SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate
REPORT TO CITY CENTRE AND EAST DATE 02/08/2004 PLANNING AND HIGHWAYS AREA BOARD
REPORT OF HEAD 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 ACCESS Lucy Bond TEL NO: 34556
AREA(S) AFFECTED
CATEGORY OF REPORT
OPEN 2 Application No. Location Page No.
03/04799/CHU 84 Norfolk Road Sheffield S2 2SZ 5
03/04824/FUL Land Off Vulcan Road And Meadowhall Way 11 Sheffield
04/01305/CHU 39-41 Wicker Sheffield S3 8HS 17
04/01638/FUL 23 Homestead Close Sheffield S5 0NE 21
04/01717/FUL Land To The Rear Of 105-123 Devonshire Street 25 And Trafalgar Street Sheffield
04/01879/LBC Terminal Warehouse Wharf Street Victoria Quays 34 Sheffield S2 5SY
04/01881/FUL Terminal Warehouse Wharf Street Victoria Quays 36 Sheffield S2 5SY
04/01913/FUL Former Kendal Works 23-31 Carver Street 43 Sheffield S1 4FS
04/02142/FUL Land Rear Of Valley Works Deep Lane Sheffield 50
04/02179/CHU 141-143 Fitzwilliam Street Sheffield S1 4JP 55
04/02267/CHU 203 Bellhouse Road Sheffield S5 6HQ 59
04/02399/FUL Land Adjacent To 125 Fitzwilliam Street Sheffield 62
04/02416/FUL 575 Attercliffe Road Sheffield S9 3RB 72
3 4 SHEFFIELD CITY COUNCIL
Report Of The Head of Development Services, Development, Environment And Leisure To The CITY CENTRE AND EAST Planning And Highways Area Board Date Of Meeting: 02/08/2004
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 03/04799/CHU
Application Type a Planning Application for Change of Use
Proposal Use of building as a community centre (Application under Section 73 to vary condition 3 (opening times) imposed by planning permission 02/00012/CHU)
Location 84 Norfolk Road Sheffield S2 2SZ
Date Received 22/12/2003
Team CITY CENTRE AND EAST
Applicant/Agent WPA Chartered Surveyors
Recommendation Refuse
For the following reason(s):
1 The Local Planning Authority consider that the change of hours of opening to 2200 hours would adversely affect the amenities of local residents and the character of Norfolk Road Conservation Area due to potential noise and disturbance in a predominantly residential area. As such it is contrary to Policy H10 and BE16 of the Unitary Development Plan. Site Location
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96.1m 83
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88.3m 8
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95.4m BM 91.59m
TCB 89.6m CR BM 86.10m
95.0m
0 4 2
6
5 2 6 3 2
86.9m
F F Gas Gov
82.0m
BM 79.61m FW
LOCATION AND PROPOSAL
The site consists of a large detached stone built property lying on sloping ground between Norfolk Road and Granville Road. The two storey property, with additional accommodation in the roof was originally constructed as a dwellinghouse, but was used as office accommodation for approximately 40 years prior to becoming vacant in the early 1990’s.
The immediate locality is characterised by large detached and semi detached dwellings in generous grounds. To the east the two to three storey detached property at No. 88 Norfolk Road, which sits about 9 metres from the approximately 2.4 metres high common boundary wall, has been split into flats. To the west the detached family residence at No. 82 Norfolk Road lies 5 metres beyond the boundary and is served by a large garage adjacent to the common boundary – an approximately 2.5 metre high stone wall. The former entrance lodge to No 82 has first floor amenity space.
The site is bounded on Norfolk Road by an approximately 2 metre high stone wall and to Granville Road by a 1 metre high retaining wall with trees and shrubs over. Vehicular access is via gates on Norfolk Road and Claywood Road and is within the Norfolk Road Conservation Area.
6 The applicant is seeking to amend a condition restricting the hours of operation relating to a previous approval, Ref. No. 02/00012/CHU, for use of the building as a community centre (for details see below). Condition No. 3 restricted the hours of use between 0800 hours and 1900 hours, Mondays to Saturdays and 1000 hours and 1600 hours on Sundays and Public Holidays. Changes to the hours are proposed to extend use to 2200 hours Monday to Saturdays, for bereavement functions and counselling (no more than 4 times a year) and for Ramazan (up to 10 days per year but Ramazan is variable).
RELEVANT SITE HISTORY
02/00012/CHU
Planning permission was granted by the Area Board of 15 April 2002 for use of the building as a community centre. The particular use was defined by a condition to prevent other uses within the same use D1 Use Class.
97/0843P
An application for the demolition of 84 Norfolk Road was refused in December 1997. It was considered that demolition would result in the loss of a substantial, attractive building, which forms part of the historic fabric of the Conservation Area and would have a detrimental impact upon the character of the area.
97/0711P
At the same time consent was refused for the erection of 4 dwellinghouses with integral garages. The proposal was considered to be an overdevelopment of the site and manner which was out of scale and character with the Conservation Area. Moreover it was felt the development would have an overbearing impact on the occupiers of neighbouring properties.
96/0172P
Permission was granted for the demolition of a single and two storey extension to offices, which were not part of the original building.
SUMMARY OF REPRESENTATIONS
Six letters and ‘e’ mails have been received representing 4 households objecting to the proposal. These representations include a petition containing 152 signatures, which was submitted in objection to the original application for change of use.
Issues raised are:-
- Use of the site as a community centre will have a detrimental impact on the quiet residential character of Norfolk Road.
7 - A further community centre is unnecessary taking into account the new centre at Norfolk Park, us of Stafford Road Church, student village on Granville Road and schools.
- There has been no change in circumstance since the original application.
- Late opening would cause disamenity to neighbours.
- It would not be possible to effectively enforce compliance with limited later opening hours.
- Increase in traffic pollution
- Bereavement counselling does not need to be carried out at a community centre, and there may be more of a need than stated in the application. Late night opening could lead to loss of amenity due to lighting of the car park.
- No changes to opening hours would be considered until the previous approval has been implemented and its impact on the area observed, which has yet to brought use, the building is still not upgraded.
- Late night opening would adversely affect the amenity space of an adjacent property.
- When the building was used for an event a large amount of on-street parking took place.
- Other issues include a copy of deeds stating that any use of the building should not adversely affect the amenities of adjoining properties, loss of value and restricted use to Muslims only.
PLANNING ASSESSMENT
Policy Issues
The application site lies within a Housing Policy Area. Policy H10 of the Unitary Development Plan indicates that housing is the preferred use but that community facilities and institutions are also acceptable provided the residential character of the area is not threatened.
Policy BE16 of the Unitary Development Plan states that permission will only be given for proposals, including changes of use, which preserve or enhance the character or appearance of the Conservation.
In considering the original application for change of use to provide community facilities it was considered that the small scale of the proposal would not pose a threat to the dominant residential character of the locality. It was also considered that as No. 84 Norfolk Road had at the time remained in a state of
8 disrepair for about a decade and is non-residential use, the changes proposed and the proposed use would not harm the character of the Conservation Area.
Thus the principle of community use was established by planning approval reference number 02/00012/CHU subject to conditions including hours of operation.
Design Issues
The proposal does not include any changes to the building or curtilage as originally approved.
Amenity Issues
The application seeks changes to the originally approved hours of operation. Issues arising from potential loss of amenity were considered when determining the original change of use of No. 84 Norfolk Road (reference number 02/00012/CHU.
At the time it was reported to the Area Board of 15 May 2002 that “The use of the application property as a community centre is a sensitive issue and increased activity may have some impact upon the amenities of neighbours. However, with a maximum of 30 people using the centre at any one time, and given the generous size of individual plots in the locality of the application site it is considered that the impact of the proposed community centre will not be significant. Nevertheless in order to avoid the possibility of disturbance to neighbours at unsociable hours, a condition is proposed limited the hours of use to:- 0800 hours to 1900 hours Monday to Saturdays and 1000 hours to 1600 hours on Sundays.”
The applicant wishes to have the opening hours relaxed to 2200 hours on restricted occasions, for bereavement counselling and for Ramazan. In considering the changes in hours of operation the same issues must be taken into account as when determining the change of use of the building. As stated above the use was considered acceptable subject to restricted evening opening hours. Although the later opening hours proposed are not every day they must still be assessed in terms of loss of amenity for local residents. Furthermore the actual number of days of late evening opening are not specific. This cannot be conditioned or monitored satisfactorily.
Given that the use has not even commenced yet, it is not considered that there has been any change of circumstances since the original application and any late evening use would as per the original assessment, be detrimental to local residents and the character of the area.
CONCLUSION
The application is purely for a change is hours of operation. Approval for the change of use of No. 84 Norfolk Road restricted the hours of opening in the interests of the amenities of neighbours.
9 There have been no changes in circumstances and thus allowing opening of the community centre up to 2200 hours would contravene Policy H10 of the Unitary Development Plan and may also adversely affect the character of the Conservation Area contravening Policy BE16.
It is thus recommended that the Area Board refuses the application.
10 Case Number 03/04824/FUL
Application Type a Full Planning Application
Proposal Erection of flood defence barrier
Location Land Off Vulcan Road And Meadowhall Way Sheffield
Date Received 29/12/2003
Team CITY CENTRE AND EAST
Applicant/Agent Meadowhall Centre Limited
Recommendation Grant Conditionally
Subject to:
1 The development shall be begun not later than the expiration of five years from the date of this decision.
In order to comply with the requirements of the Town and Country Planning Act.
2 The landscaping scheme shown on the plans shall be carried out in accordance with a timescale to be submitted to and approved by the Local Planning Authority. When the above mentioned landscaping has been carried out, thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within the 5 year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.
