequential test issue is not sufficient basis for opposing this proposal.

Design Issues.

The extended lobby to the Oasis and first floor extension will have the most significant visual impact. The existing Oasis entrance is set back behind two projecting elements of the building and consequently is not as prominent as it might be. However it is well used and faces onto the riverside park and in this respect it is visually important.

The existing Oasis entrance comprises of a triangular shaped glazed entrance feature, which ties in with similar features that are incorporated into the cinema and the adjacent stair towers. The new entrance is pulled forward so that it is in line with the existing built elements either side. The entrance incorporates a similar proportion of glazing to the existing entrance. It is set back behind two art stone fascias at ground and first floor level. The fascias will be divided into panels with chamfered edges to provide visual interest. At first floor level there will be a small balcony accessible from one of the new restaurants. The colour of the framing to the glazing and entrance doors will match the existing Meadowhall colour scheme.

The new entrance design is more rectilinear in form however as it identifies the entrance to the building there is no reason why the design should not be distinct from the adjacent design features. The colour scheme will tie it in with the rest of the building. In general terms the new design is of a similar quality to the existing. It will clearly mark the entrance to the building and incorporates substantial glazed elements and consequently it will have a pleasing appearance. The first floor balcony will help to create a better relationship between the inside and the outside of the shopping centre, which is largely designed as an inward looking development.

The other external changes to the building have been designed to tone in with the existing shopping centre elevations. The new escape stair is located within a service yard and will not be visible to the public. The electrical equipment building is located below an existing escape stair and is partially screened by an existing landscaped mound. It will therefore not have a significant visual impact on its surroundings. The refuse compound will be cut into the rear of a landscaped mound and will not be prominent; it will replace a more visually intrusive timber compound. The other changes to the riverside elevation of the management suite office are of a fairly minor nature and in keeping with the character of the existing building and will not detract from its appearance.

94 The area of roof plant will only be visible from longer distance views from the Wincobank side of the Don Valley. It will be seen in the context of other roof plant structures and a rather busy roofscape. It is concluded that it will not impact significantly on the appearance of the site.

Access Issues.

As the proposals largely replace a leisure use with a food and drink use it is considered that the impact on parking demand and traffic generation will be insignificant.

The shopping centre is fully accessible to people with mobility impairments. The existing level entrance, lift access, disabled toilet facilities and parking will be unaffected by the proposals.

Flood Risk.

The application site falls within flood risk zone 2. The applicants have advised that floor levels will be set no lower than existing and that a permanent flood defence system was implemented 3 years ago. This is in accordance with the Environment Agency Standing Advice

SUMMARY AND RECOMMENDATION

The application proposes replacing an existing town centre type leisure use with another town centre use. The proposed changes will have operational benefits for the shopping centre and will not be harmful to the City Centre. The proposals are considered to be acceptable in policy terms and the design alterations will not detract from the appearance of the site. It is therefore recommended that planning permission be granted.

Case Number 07/00862/FUL

Application Type A Full Planning Application

Proposal Alterations to building to form health spa including provision of front access ramp, erection of walls to side of building to form garden area and side extension to form lift

Location 2 Oak Park Sheffield S10 5DE

Date Received 01/03/2007

Team SOUTH

Applicant/Agent Tatlow Stancer Architects

Recommendation Grant Conditionally

Subject to:

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

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

2 The stone wall around the perimeter of the site shall be retained unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the visual amenities of the locality.

3 The health spa shall not be used unless the car parking accommodation for 24 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.

96 cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.

In the interests of the amenities of the locality.

5 No trees, shrubs or hedges existing within the site of the development shall be destroyed or otherwise removed and no tree shall be lopped or topped, without the prior written agreement of the Local Planning Authority, but if notwithstanding this condition any tree, hedge, part of a hedge or shrub is removed or destroyed or damaged to such a degree that in the opinion of the Local Planning Authority its removal is necessary, then a replacement shall be planted of a species and size to be approved by the Local Planning Authority prior to planting. Any such replacement shall be cultivated and maintained for 5 years and any failure within that 5 year period shall be replaced with like species unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

6 The health spa shall be used for the above-mentioned purpose only between 0800 hours and 2200 hours on any day.

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

7 The health spa shall not be used unless the access and facilities for people with disabilities 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.

