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 2 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 3 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 8 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.