SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate

REPORT TO CITY CENTRE SOUTH AND EAST PLANNING DATE 21/09/2009 AND HIGHWAYS AREA BOARD

REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

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

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

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

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

09/02573/CHU 21-23 North Church Street Sheffield 7 S1 2DH

09/02546/FUL 386 Handsworth Road Sheffield 15 S13 9BY

09/02479/FUL St Andrews House 24 St Andrews Road 21 Sheffield S11 9AL

09/02426/FUL Wincobank Glass & Glazing Co 46 Sandstone Road 29 Sheffield S9 1AG

09/02330/FUL Imran's Southern Fried Chicken 60 - 62 Wicker 36 Sheffield S3 8JD

09/02397/FUL Imran's Southern Fried Chicken 60 - 62 Wicker 44 Sheffield S3 8JD

09/02387/FUL Site At 66, 68 And 70 Upper Allen Street (Site Of Former 70 Upper Allen Street) 50 Sheffield S3 7GW

09/02371/CHU 87 Pinstone Street Sheffield 58 S1 2HJ

09/02326/FUL Firth Park Community Arts College Fircroft Avenue 62 Sheffield S5 0SD

09/02236/FUL Intake Video 342 Mansfield Road 74 Sheffield S12 2AS

09/01654/FUL 85 Wicker Sheffield 80 S3 8HT

09/02198/LBC 85 Wicker Sheffield 87 S3 8HT

09/02114/FUL Land Bordered By St Marys Gate And Young Street 89 Sheffield

09/02065/FUL Land Adjacent 5 Tansley Drive 105 Sheffield S9 1LH

09/01858/FUL Bents Green Special School Ringinglow Road 113 Sheffield S11 7TB

09/01719/FUL Site Of Former Heeley National School Gleadless Road 127 Sheffield S2 3AL

09/01650/FUL Dr John Worrall School Maltby Street 138 Sheffield S9 2QA

09/01412/CAC 121 Eyre Street Sheffield 152 S1 4QW

09/01410/FUL 121 Eyre Street Sheffield 159 S1 4QW

08/04855/REM Land And Buildings At Barkers Pool, Cross Burgess Street And Burgess Street 176 (Block 3 New Retail Quarter - Sevenstone Development)

08/03377/REM Site Of 68-104 Pinstone Street, 1-19, 4-8 Charles Street, 14 Cross Burgess Street, 35-49 192 Cambridge Street (Block 4 New Retail Quarter-Sevenstone

4 Development) Sheffield S1 2HP

09/01509/REM Land And Buildings At Cambridge Street And Carver Street (Block 6 New Retail Quarter - 210 Sevenstone Development)

08/03012/FUL Yorkshire Co Op Society Car Park Beeley Street 226 Sheffield S2 4LP

Appendix 1 231

Appendix 2 236

5 6 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The CITY CENTRE, SOUTH AND EAST Planning And Highways Area Board Date Of Meeting: 21/09/2009

LIST OF PLANNING APPLICATIONS FOR DECISION OR INFORMATION

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

Case Number 09/02573/CHU

Application Type Planning Application for Change of Use

Proposal Retention of use of premises as bar/restaurant with opening hours between 1130 hours to 2400 hours Monday - Friday, 1130 hours to 0030 hours Saturday and 1200 hours to 2300 Sunday and Bank Holidays

Location 21-23 North Church Street Sheffield S1 2DH

Date Received 12/08/2009

Team CITY CENTRE AND EAST

Applicant/Agent Mrs J Stevens

Recommendation Grant Conditionally

Subject to:

1 The hereby approved use shall only operate between the hours of 1130 hours to 2400 hours Monday to Friday, 1130 hours to 0030 hours on any Saturday and 1200 hours to 2300 on any Sunday or Bank Holiday Monday.

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

2 No amplified music shall be played within the building except through an in- house amplified sound system fitted with a sound limiter, the settings of which shall have received the prior written approval of the Local Planning Authority before first use. The agreed noise limit shall thereafter be adhered to unless otherwise agreed in writing by the Local Planning Authority.

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 in writing 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. All plant and equipment shall be designed to achieve 5dB below the background noise levels when measured as a LA90.

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

4 No movement, sorting, or removal of waste bottles, materials or other articles shall be carried on outside the building between 2200 hours and 0730 hours on any day.

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

5 The fire exit doors shall only be used as an emergency exit and shall not at any other time be left standing open.

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

Attention is drawn to the following justifications:

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

IB7 - Development in Business Areas IB9 - Conditions on Development in Industry and Business Areas Cathedral Quarter Action Plan City Centre Living Strategy Interim Planning Guidance on Night Time Uses

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

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

Site Location

PROPOSAL

The applicant is seeking planning consent to change the use of 21-23 North Church Street from a restaurant (Use Class A3) into a restaurant & bar (Use Class A3 & A4).

The building to which the application relates has a rather unique physical makeup. It is effectively a two storey red brick building fronting North Church Street with a large single storey wing abutting Wheats Lane, which has a dual pitched glass roof. The entire building also has a lower ground floor level.

The unit would operate over three levels with the main bar, a small dance floor and seating area being set within the lower ground floor, and the kitchen, toilets and a

9 new internal bin store set within the ground floor of the main two storey building. The second floor provides an office, staff room and storage space.

The applicant wishes to operate the unit from 11:30 hours to 24:00 hours Monday – Friday, 11:30 hours to 00:30 hours on any Saturday and 12:00 hours to 23:00 on Sundays and Bank Holiday Mondays.

LOCATION

The application site is set within the Cathedral Quarter and the City Centre Conservation Area.

Many of the buildings within the immediate locality are listed, including numbers 17 & 19 North Church Street, which are set just across Wheats Lane to the south of the application site. Wheats Lane is a narrow path that joins North Church Street with Paradise Square. St Paul’s Cathedral is set just over fifty metres to the south of the site.

There are a variety of uses surrounding the site, including a significant number of offices and some residential accommodation, including 19 North Church Street.

RELEVANT PLANNING HISTORY

The unit was given planning consent to be used as a restaurant on 28 June 1983 (83/1687P). Condition 3 within this consent stated:

’The building shall be used solely for the use hereby permitted and shall not be used for any other purpose.’

This condition ensured that the applicant could not use the premises for any use other than as a restaurant, without first obtaining the appropriate planning consents.

It became evident in early 2008 that the premise was being used as a restaurant & bar. As a result, in November 2008, under reference 08/05654/CHU, an application was submitted to formalise this new use. The hours of opening proposed within the 2008 application were 11:00 hours to 04:30 hours on Fridays and Saturdays and 11:00 hours to 02:30 hours on any other day. This application was refused by Members on 20 January 2009 for the following reason:

‘The Local Planning Authority considers that the current and proposed operation of the unit as a bar/restaurant is unacceptable based on the proposed hours of opening, current and future noise breakout from the premises and further general noise and disturbance associated with the unit, which would be detrimental to the amenities of the locality and the living conditions of existing and future nearby residents. The proposal is therefore contrary to Policy IB9 within the Sheffield Unitary Development Plan and the aims of the Cathedral Quarter Action Plan, the City Centre Living Strategy and the Interim Planning Guidance on Night Time Uses.’

10 SUMMARY OF REPRESENTATIONS

There have been four representations in respect of this application. Two representations are from the same respondent, who has an interest in the neighbouring residential property (19 North Church Street). The third and fourth representations are from individual occupiers of the Mazda Building, which houses residential accommodation and is set 25 metres to the south of the application building. These representations express the following:

- There is a significant recent history regarding noise breakout from the premises, which resulted in much disturbance to surrounding local residents and resulted in a residential consent previously granted at 19 North Church Street not being able to be implemented.

- Owing to its features (glass roof, lack of modern acoustic insulation) the property is not at all suited to a bar use with loud music.

- The applicant has not proposed any noise control measures even though there is a dance floor shown on the floor plans.

- Is the inclusion of a dance floor consistent with a restaurant and bar use?

- People smoking outside of the premises and people leaving the premises will cause noise and disturbance.

- The proposal would act against the goals of the Cathedral Quarter Action Plan, in that it would not encourage greater residential use.

- The previous operator has previously used the premises outside of the consented use.

PLANNING ASSESSMENT

Land Use

The site is set within a Business Area as defined by the Sheffield Unitary Development Plan (UDP). Policy IB7: Development in Business Areas states that Food and Drink Uses, which includes Use Class A3 & A4, are acceptable.

Section a) within Policy IB9: Conditions on Development in Business Areas within the UDP sets out several requirements an applicant must satisfy for their proposals to be considered acceptable. This includes that new development or change of use applications should not lead to a concentration of uses which would prejudice the dominance of industry and business in the area.

Given that the established use of the premises is currently as a restaurant and therefore outside of the preferred uses, its use as a restaurant and bar would not further erode the dominance of preferred uses in the area.

11 In respect of the above, the principle of the proposed land use is considered to be in accordance with policies IB7 & IB9.

Amenity Issues

Section b) within Policy IB9: Conditions on Development in Business Areas within the UDP sets out several requirements an applicant must satisfy for their proposals to be considered acceptable. This includes that new development or change of use applications should not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions.

Cathedral Quarter Action Plan (CQAP)

This document was adopted by Cabinet in 2004. A key goal of the CQAP is to restrict the operation of licensed premises to 00.30 within the Cathedral Quarter. This is to achieve two main goals:

1. To encourage the area to become a nucleus for future residential occupation within the city centre, both through new development and the conversion of existing buildings. The control of opening hours for licensed premises would ensure existing and future residents are offered suitable amenity, which includes not being disturbed by late night noise.

2. To ensure that the main hubs of late night time uses are confined to established areas such as West Street and Division Street.

City Centre Living Strategy (CCLS)

The CCLS was approved by Cabinet in 2004 and forms Supplementary Planning Guidance. One of the key goals of this document is to ensure that potential conflict between residential uses and late night venues is managed.

Interim Planning Guidance on Night Time Uses (IPG)

This document was approved by Cabinet in 2005 and identifies two areas of the city centre in which the overall amenity of existing and future residents is so important that it should be protected from undue noise and disturbance after a reasonable time of night. The IPG identifies 00.30am as this reasonable time of night. The application site falls within one such area.

Guideline 2 within the IPG states that leisure and food and drink uses will only be allowed if: a) Conditions for nearby residents and people working in the area will not be harmed by noise breakout, traffic, parking on nearby streets, odours, street noise or general disturbance. b) They are unlikely to lead to anti-social behaviour that would disturb residents, workers or users of the area.

12 It is noted that the previous owners were operating a bar & restaurant from this venue outside of the permitted planning use, which caused serious noise and general disturbance to surrounding residents into the early hours of the morning, including noise breakout. This operator ceased using the premises several months ago and the unit is now in new ownership. It is also noteworthy that no complaints have been received since the new owners began trading.

The building does suffer from poor noise attenuation, and, as a result, noise breakout has led to problems for surrounding residents in the recent past. Should Members be minded to grant this application then a condition will be imposed that will restrict noise breakout from the premises through a noise limiter. The noise levels would be set to the satisfaction of the Council’s Environmental Protection Service and could be revisited should complaints be received.

Aside from noise breakout, the general operations of the unit will create some noise and disturbance to existing and future residents, for example from patrons leaving the premises or smoking outside. However, given the central location, residents must accept a certain reduction in amenity than would be expected within a more suburban setting. With this in mind, the proposed opening hours are in accordance with the relevant policy documents and are considered to offer the correct balance between an acceptable level of existing and future residential amenity and the reasonable operation of the unit.

The premise has been operating as a restaurant for a number of years and has an established extraction system, which is not a cause of concern given the nature of this application.

The proposal is therefore considered to be in accordance with the relevant policy considerations in respect of amenity.

Highways

Section f) within Policy IB9: Conditions on Development in Business Areas within the UDP sets out several requirements an applicant must satisfy for their proposals to be considered acceptable. This includes that new development or change of use applications should be adequately served by transport facilities and provide safe access to the highway network and appropriate off street parking.

Given the city centre location the unit is considered to be well served by a variety of transport modes. Appropriate off street and on street parking is also available in the surrounding area.

The proposal is considered to be in compliance with section f) of policy IB9.

Refuse Storage

The applicant currently uses one of four commercial bins set on highway land within St Peters Close. This arrangement is not considered to be acceptable given the detached nature of this area in relation to the unit and the proximity of these

13 bins to residential windows. As a result the applicant has agreed to create an internal bin store, which also allows for bottle recycling.

RESPONSE TO REPRESENTATIONS

- As a result of the previous operator ceasing trading and new licensing restrictions being placed on the premises, noise breakout is no longer a problem and the neighbouring residential consent has been implemented.

- The inclusion of a small dance floor, such as that shown on the lower ground floor plan, is considered ancillary to a restaurant and bar use. It is noted that should the applicant wish to play amplified music from the premises then strict noise conditions would have to be met, which would require suitable mitigation measures.

SUMMARY AND RECOMMENDATION

The proposal is considered to be acceptable from a land use perspective in accordance with the relevant policies.

The building currently suffers from poor noise attenuation, which has created problems for surrounding residents in the past. Should Members be minded to grant this application a condition will be imposed that will restrict noise breakout from the premises to acceptable levels.

There will inevitably be a degree of disturbance for surrounding residents from patrons leaving the premises or smoking outside. However, this must be expected in such city centre locations, and, as the proposed opening hours are in accordance with the relevant policy documents, the proposal is considered to strike the right balance between residential amenity and the continued operation of this local business.

In light of the above the application is recommended for conditional approval.

Case Number 09/02546/FUL

Application Type A Full Planning Application

Proposal Use of car park as hand car wash - renewal of temporary planning permission 08/04721/CHU

Location 386 Handsworth Road Sheffield S13 9BY

Date Received 10/08/2009

Team CITY CENTRE AND EAST

Applicant/Agent Mr R Mehmood

Recommendation Grant Conditionally

Subject to:

1 The hand car wash operations shall cease on 25 August 2011

To define the period of the approval to allow the Local Planning Authority to ensure that the proposal gives rise to no parking problems in the interests of highway safety and does not affect the amenities of adjoining properties and the locality.

2 The close boarded fence erected on the southern boundary of the site as required by condition 2 of planning approval reference number 08/04721/CHU shall be retained unless otherwise authorised in writing by the Local Planning Authority.

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

3 The existing and amended car parking accommodation within the site shall be retained for the sole purpose intended, namely for us by the restaurant within the curtilage of the site at all times. Outside these times the car hand wash operations shall only take place between 0900 hours and 1700 hours Mondays to Saturdays and 1000 hours and 1600 hours Sundays and Bank Holidays.

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

4 Hand car washing operations shall only take place on the car parking bays directly adjacent to the southern boundary wall of the site.

In the interests of the amenities of the locality.

5 Details of the disposal of surface water drainage and method of prevention of spilling of surface water onto the highway as detailed in discharge of conditions application 09/02406/COND shall be retained unless otherwise authorised in writing by the Local Planning Authority.

In the interests of traffic safety and the amenities of the locality and to prevent pollution of the water environment.

Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres

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

16 Site Location

LOCATION AND PROPOSAL

The site consists of a tarmaced car park, with 16 spaces, serving the Koh-I-Noor Restaurant on Handsworth Road. The car park has two access points which are gated, onto the highway, the boundary treatment being a low wall and railings. Between the access points, on the wide paved area, is a bus stop. To the west of the site is the single storey restaurant building. Boundary treatment to the south consists of a concrete panelled wall with a close boarded fence above, totalling approximately 2 metres in height, with trees and bushes beyond that forming the boundary to allotment gardens. To the east of the site is a shop unit. On the northern side of the dual carriageway of Handsworth Road are three storey flats and further residential development is located at a lower level to the southwest of the site on Bramley Lane.

The car park is used for the purposes of a hand car wash business outside restaurant opening hours. A container is located in the south east corner of the

17 site providing secure storage for plant associated with the car wash. The area for car washing is located closest to the southern boundary of the car park.

The application seeks approval to renew the temporary use of the car park for the car hand wash business as the current temporary approval for the use has lapsed.

RELEVANT PLANNING HISTORY

09/02406/COND: Submission of 08/04721/CHU condition details

08/04721/CHU: Use of car park as hand car wash; approved 06.01.2009.

07/02562/CHU: Use of part of car park as hand car wash; approved 22.08.2007

SUMMARY OF REPRESENTATIONS

Two letters from a local resident and an email from Councillor Mick Rooney have been received objecting to the proposal. Issues raised are;

- As seen from the adjacent bus stop the site is a mess. - If the wind is in the wrong direction spray from the car cleaning can reach people at the bus stop. - Car wash operations are taking place outside approved hours of operation. - Councillor Rooney has advised that such uses are inappropriate for the area and have been the source of regular complaints from local residents and car wash operators are flouting planning conditions.

PLANNING ASSESSMENT

Policy issues

The site falls within a Local Shopping Policy Area (S7) in the Unitary Development Plan. Car valeting generally falls within a B1 Use Class depending on equipment used. B1 uses are acceptable in Shopping Areas subject to them not having an adverse impact on the Area in terms of the viability of the centre or living conditions of local residents. The site already benefits from a temporary approval for use of the restaurant car park for a hand car wash.

Design Issues

Design considerations have been determined in the previous approval and mainly relate to the container located in the south east corner of the site. The use of the container was considered acceptable as it was set in a corner and painted to match the rear concrete wall and was thus not considered to adversely affect the street scene. A close boarded fence was erected, as required by a condition of the previous approval, which is of a colour that matches the existing concrete panelled wall.

18 Amenity Issues

The closest residential accommodation to the site are houses to the south west on Bramley Lane and flats on the opposite side of Handsworth Road separated by the highway which is a dual carriageway. Other non residential uses include a shop to the east and the restaurant building to the west with further shops beyond. Allotment gardens occupy land to the south.

When originally approved the scale of the hand car wash was small i.e. only relating to two spaces in the car park. This level and nature of use was such that it was not considered to give rise to noise and disturbance. However a temporary permission was granted to test highway issues but concerns about noise had arisen from the car wash operations on the site which may have been the result of unauthorised increased area of usage.

Houses affected were on Bramley Lane and the noise nuisance was investigated by the Council’s Environmental Protection Service. Continuation of the noise nuisance was not confirmed by a site visit and it was believed that noisy plant has been replaced.

To ensure that any further noise from the hand car wash did not affect the amenities of local residents on Bramley Lane, a 2 metre high close boarded fence was conditioned in planning approval 08/04721/CHU. This screen fencing was erected above the existing concrete panelled fence to create a 2 metre high noise attenuating barrier. No further complaints have been received by the Environmental Protection Service regarding noise since the last approval.

Highways issues

The originally approved application included only two spaces in the car park for the hand car wash use. At the time of the submission of the original application concern was raised about the use of car parking spaces for a use not related to the restaurant. It was therefore considered that the car parking spaces should only be used for the proposal outside restaurant opening hours, and no plant should remain on site when car wash operations were not taking place. The 2008 application was submitted as the whole of the car park was being used in conjunction with the car wash operations and a container was located on the two spaces originally approved for car washing. The spaces lost by the siting of the container were replaced elsewhere on the site and the total number of spaces available for the restaurant has not changed.

The temporary period of approval was given to enable the impact of the proposal on the highway to be evaluated. Although not required in the original application interceptors were conditioned to prevent a water run off. It has been demonstrated that the car park drops away from the back-edge of the footway preventing water running onto the highway. Some water will be taken off a site on the wheels of cars but this is considered to be minimal and not a highway hazard. No highways issues have resulted from the operation of the car wash since the previous approval.

19 Drainage Issues

A condition of planning approval reference no. 08/04721/ CHU was the provision of surface water drainage details. These have been submitted in the discharge of conditions application 09/02406/COND and details have been submitted of surface water draining into the site’s internal drainage system which is considered acceptable

RESPONSE TO REPRESENTATIONS AND ENFORCEMENT

Not withstanding the issues raised by the objectors no other representations have been received as a result of the consultation process undertaken for this application. The issue of operating outside hours approved is being investigated as an enforcement matter as is any unauthorised signage. To reduce the possibility of passers-by outside the site being sprayed, the area of car washing activities has been restricted, and in response to a condition to screen such activities the applicant has defined an area close to the southern boundary away from the highway.

SUMMARY AND RECOMMENDATION

Taking the above matters into account the continued use of the car wash operation is not considered to adversely affect the viability of the local shopping centre and the amenities of local residents will be protected by the retention of previously approved conditions. Hours of operation will also be retained to ensure that the car park is available during restaurant opening hours. Thus overall the renewal of the hand car wash is considered acceptable and accords with Policy S7 of the Unitary Development Plan.

However due to ongoing concerns about the hand car wash operation on the site it is recommended that the application again be granted temporary permission by the Board to allow ongoing monitoring of the approved use.

Case Number 09/02479/FUL

Application Type A Full Planning Application

Proposal Alterations to building for use as residential institution (Use Class C2)

Location St Andrews House 24 St Andrews Road Sheffield S11 9AL

Date Received 03/08/2009

Team SOUTH

Applicant/Agent DLP Planning 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 car parking accommodation for 5 cars as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

3 Before any work on site is commenced, a comprehensive and detailed hard and soft landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The landscape works shall be implemented prior to the development being brought into use or within an alternative timescale to be first agreed in writing with the Local Planning Authority. Thereafter the landscaped areas shall be retained and shall not be used for any other purpose without the prior consent of the Local Planning Authority. They shall be cultivated and maintained for a period of 5 years from the date of implementation and any plant failures within that five year period shall be replaced.

In the interests of the amenities of the locality.

21 4 The Local Planning Authority shall be notified when the landscape works are completed.

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

5 The development shall not be used unless a level threshold has been provided to the entrance thereto in accordance with details to be submitted to and approved in writing by the Local Planning Authority and thereafter such level threshold shall be retained.

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

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

Windows

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

In order to ensure an appropriate quality of development.

7 Before the development is commenced details of the fascia boards, new front door, colour of render and railings to walls fronting St Andrews Road and Williamson Road shall be submitted to and agreed 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.

8 Before the development is commenced details of the stone cleaning methodology shall be submitted to and agreed in writing by the Local Planning Authority. The cleaning shall be carried out in accordance with the agreed methodology prior to the commencement of the use.

In order to ensure an appropriate quality of development.

9 Prior to the commencement of the use the windows of flats 4 and 8 shown on the approved plans to have mirrored film shall be treated in such manner and retained as such thereafter.

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

10 Before development is commenced, full details of inclusive access and facilities for disabled persons to and within the residents amenity garden shall have been submitted to and approved in writing by the Local Planning

22 Authority. The facilities shall then be provided before the use of the building hereby permitted is commenced, and shall thereafter be retained.

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

Attention is drawn to the following justifications:

H11 - Development in Housing Areas in Nether Edge and Broomhall H14 - Conditions on Development in Housing Areas 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 CS41 - Creating Mixed Communities

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

Attention is drawn to the following directives:

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

23 Site Location

LOCATION AND PROPOSAL

The site comprises a three storey stone villa with a slate, pitched roof featuring a number of gables.

It lies on the corner of St Andrews Road and Williamson Road where there is a stone wall along each of the frontages, with a tarmaced area used for car parking. There is an existing access between stone gate posts at the road junction. There is a garden at the southern side at a lower level containing mature trees.

The application site, 24 St Andrews Road is joined to the more modern office building to the west, 23 Kingfield Road. There is a link between the two to allow both buildings to operate together when they were both in office uses. The application site has been vacant for some time. To the south of the site is established and modern housing, to the east, further housing and a church and to the north a Meeting House.

24 This application proposes to retain the building and change the use from office accommodation to a Residential Institution (Use Class C2). The building would accommodate eight people with learning disabilities over three floors. There would be no external alterations apart from new windows and doors and the removal of an unsightly fire escape. A resident’s garden would be introduced into the existing parking area facing St Andrews Road and railings are proposed on top of the low stone boundary walls. The car park level would be raised to allow level access into the building and there would be parking for five cars, including one disabled space.

REPRESENTATIONS

Two letters have been received from local residents, setting out the following concerns:

- Worried about occupants and safety implications - Security, given that cars are broken into quite frequently in this area - Not enough car parking

PLANNING ASSESSMENT

Land Use Policy

The adopted Unitary Development Plan (UDP) shows that the site is within the Nether Edge Housing Area Policy H11 of the UDP says that Housing is the preferred use but that Residential Institutions (C2) are acceptable.

The site is also within Nether Edge Conservation Area and Policy BE16 of the UDP says that new development should preserve or enhance the character and appearance of the Conservation Area.

The Sheffield Development Framework Core Strategy has been adopted and Policy CS41 deals with Creating Mixed Communities. This encourages housing development to meet a range of housing needs including a mix of prices, sizes, types and tenures. It is considered that the use of the building as a care home would enhance the mix of residential accommodation in the area and fully meets the criteria of this policy.

Layout And External Appearance

Policy H14 of the UDP says that new development should be in scale with neighbouring development, and should not result in a serious loss of garden space that would harm the character of the area.

With respect to scale, this would not change as the building would remain unaltered apart from some refurbishment. The existing garden area, which lies between the application site and the offices to the west would be retained and is included within the application. There would be limited access to this by residents as an additional garden space fronting St Andrews Road would be created for exclusive use by residents. This garden would be on the site of the southern part

25 of the existing car park and the remaining hard surface would provide access to the site and car parking.

The exterior would be refurbished by cleaning the stonework and replacing or re painting windows, doors and fascia boards.

The ground and first floors would be used for four bedrooms, living/dining and an office, on each floor. The second floor would be used for staff training, staff room, office and a store.

The scale and layout of the proposal is acceptable.

Impact On The Amenities Of Existing And Future Residents

Policy H14 says that the residents should not be deprived of privacy, light or security. Policy H8, which deals with Housing for People in Need of Care – says that new, supportive accommodation should be within easy reach of a shopping centre and public transport. In this instance, the proposal is close to Sharrow Lane and Ecclesall Road and there are shops and good bus services there. There are also good bus links in the immediate area.

With respect to privacy, there are a number of issues. There is a bedroom on the first floor that overlooks the parking area at the front of the Meeting House to the north. However, this bedroom is set back from the boundary and partly screened by trees. Also, there is no overlooking of the building next door, so this relationship is considered to be acceptable.

Of more concern is the relationship of bedrooms numbered 4 and 8 on the ground and first floor that directly face the offices at the rear. The distance between the facing windows is 13.5 metres which does not compare favourably with the minimum distance of 21 metres required between houses to ensure privacy. The applicant proposes to use mirrored window film for the windows of flats 4 and 8 that allow the occupant to see out but not let people look in. This would resolve this situation.

The existing ground floor link between the application site and the offices to the west would be blocked and the door at first floor level leading onto the flat roof of the offices is a fire escape door.

All other bedroom windows face onto the adjoining roads and there would be no privacy issues here.

The impact of this scheme on existing and future residents would be acceptable and complies with appropriate policy criteria.

Impact On The Conservation Area

Policy BE15 – Areas and Buildings of Special Architectural or Historical Interest – does not allow development that would harm the character or appearance of a Conservation Area. Policy BE16 – Development in Conservation Areas – says that

26 the character of the Area should be preserved or enhanced Policy BE17 – Design and Materials in Areas of Special Character or Historic Interest – seeks to enhance or preserve the character of a Conservation Area through selection of appropriate materials.

24 St Andrews Road is beginning to fall into disrepair because wooden windows and doors are rotting and the stonewash requires repair and cleaning. As part of this proposal, the stone would be repaired and cleaned and windows and doors replaced. It is proposed to replace existing wooden sash windows on the prominent elevations facing St Andrews Road and Williamson Road with new wooden windows. Those facing adjoining development would be of UPVC, which is acceptable. The fascia boards would also be repaired and pointed.

The proposal would benefit and enhance the appearance of the Conservation Area, in compliance with the appropriate policy criteria. The external appearance would be improved and a long term future for the building secured which is falling into disrepair.

Landscaping

A new garden is proposed and the details of this would be controlled by conditions. Railings are proposed on top of the low stone wall fronting the roads and also around the new garden. The details of this would also be controlled by a condition as the current example is too ornate. A simple design would be preferred.

Transport, Parking and Highways

The site is close to a number of bus routes and a District Shopping Centre lies within walking distance of the site. The existing access into the site is very close to the junction of St Andrews Road and Williamson Road, which is not an ideal situation. However, there would only be a very limited number of vehicle movements associated with the proposal and, given existing traffic flows, the retention of this access is acceptable.

Five parking spaces are proposed, one of which would be for disabled use. There would be no cars for the residents and there would be a maximum of four care staff on duty at any one time. It is expected that there would only be four to six additional visitors each week.

It is considered that the parking provision can be catered for by the proposed allocation and that the parking, access and transport details are acceptable. It is noted that a recommencement of the office use would probably result in more cars being used.

Disabled Access

A level access is to be provided at the entrance and a disabled parking space is included. The interior would be adapted to meet current disabled standards for facilities such as that proposed.

27 RESPONSE TO REPRESENTATIONS

The building would be occupied by people who require supported living. There would be no high security or risk implications. It is not considered that the proposal would impact on crime in the area. Indeed, occupation of this building would improve surveillance. It is considered that there is enough parking provided.

SUMMARY AND RECOMMENDATION

24 St Andrew Road is a vacant, three storey stone villa last used for office purposes.

It stands, within the Nether Edge Conservation Area at a prominent corner location and is beginning to fall into disrepair.

It is proposed to use the building as a Residential Institution for eight people who require supported living. The exterior of the building will be improved, enhancing the Conservation Area, there would be no impact on the amenities of existing residents and parking and access arrangements are suitable.

The proposal is acceptable in line with policy criteria and is recommended for conditional approval.

Case Number 09/02426/FUL

Application Type A Full Planning Application

Proposal Use of shop as Hot Food Take-Away (Class A5) and erection of flue to rear

Location Wincobank Glass & Glazing Co 46 Sandstone Road Sheffield S9 1AG

Date Received 28/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Mr R Newton

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 use of the ground floor of the building shall be in accordance with Class A5 of the Town and Country Planning (Uses classes) Order, 1987.

In the interests of the amenities of the locality.

3 The ground floor of the building 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.

4 The building shall not be used for the above mentioned purpose unless a suitable receptacle for the disposal of litter has been provided in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

5 The fume extraction unit herby approved shall project 1 metre above the eaves of the building unless otherwise agreed in writing with the Local Planning Authority.

In the interests of the amenities of the locality.

6 Prior to the commencement of development details of the proposed fume extraction system which forms part of a scheme to protect the occupiers of adjacent dwellings from odour, shall have been shall be submitted to approved in writing by the Local Planning Authority. These details shall include:-

(i) the type of filters to be installed to remove odours, particulates and droplets, (ii) fan sound attenuation measures (iii) Details of the type of low resistance cowl to be installed.

Thereafter the approved details shall implemented and retained in accordance with the details submitted to and approved in writing by the Local Planning Authority.

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

7 Prior to the commencement of development details of a bin storage area to include screening and enclosures shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the bin storage area shall be provided and retained.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

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.

30 Attention is drawn to the following directives:

Site Location

LOCATION AND PROPOSAL

The application site comprises of an end terrace property, which forms part of a small parade of four shops on the western side of Sandstone Road at the junction with Sandstone Avenue. The ground floor of the existing unit is currently used by

31 Wincobank Glass and Glazing for general storage purposes and the assembly of window units. It is proposed to use the ground floor unit as a hot food takeaway (Use Class A5).

The applicant also proposes a largely internal flue, which will only be partly visible from the rear elevation of the property, with a termination point just below the ridge of the roof. No other external alterations are proposed.

The site is in an allocated Local Shopping Area as defined in the adopted Sheffield Unitary Development Plan. The shopping area comprises of four units. Two of the units are occupied by a convenience store (Use Class A1) and a hair salon (Use Class A1), with the remaining units comprising of the application site and an empty unit previously used for the sale of cards and craft products (Use Class A1).

The wider locality comprises of residential properties with the exception of the Forum Public House which is located to the east on the opposite side of Sandstone Road.

RELEVANT PLANNING HISTORY

84/01040/FUL – workshop and Glass Store – Granted Conditionally.

92/00749/FUL – Use of building as workshop for the assembly of double glazing units and use of garage as a store – Granted Conditionally.

SUMMARY OF REPRESENTATIONS

19 letters of representation have been received and a petition signed by 178 local residents, the issues raised are summarised as follows; - Increased antisocial behaviour and number of youth which hang around the shops. - Increase traffic in close proximity to the bus terminus, where there are already parking restrictions and speed humps. - Detrimentally affect highway safety. - Increased noise and pollution due to increased traffic. - Increase noise and disturbance, the public house is already a problem. - Increase in litter, odours and potential to attract vermin and foxes into the area - Alternative uses should be considered including an information centre and fresh fruit and vegetable shop. - There are numerous hot food takeaways in the vicinity all of which offer delivery services. - Detrimentally affect property prices. - Property covenants restrict the unit from being used as a hot food takeaway.

PLANNING ASSESSMENT

Land Use and Dominance

32 The site is located in a Local Shopping Area as defined in the UDP. Policy S7: Development in District and Local Shopping Centres identifies retail uses (Use Class A1) as preferred uses and hot food uses (Use Class A3/A5) as acceptable within the policy area

The principle of accepting A5 uses however must be considered in light of Policy S10: Conditions on Development in Shopping Areas, which seeks to ensure that proposed changes of use would not prejudice the dominance of preferred uses in the shopping area. Dominance is defined at appendix 1 of the UDP as ‘a level of development sufficient to help secure an adequate supply of preferred use (or uses) for the city wide needs in appropriate locations and to establish or maintain the distinctive character and role of the area. This will usually mean that non preferred uses do not occupy more than half of the area.’ Currently of the 4 units available within the local shopping area, non retail uses occupy 1 (25%) of the units (the application site), 3 units (75%) including 1 currently unoccupied unit are in preferred (Use Class A1) retail use. The dominance of preferred uses in the shopping area is therefore unaffected by the proposed change of use.

Design

Policy S10 (c): Conditions on Development in Shopping Areas, seeks to ensure that new developments are well designed and of a scale and nature appropriate to the site.

The only external alteration to the building involves the erection of a flue. The flue is well integrated with the building and due to its position projecting through the rear roof slope of the building it will not appear prominent or obtrusive. Therefore the proposed alterations are not considered to detrimentally affect the appearance of the building or visual amenities of the locality in compliance with policy S10.

Highways

Policy S10 (f): Conditions on Development in Shopping Areas, states that new developments or change of use applications will only be acceptable if they are adequately served by transport facilities, provide safe access to the highway network, appropriate off-street parking and not endanger pedestrians.

The site adjoins a bus stop and terminus and therefore is well served by public transport. Given the nature and location of the site, it is considered that customers will largely arrive on foot from the surrounding residential areas, as the use is unlikely to attract large volumes of vehicles or draw passing trade as it is not located on a through route or major road. There is ample off street parking in the area to the front of the parade of shops and on the opposite side of the road, where there area visitor parking bays outside of the public house. Parking for staff can be accommodated off street. Therefore given the proposed change of use is not considered to be a significant trip generator in its own right, drawing a majority of its trade from the local area, the proposal is therefore not considered to detrimentally affect highway safety and therefore complies with policy S10(f).

33 Amenity Issues

Policy S10 (b): Conditions on Development in Shopping Areas, states that new developments or change of use applications will only be acceptable if they do not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions, including air pollution & noise.

The termination point for the flue is set slightly below the ridge of the main building, which is considered to be the optimum position to ensure any odour issues are kept to a minimum. It is also above the line of the first floor windows to the rear elevation such that it would not be detrimental to the amenity if any adjoining residents by virtue of odour.

There is potential for customers using the premises, particularly in the late evening, to create some noise disturbance, when entering and exiting the premises. The locality is predominantly residential in character however the Forum public house opposite the site is an established late night use and the parade of shops is physically separated from dwellings to the west by rising topography, the south and north by intervening land uses and to the east by the public highway. As indicated previously the site is also in an allocated Local Shopping Area, where commercial uses are considered in principle acceptable.

It is considered that the addition of a hot food takeaway that would predominantly serve the local community is not considered to attract a significant number of late night customers to the area that would detrimentally affect the amenities of residents. However, the properties opening hours will be controlled through planning condition to operate between 0800 and 2200 hours throughout the week to minimise any perceived late evening noise disturbance.

The proposal is considered to in comply with Policy S10 (b)

Refuse and Litter

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

There is room to store commercial bins associated to the side of the property without detriment to the appearance of the building or visual amenities of the locality.

RESPONSE TO REPRESENTATIONS

Concerns regarding traffic safety and highways concerns have been addressed in the main body of the report. In terms of alternative uses of the building as a fruit and vegetable shop or information centre, it is at the applicant discretion to consider if these are viable commercial proposals.

Restrictions on hours of use are considered to mitigate any noise and disturbance associated with the use. There is no evidence to suggest that the proposed use would cause antisocial behaviour. The proposals have been discussed with the

34 Police Architectural Liaison Officer who has confirmed following conversations with area based police officers that the proposed use is unlikely to increase anti social behaviour in the area. With regard to impact on property prices and property covenants preventing certain types of uses from occupying the application site, these are not planning matters.

All other issues are covered in the planning assessment.

SUMMARY AND RECOMMENDATION

Following an assessment of uses within the Local Shopping Area, the use of this unit as a hot food takeaway (A5) would not threaten the overall dominance of Retail (A1).

Given the nature and location of the site, it is considered that the use will serve the local community and customers will largely arrive on foot from the surrounding residential areas. The use is unlikely to attract large volumes of vehicles or draw passing trade as it is not located on a through route or major road.

The property is adequately separated from adjoining properties and the proposed hours of use will be controlled between 0800 and 2200 seven days a week, to ensure that potential for disturbance is minimised.

The extraction flue will terminate at an acceptable point to ensure any odour issues are suitably negated.

It is therefore recommended that planning permission is granted conditionally.

Case Number 09/02330/FUL

Application Type A Full Planning Application

Proposal Use of first-floor as additional seating area for restaurant, opening up of first-floor window and provision of new shop front

Location Imran's Southern Fried Chicken 60 - 62 Wicker Sheffield S3 8JD

Date Received 27/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent G9 Design

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 first floor of the building shall only be used for the above-mentioned purpose between 1100 hours and 0400 hours the following day on Sundays to Thursdays, and between 1100 hours and 0500 hours the following day on Fridays and Saturdays.

In order to ensure an appropriate quality of development.