8 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.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas BE18 - Development in Areas of Special Character

97 GE15 - Trees and Woodland

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

Site Location

LOCATION AND PROPOSAL

The former Pellegrino Hotel is located at the corner of Manchester Road and Oak Park and comprises a substantial three and four storey stone, split-level building with a pitched roof. This is similar to other buildings around the site, which are also constructed of stone with pitched roofs. The whole site rises up from Manchester Road and in front of the building is a garden/parking area with an access taken off

98 Oak Park. At the rear is a larger car park with a further access taken off Oak Park with some mature trees right at the rear of the site. A stone wall runs around the site. All neighbouring uses are residential and Oak Park is narrow, rising towards the north.

The building has been used as a boarding house or hotel since about 1978 but this use has recently ceased. During that time a few minor alterations were made to the exterior, principally an external ramp at the front and side facing Oak Road. This application is to change the use from a hotel to a health spa. The facilities at the health spa would be:

- Hydrotherapy baths - Two steam rooms - Sauna - Relaxation area - Body toning machines - Treatment rooms

It would be a similar operation to the wet area of the Virgin and Esporta Health Clubs. Each session would be reserved in advance and there would be no walk-in business such as hairdressing or general beauty treatments.

As part of this application the existing access ramp at the side and front would be replaced by new disabled access facilities and a terrace would be created at first floor level at the front with a decked area and walled garden below at ground floor.

REPRESENTATIONS

None have been received.

PLANNING ASSESSMENT

Policy Issues

The adopted Unitary Development Plan (UDP) shows that the site is within a Housing Policy Area and an Area of Special Character. Policy H10 of the UDP states that both the former use Hotel (C1) and the proposal, Leisure and Recreation Facilities (D2) are acceptable. However this policy, in this instance, has in effect been superseded by PPS 6 – Planning for Town Centres – and this gives advice relevant to this application, which will be explored later in this report.

Policy H14 – Conditions on Development in Housing Areas – states that any development should be in character with neighbouring buildings, there should be no harm or disturbance to neighbours, there would be appropriate off-street parking and pedestrians should not be endangered.

Policy BE18 – Development in Areas of Special Character – states that buildings, walls, trees and spaces should be retained.

Policy GE15 – Trees and Woodland – encourages the retention of mature trees.

Principle of Development

Government advice contained in PPS 6 – Planning for Town Centres – has overtaken the policy guidance in the UDP. The proposal is acceptable when set against Policy H10 of the UDP. However PPS 6 lists Health and Fitness Centres as main town centre uses that are required to satisfy the tests of need, scale, the sequential test, impact and accessibility. In this case, the most recent use was as a hotel and this use is also classed as a town centre use in PPS 6 because the facilities included those for conferences, weddings, small parties, licensed bar, parking facilities and games room. Therefore the proposal would replace one town centre use with another and as it is not a more intensive use it is considered to be acceptable. There would be no impact on Broomhill District Centre or the City Centre. The numbers of people using the Health Spa are unlikely to exceed the numbers at the hotel when it was full.

Therefore, there would be no conflict with PPS 6.

Impact on the Locality and Area of Special Character

The proposal involves the retention of the existing three/four storey building which is stone built with a number of gables, particularly at the sides facing south and west. This would remain unaltered apart from the removal of the disabled access at the south and west sides which is enclosed by metal railings. This would be replaced by a balcony at the same location with the railings replaced by glass panels which would be more attractive. There would be improved disabled access at the west in the form of a new but small ramp. At the front would be a walled garden, newly laid out parking spaces would have a grass paving system incorporating sustainable urban drainage and the stone wall and mature trees would be retained.

The proposal would improve the external appearance as the building, through disuse, has become neglected and the minor alterations that are proposed would improve the quality of the building. Also, the applicant will improve the car park and retain the stone wall around the site and keep the mature trees.

Consequently, the proposal would improve the visual appearance of the immediate locality and the wider Area of Special Character, in line with Policy BE18 of the UDP.

Impact of the Amenities of Existing Residents

The former hotel use would have resulted in noise from parties and weddings that may well have run late into the evenings. The proposed use would not involve this as it is a quiet use on an appointment only basis. There would be very little external activity apart from vehicle movements and use of the front facing terrace and walled garden, which are further away from houses than other parts of the building.

100 It is considered that the proposal would be a quieter use than the hotel and there would be no harm to the amenities of neighbours and no conflict with Policy H14 of the UDP.

Access, Parking and Transport

There are two access points that would be retained to serve the front and rear car parks. A total of 24 parking spaces are proposed with two of these being for disabled persons. The maximum numbers of staff and visitors at any one time would be 5 and 11 respectively. The car park provision is adequate enough to cope with the number of visitors. There are no parking restrictions in Oak Park but this is a narrow road and on-street parking here should not be encouraged.