In the interests of the amenities of the locality.
3 Notwithstanding the above landscape condition before any development commences details of the soil strip of the existing track bed, stockpiling and spreading of this material on site shall be submitted to and approved by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.
In the interests of retaining the ecological value of the site.
4 Before any work on site is commenced full details of the measures to be taken to protect the existing landscaping within and/or adjoining the site of the development during construction shall be submitted to and approved in writing by the Local Planning Authority. These measures
11 shall include means of preventing the ground beneath the canopy of such trees and/or hedges from being disturbed or used for storing materials of any kind.
In the interests of the amenities of the locality.
5 Before any development commences full details of proposals to divert existing water mains and protect existing sewers shall be submitted to and approved by the Local Planning Authority.
To ensure satisfactory drainage arrangements.
Attention is drawn to the following justifications:
1. The decision to grant planning permission and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance.IB6 - Development in Fringe Industry and Business AreasLR5 - Development in Open Space AreasGE10 - Green Network This informative is intended as a summary of the reasons for grant of planning permission. If you wish to see the file and application report please contact the Planning Records section on 2734220, quoting the file reference shown above, or by visiting Sheffield City Council's website at www.sheffield.gov.uk/your-city-council/council- meetings/planning-boards
Attention is drawn to the following directives:
1. The applicant is advised that prior to any works commencing on site full details of the retaining walls and foundations, including all necessary structural calculations shall have been submitted to and approved by the highway authority. All works within the public highway will be the subject to a licence with the Highway Authority, covering the design, construction, operation and future maintenance of the structure.
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. If your planning application involves the construction or alteration of an access crossing, this planning permission does not automatically permit the layout or construction of the access crossing in question. For access approval and specification you should contact the Highway Co-ordination Group on Sheffield 2736136.
3. The applicant is advised that the relocation of the spoil from the development and will require a separate application.
12 Site Location
y a w b u S
y Bd d ar W d a n st HALL WAY on MEADOW C r o Bo
ay i lw a R d tl e n a m is D
U n y d ailwa SL antled R Dism Def
MP 162 th Pa
S TR EET WB f e D
33.8m
LOCATION AND PROPOSAL
The application site relates to part of the disused railway embankment that is located on the south side of Meadowhall. It is proposed to remove a 40m section of the embankment in order to create a flood alleviation channel as part of works that seek to maintain 1 in 100 year flood protection to the Meadowhall Centre. The application also includes mounding and construction of a wall close to the junction of Meadowhall Drive and Meadowhall Way that will allow a demountable barrier to be erected across the highway to hold back floodwater.
The section of railway embankment that is to be removed adjoins the southeast side of a section of the Five Weirs Walk that links Weedon Street to Meadowhall way. The embankment at this point is covered in native vegetation consisting of birch, poplar and willow scrub/woodland with occasional mature trees.
In general terms the demountable flood defence barrier on Meadowhall Drive will hold back flood water from flowing onto the Meadowhall car parks at the south end of the centre and the new flood channel through the embankment will allow the water to flow back into the River Don. In the absence of the
13 works and other flood defence works already carried out, the car parks on the south side and the shopping centre are predicted to flood on the 1 in 100 year flood with the flood water re-entering the river at a point approximately 100m further north.
SUMMARY OF REPRESENTATIONS
None received
PLANNING ASSESSMENT
Policy Issues
The area of embankment affected by the proposed works is identified as partly open space and partly Fringe Industry and Business area in the Unitary Development Plan. The river corridor is also identified as a green link in the Unitary Development Plan. Policies seek to prevent development that would result in a significant loss of mature trees or would significantly detract from the green and open character of the green network or would result in serious ecological damage. Planning Policy Guidance Note 25 provides government planning advice on flooding issues, this advises that proposals should not worsen flooding and should generally not reduce flood plain storage capacity.
Flooding Issues
The applicants have submitted a flood risk assessment that illustrates the effect of the proposed works on flooding during a 1 in 100 year flood. This shows that the predicted flood levels on the land surrounding the works are no worse following the scheme than before. The applicant has held discussions with the Environment Agency and supplied amended plans and additional information in response to their comments. The Agency is the body responsible for advising on flooding issues and they have raised no objections to the proposals.
The council’s drainage section have raised concerns about the scheme on the basis that it removes land out of the existing flood plain and therefore is contrary to Environment Agency policy. It is argued that it would be better to protect the buildings and allow the car parks to flood.
The applicants have confirmed that protecting the buildings only was considered. However due to the size of the Meadowhall buildings and the car parking arrangements together with the presence of large low level service yards that include many statutory service intakes and distribution rooms, the introduction of a demountable barrier system would have been very difficult to achieve. In addition, the surface water drainage system in the car parks is closely integrated into the drainage for the main building and the basement service yards. Flooding of the car parks would therefore surcharge the internal drainage system unless the internal drainage system is reworked. Whilst the Environment Agency agree that a small area will be removed from
14 the flood plain the Flood Risk Assessment shows that it will not worsen flooding elsewhere and therefore is considered to be acceptable.
Landscape and Ecology
The area of railway embankment affected by the works is covered in naturally regenerating woodland scrub with occasional mature trees. The flora and fauna is interesting because of the nature of the existing soils. However it is not considered so valuable that the loss of a small area would justify resisting this proposal. In order to compensate for the loss of vegetation and ecological value the applicants have submitted a detailed landscape scheme that covers a substantial part of the railway embankment between Meadowhall Drive and the Five Weirs Walk and not just the area being disturbed. This incorporates substantial new native planting and management work to existing natural regenerating areas. These works will benefit the landscape quality of the locality and increase the diversity of the native woodland species in the long term. Part of the proposals include stripping and storing existing soil to retain the existing seed bank for natural regeneration to take place on the site.
The demolition of some existing brick boundary walls adjoining Weedon Street would have opened up views into a storage yard from the road. However the applicants have agreed to screen the exposed boundary with native hedge planting.
Transport Issues
The demountable barrier to be erected across Meadowhall Drive involves works within the existing highway it will also require measures to be in place to liase with the highway authority about the erection of the barrier and the closure of the road. The construction works within the highway will require a licence from the highway authority and therefore there is no need for the planning authority to control these issues. The erection of the barrier will be the subject of consultation with the Environment Agency the Council and Meadowhall. An agreement will be drawn up to cover the various responsibilities with respect to erecting and removing the barrier cleaning up and a signage strategy this will also be controlled under the licence issued by the highway authority.
The railway line was decommissioned some years ago when the track was removed and a number of the bridges. It is now privately owned by British Land. It is not identified as a protected railway route in the Unitary Development Plan. Although unlikely, should this route be required in the future a new bridge across the flood channel could be provided along with replacement bridges for those already removed across the highways.
Design Issues
The existing railway embankment is an engineered structure and the alterations to part of this manmade landform are not a significant concern. The construction of the barrier to Meadowhall Drive involves the construction
15 of two wing walls either side of the road connecting back to the battered railway embankment that was altered when the Bridge on Meadowhall Drive was removed. The walls are approximately 2m high and faced in brickwork. Mounding and landscaping is proposed in order to ensure they blend in reasonably with the embankments.
SUMMARY AND RECOMMENDATION
It is reasonable for the owners of the Meadowhall Centre to defend the shopping centre against flooding. In this case they have demonstrated to the satisfaction of the Environment Agency that the proposed works would not worsen flooding elsewhere. The development will result in the loss of naturally regenerating woodland scrub on part of the railway embankment and this will have a negative landscape and ecological impact in the short term. However compensatory landscape proposals are in place that will ensure that in the long term the landscape and ecological value of the site will be enhanced. As a result the proposal is not considered to be contrary to the open space and green link policies referred to above.
16 Case Number 04/01305/CHU
Application Type a Planning Application for Change of Use
Proposal Use of building for hot food takeaway (Class A3 use)
Location 39-41 Wicker Sheffield S3 8HS
Date Received 30/03/2004
Team CITY CENTRE AND EAST
Applicant/Agent Mr A Aziz
Recommendation Grant Conditionally
Subject to:
1 The development shall be begun not later than the expiration of five years from the date of this decision.
In order to comply with the requirements of the Town and Country Planning Act.
2 The building shall not be used for 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.
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 Amplified sound or live music shall only be played within the building in such a way that noise breakout to the street does not exceed: i) background noise levels by more than 3dB(A) when measured as a 15 minute LAeq, ii) any octave band centre frequency by more than 3dB
17 when measured as a 15 minute Leq, when measured at the façade of the building.
In the interests of the amenities of the locality and occupiers of adjoining property.
5 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 set out below, and to all relevant material considerations, including Supplementary Planning Guidance.S3 - Development in the Central Shopping Centre. This informative is intended as a summary of the reasons for grant of planning permission. If you wish to see the file and application report please contact the Planning Records section on 2734220, quoting the file reference shown above, or by visiting Sheffield City Council's website at www.sheffield.gov.uk/your-city-council/council- meetings/planning-boards
18 Site Location R E K
3 C 1 8 I
5 (PH) W TCB 1 Wardpower Works 8 to
9
7
1
2 0
s r e lt W orks e h S W orks 6 7
S T AN D A R N E L W W E S orks Warehous e Y T L A
1 Works 7 W orks 9 1
9 6 1
7 3 0 3 t o 7 6 1 7 1 3 8 El Sub Sta 46.0m Testing Laboratories
1 6
9 N Bank 5 U R o El S 1 t E 4 Sub Sta R 5 5 Y L A 3 S 5
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L o 0 u R s E e K IC W 1 Stainton 4
9
House 3 4 3
0 B 2 W Wks a 7 n 3 B I k M L 46.9m LE W
4 Y
5 6. O 4 60 ST R 5 LB m 3 46.9m R N E O E D T L E H S 1
3
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9
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to 9
2 3 1
PH 2 1 1
5
47.5m Car P ark
LOCATION AND PROPOSAL
The site is a three storey building with a two storey rear extension, located at the corner with Stanley Street. At the rear of the site is industry, warehouses and offices. Wicker itself contains many other buildings within Class A3, and there are 15 within 50m opposite and adjoining the site. All floors of the building are currently empty and appear to have been so for a while.