3 The proposed shopfront shall be finished in black to match the existing framing system at ground floor level and shall thereafter be retained.

To ensure an appropriate quality of development.

4 The proposed new window at first floor level shall match the appearance, proportion and material of the existing windows at first floor level.

To ensure an appropriate quality of development.

5 No waste storage containers shall be stored on the Wicker frontage other than on the day of waste collection.

36 In the interests of the amenities of the locality.

6 The restaurant/hot food takeaway shall not be used unless manifestation to the windows and glazed doors, which shall include two bands in a colour which is distinguishable from both sides of the glass, has been carried out and thereafter retained.

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

Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Core S10 - Conditions on Development in Shopping Areas BE5 - Building Design and Siting

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

Attention is drawn to the following directives:

1. The applicant is advised that, as a result of the implementation of this planning permission, should it be necessary to increase the number of waste storage containers, such containers should be stored within the application site.

37 Site Location

LOCATION AND PROPOSAL

The application site lies within the Central Shopping Area, as defined in the Unitary Development Plan. The site relates to two end units, which are within a parade of shops of a three-storey block. The site has two frontages, one fronting onto the Wicker and the other fronting onto Willey Street. The ground floor is currently in use as a fast food restaurant with takeaway facility – Imran’s, Southern Fried Chicken. To the rear is a yard which is used for servicing and bin storage.

Immediately adjacent, to the north are 3 further units, which includes No. 64, ‘Manu Salwa’ restaurant which has a flat at 2nd floor level, and above the commercial premises of nos. 66 and 68, are residential flats at first floor level. Opposite the site, to the west, is a parade of shop units. To the south is another ground floor restaurant with take-away facility (Abdul’s Kebabish) and the Sadacca Centre. To the east, is an area of vacant land, beyond which is Blonk Street car park and adjacent to that is a new residential scheme towards the south-east.

38 Planning permission is sought to use the first floor as an additional seating area for the existing restaurant to provide 65 covers and also proposes alterations to the ground floor shop front to increase the glazing and opening up of a first floor window.

RELEVANT PLANNING HISTORY

09/02397/FUL - Application to extend opening hours to 1100 hours - 0400 hours Sunday to Thursday and 1100 hours - 0500 Friday and Saturday (Application under Section 73 to vary condition 5 - Hours of Use of Application No. 08/00883/FUL) – Pending consideration at this Planning Area Board meeting.

08/00883/FUL - Application to alter the hours of use of the hot food takeaway to between 1100 hours and 0500 hours the following day 7 days a week (Application under section 73 to vary condition No. 5 imposed by 99/0968P) – Granted Conditionally - 28th April 2008.

07/00631/FUL – Alterations to part of building to form two self-contained flats and two shared living accommodation – Refused – 29th November 2007.

06/04602/FUL – Erection of a rear store and bin store – Granted Conditionally – 5th April 2007.

06/00490/FUL – Erection of a detached external toilet – Granted Conditionally – 29th March 2006.

99/01509/FUL (previously numbered 99/0968P) – Use of shop as restaurant and for the sale of take-away hot food (as amended 17.11.1999) – Granted Conditionally – 29th November 1999.

SUMMARY OF REPRESENTATIONS

Two letters of objection have been received from nos. 64 and 68 Wicker. The issues raised include: -

- noise and disturbance into early hours; - litter; - unsavoury activities taking place; - anti-social behaviour; and - comments relating to there being sufficient seating at ground floor, questions need for new shop front, and recommends observation of premises.

PLANNING ASSESSMENT

Land Use Policy

The application site lies within the Central Shopping Area, as defined in the Unitary Development Plan and as such Policies S3 and S10 would apply.

39 UDP Policy S3 identifies shops (Class A1) as the preferred use but does permit other uses, such as food and drink outlets (Class A3 – restaurants and cafes and Class A5 – hot food takeaways). The use of the ground floor of the premises as a hot food takeaway has already been established, given that it has been in operation for a number of years and does benefit from planning permission (ref no. 99/01509/FUL, formerly 99/0968P).

This application seeks to change the use of the existing vacant first floor, to form additional seating to serve the ground floor restaurant and thus represents a change of use to A3. UDP Policy S10 (a) states that a change of use would only be permitted where it would not lead to a concentration of uses which would prejudice the dominance of preferred uses in the Area or its principal role as a Shopping Centre. There are a variety of uses within the Shopping Centre and since the existing ground floor use has already been established, an extension of that use onto the first floor would not undermine the character of the Shopping Area, such that the vitality and viability of the Area would be compromised.

Design Issues

As the proposed development involves alterations to the shop front, UDP Policy S10 would be relevant. Policy S10 (d) states that the proposal should be well designed and of a scale and nature appropriate to the site; and (e) comply with Policies for the Built and Green Environment as appropriate. Given the above, UDP Policy BE5 would be applicable in this instance. Policy BE5, which relates to building design and siting, sets out the principles for good design and encourages the use of good quality materials. BE5 (a) states that the original architecture should be encouraged, and in BE5 (c) it states that development should respect the scale, form, detail and materials of the original building.

The extent of the proposed alterations to the shop front is minimal. The existing display windows along both elevations would be removed and larger openings would be formed, by lowering the existing stallriser. Large vertically orientated windows (as previously) would be installed, thus creating a more open and interesting frontage. The design of the frontages are considered acceptable in terms of the position, materials and detail and would complement the existing built form. Other alterations include the opening up of an existing first floor window, which is currently bricked up. This is particularly welcomed as the window is on the splay elevation fronting onto the Wicker and is highly visible. Such works would improve the appearance of the building and the general street scene.

The entrance into the building already benefits from a level threshold and there are disabled wc facilities available at ground floor level. Since no alterations are proposed to neither the entrance doorway nor the existing wc arrangements, such provision would remain in-situ.

Effect on Residential Amenity

As the proposal involves a change of use, UDP Policy S10 would apply. Of particular relevance is section (b) which states that residents or visitors in any hotel, hostel, residential institution or housing should not suffer from unacceptable

40 living conditions, including air pollution, noise, other nuisance or risk to health or safety.

As the site is located within the City Centre and relates to a late night use, it is likely to affect the living conditions of residents within the area, and as such the adopted City Centre Living Strategy (CCLS), which was adopted in October 2004 would be relevant in this instance. The document recognises that cafes, pubs, bars and restaurants can enliven town centres and support the evening economy but can also have an impact on the centre in terms of anti-social activities and causing a nuisance to nearby residents. It is for this reason that two areas have been identified where time limits of no later than 0030 hours have been imposed, which include the Heart of the City/Cathedral and the Broomspring Area of the Devonshire Quarter. The site does not fall within either of these areas and as such, the application should be determined on it’s own merits.

The extension of the ground floor use of the premises as a restaurant onto the first floor would not raise any serious residential amenity concerns. It is not considered that the noise and activity level from the premises would be exacerbated by the use of the first floor for the same purpose. Increasing the seating capacity within the premises may encourage customers to stay within the building, potentially avoiding loitering outside the premises. Some degree of noise and disturbance will already be experienced given the use of the premises. However, the upper floor of this property is not in use as a residential flat and it is considered that residents above shop units opposite the site, to the west, are a sufficient distance away as are the existing and future residents of the new residential development, located to the south-east. The nearest residents, who may be affected by the proposal, would be those occupying the upper floors of nos. 66 and 68 Wicker and the future occupant of Flat 1, which is located on the 2nd floor of no. 64 Wicker. It is not considered that the residents of nos. 66 and 68 would be unduly affected, given that they would not be immediately adjacent to the site and do occupy upper floors. It should also be noted that residents are already subjected to some degree of noise by virtue of their location, fronting onto a main arterial road where there is substantial traffic noise, and within a Shopping Area, where some level of noise and activity, both during the day and evening would be expected.

In respect of Flat 1 at no. 64 Wicker, this is located on the 2nd floor above an existing restaurant (Manu Salwa), which is licensed to open Sundays to Thursdays until 4am, and Fridays and Saturdays up to 5am. The occupant of Flat 1 is also the same tenant as that restaurant. In light of the above and the fact that the flat is well elevated, with a degree of separation existing between the flat and the restaurant/take-away at no. 60-62, it is not considered that the resident of that flat would be subjected to significant noise and disturbance such that they would be adversely affected, and a refusal be justified.

The Environmental Protection Service have no objections to the proposal and have received no complaints following the temporary consent for the extension of opening hours (ref no. 08/00883/FUL).

Following consultation with the Police Architectural Liaison Officer, there have been a number of incidents reported from the existing premises. It is not

41 considered that there have been a significant number of incidents which suggests that the use of the premises is problematic compared with other similar late night uses within the city centre. With this borne in mind, it is not considered that additional seating within the building would cause demonstrable harm such that a refusal would be justified.

Bin Storage

There is sufficient space within the rear yard to provide any additional bins that may be required.

Flood Risk Issues

Planning Policy Statement 25 (PPS25), which sets out the Government’s policy on flood risk management, is a material consideration when determining planning applications. The site lies within Flood Zone 3a, where there is a high probability of flooding. The proposal relates to a change of use of a first floor to form additional seating in connection with the existing ground floor restaurant/hot food takeaway business which represents a change of use to an A3 Use Classification (restaurant). In accordance with advice taken from the Environment Agency, the proposed use is defined as a ‘Less Vulnerable Use’ and therefore does not require an Exception Test or a Flood Risk Assessment to be submitted.

In light of the above, and given the fact that the ground floor has been operating as a restaurant and hot food take-way for a number of years, which pre-dates the current Flood Advice, the proposal is considered acceptable and does not require any further consideration.

Highway Issues

The site is located within the Wicker Shopping Area, where it is well served by public transport, hence the proposal does not raise any Highway implications. Response to Representations

Any nuisance behaviour would be dealt with by other Environmental Protection legislation and criminal activities would be addressed via the Police Authority.

In respect of the litter situation, it is anticipated that the installation of a litter bin positioned at the front of the premises, would alleviate the problem. A condition would be imposed.

SUMMARY AND RECOMMENDATION

The site is located within the Central Shopping Area and the existing use as a hot food take-away (Class A5) is well established; thus an extension of that with restaurant use on to the first floor would not be contrary to UDP Policy S3.

It is acknowledged that there are existing residents occupying upper floors of neighbouring properties (in particular, Nos. 64, 66 and 68 Wicker), but it is not considered that the proposed extension of use on to the first floor would have a

42 detrimental impact and residents would be adversely affected. The residents are sufficiently distanced away and are currently subjected to some degree of noise and activity by virtue of their location within a busy commercial frontage, within the Shopping Centre, and on this basis, the application is considered to accord with Policy S10.

The design of the shop-front is considered acceptable in accordance with Policy BE5 of the UDP and the re-instatement of the first floor window is welcomed.

Subject to the imposition of conditions, the proposed development is therefore considered acceptable and recommended for approval.

Case Number 09/02397/FUL

Application Type A Full Planning Application

Proposal Application to extend opening hours to 1100 hours - 0400 hours Sundays to Thursdays and 1100 hours - 0500 hours Fridays and Saturdays (Application under Section 73 to vary condition 5 - Hours of Use of original application No. 99/0968P, and subsequently varied on application no. 08/00883/FUL (amended description)

Location Imran's Southern Fried Chicken 60 - 62 Wicker Sheffield S3 8JD

Date Received 24/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Andrew Chetwynd

Recommendation Grant Conditionally

Subject to:

5 The ground floor use of the building shall be used as a restaurant/hot food take-away only between 1100 hours and 0400 hours on Sundays to Thursdays and between 1100 hours and 0500 hours Fridays and Saturdays.

Attention is drawn to the following directives:

1. The applicant is advised to note that Condition 5 above replaces condition 5 of 99/0968P and the remaining conditions remain in force.

44 Site Location

INTRODUCTION

Members may recall an earlier application on this site (08/0883/FUL) for an extension of opening hours for the existing restaurant/hot food take-way to between 1100 hours and 0500 hours the following day on any day. This was granted conditionally in April 2008 for a temporary period of one year, expiring on 28th April 2009. Thereafter the hours of opening were restricted to between 0900 hours and 0100 hours the following day.

It became apparent that notwithstanding the expiry of the temporary permission above, the premises continued to open for business beyond 0100 hours and as such, a letter from Planning Enforcement was issued in June of this year, hence the submission of this planning application.

45 LOCATION AND PROPOSAL

The application site lies within the Central Shopping Centre, as defined in the Unitary Development Plan. The site relates to two end units, which are within a parade of shops of a three-storey block at the junction of Wicker and Willey Street. The site has two frontages, one fronting onto the Wicker and the other fronting onto Willey Street. The ground floor is currently in use as a fast food restaurant with takeaway facility – Imran’s, Southern Fried Chicken. To the rear is a yard which is used for servicing and bin storage.

Immediately adjacent, to the north are 3 further units, which includes no. 64, ‘ Manu Salwa’ restaurant which has a flat at 2nd floor level, and above the commercial premises of nos. 66 and 68, are residential flats at first floor level. Opposite the site, to the west, is a parade of shop units. To the south is another ground floor restaurant with take-away facility (Abdul’s Kebabish) and the Sadacca Centre. To the east, is an area of vacant land, beyond of which is Blonk Street car park and adjacent to that is a new residential scheme towards the south-east.

Planning permission is sought to extend the opening hours from 1100 hours to 0400 hours, Sundays to Thursdays and 1100 hours to 0500 hours, Fridays and Saturdays (Application under Section 73 to vary condition 5 – hours of use of application no. 99/0968P).

RELEVANT PLANNING HISTORY

09/02330/FUL – Use of first floor as additional seating area or restaurant, opening up of first floor window and provision of new shop front – Pending consideration at this Planning Area Board Meeting.

07/00631/FUL – Alterations to part of building to form two self-contained flats and two shared living accommodation – Refused – 29th November 2007.

06/04602/FUL – Erection of a rear store and bin store – Granted Conditionally – 5th April 2007.

06/00490/FUL – Erection of a detached external toilet – Granted Conditionally – 29th March 2006.

99/01509/FUL (previously numbered 99/0968P) – Use of shop as restaurant and for the sale of take-away hot food (as amended 17.11.1999) – Granted Conditionally – 29th November 1999.

SUMMARY OF REPRESENTATIONS

46 Two letters of objection have been received from Flat 1 of no. 64 Wicker and 66 Wicker. The issues raised include: -

- noise and disturbance into early hours; - litter; - encourage unsavoury activities into early hours; - anti-social behaviour; and - comments relating to the Council’s approach to planning applications.

PLANNING ASSESSMENT

Land Use Policy

The application site lies within the Central Shopping Area, as defined in the Unitary Development Plan and as such Policies S3 and S10 apply to the assessment of this proposal.

UDP Policy S3 identifies shops (Class A1) as the preferred use but does permit other uses, such as food and drink outlets (Class A3 – restaurants and cafes and Class A5 – hot food takeaways). The use of the ground floor of the premises as a hot food takeaway has already been established, given that it has been in operation for a number of years and does benefit from planning permission (ref no. 99/01509/FUL, formerly 99/0968P).

The proposal involves a variance of Condition 5 of the original planning permission, to extend the hours of opening; thereby there is no material change in the use of the premises, and the proposal is acceptable in terms of Policy S3.

Effect on Residential Amenity

Since the proposal seeks a permanent extended hours of opening, UDP Policy S10 would apply. Of particular relevance, is section (b) which states that residents or visitors in any hotel, hostel, residential institution or housing should not suffer from unacceptable living conditions, including air pollution, noise, other nuisance or risk to health or safety.

As the site is located within the City Centre and relates to a late night use, it is likely to affect the living conditions of residents within the area, and as such the adopted City Centre Living Strategy (CCLS), which was adopted in October 2004 would be relevant in this instance. The CCLS specifically refers, in Guideline 10, to residential amenity of residents in relation to extension of hours to A3 (now A3, A4 and A5) hours and states that new developments involving pubs, bars and restaurants it is appropriate to set closing times to prevent undue disturbance. The document recognises that cafes, pubs, bars and restaurants can enliven town centres and support the evening economy but can also have an impact on the centre in terms of anti-social activities and causing a nuisance to nearby residents. It is for this reason that two areas have been identified where time limits of no later than 0030 hours have been imposed, which include the Heart of the City/Cathedral and the Broomspring Area of the Devonshire Quarter. The site does not fall within

47 either of these areas and as such, the application should be determined on it’s own merits.

The original planning permission (ref no. 99/0968P) did not allow the building to be used between the 0100 hours and 0900 hours on any day. Planning permission was subsequently granted (ref no. 08/00883/FUL) for extended hours of opening to between1100 hours and 0500 the following day, 7 days a week, for a period of 12 months.

This application seeks to vary the condition of the original planning approval (99./0968P). The proposed hours of opening are 1100 hours - 0400 hours Sunday to Thursday and 1100 hours - 0500 Friday and Saturday.

This would inevitably lead to further noise and activity taking place later into the morning. However, upper floors of the applicants’ property are not in residential use and it is considered that residents above shop units opposite the site, to the west, are a sufficient distance away as are the existing and future residents of the new residential development, located to the south-east. The nearest residents, who may be affected by the proposal, would be those occupying the upper floors of nos. 66 and 68 Wicker and the future occupant of Flat 1, which is located on the 2nd floor of no. 64 Wicker. It is not considered that the residents of nos. 66 and 68 would be unduly affected, given that they would not be immediately adjacent to the site and do occupy upper floors. It should also be noted that these residents are already subjected to some noise by virtue of the location, fronting onto a main arterial road where there is substantial traffic noise, and within a Shopping Area, where some level of noise and activity, both during the day and evening would be expected.

The Environmental Protection Service have no objections to the proposal and have received no complaints following the temporary consent for the extension of opening hours (ref no. 08/00883/FUL).

Following consultation with the Police Architectural Liaison Officer, there have been a number of incidents reported from the existing premises. It is not considered that there have been a significant number of incidents which suggests that the use of the premises is problematic compared with other similar late night uses within the city centre. With this borne in mind, it is not considered that the extension of hours would cause demonstrable harm such that a refusal would be justified.

48 Response to Representations

Any nuisance behaviour would be dealt with by other Environmental Protection legislation and criminal activities would be addressed via the Police Authority.

In respect of the litter situation, it is anticipated that the installation of a litter bin positioned at the front of the premises, would alleviate the problem. A condition would be imposed.

SUMMARY AND RECOMMENDATION

The site is located within the Central Shopping Centre and the existing use as a hot food take-away (Class A5) is well established and thus complies with UDP Policy S3.

It is acknowledged that there are existing residents occupying upper floors of neighbouring properties (in particular, nos. 64, 66 and 68 Wicker), but it is not considered that the proposed permanent extension of opening hours would have a detrimental impact and residents would be adversely affected. The residents are sufficiently distanced away and are currently subjected to some degree of noise and activity by virtue of their location within a busy commercial frontage, within the shopping centre, and on this basis, the application is considered to accord with Policy S10.

The application to vary condition 5 of planning permission 09/0968P, to permanently extend the opening hours is therefore recommended for approval.

Case Number 09/02387/FUL

Application Type A Full Planning Application

Proposal Application under Section 73 to vary conditions imposed by 09/00721/FUL to allow for Building 2 to be to be built in two phases (In accordance with plan relating to Elevation B of Phase 2a received 02/09/09)

Location Site At 66, 68 And 70 Upper Allen Street (Site Of Former 70 Upper Allen Street) Sheffield S3 7GW

Date Received 24/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Coda Studios Ltd

Recommendation GRA GC subject to Legal Agreement

Subject to:

5 Unless otherwise agreed in writing by the Local Planning Authority the undercroft parking area within Phase 2b shall not be used unless 2.0 metres x 2.0 metres vehicle/pedestrian intervisibility splays have been provided on both sides of the means of access such that there is no obstruction to visibility greater than 600 mm above the level of the adjacent footway and such splays shall thereafter be retained.

In the interests of the safety of road users.

10 Phase 2a, 2b & 3 respectively of the development shall not be occupied until a scheme (as detailed below) to promote a car club, which should relate to that phase, as part of the development has been carried out:

The Car Club scheme shall include:

1) The provision of incentives to ensure all eligible site users are encouraged to become members of the car club scheme.

2) Arrangements to ensure ongoing marketing of the benefits of car club to site users.

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

50 11 A minimum of five parking spaces serving Phases 2b and 3 of the development shall be mobility compliant.

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

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

(a) Windows (including heads, cills & jambs) (all phases). (b) Window reveals (which should be at least 75mm) (all phases). (c) Entrance gates and surrounds (frames) to the car parking areas. (d) All screens, vents (Phase 2a, 2b & 3). (e) Doors (all phases). (f) Eaves and parapets (all phases). (g) Rainwater gutters, downpipes and external plumbing (all phases). (h) Balustrade details. (i) Render colour. (j) Screening to exposed lift cores.

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

In order to ensure an appropriate quality of development.

19 Before the installation of any balcony/balustrade within Phases 2a, 2b & 3 of the development respectively a typical sample section of the corresponding balcony/balustrade shall first have been submitted to and approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

29 The proposed green roof (vegetated roof system) within Phase 2a shall be provided on the roof(s) in the locations shown on the approved plans prior to first occupation. Full details of the green roof construction and specification, together with a maintenance schedule shall be submitted to and approved in writing by the Local Planning Authority prior to works commencing on site, and, unless otherwise agreed in writing, shall include a substrate based growing medium of 80mm minimum depth incorporating 15-25% compost or other organic material. Herbaceous plants shall be employed and the plants shall be maintained for a period of 5 years from the date of implementation and any failures within that period shall be replaced.

In the interests of biodiversity.

31 Phases 2a, 2b & 3 of the development respectively shall not be occupied unless a validation report, prepared by an accredited expert in the relevant field, has been submitted to and approved in writing by the Local Planning

51 Authority showing that the corresponding phase has achieved Code for Sustainable Homes Level 3.

The measures incorporated to achieve this rating shall thereafter remain in place and operational for the lifetime of the development.

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

43 Development of Phase 2a, 2b & 3 respectively shall not commence until details of the proposed means of disposal of foul and surface water drainage for that phase, including details of any balancing works and off-site works, have been submitted to and approved in writing by the Local Planning Authority.

To ensure that the development can be properly drained.

44 Unless otherwise approved in writing by the Local Planning Authority, there shall be no piped discharge of surface water from Phase 2a, 2b & 3 of the development respectively prior to the completion of the approved surface water drainage works and Phase 2a, 2b & 3 respectively shall not be occupied or brought into use prior to completion of the approved foul drainage works.

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

47 Notwithstanding the hereby approved plans, the entrance gates to the car park within Phase 2b are not approved and within 3 months of development of Phase 2b commencing revised details of these gates shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with these details thereafter.

In order to ensure an appropriate quality of development.

Attention is drawn to the following directives:

1. The applicant is advised that the above conditions have been revised from planning application 09/00721/FUL, issued on 9 June 2009, in order to reflect the new phasing plan for the development. All other conditions and directives relating to 09/00721/FUL remain in force.

52 Site Location

PROPOSAL

Full planning permission was originally granted for 102 private residential apartments and a small café/bar unit in 2007 (07/02936/FUL). This application was split into three distinct elements, two new build blocks and the refurbishment of the retained Ashtons building, which included the erection of an additional storey. The refurbishment element of the scheme has now been completed on site, whilst the development of the two new build blocks has yet to commence.

Since the original consent the scheme has gone through a rather protracted set of circumstances, which, in part, has resulted in the applicant and the local planning authority agreeing that the scheme would be delivered in three phases, in order to better suit the needs of the applicant.

The applicant has now revisited the phasing plan and wishes to deliver the scheme in four phases, in order for Phase 2 to be delivered in two separate phases (2a & 2b). The applicant has cited a combination of the current economic climate and a

53 desire to keep his employees in work as a key driving force in the decision to split Phase 2 in this way.

The phases are broken down as follows:

Phase 1 is the completed refurbishment of the retained Ashtons building set on the corner of Upper Allen Street and Well Meadow Drive.

Phase 2a & 2b consists of the erection of a new 4/5 storey residential block fronting Upper Allen Street. This block will be delivered in two sections, the first of which will abut Phase 1. Phase 2 as a whole will include an undercroft car park, a vegetated roof and several balconies.

Phase 3 consists of the erection of a new 4/5 storey residential block fronting Well Meadow Drive and Well Meadow Street.

LOCATION

This application site is an L-shaped block of land fronting Upper Allen Street, Well Meadow Street and Well Meadow Drive. The site is located within the St Vincent’s Area of the city and the Well Meadow Conservation Area.

The surrounding area comprises predominantly low-rise industrial buildings, which have little architectural significance, and modern flat roofed residential accommodation, including the recently completed 4/5 storey AQH scheme across Upper Allen Street to the east. The main buildings of architectural note in the immediate vicinity are the Stephenson Blake building, which also sits across Upper Allen Street to the southeast and the Grade II* Listed 35 Well Meadow Street (Joel’s Yard), which adjoins the site on Well Meadow Street.

RELEVANT PLANNING HISTORY

06/03101/FUL

Consent was originally granted in August 2007 for the erection of 81 private apartments in 2 new blocks and the retention of the existing Ashtons building for use as B1 offices.

This development was never commenced.

07/02936/FUL

Consent was granted in October 2007 for the erection of 81 apartments in 2 new blocks and the retention of the Ashtons Building, including the erection of an additional storey, to form 21 apartments with cafe/bar on the ground floor.

08/01208/FUL

Consent was granted in May 2008 to use part of the lower ground floor as a small office area.

08/02203/FUL

Consent was granted in July 2008 to vary conditions imposed by 07/02936/FUL, in order for the development to be carried out in 3 Phases.

09/00721/FUL

Consent was granted in June 2009 to amend the approved scheme, in order to:

- Renegotiate a revised affordable housing contribution.

- Create a new mix of house types on offer.

- Secure some design alterations, including an undercroft car park and balconies within Phase 2.

PLANNING ASSESSMENT

Given that many of the principles of this development have already been established, this assessment focuses on the new material considerations that arise from this proposal.

Design Issues

The site is located within the Well Meadow Conservation Area. Policy BE16: Development in Conservation Areas within the Sheffield Unitary Development Plan (UDP) states that new development in conservation areas is expected to preserve or enhance the character or appearance of that area.

Policy BE5 of the UDP states that original architecture will be encouraged and that new buildings should complement the scale, form and architectural style of surrounding buildings.

Policy CS74: Design Principles within the adopted Sheffield Development Framework Core Strategy states that high quality development will be expected, which would respect, take advantage of and enhance the distinctive features of the city, its districts and neighbourhoods.

The main consideration in respect of design is whether Phase 2a would be acceptable without the construction of Phase 2b, as they have previously been assessed as one building. Having considered the revised contextual plan, which shows Phase 2a with the completed Phase 1 building, Phase 2a is considered to offer suitable massing, detailing and rhythm to ensure it offers an acceptable appearance in its own right in this setting.

The delivery of Phase 2a will result in a large prominent gable wall, and, although it is expected that this will be for a temporary period until Phase 2b is delivered, it is not considered ideal. The applicant has agreed to use recessed brickwork at varying points within the gable wall, in order to ensure some articulation and

55 interest is created. As a result, this is, on balance, considered to be acceptable, particularly considering the adverse economic conditions that are facing the developer at the present time.

The delivery of Phase 2a without Phase 2b is therefore considered to comply with the design and conservation policies discussed within this section of the report.

Highways Issues

Section f) of Policy IB9 within the UDP states that new development or change of use applications will be permitted provided that they are adequately served by transport facilities and provide safe access to the highway network and appropriate off-street parking.

The overall development will provide 28 car parking spaces. However, none of these spaces will be delivered as part of Phase 2a. Given the city centre location and quite convenient access to varying modes of transport, including the Sheffield Supertram, this is not a cause of concern.

The proposal is therefore considered to be in compliance with section f) of Policy IB9.

Mobility Housing

The applicant proposes to deliver the full quantity of mobility compliant housing for Phases 2a & 2b within Phase 2a. This is considered to be acceptable and will ensure these mobility apartments are delivered at the earliest possible opportunity.

Section 106 Agreement

The terms of the Section 106 within the previous approval split the relevant payments into 3 sections, to reflect the 3 phases. The applicant now wishes to split these payments into four sections, in order to reflect the revised four phased approach. The contributions will be proportionate to the number of units being delivered in each phase. This is considered to be a logical and acceptable approach. The figures involved have not altered since the previous approval.

SUMMARY AND RECOMMENDATION

The design consequences of building Phase 2 in two separate sections are considered to be acceptable, given that Phase 2a if of sufficient quality in its own right to justify the conservation area setting.

Given the central location the delivery of Phase 2a without any car parking is not a cause of concern.

The proposal is therefore recommended for conditional approval subject to the completion of a revised legal agreement, the total figures of which are indicated below but the final wording will reflect a phased payment approach.

56 Heads of Terms i. A sum of £91,633 shall be paid to the Council towards the enhancement of open space within the catchment area of the site. ii. A sum of £13,065 shall be paid for off building lighting and footpath improvements and the provision of new Traffic Regulation Orders to control on street parking. iii. A sum of £19,400 shall be paid towards the warden scheme for the area.

In the event that a satisfactory S106 planning obligation covering the Heads of Terms set out in the preceding paragraph is not concluded before 20 October 2009 (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

Case Number 09/02371/CHU

Application Type Planning Application for Change of Use

Proposal Temporary use of pavement for external tables and chairs in association with existing coffee shop (As amended by layout plan dated 7/7/09)

Location 87 Pinstone Street Sheffield S1 2HJ

Date Received 29/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Cliff Walsingham & Company

Recommendation Grant Conditionally

Subject to:

1 The hereby approved outside seating area shall only be used between 0700 hours and 2230 hours on any day and all associated furniture shall have been removed from the footway by 2300 hours on any day.

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

2 The use of the land for the above mentioned purpose shall cease on or before 12 October 2011.

In the interests of the future development of the area.

3 All of the café screens shall encompass bottom tapping rails and their content shall be limited in accordance with the submitted photographs unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

S10 - Conditions on Development in Shopping Areas BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings

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

Site Location

59 LOCATION AND PROPOSAL

The applicant is seeking planning permission to use two small sections of highway outside Costa Coffee at 85-87 Pinstone Street as outside seating areas. The two areas would collectively provide three tables with around nine covers, whilst using café screens for demarcation.

The building to which the application relates, originally known as the Prudential Assurance Building, is Grade II Listed. Erected in 1886 by Alfred Waterhouse it is constructed in red brick with a granite plinth and terracotta dressing. Externally the building reaches four floors plus attic space.

The unit has two prime frontages and is adjoined by GT News on Pinstone Street and a clothes shop on St Paul’s Parade. The ground floor uses around the wider block are predominantly commercial with residential accommodation set on the upper floors, known as St Paul’s Chambers. The site is set within the Retail Core of the Central Shopping Area and the City Centre Conservation Area, as defined within the adopted Sheffield Unitary Development Plan (UDP).

PLANNING HISTORY

Planning permission was granted in June 2008 to use the ground and basement floors of building for Use Class A1/A3 purposes (Shops/Restaurant and Cafes) under planning reference 08/02280/CHU.

PLANNING ASSESSMENT

Land Use

The principle of the use of the premises as a café/coffee shop has been established and the proposed seating area is considered to be ancillary to this main use. As such, the proposal is considered to be acceptable from a land use perspective.

Surrounding Amenity

Section b) within Policy S10: Conditions on Development in Shopping Areas within the UDP states that new development or change of use applications should not cause residents or visitors to suffer from unacceptable living conditions.

The City Centre Living Strategy and City Centre Night Time Uses Interim Planning Guidance were introduced in order to protect the living conditions of city centre residents by limiting opportunities for noise and disturbance to directly affect them. Within this guidance opening hours for night time uses in this location are limited to 0030 hours.

The existing coffee shop has consent to open between 07:00 hours and 2300 hours on any day. With this in mind, it is viewed as reasonable to limit the use of this area to 2230 hours, with the furniture removed by 2300 hours, which is a similar arrangement to the neighbouring Ha Ha Bar.

It is considered with these limitations the proposal will meet the requirements of the relevant policy documents in respect of protecting surrounding amenity.

Design Implications

Policy BE16: Development in Conservation Areas within the UDP states that permission will only be granted for applications which contain sufficient information to enable their impact on the area to be judged.

Policy BE19: Development Affecting Listed Buildings within the UDP states that proposals will be expected to preserve the character of the listed building.

The proposal will not result in new fixings to the listed building and, given the removable nature of the furniture, will not impact on the special character of the building.

Highways

Section f) within Policy S10: Conditions on Development in Shopping Areas within the UDP states that new development or change of use applications should not endanger pedestrians.

It is considered that the footway at this point has sufficient width (up to five-metres) to cope with the current footfall and cater for these proposals. However, it is anticipated that footfall along this particular section of highway will increase quite significantly as major schemes are delivered, most notably the New Retail Quarter and the final stages of the Heart of the City programme. As a result of this, it is proposed to grant a temporary consent of two years and re-evaluate the situation at this time.

SUMMARY AND RECOMMENDATION

The outside seating areas will operate within limited hours to ensure surrounding residential amenity is protected.

Given the removable nature of the furniture, the proposals are not considered to impact on the special character of the listed building.

Owing to limited footfall at this point in time the footway is considered to be wide enough to cope with this proposal. However, as this situation may change with the emergence and completion of major development schemes in the city, it is proposed to grant consent for a temporary period of two years.

The application is therefore recommended for approval subject to conditions.

Case Number 09/02326/FUL

Application Type A Full Planning Application

Proposal Demolition of existing sports hall and erection of a new sports hall (including dance studio, sports hall and changing facilities), upgrading of existing tennis courts to form a multi-use play area (including 3 metres high fence), extension to hard play area, and associated landscaping works

Location Firth Park Community Arts College Fircroft Avenue Sheffield S5 0SD

Date Received 17/07/2009

Team CITY CENTRE AND EAST

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

(a) Windows (b) Window reveals (c) Doors (d) Eaves and verges (e) External wall construction (f) Entrance canopy (g) Disabled access ramp and handrails (h) Cycle storage facilities

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

In order to ensure an appropriate quality of development.

3 The proposed external materials and finishes for the sports hall and dance studio hereby approved shall be in accordance with the products displayed on the material sample board entitled "Proposed External Materials Sample Board" (Dwg. No. FP_A(PA) 100) which was submitted with this application, unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

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

i) proposed roofing materials of the sports hall and dance studio building.

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

In order to ensure an appropriate quality of development.

5 Before the development is commenced full details of the 3-metre high fencing materials proposed to surround the multi-use games area shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the works shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

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

In the interests of the amenities of the locality.

7 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 the amenities of occupiers of adjoining property.

8 Before the development is commenced, details of the means of ingress and egress for vehicles engaged in the construction of the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the arrangements for restricting the

63 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.

9 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.

10 Before the development is commenced, full details of the proposed speed ramps and barriers proposed on the access drive leading to the sports hall shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the works shall be carried out in accordance with the approved details.

In the interests of the pedestrians and vehicles using the access drive.

11 The development hereby approved shall be carried out in accordance with Sport England/NGB Technical Design Guidance Notes to include ‘Access for Disabled People 2002’, unless otherwise agreed with the Local Planning Authority in consultation with Sport England.

In order to ensure an appropriate quality of development.

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

To ensure satisfactory drainage arrangements.

13 Before the development is commenced details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, shall have been submitted to and approved in writing by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

14 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.

64 15 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 ensure satisfactory drainage arrangements.

16 Before to the development is commenced, details of any signage scheme for the new sports hall shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the works shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

17 Before the development is commenced, details of security or aesthetic lighting to any part of the development hereby approved - including access drive, multi-use games area, the sports hall - shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the works 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:

LR5 - Development in Open Space Areas BE5 - Building Design and Siting BE6 - Landscape Design BE7 - Design of Buildings Used by the Public BE9 - Design for Vehicles CS43 - Schools CS47 - Safeguarding of Open Space CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction

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

65 Attention is drawn to the following directives:

1. The applicant is advised that safe development and occupancy of the site rests with the developer. The Local Planning Authority has determined the application on the basis of the information available to it but contamination may be discovered during the development. If any such contamination is encountered, the Local Planning Authority should be notified within one working day of its discovery.

2. 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.

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

66 Site Location

LOCATION AND PROPOSAL

This application relates to land within the curtilage of Firth Park Community Arts College, which is located on Fircroft Avenue, Shiregreen. The College is located within a designated Housing Area in Sheffield’s adopted Unitary Development Plan (UDP) and is surrounded by residential properties to its north, east and southern boundaries. Additionally, Hatfield House Primary School is positioned beyond the southern boundary and Shiregreen cricket pitch is to the west.

The application intends to demolish the College’s existing sports hall, which is a stand alone building positioned at the heart of the school, and replace it with a state of the art sports hall and dance studio facility. Aspirations of the school revolve around the need to provide good quality, adequate indoor sports and dance facilities as it has a particular specialism in Dance, amongst others.

The project is being provided under the ‘Building Schools for the Future’ programme and the proposal aims to provide the following facilities:

67 i) A stand alone building which includes a new 4 court badminton sports hall (594 sq.m.), a dance studio (207,9 sq.m.), new changing facilities, and storage facilities. ii) Alterations to 2 existing tennis courts to create a multi-use games area comprising tennis and netball courts, surrounded by 3 metre high fencing – proposed on land to the south of the new sports hall. iii) A full-sized netball court on existing and new hard play space – proposed on land to the west of the new sports hall.

It is intended that the main use of the building is related to the College, however the facilities at Firth Park Community College are used regularly by the community during evenings and weekends. It is envisaged that this proposal for a new sports facility and improved games areas would allow for an increase in community use.

RELEVANT PLANNING HISTORY

The most relevant planning history is set out below:

In February 1998 planning permission for alterations and extensions to the school, provision of car parking areas, external works and fencing was granted by the Council (ref. 97/01664/FUL).

In July 2001 an application for the erection of an extension to create a Learning Support Unit at the College was approved (ref. 01/00805/FUL).

An application for an extension to form 5 new classrooms and office facilities on the south elevation of the school was approved by the Council in March 2003 (ref.03/00390/RG3).

Finally, in September 2003 an application for a single storey extension to form an entrance lobby to the College’s main entrance was approved (ref. 03/02728/RG3).

SUMMARY OF REPRESENTATIONS

The application has been advertised by means of site notice, press advert and neighbour notification letter. No objections have been received at the time of writing this report.