The Unitary Development Plan does not provide any specific advice on parking standards for health spas but, from the information provided, the provision would be acceptable. It is envisaged that no more than 21 staff and visitors would be in attendance at any one time with the absolute maximum being 31, which is not likely. It is also common for clients to come in groups of 2,3 or 4.

The access points are both safe in that there is good visibility. There would be no danger to pedestrians and there are good bus services along Manchester Road. Also, the site is within walking distance of Broomhill Shopping Centre.

Disabled Provision

The applicant is proposing to upgrade the level of disabled access to meet modern requirements. Two disabled parking spaces would be provided and new ramps having a gradient of 1 in 15. Disabled toilets would be provided and a new lift, along with suitable door widths, colour schemes, induction loops, good lighting and large writing. This is acceptable and its provision would be controlled by a condition.

SUMMARY AND RECOMMENDATION

The application proposes the use of the former Pellegrino Hotel as a health spa. The exterior of the building would alter very little apart from the new balcony and small, walled garden at the front. The two car parks, the mature trees at the rear and the stone wall around the site will be retained. The character of the locality and Area of Special Character would not be harmed, nor would the amenities of existing residents. The site is in a sustainable location and there would be acceptable levels of off-street parking.

The proposal meets the policy criteria set out in the adopted UDP and PPS 6 – Planning and Town Centres – and is recommended for conditional approval.

101

Case Number 07/01009/FUL

Application Type A Full Planning Application

Proposal Extension of hours of use until 0300 on any day (Application under Section 73 to vary condition 3 [opening hours] as imposed by 04/01913/FUL, 05/01248/FUL and 06/00925/FUL)

Location Former Kendal Works 23-31 Carver Street Sheffield S1 4FS

Date Received 08/03/2007

Team CITY CENTRE AND EAST

Applicant/Agent Development Land & Planning Consultants Ltd

Recommendation Grant Conditionally

Subject to:

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

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

2 The development shall not be used unless the sound attenuation works recommended in the report by Hepworth Acoustics (dated November 2002) have been implemented, including the provisions of sound lobbies to all public entrances and mechanical ventilation.

In order to ensure an appropriate quality of development.

3 The building shall only be used for the above mentioned purposes between 0730 and 0030 on the following day, except for two years from the date of this approval when it shall be used between 0730 and 0300 on any day.

To protect the amenities of the future occupiers of nearby residential developments.

4 Unless otherwise agreed in writing there shall be no opening lights in the extension and the windows in the external elevation of the scissor forge and the ground floor area of the cafe bar in the Carver Street verge shall be made none opening.

102

To protect the amenities of the future occupiers of nearby residential developments.

5 No amplified sound or live music shall be played nor shall loud speakers be fixed at any time in the external area adjoining the west elevation.

To protect the amenities of the future occupiers of nearby residential developments.

6 Noise levels from plant and machinery shall not exceed existing background noise levels at the site boundary by more than 3 dBA (when measured as a 5 minute LA90).

To protect the amenities of the future occupiers of nearby residential developments.

7 No movement, sorting or removal of waste bottles, materials or other articles, nor movement of skips, shall be carried on outside the building within the site of the development between 2400 hours and 0730 hours Monday to Saturday and between 2400 hours and 0900 hours Sunday and Bank Holidays.

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

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

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

9 The area shown hatched adjoining Carver Lane shall be kept free of permanent obstruction and shall be made available if required for vehicular access improvement works to Carver Lane.

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

10 The development shall not be used unless all redundant accesses have been permanently stopped up and reinstated to footway, and means of vehicular access shall be restricted solely to those access points indicated in the approved plans.

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

103 11 The proposed Class A3 part of the development shall not be used unless the Class A1 shop unit has been provided and is either occupied or is ready for occupation for that purpose.

To ensure completion of the development and meet planning policy objectives.

12 No live music or amplified sound shall be played within the building unless the scheme of noise attenuation works has been carried out and sound levels shall be limited to ensure that the following levels are not exceeded in the street.

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

In the interests of the amenities of the locality.

13 Before the use of the development is commenced a Validation Test of noise emission levels shall have been carried out and the results submitted to and approved by the Local Planning Authority. Such Validation Test shall:

- Be carried out in accordance with a method statement, which shall first have been submitted to and approved by the Local Planning Authority. - Demonstrate that the approved noise levels have been achieved.

In the event that the approved noise levels have not been achieved, then notwithstanding the sound attenuation works thus far approved, a further scheme of sound attenuation works recommended by an acoustic consultant shall be submitted to and approved by the Local Planning Authority before the use of the development is commenced. Such further scheme of works shall be installed as approved by the Local Planning Authority and shall thereafter be retained.