SUMMARY OF REPRESENTATIONS
None received.
PLANNING ASSESSMENT
Policy Issues
Wicker is outside the retail core in the City Centre and uses within Class A3 are a preferred use within Policy S3 Development in the Central Shopping area. The location is one where A3 uses have concentrated and there are a number of empty ground floor units. Many of the upper floors are empty in other buildings.
19 Highway Issues
There are no highway safety issues and the site is not affected by the Inner Ring Road proposals.
Amenity Issues.
Whilst no details have been submitted, it is clear the premises can accommodate venting equipment on the outside of the building. This can be located to the rear and need not be visible from Stanley Street. The extractor can also be vented above eaves level.
No living accommodation has been identified in any immediately adjoining premises or the building itself, although there is some in the area. The nearest flats are at the corner of Blonk Street to the south and there appears to be some in the upper floors of the former Viaduct Inn at 79 Wicker and at the Station Hotel next to the Arches to the north. The last upper floor uses on the site of the application appear to have been retailing. Industry is located to the rear. Many of the adjoining A3 uses operate until the early morning hours without complaint. The main issue in this case is that the venting equipment is installed in such a way to prevent disturbance to any adjoining use during day and night time operations. This is to be covered by condition.
SUMMARY AND RECOMMENDATION
The proposed use is acceptable in principle according to Policy S3 and there are no immediate residential neighbours. As such the proposal is recommended for approval.
20 Case Number 04/01638/FUL
Application Type a Full Planning Application
Proposal Single-storey rear extension to form day care accommodation unit for 3 adult placements
Location 23 Homestead Close Sheffield S5 0NE
Date Received 26/04/2004
Team CITY CENTRE AND EAST
Applicant/Agent Mr R Townsend
Recommendation Refuse
For the following reason(s):
1 The Local Planning Authority consider that the proposed extension by reason of its siting, scale and design would be injurious to the character of the property itself and result in unacceptable overlooking and an overbearing impact on adjoining residential properties. It would therefore be contrary to Policies H14 and H10 of the Unitary Development plan and Guideline 5 of the Supplementary Planning Guidance on Designing House Extensions. Advisory Note The applicant is advised that the Local Planning Authority would welcome submissions of amended plans that address the above issues but acknowledge that the location of a public sewer may restrict a side extension.
Attention is drawn to the following directives:
1. The applicant is advised that the Local Planning Authority would welcome submissions of amended plans that address the above issues but acknowledge that the location of a public sewer may restrict a side extension.
21 Site Location
1
8
C 5 7 3
H 6 6 A M P I O N C LO S
E
2
1 9 4
9 117.7m 66
C
H 5
A 8 8 M 8 C P 2 L I O 6
N 0
1
3
1
5
5 1 7
6 52
7
2 124.7m
1
8 5 6
3 0 0 2 1
3 2
6 2 1
2
1 7
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S 5 1 TE A D C
LO
a S
1 E 1
1 1
5 3
1 2
9 6 0
1
2
2 3 1 6 4
0 1 5
1 9
LOCATION AND PROPOSAL
The site consists of a two storey semi detached dwellinghouse located at the end of Homestead Close, a cul-de-sac. It is set above the highway with a hard surfaced front garden and garage to the side. To the rear is a large garden set below the dwellinghouse by approximately 1.5 metres. The boundary to No. 20 Homestead Close is a hedge and to the north west and south west, trees and bushes.
It is proposed to erect a single storey extension in the rear garden of No. 23 with pitched roofs. The extension will be stepped to take account of differences in levels. Rooms to be created are a dining room attached to the existing kitchen, an office, 3 bedrooms, a lounge and bathroom. The building is 12.75 metres deep and set 2.6 metres from the boundary with No. 20 Homestead Close, 4.5 metres from the boundary with No. 21 and 9.9 metres from the boundary with No. 16 Champion Close. The extension will be used to provide accommodation as part of the Adult Family Placement Service for three adults with learning difficulties.
RELEVANT SITE HISTORY
None
22 SUMMARY OF REPRESENTATIONS
Two letters of objection have been received. Issues raised are:
- the extension is too large and may damage an adjoining garden
- day placements do not require sleeping accommodation
- building may be constructed over drains
- windows will overlook adjacent rear area of house and garden resulting in loss of privacy
- overshadowing
Other issues which are not planning concerns are:
- access for construction vehicles
- loss of value
- disturbance during development for shift workers
PLANNING ASSESSMENT
Policy Issues
The site falls within a Housing Policy Area in the Unitary Development Plan. Residential Institutes (C2) are acceptable in such areas in principle subject to conditions detailed in Policy H14.
Design
The proposed extension will be faced with matching materials to the main dwelling and will not be prominent from the highway. However, the size of the extension relative to the original dwellinghouse gives rise to concerns about its scale and proportions. The footprint is larger than that of No. 23 and extends 12.75 metes from the rear of the house. It thus cannot be considered to complement the existing house.
Amenity Issues
Although not submitted as a house extension the proposal is located within a residential curtilage and has houses adjacent to the site. Thus the proposal should be considered in relation to “Designing House Extensions Supplementary Planning Guidance”. Guidelines include rear extensions not exceeding 3 metres deep adjacent to site boundaries. In this case, the proposal is set 2.6 metres from the boundary but is 12.75 metres deep with habitable room windows facing the site boundary. It is thus considered to be
23 overdominant and would result in loss of privacy for the occupiers of No. 20 Homestead Close.
The applicant has been informally advised that a two storey side extension might be more appropriate however a public sewer passes along the side of the existing dwellinghouse. The current application avoids the sewer.
Highways Issues
It is not considered that the proposal gives rise to any highways implications.
Other Issues
The proposal is set 10 metres from the rear gardens of houses to the north and any development would not be considered to adversely affect these gardens due to the depth of separation. It would be normally acceptable for development to take place during the day. Any anti-social noise or disturbance from development could be dealt with by the Environmental Protection Service.
CONCLUSION AND RECOMMENDATION
Whilst it is acknowledged that the applicant will be providing a service beneficial to people with learning difficulties in conjunction with Social Services, it is not considered that the application site is suitable for the size of extension required to meet the needs of the client. The existing dwellinghouse is small and the location and size of the proposal in relation to adjoining properties is considered to result in loss of privacy and overdominance. As such it is considered to contravene Policies H10 and H14 of the Unitary Development Plan.
It is thus considered that taking the above into account, the proposal cannot be recommended for approval, therefore it is recommended that the Area Board refuse the application.
24 Case Number 04/01717/FUL
Application Type a Full Planning Application
Proposal Erection of flats with basement car parking
Location Land To The Rear Of 105-123 Devonshire Street And Trafalgar Street Sheffield
Date Received 27/04/2004
Team CITY CENTRE AND EAST
Applicant/Agent D L P Consultants Ltd
Recommendation To Report
Subject to:
1 The development shall be begun not later than the expiration of five years from the date of this decision.
In order to comply with the requirements of the Town and Country Planning Act.
2 The gradient of shared pedestrian/vehicular access shall not exceed 1:12 unless otherwise agreed in writing by the Local Planning Authority.
In the interests of traffic safety and the amenities of the locality.
3 Prior to the development commencing, full details of the improvement works to Devonshire Lane in accordance with a material specification set out in the Urban Design Compendium, 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.
4 Prior to being discharged into any watercourse, surface water sewer or soakaway system all surface water drainage from parking areas and hardstandings shall be passed through a petrol/oil interceptor designed and constructed in accordance with details to be approved in writing by the Local Planning Authority.
To prevent pollution of the Water Environment.
5 At all times that building work 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
25 so as to prevent the depositing of mud and waste on the highway but before the development is commenced full details of such equipment shall have been submitted to and approved by the Local Planning Authority. When the above-mentioned equipment has been provided thereafter such equipment shall be used for the sole purpose intended in all instances and be properly maintained.
In the interests of the safety of road users.
6 The development shall not be used unless the cycle parking accommodation as shown on the approved plans has been provided in accordance with those plans and, thereafter, such cycle parking accommodation shall be retained.
In the interests of traffic safety and the amenities of the locality.
7 Before the development is commenced, full details of the proposed external materials shall have been submitted to and approved in writing by the Local Planning Authority.
In the interests of the visual amenities of the locality.
8 The landscaping scheme shown on the plans shall be carried out 'within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority' but before such landscaping is carried out further details thereof shall have been submitted to and approved in writing by the Local Planning Authority. When the above-mentioned landscaping has been carried out, thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.
In the interests of the amenities of the locality.
9 No piped discharge of surface water from the application site shall take place until surface water drainage works including off-site works have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority.
To ensure satisfactory drainage arrangements.
10 Prior to the occupation of the proposed dwellings all works detailed in the report, which forms part of a scheme to protect the future occupiers of the dwellings from noise, shall have been implemented and retained in accordance with the details submitted to and approved in writing by the Local Planning Authority.
26 In the interests of the amenities of the locality and occupiers of the proposed dwellings.
11 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 locality and occupiers of adjoining property.
12 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.