Sport England has been consulted and is satisfied that the development would be of sufficient benefit to the development of sport as to outweigh the detriment caused by the loss of the playing field or playing fields. This being the case, Sport England supports this application subject to a condition requiring the facilities to be constructed in accordance with Sport England/NGB Technical Design Guidance Notes.

PLANNING ASSESSMENT

Policy Issues

68 Unitary Development Plan (UDP)

The application site is designated within an Open Space Area in the adopted UDP. Policy LR5 ‘Development in Open Space Areas’ is relevant and advises that development will not be permitted in such Areas where (i) it would result in overdevelopment or harm the character of an area; or (k) the proposed use would be incompatible with surrounding land uses.

Core Strategy Document

This document provides the overall spatial strategy for the Sheffield Development Framework and contains policies which supersede some of those contained in the UDP.

Policy CS 43 ‘Schools’ (part a.) states that the provision of sufficient modernised education facilities will include the redevelopment and refurbishment of all secondary schools. It expects that this will happen through a variety of programmes and initiatives, including the Building Schools for the Future Programme (BSF).

Policy CS 47 ‘Safeguarding of Open Space’ is also relevant and it identifies circumstance where development will or will not be permitted. Part g. of the policy advises that development that would still result in the loss of open space will only be permitted where ‘the development would be ancillary to the open space and have a minimal impact on the use or character of the open space.’

The application involves the demolition of an existing sports hall and replacement with a sports hall and dance studio on the same site. Although the new hall is bigger and it will lead to the re-orientation of some on-site recreation spaces, it is considered that there would not be a major impact on the Open Space Area. It is accepted that the amount of existing open space will incur a slight loss but it is also recognised that it is a new sports development facility that is proposed, which would be ancillary to this space, thus enhancing it and the overall facilities available to the school and the local community.

It is therefore concluded that the principle of development is acceptable in terms of existing UDP Policy LR5 and Core Strategy Policies CS 43 and 47.

Design Issues

Policy BE5 of the UDP relates to ‘Building Design and Siting’ and expects good design (including scale, form and detail) and the use of good quality materials in all new and refurbished buildings. It also expects that designs meet the needs of the users and promote all aspects of personal safety.

Policy CS 74 of the Core Strategy relates to ‘Design Principles’ and reiterates the high standards of design that are expected by the Council in new developments.

The new building has a simple design that is heavily influenced by the proposed dance and sport facilities it contains. The building has a sloping mono-pitch roof

69 which increases in height from front to back in order to accommodate the sports hall at the rear; it is approximately 7.7m at the front rising to 10.8m at the rear. The building is 38.4m long x 40.6m deep and has a larger footprint than the existing building, which was 37m long x 15m deep (approximately). The greater size is required in order to achieve modern Sport England standards.

It is considered that the proposed size and scale of the building is acceptable. The building would not be higher than the existing school buildings within the site and it is recognised that the design follows function. It is also acknowledged that the lowest part of the building has also been kept to the minimum practicable height in order to provide a welcoming entrance and ensure a comfortable visual relationship with the existing main school buildings, which are positioned to the north and west.

The external appearance of the building is characterised by a material palette that includes – red brick, a composite cladding system and glazing. The red brick is proposed to form an external plinth reaching 3 metres above the finished floor level and matches the existing buildings on the site. The cladding system is positioned on top of the plinth and it is proposed to use 3 colours that would be graded in a stripe form with a dark grey at the bottom grading to a light grey at the top.

It is considered that the proposed appearance of the building is acceptable. It is a simple but robust palette which will appear neutral alongside the variety of other buildings and extensions at the school. The grading of the cladding adds visual interest to the building and is considered a more imaginative solution than just a single grey colour. Furthermore, whilst a greater number of windows would have been preferred it is accepted that this is not practicable from either maintenance or sports use perspectives.

Additionally, there are no appearance issues relating to the proposed alterations to the new external areas of the school, including the alterations to the existing tennis courts and creation of the new hard play facility. These facilities replace existing recreation facilities within a school playing area, including an existing pair of tennis courts, and therefore it is considered that they would not appear out of place in this open space setting.

In light of the above, it is concluded that good design principles and suitable quality materials are proposed as part of this development. The design of the building will ensure that it has an aesthetic interest when glimpsed from surrounding roads (e.g. Hatfield House Lane) and on entrance to the site from Bellhouse Road.

Amenity Issues

Policy LR5 of the UDP relates to ‘Development in Open Space Areas’ and states that proposed uses should not be incompatible with surrounding land uses. The surrounding uses in this case are educational buildings and residential dwellings.

The proposed sports hall and external facilities are proposed on the same site as the existing facility at the centre of the school site. It is considered that the development proposals would not detrimentally affect the amenity of the school but

70 would instead enhance it by providing better and more modern facilities. Furthermore, there are no significant concerns about the impact of the development on Hatfield House Lane First and Middle School.

With regard to the impact on surrounding residential properties, it is accepted that the new facilities would be visible from a large quantity of properties on Hatfield House Lane and Bellhouse Road, which have their rear elevations facing in the direction of the school and the application site. The new facilities are larger than existing and will be visible from existing habitable room windows, however it is considered that there is such a distance between existing and proposed so as not to cause amenity harm to their occupiers. For example, the closest property at No.279 Hatfield House Lane is positioned approximately 40m from the southern edge of the new multi-use games area and 75m from the south facing rear elevation of the new sports hall. Furthermore, the closest properties on Bellhouse Road (Nos.325 and 327) are positioned at a higher land level approximately 89m away from the eastern side elevation of the sports hall and view it across an all- weather sports pitch.

In light of the above, it is concluded that the proposed development is compatible with the existing surrounding land uses and therefore it is concluded it is in accordance with the expectations of UDP Policy LR5.

Sustainability Issues

Policy CS 64 of the Core Strategy relates to ‘Climate Change, Resources and Sustainable Design of Developments’ and encourages sustainable design to help reduce emissions of greenhouse gases and function in a changing climate.

The application proposal includes sustainable design features that help it to address the aspirations of Policy CS 64. These include i) use of thermal modelling to optimise building envelope u-values, ii) use of a solar wall, iii) rainwater attenuation to control rainwater run-off, and iv) infra-red movement detectors with delay settings within ancillary areas.

The installation of a solar wall on the whole of the sport hall’s south facing elevation is a particularly welcomed and acceptable feature. Members are advised that this wall takes the form of a perforated metal sheet mounted onto the outside of the main structural wall. It uses the sun’s energy to heat the wall which in turn heats the air passing over its surface and into the perforated holes. It is proposed to be used as part of the air handling/ventilation solution to the building. The product works most efficiently when the wall has the darkest external colour – in order to absorb the sun’s rays thus increase the heat of the wall – and therefore it is proposed to be dark grey colour to tie in with the opening frames and the darkest cladding. Furthermore, the sustainable benefits of this product are recognised and it is not considered that it would compromise the external appearance of the building.

Policy CS 65 of the Core Strategy focuses on ‘Renewable Energy and Carbon Reduction’ and requires developments of more than 500sqm gross internal floorspace to provide 10% of their predicted energy needs from decentralised and

71 renewable or low carbon energy, and to reduce the development’s overall predicted carbon dioxide emissions by 20%, which can include the renewable or low carbon energy.

It is advised this development does not meet the requirements of Policy CS 65. However following higher level discussions with the BSF sustainability team, there is recognition by the Council that the 10% renewable/low carbon energy requirement cannot be met at present due to Government-imposed budgetary restrictions, but that there is a Government commitment to ensuring all schools are carbon neutral by 2016. Therefore it is likely that renewable/low carbon energy will be retrofitted to schools as part of this commitment. Although a contribution is required in cases where renewable/low carbon energy is not feasible or viable, Members are advised that it has been agreed that this will not be pursued in the case of BSF schools due to the commitment to them carbon neutral in the future.

By virtue of the above, it is concluded that the feasibility and viability issues are an acceptable response to the renewable and carbon shortfalls of the development proposal in relation to Policy CS 65.

Highway Issues

Policy BE9 of the UDP ‘Design For Vehicles’ requires that new developments and refurbishments provide a safe, efficient and environmentally acceptable site layout for all vehicles (including cycles) and pedestrians. Amongst others, this includes (a) a clear definition of vehicle access and exit, (b) good quality design of internal roadways, and (f) adequate parking space suitably located for vehicles used by people with disabilities.

Although the car parking provision is fairly low for a school of this size there is no evidence to suggest that a lack of parking spaces is causing any highway safety issues. Furthermore, it is considered that there is no justification resulting form the proposed development to insist on provision of increased parking provision.

The scheme proposes improvements to the school’s access drive which is welcomed and the introduction of more disabled parking spaces, although not fully to standard due to space restrictions, are also considered a positive addition and should prove to be quite safe to use if vehicles travelling down the access drive do so at a slow speed. In order to ensure this occurs, it is recommended that measures are introduced to alert drivers of hazards and speed restriction measures along the drive that will reduce the majority of vehicles allowed to travel all the way down it (i.e. disabled users and cyclists) to a speed of 10mph. Officers are currently in negotiations about the nature and position of the ramps, therefore Members will be updated on progress at the Area Board meeting.

In response to the above, it is concluded that the application proposal is acceptable from a highway perspective and suitably complies with the requirements of UDP Policy BE9.

72 Access Issues

Policy BE7 of the UDP relates to the ‘Design of Buildings Used by the Public’ and it expects that such buildings allow people with disabilities safe and easy access to the building and to appropriate parking spaces.

Given the application site’s setting within existing school which has limited external grounds it is the case that the application proposal is constrained by the amount of land available and it has therefore not proved easy to provide the necessary access facilities. There are a number of issues outstanding which Officers are currently awaiting the submission of amended plans at the time of writing this report. Therefore, Members will be fully updated on the access issues at the Area Board meeting.

Landscape Issues

Policy BE6 of the UDP relates to ‘Landscape Design’ expects good quality landscape design in new development and refurbishment schemes.

The extended size of the sports hall has meant that the multi-use games area has had to be moved closer to the southern boundary of the school, which is shared with Hatfield House Lane First and Middle School. The games area would move close to two existing sycamore trees and compromise there retention. The accompanying Arboricultural Report proposes to remove the trees as they are not of sufficient quality to warrant retention. This proposal does not raise any objection to Officers as long as replacement tree planting (preferably extra heavy standard size trees) is achieved elsewhere as part of a landscaping scheme.

The wider alterations to the school fields – including the extension of the hard play area – would not compromise the landscape at this site. It is therefore concluded that the application proposal meets the requirements of Policy BE6.

SUMMARY AND RECOMMENDATION

In summary, the proposed development of a new sports hall with dance studio and upgrading of external areas is acceptable at this secondary school site. Although located within a designated Open Space Area and incurring a slight loss of external space, it is believed that this replacement facility would ultimately enhance the recreational space available by providing modern standard internal and external facilities to benefit the school’s pupils and the local community.

The development raises no significant material planning concerns, subject to outstanding access and highway details being suitably resolved and appropriate conditions. It is therefore concluded that the application proposal is acceptable in terms of UDP Policies LR5, BE5, BE6, BE7 and BE9, and Core Strategy Policies CS 43, CS 47 and CS 64. With regard to the issues surrounding Policy CS 65 it is considered that this issue has been suitably addressed in the report.

In light of the above it is recommended that this application proposal be approved, subject to relevant conditions.

Case Number 09/02236/FUL

Application Type A Full Planning Application

Proposal Use of building as off license/video shop (Use Class A1) and hot food takeaway (Use Class A5) including provision of brick extraction chimney on the roof

Location Intake Video 342 Mansfield Road Sheffield S12 2AS

Date Received 13/07/2009

Team SOUTH

Applicant/Agent Space Studio

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 use shall cease on or before the 21st September 2010.

In the interests of the amenities of the locality.

3 The hot food takeaway shall be used for such purpose only between 1500 hours to 2200 hours on any day.

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

4 The hot food takeaway 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.

74 Attention is drawn to the following justifications:

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

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

Attention is drawn to the following directives:

75 Site Location

LOCATION AND PROPOSAL

The site comprises a former end terrace house that has been converted into a single shop unit, currently used for video rentals and the sale of alcohol. It is a two storey stone building with a pitched roof, elevated from the footpath at the front. The site faces directly onto Mansfield Road close to the crossroads with Hollinsend Road.

To the north is an adjoining terraced house, to the south is a public house and associated car park and to the rear is further residential development. There are full traffic restrictions in the form of double yellow lines on both sides of the road in front of the site and a considerable distance along the road in both directions. In addition, there is a bus stop opposite the site across the road and traffic lights at the Hollinsend Road junction. Beyond the bus stop is a Co-op Store with a car park at the side.

76 The proposal is to supplement the video store and alcohol sales with use as a hot food takeaway (Class A5 use), including the provision of a brick extraction chimney on the roof. It is proposed to open the hot food takeaway from 1500 to 2200 hours each day. Also, this application proposes this for one year only so that the impact can be reviewed at the end of this period. The video store and alcohol sales use closes at 2230 hours each evening, at present.

This report will concentrate on the impact that would result by the addition of the hot food takeaway.

RELEVANT PLANNING HISTORY

09/00944/FUL – Change of use to include hot food takeaway (A5) until 23.00 hours, apart from Sundays and Bank Holidays, which would be 22.30 hours refused on 19 May 2009.

REPRESENTATIONS

Two letters of objection have been received from neighbour’s:-

- smells from cooking - late night noise - litter - already enough takeaways in the area - young people will congregate and cause noise.

PLANNING ASSESSMENT

Policy Issues

The adopted Unitary Development Plan (UDP) shows that the site is within a Housing policy area with a local shopping centre opposite the site across Mansfield Road.

Policy H10 deals with development in housing areas and this states that, although residential is the preferred use, food and drink outlets are acceptable uses.

Policy H14 – Conditions on Development in Housing Areas – states that where there is a change of use there should be no nuisance to neighbours and appropriate off-street parking.

The Sheffield Development Framework Core Strategy has been adopted but none of the policies specifically relate to this application.

Design and External Appearance

The existing building would remain the same apart from the addition of a new, false chimney which would incorporate in flue extraction and a new door at the rear. Internal alterations would take place to allow the food preparation area to be introduced.

77 Potential Noise and Disturbance

The site fronts onto a busy road and during the day and early evening there would be considerable background traffic noise. Also, there is a public house on the southern side and it is likely that noise would occur associated with this. The site is at the end of a terrace and there is an issue of whether or not the adjoining residence and others in the vicinity will suffer from unacceptable noise and disturbance from this proposed change of use.

The previously refused application for a hot food takeaway at this site proposed opening until 2300 hours on weekdays and Saturdays and 2230 hours Sundays and Bank Holidays. This was considered unacceptable because of the noise and disturbance that would affect the neighbours. This decision took into account that there are full parking restrictions outside the site and cars would park up the road, which may well lead to and car doors slamming causing disturbance. In addition, a common consequence of hot food takeaway uses are gatherings of customers outside the property and the noise that can arise is difficult to control.

This revised application proposes that the hours of the hot food takeaway operation cease at 2200 hours on each day, even though the video and alcohol sales are open until 2230. This would mean that the food preparation area could be cleared and the premises close at the same time that it does now. The addition of extra customers attracted by the sale of takeaway hot food would increase activity at the site, but given the closing hours proposed, this would not be late in the evening. It is noted that Mansfield Road is a busy road and there is a public house next to the application site, open until late each night and there are bus stops close by. Consequently, there would be activity in the evenings associated with this.

With respect to fume extraction this would be dealt with internally and would exit the building by way of a false chimney that would be placed on the roof. This would be a satisfactory arrangement controlled by a condition.

There would be extra activity associated with the proposal, but given the existing levels of activity and the early closing hours proposed, it is considered that there would not be an unacceptable impact on the neighbours. This application is for a limited period of one year only, so that a review of the impact of the proposed use can take place.

The proposal would not, therefore, be contrary to Policy H14 of the UDP.

Parking and Access

There is a public house next door and the site is within walking distance of many houses, so much of the trade will be pedestrians. However, the site fronts onto a major arterial traffic route in and out of the city and is likely to attract passing trade. There are full parking restrictions on both sides of the road but it is possible that some customers may ignore this. However, there is on-street parking available quite close by so cars could park there. Also, there is a possibility of temporary

78 parking in the pub car park next door and the Co-op opposite and the applicant has suggested this as a way of resolving this issue.

The lack of parking and possible parking in restricted areas is not ideal in terms of highways safety but, on balance, it is considered that this is not sufficient to merit refusing the application on highways safety grounds.

SUMMARY AND RECOMMENDATION

This application proposes extending the use of the existing video and alcohol sales to include a hot food takeaway. The existing operation closes at 2230 hours each evening but the proposed hot food element would close at 2200 hours and this would be for a limited period of one year only to allow a review to take place to assess the impact on neighbours. Given the existing level of activity and the early closing, it is considered that there would not be an unacceptable impact, in terms of noise and disturbance, on neighbours.

The application to include a hot food takeaway, open until 2200 hours for a limited period of one year, does not conflict with policy criteria and is recommended for conditional approval.

Case Number 09/01654/FUL

Application Type A Full Planning Application

Proposal Use of building as a restaurant and for the sale of takeaway hot food (Use Classes A3 (Restaurants/Cafe) and A5 (Take-aways) and installation of an external fume extraction flue

Location 85 Wicker Sheffield S3 8HT

Date Received 01/06/2009

Team CITY CENTRE AND EAST

Applicant/Agent Mr J Menguele

Recommendation Grant Conditionally

Subject to:

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

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

2 The building shall be used for the above-mentioned purpose only between 0900 hours and 2330 hours, Mondays to Saturdays, and 0900 hours and 2300 hours on Sundays and Public Holidays.

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

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.

4 With the exception of the flue, there shall be external alterations to the building without the prior approval of the Local Planning Authority.

80 In the interests of the visual amenities of the locality.

5 The refuse bins associated with the use shall be stored entirely within the site and shall at no time be stored on the adjacent highway, except on the day of collection.

In the interests of the visual amenities of the locality.

Attention is drawn to the following justifications:

CS67 - Flood Risk Management BE5 - Building Design and Siting BE15 - Areas and Buildings of Special Architectural and Historic Interest BE19 - Development affecting Listed Buildings S3 - Development in the Central Shopping Core S10 - Conditions on Development in Shopping Areas

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

81 Site Location

LOCATION AND PROPOSAL

The application relates to a three storey brick built property, which comprises a Grade II Listed building that occupies the block between Scholey Street and Andrew Lane and fronts onto Wicker. This unit houses No.85-91 Wicker and is a relatively complex structure with an imposing front elevation which surrounds an inner courtyard, with smaller single storey and two storey buildings to the rear elevation of the site. The building is occupied by several units, and to the ground floor, retail is the predominant use. To the rear of the site there is a vehicle repair centre.

The unit to which this application relates occupies the corner unit facing onto both Scholey Street and Wicker. At present this unit is dominated by roller shutters, but when open there is a predominantly glazed frontage extending to both the front and side elevations. There is also a large blue plastic sign above the front entrance. The subject unit is currently vacant and although it has been stated on the application forms that the previous use was office, there is a bar and kitchen

82 area inside and it therefore appears that at some time the building has been previously used as a restaurant or café.

The subject property is located within an area designated as the Central Shopping Area in the adopted Unitary Development Plan.

This application seeks consent for the use of the building as a restaurant and takeaway and also the installation of an external fume extraction flue. This report will cover both the full planning application and the listed building application for the works.

RELEVANT PLANNING HISTORY

01/01359/FUL Retention of roller shutters Refused with Enforcement Action 12/11/2001

01/1360/LBC Retention of roller shutters Refused with Enforcement Action 12/11/2001

03/02351/CHU Alterations to building for use as an internet café (sui generis use) and training suite. Granted Conditionally 07/10/2003

03/02818/LBC Alterations to building for use as an internet café (sui generis use) and training suite. Granted Conditionally 07/10/2003 77/00796/FUL Use of premises for a private hire taxi business and garage Granted Conditionally 13/04/1977 84/01982/FUL Use of 3rd floor of No.85 as sound studio and 2nd floor of No.87 as crèche Granted Conditionally 24/10/1984 84/01983/FUL Use of ground floor of building as a crèche for a temporary period Granted Conditionally 24/10/1984

SUMMARY OF REPRESENTATIONS

There have been no letters of neighbour representation regarding this application.

PLANNING ASSESSMENT

Land Use Policies

Policy S3 of the adopted Unitary Development Plan ‘Development in the Central Shopping Area’ states that food and drink outlets are a preferred use within this area.

Policy S10 of the adopted Unitary Development Plan, ‘Conditions on Development in Shopping Areas’ sets out the criteria for development in Shopping Areas and

83 includes guidance that new development and change of use should not lead to a concentration of uses which would prejudice the dominance of preferred uses in the Area.

The principle of locating a restaurant and hot food takeaway in this location is considered to be acceptable and in accordance with the aims of the Unitary Development Plan policies S3 and S10.

The Wicker Riverside Action Plan 2007-2017 also seeks to promote the use of this area of the Wicker for small scale retail (Use Class A1), Restaurants and cafes (Use Class A3) and Pubs and Bars (Use Class A4). The proposed use of the building as a restaurant is considered to be acceptable. In terms of the provision of a takeaway within the premises the scheme is considered to be acceptable in principle, as it is ancillary to the use of the building as a restaurant.

Assessment of Use

Policy S10 of the adopted Unitary Development Plan, ‘Conditions on Development in Shopping Areas’ sets out the criteria for development in Shopping Areas and includes guidance that new development and change of use should not prejudice the dominance of uses, cause residents to suffer from unacceptable living conditions, be well designed and of a scale and nature appropriate to the site and comply with policies for the Built environment as appropriate.

There is no residential accommodation above the property and therefore the potential for disturbance and poor living conditions as a result of noise and smell is limited. However, given the nature of the proposed use of the premises it is still considered necessary that a fume extraction system be in place to prevent odours permeating the area. This extraction system will be in the form of an external flue and this will extend up the rear elevation of the building, to the internal courtyard and terminate above the ridgeline on the element of the building on which it is sited. However, as there are many elements to this building, there are various ridgelines and chimneys evident and the proposed flue will not exceed the highest element of the building. This will allow for effective fume extraction, it will also not unduly compromise the character of the building, and given its location will be relatively screened by the existing building.

Hours of Use

The opening hours proposed are from 11:00 hours to 03:00 hours and includes Monday to Sunday and Bank Holidays. These hours proposed match those that have been allowed by licensing. Given that the site is not located within a residential area, it is considered that these hours are appropriate.

Impact upon Listed Building

Policy BE5 ‘Building Design and Siting’ of the adopted Unitary Development Plan requires good design in all new and refurbished buildings.

84 Policy BE15 ‘Areas and buildings of special architectural or historic interest’ seeks to protect listed buildings or Conservation Areas from development which would harm their character or appearance.

Policy BE19 ‘Development affecting Listed Buildings’ states that proposals, including those for change of use should preserve the character and appearance of the building.

As the only external proposals for the premises are that of the installation of the external flue, and this is to be located within the internal courtyard, it is not considered that the proposed development and change of use will have an adverse impact upon the character of this Grade II Listed building. The location of the flue has been briefly discussed earlier in this report. The flue itself will be constructed in stainless steel and will be attached to the wall by brackets. Where the flue meets the eaves line of the roof, the flue will bend to follow this roof line, which is considered to be a far more desirable solution that simply extending straight up. The courtyard itself is in a very dilapidated state and there appears to have been several modifications made to the elevations which face the courtyard, however, it is considered that the proposal is sensitive enough to not be of further detriment to the character of the Grade II Listed Building.

Flooding

Policy CS67 ‘Flood Risk Management’ of the adopted Core Strategy sets out the criteria for which development will be assessed in seeking to reduce the extent and impact of flooding along with the circumstances in which development will be permitted within a flood zone.

The proposal will not increase the amount of hard standing nor is it considered to affect the flow of flood waters or means of access/egress in the event of a flood and therefore there are no objections to this proposal in terms of flooding. The proposal is therefore considered to be acceptable in respect of Policy CS67 of the Core Strategy.

Highways

There are no highway implications to this proposal. The site is within walking distance of the city centre, is accessible by bus and there is also a public car park to the rear of the site.

SUMMARY AND RECOMMENDATION

The proposed use of building as a restaurant and for the sale of take-away hot food (Use classes A3 (Restaurants/Cafe) and A5 (Take-aways) and installation of an external fume extraction flue is considered to be acceptable in terms of the principle of use, implication upon amenity, impact upon the Listed Building, impact upon highways and flooding. The proposal will bring a currently vacant unit back in to use and will add to the vitality and regeneration of the Wicker and is therefore satisfactory with regards Policies CS67 of the Core Strategy, Policies BE5, BE15, BE19, S3 and S10 of the adopted Unitary Development Plan and the aims of the

85 Wicker Riverside Action Plan. A recommendation is therefore made for approval subject to conditions.

Case Number 09/02198/LBC

Application Type Listed Building Consent Application

Proposal Installation of an external fume extraction flue

Location 85 Wicker Sheffield S3 8HT

Date Received 14/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Mr J Menguele

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.

2 With the exception of the flue, there shall be external alterations to the building without the prior approval of the Local Planning Authority.

In the interests of the visual amenities of the locality.

Attention is drawn to the following justifications:

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

BE5 - Building Design and Siting BE15 - Areas and Buildings of Special Architectural and Historic Interest BE19 - Development affecting Listed Buildings

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

Site Location

For report see 09/01654/FUL.

Case Number 09/02114/FUL

Application Type A Full Planning Application

Proposal Erection of a 1 x 18-storey building for use as 41no. cluster bed student apartments, with 5-storey link block to existing residential tower, and basement car, cycle and motorcycle parking (As amended 17 July, 20 and 26 August 2009)

Location Land Bordered By St Marys Gate And Young Street Sheffield

Date Received 02/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Axis Architecture

Recommendation GRA GC subject to Legal Agreement

Subject to:

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

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

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

(a) Aluminium Louvres (b) Soffit Treatment (c) External Lighting

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

In order to ensure an appropriate quality of development.

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

(a) Glazing (b) Window Reveals (c) Soffit Treatment

89 (d) Aluminium Louvres (e) Modelling of Facades

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

In order to ensure an appropriate quality of development.

4 Before installation full details of the design and materials of the entrance to the student accommodation including the access ramp and steps shall have been submitted to and approved by the Local Planning Authority.

In order to ensure an appropriate quality of development.

5 Unless otherwise agreed in writing by the Local Planning Authority, the development shall not be occupied unless a validation report, prepared by an accredited expert in the relevant field, has been submitted to and approved in writing by the Local Planning Authority showing that the development has achieved a minimum of BREEAM rating "very good", and an overall carbon reduction of 20%. The measures incorporated to achieve this rating shall thereafter remain in place and operational for the lifetime of the development.

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

6 Notwithstanding the drawings hereby approved, the development shall not be used for the purposes hereby permitted unless further details of a sustainable vegetated roof (covering a significant proportion of the rooff, with substrate depth of 80mm minimum, 15-25% compost or other organic material, a sward consisting of herbaceous plants, nesting sites for birds and roosting sites for bats) has been provided in accordance with details (including construction detail, specification and maintenance schedule) that shall first have been submitted to and approved by the Local Planning Authority, and such sustainable vegetated roof and wildlife habitat shall thereafter be retained. The plant sward shall be maintained for a period of 5 years from the date of implementation and any failures within that period shall be replaced.

In the interests of biodiversity.

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

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

90 b) Be capable of achieving the following noise levels: Bedrooms: LAeq 15 minutes - 30 dB (2300 to 0700 hours), Living Rooms: Laeq 15 minutes - 40 dB (0700 to 2300 hours),

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

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

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

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

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

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

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

9 The development shall not be used unless the Refuse and Recycling provision shown on the drawings has been provided and thereafter retained.

In order to ensure an appropriate quality of development.

10 The development shall not be used unless a Refuse and Recycling Method Statement has been submitted to and approved by the Local Planning Authority. Such Method Statement shall indicate:

(a) How the facilities will be managed and serviced, and (b) How occupiers of the proposed development will be encouraged to maximise the use of the proposed recycling facilities and reduce general waste arising.

The approved Refuse and Recycling provision shall not be used except in accordance with the approved Method Statement.

91 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.

11 The Mobility Housing accommodation shown on the drawings hereby approved shall be provided and thereafter retained.

In order to provide Mobility Housing accommodation in accordance with the Council's Supplementary Planning Guidance.

12 Notwithstanding the drawings hereby approved and before the development is commenced, revised details of access from the residential lobby to the car park showing improved access for people for disabilities shall have been submitted to and approved by the Local Planning Authority, and the development shall not be used unless such improved access has been provided as approved and thereafter retained.

In order to provide Mobility Housing accommodation in accordance with the Council's Supplementary Planning Guidance.

13 The development shall not be used unless the footways and cycleways abutting the site have first been reconstructed in materials set out Part 3.3 of the Council’s Urban Design Compendium (Ring Road and Distributor Road specification).

In the interests of public realm enhancement.

14 The ground floor offices shall not be serviced except through the building, and the service access from the car park shown on the drawings hereby approved shall be retained and kept clear for this purpose.

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

15 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.

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

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

17 The development shall not be used unless the car parking accommodation (including disabled spaces), motorcycle and cycle parking accommodation as shown on the approved plans has been provided in accordance with those plans and thereafter such parking accommodation shall be retained for the sole purpose intended.

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

18 The approved car parking shall be for the sole use of the occupiers of and visitors to the proposed building.

In order to define the permission.

19 The development shall not be used for the purposes hereby permitted unless additional Car Club parking facilities have been provided to cater for the additional accommodation and such Car Club parking facilities shall thereafter be retained but before such facilities are provided full details thereof shall have been submitted to and approved by the Local Planning Authority.

In the interests of sustainable travel.

20 Before the development is commenced, a dilapidation survey of the highways adjoining the site shall have been undertaken jointly with the Local Highway Authority and a list of required remedial works to be carried out at the developer's expense shall have been submitted to and approved by the Local Planning Authority.

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

21 The areas shown on the drawings hereby approved for standing and manoeuvring of service and delivery vehicles shall be kept clear of obstructions (including storage of materials and parking of vehicles) at all times.

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

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

To ensure that the development can be properly drained.

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

93 To ensure that the development can be properly drained.

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

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

25 Surface water from vehicle parking and hardstanding areas shall be passed through an interceptor of adequate capacity prior to discharge to the public sewer. Roof drainage should not be passed through any interceptor.

In the interest of satisfactory drainage.

26 Surface water discharge from the completed development site shall be reduced by 30% compared to the current discharge rate and before the development commences full details of how this reduction will be achieved shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be completed in accordance with the approved details.

In order to mitigate against the risk of flooding.

Attention is drawn to the following justifications:

CS24 - Maximising the Use of Previously Developed Land for New Housing CS26 - Efficient Use of Housing Land and Accessibility CS27 - Housing in the City Centre CS40 - Affordable Housing CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction CS67 - Flood Risk Management CS74 - Design Principles CS75 - Improvements to Gateway Routes into and through the City CS76 - Tall Buildings in the City Centre IB7 - Development in Business Areas IB9 - Conditions on Development in Industry and Business Areas BE3 - Views and Vistas in the City Centre BE5 - Building Design and Siting H7 - Mobility Housing H16 - Open Space in New Housing Developments

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

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

You should apply for a consent to: -

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

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

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

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

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

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

Site Location

LOCATION AND PROPOSAL

The site forms part of the partially completed ‘Velocity’ scheme and is situated to front the Inner Ring Road, close to the Moore Street roundabout. To the rear of the site are established office blocks fronting Young Street, to the south-east of the site is the recently completed substantial new office and Premier Hotel development, to the north-west is a 22 storey glass tower (with approval for 30 storeys) and across the Ring Road is the Waitrose Supermarket complex.

96 This proposal is to erect an 18 storey glass tower to provide student accommodation, with a 5 storey link block to the partly built glass tower adjacent to it. This is a revision to a previously approved apart-hotel scheme for this site.

HISTORY

02/03264/FUL: In 2003 permission was granted for 193 flats and 69 car parking spaces in a 19 storey tower with a 12/13 storey wing.

03/03799/FUL: In 2004 a revised proposal was submitted for 205 flats and 74 parking spaces in a 21 storey tower with 13 storey wing, but then withdrawn.

04/02532/FUL: A further revised scheme was granted permission 30 September 2004 for 263 flats, office, ground floor shop and 52 parking spaces in a 22 storey tower with 13 storey wing. In February 2007 new owners’ architects submitted details in compliance with conditions, and work began on this scheme.

07/02158/FUL: Permission was granted on 21 August 2007 for (1) Revised design & materials to provide glazed facades to the approved 13/22-storey building forming 263 flats, granted 30 September 2004; (2) Use of part of ground floor as coffee bar/restaurant; (3) Increased ground floor height of 1 metre, and (4) Additional floor forming 40 extra parking spaces; (5) Other minor design changes to the permission of 30 September 2004.

The 22 storey tower to this proposal has been built, and residents are moving in to the flats. The wing is up to first floor height.

A further revised application for a 36-storey tower with 13-storey wing to accommodate 274 flats and 156 room apart-hotel with sky bar, restaurant, service areas and car parking (08/00746/FUL) was withdrawn on 24 July 2009.

08/03929/FUL: Planning permission for a 30 storey tower to accommodate 240 flats and ground floor coffee shop with a 17 storey secondary tower and 5 storey link block to accommodate a 126 bed Apart-hotel with conference facilities was granted on 11 March 2009. It is understood that construction of the remaining floors of this tower is to commence shortly.

09/01827/CHU: Planning permission was granted on 23 July 2009 for the use of the ground floor commercial unit in the 22 storey tower as offices.

REPRESENTATIONS

One Objection received from resident of Exeter Drive: (1) Student accommodation could be put to better use, (2) Affordable 2 or 3 bedroomed flats would be preferred, (3) Difficult for first time buyers to buy a house or flat.

ASSESSMENT

Land Use

97 Policy CS24 of the Core Strategy encourages development on brownfield sites. Policy CS26 requires higher densities to make efficient use of land and reflect the character of the area. The proposal is at a density of just over 400 dwellings per hectare, compared with the recommended minimum of 70. The proposal complies with both policies.

Policy CS27 of the Core Strategy allows for limited housing on this site where needed as part of mixed schemes to create a viable balance of uses. Policy CS41 promotes mixed communities by encouraging housing development to meet a range of housing needs including a mix of prices, sizes, types and tenures, including student accommodation within the city centre.

The site lies within a Business Area in the Unitary Development Plan. Policy IB7 lists Housing as acceptable at upper levels in the City Centre. Policy IB9 requires amongst other things that development should not prejudice the dominance of industry and business in this area.

The whole site will provide a mixture of private rented flats and student accommodation. This will complement the large housing estate at Exeter Drive, the nearest other residential accommodation. The proposal will not increase the proportion of shared housing in the area to more than 20%. This mixture complies with Core Strategy policy.

The proposal complies with UDP policy at upper floor levels. There are large office buildings nearby, and their dominance is not prejudiced by the proposal. The ground floor residential entrance is not considered to be a departure from UDP policy, as clearly an appropriate street level access must be provided for such uses.

Affordable Housing

Policy CS40 requires all new housing developments to make an Affordable Housing contribution where practicable and financially viable.

The Council’s Affordable Housing Interim Planning Guidance 2006 applies to the site. Subject to financial return, the Guidance would require a contribution from the developer equivalent to 20% of the units provided at the current affordable price.

In fact it has been confirmed by the District Valuer’s Office, following a full viability assessment of the proposed scheme, that, when taking account of the build-costs, together with other development costs, including other Section 106 requirements, there is insufficient return in the scheme to support an affordable housing contribution. In accordance with the adopted policy, no affordable housing contribution is required on this occasion.

Sustainable Design

Core Strategy Policy CS64 requires all new buildings to be designed to reduce greenhouse gas emissions and use resources sustainably.

98 This development includes numerous sustainable features. The heavy concrete frame improves the thermal mass of the building, evening out the heating cycle. The concrete frame is flexible in accommodating future changes in design and use, extending its potential design life.

Full height glazing uses passive energy from solar gain especially where the rooms face south west, and reduces the need for artificial lighting. Excessive heat gain is moderated by solar blinds, tinted glass and louver ventilators.

The building is energy efficient, U-values being in excess of current Building Regulations. All ventilation systems will include heat recovery systems, providing pre-heated fresh air into corridor areas.

Low energy lighting will be extensively used throughout. Corridor lighting will be controlled by detectors to reduce power consumption.

Bathrooms are provided only with showers, together with aerated spray taps and shower heads, dual flush WC’s etc to reduce water use.

The scheme uses locally supplied materials, sub-contractors and suppliers in order to sustain the local economy and reduce the carbon emissions from deliveries and labour travel.

Waste collection and storage provides for separation of paper, glass and plastics from general waste, in excess of the Council’s minimum requirements.

A green roof is to be provided on the link block. Water collection for irrigation will be installed.

The scheme will meet BREEAM ‘very good’ as minimum, which is a requirement and covered by condition. Overall this is considered to be a good performance complying with Policy CS64.

Renewable Energy Generation

Policy CS65(a) requires all new development to provide a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy, provided that viability is not affected.

In view of the financial assessment confirming that there is insufficient return to justify affordable housing, by the same token there is no requirement for energy generation under Core Strategy policy. However, connection to the District Heating network is being considered. This is welcome.

Carbon Reduction

Policy CS65(b), requires all new development to reduce the development’s overall predicted carbon dioxide emissions by 20% provided that viability is not affected. The proposal performs well according to the Simplified Building Energy Model (SBEM) energy calculation tool. In fact it will provide 20% reduction in carbon

99 dioxide emissions compared with the notional building standard set by Government regulation, and this is also welcome.

Flood Risk

Core Strategy Policy CS67 requires that housing development is carried out preferably on sites with a lower probability of flooding.

The submitted Flood Risk Assessment confirms that the whole site is above the 1 in 100 year plus climate change flood level, based on the EA’s calculations of 2007. The site did not flood in June 2007, nor in 1973 which was a previous flood event of similar significance.

The student entrance is at 73m AOD, but the entrance from the footway is lower down the slope and accessible by a ramp whose lowest point appears to be about 600mm below the ground floor level at 73m AOD. This is insignificant in this location, and the proposal complies with Flood Risk requirements.

Design

Policy CS74 expects high quality development that takes advantage of the city’s topography, and of views and vistas to landmarks and skylines into and out of the city centre, that contributes to place-making and promotes the city’s transformation.