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

14 Before the development is commenced, details of the following items shall be submitted to and approved by the Local Planning Authority.

i. Specification of all repairs to structure, walls, roofs, floors, windows, doors, rainwater goods and other building elements and fixtures. ii. Windows: confirmation of installation of timber, vertical sliding boxed sash windows to Carver Street range and multi paned side hung casement windows to Scissor Forge and Carver Lane range, in designs to match those previously installed.

104 iii. Fixtures and fittings (i.e. fireplaces, window shutters etc,) provision of schedule of all such elements, with photographic record, together with confirmation of proposals for retention, removal or relocation. iv. Internal and external doors: design, details and specifications of all new doors, internally and externally. v. Entrance door to retail unit: full details of new entrance door. vi. Lobbies to atrium: details of design. vii. The external plant. viii. Detailed architectural and photographic survey based upon a brief to be agreed with the Heritage and Urban Design Team and the South Yorkshire Archaeological Service. Copies of survey to be lodged with the Planning, Transportation and Highways Service, Sheffield Local Studies Library and Sheffield Archive. ix. Atrium roof structure and columns: details of design and decoration of trusses, the integration of ventilation ducts and fixing to existing structure. x. New floor structure: details and design of abutment with existing structure. xi. Courtyard floorspace. xii. Internal and external lighting: design and location of all light fittings. xiii. West range design: details of columns, piers, lintels and other architectural features. xiv. Bar within scissor forge. xv. Services: location, specification and appearance of meter boxes, binstores; outlets and inlet for gas, electricity, telephones, security systems, CCTV cameras, cable, trunking, flues, fresh and foul water supply and runs, heating and ventilation equipment and duct and pipe runs. xvi. External works: location, specification and appearance of boundary walls, fences and gateways; steps and paths; hardstandings; hard landscaping generally. xvii. External walls: extent and specification of brick and stone repair and cleaning; the standard and specification of mortar joints and pointing. xviii. Signage: design, specification and locations.

To safeguard the listed building.

15 Before the development is commenced details of the following items shall be submitted to and approved by the Local Planning Authority.

(i) The opening width of doorways. (ii) Manifestation to glazed panels in public areas. (iii) Internal signage. (iv) Stairs. (v) The lifts. (vi) Low section to bars.

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

105 Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Core H12 - Housing Development in the City Centre

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

Attention is drawn to the following directives:

1. The applicant is advised that condition No(s) 1-2 and 4-15 were imposed by planning permission No. 06/00925/FUL and are reproduced on this notice to provide you with a complete record of all conditions, regardless of whether some may have already been discharged.

106 Site Location

LOCATION AND PROPOSAL

The application site (the Cristal Bar) comprises the former Kendal Works, which is a Grade II Listed Building located between Carver Street and Carver Lane. It lies within the Devonshire Quarter of the City Centre and also falls within the City Centre Conservation Area.

The site adjoins a car park to the north and a restaurant and bar (The Ruby Lounge) to the south. Flares nightclub (open daily until 0200) lies almost opposite at 2-8 Carver Lane. The NUM offices stand on the eastern side of Carver Lane. The nearest residential block lies on West Street, more than 80 metres away.

The bar has recently been operating in accordance with planning permission granted in May 2006 for an extension of hours from 0730 until 0300 on any day.

107

RELEVANT PLANNING HISTORY

The following planning applications are considered relevant to the determination of this proposal:

06/00925/FUL Application under Section 73 to vary Condition 3 of planning permission 06/00925/FUL to extend the hours to 0730 to 0300 on any day. Approved: 16.05.2006 (Expires 16.05.2007)

05/01248/FUL Application under Section 73 to vary Condition 3 of planning permission 04/01913/FUL below to extend the hours to 0730 and 0130 on any day and 0730 hours and 0230 hours on 5 occasions within the 12 months from the date of the decision (expired 17th May 2006) Approved: 17.05.2005.

04/01913/FUL Application under Section 73 to vary Condition 3 (hours of use) of planning permission 03/02355/FUL from 0730 hours to midnight on any day except for 5 days in any year when it may be used between 0730 hours and 0100 hours to 0730 and 0030 on any day. Approved: 03.08.2004

03/02355/FUL and 03/02357/LBC Alterations and extension to building for use as a café bar with associated offices and retail unit. Approved: 18.11.2003

00/01249/FUL and 00/01294/LBC Re-development of building for use as café bar, retail units, workspace and offices. Approved: 29.05.2001

SUMMARY OF REPRESENTATIONS

The application was advertised by way of site notice, press notice and neighbour notification. No representations have been received.