13 The building shall not be used unless all redundant access have been permanently stopped up and reinstated to footway, and means of vehicular access shall be restricted solely to those access points indicated in the approved plans.
In the interests of traffic safety and the amenities of the locality.
14 There shall be no gates or barriers erected at the means of access to the site unless otherwise agreed in writing by the Local Planning Authority.
In the interests of traffic safety and the amenities of the locality.
15 The site 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 site commencing, and shall thereafter be retained.
27 In the interests of traffic safety and the amenities of the locality.
Attention is drawn to the following justifications:
1. The decision to grant planning permission and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance.BE7 - Building Design and SitingIB7 - Development in Business AreasH12 - Housing Development in the City CentreH16 - Open Space in New Housing Developments. This informative is intended as a summary of the reasons for grant of planning permission. If you wish to see the file and application report please contact the Planning Records section on 2734220, quoting the file reference shown above, or by visiting Sheffield City Council's website at www.sheffield.gov.uk/your-city-council/council-meetings/planning- boards
Attention is drawn to the following directives:
1. It is noted that your planning application involves the construction or alteration of an access crossing to a highway maintained at public expense. This planning permission DOES NOT automatically permit the layout or construction of the access crossing in question, this being a matter which is covered by Section 184 of the Highways Act 1980, and dealt with by: Assistant Head of Highways Development Services Howden House1 Union Street Sheffield S1 2SHFor access crossing approval you should contact the Highway Co-ordinator in that Department of 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. If your planning application involves the construction or alteration of an access crossing, this planning permission does not automatically permit the layout or construction of the access crossing in question. For access approval and specification you should contact the Highway Co-ordination Group on Sheffield 2736136.
3. The applicant should note that the proposed development would be sited over a public sewer. This requires further approval under the Building Act and the applicant is advised to contact the Council's Directorate of Development, Environment and Leisure, Environment and Regulatory Services, Building Standards, Barkers Pool House, Burgess Street, Sheffield S1 2HF (Telephone 0114 2734168) and Land and Planning, Yorkshire Water Services Ltd, PO Box 500, Western
28 House, Western Way, Halifax Road, Bradford, BD6 2LZ (Telephone 01274 691111), prior to the submission of an application.
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:-Assistant Head of Highways Planning, Transport & Highways Howden House1 Union Street Sheffield S1 2SHFor the attention of Mr S A Turner Tel: (0114) 2736133
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. The developer should note that if there are not sufficient car parking spaces within the scheme for all residents vehicles, in accordance with Council policies for the City Centre, residents will NOT be able to obtain car parking permits.
29 Site Location
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Devonshire Green Victoria Hall
5
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6 y 5 d ard B E W L Victoria Hall Playground D 42 O m R N 82.0 C S 44
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LOCATION AND PROPOSAL
The site is derelict industrial premises between the rear of the shops and bars on Devonshire Street and the Victoria Hall student accommodation Trafalgar Street. The site faces Trafalgar Street and the former Aberdeen Works, currently in use as student accommodation and the subject of an undetermined application for a bar (03/04308/CHU). The access is via Devonshire Lane which is no longer public highway between Trafalgar Street and Eldon Street.
The land falls from Devonshire Street down Trafalgar Street with the ground level of the site being 3.5m lower. The immediately adjoining buildings on Devonshire Street are Listed Grade 2, three storeys at the front and four at the rear. Victoria Hall is four storeys and Aberdeen Works is 2/3.
The proposed building is 5/6 modern storeys, the top one being partially set back and not a complete floor. The building is arranged around a small private courtyard over the basement car park.
SUMMARY OF REPRESENTATIONS
None received from third parties.
30 The applicants have submitted supporting documents.
PLANNING ASSESSMENT
Policy Issues
The site is a Business Area in the Unitary Development Plan. In the City Centre housing is acceptable at upper levels and the site is within the Housing Priority Zone. Taking account of adjoining land uses, the site is not a key location for office development and housing is well established in the area, it is the most appropriate land use and supported by Policy IB7 Development in Business Areas.
In design terms Policy BE5 Building Design and Siting is the relevant one.
Design Issues
The design shows a good contemporary design. Amendments to the overall height and set back of the upper floor have been negotiated and the formal revised plans are awaited. The scheme is sufficiently low not to overpower and affect the setting of the adjoining listed new buildings because of its own height and the fall in the land. The materials are a mix of concrete blocks, render and timber cladding with glass and steel balustrades.
Because of the proximity of existing buildings, the major view is from Trafalgar Street where the building meets the back edge of the footway. In design terms the building acts to provide an end stop in the street scene for the listed buildings on Devonshire Street.
The view up Trafalgar Street shows a stepping up of the uniform frontage of Victoria Hall. This building introduces variety, hides the poor quality rear of the listed buildings, due to late 20th century alterations, and provides a further end stop to repetition in the street scene. The top floor is stepped back to reduce impact in the street scene on Trafalgar Street and views from Devonshire Green.
Very little of the building can be seen from any other point provided that the amendments referred to above are forthcoming. The original scheme as submitted was one floor higher than the amended scheme. This was considered to be too high and would dominate the setting of the Listed Buildings, projecting much higher above the roofs and higher above Victoria Hall. Views on to the site from Devonshire Green would have shown a building projecting an excessive height above the existing. This was not considered appropriate on a small site off a main street in the City Centre and would not comply with the Urban Design Compendium advice. It is anticipated that the revised plans will be received prior to the Board Meeting, allowing a favourable recommendation.
31 The applicants have been in discussion with the South Yorkshire Police to obtain a “secured by design award”, as they recognise that crime can be a problem in this area.
Residential Amenity Issues
The applicants have submitted a noise report taking account of the location of the building to the rear of buildings which are in use as bars and restaurants and in an area which is subject to much late evening and night time noise. This generally indicates that with suitable insulation, housing can be built on the site giving residents an appropriate level of amenity for a city centre location.
The building’s height does have some impact on the outlook of residents in Victoria Hall and the former Aberdeen Works. The distances are fairly close. From Victoria Halls to the nearest walls which are almost totally blank and which cover only a small part along the site boundary, the distance is 8m. It is, however, nearly 17m to habitable rooms in the main part of the building and this is a reasonable distance for the city centre.
Facing Aberdeen Works are a mix of lounges, bedrooms, bathrooms and kitchens with screened balconies. The impact on residents in Aberdeen Works, should be acceptable taking account of amenity levels in the city centre and it being also on the back edge of the footway, in line with the historic building form of the area.
Highway Issues
The site can be safely accessed by vehicles. Car parking meets guidelines although not every flat has a car space. A directive is recommended indicating city centre parking permits will not be issued to residents.
Open Space Issues
A contribution to city centre open spaces is required under a section 106 Agreement. New equipment and safety surfaces are required at the Gell Street Play Area and improvements are required at Devonshire Green Open Space. The contribution figure will be reported to members once the amended plans have been received and the number of flats finalised.
Access Issues
There are lifts to all floors, including from the basement car park which has disabled parking spaces, level access thresholds, wide doors, bathrooms which can accommodate wheelchair manoeuvres. Windows, which allow views from wheelchairs and external lighting and security, are proposed.
32 SUMMARY AND RECOMMENDATION
The contemporary design is appropriate in this location. It is near other modern buildings and does not detract from the setting of the adjoining historic ones or excessively impact on the amenities of existing residents. The land use is in accordance with the development plan and the type of accommodation offered, 1 and 2 bedroom apartments for sale adds to the residential mix of student and rented accommodation already present in the immediate area.
It is anticipated that the revised plans, taking account of officers concerns, will be received in advance of the meeting and that a favourable recommendation will be forthcoming.
33 Case Number 04/01879/LBC
Application Type a Listed Building Consent Application
Proposal Alterations to ground floor to form 3 office units
Location Terminal Warehouse Wharf Street Victoria Quays Sheffield S2 5SY
Date Received 06/05/2004
Team CITY CENTRE AND EAST
Applicant/Agent Halliday Clarke Ltd
Recommendation Refuse
For the following reason(s):
1 The removal of the hoppers in the Grain Warehouse is considered to be harmful to the buildings special architectural and historic character and insufficient information has been submitted to assess the effect of the other alterations on the special character of both the buildings. The proposals are thereby considered to be contrary to Unitary Development Plan Policy BE19.
34 D A O Site Location R B N L IO O T N A K T S S T A R Blonk I E E R T O Bridge Hotel Bristol T C I V 48.5m
48.2m El Sub Sta B M 48.64m CR D A O R PC L A V I N R U F
Hotel
S
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49.1m a
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Terminal
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WB
Terminal The Straddle W arehouse Victoria Quays Canal
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See report on application number 04/01881/FUL
35 Case Number 04/01881/FUL
Application Type a Full Planning Application
Proposal Alterations to ground floor to form 3 office units
Location Terminal Warehouse Wharf Street Victoria Quays Sheffield S2 5SY
Date Received 06/05/2004
Team CITY CENTRE AND EAST
Applicant/Agent Halliday Clarke Ltd
Recommendation Refuse
For the following reason(s):
1 The proposal will increase the dominance of offices on a key gateway building that is particularly suitable for public use, to the detriment of securing a vibrant canal basin with a wide mixture of uses. It is thereby considered to be contrary to Unitary Development Plan Policy MU11.
2 The proposed car parking is considered to be harmful to the setting the Grade II* Listed Terminal Warehouse and is thereby considered to be contrary to the Unitary Development Plan Policy BE19.