CS75 lists the Inner Ring Road as a gateway route with priority for improvement, and Policy CS76 accepts tall buildings on gateway sites and as a focal point for a vista.

Policy BE3 requires that development should not damage the traditional City Centre skyline or views or vistas important to the city’s character.

Policy BE5 encourages original architecture provided that (a) the new complements the scale, form and style of surrounding buildings, (b) a co-ordinated approach is taken where there is more than one building, (c) varied materials are used in large scale development with the overall mass broken down, (d) special architectural treatment is given to corner sites, (e) full advantage is taken of natural and built features.

The site falls within a potential tall building zone in the Council’s Urban Design Compendium. The Compendium requires detailed urban design analysis of a proposed tall building using montages to check its effect upon the city skyline and any important views.

The height and massing of the previous 30 and 18 storey scheme have been assessed using the Council’s 3D computer model. The main tower has only a moderate to low effect on the city’s skyline in long views, and is not considered to break the skyline unacceptably.

In some of the nearer views (e.g. the supermarket car park opposite, and from Margaret Street), the separation of the flats and student accommodation into two

100 towers enhances the legibility of the site, whilst reducing the bulk of the former wing. The secondary tower is not considered obtrusive in long views.

The “designing out” of the former wing is most welcome, successfully addressing a weakness in the approved scheme of 2004.

Frameless glazing of the previous scheme is proposed to all elevations, but the balconies have been deleted. Slim louver panels have been introduced in a series of random offset patterns to provide natural ventilation.

The panels comprise external fixed aluminium louvers with an internal hinged panel. This avoids traditional window patterns, whilst providing totally safe natural ventilation that will resist wind-blown rain.

As before, the solid areas will be clad in glass backed with an obscuration film, maintaining the fully glazed appearance.

Modelling is provided in the form of a projection occupied by the staircase and adjacent bedrooms. This runs the full height of the secondary tower.

The ground floor facades are as previously approved, namely anthracite colour cladding panels to the solid areas, full height sun box detail with glass fins and full height frameless glass glazing to the curved eastern corner.

The external design and materials are considered acceptable, subject to large scale details of the aluminium louvers, soffit treatment and external lighting.

Noise

Policy IB9 requires that new development should not cause residents to suffer from unacceptable living conditions owing to noise, odours or other risk to health and safety.

The main source of noise is from road traffic. The building is of the same construction as the 22 storey tower whose sound attenuation has already been validated.

There should be no difficulty in meeting the recommended conditions.

Refuse and Recycling

A bin store already approved to current standards has already been provided for on the lower ground floor beneath the 22 storey tower. Its provision and retention is required by condition.

Mobility Housing

Policy H7 of the UDP encourages a proportion of new housing to be Mobility Housing. Currently 5% of student accommodation should be to Mobility standards.

101 The 8 bed unit on Levels 1, 2 and 3 is provided with a fully equipped wetroom, including strengthened walls to take grabrails, and switches, sockets, window controls etc elsewhere in the flat at an accessible height. This represents 8% of the bedspaces in the development at Mobility standard, and is acceptable.

Corridors are 1200mm wide, lift lobbies are 2m wide, and internal doors with a structural opening of 910mm will have planted stops to achieve 775mm clear opening.

The revised drawings show narrow double doors at the top of the eternal ramp replaced with sliding doors, and reversed door swing to the lobby from the car park and to the lift lobby. However, the car park lobby requires further improvement so that those in wheelchairs are clear of the other door swing, and this is covered by condition.

External Works

No external works are applied for in this application. Brindle concrete paviours to the service area and Mistral Charcoal paviours to the front of the building have been approved previously under conditions attached to App No 04/02432/FUL.

The external works have been partly completed on site. There is no soft planting within the site boundary, as there is no room.

Public Open Space

Policy H16 of the Unitary Development Plan requires developers to ensure that there will be sufficient open space to meet the local needs of the people living there. Supplementary Planning Guidance sets out the basis of the calculation for a contribution to off-site provision, which comes to £157,020 for the student accommodation.

This is addition to the sum of £234,900 paid for 263 flats under Application No 04/02532/FUL.

The apart-hotel did not attract a public open space contribution.

Public Realm Enhancement

The applicant has agreed to resurface the footway and cycleway adjoining the site in the Inner Ring Road palette required by the Urban Design Compendium, and this is covered by condition.

Public Art

The previous scheme secured a sum of £30,000 by a Unilateral Planning Obligation under Section 106 to be spent in the vicinity of the site. This has not yet been paid, and a new Obligation is required to ensure payment of this figure.

102 Highways

The proposed student accommodation is likely to produce fewer vehicle movements than the apart-hotel already approved. In traffic terms the impact will be minimal.

The revised Travel Plan is acceptable, and includes two options for the Car Club. Either a third party will operate the Car Club with one space on Young Street and another subject to demand, with free membership for all residents and normal commercial arrangements for others. Alternatively the applicants will operate their own scheme subject to detailed approval. The details of the final choice are conditioned.

The previous scheme secured a sum of £13,750 by a Unilateral Planning Obligation under Section 106 for Sheffield Connect Signage to be spent in the vicinity of the site. This has not yet been paid, and a new Obligation is required to ensure payment of this figure.

RESPONSE TO REPRESENTATIONS

Objections: (1) A good site for student accommodation, being self-contained and away from suburban neighbourhoods, (2) and (3) See report above.

CONCLUSION

The wish to build the secondary tower and link block previously approved as student accommodation rather than as an apart-hotel arises from changed market conditions.

There are no planning objections to the change. The elevational alterations have been handled well.

The building displays a high level of sustainability, and the proposal will allow completion of a complicated development in trying economic circumstances. It will allow the previously approved replacement of the former 13 storey wing with a more suitable secondary tower to go ahead. The applicant is understood to be keen to proceed on site shortly.

RECOMMENDATION

Grant, subject to the recommended conditions and to a Unilateral Planning Obligation under Section 106 with the following Heads of Terms:

HEADS OF TERMS

(a) A financial contribution of £157,020 towards public open space in the vicinity of the site (b) A financial contribution of £30,000 towards public art in the vicinity of the site (c) A financial contribution of £13,750 towards Sheffield Connect signage in the vicinity of the site

103 (c) The above sums being increased in line with inflation if the development is delayed for 2 years or more.

104

Case Number 09/02065/FUL

Application Type A Full Planning Application

Proposal Erection of dwellinghouse (amendments to application 08/04676/FUL)

Location Land Adjacent 5 Tansley Drive Sheffield S9 1LH

Date Received 01/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent DLP Planning 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 dwellinghouse shall not be used unless the sight line, as indicated on the approved plans, has been provided. When such sight line has been provided, thereafter the sight line shall be retained and no obstruction to the sight line shall be allowed within the sight line above a height of 1 metre.

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

3 The gradient of the access road/driveway shall not exceed 1:12 for the first 10 metres from the highway, unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the safety of road users.

4 Within a period of 3 months from the date of this decision full details of the proposed retaining structures to the drive, including their finish and landscaping details, together with surface details for the drive, shall have been submitted to and approved by the Local Planning Authority. The approved details shall be implemented before occupation of the dwellinghouse.

In the interests of the visual amenities of the locality.

105

5 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.

6 Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) Order 1995, or any Order revoking or re-enacting that Order, no enlargement, improvement or other alteration of the dwellinghouse; which would otherwise be permitted by Class A to Part 1 of Schedule 2 to the Town & Country Planning (General Permitted Development) Order 1995 shall be carried out without prior planning permission.

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

7 The windows and door on the elevation of the dwellinghouse facing Tansley Street shall be glazed with obscure glass to a minimum privacy standard of Level 4 Obscurity and shall not at any time be glazed with clear glass without the prior written agreement of the Local Planning Authority.

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

Attention is drawn to the following justifications:

H14 - Conditions on Development in Housing Areas

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

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.

106 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.

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.

107 Site Location

BACKGROUND

Members will recall that there is a significant planning history relating to this site, the most recent of which relates to application reference 08/04676/FUL, which was a partly retrospective application for the erection of a dwelling, but one which was significantly larger than the original approval that was granted on appeal in 2006. The 2008 application was refused with enforcement action in March this year. An enforcement notice seeking the demolition of the property was subsequently issued and this has since been appealed against (although there is a question about the legality of the appeal, which is being considered by the Inspectorate at the present time). No further works have been undertaken at the site since that time.

LOCATION AND PROPOSAL

The application relates to an infill residential unit set between several residential curtilages. The site has already been subjected to excavation works as a result of a

108 previous approval on the site (allowed on appeal). The site originally sloped up from the highway, similarly to the adjoining property (Number 5). The section of the site that accommodates the proposed dwelling is set approximately three-metres above the highway.

The properties to the east of the piece of land fronting Tansley Street are set lower than the site, whilst the properties to the west are set significantly higher than the subject site.

The street scene along Tansley Drive is made up of predominantly two-storey semi detached brick built dwellings. However, the architectural styles differ greatly within a 40 metre radius of the site. The area is mostly residential in character.

Consent was given on appeal in 2006 to erect a dormer bungalow on the site. Since then several further applications have been received seeking amendments to the original scheme. This application seeks very small amendments to the previously approved scheme.

As development has already begun, this application is partly retrospective.

PLANNING HISTORY

Two applications were submitted for a dormer bungalow on the application site in 2005. Both were refused for the following reasons:

“The Local Planning Authority considers that the proposed design of the development by reason of its proportions, and position within the plot, which would result in excessive excavation, involving major retaining walls, is out of keeping with the character of the area and would be injurious to the visual amenities of the locality. In these respects the proposal is contrary to Policies BE5 and H14 of the Sheffield Unitary Development Plan and Supplementary Planning Guidance, Designing House Extensions.”

“The Local Planning Authority consider that the proposed development would constitute an over development of a site of restricted dimensions which would result in significant overshadowing and have an overbearing impact on occupiers of Nos. 46 and 48 Tansley Street. In these respects the proposal is contrary to Policy H14 of the Sheffield Unitary Development Plan and Supplementary Planning Guidance, Designing House Extensions.”

An appeal was lodged against application 05/04783/FUL and this was subsequently allowed conditionally by the Planning Inspector. It is officers view that this was a poor decision but it is one that is material in the determination of the proposal now before us.

In 2007 a further application was made (07/01368/FUL) which sought slight changes to include an integral garage and the excavation of some land along the driveway. As the principle of development had already been approved by the Inspector, the changes illustrated within application 07/01368/FUL were not considered to be any more harmful to the overall visual amenities of the area, or

109 the general amenities of the surrounding properties, then the original dormer bungalow that was allowed on appeal. This application was granted conditionally in September 2007.

In 2008 a further application (08/04676/FUL) was submitted which sought further amendments to raise the overall height of the dormer bungalow, relocate the front door to the side, and enlarge the building’s footprint by 0.5 metres in width. This was refused following a meeting of this Board for the following reason:

“The Local Planning Authority consider that, notwithstanding the earlier approval, the proposed revised design of the development, by reason of its overall scale and massing and the degree of additional excavation on the site, is out of keeping with the character of the area and would be injurious to the visual amenities of the street scene as well as adversely affecting the living conditions of occupiers of adjoining property by virtue of overshadowing, overbearing and overlooking. In these respects the proposal is contrary to Policies BE5 and H14 of the Unitary Development Plan.”

At the same time, Members authorised formal enforcement action to be taken and an enforcement notice has since been served, as detailed earlier in this report.

The current application has been lodged in an attempt to try and address the concerns raised above.

REPRESENTATIONS

There have been two representations expressing the following concerns:

- The proposal signifies only small changes to the external appearance but the principle is still unacceptable. - The level of excavation is still unacceptable. - These issues are addressed in the main body of the report.

ASSESSMENT

Policy Issues

The application site is situated within a residential area as defined in the Unitary Development Plan. The most relevant planning policies are therefore outlined in UDP Policy H10 and H14.

UDP Policy H10 states that housing is the preferred use within a Housing area, whilst Policy H14 sets out the criteria for development within such areas.

Amongst other things, UDP Policy H14 states that development will only be permitted provided that: a. new buildings and extensions are well designed and would be in scale and character with neighbouring buildings; and

110 b. 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; and c. it would provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians; and d. it would not suffer from unacceptable air pollution, noise or other nuisance or risk to health or safety; and

UDP Policy BE5 further stresses the importance of high quality design.

The Planning Inspector considered the principle of the development to be acceptable and as such the principle of developing the site for a single residential unit has been established. Whilst officers consider that this was an unfortunate decision, it is a significant material consideration in the determination of this application. The Inspector considered the dwelling to be acceptable within what they considered to be a varied streetscene and did not consider it to represent an overdevelopment of the site. The proposal for a dwelling on this site was therefore considered by the Inspector to be acceptable in terms of UDP Policies BE5 and H14.

Design Issues

This application is a revision to the application that was refused with enforcement action by Members in March 2009. It now seeks permission for only very small amendments to the scheme that was approved on appeal (and the subsequent minor amendment to that scheme).

The application made in 2008 that was refused with enforcement action in 2009, sought several changes to the overall massing and height. It sought to raise the roof height and alter the footprint marginally. However, these changes along with alterations to the door and window positions, including the enlargement of the front dormer windows were considered to have an adverse effect upon the character and appearance of the area.

It was claimed by the applicant that the enlargement of the building’s footprint was done in error and this current application, apart from the slight enlargement and small amendments to the door and window positioning, has provided a scheme that is almost identical to the plans that have previously been approved on this site.

It is important to understand what has been granted planning consent by the Inspector and the Local Planning Authority. Whilst the principle of development was an unwelcome decision by the Planning Inspector, that decision and reasoning has to be respected. The minor amendment application of 2007 was granted with this borne in mind.

The level of excavation along the drive already has permission, together with a building that has a footprint of 5.5 metres by 8.1 metres and an overall height of 9.1 metres (including the garage). The application which this report relates to has a building that is identical in all dimensions apart from the eastern elevation is 0.5 metres closer to the buildings on Tansley Street. The only other minor changes are

111 to the door which is now sited on the eastern elevation and a further window in the front elevation.

The design is almost identical to that previously approved. The level of excavation has been carried out in accordance with the approved plans dated 31st August 2007. The changes stipulated within this current application are not therefore considered to have a detrimental impact upon the surrounding area and the proposal is deemed to be acceptable in terms of UDP policies BE5 and H14.

Amenity Issues

The building’s overall scale and massing when viewed in relation to the neighbouring properties would be almost identical to the application granted in 2007. The only difference is that it is 0.5 metres wider. Furthermore, unlike the previous application of 2008, there are no changes to the overall height. In respecting the original Inspectors decision, it is concluded that this application does not alter the overall scale and massing to an extent that would significantly overbear/ overshadow any neighbouring property.

All the windows in the front and back elevations have identical outlooks to those granted at appeal and are not therefore considered to overlook any neighbouring property. It is acknowledged that two further windows and a door have been inserted in the side elevation facing Tansley Street, however, as the fence conditioned on appeal has been erected, these windows do not affect the living conditions of the neighbouring properties.

RECOMMENDATION

The principle of development on this site has already been considered acceptable by the Planning Inspectorate. The alterations outlined in this application only vary marginally from the approved plans of 2007. They are not considered significant enough from the approved scheme to be harmful to the amenities of the neighbouring properties or the visual amenity of the area. The changes are not therefore considered sufficient enough to warrant a refusal of the application.

Having regard to the Planning history, the proposal is therefore considered to be satisfactory with regards to its scale, siting and built form, and is therefore acceptable with regards to SPG guidelines and UDP policy H14.

Accordingly, the application is hereby recommended for approval subject to the listed conditions.

112

Case Number 09/01858/FUL

Application Type A Full Planning Application

Proposal Erection of a three-storey teaching building, refurbishment of existing two-storey teaching building and three storey residential care building, associated landscaping works, car parking, access and drop off point, cycle store, two polytunnels, shed and two sculpted willow teaching rooms

Location Bents Green Special School Ringinglow Road Sheffield S11 7TB

Date Received 12/06/2009

Team SOUTH

Applicant/Agent Building Design Partnership

Recommendation Grant Conditionally Subject to S of S

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 Details of all proposed external materials and finishes including the proposed hard surfacing details, the green roof and the solar shading, 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.

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

To ensure satisfactory drainage arrangements.

4 No development shall be commenced until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the Local Planning Authority. The drainage works shall be completed in accordance with the approved details and timetable agreed.

113

The following points shall be included within any detailed surface water drainage scheme for this site;

i) Surface water run-off from the proposed development to be discharged to the existing sewage system, with the 1 in 30 year storm stored below ground and the storage and attenuation of the 1 in 100 year storm, (plus allowance for climate change), as stated on page 3 of the submitted Flood Risk Assessment;

ii) The use of Sustainable Urban Drainage techniques along with rainwater harvesting as stated on page 4 of the submitted Flood Risk Assessment.

To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.

5 Before the development is commenced, details of the proposed means of disposal of foul and surface water drainage, including details of any balancing and off site works, shall have been submitted to and approved by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

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

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

7 Before work on site is commenced, full details of the access and facilities for people with disabilities, as shown on the plans, shall have been submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such access and facilities have been provided in accordance with the approved plans and thereafter such access and facilities shall be retained.

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

8 Prior to any works commencing on site, full details of the following shall have been submitted to and approved by the Local Planning Authority and the construction shall only be progressed in accordance with the approved details;

i) Construction method statement ii) Site safety iii) Construction vehicle ingress and egress

114 iv) Location of the site compound and temporary car parking arrangements for contractors v) Vehicular routes for construction traffic vi) Temporary waiting restrictions

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

9 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 brought into use.

Highway Improvements:

Ringinglow Road - provision of a layby for pick up and drop off, appropriate Traffic Regulation Orders will also be required to prevent long term parking.

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.

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

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

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

In the interests of the safety of road users.

12 Before the use of the proposed new building is commenced full details of the proposed covered, secure cycle parking provision for 26 cycles, shall have been submitted to and approved by the Local Planning Authority and such details as are agreed shall have been provided on site and shall thereafter be retained.

115

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

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

In the interests of the visual amenities of the locality.

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

In the interests of the amenities of the locality.

15 Before any work on site is commenced, a comprehensive and detailed hard and soft landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The landscape works shall be implemented prior to the development being brought into use or within an alternative timescale to be first agreed in writing with the Local Planning Authority. Thereafter the landscaped areas shall be retained and shall not be used for any other purpose without the prior consent of the Local Planning Authority. They shall be cultivated and maintained for a period of 5 years from the date of implementation and any plant failures within that five year period shall be replaced.

In the interests of the amenities of the locality.

16 Any external lighting proposed shall be low level and designed to avoid light pollution for adjoining properties.

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

17 The kitchen 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.

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

18 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.

19 Measures to protect tree T39, adjoining 26 to 28 Folkwood Grove and the new access driveway, shall include hand digging and root bridging as necessary, in order to minimise root disturbance within the canopy of the tree.

In the interests of the amenities of the locality.

20 Tree T33 shall be replaced with a semi-mature Oak tree, before the use of the new school building is commenced.

In the interests of the amenities of the locality.

21 Before the use of the new building is commenced, sufficient shrubs and trees shall have been planted between the school access driveway and The Lodge, to ensure the privacy of the occupants.

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

22 The existing stone gatepost on the Ringinglow Road frontage of the site, shall be retained and re-used for the widened vehicular entrance.

In the interests of the visual amenities of the locality.

23 Before the use of the proposed new school buildings is commenced details of stone gateposts for the new pedestrian access and any proposed new gates or railings, shall have been submitted to and approved by the Local Planning Authority and such details as approved shall have been provided.

In the interests of the visual amenities of the locality.

24 Before the use of the new buildings is commenced full details shall have been submitted to and agreed by the Local Planning Authority of all the proposed boundary treatments and such details as agreed shall have been provided.

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

Attention is drawn to the following justifications:

GE1 - Development in the Green Belt GE3 - New Building in the Green Belt BE5 - Building Design and Siting BE7 - Design of Buildings Used by the Public CF1 - Provision of Community Facilities

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

Attention is drawn to the following directives:

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

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

You should apply for a consent to: -

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

118 Sheffield S1 2SH

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

4. The applicant should install any external lighting to the site to meet the guidance provided by the Institution of Lighting Engineers in their document "Guidance Notes for the Reduction of Light Pollution". This is to prevent obtrusive light causing disamenity to neighbours. The Guidance Notes are available from the Institute of Lighting Engineers, telephone number (01788) 576492 and fax number (01788) 540145.

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

6. Prior to any works commencing on site a condition survey of the adjacent highway network will be jointly carried out and agreed by the Local Planning Authority and any remedial works required as a result of the development shall be carried out prior to the opening of the new school buildings.

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

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

119 the Local Planning Authorities Green Roof Planning Guidance on the Council web site.

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

Site Location

120 LOCATION AND PROPOSAL

The proposal involves the retention and refurbishment of the original 3 storey, stone residential building, on the site frontage and a 2 storey classroom block, at the rear of the site. The remaining buildings of varying periods and designs, fail to meet the accessibility requirements of a modern school and are to be demolished and replaced with a new 3 storey building, (58m long x 15m to 25m wide x 10.8m high to the parapet ), on a similar footprint.

The new school buildings, together with the refurbished classroom block, will provide 255 pupil places and will have 90 staff, a reception and staff offices, a conference room, a music area, sensory and support rooms, 19 classrooms, tutorial rooms, staffrooms, a sports hall with fitness studios, a common room, a library and male, female and disabled changing rooms, showers and wc’s.

The refurbished 3 storey residential block, will provide 10 bedspaces for permanent boarding of pupils, (3 suitable for use by disabled persons), 10 bedspaces for temporary boarding, for respite care, (1 of which is suitable for disabled use) and 4 bedspaces for staff, together with 3 lounges, 3 dining rooms, staffrooms, a managers office, stores, a lift, 2 stairwells and bathrooms, showers and wc’s.

The school grounds are to be well landscaped with play facilities incorporated. 2 outdoor willow classrooms are proposed, along with 2 sheds, an outdoor seating area and a refuse area.

The proposals will provide 44 car parking spaces, (including 3 disabled spaces). Most of these are for staff, with 2 spaces for visitors. 2 spaces will have electric car recharge points. 4 minibus spaces and 26 cycle parking spaces are also proposed.

Because this is a Special Needs school, most of the pupils arrive and depart by minibus and the access is therefore to be widened, with a turning circle and a minibus drop off point provided on site. A drop off point for parents’ cars, is also to be provided on the Ringinglow Road frontage. A new pedestrian access is to be provided adjoining the drop off point.

RECENT PLANNING HISTORY

06/02593/FUL – for the erection of a polytunnel, was granted on the 19 th of January 2007 and is to be retained under the redevelopment proposals.

06/04242/RG3 – for the erection of a temporary classroom, was granted on the 8 th of January 2007, but is to be demolished under the current proposals.

SUMMARY OF REPRESENTATIONS

2 letters were received asking that the proposals ensure adequate access, parking provision, drop off and pick up points, in order to reduce existing car parking congestion on Folkwood Grove and on Ringinglow Road, which often obscures visibility for cars exiting from Folkwood Grove and Thryft House.

121 1 letter of objection from a member of staff, regards the new buildings as ugly and soul-less and objects to the loss of a marble staircase in the residential building and the loss of trees and shrubs, in order to provide a new access with turning facilities.

1 letter asked for assurance that a tree, T39, adjoining Folkwood Grove, would be retained to ensure the privacy and amenity of Folkwood Grove residents and also asked if tree T33, could be retained.

1 letter was concerned that the proposals could affect The Lodge garden and that the new car parking on the driveway, would come too close to The Lodge, affecting their privacy.

PLANNING ASSESSMENT

Policy

The school is located within the Green Belt. The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open. There is a general presumption against ‘inappropriate’ development within green belts. ‘Inappropriate’ development is defined in PPG2 as development for purposes other than agriculture and forestry, essential facilities for outdoor sport and recreation, cemeteries, minor extensions or replacement of existing dwellings, limited infilling in existing villages and limited infilling or redevelopment of major existing developed sites identified in adopted local plans.

The proposed replacement school does not fall into any of the above categories. Annex C to PPG2 does allow for infilling or redevelopment of higher and further education establishments (HFEs). However, Bents Green is not a HFE and the concessions in Annex C cannot be applied to this proposal. The proposed development is therefore ‘inappropriate’ in accordance with PPG2. The proposal is also contrary to UDP Policies GE1 and GE3 which do not generally permit inappropriate development in the green belt and Policy GE4 which seeks to ensure that development is in keeping with the area. The development therefore represents a departure from the adopted development plan and has been advertised accordingly.

PPG2 and UDP Policies GE1 and GE3 do concede that ‘inappropriate’ development can be permitted if ‘very special circumstances’ can be justified. Very special circumstances will not exist unless the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.

The following ‘very special circumstances’ apply to the proposals.

- The school is an existing Special School, set within large, well landscaped grounds at the edge of the urban area. A calm, tranquil location is

122 considered a fundamental requirement in creating a suitable learning environment for the pupils with special needs.

- It will provide a care facility which will enable the Local Authority to provide care for vulnerable young people in the City, rather than having to split up families and assign children with special needs to care facilities in other parts of the country, as happens at present.

- The development will protect and improve the environment of the site by the removal of decaying and redundant structures and enhancing the landscape and ecology. It will also significantly increase access to and enjoyment of the landscape by students and residents by making areas that cannot currently be used safe and accessible.

- The proposed upgrade to the facilities at the school is essential in order to meet modern disabled access requirements and to comply with new child care and child protection legislation.

The proposals will be in line with the planning brief for the site, in that the new building will be rebuilt on a similar footprint to the existing building. However, a third floor of accommodation is required to a portion of the new building (the existing building is 2 storeys) in order to provide the level of new accommodation that is needed to deliver the quality of education provision expected in the 21 st century. The new 3 storey element covers approximately 500m 2. Whilst the increase in height in comparison to the existing building is significant, the 3 storey new build element will not exceed the chimney height of the retained 3 storey residential building and the clear benefits to the special needs community justify the increase in height proposed.

The building will be constructed in timber, with a flat roof to minimise its impact when viewed from the Green Belt and will be well screened by semi-mature and very heavy standard tree planting.

Having regard to the above, it is considered that there are very special circumstances sufficient to justify a departure from the relevant UDP policies.

The proposals will comply with Policy CF1, of the Sheffield Unitary Development Plan, 1998, (Provision of Community Facilities), which encourages the provision of local community facilities.

Sustainable Design

The proposals will not provide the 10% from renewable energy, required under Policy CS65, (Renewable Energy and Carbon reduction), initially. However, the school is intended to become carbon neutral by 2016 and this is to be achieved through the phased addition of solar water heating, solar photovoltaic panels and a biomass boiler.

The school will be a sustainable design and will comply with Policy CS64, (Climate Change, Resources and Sustainable Design of Developments). The school is to

123 be constructed to a BREEAM Very Good Rating, in renewable materials, using a blue grey brindled brick, with locally sourced timber cladding, timber windows and solar shading as appropriate. Natural light and ventilation are proposed throughout, together with energy efficient lighting and high levels of insulation. The entrance areas will be glazed, with zinc canopies over the entrances.

Rainwater is to be harvested for wc flushing and landscape watering and on site balancing is to be provided. Green habitat roofs are proposed, with some paved areas, for use as outdoor teaching space, hidden behind parapet walls.

The existing 1960’s block is to be refurbished with a new insulated roof and a thermally efficient timber framed glazing system.

The residential accommodation is also to be re-roofed to improve the energy efficiency of the building.

The school will be accessible throughout, with lifts, disabled toilets and level access showers provided.

A piece of public artwork is to be commissioned for the central courtyard and will involve a water feature.

Design, Landscaping and Impact

The school is set within landscaped grounds and the existing boundary trees and shrubs are to be retained wherever possible. Some trees will have to be removed along the North and West boundaries, in order to provide the new access and turning facilities and these will be replaced with semi-mature and extra heavy standard trees, minimising the impact upon the Green Belt.

The use of timber as the main facing material will also help to soften the impact of the buildings upon the Green Belt, when viewed from the playing fields to the rear of the site. A screen of trees around the playing fields averts any long views of the school, from the Green Belt.

The original building on the site is a 3 storey Victorian stone villa and this will continue to be the most prominent building viewed from the site frontage on Ringinglow Road.

The new buildings will be set back 67m away from Ringinglow Road and will be part 2 storey and part 3 storeys high. The 3 storey part will be 300mm higher than the ridge of the Victorian villa, but will be 200mm lower than the ridges of the adjoining houses on Folkwood Grove. The new buildings will be well screened by an existing stone boundary wall and mature boundary trees on the Ringinglow Road frontage and this is considered to be acceptable within the street-scene.

The nearest residential property on Ringinglow Road, is 75m away and is screened by boundary trees and it is considered that the new buildings should not have any undue impact at this distance.

124 The Caretaker’s Lodge is 50m away from the proposed new buildings and will be screened by a boundary wall and ornamental trees and shrubs, alongside the driveway.

The new 2 storey buildings are 29m away from the side elevation of 26 and 28 Folkwood Grove and will step up to 3 storeys high, at a distance of 55m away. 26 and 28 Folkwood Grove are screened by a mature boundary tree, which is to be retained to ensure their privacy.

The site adjoins Work Ltd, who work in conjunction with the school and arrangements have been made to secure their access and car parking.

Highways

With 90 staff proposed, the car parking provision is around 1 space per 2 staff and this complies with the Yorkshire and Humber Regional Spatial Strategy, car parking guideline, of 1 space per 2 to 4 staff.

The cycle parking provision is only 1 space short of the Sheffield Unitary Development Plan, 1998, cycle parking guideline, of one space per 10 pupils and 1 space per 40 staff and this is considered to be acceptable.

The school has a Travel Plan which encourages staff to use car sharing, bicycles or public transport.

The proposals will provide more car, cycle and mini bus parking, than at present and will widen the access, provide new turning facilities and improve vehicular circulation on the site. A new pedestrian access, will give better vehicular/pedestrian segregation and a new drop off point on the site frontage will enable parents to drop off pupils without interrupting traffic flow. Altogether the proposals are considered to be a major improvement in highway terms.

RESPONSE TO REPRESENTATIONS

The proposals will improve vehicular and pedestrian access, on site circulation and drop off and pick up and will provide more car and cycle parking than at present, which should help relieve existing car parking congestion problems on Ringinglow Road and Folkwood Grove.

The access widening is on the other side of the driveway and the garden area of The Lodge is not affected. The plans have been amended to include a driveway and car parking space for The Lodge and the nearest parking space on the school driveway, has been deleted to allow the provision of shrubs and trees, to screen The Lodge.

125 The proposals will retain tree T39, as requested and the new retaining wall to the site boundary will be constructed using hand digging and root bridging, as necessary to avoid damage to this tree. Tree T33 has to be removed in order to provide satisfactory access and turning facilities, but is to be replaced with a semi mature Oak tree.

SUMMARY AND RECOMMENDATION

The proposals involve the retention and refurbishment of a Victorian Villa on the site frontage, (which is used for residential boarding accommodation for pupils) and a 1960’s classroom block. The remaining, mainly single storey buildings on the site, provide poor accessibility are not energy efficient and do not meet modern child care standards and are to be demolished and rebuilt, on more or less the same footprint, at 2 or 3 storeys high.

The new buildings will be constructed with a blue grey brindled brick base, with timber above and should be acceptable within the street-scene. The school will increase to 255 pupils and 90 staff and will provide 44 car parking spaces, 26 cycle spaces and 4 minibus spaces. The proposals will improve pedestrian and vehicular access and turning facilities and will provide a new drop off / pick up point on the site frontage.

The site is set within large well landscaped grounds, with playing fields to the rear and it is considered that the proposals should not have any undue impact upon the street-scene, nearby residents or upon the Green Belt. The proposals are recommended for approval subject to appropriate conditions and subject to no adverse direction from the Secretary of State.

126

Case Number 09/01719/FUL

Application Type A Full Planning Application

Proposal Demolition of existing building and erection of 6 no. Supported Living Units for adults with learning disabilities with ancillary accommodation (Amended drawings 29/07/2009)

Location Site Of Former Heeley National School Gleadless Road Sheffield S2 3AL

Date Received 05/06/2009

Team SOUTH

Applicant/Agent Gerald Bushby

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.

3 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

Highway Improvements:

127

Gleadless Road - necessary alterations to existing pedestrian crossing including revisions to Traffic Regulation Order.

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.

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

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

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

In order to ensure an appropriate quality of development.

6 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 development 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.

7 Before any work on site is commenced, a comprehensive and detailed hard and soft landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The landscape works shall be implemented prior to the development being brought into use or within an alternative timescale to be first agreed in writing with the Local Planning Authority. Thereafter the landscaped areas shall be retained and shall not be used for any other purpose without the prior consent of the Local Planning Authority. They shall be cultivated and maintained for a period of 5 years from the date of implementation and any plant failures within that five year period shall be replaced.

In the interests of the amenities of the locality.

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

In the interests of the amenities of the locality.

128 9 The two feature stones at the tops of each gable of the existing building fronting Gleadless Road shall be incorporated into the exterior of the proposal. Prior to the commencement of development details of the design shall have been submitted to and agreed in writing by the Local Planning Authority. Such agreed details shall be incorporated into the building and retained thereafter.

In the interests of the visual amenities of the locality.

10 The obscure glazing to the side facing window of flat 5 shown on drawing No. 2102/01A shall be glazed with obscure glass to a minimum standard of Level 4 obscurity and shall be permanently retained in that condition thereafter.

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

11 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.

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

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

13 The dwellings hereby approved shall be constructed to achieve a minimum standard of Code Level for Sustainable Homes Level 3 and before any dwelling is occupied (or within an alternative timescale to be agreed) the relevant certification, demonstrating that Code Level 3 has been achieved, shall be submitted to and approved in writing by the Local Planning Authority.

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

14 Unless it can be shown not to be feasible and viable, before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided:

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

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

In order to ensure that the new development makes energy savings in the interests of mitigating the effects of climate change, in accordance with Sheffield Development Framework Core Strategy Policy CS65.

Attention is drawn to the following justifications:

H5 - Flats, Bed-sitters and Shared Housing H14 - Conditions on Development in Housing Areas H15 - Design of New Housing Developments CS65 - Renewable Energy and Carbon Reduction

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

Attention is drawn to the following directives:

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

Site Location

LOCATION AND PROPOSAL

The site is located on the north side of Gleadless Road on the east side of a Local Shopping Centre. The site comprises the former Heeley School, last used as a place for worship, but it has been vacant for a number of years and has fallen into a state of disrepair. The two storey building fills virtually the whole site and probably dates back to the nineteenth century. It is built of large, coursed stone blocks in an unsophisticated style with hints of Gothic design in the double gabled arched windows that face Gleadless Road. There is a feature stone inset into the top of each gable, one saying ‘Heeley School’ and the other is a date stone.

The land rises to the east along Gleadless Road and north at the rear of the site. The two storey terraced houses to the east and the building behind tend to

131 dominate the site. To the west, there is a narrow, cobbled track leading to Denmark Road, where vehicle access is blocked. There is a Day Nursery beyond the cobbled track and across Gleadless Road is a Community Centre and more housing.

In front of the site are traffic restrictions and a bus stop.

This is a full planning application, as amended to demolish the existing building on the site and replace this with a building containing Supported Living Units for six people with learning disabilities with ancillary accommodation (Use Class C2).

It is proposed to erect a two storey brick building with stone features and a pitched roof on the site. This would front directly onto Gleadless Road with a long side elevation onto the cobbled track at the side.

At the rear there would be a blank elevation and garden area. On the east side, an access would lead along the side of the building to the garden.

Each of the six living units would comprise a bedroom, kitchen, lounge and bathroom. There would be two on the ground floor along with a staff room, office and recreation room and the four other living units on the first floor.

There is no on-site parking provision. This proposal is virtually the same as an earlier planning consent.

REPRESENTATIONS

Four letters have been revised from neighbours:

- Concerns about the staffing levels for future residents; - Two date stones in the existing building should be kept and incorporated into the new building; - Concern about the effect of demolition of the existing building on the adjacent property; - Dust and debris from building works; - Concern that the cobbled track at the side would be closed; - Noisy and busy location for a use that should be in a quiet and peaceful area.

RELEVANT HISTORY

02/03456/OUT - Residential development for 6 to 8 adults – supported living – outline consent granted on 9 April 2003.

04/04011/REM - Erection of 6 supported living units for adults with learning difficulties – reserved matters consent granted on 25 November 2004.

PLANNING ASSESSMENT

Land Use Policy

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The site is located within a Housing Policy Area, consequently Policy H10 of the Adopted Unitary Development Plan (UDP) applies. This policy refers to Housing as being the preferred use, however, residential institutions (Use Class C2) are specified as being acceptable in principle. Additionally Policy H8, H14 and H15 are required to be satisfied.

Layout, Design And External Appearance

Policy H14 of the UDP says that new buildings should be well designed in terms of scale and character. Policy BE5 expects good quality design and the use of good quality materials. Policy H15 deals with the design and layout of new housing (including residential institutions) and this states that there should be easy access within the site and adequate gardens or communal open space. Policy H8 deals with housing for people in need of care and a reasonable and attractive area of accessible private open space should be available.

The scale, design and external appearance is virtually the same as the 2004 approval, ref: 04/04011/REM, so a precedent has been set. The existing building on the site does have a historic context as it was a stone school probably dating back to Victorian times. However it is not Listed and is in such a state of disrepair and decay that it cannot reasonably be expected that the applicant restore this.

The scale of the proposal is similar to the terraced housing in the area, specifically relating to eaves and ridge heights. The elevation fronting Gleadless Road features a gable on one half of the front and this breaks the scale down so that this reflects the scale of two terraced houses.

Gleadless Road, at this point, falls from east to west and the application site is significantly lower than the adjoining property. The drawings indicate that the eaves and ridge level of the proposal would be lower than the adjoining house, 249 Gleadless Road. This would continue the street rhythm whereby houses step down the street.

The proposal would extend the full depth of the site with a garden area at the rear, next to the garden of the adjoining terraced house. The impact of the two storey side elevation on the street scene is limited because trees and landscaping on the adjoining site to the west would screen it.

At the rear the development would, because of levels, be a mix of one and two storeys. A blank wall would face the building at the rear, which is at a higher level. There would be a distance of 11 metres between the proposal and the existing building, which is acceptable.