PLANNING ASSESSMENT

The Cristal Bar lies within Sheffield City Centre and is designated as part of the Central Shopping Area within the Adopted Unitary Development Plan.

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 (A3-A5) and housing are preferred uses within the City Centre. The application site has been operational as a drinking establishment for some time and the principle of its use is therefore not an issue for consideration, albeit that it is entirely appropriate within the City Centre.

108 However, the site also lies within a Housing Priority Zone. Policy H12 of the UDP determines that within such zones, housing is expected to form a significant proportion of any new development.

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

Guideline 10 of the CCLS relates specifically to the residential amenity of residents in relation to the extension of hours to A3 uses and notes that in certain Quarters, the amenity of residents during night-time hours is considered to be important and for new developments involving pubs, bars and restaurants it is appropriate to set their closing times to prevent undue disturbance. Within the Devonshire Quarter, the guidance recommends that bars open until 0030 and restaurants to 0100.

Guideline 11 relates specifically to late nightclub developments and notes that they will normally be accepted in those parts where few people live at present (e.g. Heart of the City around Barkers Pool).

The CCLS guidelines pre-date the most recent licensing laws and in this respect, do not anticipate the current licensing situation. In October 2005, however, the Council adopted Interim Planning Guidance on Night Time Uses, 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. The IPG sought to identify two areas where time limits should be placed, in the Heart of the City/Cathedral and Broomspring Area of the Devonshire Quarter. This application lies outside the 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 any residents.

There are currently no residential units within the upper floors of Carver Street and the nearest residential block is located more than 80 metres away on West Street. It is relevant to note, however, that the adjacent NUM site does benefit from a mixed-use but partly residential consent, which expires in 2010 but has not been implemented. Indeed, this site is also the subject of planning approval for a fully commercial development, which is considered to be the more likely to proceed although regard must be had to the fact that a part-residential planning permission on the site does exist.

Currently there are few people living within close proximity of the Cristal Bar and the extension of hours is therefore considered unlikely to be detrimental to the amenity of existing residents in the City Centre at this time. In the period of 2005- 2006 there was only one complaint received with regard to live music from the Cristal Bar from a resident on West Street, which was satisfactorily resolved and the Environmental Protection Service (EPS) were satisfied that any potential noise issues could be managed. An update on complaints from EPS was still awaited

109 at the time of writing this report and Members will therefore be advised on this issue at Planning Board.

In conclusion, given the limited nature of residential development within the proximity of the site at present, it is considered that there are no specific grounds for seeking to limit the opening hours on any particular day of the week. It is acknowledged, however, that the City Centre is still in a period of transition with a number of potential and on-going new developments. Whilst the application initially sought a permanent extension of hours, it is considered appropriate to recommend a 2-year temporary approval for an extension of hours from 0730 to 0300 to allow a further period of assessment prior to giving consideration to a permanent extension from 0730 to 0300.

SUMMARY AND RECOMMENDATION

It is therefore recommended that Members grant consent for the building to be used as a bar between 0730 and 0300 on any day for a further temporary period of two years.

110

Case Number 07/01055/FUL

Application Type A Full Planning Application

Proposal Extraction works to remove coal

Location Office World 1 Eyre Street Sheffield S1 4QW

Date Received 12/03/2007

Team CITY CENTRE AND EAST

Applicant/Agent Urban Innovations

Recommendation Grant Conditionally

Subject to:

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

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

2 No part of the development as hereby permitted shall commence until details of an agreed scheme of works has been submitted to, and approved in writing by the Local Planning Authority. The scheme of works shall oblige the applicant, or developer and its contractor to use all best endeavours to minimise disturbances including noise, but not limited to vibration and dust emanating from the site and will include the following information for agreement:

(a) A specification of extraction works for each phase of removal; (b) Details of a scheme for the monitoring of noise, dust and vibration; (c) Identification of the most sensitive receptors, both residential and commercial where assessment and monitoring of impacts will be undertaken as work progresses at times to be agreed as part of this scheme of works; (d) Agreement on, and assessment of permitted noise levels emanating from the site at the boundary and at noise sensitive facades; (e) Engineering measures, acoustic screening and the provision of sound insulation required to mitigate or eliminate specific environmental impacts as far as practicable; (f) Unless otherwise agreed as part of this approved scheme of works, the operation of site equipment and/or plant and machinery generating noise that is audible at the façade of residential or noise sensitive premises shall

111 only be carried out between the hours of 0800 to 1800 Mondays to Fridays, 0800 to 1300 on Saturdays and at no time on Sundays and Bank Holidays. (g) Details of a suitable and sufficient means of suppressing dust to be provided and maintained, to include the adequate containment of stored or accumulated material so as to prevent it becoming airborne at any time and giving rise to nuisance.