36 D A O R Site Location N IO T A T S A I R O Multi-storey Bridge Hotel Bristol T C I V 48.5m
El Sub Sta
48.64m
D A O R L A V I N R U F
Hotel
S
u
b
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49.1m a
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Tk S u Alex andra bw ay Hotel North Quay 10 49.7m 11 TCB
Terminal
4 W arehouse 7 1 nt e sc re C ts n 0 a 1 h 2 rc Victoria Quays e M Canal Basin WB
Terminal The Straddle W arehouse Victoria Quays Canal
E Basin X C South Quay H
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TCB E E B M T 50.35m
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LOCATION AND PROPOSAL
The application relates to the ground floor of the Terminal and Grain warehouses. The former is listed grade II* and the latter grade II. The upper floors of both buildings have been converted to flats. The buildings are located at the heart of the canal basin being the first buildings that are encountered when approaching the site from the City Centre they also enclose the attractive space around the inner dock.
The ground floor of the Terminal warehouse contains a boat dock that enabled barges to load within the building. The ground floor of the grain warehouse contains the metal bases of a series of hoppers that originally extended to the full height of the building. Both buildings have an attractive outlook across the inner dock, timber pontoons have been erected on the canal side of the buildings to allow access to the waterside. Some original hoisting machinery has been retained under the canopy on the canal side elevation of the Grain warehouse.
The proposal is to convert the ground floor of both buildings to offices. The plans show the removal of several metal hoppers in the Grain warehouse to accommodate a waiting and meeting room area and alterations to the infill to some of the openings in both buildings. In the Terminal warehouse it is
37 proposed to enclose an area of space adjacent to the bridge across the boat dock such that it will only be possible to access the bridge from within the offices. It is also proposed to provide 6 parking spaces adjoining the southern elevation of the Terminal Warehouse.
RELEVANT PLANNING HISTORY
Planning and Listed Building consent was granted for the conversion of the upper floors of the Terminal and Grain Warehouses as flats and for the use of the ground and first floor for food and drink uses by applications 96/8077P and 96/8078/LBC in July 1996.
Planning and listed building consent was granted for the conversion of the first floor of both buildings to flats by applications 00/01169/FUL and 00/01170/LBC.
SUMMARY OF REPRESENTATIONS
One letter objecting to the proposal has been received from the owner of a business in one of the arches. The main points raised are that Victoria Quays is largely an office park rather than a mixed-use development. Putting offices in the ground floor would simple close the site to the public. The closure of Sheaf Quay Public House significantly reduced visitor numbers to the site. The investment in the site was intended to create a space for the people of the city. When the ring road is completed the canal basin should be able to fully integrate into the riverside quarter and a vibrant lively entrance to the site will be desirable when this is achieved. The objector has also questioned the applicants commitment to marketing the site.
One letter has been received from an occupier of one of the flats directly above the premises raising concerns about the hours of construction, noise and dust, working hours for the offices, whether any noise attenuation works are proposed.
PLANNING ASSESSMENT
Policy Issues
The application site lies in the Victoria Quays Mixed use area. A wide range of uses are acceptable in policy terms including offices (Policy MU10). Policy MU11 applies to all mixed use areas and states that changes of use will be permitted that would “preserve or create variety in the character of the neighbourhood and not result in any one use dominating and leading to the loss of the Area’s character. The commentary on this policy states that the “mixed character of these Areas needs to be fostered where large single-use developments would result in a dull environment.”
Whilst Victoria Quays contains 3 hotels, retail and food and drink uses in some of the arches, 35 flats on the upper floors of the Terminal and Grain, it is dominated by offices uses. The whole of south quay and the Straddle
38 Warehouse are used as offices with further office developments off Blast Lane, Furnival Road and within Sheaf Quay House. Therefore whilst offices are one of the acceptable uses it is considered that the proposal will be contrary to policy MU11 in that it would not create variety in the neighbourhood and would further add to the dominance of offices.
The ground floors of the Terminal and Grain warehouses are a key group of buildings within the canal basin. They form the gateway to the site when approaching from the city centre. They are also at the heart of the historic core of the area and arguably combine with the other historic buildings to create the most attractive and atmospheric space with the Victoria Quays, around the inner basin. The buildings are intrinsically interesting as they embody the history of the site and they contain interesting features such as hoists, boat holes, hoppers and machinery. It was these characteristics amongst others that justified approximately £8 million of public investment in the site.
It is well known that the canal basin is struggling to achieve the footfall necessary to attract and retain the types of public uses that will ensure that it achieves its potential as an attractive and vibrant leisure and specialist retail destination. Sheaf Quay House, which opened as a pub, has since closed due to lack of trade and has been converted into a call centre. The arches on north quay have struggled to find occupiers and whilst only one remains vacant two of them are occupied by uses that do not particularly add to the vitality of the basin. The businesses that have invested have done so on the presumption that visitor numbers will improve in the future. The Head of Development Services has recently held meetings with businesses in the Quays and recognised that they need more support in promoting events and improved signage, in anticipation of the changes that will be brought about by the ring road improvements.
If the change of use is permitted it could result in the ground floor of a building that has been vacant for some time being reused and additional employees working in the area. However it would do little in attracting additional visitors to the site or adding to the critical mass of public uses in the area. Given their location and characteristics the Terminal and Grain warehouses are considered to be the key buildings within the site for accommodating public uses and therefore a decision to grant permission could send the signal that the canal basin has little future as the vibrant mixed use development originally intended.
Whilst the applicant has not submitted any supporting information illustrating their efforts to let the building for the preferred use they have told officers that they have marketed the site for the past 6 years, during which time they have mail shot over 10,000 people and had 50 viewings of the premises. They consider the chief problems are that there is no car parking next to the building and it is not on a leisure circuit, consequently there are not enough people to support a restaurant use.
39 Whilst the ground floors of these buildings have clearly been vacant for some time it is considered that this is not the time to give up on achieving an active use. Members will be aware that the ring road is to start on site this autumn with an approximate 2-year construction period. It is a significant barrier to pedestrian movement between the site and the city centre. The ring road scheme will significantly reduce the traffic on Exchange Street and Exchange Place and will allow the road to be downgraded with greater priority given to pedestrians along with improved and more direct crossing facilities, similar to Hallam Square.
In addition to the above there are a number of schemes in the pipeline that are likely to increase the number of visitors to the site. The Sheaf Markets site, which is currently a temporary car park and vacant development site, has detailed planning permission for the first phase of an office scheme, granted at the last area board. A detailed application for a multi-storey car park with public uses on the ground floor on part of the same site is also currently being considered. These developments will create a stronger link between the city centre and the site and introduce a significant number of office employees close to the site. In addition there is a current detailed application for the Hancock and Lant site for 100+ flats and retail and food and drink uses which is 150m from the site. On Nursery Street two schemes of approximately 50 flats and a food and drink use have been permitted, one of which has been implemented. Along with the Exchange Brewery site there is a potential for a leisure circuit along the waterside to Victoria Quays.
Members should note that in November 2001 planning permission was refused to change the use of the lower ground floor of Sheaf Quay House to offices (01/01334/FUL). It was granted on appeal in April 2002. The planning inspector accepted that the proposal was contrary to the mixed-use policies for the area but considered that the ring road would still be a substantial barrier to pedestrian movement between the new developments and the site. He took the view that although new developments may increase the number of visitors they will not alter the relative isolated nature of the area. He also gave weight to the fact that the lower ground floor of Sheaf Quay House was less attractive, as it does not afford view of the waterfront.
Given this previous decision by the planning inspectorate and evidence the applicants are likely to be able to produce in respect of marketing the site, there is clearly a significant risk that a decision to refuse permission will not be supported on appeal. It could be argued that the ground floors of these buildings are contributing little to the area and that this is unlikely to change.
However the planning inspectorate did seem to accept that the ring road is a significant obstacle and there is now a firm commitment to address this. In addition Sheaf Quay House is located on the fringe of the canal basin whereas the Terminal and Grain warehouses are at the heart of the scheme and much less isolated. Furthermore the buildings lend themselves to public uses and have an attractive relationship with the waterside, unlike the basement to Sheaf Quay House. Given this and the other schemes referred to above there is considered to be a reasonable prospect in the foreseeable
40 future that the situation will change and this site will become attractive to food and drink / retail occupiers. It is therefore recommended that this proposal be resisted on policy grounds.
Impacts on the Listed Buildings
The proposed changes to the external appearance of the listed buildings are fairly minimal. These mainly consist of altering the glazed infill to existing door and window openings to facilitate different access arrangements. These works do not affect the original fabric of the building and the designs appear to be in keeping with the alterations already approved. There is however some detail lacking that requires further clarification.
Internally it is proposed to remove some of the hoppers in the Grain warehouse above a proposed waiting and meeting area. The hoppers are original features and the number and repetition of these features increases the drama of their impact. No justification has been put forward for their removal or any explanation of why they could not be relocated elsewhere on the ground floor of the Grain warehouse.
The original scheme for the conversion of the Terminal warehouse that has been partially implemented allowed for the public to enter the building and cross a bridge over the internal boat dock without entering the private space of the ground floor occupiers. Internal glass screens adjacent to the boat dock have been designed such that they allow maximum views of the ground floor of the building. The current proposal will effectively prevent access to the internal bridge without passing through the private space of the offices. This will clearly detract from the public’s ability to appreciate the building and reinforces the case for public uses on the ground floor of this building. However it will still be possible to appreciate the boat dock from the canal side pontoons and it would be difficult to argue that the proposals will be harmful to the building’s special historic or architectural character.
Other internal alterations include the creation of toilet/kitchen areas, meeting rooms, and sealing openings between the two warehouses to facilitate their use as separate offices. The level of subdivision of the ground floor is considered to be acceptable in principle although insufficient information on the details of the works has been submitted to properly assess the impact.