Access to the site would be acceptable, served by steps and a ramp at the front. A path would lead to the rear garden which would be approximately 50 square metres in area.

The external appearance would be of reconstituted stone, with natural stone features and a slate roof. There is a mix of building types and styles in the area

133 and a stone building on this site is considered to be acceptable. There are two Feature Stones in the gables of the existing buildings and it would be beneficial of these could be incorporated into the external fabric of the proposal and controlled by a condition.

The scale, layout and design is acceptable and in line with the relevant policy criteria.

Impact On Neighbours’ Amenities

Policy H14 of the UDP says that residents should not be deprived of privacy or light.

The adjoining house is at a higher level than the application site and there is a blank gable wall facing it. There are some windows associated with the proposal that face this neighbour at a distance of 1.5 metres, but because of the existing blank wall, there would be no loss of privacy.

The windows of the proposal are associated with the living units but other windows will provide light and aspect, so the amenities of future occupants would not be affected.

The property at the rear of the application site, 243 Gleadless Road has two windows facing the rear of the proposal at a distance of 11 metres, but these face a blank wall of the proposal and there are trees between them. There are some windows, associated with flats 2 and 4 that face the rear, but there is about 17 metres separation, at an oblique angle with trees in between, so overlooking would not arise here.

The rear garden of 249 Gleadless Road which adjoins the application site is at a higher level than the proposal with a 1.7 metre high boundary wall, along the side. There is a side facing window associated with the proposed first floor flat No. 5, but the drawings show that obscure glass is proposed for that part of this projecting window that faces the garden. This would resolve any potential overlooking of the neighbours’ garden and be controlled by a condition.

The proposal would be of a similar scale and massing to existing buildings and be at a lower level than the two immediate neighbours. Consequently, there would be no overdominance caused by the proposal.

The impact on resident’ amenities would be acceptable, in line with Policy H14 of the UDP.

Amenities Of Future Residents

Policy H15 of the UDP says that new housing development should have adequate garden space and that basic standards of daylight, privacy and outlook should be met. Also, this is reflected in Policy H5 of the UDP which deals with Flats and Shared Housing.

134 With respect to garden area, an area of hard surfaced shared amenity space would be provided, giving in excess of 50 square metres of useable garden area.

The issue of outlook and privacy has already been touched upon earlier in this report. Even with some windows facing the adjoining blank elevation, it is considered that all flats would have sufficient light and outlook.

Flat 1 is at ground floor level and faces Gleadless Road, but would be raised above the road level and there would be no direct views into the flat. There is a public right of way along the side of the proposal, but there would be no flats at ground level here, only an office, laundry and communal recreation room. Therefore there would be no potential for a loss of privacy.

There would be no conflict with policies H15 or H5.

Parking, Highways And Transportation

There is no parking provision in this scheme. Residents would not have a car and the applicant has confirmed that a maximum of 3 staff would be on duty at any one time. Ideally, some off street parking provision would be appropriate, the site is well served by public transport, with a bus stop very close by and there is a free public car park in Heeley Green Shopping Centre, which is close to the site. In addition, the precedent for no parking has been established by the earlier consent and since that approval, there is increased emphasis in reducing vehicle movements and carbon emissions.

It is considered appropriate for cycle parking to be provided and this can be controlled by a condition.

There is a pedestrian crossing on Gleadless Road, very close to the site and the controller for this on the north side of the road would need to be relocated for the access ramp to be constructed. This relocation would be controlled by an appropriate condition.

Disabled Access

The amended plans show that the arrangements to allow access for disabled people are acceptable with the possible exception of the ramp at the front which leads from Gleadless Road to the main entrance to the proposal. Guidelines state that the maximum gradient should be 1 in 12 but site constraints should also be taken into account. There is a limited amount of space available for the ramp and the best that can be achieved is a gradient of 1 in 10, which is considered to be acceptable.

This provision would be controlled by a condition.

Landscaping

The whole site would be completely cleared and there are no trees on the site. The drawings accompanying the application show that there is some landscaping

135 proposed at the front of the site and within the rear garden. The provision of this would be controlled by a condition. Details of the boundary treatment, particularly at the rear also need to be submitted and these would be controlled by a condition.

Renewable Energy and Suitability

The Sheffield Development Framework Core Strategy has been adopted and Policy CS64 - Resources and Sustainable Design Developments, which deals with climate change, says that all new buildings must be designed to reduce emissions of greenhouse gases. A high standard of energy efficiency is expected, making the best use of solar energy, passive heating and cooling, natural light and natural ventilation and minimise the impact on existing renewable energy.

Policy CS65 is concerned with Renewable Energy and Carbon Reduction says that all significant development should provide a minimum of 10% of predicted energy needs from renewable or low carbon energy.

The applicant has stated that energy efficient measures would be incorporated in the form of high level insulation, double glazing, draft proofing, localised temperature controls, condensing boilers and cycle provision. Permeable hard surfaces would also be used to reduce surface water run off to drains. Other measures include low level external lighting and reduced water usage.

The applicant has also stated that it may be possible to use solar panels or biomass boilers to help heat water.

It is considered that the proposal meets the provision of the policy criteria but a condition would also be attached ensuring that the criteria is met.

Historical Issues

The report states earlier that there is a historical context to the existing building. It is an old, stone building probably dating back to Victorian times. It is in a very poor condition, not listable and it would be unreasonably expensive to incorporate it into the proposal. However, no development should take place until a programme of investigation has taken place to see if there are any archaeological remains at the site. This would be controlled by an appropriate condition.

A report by the University of Sheffield’s Archaeological Consultancy has been submitted by the applicant which records in some detail, the history and features of the building.

RESPONSE TO REPRESENTATIONS

Some responses have already been set out in the report, but some other comments are required.

The staffing levels would be established by the appropriate statutory bodies, but it is indicated that up to 3 staff would be on duty at any one time.

136 The demolition would be a controlled operation.

The cobbled track at the side would not be closed.

SUMMARY AND RECOMMENDATION

This application proposes the demolition of an existing stone building fronting Gleadless Road and replacement with a two storey stone building with a pitched roof. This would extend over most of the site, would have a garden area at the rear and would comprise six living units for people with learning difficulties and ancillary accommodation.

This proposal has received earlier planning consents and this application is very similar to the earlier approvals. The design is acceptable and there would be no harm to the proposal would have satisfactory living conditions.

No off street car parking is proposed but this is not considered to be essential given the good transport links.

The application meets the policy criteria set out in this report, is considered to be acceptable and is recommended for conditional approval.

137

Case Number 09/01650/FUL

Application Type A Full Planning Application

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

Location Dr John Worrall School Maltby Street Sheffield S9 2QA

Date Received 01/06/2009

Team CITY CENTRE AND EAST

Applicant/Agent Bond Bryan Architects (Fountain Precinct)

Recommendation GRA GC subject to Legal Agreement

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

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

(a) Windows. (b) Window reveals. (c) Doors. (d) Eaves and verges. (e) Signage. (f) Retaining features.

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

138

In order to ensure an appropriate quality of development.

4 Before any work on site is commenced, a comprehensive and detailed hard and soft landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The landscape works shall be implemented prior to the development being brought into use or within an alternative timescale to be first agreed in writing with the Local Planning Authority. Thereafter the landscaped areas shall be retained and shall not be used for any other purpose without the prior consent of the Local Planning Authority. They shall be cultivated and maintained for a period of 5 years from the date of implementation and any plant failures within that five year period shall be replaced.

In the interests of the amenities of the locality.

5 Before the development is commenced, full details of proposals for the inclusion of public art within the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall then be implemented prior to the occupation of the development unless otherwise authorised in writing by the Local Planning Authority.

In order to satisfy the requirements of Policy BE12 of the Unitary Development Plan and to ensure that the quality of the built environment is enhanced.

6 Before the development is commenced, actual or potential land contamination and ground gas contamination at the site shall have been investigated and a Phase 1 Preliminary Risk Assessment Report shall have been submitted to and approved in writing by the Local Planning Authority. The Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004).

In order to ensure that any contamination of the land is properly dealt with.

7 Any intrusive investigation recommended in the Phase I Preliminary Risk Assessment Report shall be carried out and be the subject of a Phase II Intrusive Site Investigation Report which shall have been submitted to and approved in writing by the Local Planning Authority prior to the development being commenced. The Report shall be prepared in accordance with Contaminated Land Report CLR 11 (Environment Agency 2004).

In order to ensure that any contamination of the land is properly dealt with.

8 Any remediation works recommended in the Phase II Intrusive Site Investigation Report shall be the subject of a Remediation Strategy Report which shall have been submitted to and approved in writing by the Local Planning Authority prior to the development being commenced The Report shall be prepared in accordance with Contaminated Land Report CLR11

139 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

In order to ensure that any contamination of the land is properly dealt with.

9 All development and associated remediation shall proceed in accordance with the recommendations of the approved Remediation Strategy. In the event that remediation is unable to proceed in accordance with the approved Remediation Strategy, or unexpected contamination is encountered at any stage of the development process, works should cease and the Local Planning Authority and Environmental Protection Service (tel: 0114 273 4651) should be contacted immediately. Revisions to the Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority. Works shall thereafter be carried out in accordance with the approved revised Remediation Strategy.

In order to ensure that any contamination of the land is properly dealt with.

10 Upon completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy a Validation Report shall be submitted to the Local Planning Authority. The development or any part thereof shall not be brought in to use until the Validation Report has been approved in writing by the Local Planning Authority. The Validation Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

In order to ensure that any contamination of the land is properly dealt with.

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

In the interests of satisfactory and sustainable drainage.

12 No piped discharge of surface water from the application site shall take place until works to provide satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

To ensure that the site is properly drained and surface water is not discharged to the foul sewerage system which will prevent overloading.

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

To ensure that the development can be properly drained.

140 14 Unless otherwise approved in writing by the Local Planning Authority, no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

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

15 Surface water from vehicle parking and hardstanding areas shall be passed through an interceptor of adequate capacity prior to discharge. Roof drainage shall not be passed through any interceptor.

In the interests of satisfactory drainage.

16 Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 6.0 (six) metres either side of the centre line of the sewers which cross the site.

In order to allow sufficient access for maintenance and repair work at all times.

17 The development shall be carried out in accordance with plan reference 06- 076 (06)001 PL 5 received on 4 September 2009, which shows a 4-metre easement around the culverted watercourse.

To ensure access for future maintenance and repair can be maintained and to avoid loading on the culvert.

18 The surface water discharge from the site shall be subject to a reduction of at least 30% compared to the peak flow of its previous use and the detailed proposals for surface water disposal, including calculations to demonstrate the reduction, must have been submitted to and approved in writing by the Local Planning Authority prior to commencement of development.

To ensure satisfactory drainage arrangements.

19 No development shall take place until the applicant, their agent, or their successor in title has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation that has been submitted to and approved in writing by the Local Planning Authority.

20 Unless otherwise agreed in writing by the Local Planning Authority, before first occupation, the car parking accommodation as shown on the approved plans shall have been provided in accordance with those plans and

141 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.

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

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

22 The sole means of vehicular ingress to and egress from the site shall be gained from and to Brompton Road, unless otherwise agreed in writing by the Local Planning Authority.

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

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

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

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

In the interests of the safety of road users.

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

In order to ensure an appropriate quality of development.

142 26 Prior to the commencement of development, a Framework Travel Plan, designed to: reduce the need for and impact of motor vehicles, including fleet operations; increase site accessibility; and to facilitate and encourage alternative travel modes, shall have been submitted to and approved in writing by the Local Planning Authority. The Framework Travel Plan shall include:

a) Clear and unambiguous objectives, modal split targets and an indicative programme of implementation b) A monitoring, review and reporting programme in accordance with Sheffield City Council's 'Monitoring Schedule'; and, c) Details of arrangements to inform future occupiers of the requirement to develop, implement and monitor detailed Travel Plans, in accordance with the approved Framework Travel Plan and the condition outlined below.

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

27 Prior to the occupation of any part of the development, a detailed Travel Plan(s), designed to: reduce the need for and impact of motor vehicles, including fleet operations; increase site accessibility; and to facilitate and encourage alternative travel modes, shall have been submitted to and approved in writing by the Local Planning Authority. Detailed Travel Plan(s) shall be developed in accordance with a previously approved Framework Travel Plan for the proposed development, where that exists. The Travel Plan(s) shall include:

a) Clear and unambiguous objectives and modal split targets; b) An implementation programme, with arrangements to review and report back on progress being achieved to the Local Planning Authority in accordance with the 'Monitoring Schedule' for written approval of actions consequently proposed, c) The results and findings of the monitoring shall be independently verified/validated to the satisfaction of the local planning authority. d) The verified/validated results will be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

On occupation, the approved Travel Plan(s) shall thereafter be implemented, subject to any variations approved in writing by the Local Planning Authority.

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

143 28 At no point shall any part of the site be used for open storage.

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

29 Before each unit is occupied a level threshold shall have been provided to the main entrance of that unit.

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

30 Unless it can be shown not to be feasible and/or viable, before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided:

a) A minimum of 10% of the predicted energy needs of the of the completed development being obtained from decentralised and renewable or low carbon energy; and

b) The Generation of further renewable or low carbon energy or incorporation of design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy to satisfy (a)

In order to ensure that new development makes energy savings in the interests of mitigating the effects of climate change, in accordance with Sheffield Development Framework Core Strategy Policy CS65.

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

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

32 Notwithstanding the hereby approved plans, the waste recycling area closest to the Brompton Road entrance is not approved, and, before

144 development commences, the following details shall have been submitted to and approved in writing by the Local Planning Authority:

1. A revised location for this waste recycling area.

2. Screens for the waste recycling areas.

3. Sufficient cycle parking and associated equipment.

The development shall be carried out in accordance with these details thereafter.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

IB6 - Development in Fringe Industry and Business Areas IB9 - Conditions on Development in Industry and Business Areas CS63 - Responses to Climate Change CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction CS67 - Flood Risk Management

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

Attention is drawn to the following directives:

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

2. To ensure that the road and/or footpaths on this development are constructed in accordance with the approved plans and specifications, the work will be inspected by representatives of the City Council. An inspection fee will be payable on commencement of the works. The fee is based on the rates used by the City Council, under the Advance Payments Code of the Highways Act 1980.

145

If you require any further information please contact Mr S A Turner on Sheffield (0114) 2734383.

3. You are required as part of this development, to carry out works within the public highway: As part of the requirements of the New Roads and Street Works Act 1991 (Section 54), 3rd edition of the Code of Practice 2007, you must give at least three months written notice to the Council, informing us of the date and extent of works you propose to undertake.

The notice should be sent to:-

Sheffield City Council Highways and Transport Division Howden House 1 Union Street Sheffield S1 2SH

For the attention of Mr P Vickers

Please note failure to give the appropriate notice may lead to a fixed penalty notice being issued and any works on the highway being suspended.

146 Site Location

PROPOSAL

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

The submitted floor plans show single height units, however there is potential within each unit for a mezzanine level to be introduced. The proposal will include several small landscaping areas, a sub-station and a car parking area.

LOCATION

This site formally housed Dr John Worrall School, which was closed in 2004 when pupils were relocated to new facilities in the city. The school building itself stood empty until 2006 when it was demolished. The old caretaker’s house is still on the site, but will be removed as part of this application.

147

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

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

PLANNING ASSESSMENT

Land Use

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

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

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

Policy CS3: Locations for Office Development within the Sheffield Development Framework Core Strategy (CS) advocates a spatially focused approach to B1 office uses. Under section c) of CS3 only small scale offices are advocated in this location, small scale being defined as no more than 1,000 square metres gross internal floor space. No single unit will create this floor space.

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

Flooding

Policy CS67: Flood Risk Management within the CS sets criteria in which it seeks to reduce the extent and impact of flooding. The policy states that it is preferable for new development to be focused on sites with a lower probability of flooding and that relative risks should be considered through a Sequential Test. CS67 also recognises that exceptions to this may be required in circumstances where there are no suitable lower risk sites.

The western section of the site is set within Flood Zone 2 and, as a consequence, the applicant has submitted a comprehensive Sequential Test with the application. The boundary for the test was agreed to be limited to areas identified for business and industry uses within the Lower Don Valley Masterplan. It was considered

148 reasonable to allow this document to form the boundary of the test area, as it defines areas within the Lower Don for which regeneration should be focused.

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

The application has also been accompanied by a Flood Risk Assessment. The Environment Agency have confirmed that they are happy with the submitted assessment, having insisted that a 4-metre easement is retained on either side of the culverted watercourse.

This application is therefore considered to have met the relevant requirements within Policy CS67.

Sustainability

Policy CS64: Climate Change, Resources and Sustainable Design of Development within the CS sets out a suite of requirements in order for all new development to be designed to reduce emissions. In practice, to satisfy the main body of the policy non-residential developments should achieve a BREEAM rating of very good. The applicant has agreed to meet this standard as part of the development.

Policy CS65: Renewable Energy and Carbon Reduction requires new developments to achieve the following standards, unless it can be demonstrated that it is not feasible and/or viable: a) The provision of a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy. b) The generation of further renewable or low carbon energy or the incorporation of design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%.

The applicant has requested that, given the rather speculative nature of this proposal, the requirements of Policy CS65 are conditioned and the feasibility and viability elements are looked into further, which is considered to be reasonable in this circumstance.

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

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

149 Mobility Issues

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

Highways

Section f) of Policy IB9: Conditions on Development in Industry and Business Areas within the UDP states that new development should be adequately served by transport facilities and provide safe access to the highway network and appropriate off-street parking.

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

Owing to the approval of recent developments Junction 34 has reached optimum capacity and, as a result, any significant developments within the surrounding area will add further undue pressure to the highway network at this location. As a way to mitigate this, the Local Authority is planning to build the Junction 34 Relief Road, largely in order to reduce the demand created by local traffic. In order for this development to be considered acceptable from a highway perspective a contribution towards this relief road is required, in this instance the sum will be £45,000. This is calculated using a figure of £7,500 per movement during AM peak time on a typical day, which in this instance equates to 6 movements.

Design

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

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

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

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

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

Landscape

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

Surrounding Amenity

The proposed units will be in close proximity to several surrounding uses. However, given that these uses are commercial in nature this gives rise to no amenity concerns.

SUMMARY AND RECOMMENDATION

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

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

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

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

The proposal will provide a suitable level of car parking and the applicant will contribute towards the creation of the Junction 34 Relief Road, in order to mitigate any extra traffic that is generated through Junction 34 as part of this development.

The proposal is therefore recommended for conditional approval subject to the completion of a legal agreement.

Heads of Terms

1. A sum of £45,000 shall be paid to the Council towards the creation of the planned Junction 34 Relief Road.

151

Case Number 09/01412/CAC

Application Type Conservation Area Consent Application

Proposal Demolition of building

Location 121 Eyre Street Sheffield S1 4QW

Date Received 05/05/2009

Team CITY CENTRE AND EAST

Applicant/Agent Todd 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 Planning (Listed Buildings and Conservation Areas) Regulations 1990.

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

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

Attention is drawn to the following justifications:

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

BE15 - Areas and Buildings of Special Architectural and Historic Interest BE16 - Development in Conservation Areas BE17 - Design & Materials in Areas of Special Character or Historic Interest and guidance within PPG15

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

152

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. As the development is likely to involve the erection of hoardings to enclose the site during construction, the developers attention is drawn to the Councils strategy to control fly-posting.

Part of the strategy is to accept fly-posting on such hoardings under the terms set out in the Council statement below. The aim is to avoid fly-posting in more sensitive locations and you are asked to support this objective by not taking action to prevent such bill-posting, though you may wish to direct the activity to specific hoardings at the site.

STATEMENT OF SHEFFIELD CITY COUNCIL

UNAUTHORISED BILL POSTING - CIRCUMSTANCES IN WHICH THE COUNCIL WILL NOT TAKE ACTION TO REMOVE, OR OBSCURE POSTERS, OR TO PROSECUTE THOSE RESPONSIBLE

1. This statement is made solely in respect of the Council's function as a Local Planning Authority and the powers thereby conferred upon it. It does not relate to any other powers possessed by the Council or its actions in respect of any property in which it has an interest.

2. This statement does not confer any legitimacy on the sticking of posters/bills on structures or property without the consent of the owner or other person having an interest in that property, nor legitimacy under the Town and Country Planning Acts or any other relevant legislation.

3. This statement does set out, as far as possible the locations, and circumstances in which bill-posting may normally take place without the adverse affect on public amenity or highway safety being of such a degree that the Council would deem it necessary to take action against those carrying out, or benefiting from, the activity or to remove or deface the offending advertisement.

153 4. Given that it is not possible to specify every location or circumstance which may occur in practice the Council reserves the right to take whatever action it deems necessary without notice in respect of unauthorised bill- posting notwithstanding part 3 above.

5. Bill-posting on the following structures would not normally result in action being taken under the Planning Acts.

(a) Hoardings screening development sites.

(i) Only bill-posting on hoardings to sites where building work is underway shall be generally exempt from action being taken by the Council. In all other cases bill-posting shall not take place unless the Council have been notified and subsequently confirmed that they are not minded to take action in respect of a specific site.

(ii) The posters shall be displayed and maintained in a neat and tidy manner with a border left above the posters and at least 0.5 metre between the bottom of any poster and ground level.

(iii) Existing authorised advertisements or artwork shall be respected.

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

154 Site Location

LOCATION AND PROPOSAL

This application relates to the site of S&E Funeral Directors, which is situated fronting Eyre Street to the north-west, Eyre Lane to the south-east and Matilda Street to the south. To the north-east, the application site adjoins the recently completed Jury’s Inn Hotel.

The application site presently comprises a two-storey red brick flat roof building that occupies just over 50% of the site area. It presents a 14-metre frontage to Eyre Street and 22 metres to Matilda Street with a chamfered corner fronting Eyre Street. The remaining site area to the rear, fronting Eyre Lane and Matilda Street, is used for car parking with vehicular access from Eyre Lane. The building was constructed circa 1930s with brick detailing and crittle windows. It is presently in use as offices.

The application site falls within the Cultural Industries Quarter (CIQ), as defined in the Urban Design Compendium and also lies within the CIQ Conservation Area.

155

This is an application for Conservation Area Consent to seek the demolition of the existing building to enable the re-development of the site.

RELEVANT PLANNING HISTORY

The most relevant planning application is the concurrent proposal to redevelop the site to provide a 1 x 8 storey office block (09/01410/FUL), which is also before this Board.

SUMMARY OF REPRESENTATIONS

The application was advertised as a development affecting the Cultural Industries Quarter. No response to this application for Conservation Area Consent has been received.

PLANNING ASSESSMENT

This application proposes the demolition of the existing building, a former industrial premise that has more recently been used as offices. It is a traditionally constructed two-storey building with a flat roof that is considered typical of many commercial buildings of the era, circa 1930s; constructed in red brick with crittle windows.

As part of the planning application submission, within the Design and Access Statement, the applicant submitted the following justification for demolition: i) The building is of limited architectural quality and makes little contribution to the Conservation Area; ii) The site lies outside the two character areas identified within the Sheffield Urban Design Compendium; iii) In relation to the recently completed and other planned developments in the area, the building is of inappropriate scale for its prominent corner location; iv) The site does not lie in any close proximity to any listed or unlisted significant buildings; v) The scale of accommodation provided within a refurbished/extended building would not produce returns sufficient to justify the investment.

The key issue to consider in the determination of this proposal is therefore considered to be the appropriateness of demolishing the existing building to enable the redevelopment of the site in accordance with the proposal submitted within application reference 09/01410/FUL.

156 Planning Policy

Policy BE15 of the Unitary Development Plan relates to areas and buildings of Special Architectural and Historic Interest and notes that development that would harm the character or appearance of Conservation Areas will not be permitted. Policy BE16 relates specifically to development in Conservation Areas and advises that permission will only be granted for proposals that contain sufficient justification to enable their impact on the area to be judged acceptable and where it would preserve or enhance the special character or appearance of the Conservation Area. In Conservation Areas and Areas of Special Character, Policy BE17 advises that a high standard of design using traditional materials and a sensitive and flexible approach to the layout of buildings and roads will be expected for new buildings.

Also relevant to the determination of this application is PPG15 (Planning and the Historic Environment), which provides specific advice with regard to demolition in Conservation Areas. Paragraph 4.27 of PPG15 confirms that there is a general presumption in favour of retaining buildings that make a positive contribution to the character or appearance of a conservation area. As such, it is expected that proposals to demolish such buildings should be assessed against the same broad criteria as proposals to demolish listed buildings, which has regard to the condition of the buildings and cost of repair, the adequacy of efforts to retain the building and the merits of alternative proposals for the site. PPG15 then clarifies that in less clear-cut cases - for instance, where a building makes little or no such contribution - the local planning authority will need to have full information about what is proposed for the site after demolition. It advises that consent for demolition should not be given unless there are acceptable and detailed plans for any redevelopment. It has also been held that it is relevant to consider the merits of any proposed development in determining whether consent should be given for the demolition of an unlisted building in a conservation area.

In this case, it is acknowledged that the building is not identified within the Sheffield Urban Design Compendium (UDC) as an unlisted significant building nor does it fall within one of the two CIQ Conservation Area Character Areas, also identified within the UDC. Although not unattractive, the building is not considered to particularly enhance the character or appearance of the Conservation Area or make a significant contribution to it. The applicant’s assertions that the size of the existing accommodation would not produce returns sufficient to justify the investment for a comprehensive refurbishment and that in relation to the recently completed and other planned developments in the area, the building is of an inappropriate scale for its prominent corner location, are also accepted. On this basis, the principal assessment in the determination of this application is whether there are any acceptable and detailed plans for redevelopment.

As detailed in the report pertaining to the concurrent planning application (09/01410/FUL), the scheme that has been submitted for the redevelopment of the site is considered to be one of architectural merit, which utilises materials that are of a quality appropriate to the Conservation Area and is of a scale that will not detract from the character of the area. Thus, it is considered that the concurrent full planning application provides sufficient justification to enable the impact of the

157 development on the area to be judged acceptable and to determine that the proposed scheme will enhance the appearance of the Conservation Area. The proposed demolition of the existing building is therefore considered to be in accordance with Policies BE15, BE16 and BE17 of the Unitary Development Plan and advice contained within Planning Policy Guidance Note 15 (Planning and the Historic Environment).

It is relevant to note that the principal justification for demolition of the existing building is the quality of the replacement scheme; furthermore, whilst the existing building is not identified to be of particular architectural merit, it is not unattractive such that it detracts from the character of the Conservation Area. On this basis, demolition is only considered acceptable subject to a condition that the building shall not be demolished before a binding legal contract for the carrying out of works of redevelopment of the site is made and evidence of such a contract has been supplied to the Local Planning Authority.

SUMMARY AND RECOMMENDATION

This application seeks Conservation Area Consent for the demolition of an unlisted building within the Cultural Industries Quarter Conservation Area. This is required to enable the re-development of the site in accordance with a scheme submitted concurrently in accordance with planning application 09/01410/FUL. Advice within Planning Policy Guidance Note15 clarifies that in cases where a building makes little or no contribution to the character of a Conservation Area, to determine whether demolition is acceptable, the local planning authority will need to have full information about what is proposed for the site after demolition. It advises that consent for demolition should not be given unless there are acceptable and detailed plans for any redevelopment. In this case, the building is not identified within the Sheffield Urban Design Compendium (UDC) as an unlisted significant building nor does it fall within one of the two CIQ Conservation Area Character Areas. Moreover, the proposed redevelopment is considered to comprise a development of some architectural merit, which utilises materials and is of a scale that are appropriate to the Conservation Area and on this basis, will not harm the character or appearance of the Conservation Area in accordance with Policy BE15 and BE17 of the UDP. Such detailed proposals enable the local planning authority to determine that the replacement proposal is acceptable and it would also enhance the appearance of the Conservation Area in accordance with Policy BE16 of the UDP. On this basis, the application to demolish the existing building is considered acceptable and is recommended for approval subject to conditions.

158

Case Number 09/01410/FUL

Application Type A Full Planning Application

Proposal Erection of a 1 x 8-storey building to be used as offices (Use Class B1) with basement cycle/car parking

Location 121 Eyre Street Sheffield S1 4QW

Date Received 05/05/2009

Team CITY CENTRE AND EAST

Applicant/Agent Todd 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.

In order to ensure an appropriate quality of development.

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

i. Windows; ii. Window and brickwork reveals; iii. Doors; iv. Eaves and verges; v. Plinths; vi. External wall construction; vii. Brickwork detailing; viii. Safety railings; ix. Entrance canopies and; x. Vents xi. Curtain walling joins to include details of the corner-to-corner joins;

159 xii. Rainwater goods. xiii. Details of all external lighting to include methods of fixing to the building.

The details shall include a section drawing at a scale of 1:20 of each elevation(s) where there is a change in material. Thereafter, the works shall be carried out in accordance with the approved details

In order to ensure an appropriate quality of development.

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

In the interests of the safety of road users.

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

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

6 Prior to the commencement of development, a Framework Travel Plan, designed to: reduce the need for and impact of motor vehicles, including fleet operations; increase site accessibility; and to facilitate and encourage alternative travel modes, shall have been submitted to and approved in writing by the Local Planning Authority. The Framework Travel Plan shall include:

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

7 Before the development is brought into use, or in accordance with a timescale to be agreed by the Local Planning Authority, the footway adjoining the site shall be resurfaced in accordance with the secondary palette of materials as set out in the Urban Design Compendium in

160 accordance with details to be submitted to the Local Planning Authority prior to the commencement of development.

In the interests of the locality and to meet the objectives of the Urban Design Compendium and Policy BE5 of the Adopted Unitary Development Plan.

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 development 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 any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided:

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

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

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

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

11 Unless otherwise agreed in writing the proposed green roof(s) (vegetated roof system) shall cover a minimum area of 80% of the roof, shall be provided prior to the use of the building commencing and shall thereafter be retained. Prior to works commencing on site, full details of the green roof construction and specification, together with a maintenance schedule, shall be submitted to and approved by the Local Planning Authority. Unless an alternative specification is agreed the green roof shall include a substrate based growing medium of 80mm minimum depth and incorporating 15 - 25% compost or other organic material and the vegetation type shall be herbaceous plants. The plant sward shall be maintained for a period of 5 years from the date of implementation and any failures within that period shall be replaced.

In the interests of biodiversity.

12 Before the development is commenced full details of proposals for the inclusion of public art within the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall then be implemented prior to the occupation of the development unless otherwise authorised in writing by the Local Planning Authority.

In order to satisfy the requirements of Policy BE12 of the Unitary Development Plan and to ensure that the quality of the built environment is enhanced.

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

To ensure satisfactory drainage arrangements.

14 Unless otherwise approved in writing by the Local Planning Authority, no buildings/structures shall be erected within 3 metres either side of the centre lines of the public sewers laid within Duke Lane.

To ensure satisfactory drainage arrangements.

15 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.

16 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.

162

To prevent pollution of the Water Environment.

17 The office accommodation hereby permitted shall not be occupied unless a scheme of sound attenuation works has been installed and thereafter retained.

Such a scheme of works shall be capable of achieving a Noise Rating Curve NR45.

Noise Rating Curves should be measured as a 15 minute linear Leq at the octave band frequencies 31.5 kHz to 8 kHz.

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

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

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

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

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

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

163 Attention is drawn to the following justifications:

IB6 - Development in Fringe Industry and Business Areas IB9 - Conditions on Development in Industry and Business Areas BE5 - Building Design and Siting 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 Urban Design Compendium

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

Attention is drawn to the following directives:

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

3. The applicant is advised that the signage indicated on the submitted drawings is not approved as part of this permission and will require separate Advertisement Consent. To discuss arrangements for obtaining such consent, and to request application forms, the applicant should contact Development Control Section, Development Services, on Sheffield (0114) 2734215 or go to www.sheffield.gov.uk/in-your-area/planning-and-city- development

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

You should apply for a consent to: -

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

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

165 Site Location

LOCATION AND PROPOSAL

The site presently comprises a two-storey red brick flat roof building that occupies just over 50% of the site area. It presents a 14-metre frontage to Eyre Street and 22 metres to Matilda Street with a chamfered corner fronting Eyre Street. The remaining site area to the rear, fronting Eyre Lane and Matilda Street, is used for car parking with vehicular access from Eyre Lane. The building was constructed circa 1930s-40s with brick detailing and crittle windows. It is presently in use as offices.

The surrounding area is relatively mixed in character. To the north-east lies the adjoining Jury’s Inn Hotel; to the immediate rear of the site to the south-east is the

166 now cleared plot of the former Gatecrashers nightclub. Opposite the site on Matilda Street is the Euro car park and across the road on Eyre Street to the north and north-east is the NCP car park accessed from Matilda Way and the Plug nightclub.

This is a full planning application that proposes the demolition of the existing building and the construction of a 1 x 8 storey building to provide 5289 square metres (net) of new office accommodation (Use Class B1) with additional plant room floor and the provision of a basement car park to accommodate 23 vehicles with access from Eyre Lane. The proposed office block occupiers the entire site. The building’s main entrance is located on Eyre Street, at the north-western corner; an adjacent secondary entrance is also indicated to facilitate possible access to a separate ground floor tenancy.

Architecturally, it is designed to have some regard to the external appearance of the adjoining Jury’s Inn development to the extent that the office block incorporates deep window reveals and full height glazing to the ground and first floors to Eyre Street and Matilda Street. To Eyre Street, the building presents two bay elements; adjoining the hotel, it comprises a brick framed bay from the ground to sixth floor within which is frameless glazed curtain walling system with vertical solar shading fins; the brick and double-height glazing treatment extends along the entire Eyre Street façade at ground and first floor level. However, the second to sixth floor on the corner of Eyre Street and Matilda Street forms the second bay, which is constructed partly in aluminium panels set within a projecting metal frame, within which is an aluminium curtain walling system comprising clear glass in a metal frame with a horizontal louver system to provide solar shading. This treatment ‘turns the corner’ and continues for much of the Matilda Street elevation until the corner of Matilda Street and Eyre Lane, where a five-storey brick bay re-emerges to provide a structural end to the projecting metal bay.

The seventh floor to both Eyre Street and Matilda Street is set in from the main façade of these streets by 2 metres and 2.5 metres respectively and is constructed in an aluminium curtain walling system comprising clear glass and a metal frame. At the corner of Matilda Street with Eyre Lane, this approach extends to the fifth and sixth floor also, which then ‘turns the corner’ into the Eyre Lane façade such that Eyre Lane comprises a semi-basement level with five floors above, constructed in red brick and detailed with large windows set in deep reveals, above which is a further three floors, constructed partly in brick and partly in an aluminium curtain walling system with clear glazing. These upper floors are presently set in 2 metres from the main façade. The remaining elevation to Duke Lane, which faces the Jury’s Hotel, is constructed in red brick with a simple vertical glazing pattern with the windows set within deep reveals.

The application site falls within the Cultural Industries Quarter (CIQ), as defined in the Urban Design Compendium. It also lies within the CIQ Conservation Area.

167 RELEVANT PLANNING HISTORY

The only relevant planning application to note is the concurrent Conservation Area Consent application, also before this Board, which seeks the demolition of the existing building on this site to enable the proposed development:

09/01412/CAC: Demolition of existing building. Awaiting determination.

SUMMARY OF REPRESENTATIONS

The application was advertised as a development affecting the CIQ Conservation Area. No public representations have been received.

However, the following statutory representations have been received:

English Heritage: In response to the initial proposal, English Heritage note that the application site lies on the periphery of the Conservation Area but is prominent on Eyre Street on the approach to the City Centre. They advise that although it is outside the two character areas identified in the City’s Urban Design Compendium, it should respond to the advice in the UDC in terms of design and materials. English Heritage consider the louvers to be an unwelcoming addition that makes the Matilda Street elevation particularly oppressive; they are also concerned that the Eyre Lane elevation is disjointed as a result of the four ground floor openings, which offer a visually untidy eye level elevation.

English Heritage advised that they consider the site to be an important component in the improvement of the appearance of the City Centre and therefore suggest that further advice be sought from the City’s Urban Design Review Panel, at which English Heritage are represented. This was duly done as an officer presentation to the Panel, the Panel raised some concerns about the overall height of the development (with particular reference to the plant room) and well as expressing similar concerns to English Heritage in respect of the relationship of the Eyre Lane elevation to the Conservation Area and the treatment of this façade. These matters are considered further in the report below.

English Heritage concluded that the application should be determined on the basis of national and local policy guidance and confirmed that it was not necessary for them to be consulted on any revised proposals.

The application was due to be presented to the Conservation Advisory Group in August but the meeting was cancelled. It is not possible, bearing in mind the timescales, to defer consideration of this application to the next meeting.

PLANNING ASSESSMENT

This application proposes the demolition of the existing two-storey office building and the construction of a new 1 x 8 storey office development that is architecturally contemporary in design. The key issues to consider in the determination of this application include the following:

168 i. The principle of development: Policy and Land Use; ii. Design considerations; iii. Impact on the CIQ Conservation Area; iv. Traffic and highways; v. Sustainability.

Principle of development: 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. Policy IB9 of the UDP advises that the preferred uses (i.e. employment) should remain dominant within Fringe Industry and Business Areas.

In this case, Policy IB6 has largely been superseded by relevant policies within the Sheffield Development Framework Core Strategy, which was adopted on 4th March 2009. Policy CS3 of the Core Strategy relates to locations for new office development and advises that such development will take place in a number of key locations including the City Centre and in accessible locations at the edge of the City Centre, to which the application proposal complies. Policy CS4 of the Core Strategy (Offices in the City Centre) advises that new large- scale and high-density office developments will be concentrated in the City Centre in Priority Office Areas, which includes the Heart of the City and Eyre Street, particularly for prestige office accommodation. The proposed development fronts Eyre Street and will therefore contribute to the aspiration for prestige office accommodation along this main corridor into the City Centre, in accordance with Policy CS4. It is also relevant to note that an office development in this central location is consistent with Policy E2 of the Regional Spatial Strategy (Town Centre and Major Facilities) and the objectives of Planning Policy Statement 6: Planning for Town Centres, which both seek to create vital and viable Town Centres.

Finally, Policy CS17 of the Core Strategy relates to the City Centre Quarters and advises that the distinctive and fundamental roles of different quarters of the City Centre will be consolidated and strengthened. With specific regard to the Cultural Industries Quarter, it states that the CIQ is an area with a wide mix of uses and established as the main location for the city's creative and digital industries, as one of the key growth clusters for the economy of the City Region. The proposed development is considered to comply with this approach in terms of delivering high quality office accommodation.