All demolition and construction work shall be undertaken in strict accordance with the approved scheme unless otherwise agreed in writing by the Local Planning Authority.

To limit the detrimental effect of demolition and construction works on adjoining residential occupiers by reason of noise and disturbance.

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

In the interests of the safety of road users.

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

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

5 No development as hereby permitted shall commence until a map showing the defined road access routes to and from the site for all vehicles involved in the removal of material as proposed in this application has been submitted to and approved in writing by the Local Planning Authority.

In the interests of highway safety and access.

Attention is drawn to the following justifications:

IB6 - Development in Fringe Industry and Business Areas

112 MW1 - Mineral Working

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

Attention is drawn to the following directives:

1. The applicant is advised that the removal of material as described in the application is likely to amount to commencement of development of planning permission 06/02316/FUL with subsequent implications with regard to discharge of relevant planning conditions.

Site Location

113 LOCATION AND PROPOSAL

The application site is prominently located on the Furnival Square roundabout and was previously occupied by Officeworld. It comprises a large 960 square metre non-food retail ‘shed’ that has been vacant for some time with the former retail car park area now used as a City Council car park. The site is bounded on all sides by roads with Eyre Street to the north, Eyre Lane to the south, Duke Lane to the West and Furnival Street to the east.

The existing building occupies approximately one-third of the site, fronting Eyre Lane, with the remaining area to the rear providing the hard-surfaced car park. Vehicular access to the site is currently achieved from Eyre Lane. The site slopes from north to south with a change in level of approximately 1 metre from Eyre Street to Eyre Lane.

This is a full planning application for the extraction of surface coal from the site, which is deemed to be a mining operation. On the basis that Section 55 of the 1990 Town and Country Planning Act defines "development" requiring express planning permission as "the carrying out of building, mining, engineering or other operations, in, on, over or under land, and the making of any material change in the use of buildings or other land, it was deemed that planning permission was required.

The area of coal extraction comprises approximately two-thirds of the site extending to almost 64 metres of the Eyre Lane frontage (which extends to 75 metres in total), approximately two-thirds of the Furnival Square frontage and approximately 47 metres of the Eyre Street frontage (58 metres in total) although the area is set back from Eyre Street by approximately 15 metres. It is a shallow area of coal extraction extending to a maximum depth within the site of 2 metres at the corner of Eyre Street and Furnival Street, extending to 1 metre fronting Furnival Square and decreasing to 0 metres (i.e. just below the surface) within the site as it slopes from north-east to south-west.

The removal of this ‘material’ is required in any event to facilitate the construction of the hotel and office development approved by this Board on 29th January 2007 and in particular, the construction of the basement. Following the granting of planning permission, it emerged that coal lay below the surface of the site, which the applicant therefore wishes to remove for commercial benefit. It is anticipated that approximately 16,000m3 of excavated material will have to be removed from the site in the course of the construction of the approved development of which 750m3 (5%) will be coal removed as part of this application.

It is anticipated that approximately 1000 tonnes of coal will be removed over a period of 12 weeks, which will generate approximately 95 lorry movements with an average of 15 lorries a day. However, as the coal will only be extracted when encountered in the course of removing the general material from the site, it is anticipated that there may be some days when there will be very few or no lorries removing coal from the site.

114 RELEVANT PLANNING HISTORY

The most relevant planning history is set out below:

06/02316/FUL: Erection of a part 6, part 9 and part 17 storey office block (Use Class B1) and a hotel (Use Class C1) in a part 6, part 10 storey block including leisure unit (Use Class D2) and café/bar (Use Class A3/A4) at ground and lower- ground floor with basement car parking (amended scheme). Approved: 30.01.2007

06/04614/CAC: Demolition of retail warehouse Approved: 30.01.2007

06/01289/RG3: Use of land as short stay public pay and display car park (change of use planning application under Regulation 3 - 1992). Approved: 31.05.2006 (expires 1st June 2009)

SUMMARY OF REPRESENTATIONS

The application was advertised by way of site notice, press notice and neighbour notification. A total of 8 letters of objection have been received in response to the application from occupiers of adjoining commercial properties. The objections principally relate to the following issues:

- Noise and dust generated by the activity; - Sheffield is ‘vast becoming a building site with organisations doing just what they want’; - Increase in the amount of road traffic due to the transportation of coal; - Noisy and dirty working environment; - The additional activity of mineral extraction in a city centre already severely disrupted by major building and construction works is unacceptable; - Health hazard to offices who will need their windows open during this period of the year but will be unable to open them due to noise and air pollution; - Inappropriate for a city centre site; - Absence of an Environmental Impact Assessment; - Contrary to the Unitary Development Plan.