Externally 6 parking spaces are proposed against the south elevation of the Terminal warehouse on an area that is hard landscaped. In practice only 4 spaces are achievable in the location proposed. However it is consider that they would detract from the setting of the listed building. There is parking available in the Victoria Quays multi-storey car park close to the site. This issue can be reconsidered if it is essential to secure a public use for the ground floor of the buildings when the impact can be balanced against the other benefits of the proposal.
41 Access Issues
The parking arrangements as currently proposed obstruct a footpath and therefore are considered to be unsatisfactory. This could be resolved by reducing the number of space some of which would need to be allocated for disabled users.
SUMMARY AND RECOMMENDATION
The proposal is contrary to policy in that it will increase the dominance of offices on a key gateway site in Victory Quays, to the detriment of securing a vibrant mixed-use development. It is considered that there is a reasonable prospect that the premises will be more commercially attractive in the foreseeable future given the changes to the ring road, adjacent developments, the attractiveness of the site and its proximity to the City Centre. The risks of the property remaining vacant in the short term are considered to be outweighed by the harm caused to the future vitality of the area by allowing an office use.
The removal of hoppers from the interior of the Grain warehouse is considered to be harmful to its special architectural and historic character and the parking adjacent to the Terminal warehouse is considered to be harmful to its setting.
It is therefore recommended that planning and listed building consent is refused.
42 Case Number 04/01913/FUL
Application Type a Full Planning Application
Proposal Alterations and extension to building for use as a cafe bar with associated offices and a retail unit (Application under Section 73 to vary condition 3 (hours of use) imposed by 03/02355/FUL)
Location Former Kendal Works 23-31 Carver Street Sheffield S1 4FS
Date Received 10/05/2004
Team CITY CENTRE AND EAST
Applicant/Agent Development Land And Planning Consultants Ltd
Recommendation Grant Conditionally
Subject to:
1 The development shall be begun not later than the expiration of five years from the date of this decision.
In order to comply with the requirements of the Town and Country Planning Act.
2 The development shall not be used unless the sound attenuation works recommended in the report by Hepworth Accoustics (dated November 2002) have been implemented, including the provision of sound lobbies to all public entrances and mechanical ventilation.
In the interests of the amenities of the locality.
3 The building shall only be used for the above mentioned purposes between 0730 hours and 0030 hours on the following day.
To protect the amenities of the future occupiers of nearby residential developments.
4 Unless otherwise agreed in writing there shall be no opening lights in the extension and the windows in the external elevation of the scissor forge and the ground floor area of the cafe bar in the Carver Street verge shall be made none opening.
To protect the amenities of the future occupiers of nearby residential developments.
43 5 No amplified sound or live music shall be played nor shall loud speakers be fixed at any time in the external area adjoining the west elevation.
In the interests of the amenities of the locality and occupiers of adjoining property.
6 Noise levels from plant and machinery shall not exceed existing background noise levels at the site boundary by more than 3 dBA (when measured as a 5 minute LA90).
In the interests of the amenities of the locality and occupiers of adjoining property.
7 No movement, sorting or removal of waste bottles, materials or other articles, nor movement of skips, shall be carried on outside the building within the site of the development between 2400 hours and 0730 hours Monday to Saturday and between 2400 hours and 0900 hours Sunday and Bank Holidays.
In the interests of the amenities of the locality and occupiers of adjoining property.
8 The cafe bar shall not be used for the purpose hereby permitted unless suitable apparatus for the arrestment and discharge of fumes or gases has been installed. Before such equipment is installed details thereof shall have been submitted to and approved by the Local Planning Authority. After installation such equipment shall be retained and operated for the purpose for which it was installed.
In the interests of the amenities of the locality and occupiers of adjoining property.
9 The area shown hatched adjoining Carver Lane shall be kept free of permanent obstruction and shall be made available if required for vehicular access improvement works to Carver Lane
In the interests of traffic safety and the amenities of the locality.
10 The development shall not be used unless all redundant accesses have been permanently stopped up and reinstated to footway, and means of vehicular access shall be restricted solely to those access points indicated in the approved plans.
In the interests of traffic safety and the amenities of the locality.
11 The proposed Class A3 part of the development shall not be used unless the Class A1 shop unit has been provided and is either occupied or is ready for occupation for that purpose.
44 To ensure completion of the development and meet planning policy objectives.
12 No live music or amplified sound shall be played within the building unless the scheme of noise attenuation works has been carried out and sound levels shall be limited to ensure that the following levels are not exceeded in the street.1) the background noise levels + 3 dBA when measured as a 15 minute LAeq. 2) any octave band centre frequency by more than 3dB when measured as a 15 minutes linear Leq.
In the interests of the amenities of the locality.
13 The fire exit doors shall only be used for emergency purposes and shall at no time be retained in an open position.
In the interests of the amenities of the locality and occupiers of adjoining property.
14 Before the use of the development is commenced a Validation Test of noise emission levels shall have been carried out and the results submitted to and approved by the Local Planning Authority. Such Validation Test shall: a) Be carried out in accordance with a method statement which shall first have been submitted to and approved by the Local Planning Authority. b) Demonstrate that the approved noise levels have been achieved. In the event that the approved noise levels have not been achieved, then notwithstanding the sound attenuation works thus far approved, a further scheme of sound attenuation works recommended by an acoustic consultant shall be submitted to and approved by the Local Planning Authority before the use of the development is commenced. Such further scheme of works shall be installed as approved by the Local Planning Authority and shall thereafter be retained.
In the interests of the amenities of the locality and occupiers of adjoining property.
15 Before the development is commenced, details of the following items shall be submitted to and approved by the Local Planning Authority. - Specification of all repairs to structure, walls, roofs, floors, windows, doors, rainwater goods and other building elements and fixtures.- Windows: confirmation of installation of timber, vertical sliding boxed sash windows to Carver Street range and multi paned side hung casement windows to Scissor Forge and Carver Lane range, in designs to match those previously installed. Fixtures and fittings (i.e. fireplaces, window shutters etc,) provision of schedule of all such elements, with photographic record, together with confirmation of proposals for retention, removal or relocation. Internal and external doors: design, details and specifications of all new doors, internally and externally. - Entrance door to retail unit: full details of new entrance door.- Lobbies
45 to atrium: details of design. The external plant.- Detailed architectural and photographic survey based upon a brief to be agreed with the Heritage and Urban Design Team and the South Yorkshire Archaeological Service. Copies of survey to be lodged with the Planning, Transportation and Highways Service, Sheffield Local Studies Library and Sheffield Archive. Atrium roof structure and columns: details of design and decoration of trusses, the integration of ventilation ducts and fixing to existing structure.- New floor structure: details and design of abutment with existing structure. - Courtyard floorspace. Internal and external lighting: design and location of all light fittings. West range design: details of columns, piers, lintols and other architectural features. Bar within scissor forge. - Services: location, specification and appearance of meter boxes, binstores; outlets and inlet for gas, electricity, telephones, security systems, CCTV cameras, cable, trunking, flues, fresh and foul water supply and runs, heating and ventilation equipment and duct and pipe runs. - External works: location, specification and appearance of boundary walls, fences and gateways; steps and paths; hardstandings; hard landscaping generally. External walls: extent and specification of brick and stone repair and cleaning; the standard and specification of mortar joints and pointing. Signage: design, specification and locations.
To safeguard the listed building.
16 Before the development is commenced details of the following items shall be submitted to and approved by the Local Planning Authority. The opening width of doorways. Manifestation to glazed panels in public areas. Internal signage. Stairs. The lifts. Low section to bars
To ensure ease of access and facilities for disabled persons at all times.
Attention is drawn to the following directives:
1. 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 RESPONSIBLE1. 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
46 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.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.
47
Site Location
5
t 3
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I L 2 L E 0 o 1 o 92 A PH Y 8 t PH 8 t PH N L 9 8 E
A
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e Posts 7 4 5
10 LANE
7 T 7 EE T STR WES 12 1 m 93.3m 1 6 93. BM
112
4 1
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1
0 1
9 PH
5
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5
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0
3 Car P ark
1
0 9
1 1 1 0
7 1 H
C O BM 93.40m A L R L City Hall V Y E
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T L
A R
N E
8 E
2 E
6 2
2 T
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2 1 4
1
7 0
3 6
2
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6 3
W orks 0
1
1 3 4 2
1 1 3
6 1 3
El Sub Sta 3 SHEFFIELD
8 1
1 C War 2 A 5
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V 3 2 5 E 12 BM 89.36m 1 R 2 to FS 3 3 S LB T
R l to 93 2
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T 14
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2 C 6 K T CBs I N 24 89.3m
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28 6
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t 1 o 1
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t A o 1
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42 ET 0 E 1 4 STR
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urt b o 6 S C BM 91.20m 5 n at
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St Matthew's 4
PH 2 Church PH TCB LANE W orks ION 26 VIS B
I A
0 D
5 C 1 K
F
I E
L
D
S LOCATION AND PROPOSAL
Kendal Works is a Grade II Listed Building within the City Centre Conservation Area. Planning permission was granted in November 2003 for its alteration, extension and use as a café bar. Work has already started on site but the developer has submitted this application to very condition 3 to the permission (ref 03/02355/FUL. The condition states:-
‘The building shall only be used for the above mentioned purpose between 0730 hours and 2400 hours on any day except for 5 days in any year when it may be used between 0230 and 0100 hours on the following day’.
The applicants were seeking to use the building as a café bar until 01.00 am in the morning seven days a week. However, they have now agreed that 12.30 am would be acceptable and the extension till 1.00 am on five days in a year can be dropped.
REPRESENTATIONS
None received.