The principle of an office development (Use Class B1) in this location is therefore consistent with national, regional and local planning policy and is concluded to be acceptable in principle.

169 Design considerations

Policy BE5 of the UDP relates to building design and siting and advises that good design and the use of good quality materials will be expected in all new developments. It seeks to achieve original architecture and a design on a human scale with varied materials that break down the overall mass of development. In addition, Policy CS74 of the SDF Core Strategy, which relates to design principles, advises that high-quality development will be expected, which would respect, take advantage of and enhance the distinctive features of the city, its districts and neighbourhoods. Policy CS74 also advises that any new development should respect the topography of the City, views and vistas and the townscape and landscape character of the particular area.

As part of this application, the principal negotiations have focused upon the scale of development and the detailed design.

Scale

With regard to scale, it is relevant to note that within the Urban Design Compendium, the Cultural Industries Quarter is identified as a location to establish a cultural enclave where the principle of development is ‘repair’ and ‘recovery’ to enhance the existing character and activity of the area whilst embracing new development opportunities. It suggests that the appropriate scale of buildings is generally 3-5 storeys with some scope for taller buildings to Howard Street and Granville Square and where roads are wider e.g. Arundel Gate and Eyre Street.

In this case, the application site fronts onto both a primary main route (Eyre Street) and a narrow secondary route (Eyre Lane) and it must ensure an appropriate scale to both. It must also have regard to Matilda Street, which is a well-used thoroughfare into the CIQ, which forms part of the distinctive grid of streets within this area.

To the Eyre Street elevation, the application proposes a semi-basement level (car parking) with seven floors of office accommodation above (ground to sixth floor). A seventh floor is then set back by two metres. The parapet to the sixth floor sits 2.5 metres below the parapet to the adjacent Jury’s Inn on the main Eyre Street façade with the overall height of the proposed office block being 3 metres lower than Jury’s Inn. This stepping in height is appropriate to reflect the topography of Eyre Street, which gradually slopes from north-east to south-west; it is also considered that given the width of Eyre Street (the buildings opposite lie 29 metres from the facade of the application site) it can accommodate a building to the scale proposed and will have no detrimental impact on keys views and vistas. It is noted that the application presently incorporates a substantial plant roof to the ninth floor; the applicant has been advised that this is unacceptable on the basis that it creates an additional floor. Revised plans are awaited and Members will be updated on any amendment directly at the Planning Board.

Matilda Street slopes down to the south-east and to this elevation, the proposed development also extends to eight floors of office accommodation with the semi- basement car park almost reaching full height to accommodate the slope. To take

170 account of the topography, and to also address the narrow form of Eyre Lane, the top three floors to the Eyre Lane frontage (visible from Matilda Street) are set in from the main rear façade. The application presently indicates a set-back of 2 metres, which is considered insufficient such that it would be over-bearing to Eyre Lane and detrimental to the character of the Conservation Area. Revised plans have been sought from the applicant to secure a greater set back such that the amended scale of development will deliver an enclosure ratio of 0.5 to Eyre Lane, which is defined in the Urban Design Compendium as an appropriate relationship of built form to street width for a secondary route within the CIQ. It effectively determines that the built form should be no greater than twice the width of the road. The provision of a greater set back would ensure that the proposed development ‘steps down’ on the Matilda Street elevation to address the slope of this street and would also ensure that the upper floors are set-in on the Eyre Lane façade to secure a relationship to this narrow street that is not over-dominant. On the basis of the submission of revised plans, the scale of development is considered to respect the topography of the City, views and vistas and the townscape and landscape character of the area in accordance with Policy BE5 and CS74. Members will be updated on the revised plans at Planning Board.

Design

The architectural approach to the development is contemporary in form; it utilises a range of high quality materials including red brick and a curtain walling glazing system. To the principal Eyre Street elevation, the introduction of two external treatments comprising a strong brick frame that incorporates a frameless glazed curtain walling system with vertical solar shading fins and a brick and glazed ground floor above which is an aluminium curtain walling system serves two purposes; to create a strong vertical emphasis that mitigates the scale of the development and to enable the development to visually ‘turn the corner’ and ensures a strong relationship between the Eyre Street and Matilda Street elevations.

To Matilda Street, the use of a high quality aluminium curtain walling system, which comprises integrated panels of clear glass in silver framing is enhanced by the introduction of horizontal solar shading, which is necessary to provide solar control within the building but will also deliver a modelled elevation adding shadow and depth.

To Eyre Lane and Duke Lane, a simple brick and glazed façade, with the glazing set within deep reveals, will also deliver highly articulated elevations. It is acknowledged that the success of these elevation treatments will be dependent on the quality of detailing and the materials, which will form a condition of this recommendation.

On this basis, it is concluded that the proposed development represents a distinct design approach of a quality appropriate to this key gateway location, whilst also respecting the scale and form of buildings within the Conservation Area to the rear of the site. The elevations will provide visual interest and depth and to this extent, the proposal is considered to be of a sufficient quality and character in accordance with Policy BE5 of the UDP and Policy CS74 of the Core Strategy.

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Impact on the CIQ Conservation Area

Policy BE15 relates to areas and buildings of special architectural and historic interest and advises that development that would harm the character or appearance of Conservation Areas will not be permitted. With specific regard to Conservation Areas, Policy BE16 advises that redevelopment of sites that detract from a Conservation Area will be encouraged where it would enhance the character or appearance of the Area.

The application site lies on the fringes of the CIQ Conservation Area. However, in terms of the impact of the proposed development on the character and appearance of the Conservation Area, it must be acknowledged that the building will be visible from within the Conservation Area and also from key routes into the City Centre along Eyre Street and Matilda Street. However, as outlined in the section above, it is considered that the scale of development anticipated in the revised plans will be appropriate to the site in terms of addressing the topography of the streets and ensuring an appropriate enclosure ratio to Eyre Lane though the introduction of a set back to the upper floors of development front Eyre Lane. This approach will ensure an appropriate relationship to the surrounding Conservation Area and will also not limit the potential for the development of adjoining sites.

Furthermore, it is acknowledged that the proposed design is conceived as highly articulated facades that will introduce shadow and depth to the elevations such that they are of a sufficient quality in terms of both design and materials. Indeed, the proposed development utilises both traditional materials in the form of red brick and high quality modern materials, such as the aluminium curtain walling system, which are considered sympathetic to the Conservation Area. Thus, it is concluded that the proposal will both preserve and enhance the character of the Conservation Area in accordance with Policies BE15 and BE17 of the UDP.

Traffic and Highways

This application proposes a semi-basement car park to accommodate 23 vehicles (including 1 disabled space) as well as motorcycle and cycle parking. Access to the car park is achieved directly from Eyre Lane.

With regard to the level of car parking proposed, the Yorkshire and Humber Plan Regional Spatial Strategy (RSS) sets out maximum parking standards that should be applied to commercial developments within regional cities, which equates to 1 space per 60 square metres beyond a threshold of 2500 square metres. This application proposes 5289 square metres of B1 floor space such that a maximum of 46 spaces would be permitted in accordance with the RSS. On this basis, the proposed car parking provision is considered acceptable.

In terms of access into the proposed car park, it is relevant to note that there are some concerns in respect of restricted visibility for vehicles exiting the site and the lack of pedestrian/vehicular inter-visibility on the basis that the proposed development presently occupies the entire site and the footway on Eyre Lane is quite narrow. The applicant has been advised that the building line of the

172 proposed development on Eyre Lane should therefore be set back; provisionally to the same building line as the adjacent Jury’s Inn development. Revised plans are awaited in this regard and Members will be updated on the revised proposals at the Planning Board.

Finally, it is relevant to note that the existing building is chamfered at the corner of Eyre Street and Matilda Street. However, this proposal seeks to build to the corner over the existing area of highway, the principal of which is deemed acceptable. It is also the case that the applicant will be required to re-surface the pavements adjoining the site in accordance with the secondary palette of materials as set out in the Urban Design Compendium; this will be secured by means of a planning condition.

Accessibility

Policy BE8 of the UDP relates to access to workplaces and advises that in all developments which would result in the provision of 20 or more jobs, suitable access arrangements will be promoted especially for public reception areas and toilet facilities, to meet the needs of employees and members of the public with disabilities.

The Design and Access Statement submitted with this application advises that the development will be universally accessible to persons with a disability with level access provided to all entrance points and consideration given to those with visual impairments. Details of the measures proposed will be secured by means of a planning condition and on this basis, the application will accord with the provisions of Policy BE8.

Noise

The applicant was not required to submit a noise assessment for this commercial office building. However, it is helpful to note that as part of the adjoining Jury’s Inn application a full noise assessment was submitted, which indicated that the adjoining site fell within Noise Exposure Category B (noise should be taken into account when determining planning applications) and Category C (planning permission should not normally be granted), as defined in PPG24: Noise. Where it is considered that permission should be given, for example because there are no alternative quieter sites available, PPG24 advises that conditions should be imposed to ensure a commensurate level of protection against noise). The Council’s Environmental Protection Service has recommended an appropriate level of sound attenuation works, which is secured by means of a planning condition. On this basis, it is considered that there will be no undue detriment to the future occupiers of the building by virtue of noise pollution.

Sustainability

Policy CS64 of the Core Strategy relates to climate change, resources and sustainable design of developments and advises that all new buildings and conversions of existing buildings must be designed to reduce emissions of greenhouse gases and function in a changing climate. They must also be

173 designed to use resources sustainably. The supporting text to CS64 advises that to satisfy the policy, all new non-residential developments over 500 square metres should achieve a BREEAM rating of very good (or equivalent). Policy CS65 of the Core Strategy, which relates to renewable energy and carbon reduction, requires all significant developments to secure the following, unless it can be shown not to be feasible or viable:

(i) Provide a minimum of 10% of the predicted energy needs from decentralised and renewable or low carbon energy AND (ii) Generate further renewable or low carbon energy or incorporate design measures sufficient to reduce the development's overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy required to satisfy (i). In this case, the applicant has submitted a sustainability statement, which confirms that the building will achieve a ‘very good’ or possibly ‘excellent’ BREEAM rating, which is consistent with Policy CS64. The statement also advises that the development will seek to reduce its carbon emissions by 10% using renewable and low carbon energy sources. This falls short of the policy requirement as it stands but given the speculative nature of the proposal it is not possible to accurately predict the precise saving. For this reason, a condition to secure a carbon reduction is proposed, with the caveat that viability will be taken into account.

Public Art

Policy BE12 of the UDP advises that the provision of works of public art, which can be readily seen by the public, will be encouraged as an integral part of the design of major developments. In this case, the site is situated on a key route into the City Centre and it is therefore proposed that a public art proposal be secured by means of a condition in accordance with Policy BE12.

Archaeology

Historical evidence suggests that this part of the City was enclosed agricultural and pastures land until the late eighteenth century when it was developed into an industrial cutlery and steel works. There is potential for archaeological remains relating to the sites early industrial past, where it has not been disturbed by modern construction and it is determined that further assessment may be necessary prior to construction. A condition is therefore proposed to this effect.

RESPONSE TO REPRESENTATIONS

In response to the concerns raised by English Heritage and subsequently discussed at the City’s Design Review Panel, it is considered that the omission of the plant room ensures that the development relates appropriately to the adjoining Jury’s Inn development and addresses the topography of the site. Moreover, the increased set back to the upper floors fronting Eyre Lane will secure an appropriate enclosure ratio to this secondary route and a satisfactory relationship to the Conservation Area. The Council do not concur with the view of English Heritage that the louvers to Matilda Street are oppressive; they serve a practical purpose to

174 secure solar control within the building and articulate the elevation to provide visual interest.

SUMMARY AND RECOMMENDATION

This application proposes the construction of a contemporary eight-storey development that will deliver 5289 square metres of high quality office accommodation. The provision of office space in this central City Centre location is consistent with the objectives of Policies IB6 and IB9 of the Unitary Development Plan, which seek to ensure that employment uses remain dominant in this location and Policies CS3 and CS4 of the Core Strategy, which seek to encourage large- scale high density office accommodation within the City Centre and specifically on Eyre Street.

The contemporary architectural approach is considered to ensure that the proposed elevations will provide visual interest and depth and are of a sufficient quality and character to accord with Policy BE5 of the UDP and Policy CS74 of the Core Strategy. The use of high quality materials and the introduction of set-backs to the upper floors and most specifically, to Eyre Lane, will ensure that the proposed development will not impact detrimentally upon the character and appearance of the Cultural Industries Quarter Conservation Area in accordance with Policies BE15 and BE17 of the UDP.

The proposal is considered to provide adequate car parking and cycle accommodation in this highly-accessible location in accordance with the Regional Spatial Strategy. It is also the case that the office building will be accessible to all in accordance with Policy BE8.

Finally, the application establishes an intention to secure a BREEAM of ‘very good’ as a minimum and will also seek to reduce its carbon emissions using renewable and low carbon energy sources, in accordance with Policies CS64 and CS65 of the Core Strategy.

On this basis, the application is considered acceptable and is recommended for approval subject to conditions.

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Case Number 08/04855/REM

Application Type Approval of Reserved Matters

Proposal Erection of a building to accommodate 2-3 levels of retailing (Use Class A1 - A5), 36 residential units on upper floors and related public realm and ancillary works

Location Land And Buildings At Barkers Pool, Cross Burgess Street And Burgess Street (Block 3 New Retail Quarter - Sevenstone Development)

Date Received 18/09/2008

Team CITY CENTRE AND EAST

Applicant/Agent RPS Group Plc

Recommendation Reserved Matters Approved Conditionally

Subject to:

1 Notwithstanding the indications given in the submitted documents the design of the colonnade is not hereby approved, details of the metal facing material, the coved area in general and the shop fronts shall be submitted to and approved by the Council prior to the erection of this area of the building.

In the interests of the amenities of the locality.

2 Notwithstanding the indications given in the submitted documents the height of the screen wall on the roof and forming part of the rear elevation is not hereby approved, details of the wall shall be submitted to and approved by the Local Planning Authority prior to its erection.

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

3 Notwithstanding the indications given in the submitted documents the means of servicing the residential accommodation is not hereby approved, prior to the commencement of work to erect this building a strategy for servicing the apartments shall be submitted to and approved by the Local Planning Authority.

To ensure that the proposals accord with the outline planning permission.

4 Prior to the commencement of the work on site, details of the following items shall be submitted to and approved by the Local Planning Authority.

176 a) the colour and finish of the natural metal cladding b) shop fronts c) measures to provide safety and security for occupiers and the public d) the balustrades to the public areas and the apartments e) the green roofs and landscaping f) the bin and bike storage building

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

In the interests of the amenities of the locality.

5 Prior to their provision within the development, details of the following shall be submitted to and approved by the Local Planning Authority:-

a) external lighting b) roof top plant and acoustic screen (including measures to achieve noise levels of 5dB below background noise levels at the site boundary when measured as a LA90) c) the gates between the building and the Citadel.

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

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

6 Unless otherwise agreed in writing the following shall be provided prior to the use of the development commencing:-

a) an operable connection to the main service yard b) safety and security measures c) green roofs and landscaping d) shop fronts.

In the interests of the amenities of the locality.

7 Before work on site is commenced, full details of suitable inclusive access and facilities for disabled people, both to and into the building(s) and within the curtilage of the site, shall have been submitted to and approved in writing by the Local Planning Authority and the development 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.

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Site Location

INTRODUCTION

This is a reserved matters application for Block 3 of the New Retail Quarter (Sevenstone) development. It is within the City Centre Conservation Area and is situated to the rear of the Pinstone Street buildings which face the Peace Gardens. It stretches from Barkers Pool to Cross Burgess Street.

PLANNING HISTORY AND BACKGROUND

Outline planning permission for the New Retail Quarter proposals, establishing the principles of the development, was approved on 6 November 2006 (ref: 05/03933/OUT). At the same time the following were issued:

- Listed Building consent for the demolition of 32 Cambridge Street known as the Bethel Chapel Sunday School (ref: 05/03934/LBC);

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- Conservation Area consent for the demolition of buildings within the Conservation Area (ref: 05/03936/CAC);

- Listed Building consent to improve and maintain the external fabric of 20- 22 Cambridge Street, Grade ll* Leah’s Yard (ref: 05/03936/LBC);

- Detailed planning consent for 20-26 Cambridge Street works related to the listed building proposals for Leah’s Yard (ref: 05/03937/FUL).

The Outline planning permission allows:

“A mixed use development comprising of refurbishment/change of use of existing buildings/erection of buildings for retail (use classed A1, A2, A3, A4 and A5) housing (use class A3), night club, health and fitness club, multi-storey car parking and ancillary uses including the closure and alterations of public highways, vehicular access, servicing facilities, formation of open space and associated landscaping.”

The permission is accompanied by 68 planning conditions and there is a Section 106 Agreement of the same date.

Planning permission was granted in outline with all matters reserved with the exception of the principle means of access to the site boundary. Condition 5 requires reserved matters in respect of the siting of the buildings, their design and external appearance and access and landscape to be substantially in accordance with the Development Specification, Parameter Plans and Design Principles as defined in the Masterplan Part D that accompanied the Outline planning application.

The approved amount of development is defined within the Development Specification dated May 2006. Permission was granted for a maximum of 98, 500 sqm Gross External Area (GEA) of new retail uses (use class A1-A5) floor space. This represents a net increase of up to 68, 559 sqm GEA once existing retail premises (principally the existing John Lewis building – 17, 124 sqm) have been taken into account. Consent has also been granted for a range of non-retail uses including a maximum of 232 residential units, a nightclub and health club. The development also includes up to 2,200 public car parking spaces.

An Environmental Statement accompanied the Outline application. In addition a considerable amount of information defining the development was included. The 15 parameter plans approved at the Outline stage fix the physical characteristics of the proposal, including the parameters for the location, size and height of the 8 principle building blocks and the vehicle, pedestrian and disabled access routes to and through the scheme. They show a series of buildings arranged around a network of open streets.

179 LOCATION AND PROPOSAL

The block runs from Barkers Pool where it abuts Town Hall Chambers to Cross Burgess Street where it is adjacent to the grade ll listed Salvation Army Citadel. Its main elevation will form the eastern side of a new Street currently referred to as New Burgess Street. Whereas the existing Burgess Street runs in a straight line from Barkers Pool the new street will start from close to Town Hall Chambers and run diagonally so that it cuts through where the rear elevation of the John Lewis store currently stands.

Conservation Area Consent has already been granted for the demolition of the buildings currently on site including the steel and glass former cinema on Barkers Pool and the extensions at the rear of 18-42 Pinstone Street. The rear of the block abuts the lower floors to Block B on Pinstone Street.

It comprises three retail floors. The lower ground floor units being single storey and the upper ground floor units i.e. those accessed from the upper level pedestrian route, having a mezzanine floor. In total there is 11, 636 sqm of retail space. Above the shops are 36, 2 and 3 bed apartments. They are accessed via a staircase/lift at Cross Burgess Street which lead onto the roof above the shops each unit has its own access from here.

THE CONSULTATION PROCESS AND REPRESENTATIONS RECEIVED

Extensive publicity was given to the NRQ before and during the outline application process, all of which is described in the report on the Outline application.

Prior to the submission of this application the applicants held a public exhibition between the 5th and 8th March 2008. The purpose was to advise the public of the current designs for the various blocks, including this one.

It is estimated that more than 3, 500 people attended and a total of 342 questionnaires were completed. As was the case at the Outline stage, the respondents supported the principle of the Retail Quarter, 80% being in favour and only 6% against. The results from the questionnaires show that the respondents were generally enthusiastic about the designs proposed for the NRQ as a whole – 61% positive, 17% negative, 22% unsure.

They were also asked to select there preferred design from the nine blocks displayed; block 3 finished just below mid table when they were asked which block are you least sure about architecturally, it came in the middle of the table. It can be concluded therefore that this is a block that does not excite the public in either direction when compared to the other proposed buildings.

The following comments were specific to block 3:

- ‘It is the most interesting of the designs’

- ‘Prefer the use of the arcade design and angular walkway cover’

180 - ‘it’s a lot like Paris, it looks beautiful’

- ‘Nice design and open space’

- Don’t like the silver cladding – will it age well?’

- ‘Putting Sheffield back on the map’

Upon submission of the application the following publicity was given to the scheme:

Neighbour letters to surrounding properties and those within the site. Site notices in the surrounding areas. Press Release. Statutory advertisement in a local newspaper. Update of the NRQ website. Statutory consultations. The applicants displayed information boards in the shop at No. 106 Pinstone Street.

Responses From Consultees:

Sheffield Urban Design Review Panel

The Panel have reviewed the proposals on three occasions, most recently on 6 June 2008.

“The Panel considered that the scheme had moved on since their last review of the scheme on April 3rd 2008. The Panel welcomed the better expression of shop fronts and grouping of flats, which together start to break up the length of the block. The vertical emphasis of fenestration with deep reveals is all more successful.

Concern remained about the overhang, which appeared to loom out of a strong structural expression. There was discussion about whether cladding the sub- divisions, which appeared structural, was confusing and undermined the scheme. The Panel advocated expressing the structure that supported the overhang. Options such as pre-cast structural elements were discussed.

Initial comments were made on the changes to the ‘stone wedge’. The Panel understand that AHMM are still in design development on this element. One observation made was that the horizontal mezzanine currently overemphasises the horizontal; it is recommended that the larger order should be expressed more, so the order is similar to proportions elsewhere. It was considered that this could be simply achieved by setting back the mezzanine level. It was also considered that further development of the junction of the ‘stone wedge’ and the terracotta block was required to make this successful – it was felt that a physical model may help resolve this.

There was also discussion on how to achieve the AHMM’s design intent to make the building read as a robust ‘carved out’ block rather than express the nature of the rainscreen terracotta cladding. It was stated that the detailing of the junctions

181 of the terracotta would be critical in this respect, including the detailed turning of corners and mitres, filling of joints with the modular 5mm gaskets etc.

Summary

The Panel felt the scheme was going in a better direction but that there was still extensive design development required. Concern remained particularly with the overhang.

Conservation Advisory Group

The Group were concerned about the varied and inconsistent palette of proposed materials detailed in the proposals, and also expressed concerns over the number of bridges and ramps in the proposed new streets. The levels and materials did not seem to have a strong rationale, and the radically different buildings would be clumsy and incongruous to the area. There did not seem to be coherent links with the Town Hall Chambers and the Salvation Army Citadel Building, and the designs showed a lack of reflection of the existing primarily red brick buildings within the Conservation Area.

English Heritage

‘The scheme has been modified along the lines suggested by the Panel at the March meeting which I did attend. Whilst these changes are to be welcomed, the drawings on which we have been most recently consulted continue to propose a west elevation which, in our view, continues to be weak in terms of creating a convincing street scene. As such we repeat the view expressed in our letter of 16 October that, whilst the north elevation has a degree of presence as befits the setting of the City Hall, the new streetscene is less satisfactory’.

Recommendation

We would urge you to address the above issues, and recommend that the application should be determined in accordance with national and local policy guidance, and on the basis of your specialist conservation advice. It is not necessary for us to be consulted again.

South Yorkshire Police

Have commented on the desirability of controlling access to the basement service areas and the residential levels. Conditions are proposed requiring details of suitable measures.

Representations

1 letter has been received expressing concern that the new building could reduce natural light to the flats in Pinstone Chambers with windows facing in the direction of block 3 and also make residents feel hemmed in.

182 Another letter was sent on behalf of the owners of the Citadel stating that they have the following issues with design:

- It is insensitive in form, scale and in terms of the proposed facing materials. It overwhelms the Citadel and significantly affects its setting.

- This end of the block appears as a ‘gable end’ there are stairways next to the Citadel creating a blank structure.

- The upper footway is a narrow only 2m wide at one point creating a pinch point.

- The end retail unit should be accessible from both frontages.

PLANNING ASSESSMENT

Conformity with the Outline Planning Permission

As mentioned earlier Condition 5 of the outline permission requires reserved matters in respect of the existing of buildings, their design and external appearance, access and landscape to be substantially in accordance with the Development Specification, Parameter Plans and Design Principles as defined in the Masterplan Part D that accompanied the planning application.

The application is in line with the fundamentals of the outline permission but there are a couple of differences:

- The upper three floors of New Burgess extend forwards of the maximum building envelope. This is due to changes to design whereby the upper floors provide shelter to the walkway below instead of a canopy. - In a few places the residential units project into the area of roof above the shops and therefore exceed the maximum height for this roof area in parameter plan 7.

Neither of these differences are of great significance and the proposals remain substantially in accordance with the parameter plans.

The Masterplan included the following Design Principles to guide the architectural development of the block:

- This block forms the interface between the conserved historic buildings and the contemporary new buildings of the New Retail Quarter and will provide active frontages on Cross Burgess Street and New Burgess Street.

- The New Burgess Street elevation will seek to respond to the height of the Town Hall Chambers parapet.

183 - The setting of the listed Citadel building will need to be respected in Cross Burgess Street. The new building height abutting the Citadel will correspond to the height of the adjacent parapet of Pinstone Street Chambers. The new and existing building on each side of the Citadel will form an equal framing to the Listed Building. The new building façade should be coherent and present a setting for a dynamic and interesting street.

- It Is envisaged that the northern end of the block will form a predominately stone tip to complement the existing Town Hall Chambers.

- The block adjacent to New Burgess Street will have a rooftop courtyard with access to the residential maisonettes.

Policy Issues

As Outline permission has been gained, the policy issues centre on design and heritage.

The Unitary Development Plan contains the following relevant policies:

BE15 and BE16 require that development must preserve or enhance the character and appearance of a conservation area.

BE19 requires that the setting of listed buildings is not adversely affected by new developments.

BE11 says that development adjacent to Barkers Pool will only be permitted if it respects the space in terms of function, scale, proportion and views.

The adopted Core Strategy has the following policy of relevance to the proposals.

Policy CS 74 Design Principles – expects that development will respect the distinctive heritage of the City Centre and its metal trades.

Policy CS 61

Pedestrian Environment in the City Centre

A Pedestrian Priority Zone in which a high-quality environment will allow priority for the safe, convenient and comfortable movement of pedestrians within and through the area, will be established in the following areas of the City Centre:

- The Moor/NRQ

Design and External Appearance

184 Commencing at Town Hall Chambers (which is the stone building opposite the Pinstone Street elevation of the Town Hall) the new building runs up Barkers Pool for about 14 metres before turning into New Burgess Street. As directed by the Design Principles this elevation is in natural stone except for the top floor which is set back by 2 metres from the parapet of the main elevation, this is clad in natural metal of a colour that will be sympathetic to the slate roof of Town Hall Chambers.

There are two openings in the stone which run from pavement to first floor level, the left hand one is filled by a shop window but the other is void as it allows pedestrian access beneath it into New Burgess Street.

The main elevation starts at the rear of this stone façade. At the lower ground floor level it is a floor below the Barkers Pool ground floor level, a wide flight of steps provide access together with a lift in block 1 opposite. Here there are natural stone shop front surrounds and large shop windows.

The upper ground level is accessed along a walkway on top of the lower ground floor shops. Here the shop fronts are two storeys high because the upper level shops have mezzanine floors. The only solid structure at this level are the pilasters at 7.5 metre centres. The current plans show the pilasters as smooth concrete but a previous version of the scheme had pilasters clad in natural metal. The applicants are still willing to utilise the metal finish if Members have doubts over the concrete finish and a suitable condition could be used to cover this.

The top half of the pilasters tilt slightly forwards towards the street as does the upper half of the shop front glass. This projection towards the street is increased by the top of the pilaster being curved above the level of the glass. The spaces between the curved part of the pilasters is filled with curved metal.

The upper floors then spring from the outer edge of this curve meaning that the apartments, which occupy the upper floors project over the upper level pedestrian walkway below. This will provide weather protection cover to about 50% of the upper level walkway.

The apartments are massed into four distinct residential ‘villas’ that rise to three storeys in the centre they are linked by a single storey element that is set back from the main façade. Their elevations contain a high percentage of voids with large full height glass doors or fixed glass. The living rooms have in set balconies and the bedrooms Juliet balconies with glass balustrades. The rest of the façade is clad in ivory coloured glazed terracotta which returns along the side elevations. The rear elevation of the apartments is rendered.

Access to the apartments is gained from a staircase and lift on Cross Burgess Street which ascends to the roof of the retail units. Residents then walk on the roof to their own door the upper level doors are reached by steps up to a landing area.

The elevation to Cross Burgess Street is clad in the same materials but here the terracotta extends down to the upper walkway level. Also the elevation closest to the Citadel, which contains an escape stair is clad in the same brick that is

185 proposed to be used for Block 4 on the opposite side of the street thus providing a visual link between the two blocks.

The rear elevations of the retail levels are generally hidden from public view due to the tall buildings on Pinstone Street, they are blank and built of blue engineering brick. The wall behind the Citadel will however be glimpsed where there is a gated access and 2 metre wide gap between the Citadel and the end of block 3.

Heritage Consideration

The whole of this block is inside the City Centre Conservation Area it also wraps around grade ll listed Citadel building and adjoins buildings which undoubtedly make a strong contribution to the character and appearance of the Conservation Area. Conservation Area Consent has already been granted for the demolition of the existing buildings.

While none of the buildings to be demolished are regarded as making a positive contribution to the Conservation Area (the Lions Lair pub has some merit), Planning Policy Guidance (PPG15) makes clear that in considering new development local planning authorities must have regard to the preservation or enhancement of a conservation areas character and appearance.

Where block 3 abuts Town Hall Chambers the new building is natural stone, not only to be sympathetic to the existing building but also to reflect the other stone buildings which front onto Barkers Pool particularly the City Hall.

The scale and detailing of this element reflects the frontage of Town Hall Chambers including the height, the set back of the top floor, horizontal recesses that line up with existing features and similar proportions for the shop fronts. This is a very important frontage that is currently occupied by the red painted steel and glass nightclub. It is considered that the replacement building will be beneficial in terms of the character and appearance of this part of the Conservation Area.

The main elevation is 150 metres long and with a maximum height of 24metres the basic massing is distinctly horizontal in form. The Conservation Area is characterised by buildings that have vertical proportions to the windows and detailing of their elevation, therefore there architecture has a vertical emphasis. Therefore a potential conflict arises between the form of the new block and the character of the existing buildings.

The original pre-application design for block 3 had little regard for the character of the existing buildings but various changes have ensued the aim being to give the elevations more vertical emphasis. These include robust pilasters to the upper level shop fronts, the vertical grouping of the windows and balconies to the flats but most significantly the massing of the flats into four sub blocks. Each block is emphasised by the single storey element between then being recessed. In addition to giving the mass vertical emphasis the four sub blocks give a pleasing rhythm to the elevation along this long frontage. It also breaks up the massing of the upper levels into a building width that is akin to the existing frontages in the Conservation Area e.g. Pinstone Street.

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The main facing material for the residential levels is glazed terracotta in ivory colour. While terracotta can be found in other buildings in the Conservation Area e.g. the Prudential Insurance Buildings on Pinstone Street this terracotta is the traditional red colour. The off white colour proposed does compliment the light buff of the stone and general light feeling created by the large areas of glass to the lower floors. It will also reflect light into the new street and complement the buff coloured brick proposed for block 1 on its opposite side. The main elevation faces the new blocks of the NRQ and is not seen in the context of the older buildings of the Conservation Area, the proposed facing material is therefore considered appropriate.

The height of the block is appropriate in the Conservation Area and the design has sufficient drama and quality while containing strong vertical elements to break up the horizontal mass and reflect the character of the older buildings. It is contended that the building will actually enhance the Conservation Area being more appropriate than the existing buildings, one of which (Barkers Pool House) can be seen looming over the Pinstone Street range in views from the Peace Gardens.

The Salvation Army Citadel; (now unused) is a grade ll listed building. The parameter plans of the Outline Planning Permission specified that a maximum height for block 3 and this was reduced for that part of the block close to the Citadel. The proposed building is 3.4 - 5.0 metres below the specified maximum height. The building also increases in height gradually as it moves away from the listed building. Earlier in this report the design principles of the Masterplan for block 3 are quoted. One principle was that the new building height abutting the Citadel will correspond to the parapet height of Pinstone Chambers thus creating a balanced framing to the listed building. Block 3 doesn’t abut the Citadel, there is actually a 2.0 metre gap but the new part closest to it does match the parapet height on Pinstone Chambers.

Both the Citadel and Block 3 are lower than Pinstone Chambers, so there is no danger of the new block being overdominant, indeed it is also lower than the current John Lewis store.

It is considered that the scale and massing of the new block is appropriate and respects the listed building.

Officers raised concerns over the appearance of the Cross Burgess Street elevation shown on the original submission. It was felt that the variety and interest displayed on the main elevation hadn’t been continued into Cross Burgess Street which is a main route into the NRQ. Also, the width of the upper walkway was inadequate. The impression gained was that this frontage was not significant; these issues were echoed in a representation from the owners of Citadel.

The applicant responded with several beneficial amendments to the elevation including:

- The colonnaded shop frontage was returned round the corner into Cross Burgess Street. This not only brings architectural interest and shop

187 fronts onto this elevation, it increases the width of the upper walkway in this area from 2.8 metres to 5.3 metres.

- Additional residential windows and balconies were introduced.

- The staircase elevations (the part nearest the Citadel) was reconsidered. This resulted in the introduction of windows with a vertical emphasis and inset string corners in the brickwork to break down the scale. The brickwork bond was changed to combine both the black and silver brick (the same as Block 4) in a gothic bond that gives a distinct pattern to the elevation.

While these changes were not primarily sought to benefit the setting of the Citadel they undoubtedly do so.

The Citadel is a very ornate and quirky building and the new building shouldn’t compete with it for attention. It is considered that the revised elevation to the new building displays the right balance, providing suitable restrained architectural quality.

Highways and Transportation

The block is linked by underground corridor to the main service yard located below block 5. It was expected that all servicing would take place via this route and no on-street servicing would be necessary, however, the application proposes servicing the residential element from the street. This means that bins would be brought down to Cross Burgess Street where there will be no vehicular access, so they must be taken to Pinstone Street for collection. This arrangement is far less desirable than having all refuse going to the service yard. There is a possibility that bins would be left on Pinstone Street before the bin lorry arrives and after it leaves. At present the buildings are not serviced from Pinstone Street and this is considered to be making the pedestrian environment on this important city street worse. Policy CS61 of the Core Strategy proposes that the NRQ will be a pedestrian priority zone “in which a high quality environment will allow the safe, convenient and comfortable movement of pedestrians within and through the area”. The residential servicing proposals do not support this policy.

In addition to conflict with pedestrian areas the movement of bins, possibly in the early hours to reduce this conflict could disturb residents in the new flats and those who live in Pinstone Chambers and Laycock House which are both on the junction of Cross Burgess Street and Pinstone Street. It would also be a breach of an outline planning condition prohibiting the movement of waste bins between 23.00 and 07.00.

The Outline Application stated that the residential element to this block would be serviced via the main service yard. The applicants are not willing to remove the on-street servicing proposal from the application, at this time. They are currently reviewing the form and extent of the main service yard and this work may have an influence on this issue. Therefore, they have agreed to accept a condition which will enable the issue of residential servicing to be resolved at a later date.

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A large number of cycle storage spaces are provided for residents on the residential courtyard level.

Sustainability

There are clauses contained in the legal agreement related to the outline permission which deal with green roof provision and the production of a sustainability strategy (including considering CHP, water conservation, waste recycling, materials). They also require a 10% reduction in carbon dioxide emissions in comparison to the Building Regulations requirements.

In relation to block 3 green or brown roofs are shown to the residential element and the roof above the retail also has a limited amount of planting. The aim is to obtain a ‘Very Good’ BREEAM rating for the retail and Code for Sustainable Homes level 3 for the apartment (level 3 means a 25% improvement in energy efficiency compared to 2006 Building Regulations).

Accessibility

The consultants dealing with access issues have attended Access Liaison Group on several occasions to ensure that the NRQ fully meets the needs of the disabled. The application includes a Residential Access Statement, this shows that 75% of the flats will meet Lifetime Homes Standards. None of the units can be used as Mobility flats because of the lack of car parking for the scheme. Mobility accommodation is to be provided elsewhere.

All the retail units will be accessible and a public lift is provided on the new street.

Amenity

The outline permission contains conditions setting noise limits for the interiors of residential accommodation, noise from plant and from retail premises. An acoustic report is included in the submission setting out how the noise emission will be technically controlled. The Environmental Protection Service are happy with its recommendations but require further details in respect of the attenuation of plant noise for existing residents on Pinstone Street. The existing residents live in the upper floors at Pinstone Chambers and their rear windows will be between 5.5 and 8 metres from the rear wall of the new block; the distance accords with the outline planning permission.

Due to this proximity the applicant agreed to supply a daylight report. This report uses two accepted methods of assessing daylight impacts on the windows or rooms of the flats. The VSC method assesses the potential for daylight on the window surface and the results predict that of the 30 windows involved 10 will experience noticeable reduction in daylight. The ADF method assesses actual light distribution within a room, it showed that of the 16 rooms involved 2 fall below the recommended daylight levels; these are bedrooms which are used most at night anyway.

189 Also within the report is a shadow analysis which shows the difference in the sunlight hitting the windows before and after development. It shows the conditions on the equinox (March 21st). Due to them facing west, sunlight cannot strike most of the windows involved until after midday. After 1pm the analysis shows that the development does put more windows in shadow than the current building, for instance at 3pm the top 3 floors would be in sunlight currently which would reduce to the top floor only with the new block. However, due to the removal of Barkers Pool House there is a slight benefit at 4pm. This also shows up in the daylight tests where the daylight received by the top two floors increases due to the scheme.

However the upper floor windows will inevitably receive better levels of light than those lower down, thus the loss of light to the lower floors is regrettable as they are the ones that already receive the poorest levels of daylight.

In addition the existing Lions Liar pub is a two storey building with a rear yard which means the aspect is fairly open from some windows, this will of course change. In addition the rear wall of block 3 will be closer to the windows. Therefore the block will be more overbearing than the current situation. The residents will however benefit from increased privacy, there will be no windows in the rear of the block. At present there are a lot of windows in Barkers Pool House which is only 9 metres from the flats. There is also a beer garden at the rear of the pub which also affects privacy and results in some noise disturbance, the Council has received complaints about this.

In summary, there will be some adverse affects for the occupiers of the four apartments on the first and second floors in terms of daylight and sunlight reduction, and overbearing. However, this should be balanced with improvements in respect of privacy and noise levels, provided the new plant is attenuated.