PLANNING ASSESSMENT

This application proposes the extraction of coal in the course of removal of material from the site in connection with the construction of the mixed-use hotel and office development approved by this Board in January 2007. The principle issues to consider in the determination of this proposal include the following:

- Principle of development: policy and land use; - Environmental Impact Assessment; - Amenity considerations - Transport and highway considerations.

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

Policy and Land Use

The application site is designated as a Fringe Industry and Business Area within the current Adopted Unitary Development Plan. Policy IB6 of the UDP advises that within such areas, employment generating uses such as Business (Use Class B1), General Industrial (B2) and Warehousing (B8) are preferred but a range of other uses including hotels (C1), leisure (D2) and food and drink outlets (A3-A5) would also be acceptable. Policy IB9 of the UDP advises that the preferred uses (i.e. employment) should remain dominant within Fringe Industry and Business Areas.

Clearly, this application is not seeking a permanent change of use of the site for the purposes of coal extraction but is rather a temporary mining operation for the removal of coal that exists within the site, which will be extracted in the course of preparing for development in connection with an existing planning permission. It is an operation that will occur for a temporary period of only 12 weeks, of which a small proportion of the material removed will actually relate to the extraction of coal. Moreover, it is required in connection with a development that has already been deemed acceptable in principle.

It is relevant to acknowledge that there are policies within the Adopted UDP that relate to mineral working but it is supposed that these policies relate to more significant mineral extractions than anticipated on this site. Policy MW1 (Mineral Working) of the UDP, for example, advises that mineral working will be permitted where it would help meet local, regional or national need for the mineral, where the mineral deposits would be worked in an efficient and comprehensive way, where it would not case irreparable damage and where the operator agrees and agreed scheme of works. Whilst it has not been specifically demonstrated that 750 cubic metres of coal on this site meets a particular need, it does not seem reasonable to refuse planning permission on this basis given that the material within which the coal lies must be removed from the site in any event to enable development. It is the case that the coal will be worked in an efficient manner, in material that has to be removed, it will not cause irreparable damage to the environment and conditions are recommended with respect to an agreed scheme of working, considered in more detail in the report below.

Overall, the extraction of coal from this site is not considered to be on a significant scale and it is not considered appropriate to determine its use in the context of the Unitary Development Plan on the basis that it is an ‘operation’ prior to the implementation of a development that has already secured planning permission. The more significant consideration is determined to be the impact of the proposed extraction of coal on the amenity of nearby occupiers by virtue of noise and air pollution, which is assessed below.

Environmental Impact Assessment

The proposal has been considered in the context of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations

116 1999. It does not entail a Schedule 1 project (for which a full EIA is always required) as this relates to open cast mining that exceeds 25 hectares. However, extractive industries (including open cast mining) are identified in Schedule 2 of the 1999 Regulations, establishing a threshold and criteria relating to all development except the construction of buildings or other ancillary structures where the new floorspace does not exceed 1,000 square metres. In this case, the area of the site from which the coal will be extracted extends to approximately 1687 square metres.

Inclusion within Schedule 2 of the EIA Regulations does not imply that an EIA is necessarily required but it is largely an assessment of whether the development would generate significant environmental effects. In general, the more environmentally sensitive the location, the more likely it is that the effects of development will be significant and that an EIA will be required. Clearly, developments that meet or exceed the applicable threshold are considered on a case-by-case basis and are broadly assessed in terms of the characteristics of the development, location of the development, and characteristics of the potential impact.

The application has been screened to determine whether an EIA is required. It is considered that whilst a sensitive location in terms of proximity to existing offices and residential properties, the site is not environmentally sensitive in terms of proximity to sites of Special Scientific Interest for example. Moreover, the characteristics of the development are such that it is a temporary and short-term mining operation and the removal of coal forms part of wider extraction of material from the site required to enable the construction of the basement of the approved development. The characteristics of the potential impact are such that they are short-term and can be managed to a degree, in terms of hours of operation, noise restrictions and dust mitigation as a construction process would be. On these grounds it was deemed that a full EIA was not required to support this application.