48 ASSESSMENT
Policy Issues
The Unitary Development Plan shows that Kendal Works lies within the Housing Priority Zone and Policy H12 says that housing will be expected to form a significant proportion of any new development.
The City Centre Living Strategy has been adapted as Supplementary Planning Guidance since the determination of the application. Guideline 10 of the Strategy suggests that in the Devonshire Quarter pubs and bars should be allowed to open until half an hour after midnight i.e. 12.30 am.
Amenity
Planning permission has already been granted for a major mixed use development to the side and rear of Kendal Works. This scheme shows apartments located within 7 metres of Kendal Works and any development on this site is likely to contain residential uses. It is therefore most important that developers are not discouraged from bringing forward a scheme with major regenerative benefits because of late night disturbance and that future residents are protected.
SUMMARY AND RECOMMENDATION
The City Centre Living Strategy clearly states that pubs and bars should be allowed to open until half past midnight which is half an hour later than the existing condition allows. The developer has agreed to this limitation and in the absence of other considerations indicating that further restriction should be applied in this case it is concluded that opening until 12.30 am should be permitted.
It is therefore recommended that the variation of condition 3 be allowed and a revised planning permission for the development be granted.
49 Case Number 04/02142/FUL
Application Type a Full Planning Application
Proposal Use of land as scaffold/builders yard and erection of single-storey building for use as offices
Location Land Rear Of Valley Works Deep Lane Sheffield
Date Received 26/05/2004
Team CITY CENTRE AND EAST
Applicant/Agent Trident Scaffolding
Recommendation Refuse with Enforcement Action
Subject to:
1 The Local Planning Authority considers that the proposed development represents a departure from the provisions of the adopted plan. This is the nature of the development/open storage and its location on Open Space within the Green Network and adjacent to a long distance footpath, the Trans-Pennine Trail. It is thus considered to be contrary to the aims of Policies LR4; LR5; GE10 and T8, as it would adversely affect the green and open character of the open space, adjacent to a well used public footpath.
2 In the absence of sufficient information in respect of the disposal of foul drainage, the Local Planning Authority must assume that the proposed development could have a detrimental impact on local water quality and as such the proposed development is considered to be contrary to Policy GE26 of the Unitary Development Plan.
Attention is drawn to the following directives:
1. The Director of Legal and Administrative Services is authorised to take whatever action is necessary including enforcement to remove the tipped material on site and to return that part of the site in Open Space to its original nature including landscaping.
50 Site Location y d B d r a W y & d t B s t n s o n C o o C C o , r Grange Lane t o s B Level n o Crossing C o r u E f CS e Grange D Bridge Valley W orks 46.3m
BS Grange Lane
Co Const & W ard Bdy Valley Works Und G Boro Const B dy R A NG E M B I o LL ro B L C la A o ckb N n dy ur E s t C B n Brook & F rd M a e t W R C D C Tanks S is t B d y
E El S ub Sta N A L
47.1m E u P r E o E C D o n s t B BM 48.82m d y Valley Works
Grange Lane Works
dy B rd Gas a W Governor R C
EC CR CLE S FIEL D R O A D
53.1m
C Grange Lane S
Valley 55.3m W ork s
M P 16 3. 5m
P a t h ( u m )
54.5m
ef D
B M
E 53.02m u r o 43 C 35 47 o n s t B d y 57
75.1m
67
52.8m
8 3
2 4
LOCATION AND PROPOSAL
The application site is located to the rear of Valley Works which is accessed off Deep Lane. It is bounded to the south west by an embankment carrying the Barnsley-Sheffield railway line and to the north east by the Trans-Pennine Trail, the former Smithywood Coking Plant railway line which is approximately 3 metres lower with a 2 metre wire mesh boundary fence. To the north west are existing brick clad buildings, part of Valley Works, and woodland to the south east.
In general the site has been cleared of trees and tipped and is level from north west to south east. Some trees remain on the north eastern boundary and on the south western railway embankment.
Access to the site is through Valley Works and to the west of the brick clad building referred to above.
It is proposed to use the site for the storage of scaffolding and builders’ materials. Mainly open storage with a small brick faced office in the south eastern part of the site plus a prefabricated steel store to the north east. A 3 metre high palisade fence is also proposed on the site perimeter.
51 RELEVANT SITE HISTORY
None
SUMMARY OF REPRESENTATIONS
One letter of objection has been received from Sheffield Wildlife Trust. Issues raised are:
The proposal is industrial development on Open Space in the Unitary Development Plan and on a Green Corridor. As such it is contrary to Policy GE10 “Green Network” and LR4 “Open Space”.
PLANNING ASSESSMENT
The majority of the site falls within an Open Space Policy Area designated in the Unitary Development Plan. A short strip to the north west is in a General Industry ‘A’ Policy Area. A strategic footpath is located to the north west of the site. It also falls within a Green Corridor.
Open Space policies relevant to this site are: LR4 “Open Space”. This states that “Open space will be protected from built environment where it is needed for outdoor recreation or where it makes a valuable contribution to the natural environment, urban heritage or quality of life.
As opportunities arise, open space will be (a) improved, where it is of poor quality, and (b) created, where there is a shortage.”
LR5 “Development in Open Space Areas” states that “Development in Open Space Areas will not be permitted where: (c) it would significantly detract from the green and open character of the Green Network or (d) it would make an open space ineffective as an environmental buffer, or (i) it would result in over development, or harm the character of the area.”
Policy GE10 “Green Network” states that “A Network of Green Corridors and Green Links will be (a) protected from development which would detract from their mainly green and open character or which would cause serious ecological damage and … .”
The site is also adjacent to the Trans-Pennine Trail, a long distance path as defined in Policy T11 and a Pedestrian Route T8.
In that part of the site that falls within a General Industry Policy Area ‘A’ Policy IB5 states that open storage is acceptable.
In principle as the majority of the site is in an Open Space Policy Area, the proposal is not considered acceptable. Although the majority of the site has been cleared its overall value as a buffer to the adjacent industrial development to the north is still relevant. Aerial photographs taken in July 2002 show the site as wooded/well landscaped thus the clearance has taken
52 place between that time and prior to submission of the application. It is considered that development of the site would detract from the green and open nature of the site with materials stored in the open and visible from the surrounding railway line and Trans-Pennine Trail. The proposed use would also thus adversely affect the Green Network.
Loss of this Open Space could lead to pressure to extend development southwards.
Proposed boundary treatment would also adversely affect the setting of the Trans-Pennine Trail.
Whilst it is acknowledged that a small proportion of the site is within a General Industry Area the majority is within Open Space. It is therefore considered that the proposal contravenes Policies GE10, LR4, LR5 and T8.
Design Issues
Within a General Policy Area the boundary treatment and buildings may be acceptable in principle but the development must be considered in relation to the above.
Drainage Issues
The Environment Agency objects to the proposal as insufficient information has been provided with the application in relation to the disposal of foul drainage. Yorkshire Water’s records indicate that there is a public sewer in close proximity and as such the proposed cesspool or septic tank is not the most viable option. The objection remains until it can be proved that connection to the public sewer or more preferred alternatives are in practice as per Circular 03/99.
Highway Issues
It is not considered that the proposal will have any highways implications.
CONCLUSION AND RECOMMENDATION
Taking the above issues into account it is considered that the proposed use i.e. mainly open storage (B8) and a change of use from open space will have an adverse effect on the green and open character of the open space and the adjacent Trans-Pennine Trail. It is thus contrary to Policies LR4, LR5, GE10 and T8 of the Unitary Development Plan.
As the site has been cleared and tipped it is also recommended that enforcement action be taken to restore that part of the site within the Open Space Policy Area.
It is therefore requested that the Area Board refuse the application and the Director of Legal and Administrative Services be authorised to take whatever
53 action is necessary to ensure that any unauthorised tipping is removed and the site within the Open Space Policy Area allowed to regenerate.
54 Case Number 04/02179/CHU
Application Type a Planning Application for Change of Use
Proposal Use of shop for the sale of hot food (Class A3)
Location 141-143 Fitzwilliam Street Sheffield S1 4JP
Date Received 27/05/2004
Team CITY CENTRE AND EAST
Applicant/Agent Fowler Sandford
Recommendation Grant Conditionally
Subject to:
1 The development shall be begun not later than the expiration of five years from the date of this decision.
In order to comply with the requirements of the Town and Country Planning Act.
2 The ground floor of 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.
3 The ground floor of the building shall not be used for the purpose hereby permitted unless suitable apparatus for the arrestment and discharge of fumes or gases has been installed. Before such equipment is installed details thereof shall have been submitted to and approved by the Local Planning Authority. After installation such equipment shall be retained and operated for the purpose for which it was installed.
In the interests of the amenities of the locality and occupiers of adjoining property.
4 The ground floor of the building shall not be used for the purpose hereby permitted unless necessary servicing facilities (including any beer drop) have been provided, but before such servicing facilities are provided details thereof shall have been submitted to and approved by the local planning authority.
55 In the interests of traffic safety and the amenities of the locality.
5 Before work on site is commenced, full details of suitable access and facilities for people with disabilities, both to and within the building and also within the curtilage of the site, shall have been submitted to and approved in writing by the Local Planning Authority and the building shall not be used unless such access and facilities have been provided in accordance with the approved plans Thereafter such access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).
To ensure ease of access and facilities for disabled persons at all times.