It is concluded that the overall impact on residential amenity will be acceptable. A condition is however proposed to ensure that the parapet height of the new wall is kept as low as feasible.

RESPONSE TO REPRESENTATIONS

The representations received raised concerns over residential amenity and the design of the building where it fronts onto Cross Burgess Street. There issues have been covered in the report.

SUMMARY AND CONCLUSION

The submitted details are in line with the outline planning permission.

It is considered that the design has improved significantly since pre-application discussions commenced and the building now responds well to its setting in the City Centre Conservation Area. On Barkers Pool the elevation is stone to reflect the adjoining retained building and the building will beneficially replace the glass and steel former cinema. The scale of the main elevation has been broken down and given more vertical emphasis. On Cross Burgess Street the elevation has

190 been given more presence while not competing with the listed Citadel in scale or complexity of design.

Both PPG15 (Planning and the Historic Environment) and development plan policy require that the character and appearance of a conservation area must be preserved and the setting of a listed building respected. While consent has already been granted for the demolition of the existing buildings the replacement must be appropriate. In this case officers consider that this is not just an appropriate replacement but that it will be beneficial to the character and appearance of the conservation area.

While in all other respects the highway matters are resolved, officers are not convinced that bin collection from Pinstone Street for the residential element can be justified. A condition will allow this matter to be resolved at a later date when issues surrounding the design of the main service yard are clarified.

In conclusion it is considered that this building is not only appropriate in the Conservation Area and adjacent to the Citadel but will add substantially to the vitality and viability of the area.

RECOMMENDATION

It is recommended that the application be approved subject to the listed conditions.

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Case Number 08/03377/REM

Application Type Approval of Reserved Matters

Proposal Retention of facade and erection of building for use as Class A1 - A5

Location Site Of 68-104 Pinstone Street, 1-19, 4-8 Charles Street, 14 Cross Burgess Street, 35-49 Cambridge Street (Block 4 New Retail Quarter-Sevenstone Development) Sheffield S1 2HP

Date Received 02/07/2008

Team CITY CENTRE AND EAST

Applicant/Agent RPS Group Plc

Recommendation Reserved Matters Approved Conditionally

Subject to:

1 Prior to the following items being provided or erected full details of them shall be submitted to and approved by the Local Planning Authority:

a) Cycle storage for staff b) Manifestation to the glazing in the shop fronts c) Facing materials, including a sample panel incorporating the brickwork, frieze and shop front surround. d) Shop fronts including those to the retained buildings e) External ground level doors f) Mansard roof g) Roof top plant

In the interests of the amenities of the locality.

2 Before the development is commenced details of the following shall be submitted to and approved by the Local Planning Authority:

a) Means of pedestrian access into the shop units including levels b) Repairs and refurbishment of the retained façade and Laycock House c) Biodiverse roof and screens to the plant area d) Layout and landscaping of the outdoor area to the rear of Laycock House

In the interests of the amenities of the locality.

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3 Notwithstanding the indications given on the approved plans the balustrades are not hereby approved and full details of these shall be submitted to and approved by the Local Planning Authority prior to their provision on site.

In the interests of the visual amenities of the locality.

4 No windows serving the retail floor space shall be blocked up, filmed over or otherwise rendered none transparent without the prior written approval of the Local Planning Authority.

In the interests of the visual amenities of the locality.

5 Unless otherwise agreed in writing the development shall not be used until the following have been provided/carried out:

a) Manifestation to the shop front glazing b) The repair and refurbishment of the retained façade and Laycock House c) The Biodiverse roof

In the interests of the amenities of the locality.

6 A working internal connection between the development and the service yard shall be provided prior to any of the retail units starting to trade and the link shall thereafter be retained in operation.

In the interests of the amenities of the locality.

7 The soft landscaped areas shall be managed and maintained for a period of 5 years from the date of implementation and any plant failures within that period shall be replaced to the satisfaction of the Local Planning Authority.

In the interests of the amenities of the locality.

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

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

9 Notwithstanding the indications contained in the application the proposed facing brickwork is not hereby approved. Prior to the erection of any brickwork on site details of the facing brick shall be submitted to and approved by the Local Planning Authority including the provision of sample panels containing a variety of alternative facing bricks selected in consultation with the Local Planning Authority.

In the interests of the visual amenities of the locality.

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Attention is drawn to the following directives:

Site Location

194 INTRODUCTION

This is a reserved matters application for Block 4 of the New Retail Quarter (Sevenstone). It is in general accordance with the siting shown in the outline planning permission and includes the retention of Laycock House and the Pinstone Street elevation of the Bank building (88-92 Pinstone Street) as required by the outline permission.

The application does not seek approval of landscaping, i.e. the external works to the spaces surrounding the block nor the bridges which connect it to other NRQ blocks, these matters will be the subject of a separate application covering the whole development.

At their meeting on 27th October 2008 Members resolved to defer the determination of this application to allow further discussion with the applicant in respect of the Boards concern over that the design would have a negative impact on the Conservation Area and the adjacent listed building. They requested that further consideration be given to the interaction between the new and old buildings and how the retained windows could be amended to incorporate more of the original design.

AMENDMENTS FOLLOWING DEFERAL

From the comments made by Members their main concern over the interaction between new and old appeared to centre on the colour of the bricks proposed. In consequence a number of alternative bricks with a variety of colours and textures have been looked at but it has proved difficult to find a sample that was an obvious improvement on the semi-glazed black and silver proposed. It is therefore proposed that the bricks are not approved at this stage; instead a condition requiring that sample panels, comprising various alternative bricks, be constructed prior to work commencing is suggested. This will enable the Council to consider the alternative bricks in context and in natural light conditions, a large panel with mortared joints will be a much better indicator of the appearance of the finished walls. The applicants are willing to accept such a condition.

The original proposals for the glass within the windows of the retained bank building on Pinstone Street involved the application of decorative films. These have now been deleted from the proposals and the windows will appear as they currently exist. A condition enabling continued control over the blanking out of these windows is proposed.

In all other respects the application and the following report hasn’t altered from that considered in October

PLANNING HISTORY AND BACKGROUND

Outline planning permission for the New Retail Quarter proposals, establishing the principles of the development was approved on 6 November 2006 (ref:05/03933/OUT). At the same time the following were issued:

195 Listed Building consent for the demolition of 32 Cambridge Street known as the Bethel Chapel Sunday School (ref: 05/03934/LBC).

Conservation Area consent for the demolition of buildings within the Conservation Area (ref: 05/03936/CAC).

Listed Building Consent to improve and maintain the external fabric of 20-22 Cambridge Street, Grade II* Leah’s Yard (ref: 05/03936/LBC).

Detailed Planning Consent for 20-26 Cambridge Street Works related to the listed building proposals for Leah’s Yard (ref: 05/03937/FUL).

The outline planning permission allows:

A mixed use development comprising of refurbishment/change of use of existing buildings/erection of buildings for retail (use classed A1, A2, A3, A4 and A5) housing (use class A3) night club, health and fitness club, multi storey car parking and ancillary uses including the closure and alterations of public highways, vehicular access, serving facilities, formation of open space and associated landscaping.

The consent is accompanied by 68 planning conditions and there is a Section 106 Agreement of the same date.

Planning permission was granted in outline with all matters reserved with the exception of the principal means of access to the site boundary. Condition 5 required reserved matters in respect of the siting of the buildings, their design and external appearance and access and landscape to be substantially in accordance with the Development Specification, Parameter Plans and Design. Principles as defined in the Masterplan Part D that accompanies the Outline Planning Application.

The approved amount of development is defined within the Development Specification dated May 2006. Permission was granted for a maximum of 98,500 sqm Gross External Area (GEA) of new retail use (use class A1 – A5) floor space. This represents a net increase of up to 68,559 sqm GEA once existing retail premises (principally the existing John Lewis building – 17,124 sqm) have been taken into account. Consent has also been granted for a range of non-retail uses including a maximum of 232 residential units, a night club and health club. The development also includes up to 2,200 public car parking spaces.

An Environmental Statement accompanied the Outline application. In addition, a considerable amount of information defining the development was included. The 15 parameter plans approved at the Outline stage fix the physical characteristics of the proposal, including the parameters for the location, size and height of the 8 principal blocks and the vehicle, pedestrian and disabled access routes to and through the scheme. They show a series of buildings arranged around a network of open streets.

196 LOCATION AND PROPOSAL

The building is located in the south eastern corner of the Sevenstone Masterplan. The site comprises land bounded by Pinstone street, Cross Burgess Street and Cambridge Street. A single block is proposed in place of the two existing blocks which are currently separated by the northern part of Charles Street. The whole of the block is located with the City Centre Conservation Area. The listed Salvation Army Citadel is located to the north of the site and will be retained as part of the Sevenstone scheme. Shops and other commercial premises (predominately dating from the 1960s) are located to the east on the opposite side of Pinstone Street. The existing John Lewis department store/multi-storey car park is located to the north, whilst buildings on the western side of Cambridge Street will be cleared as part of the Sevenstone project, being replaced by Blocks 3 (retail and residential) and 5 (retail and residential tower) respectively. Apart from a large 1960’s office block, the other building on the site date from the end of the 19th century.

The building structure commences at basement level but is confined to the provision of corridors linking into the main service yard (beneath block 5). The ground floor comprises individual retail units, the shops at Laycock House are refurbished and the yard to its rear removed due to the extension of the new building. On the floor above a large retail unit referred to as an MSU (Major Space User) runs from Pinstone Street to a colonnaded walkway on the buildings northern frontage. The colonnade is linked by bridges at either end, to blocks 3 and 5 and thus forms part of the upper pedestrian route through the NRQ. The rest of this floor is occupied by the upper floors of ground floor retail units.

The final floor is occupied by the MSU except for a third retail floor to a large unit on Cross Burgess Street and the residential floors of Laycock House.

The flat roof is surrounded by a mansard roof which helps to screen the plant though further screening is provided by planted mesh screens. The development will contain nearly 8,000 sq.m of class A retail floor space together with 5 residential maisonettes.

THE CONSULTATION PROCESS AND REPRESENTATIONS RECEIVED

Extensive publicity was given to the NRQ before and during the outline application process, all of which is described in the report on the Outline application.

It is estimated that more than 3,500 people attend and 342 questionnaires were completed. As was the case at the Outline stage, the respondents supported the regeneration of the ‘Sevenstone’ site 80% being in favour and only 6% against. The results from the questionnaires show that the respondents were generally enthusiastic about the designs proposed for the NRQ as a whole – 61% positive, 17% negative, 22% unsure.

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They were also asked to select their preferred design from the nine blocks displayed; block 4 proved to be the 3rd most popular. It also faired well when peopled answered the question “which part of the scheme are you least sure about architecturally”.

The following comments were specific to Block 4.

- Maintains the detail of ‘old Sheffield’ and is the most elegant building in the scheme’ - Not sure about the texture and colours - Love the fusion of Victorian styling and the modern spacing of the windows - The building is dark and foreboding compared to the other designs - Exciting design and sensitive accommodation of the existing context - Interesting design and use of pattern and materials - Blends well the existing period architecture surrounding the development

Upon submission of the application the following publicity was given to the scheme:

The drawings for block 4 and block B were displayed in the Town Hall foyer during September together with comments sheets, 26 of these were filled in. The responses on block 4 were:

11 respondents were opposed to the proposals some of the reasons given are: - keep the existing buildings - doesn’t reflect the character of the existing. - decoration good but doesn’t really fit in.

5 respondents were in support and made the following remarks: - looks great - more of the same in Sheffield, a mix of old and new. - the contrast with surrounding buildings works well.

Responses from Consultees:

Sheffield Urban Design Review Panel. NB. Comments made prior to the submission of the application (March 2008).

The Panel welcomed the opportunity to comment further on this proposal and were very impressed by the response to the previous Panel comments which they felt were creating a very impressive building.

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Infill section

The Panel felt that the changes to the fenestration, the scale of windows and the increased modelling appeared to work quite convincingly and were a real improvement, offering a greater resonance with the existing buildings.

The treatment of the junction between the new building and the existing corner building was now much more satisfactory.

Roof

The design development to introduce modelling to the roof, together with the introduction of the new eaves detail had a real conviction. The change from the ‘folded brick’ concept to the metal roof was considered a real improvement.

Conclusion

The panel were really impressed with the refinements proposed that have improved the building enormously and produced a strong scheme and they were keen to see that this concept was properly followed through to realise this exciting proposal.

The key to this scheme is the realisation of the intricate details and retaining the rich palette of materials which are central to the success of the concept.

Conservation Advisory Group

While acknowledging that a great deal of thought had gone into the design, the Group were concerned that the black and silver brickwork might be a discordant element in the conservation area which was otherwise dominated by red brick. There was concern, too, that the surface treatment of the buildings was not echoed in the treatment of copings at roof level and that the patterned brickwork was in effect a kind of wallpaper. While appreciating the desire to create a strong corner element, the Group considered the large window with its deep, gilt, reveals capped by a mansard to be crude. The Group also did not think that it was appropriate to infill the windows of the HSBC building.

English Heritage

English Heritage attended the Urban Review Design Panel meeting in March 2008 when this proposal was discussed. The Panel, whose views we shared, had been concerned that the scheme previously presented had lacked some conviction especially with regard to the modelling and linkages with the buildings which are to be retained.

We continue to consider that, having consented the demolition of some of the buildings within the block,, there is a need to integrate the replacement buildings yet allow them to have them to have a common identity. The Hawkins Brown elevations do now address these issues more convincingly.

199 However, a number of design details still need to be addressed to secure better streetscape. We have had sight of the advice of your conservation/planning team which seeks to bring about a better building. We concur with that advice especially with regard to the high level and the ground floor changes where shop front detailing will have a significant impact. All street level changes must be well detailed and use high quality materials. In addition, at first floor level, we question the apparent intention to block windows to the bank (building block 4 on dwg 04- GE-210-HB-EP-3205 rev A). We see no justification for this and advise that the matter of levels behind the facades should be addressed at this stage.

Creative Sheffield

Have written supporting the application, the letter concludes: “The proposals provide a striking design for this prominent site, Creative Sheffield support the scheme and recommend the application is approved”.

Victorian Society

Object to the scheme which they believe has a detrimental impact on the character and appearance of the Conservation Area. They make the following specific statements:

“The City Centre Conservation Area is characterised by the use of red brick and stone and while the proposed black and silver tiling and precast concrete plinth and frieze are interesting in terms of materials and their details, they are not suitable for this location within the redevelopment site. The site requires a much more sensitive and contextual approach.

In addition, the Society has strong reservations regarding infilling the windows of the HSBC building. Façadism is not normally an acceptable approach to the re-use of historic buildings, if it is to be considered then care should be taken to mitigate the damaging impact on the building’ special interest and preserve the integrity of the building by relating the new building as closely as possible to the retained façade. In this case, however, it appears that the new floor plate at second floor level cuts across the existing windows, necessitating the infill of the windows. The applicant should consider amending the height of the second floor, rather than destroying the few remaining features of the former bank.”

Representations:

Councillor Jilian Creasey has written objecting to the demolition of any of the frontages to Pinstone St.. The size of the commercial units should be adapted to what the existing buildings can provide and economic changes will mean smaller units will be in demand in the future.

One letter has been received stating – ‘The proposals for this block will produce a building that is truly distinctive and is likely to remain unique to Sheffield’ it goes on to express support for the development. However the writer argues that the demolition of the ‘Pepper pot’ building is proved to be unnecessary by the current application which does not

200 show an MSU - major space user- in this part of the new building and shows a step down in floor levels into the area replacing that building. The need to locate an MSU in the gateway building and have level floor plates were two of the reasons for demolition given by the applicant at the outline stage. Other issues raised are: - There will be an unacceptable impact on the residential amenity of Laycock House. - The gateway building hasn’t been designed as a separate building. - Some part lack connection with the outside. - Glass not brick should be used in the windows of the Bank.

Two other letters have been received, one objects because the existing buildings will be replaced with “bland and repetitive structures”. The other respondent is concerned that the rear elevation of Laycock House will no longer be visible from Cross Burgess Street and the community of residents who currently live there will be lost. One letter received after the October 08 Board meeting objects to the demolition of the existing buildings.

PLANNING ASSESSMENT

Conformity with the Outline Planning Permission

As mentioned earlier Condition 5 of the outline permission requires reserved matters in respect of the siting of buildings, their design and external appearance, access and landscape to be substantially in accordance with the Development Specification, Parameter Plans and Design Principles as defined in the Masterplan Part D that accompanied the planning application.

The outline permission envisaged that the building would extend over Charles Street and that Laycock House (Block D) would be retained and used for retail and residential, its current uses. It also proposed that three floors of retail uses would be developed and the Pinstone Street and corner elevation of 88-92 Pinstone Street (the Bank) retained, together with its roofscape above these elevations. The reserved matters application is in line with these fundamental requirements but there are areas which differ.

In the outline scheme this block wasn’t connected to the main service yard as is now proposed. Undoubtedly servicing out of sight utilising the main yard is preferable to servicing from Pinstone Street in terms of vehicle movement, conflict with pedestrians and the character of the Conservation Area but the extra excavation needed was not envisaged in the parameter plans of the outline permission. This amounts to an extra depth of between 4.9m and 6.6m over an area of 76.5 sqm. It has no external affects but might have implications for ground conditions and archaeology; the applicants have assessed this and found no material change in the conclusions drawn in the Environmental Statement forming part of the outline submission.

There are some areas where the maximum building heights shown in the parameter plans are exceeded, including:

- The height of the roof is 0.5m higher

201 - The extension of the building into the rear yard of Laycock House represents an increase of 8.2m - Some minor increase due to plant locations.

The only substantial change is the increase at the rear of Laycock House. This requires fuller analysis because of the potential impact on residential amenity which is dealt with later. It is however a substantial increase in height but it is spread over a small area in comparison to the overall extent of the block it is therefore considered that the proposals remain substantially in accordance with the Parameter Plans.

The Design Principles for Block 4

Due to the importance of this block in the Conservation Area and the incorporation of existing buildings of character the Masterplans design principles were detailed.

“The southern end of the block forms an important gateway building to announce the development to the pedestrian approach from the existing retail area of The Moor. This gateway building continues its frontage on Pinstone Street, up to the retained frontage of the Edwardian Bank”.

“In Pinstone Street, both the gateway building and the infill building between the retained frontage of the Bank and Laycock House, should respect and respond to the scale and heights of those buildings”.

“The top of the parapet to the brick façade on Laycock House and the ground floor storey height of the Edwardian Bank will form controlling heights. At a secondary level, the infill building should acknowledge and respond to the double storey high timber shop fronts to Laycock House”.

“The Pinstone Street façade is organised into 4 elements: Laycock House, the infill building, the Edwardian bank and the gateway building stepping down the hill, and terminating with the gateway. Both the gateway building and infill building should have a distinctive sensitively designed roofscape. This should be reinforced further by the gateway building having a return roofscape to Cambridge Street, thereby reinforcing the characteristics of its corner position”.

“Important existing characteristics of Pinstone Street should be respected with replacement buildings including a complementary façade treatment (including proportions of window solids and voids) and rhythm of roofscape. The gateway building will be three storeys high and recognisable as a separate building in Block 4”.

“The first and second floors on the corner of Cross Burgess Street and Cambridge Street may include a single storey colonnade for the landing of the bridges between the blocks. The courtyard to Laycock House may be replaced with a terraced area at an upper level”.

“Both the infill building and gateway building are seen as complementary to

202 the Pinstone Street frontages and its distinctive characteristic of individual roofscape with careful consideration required to the façade treatment and use of materials (including where appropriate, the use of brick and slate).

“Whereas the Gateway building will be predominantly stone, the street faces to the rest of the block will be predominantly formed in brick or terracotta.

In the design and access statement the architects explain how these requirements have been interpreted in their design. The extent to which they are met is covered in the section on design.

Massing

The approximate maximum heights for this block were set at the outline permission stage. They were derived from the general height of the retained buildings. The proposed building reflects the height of the retained buildings closely. On Pinstone Street the proposed replacement building is 3 metres taller than the existing 94- 104 Pinstone Street (the Pepper Pot building). The additional height is appropriate here as the existing building lacks the scale that might be expected and the masterplan reflected this by proposing that the new building might go up to 10 metres higher at the corner. The proposed Cross Burgess Street elevation is very much akin to the height of the retained Laycock Building.

The roof line is constant though the height does vary because of the slope of the land on which it is constructed. Its height is very much akin to the retained buildings and the massing of its longest elevation, Pinstone St., is broken down into four separate elevational elements.

Design and External Appearance

Apart from meeting the needs of modern retail development the other primary objective for this building is that it should make a positive contribution to the character and appearance of the Conservation Area.

To a large extent the design has been controlled by the design principles in the masterplan, particularly on Pinstone Street, where the elevations and roof must be designed with respect for the existing facades. The main walling material is brick as the retained buildings are of brick. The architects have set out to avoid having the elevations being seen as a pastiche of the existing buildings, but they have not ignored the Victorian context of the site. Unusually they have used decoration as a historical reference to the Victorian period, as they say in the design and access statement.

“This use of ornamentation is wilfully nostalgic and will provide visual richness that is missing from many new buildings and capture some of the intrinsic quality of the existing Victorian buildings fronting the Peace Gardens nearby”.

The basis of this is the use of semi-glazed black and silver bricks laid in a diaper (diamond) pattern for the walls above the ground floor shop fronts, the semi- glazing will allow light to reflect when the walls are seen from certain angles The

203 surrounds to the shop fronts are also richly decorated using a quatrefoil design pressed into through coloured black concrete.

The shop fronts are further embellished with cast metal threshold strips between the pilasters.

The top of the elevation is terminated with a parapet, but between this and the brickwork there is an ornamented cast frieze employing a Yorkshire rose motif.

The design principles required that the buildings on Pinstone Street have a ‘distinctive roofscape’; the design includes a false mansard roof which also serves to screen the roof top plant. It is made of pre-patinated zinc in two shades of grey but is also slightly faceted due to its triangular panels being fixed in varying planes.

The windows are contemporary simple single sheets of glass that are either set within a stainless steel lined reveal or are set slightly proud of the brickwork.

The elevations do change on each street frontage as follows.

Pinstone Street

The elevation commences at the retained Laycock House, an attractive Victorian building. The shop fronts will be refurbished but retained in their current design and the building repaired. The new elevation between here and the retained façade and roof of the bank is the most formally composed part to reflect these existing buildings. The size of the windows reflects those in Laycock House and the number and spacing are similar though some are “subtly offset”. Where it meets the bank it is set back to allow for the splayed corner of the bank and is itself splayed to the back edge of the pavement.

The corner or gateway building is a similar height to the bank. It doesn’t emulate the established window pattern to the extent the infill building does, it has fewer windows but they are located quite formally one above the other. The corner is splayed and contains a flamboyant window feature where a single window sits within a recess of gold metal. The metal lining is actually a copper alloy applied in a diagonal pattern of interlocking shingles.

Cambridge Street

Here the rhythm of the windows breaks down as Cross Burgess Street end of the elevation approaches. They are also sparser, the elevations ending up predominantly brick except for the shop fronts. The elevation completely changes after the upper level bridge from block 5 enters as it lands onto a two-storey high colonnaded walkway. The external pillars are formed in the same patterned concrete as the shop fronts. However the ceiling and shop fronts inside the colonnade are clad in the same gold metal that is to be used for the feature window at the Pinstone Street corner.

204 Cross Burgess Street

The colonnade continues along this street where another bridge connects it to block 3. The rest of the elevation up to the rear of Laycock House is similar to that of the gateway building on Pinstone Street and the height is very similar to Laycock House. At present there is a small yard to the rear of Laycock House, this is removed and the new building extends up to the two-storey retail element of the existing building. Access to the Laycock House flats is obtained through a door in the new area and stairs ascending to the current walkway to their doors.

The design doesn’t strictly follow the Design Principle of using stone and creating a recognisably separate building at the corner of Pinstone Street/Cambridge Street. However, the existing buildings are mainly brick so there is no contextual argument for the use of stone here. The corner building is subtly different from the other facades and the feature window makes it a focal point at this important gateway location. In other respects the design principles established at the outline stage have been adhered to. The building respects the scale and height of the retained buildings and the infill building in particular responds to the controlling height suggested and the scale and rhythm of the window openings in Laycock House

Heritage Issues

The report to Members accompanying the outline application expressed disappointment that the developers had not felt able to retain the pepperpot building 94-104 Pinstone Street. It also contained an assessment of the acceptability of the demolitions proposed in the Conservation Areas in terms of the policy contained in Planning Policy Guidance Note 15 (PPG15 ‘Planning and the Historic Environment’).

The report concluded: ‘This building cannot however be demolished until an appropriate replacement building has been approved and given the prominence and character of the existing building, approval should only be given for a design which has individuality and makes a positive contribution to the built environment,. On this basis alone it is concluded that the demolition of this building should be approved’.

The report also concluded that the other buildings proposed to be demolished in the area covered by the site of block 4 were of modest architectural merit.

Conservation Area Consent was granted for the demolition of these buildings subject to a condition requiring that reserved matters approval be obtained first. In effect Members are now determining whether the proposed building will make either a positive contribution to the Conservation Area or at least leave its character and appearance unharmed and is therefore a suitable replacement for the buildings to be demolished.

The most significant elevation of this block in heritage terms is that on Pinstone Street. The design principles for this elevation, established to ensure the design relates to the retained buildings and the character of the Conservation Area; are described earlier and have generally been met. While the use of a black and silver

205 brick colours contrasts with the traditional red brick, there is no doubt that this is a quality material. The bold use of decoration in the façade and to an extent the zinc roof departs from the usual uncompromisingly modern architecture normally favoured for infill developments in Conservation Areas. The flamboyant use of a gold metal lining to the colonnade and the corner window is novel and will add considerably to the building presence and character.

The roof and façade of the bank have been satisfactorily incorporate into the overall elevation. Its presence significantly enhances the architectural variety along Pinstone Street, which is divided into four distinct elements giving a grain appropriate to the Conservation Area.

The bank windows are retained as glass, an earlier proposal to use glazed bricks has been dropped.

The elevation on Cambridge Street is more modern and unregulated but this faces towards the other NRQ blocks. As the elevation on Cross Burgess Street nears Laycock House, the window pattern becomes more formal as appropriate.

The deep reveals to the decorated shop front surrounds and cast metal thresholds are strong details that add richness to the architecture.

Conclusion on design, external appearance and heritage

The provision of large level floor plates able to accommodate retailers with a variety of floorspace demands does not readily produce the varied rooflines and sub-division of elevations that is typical of the Victorian frontages in this part of the Conservation Area. On Pinstone Street due to the retention of two major buildings, the elevation is sub-divided and therefore has a grain that is in keeping with this streets existing character. The roof height window patterns and shop fronts echo the retained buildings. The other elevations are mores unregulated but they face towards other new NRQ blocks and the gold lined colonnade is bold and luxurious giving them both drama and breaking up the main elevation.

The use of decoration is a major departure from the norms of modern architecture but is reflective of the Victorian relish for it. This is a bold statement, especially due to its colour and Officers feel it has a unique quality that could result in it having more than local architectural significance.

Paragraph 4.19 of PPG15 makes clear that in considering new development in a conservation area planning authorities must have regard to the preservation or enhancement of its character and appearance. As a replacement for the ‘Pepper pot building’, the new corner element has presence (it is actually higher than the existing building) at the gateway and the individual character to make it an appropriate replacement for the existing building.

While the ‘Pepper pot building’ undoubtedly makes a positive contribution to the Conservation Area, the other buildings are of little merit and the largest, 1-11 Charles Street, is a five storey 60’s block that has a negative impact on the Conservation Area. Therefore In terms of its overall impact on the Conservation

206 Area it is considered that this high quality and imaginative proposal for block 4 will have a positive affect.

Highways and Transportation

The outline planning permission includes approval of the principle means of access to the NRQ site. In the case of this block, servicing was to be undertaken from a new service bay on Pinstone Street. However this application shows that the block will also be connected to the main service yard. This change is welcome because it will remove most of the vehicles necessary to service a building of this size from a street where the pedestrian should have priority.

Sustainability

The proposed ‘bio-diverse’ roof extends over 66% of the roof as the name implies. It involves three different substrate which are appropriate for different species of fauna and flora. Nesting boxes are also to be provided aimed at encouraging black redstarts which have been reported in the area and there will also be boxes for bats.

In respect of energy use, wall and roof construction is being designed to achieve a target of at least 25% better than what would be required by the current Buildings Regulations.

Waste is collected in a dedicated waste room and then taken to a central facility in the main service yard for sorting.

Accessibility

Consultants acting for the developer have been regular attendees at Access Liaison Group to ensure the development is as accessible and useable for the disable. This block has fairly steep streets to the sides which makes level access into shops difficult, therefore ‘twisted thresholds’ will be needed, the details of which will be carefully controlled. Access is available to the upper level shops as well but the 5 flats will remain only accessible by steps as their doors are at first floor level.

Amenity

The intention to build the new block within 4 metres of the rear elevation of the flats in Laycock House was referred to earlier. This would result in unacceptable outlook, overbearing and possibly levels of daylight for future residents. It also means that the opportunity to provide residents with an area of outdoor amenity space is lost, however the existing yard is of little amenity value and the new access arrangements will provide improved security fir the flats. The application proposes that the layout of the refurbished flats will ensure that all living rooms will face towards Pinstone Street thereby overcoming the above objection.

Conditions have already been applied to the outline permission regarding noise levels to the flats.

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RESPONSE TO REPRESENTATIONS

While the gateway building is not shown to be occupied solely by the MSU (the MSU does take its top floor) it is still a large unit no doubt aimed at a major retailer who will have similar requirements. Be that as it may the report to Members on the outline application didn’t emphasise the reasons for demolition put forward by the applicant as a major justification for allowing the replacement of 94-104 Pinstone St. Whatever the applicants reasons for not agreeing to its retention the fact is that they refused to do so and Members, having been appraised of the issues involved and national guidance contained in PPG15, resolved to grant consent.

SUMMARY AND CONCLUSION

The design guidance agreed at the outline stage has resulted in a building that responds to the context of the Conservation Area. Although the gateway element is not significantly different to the rest it is subtly different, it is also the tallest part of the block and contains a large feature window which identifies it as an important corner and gateway to the scheme. The height of the block as a whole adheres to the established scale of the retained buildings and the Conservation Area. Brick, the characteristic facing material for the area is used and the rhythm and scale of the windows on Pinstone Street reflect those in the retained buildings. In addition the Design Principles requirement for a roof scape echoing that of the retained building has not been confined to the infill and gateway buildings but has been beneficially extended around the whole building.

Laycock House will have its shop fronts restored and will be brought up to modern standards and the retained façade and roof to the Bank have been sensitively incorporated into the block

The meeting of the Design Principles however could still have resulted in a bland building and perhaps a poor imitation of the retained buildings. That is certainly not the case with this building, instead the architects have delivered a clever combination of an obviously modern building and strong references to the past. Brick is used extensively but the main historic reference is the use of decoration. Not only does this provide a strong link to the Victorian period when the existing buildings were designed, it is such a contrast with the normal appearance of modern buildings that it will be inevitably be striking.

The proposed building has the quality, design features and bold concept that give it individuality and make it a suitable replacement for the buildings to be demolished; it is concluded that it will make a positive contribution to the character and appearance of the Conservation Area.

In addition detailed designs for a green (bio-diverse) roof have been provided and the proposed means of servicing has been improved since outline planning permission was granted.

208 Officers therefore conclude that these reserved matters proposals will provide a building with individuality which makes a positive contribution to the Conservation Area.

RECOMMENDATION

Approve subject to conditions.

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Case Number 09/01509/REM

Application Type Approval of Reserved Matters

Proposal Erection of a building to accommodate 3-4 levels of retailing (Use Class A1 - A5) - with management suite and storage area on upper floors

Location Land And Buildings At Cambridge Street And Carver Street (Block 6 New Retail Quarter - Sevenstone Development)

Date Received 14/05/2009

Team CITY CENTRE AND EAST

Applicant/Agent RPS Group Plc

Recommendation Reserved Matters Approved Conditionally

Subject to:

1 Prior to the commencement of the development, details of the following shall be submitted to and approved by the Local Planning Authority.

- Junction between the block and the retained buildings on Cambridge St. - Management and supervision strategy for the public toilets. - The brown roof which shall include a substrate at least 150mm deep.

In the interests of the amenities of the locality.

2 Prior to their provision within the development, details of the following shall be submitted:-

- the perforated metal panels and other facing materials - external illumination including the lift and colonnade - the balustrade - internal finish to the public toilets - the shopfronts

In the interests of the amenities of the locality.

3 Notwithstanding the proposals contained in the application details, the following are not hereby approved further details shall be submitted to and approved by the Local Planning Authority prior to their provision within the development:-

- the colour and finish of the terracotta

210 - the external form/moulding of the cladding to the main metal columns. - the footprint, position and height of the plant enclosure

In the interests of the amenities of the locality.

4 Prior to the commencement of the development, details of the following shall be submitted to and approved by the Local Planning Authority:-

- measures to ensure that the location of the public lift is apparent to the public. - details of any twisted thresholds to external doors. - the width of entrance doorways - the layout of the public toilet

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

211 Site Location

INTRODUCTION

This is a reserved matters application for Block 6 of the New Retail Quarter (Sevenstone) development. It is partly within the City Centre Conservation Area and lies between Carver Street and Cambridge Street.

PLANNING HISTORY AND BACKGROUND

- Listed Building consent for the demolition of 32 Cambridge Street known as the Bethel Chapel Sunday School (ref: 05/03934/LBC);

- Conservation Area consent for the demolition of buildings within the Conservation Area (ref: 05/03936/CAC)

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- Listed Building consent to improve and maintain the external fabric of 20- 22 Cambridge Street, Grade ll* Leah’s Yard (ref: 05/03936/LBC);

- Detailed planning consent for 20-26 Cambridge Street works related to the listed building proposals for Leah’s Yard (ref: 05/03937/FUL).

The Outline planning permission allows:

The consent is accompanied by 68 planning conditions and there is a Section 106 Agreement of the same date.

The approved amount of development is defined within the Development Specification dated May 2006. Permission was granted for a maximum of 98, 500 sqm Gross External Area (GEA) of new retail use (use class A1-A5) floor space. This represents a net increase of up to 68, 559 sqm GEA once existing retail premises (principally the existing John Lewis building – 17, 124 sqm) have been taken into account. Consent has also been granted for a range of non-retail uses including a maximum of 232 residential units, a nightclub and health club. The development also includes up to 2,200 public car parking spaces.

LOCATION AND PROPOSAL

This block is flanked by Cambridge Street on its east side and Carver Street on its west side. On Cambridge Street, the north elevation abuts Leah’s Yard (II* Listed) and the other retained buildings (the Sportsman PH and Chubbies take away) these are also part of the NRQ. The rest of the north elevation will front onto a new

213 road that will connect Carver Street to Backfields. The lower part of Backfields will be built over. The south elevation will front onto a new pedestrian street that will connect Cross Burgess Street to Carver Street. It will be roughly paralled to the present Wellington Street but shifted northwards.

The area of the site between Carver Street and Backfields is currently a surface level car park and isn’t within the Conservation Area. The other part contains Bethal Walk and buildings that will be demolished. Conservation Area Consent and Listed Building consent has already been granted for this.

Block 6 lies where the large level difference between the Barkers Pool side of the NRQ and the lower Moor side is accommodate. Both Cambridge Street and Carver Street will be pedestrianised where they abut this block and there will be wide flights of steps between streets and the lower ground level of the NRQ. On Carver Street a public 24 hour lift is also provided.

The lower ground floor contains single storey shop units; these are generally below current ground level so only the shop fronts onto the new street will be seen. The eastern end at this level is taken up by new public toilets. The two floors above are also retail; these are accessed by the colonnaded upper walkway. The top floor is used for storage and the management suite which is accessed from Cambridge Street.

The block will provide 7,266m² of retail floorspace and active frontages to all four elevations except where it abuts the retained buildings.

THE CONSULTATION PROCESS AND REPRESENTATIONS RECEIVED

Extensive publicity was given to the NRQ before and during the outline application process, all of which is described in the report on the Outline application.

It is estimated that more than 3, 500 people attend and 342 questionnaires were completed. As was the case at the Outline stage, the respondents supported the regeneration of the ‘Sevenstone’ site 80% being in favour and only 6% against. The results from the questionnaires show that the respondents were generally enthusiastic about the designs proposed for the NRQ as a whole – 61% positive, 17% negative, 22% unsure.

They were also asked to select their preferred design from the 9 blocks displayed; block 6 actually received the least positive response. However, when asked which block they were most unsure about block 6 favoured better as there were two other blocks which attracted more concern.

The following comments were specific to block 6:

- Visually uplifting;

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- Don’t agree with the demolition of the old buildings;

- Uninspiring box with no character.

Upon submission of the application the following publicity was given to the scheme:

Neighbour letters to surrounding properties and those within the site; Site notices in the surrounding areas; Press Release; Statutory advertisement in a local newspaper; Update of the NRQ website; Statutory consultations; Display of the design and invitation to comment ( in a shop on Pinstone Street)

RESPONSES FROM CONSULTEES

Sheffield Urban Design Review Panel

Block 6 was initially reviewed on 19 November 2007, which was updated on the 6 March 2008. Other Sevenstone buildings and public realm were also considered at these meetings. Comments on Block 6 can be summarised as follows:

Block 6 – 6th March 2008 Panel

The Panel welcomed the developments to the scheme and felt overall that the building was more sympathetic which resolved earlier concerns. Resultantly the building has a better relationship with the covered street and Cambridge Street.

Cambridge Street

The Panel accepted the complete change in approach and applauded the design development from the previous scheme, but felt that some further detailed design work was needed to make more sense of the rhythm and sale of Cambridge Street. There was discussion as to whether the building needed to have two faces, relating both to its new context and the new shopping street as well as to the historic context and grain of Cambridge Street.

The concept of grounding the grid on the stone base was felt to be successful, and the move towards introducing activity facing directly onto Backfields, with smaller retail units was welcomed.

The Panel remained disappointed that the building was still forward of the building line on Carver Street, although it was noted that the reduced massing had enabled more extensive views of St. Matthew’s Church. The development of the lift appeared to be successful.