Amenity considerations

This application seeks the extraction of coal, which will be extracted in the course of the removal of material required in connection with the approved development of the site as an office and hotel. The approved scheme incorporates a basement car park facility, which requires the site to be excavated. The coal lies within the extent of material to be excavated. The principal issue in relation to the works is the impact on the amenity of adjacent occupiers by virtue of noise and dust.

The application advises that it anticipates extraction of coal using a tracked excavator, producing in the region of 90dB (typically defined as a loud level broadly equivalent to a lawnmower at two metres). It will then be loaded onto a tracked excavator producing 75dB (determined to be moderately loud) and onto lorries, which will produce a maximum noise level of 80dB (moderately loud).

The applicant has advised that due to the shape and location of the coal seam, the coal extraction will not be carried out in one continuous operation, but rather over a period of 12 weeks with the coal extracted when it is encountered. Hours of working are currently proposed to be Mon-Fri 0800 to 1800 and on Saturday from

117 0800 to 1300. The applicant has also advised that the noise levels will be no higher than those anticipated in the course of a typical construction programme.

Whilst acknowledging that there will clearly be some disruption to adjacent properties as a result of this application and in the course of the construction of the approved development, it must be noted that this will be a temporary situation that must be expected to in order to facilitate the regeneration of the City Centre. The extraction of coal in itself will not add unduly to the disruption anticipated in the course of the construction programme and given that it is clearly a temporary situation, would not justify refusal of this application. It is considered that it is more a matter of mitigating and diminishing the impact as far as possible; this is achievable through the imposition of planning conditions to control dust suppression, to introduce acoustic barriers, to consider hours of working and to agree a scheme of working with the operator to minimise local disturbance. It is appreciated that an acoustic barrier around the site will have little effect in terms of noise levels to the higher storeys of adjacent developments but it is a method to mitigate general noise levels in proximity of the site. Moreover, it is also considered that it may be appropriate to consider a more flexible working hours arrangement to include, for example, consideration of Saturday afternoon operations to avoid peak weekday working, which may impact more significantly on the adjacent commercial occupiers. This might also serve to reduce the overall length of the works period, to the benefit of nearby residential occupiers. At the time of writing the report, this was the subject of discussion with the Environmental Protection Service and Members will be updated on the matter directly at Planning Board.

Overall, it is considered that whilst clearly an inconvenience to adjacent occupiers, noise arising from the removal of coal, which is broadly tied to the construction of the proposed hotel and office development, is a short-term situation that is unavoidable whilst the City Centre is in transition and enduring a period of regeneration. Measures will be imposed to mitigate the nuisance as far as practicable, as appropriate to a construction site, in terms of conditions to secure dust suppression, appropriate hours of working and noise mitigation. On this basis, it is considered that the issue of noise and disturbance is not sufficient to warrant refusal of this application.

Transport and Highways consideration

As noted in the report above, it is anticipated that the coal extraction, in combination with the removal of material from the site, will generate approximately 95 lorry movements over 12 weeks, equating to approximately 15 lorries per day although it is unlikely to be an even distribution of movements throughout that period. Based upon the applicants’ assertion that the extraction of coal comprises 5% of the total material to be removed from the site, it is projected that the removal of coal specifically relates to approximately 5 lorry movements of the overall total.

Highways Development Control have advised that the proposals do not give rise to any significant highway concerns and the total number of HGV movements is not considered to be high. Conditions are, however, proposed in respect of the route of construction vehicles and wheel washing facilities.

118 It is noted that the proposal will terminate the current use of part of the site for short-term car parking but the car park was a temporary permission and would have to cease in any event to enable the re-development of the site for the approved office and hotel scheme.

RESPONSE TO REPRESENTATIONS

The essence of the objections to this proposal principally relate to the noise and dust created as a result of the coal extraction and the principle of development in accordance with the UDP. It is considered that these issues have been fully addressed in the report above, which acknowledges that whilst the proposal will cause some noise disturbance to adjoining properties, both commercial and residential, it is unlikely to be significantly worse than typical construction noise, which would occur on this site in any event in accordance with the approved planning permission. Moreover, it is a use that will occur over a period of only 12 weeks maximum, which relates more appropriately to the removal of material from the site to facilitate the commencement of the hotel and office scheme of which 5% of the material will comprise coal.

SUMMARY AND RECOMMENDATION

Given the short-term nature of the coal extraction within the course of removing material from the site to facilitate a development for which planning permission has already been granted, the proposal is recommended for approval subject to conditions.

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