215 Elevational Treatment

The Panel had some reservations about the detailed façade treatment and considered that further development of the secondary order elements was required to enrich the architectural vocabulary. Specific comments referred to the insubstantial line to the upper soffit and the opportunity for a more pronounced edge beam; it was felt that the L shape form to the panelling around the window could appear somewhat arbitrary. There was uncertainty in relation to the use of dark brown terracotta.

Conclusion

The Panel felt that the scheme had developed considerably since the previous Panel and that the massing was much improved; though there remain a number of outstanding issues at an architectural level that they felt that required some further design development.

Conservation Advisory Group.

(NB. These are the draft minutes of the meeting of the Group held on 21st July)

‘The Group felt the development was not over large but the details of the materials were unclear, in terms of their type and their colour. The Group considered that Saint Mathew’s Church, Carver Street deserved better treatment than it would receive from the development and the development did not fit sympathetically with the boundary of the conservation area, which would need to be redrawn, possibly leading to the exclusion of the Sevenstone buildings. The Group felt that the design paid little heed to the slope of Cambridge Street and, although the street corners were acceptable, the junction with Leah’s Yard at the front was poor and needed to be improved. The Group also considered that it was not clear whether the development would have a green roof and as it involved a new building of 21st century design, it really needed to address this issue better. The Group stressed that the roofscape was important and, even if it was not a green roof the design must try to ensure a clean & tidy roofscape, particularly where it would be overlooked by apartments. The Group felt that as presented, the development was a monolithic block with a great deal of plant on the roof. The Group also considered that it was important to retain the ‘Backfields’ thoroughfare, or something similar if possible, through to Cambridge Street, perhaps with a new narrow street like Chapel Walk which could be named ‘Bethel Walk’. The Group expressed concern over the timeframe of the development and expressed its belief that although the economic recession was causing delays to this whole project, it was no excuse for ignoring problems raised and in fact gave time to resolve them better. The Group felt, reluctantly, general acceptance of the scheme subject to the resolution, to the satisfaction of the Head of Planning, of the matters now raised, particularly regarding the materials, the junction with Leah’s Yard, the roofscape and the Backfields thoroughfare.’

216 English Heritage

Summary

English Heritage provided a comprehensive response to 05/03933/OUT establishing the original Outline Planning Application. These are set out in P00023103 and dated 2 December 2005.

Block 6 is part of the New Retail Quarter and changes proposed to the outline application have a possible negative impact on the Conservation Area.

The overall reduction in height of the NRQ is not sufficient reason to accept a height increase of 2.8m to a prominent rooftop plant room over Block 6 adjacent to the listed Leah’s Yard and other heritage assets.

English Heritage Advice

The increase in massing should be reconsidered to reduce the height of this element of the overall scheme and its impact on the adjacent historic buildings.

Recommendation

Before the application is determined English Heritage recommends that the full impact of locating the plant room close to the boundary with Leah’s Yard is assessed for its visual impact.

The planning conditions referred to in P00023103 should be confirmed to ensure that the original retained buildings in the conservation area are fully utilised for identified uses prior to any retail accommodation being occupied.

English Heritage would recommend that the issue of phasing, retention and investment in the historic buildings is clarified to ensure that they are retained.

REPRESENTATIONS

3 letters have been received; all the letters express strong objections because:

- Buildings of character are to be replaced with a characterless box like structure of no architectural merit;

- the loss of the existing buildings might be compensated for if the replacement was high quality. Block 6 falls lamentably short of this standard it is a functional slab sided box typifying joyless 60’s architecture;

- it is of insufficient quality to justify the demolitions of the Bethal Sunday School and former Primitive Methodist Chapel, fails to respond sympathetically to the retained historic clusters of buildings on Cambridge and Carver Street, and does not preserve the historical

217 record of the demolished buildings nor allow for the historical interpretation of the site;

- the South elevation is appropriate to its context and will make a good foil to the more flamboyant Block 5 and street canopy, but the West, North and East elevations lack its variety and transparency. The East elevation in particular is dominated by a disproportionate of dark terracotta, creating a heavy, unsympathetic appearance.

PLANNING ASSESSMENT

Conformity With The Outline Planning Permission.

The application is in line with fundamentals of the outline permission but there is one area of difference. The height of Block 6 is shown on Parameter Plan 7 of the outline permission, to be predominantly 106.000m AOD in height, but this is then reduced around the edge of the building to 100.000m AOD. The proposed plant room would exceed part of the 100.000m building height along the northern boundary (by approximately 3.000m). This over-sail arises because of the desire in design terms to maintain the modular and linear nature of the building and to accommodate the requisite plant and servicing for the different uses. If this were to be contained elsewhere through the building it would impact on the distribution of floorspace resulting in a poorly laid out and inefficient retail layout. In overall terms, the exceedence is balanced visually because the predominant height of the proposed building (102.800m AOD) is 3.200m lower than the consented 106.000m building height. In addition the footprint of the highest part of the building is pulled back from the Cambridge Street and Carver Street elevations by 7 metres and 3.7 metres respectively. In theory this redistribution of plant room volume should be beneficial but in practice the plant room moves 3 metres closer to the retained buildings on Cambridge Street and St Matthew’s Church. The visual and heritage implications of this are discussed later.

The Masterplan included the following Design Principles to guide the architectural development of block 6:

- Block 6 completes a primary urban block between Division Street and The Square. This block is required to respond to the change in scale between the bigger blocks to the south and the smaller northern blocks of the conservation area.

- This block will have an active street frontage onto three sides. The Backfield service road will be a simple façade, while the northern edge of The Square is likely to be formed by a two storey colonnade at the Upper Ground floor level.

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- In Cambridge Street the new block should be expressed as two elements with the northern part responding to the retained brick buildings, while the southern element should step up in scale to reflect the larger buildings fronting The Square.

- The height of the northern element should respond to the eaves line of the roof to Leah’s Yard which is expressed as a horizontal controlling line onto the new building.

- The mass of the block in Carver Street is also divided into two elements to address the smaller scale buildings of the church hall and St. Matthew’s Church to the north.

- The bulk of the massing of Block 6 should not be as tall as Block 7, retaining the department store as the primary building in the hierarchy.

- It is envisaged that the northern end of the block will be predominantly brick or terracotta where the building meets the adjacent Victorian buildings, and will also return and define the building in Cambridge Street and Carver Street.

- The north side of the Square should have a different character and quality to the south side. The long view from Division Street down Carver Street is terminated by the elevation of Block 6 beyond St. Matthew’s Church and needs careful consideration.

Policy Issues

As Outline permission has been gained, the policy issues centre on design and heritage.

The Unitary Development Plan contains the following relevant policies:

BE15 and BE16 require that development must preserve or enhance the character and appearance of a conservation area.

BE19 requires that the setting of listed buildings is not adversely affected by new developments.

The adopted Core Strategy of the emerging Sheffield Development Framework has the following policy of relevance to the proposals.

Policy CS 74 Design Principles – expects that development will respect the distinctive heritage of the City Centre and its metal trades.

Policy CS 61

“Pedestrian Environment in the City Centre

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A Pedestrian Priority Zone, in which a high-quality environment will allow priority for the safe, convenient and comfortable movement of pedestrians within and through the area, will be established in the following areas of the City Centre:

- The Moor and the NRQ are part of the list.

Design And External Appearance

Block 6 will complete an urban block that is contained by Division Street, Carver Street, Cambridge Street and the new pedestrian street at the core of the NRQ. The new street is provisionally called Bethal Walk after the current narrow lane that connects Cambridge Street and Backfields which will be built over.

The lower ground floor is cut out into the hill and therefore only has an external face on to the new street. As with the lower ground floors to all the blocks that are cut into the slope it is finished in natural stone. Wisely the stone will not be smooth cladding panels but will have a rough surface and will be layed in horizontal courses of varying depth giving the impression that the frontage is cut from the natural sand stone bed rock.

At the eastern end of the block wide steps connect the lower ground to what will be the end of Cambridge Street.

At the upper ground level facing the new street the shop fronts are double height and mainly glazed. They are recessed to provide a 5.5 metre wide colonnaded walk for shoppers. The columns at the front of the colonnade are clad with silver anodised aluminium. These are part of an exposed metal primary framework that divides the building into distinct vertical bays. The design and access statement suggests that this sub division of the elevations “echoes the fine grain of the adjacent buildings on Cambridge Street”.

The columns are linked horizontally by metalwork of the same scale at the ceiling of the colonnade and at the edge of the roof. The ceiling to the colonnade will be lined with anodised aluminium panels that are perforated with holes (1 centimetre or less) to provide a pattern decorating the ceiling.

On Cambridge Street the colonnade wraps round the corner for about half the length of the elevation. At the Carver Street end the columns terminate before the corner and the whole corner is cut out up to roof level. At the back of this cut out there is a glass walled public lift. The location and importance of the lift is emphasised by this cut out area and the illumination that is proposed. Between the lift and wide stone steps connecting the new end of Carver Street to the upper ground level, there is a single storey stone element; pedestrian access to the lift is obtained from its roof which is level with Carver Street.

The remainder of the elevations up to 1st floor level are compromised of shop fronts or doors set within a surround of dark brown terracotta. Unusually the terracotta has a rough surface and is in the form of long horizontal tiles.

220 The first floor elevations are consistent on all four elevations. The primary form is derived from the large scale metal frame work which establishes bays of regular width. Slightly projecting from this primary frame a secondary framework is proposed using metal trims, this means that each first floor bay has three main areas two are filled with the terracotta but the largest is filled with a window and an L Shaped area of perforated metal. It is intended that by using holes of various sizes a distinct design will be apparent in these panels; an artist will be involved in this.

Having noted that the alignment of the new Bethal Walk is not at 90º to Cambridge Street and Carver Street the architects resolved to express this in the windows and the surrounding metal panels on the south and west elevations. Thus these areas of the elevations are angled slightly so that they are orthogonal (at 90º) with these streets. Though the affect is subtle the elevation will look slightly different depending on which side it is seen from.

The elevation abutting the retained buildings on Cambridge Street is blank, a proposal to render this has been amended and it will now be in a brick to match the existing buildings.

The only structure above the first floor level is the plant room, clad in powder coated aluminium; the issue of how visible this will be has been covered in other sections of this report.

Heritage Considerations

While consent has been granted for the demolition of the buildings currently on the site, the buildings can only be removed when consent exists for a suitable replacement. Members must therefore consider whether the design and external appearance of the new block is satisfactory. In accordance with PPG 15 and the Councils own development plan policy, consent shouldn’t be granted for a building that would fail to preserve or enhance the character and appearance of a conservation area or the setting of a listed building.

In terms of scale and massing the block conforms to the maximum siting and height parameters specified in the outline planning permission. These parameters were set to ensure that the retained buildings wouldn’t be dominated by the new block. However, the encroachment of the plant room towards the Leah’s Yard complex, described earlier, could make this least attractive element of the building more dominant and visible.

Additional views and sections have been submitted to allow the assessment of how visible the plant room will be from street level. These show that views down Cambridge Street and Carver Street taking in the listed buildings will not include the plant room which has purposely set further back from these frontages. Nor will the plant room be noticeable from the new street between Block 6 and St. Matthew’s.

Nonetheless, the accuracy of such theoretical views is not perfect and the size of the plant room should be kept to the minimum necessary. Also, experience shows

221 that the extent of the plant needed changes as the building is detailed. Therefore, a condition is proposed requiring the exact extent of the plant enclosure to be agreed prior to its erection.

The natural stone base at lower ground level is a robust feature using a material appropriate to the area. The architects consider that the grid formed by the external expression of the metal frame “echoes the fine grain of the adjacent buildings on Cambridge Street” and allows the vertical rhythm of the street to be maintained.

They also suggest that the dark brown terracotta echoes the earthen materials of the Devonshire Quarter. Neither the Design Review Panel nor officers are convinced that the most appropriate colour has been chosen; a condition is proposed requiring that alternative colours can be considered before a decision is made.

The north elevation – facing St. Matthews Church and Backfields – has improved substantial compared to the blank elevation expected in the Design Principles of the Masterplan. It now has an active frontage of shop fronts and the same windows and cladding as the other elevations.

On Carver Street the height is more modest than St. Matthew’s and its associated buildings and the active frontage is maintained. The glass public lift and the adjoining large metal panels with their perforated image will be a feature at the southern corner.

The main elevation faces south towards the exterior of the Conservation Area and is not seen in the context of the retained buildings.

With the Cambridge Street elevation there have been several changes to the bay immediately adjoining the retained buildings in a search for a suitable transition between the new and the old. This has finally been resolved by a full redesign of this 7.5 metre wide bay. The height has been lowered and it is to be built in brick to match the existing buildings, string course details echo horizontal elements on the adjoining buildings and the windows are revised and aligned vertically. As a result, a pleasing visual transition between the new and old buildings has been obtained.

The proposed shop fronts reflect the scale of the existing ones and step down the hill in a traditional manner.

Conclusion on Design, External Appearance and Heritage

Compared to most of the proposed NRQ blocks this one is modest in scale and is not flamboyant. The parameters for its scale and to an extent its appearance have been heavily influenced by it abutting the retained buildings on Cambridge Street, including the Grade II* listed Leah’s Yard and its proximity to the listed St. Matthews Church on Carver Street. It is considered that its character and scale are appropriate in that the block should avoid competing with the modest retained

222 buildings. Its most dramatic frontage is the four storey one to the new street where it relates more to the NRQ buildings rather than the historic buildings to the north.

The success of the building will depend on the quality of the detailing. The layers of detail starting with the large grid of metal work, subdividing metal trims and fine detail of the perforated metal panels and textured terracotta have the potential to instil it with a subtle richness. This will be best appreciated in close view which is where it will be seen from. It isn’t a building that will be easily seen in distant views.

A comparison of the design with the Design Principles for block 6 as set out in the Masterplan shows that it does meet their guidance. Possibly the elevation might have drawn more from the rhythms and scale expressed in the elevations of the retained buildings on Cambridge Street. However, the redesigned of the bay adjoining these building acts as a transition piece avoiding a clash between the scale and rhythms expressed on the new and old buildings.

The setting of Leah’s Yard will not be adversely affected and the setting of St. Matthews will if anything be improved compared to the temporary car park that currently exists on the land next to it.

While consent exists for the demolition of the buildings within the Conservation Area it is worth noting that the appearance of these buildings from Backfields is poor and the accompanying vacant land provides only a poor setting for the church and the Conservation Area. The new building will undoubtedly improve on the appearance and character of the Conservation Area from this aspect. The active frontage facing north is particularly welcome.

In respect of the elevations onto the main streets the pattern of regular repeating elements reflects the regularity found in the traditional elevations and the restrained moulding and decorative elements are very much appropriate in this area of modest Victorian Buildings.

The colour and finish of the terracotta needs to be given further thought but otherwise it is considered that the building will be appropriate in the Conservation Area.

Highways and Transportation

The block will be serviced from the main underground service yard, though a limited amount of service could take place from the new road that will link Backfields to Carver Street.

The proposals for the pedestrian areas reflect the Outline Planning Permission. The colonnaded walkway will provide a weather protected direct link between Cambridge Street and Carver Street; two bridges will link it to block 5.

The feature public lift at the Carver Street end is one of two 24 hour lifts in the development that ensure everyone is able to move through the scheme 24 hours/day. The link to Backfields will improve access into a little used area of the

223 City Centre and enable a new pedestrian access to be created into the courtyard of Leah’s Yard and then to Cambridge Street.

The application doesn’t include details of the public realm which will be the subject of a separate application for the NRQ as a whole.

Sustainability

Specific to block 6 the following measures are proposed:

- Meeting a high BREEAM rating, with a minimum target of ‘very good’;

- The inclusion of measures to reduce potable water consumption and water consumption and water pollution;

- Sourcing energy efficiently from district heating and using passive design to achieve a minimum 10% improvement on Building Regulations Part L;

- Implementing a process for selection of more sustainable materials;

- Maximising facilities for waste reduction and recycling.

The building will have a brown roof to all the roof that is not occupied by the plant room i.e. at least 50% of the total area.

Accessibility

Consultants are in place solely to deal with access issues for the NRQ and they have attended Access Liaison Group on several occasions. All the retail units and other uses with block 6 will be accessible. The public toilet will provide baby change and changing for adults with carers.

RESPONSE TO REPRESENTATIONS

The representations concerned the loss of the existing buildings and whether this is a suitable building for this location. This has been covered extensively in the report.

SUMMARY AND CONCLUSION

The submitted details accord with the Masterplan contained in the outline permission and the design principles it contains.

224 The design and appearance is not as eye catching as some of the proposed blocks and the scale is necessarily restrained, which is appropriate given that the other buildings in this urban block are unassuming, only St. Matthew’s Church really stands out. There is variety in the materials and their composition that should prevent this building being bland and its quality depends on the detailing, for instance the success of the artist designed perforated metal panels.

The amendments to the Cambridge Street elevation have improved the relationship between the new and existing buildings while the setting of St. Matthew’s Church will, if anything, be improved. There will be active frontage to all four sides in contrast to the current situation where only Cambridge Street has a continuous active frontage and this will give the area much more vitality.

It is concluded that the scale, design and appearance of this building will be appropriate and will not adversely affect the character and appearance of the Conservation Area nor the setting of the two listed buildings nearby.

RECOMMENDATION

It is recommended that the application be approved subject to the attached conditions.

225

INTRODUCTION

The purpose of this report is to provide an update with regard to planning application - 08/03012/FUL - which was for the erection of ground floor, A1 and A3 units, 1 st floor offices and 24 apartments, on the Yorkshire Co-op Society car park, adjoining the Waitrose petrol station, at the junction of Beeley Street, Boston Street and London Road.

The proposal was presented to the Area Board on the 15th of December 2008 and the Area Board was minded to grant it, subject to referral to the Secretary of State.

Members may recall that the site sits within a High Probability Flood Zone (Zone 3). As required by Planning Policy Statement 25: Development and Flood Risk, the applicant had to provide evidence for a Sequential Test, to show that there were no alternative sites that could accommodate the development. The presence of an alternative site on Rockingham Street was such that officers considered the Sequential Test had been failed. Therefore in accordance with the terms of PPS25,

226 refusal of Planning Permission was recommended. The Environment Agency had objected to the proposal due to the failure to pass the Sequential Test, and in such circumstances, if a Local Planning Authority wishes to grant permission, the matter must be referred to the Secretary of State.

Notwithstanding officers’ recommendation, the Board resolved to Grant Planning Permission, subject to referral to the Secretary of State.

Following referral of the application, the Government Office for Yorkshire and the Humber, on behalf of the Secretary of State, wrote to confirm that the Secretary of State considers that ‘the proposals may conflict with national policies on important matters’ and the application must be determined by the Secretary of State rather than the Local Planning Authority.

The application is to be determined by a Call In Inquiry, and a date for the Inquiry has been set for the middle of January 2010. The Council, as Local Planning Authority has to submit a Statement of Case as part of this process on the 5 th October 2009.

The Government Office confirmation of the Inquiry identified a number of Key issues which must be addressed. These include:- - the extent to which the development is in accordance with the Development Plan for the area, including the Regional Spatial Strategy (May 2008), The Sheffield Development Framework Core Strategy (March 2009), and saved policies from the Sheffield Unitary Development Plan (1998); - the extent to which the proposal complies with PPS1: Delivering Sustainable Development, in particular whether the development would increase vulnerability of existing or proposed development to flooding; - the extent to which the development complies with PPS25: Development and Flood Risk;

The most pertinent aspect of this, which requires the matter to be brought before Members again, is the Sheffield Development Framework Core Strategy, which was adopted in March 2009, and which includes Policies which have a direct and significant influence on the consideration of the application, and any case presented to the Inquiry. This is because these policies were not available for consideration by the Board in December 2008.

The next section of this report therefore sets out the Core Strategy considerations.

CORE STRATEGY POLICY ISSUES

Policy CS40 – Affordable Housing

This policy requires all new housing developments within the City to contribute towards the provision of affordable housing, where this is practicable and financially viable.

The applicant’s agent has confirmed a commitment to examine and provide, where viable, affordable housing in accordance with the policy. The viability issue would

227 be tested with the involvement of the District Valuation Office, who would independently assess a development appraisal submitted by the applicant. It is not uncommon in the current climate for this assessment process to demonstrate that insufficient profit is being generated and that no affordable housing provision can be accommodated.

Whilst the level of information provided at this stage is insufficient to determine whether affordable housing will be provided, and the policy complied with, in the circumstances, with approximately 4 months before the Inquiry, it should be possible to reach agreement with the applicant on this element, and present that position to the Inquiry Inspector. It would therefore be unreasonable to refuse Planning Permission at this stage on this basis.

Policies CS64 & CS65 – Climate Change/Sustainable Design/ Renewable Energy/Carbon Reduction

These policies require new developments to be designed to reduce emissions of green house gases and function in a changing climate. CS64 requires new developments to achieve Code for Sustainable Homes Level 3 (housing developments of 5 or more dwellings including apartments) and BREEAM rating of Very Good (commercial developments of more than 500sqm gross internal floorspace), as a minimum. The applicant has provided written confirmation that the development will achieve both Code Level 3, and BREEAM Very Good rating, and the development would therefore comply with this policy.

CS65 requires, where feasible and viable, developments to provide a minimum of 10% of predicted energy needs from decentralised and renewable or low carbon energy, and to reduce predicted carbon dioxide emissions by 20%.

The development would provide projecting glass fins, on the South facing frontage, which would incorporate solar photovoltaic panels, in order to help generate energy for energy efficient heating and lighting.

The apartments would be well insulated, with South facing, sun boxes, for passive solar gain, together with natural light and ventilation. These measures would go some way towards the aims of policies CS64 and CS65.

Again the applicant’s agent has provided confirmation that the development will comply with this policy, subject to further examination of the feasibility and viability of specific features. The applicant is content with this matter being resolved by the imposition of a condition on any consent. Whilst no specific details have been submitted to confirm exactly how this policy would be met, it is anticipated that further information could be provided, potentially during the Inquiry timetable to enable an agreed position to be presented to the Inspector. In these circumstances, with a commitment from the applicant to meeting the aims of the policy, it is considered that this is an acceptable approach to the requirements of Policy CS65.

Policy CS67 – Flood Risk Management

228 This policy seeks to reduce the impact of flooding, and states that ‘Housing in Areas with a high probability of flooding will not be permitted before 2016/2017’. After such a time, if insufficient housing land is available in lower probability areas, housing (and other more vulnerable uses) would need to be above ground level.

The site is located within a Flood Zone 3, high probability area, (with a 1 in 100 year annual probability of flooding) and the proposals include 24 apartments, (at upper floor levels). This is in direct conflict with policy CS67.

There is sufficient housing land available in low flood risk areas, to fulfil the city’s housing needs until 2016 / 2017 and therefore any housing proposals in high flood risk areas, will automatically fail a flood risk sequential test, under PPS 25, (which requires that developments should be directed towards the areas with the lowest probability of flooding).

Members may recall that the scheme incorporated flood mitigation measures, to ensure that the impact of flooding was minimised (increased floor levels etc) and the Environment Agency were content with the measures proposed. However this does not remove the fundamental objection to housing development within Flood Zone 3.

The developer is considering submitting further evidence to the Environment Agency, in the hope that the site can be re-designated as a lower flood risk category than zone 3, but this work has not yet been done, and the Environment Agency has indicated that this is unlikely to be successful.

The applicant has indicated an updated Sequential Test will demonstrate that no alternative sites are available, however this is yet to be submitted. If correct this would not alter the fundamental Core Strategy Policy objection to the development.

SUMMARY AND RECOMMENDATION

The adoption, in March of the Core Strategy is a significant new material consideration, which must be taken into account, and which the Secretary of State has identified as a key issue in the determination of the application, and the outcome of the Call In Inquiry.

The location of a the site, within a zone with High Probability of Flooding (Zone 3), and the presence of Housing (apartments) within the proposed development is such that the proposal is clearly in direct conflict with Policy CS67 of the Core Strategy which states that new housing will not be permitted in Zone 3 until 2016/2017 .

This policy supports the aims of National Planning Policy contained within Planning Policy Statements 1 (Delivering Sustainable Development) and 25 (Development and Flood Risk) and is a fresh policy which has been through public examination and has been the subject of rigorous examination by the Planning Inspectorate.

With regard to affordable housing provision, and Policy CS40, in the absence of any information to support the applicants intention to comply with this policy, it is

229 not possible at this stage to confirm compliance with the policy. However, given that the Statement of Case for the Inquiry does not have to be completed by 5 th October, and the Inquiry does not take place until January, there is sufficient time for this matter to be satisfactorily resolved, and as such officers consider it would be unreasonable to refuse Planning Permission on this basis.

The applicant has provided a commitment to meeting the aims of policy CS64, and also to meeting Policy CS65, and these matters are considered acceptable.

Officers therefore consider that, notwithstanding the previous decision taken by the Board in December 2008, in the light of this significant change in circumstances, Planning Permission should be refused for the reasons set out below.

Reasons for Refusal

1. The Local Planning Authority consider that there is ample capacity for housing in the city until at least 2016/2017, and owing to the location of the site within an area of High Probability of Flooding, the presence of residential use within the proposal is contrary to Policy CS67 of the Sheffield Development Framework Core Strategy.

2. The Local Planning Authority consider that owing to the location of the site within an area of High Probability of flooding, the failure of the proposed development to pass the Sequential Test, and to therefore satisfy the requirement to apply a sequential risk based approach to site selection, the proposed development is contrary to guidance set out in Planning Policy Statement 25 ‘Development and Flood Risk’.

Below, for information, is the report presented to the Area Board on 15 December 2008, (Appendix 1) along with the Supplementary Report, provided for Members on the day of the Meeting (Appendix 2).

230 Appendix 1

LOCATION AND PROPOSAL

The site is located at the bottom of London Road at its junction with Beeley Street and Boston Street. It adjoins the Waitrose petrol station and is currently used as a car park.

The proposals involve the erection of a six storey building, for use as a café restaurant, (A3), retail unit, (A1), offices, (B1) and 24 apartments. The upper floor will be set back, to reduce the apparent height in the street-scene. The proposals will offer the following accommodation;

Ground Floor - 98m² café / restaurant unit, (A3) and 116m² retail unit, (A1), and management office, 30m², binstores, lift and stairs, 2 disabled car parking spaces and 8 cycle spaces. First Floor - 376m² of offices, shower, male wc, female / disabled wc, lift and stairs. 2nd , 3 rd 4 th - 4 x 1bed studios, each with kitchen / lounge / bedroom and bathroom / wc, - 3 x 1bed apartments each with kitchen / lounge, bedroom and bathroom / wc. 5th Floor - 3 x 2 bed penthouse apartments, each with kitchen / lounge, 2 bedrooms, bathroom / shower / wc and terrace garden. Rooftop - shared roof-garden / amenity space.

The proposed roof garden, will provide amenity space for the residents with hard and soft landscaping and seating, screened by toughened glass balustrades.

RELEVANT PLANNING HISTORY

07/02821/FUL – for the erection of a café / restaurant, (A3), offices, (B1), and 20 apartments, with a roof garden and car parking, was withdrawn on the 29 th of October 2007.

The current proposals are a revised submission for this proposal, incorporating appropriate amendments.

REPRESENTATIONS - No representations were received.

PLANNING ASSESSMENT

Policy

The site is located within the London Road, District Shopping Area and cafés, restaurants (A3), retail units (A1), offices (B1) and apartments (C3), are all acceptable uses, under policy S7, (Development in District and Local Shopping Centres), of the Sheffield Unitary Development Plan, 1998, provided that they are well-designed and of a scale and nature appropriate to the site, are adequately served by public transport and do not lead to a concentration of non-A1 uses,

231 which would threaten the vitality or viability of the shopping centre or cause residents to suffer disamenity from noise, pollution or other nuisance, under policy S10, (Conditions on Development in Shopping Centres).

The proposals will comply with this. The development is well designed in terms of scale, is well served by buses, provides 50% x A1 and 50% x A3 use, for the ground floor, maintaining the balance of the shopping centre and provides satisfactory standards of living accommodation for the residents, without any undue impact upon the amenities of existing residents.

The development will have level access throughout and 10 of the apartments will be designed to mobility standards, under Policy H7, (Mobility Housing), of the Sheffield Unitary Development Plan, 1998.

The 24 apartments proposed, fall below the current threshold for affordable housing, (25 units) and no affordable housing contribution is required.

Open Space Provision

The proposals include a Section 106, Unilateral Undertaking, for £13,379.70, towards the provision or enhancement of local public open space, under Policy H16, of the Sheffield Unitary Development Plan, 1998.

Design and Impact

The proposals will provide a black brick base, with expressed concrete and white glazed ceramic tiling, to the rear and a high glazed frontage, set in gunmetal grey frames, with glazed stairwells and sun-boxes and green and blue alu-zinc cladding, on the London Road and Boston Street frontages.

The site is prominently located at the junction of Boston Street and London Road and the building is well designed, with a curved frontage, to turn the corner. It will be 6 storeys high, (with the penthouses set back, to reduce the apparent height). The roof will be at the same height, as the nearby Chinese Fireworks Company building and since there are several taller buildings, in the vicinity of the site, (including the Leverton Flats and the Forge Student Village), this is considered to be acceptable within the street-scene.

The site is over 38m away from apartments in The Forge / Bed Nightclub site opposite, but will be only 20m away from the flats, above the shops, at 19-25 and 42-46 London Road. However, it will be set at an oblique angle and should not impact unduly upon their privacy.

Sustainability

The proposed development is a sustainable, low carbon development, located on a main bus route, within easy walking distance of the City Centre. It will be a car free development, except for the provision of two disabled car parking spaces and will provide cycle parking, for residents, staff and visitors.

232 The proposed apartments will be insulated to a high standard and will have South facing, sun boxes, to provide passive solar gain, together with natural light and ventilation.

Projecting glass fins, on the South facing frontage, will incorporate solar photovoltaic energy generation, to help run energy efficient heating and lighting.

Rainwater will be harvested to irrigate the roof garden and the landscaped terraces, to the 5 th floor penthouses, reducing surface water run-off.

Flood Risk

The site is located within a zone 3, flood risk area, however, there is no history of flooding and the flood risk assessment indicates that water would run down the underpass and away on the other side, which is at a lower level.

However, in case flooding should occur in the future, it has been agreed with the Environment Agency, that the ground floor, will be raised 600mm above street level and the retail units, will be designed for flood resistance.

The roof garden and landscaped terraces, will reduce surface water run-off from the site.

In accordance with the guidance set out in PPS25 “Development and Flood Risk”, planning decisions must take a risk based approach to flooding. PPS25 requires development to be directed towards areas with the lowest probability of flooding (Zone1). Developments located in Flood Zones 2 and 3 must therefore follow the Sequential Test to ascertain whether any alternative sites exist which are in a Flood Zone with a lower probability of flooding (Starting with Zone 1).

The applicant has provided evidence to allow officers to undertake the test, however further information is needed in order for this to be completed. It is anticipated that this information will be received in time to enable resolution of this matter to be reported to Members prior to the date of the Area Board meeting.

Noise

The noise survey indicates that the site falls within noise exposure category, C, due to traffic noise on London Road. There is also potential noise disturbance from the Waitrose Supermarket, delivery bay on Cemetery Road and the Waitrose Petrol Station, on Beeley Street.

The development has therefore been designed to minimise noise disturbance. The apartments will have acoustically glazed, sun boxes, with zinc louvres, on the frontage, instead of balconies, setting the living-rooms back 1.2m and achieving a high degree of sound attenuation.

Separate sound attenuated, ducted ventilation, is also to be provided, so that occupants do not need to leave their windows open, (although the sunboxes can be opened to create balconies in summer, if they wish).

233

To avoid night-time disturbance from the Waitrose delivery area and petrol station, only the lift, stairwell, bin-stores, bike-stores, access corridors and bathrooms, will be located on the Beeley Street frontage and this will act as a noise buffer, shielding noise sensitive bed-rooms and living-rooms.

Conditions are recommended to ensure that the required levels of sound attenuation are provided and validated, as having been achieved.

Security

The apartments will have a swipe card security system, together with natural surveillance and the office, car park and apartment entrances, will be well lit.

Highways

Due to the limited dimensions of the site, only 2 disabled car parking spaces, 8 cycle parking spaces and 2 visitor cycle spaces, can be provided. However, the site is located on a main bus route, close to the city centre and is considered to be suitable as a car free development.

The Travel Plan proposes a free 1 year travel pass, broadband connections and walking, bus and cycle route information, for new occupiers, indicating the locations of local health facilities, schools, supermarkets, etc.

SUMMARY AND RECOMMENDATION

The proposals involve the provision of a six storey, mixed use development, at the junction of London Road and Boston Street, which includes, ground floor, A1 and A3 units, 1 st floor offices and 24 apartments, (on 4 floors, including, 12 x 1 bed studios, 9 x 1 bed apartments and 3 x 2 bed penthouses). A roof garden is proposed as amenity space for the residents.

The proposals are a sustainable development, with good insulation, sound attenuation, solar gain, solar photovoltaic panels, energy efficient heating and lighting and roof-gardens, with rainwater harvesting, to reduce run off.

The development is located, on a bus route, close to the city centre and will be car free, except for 2 disabled car parking spaces. 8 cycle parking spaces are proposed for residents and shop staff, plus 2 visitor spaces on Beeley St.

The site is located on a prominent corner, which forms a gateway into the city centre and the proposals are considered to be a good contemporary design, which addresses the corner, with a curved frontage. The height of the proposed building is considered to be acceptable, since there are many tall buildings in the vicinity of the site and the proposed roof will line through with the roofline of the nearby Chinese Fireworks Factory. The one and a half storey glazed retail frontage, will provide interest at a human scale.

234 It is considered that the proposed mixed use development, will encourage local regeneration, by developing a long term vacant site and providing retail and office employment, as well as living accommodation.

The outstanding matter is Flood Risk, with further information awaited from the applicant to enable the Sequential Test (Flood Risk) to be undertaken. It is anticipated that this matter will be resolved in time to enable a recommendation to be made in the form of a Supplementary Report prior to the date of the Area Board meeting.

RECOMMENDATION: To Report

235 Appendix 2

SUPPLEMENTARY REPORT (15.12.09)

INTRODUCTION

Members will be aware that this item appears on the main agenda for this meeting with a ‘To Report’ recommendation, on the basis that the matter of Flood Risk was identified as an outstanding unresolved issue at the time of drafting the original report.

This report provides an update on further information received since the drafting of the report and provides a recommendation for determination of the application.

OUTSTANDING ISSUE

The main agenda report identifies the outstanding matter relating to Flood Risk. The applicant had provided information to enable a Sequential Test to be applied to the proposed development which was set out in a report prepared by DLP Planning Ltd and dated December 2008. However further information was considered necessary in order to complete the Sequential Test. This was necessary in order to meet the requirements of PPS25 ‘Development and Flood Risk’ which requires that planning decisions take a risk based approach to flooding.

PPS25 requires that development should be directed towards areas with the lowest probability of flooding (Zone 1 – less than 1 in 1000 annual probability). The Sequential Test must demonstrate that the development cannot reasonably be located in Zone 1 before considering proposals for development in Zones 2 (between 1 in 100 and 1 in 1000 annual probability) or 3 (1 in 100 annual probability).

Housing development in Zone 3 that passes the Sequential Test must also pass an Exception Test. However this is only applied if the Sequential Test is passed. The Exception Test must demonstrate that the development will provide wider sustainability benefits to the community that outweigh the flood risk implications of locating in Zone 3.

ASSESSMENT OF ADDITIONAL INFORMATION

The DLP report was amended and the revised report contained information relating to possible alternative sites within a search area agreed with officers that was limited to the City Centre and zone 400m from the Ring Road. This was reflective of the nature of the proposal (a mixed use, effectively car free development of several storeys in height).

The report discount sites due to their lack of availability, inappropriateness in land use policy terms, size, or Flood Zone rating (i.e not sequentially preferable). Officers have considered the findings of the report, and consider that there is at least one site contained within the report that could accommodate the

236 development, and for which, insufficient evidence has been provided to enable the site to be discounted.

One such site is on London Road (Zone 1), is currently an open car sales site, and has Outline Planning Permission for a mixed use development of approximately 30 residential units with commercial use on the ground floor. The applicant has indicated that a reserved matters submission for the site is expected in the late Spring, and that the site is not available as it is not on the open market, however no evidence has been provided to this effect.

Setting that site to one side, a second site is located on Rockingham Street (Zone 1), is vacant, and is for sale. It is therefore available. The proposal would not be in conflict with the aims of the Unitary Development Plan and the site has also previously received Outline Planning Permission for a mixed use development incorporating ground floor commercial uses and 25 apartments. This permission expired in June 2008.

On the basis of at least the second of the two sites, it is considered that there is an alternative site which can accommodate the proposed development, and which lies in an area at less risk of flooding. On this basis the proposed development fails the Sequential Test and does not meet the aims of PPS25, to locate vulnerable uses on sites at least risk of flooding. The Exception Test is not therefore applicable. The Environment Agency objects to the development on this basis.

SUMMARY AND RECOMMENDATION

The proposed development is, as identified in the main agenda report, acceptable in all other regards, but falls within Flood Zone 3 and has failed the Sequential Test relating to development in areas at high risk of flooding.

The scheme is well designed and would bring about redevelopment of a site which does not contribute positively to the appearance of London Road at a prominent entry point to the City Centre, and has no history of flooding. There is no doubt therefore that the development would make a positive contribution to the street scene and to the mix of uses within the London Road District Shopping Centre.

In circumstances such as this, it would be possible to conclude that the benefits of a particular development are so great that they outweigh the flood risk issues, and that a scheme should be supported. However, if that view were taken with a failed Sequential Test and an Environment Agency objection, as is the case here, then under the terms of the Town and Country Planning (Flooding) (England) Direction 2007, the matter would have to be referred to the Secretary of State for consideration.

Whilst officers acknowledge the benefits of the scheme they do not consider them to be so compelling as to outweigh the fundamental concerns relating to Flood Risk and the failure to comply with recently issued Government guidance in the from of PPS25.

237 It is therefore recommended that Planning Permission is refused for the following reason:

RECOMMENDATION: REFUSE PLANNING PERMISSION

Reason for Refusal

The Local Planning Authority consider that owing to the location of the site within an area of High Probability of flooding, the failure of the proposed development to pass the Sequential Test, and to therefore satisfy the requirement to apply a sequential risk based approach to site selection, the proposed development is contrary to guidance set out in Planning Policy Statement 25 ‘Development and Flood Risk’.

238