Attention is drawn to the following justifications:
1. The decision to grant planning permission and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan set out below: IB7 - Development in Business AreasIB9 - Conditions on Development in Industry and Business Areas and to all relevant material considerations, including Supplementary Planning Guidance. This informative is intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report by contacting the Planning Records section on 2734220 or by visiting Sheffield City Council's website at www.sheffield.gov.uk/your-city-council/council- meetings/planning-boards
56 Site Location
TCB
2 8 7
F I 1 T 1 Z 9
W 2
IL 3 L e IA 1 s 2 2 t M Warehouse u o 1 o 2 S
H
4 T 5 R 3 n
E 1 T o t E R il T A M F A L Works G A R
S T Telephone R 78.6m 1 E 1 E 7 Exchange T to B O ll 1 a LB 2 W H 5 D n O rto N e S g T E R E E T W orks LB
T
ra
in 0
i 7 1 Eldon ng W o House rk sh o Works ps 76.5m
Eldon
1 4 l House t Posts o 1 Posts
4
9
2
8
1
o
W orks t
2
7 1
76.8m
4 TCB
8 1
T
H
O 6 m 9 7 M . 9 A R 6 S Works am 7 S p M T B R 74.4m E E T
T E Salvation Army E TR S Hostel 6 N 12 TO I L M
W Multistorey Car Park O R Works R E r T e lt R e A h H S El Sub Sta C
E N A L N 2 O 1 T IL M y e r o k Works t r s i a Subway lt P u r M a C LOCATION AND PROPOSAL
The application site is located on the eastern side of Fitzwilliam Street, in a designated Business Area as defined in the Unitary Development Plan. It comprises of a three storey grey brick built flat roofed property with a vacant shop unit at ground floor level and offices over.
To the north east, on the opposite side of Bowdon Street, stands Telephone House, a large six storey concrete clad office block. To the south east is a small surface car park and beyond, adjacent Charter Row, a Salvation Army hostel.
At 172/182 Fitzwilliam Street, to the south west of the application site, is a two storey building used for car sales. This adjoins a shop at 185 Fitzwilliam Street selling specialist hifi equipment.
To the north west, another small surface level car park separates the application site from Milton Street. Beyond lies a car sales business (the Council are currently considering a planning application for residential use on this site).
57 Planning permission is sought for use of the ground floor of the application site for the sale of takeaway hot food.
PLANNING HISTORY
96/00400/FUL (formerly 96/0113P) - Planning permission was granted for use of first floor of 147 Fitzwilliam Street for food and drink purposes (Class A3).
95/01319/FUL (formerly 95/0943P) – Planning permission was granted for use of ground floor of 147 Fitzwilliam Street for food and drink purposes.
REPRESENTATIONS
None received.
ASSESSMENT
The application site lies within a designated Business Area. Policy IB7 of the Unitary Development Plan describes food and drink outlets as an acceptable use in Business Areas.
Furthermore, as it is considered important to concentrate A1 shop uses in the retail core of the city centre, the proposed change of use from A1 to A3 is acceptable as it will reduce the amount of out-of-centre retailing.
Policy IB9 (a) of the Unitary Development Plan requires that preferred uses, i.e. business uses, remain dominant in this area. Currently, preferred uses account for only 50% of all uses. However, as there are two floors of offices above ground floor level, and this is not considered to be a key site or location for office development, it is considered unreasonable to resist the proposed change of use on the grounds of dominance.
The nearest residential accommodation, the Salvation Army hostel, is situated approximately 35 metres from the application site and, as such, will not be affected by the proposed development provided it is adequately extracted.
This application is therefore recommended for approval subject to the attached conditions.
58 Case Number 04/02267/CHU
Application Type a Planning Application for Change of Use
Proposal Use of ground floor of building as hot & cold take-away (Class A3)
Location 203 Bellhouse Road Sheffield S5 6HQ
Date Received 03/06/2004
Team CITY CENTRE AND EAST
Applicant/Agent Gary Grayson
Recommendation Refuse
For the following reason(s):
1 The Local Planning Authority consider that the proposed development would be detrimental to the amenities of the locality and to the living conditions of nearby residents owing to the noise, litter and general disturbance which would be generated by the use of the building for the purpose of a hot food takeaway. The proposal is therefore contrary to Policy H14 of the Unitary Development Plan.
59 Site Location
Cl ub 9 3
2
254
0
4 El Sub Sta
6 5
0 5
4 5
244
T enni s Courts
232
54
50 230
211
38 PAV ILION WAY
1 130.8m
220
2 6
E S 201 O L C S R 197 E P E E K
208
1 1 3 6
187
D
A
O
R
2 E S
U
O
H
L 14 L E 19 B 4 3 2
8 PA VILIO 128.3m N WA Y 7 1 Playground
40 to 50
1
8 2
LOCATION AND PROPOSAL
The site is one of a small parade of local shops, near to the Firth Park District Centre which is about 300m to the south. Of the original 13 shops in this row, four have returned to houses and two are empty. There are no other units within Use Class A3 and all but the site of the application and one other unit have flats over. There are houses opposite and to the rear. The applicant has submitted a plan to show how the premises would operate which show the internal layout, venting system, bin stores and staff parking.
RELEVANT PLANNING HISTORY
The use of the building for the sale of hot food has been refused four times in 1990, 1993, 1994 and 2002. The most recent reasons were that the use would prejudice the amenities of adjoining residents.
SUMMARY OF REPRESENTATIONS
5 objections have been received (two by e-mail) which can be summarised as follows:-
60 - there are already 9 outlets in the area and a problem with litter already exists
- gangs will gather outside the shop late at night
- there will be late night noise from drunken customers
- noise from cars, more traffic accidents, and damage to parked vehicles
- the use will not benefit the community
- the street is relatively quiet after 6pm
PLANNING ASSESSMENT
Policy Issues
Policy S7 (Development in District and Local Centres) does state that uses with Class A3 are acceptable provided they can meet conditions on noise, disturbance, relationship with neighbours etc. The plans submitted with the application indicate the proposed use can go some way towards meeting those conditions in respect of venting and management of the site. If the use went ahead, there would be proper venting of fumes, very little smell from cooking or waste food. The major problem is the proximity to living accommodation and this should be considered with reference to Policy H14.
Residential Amenity Issues
There are flats over both the adjoining shops, and the nearest house is 10m to the north. Other houses are located 20m to the front and rear. The close proximity of such living accommodation make the use unacceptable in this situation. This local centre is too small to be considered for such uses as the degree of separation from dwellings is effectively non-existent and any argument for such residents having any expectation of lower levels of amenity, cannot be supported. The comings/goings to and from the premises and congregation outside, especially late at night will disturb residents in what is currently a relatively quiet location in the evenings.
Highway Issues
There are not considered to be any highway safety issues but residents are likely to suffer the effects of late night traffic noise from vehicles and the drivers.
SUMMARY AND RECOMMENDATION
Whilst complying with policy in principle, the effect on the amenity of residents of the use on balance, far outweighs the policy support on this occasion. Circumstances have not changed since the previous refusals and as such the roposal is still deemed to be unacceptable.
61 Case Number 04/02399/FUL
Application Type a Full Planning Application
Proposal Erection of 6/8-storey building comprising of A1, A2 & A3 uses on the ground floor with 40 flats above and 31 basement car parking spaces
Location Land Adjacent To 125 Fitzwilliam Street Sheffield
Date Received 09/06/2004
Team CITY CENTRE AND EAST
Applicant/Agent DLP Consultants Ltd
Recommendation To Report
Subject to:
1 The development shall be begun not later than the expiration of five years from the date of this decision.
In order to comply with the requirements of the Town and Country Planning Act.
2 The building shall not be used unless all redundant access have been permanently stopped up and reinstated to kerb and footway, and means of vehicular access shall be restricted solely to those access points indicated in the approved plans.
In the interests of traffic safety and the amenities of the locality.
3 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.
4 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
62 and the flats 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.
5 Before the development is commenced, full details of the proposed external materials shall have been submitted to and approved in writing by the Local Planning Authority.
In the interests of the visual amenities of the locality.
6 Prior to any use within Use Class A3 commencing, all approved apparatus for the arrestment and discharge of fumes or gases shall be detailed in a plan/report, which forms part of a scheme to protect the occupiers of adjacent dwellings from odour. 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.
7 The development shall not be used for the purposes hereby permitted unless the scheme of sound attenuation works described in the Noise Report dated 11th June 2004 produced by S & D Garritt Ltd has been carried out as specified in the Report and such works shall thereafter be retained.
In the interests of the amenities of the locality and occupiers of adjoining property.
8 No live music or amplified sound shall be played within the building 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, b) Be capable of restricting noise breakout from the building to the street to levels not exceeding:(i) the background noise levels by more than 3 dB(A) when measured as a 15 minute Laeq, (ii) any octave band centre frequency by more than 3 Db when measured as a 15 minute linear Leq.Before such scheme of works is installed full details thereof shall first have been submitted to and approved in writing by the Local Planning Authority.
In the interests of the amenities of the locality and occupiers of adjoining property.
9 Before the use of the building for Food and Drink purposes (Use Class A3) is commenced a scheme of sound attenuation works shall have been installed and thereafter retained. Such a scheme of works shall
63 a) Be based on the findings of an approved noise survey of the application site, including an approved method statement for the noise survey, b) Be capable of restricting noise breakout from the Use Class A3 use to the street to levels not exceeding: i) the background noise levels by more than 3 dB(A) when measured as a 15 minute Laeq, ii) any octave band centre frequency by more than 3dB when measured as a 15 minute Leq, iii) Be capable of restricting noise breakout from the Class A3 use to the flats above to levels complying with the following:Bedrooms: Noise Rating Curve (2300 TO 0700 hours),Living Rooms: Noise Rating Curve NR35 (0700 to 2300 hours),(Noise Rating Curves should be measured as a 15 minute linear Leq at the octave band centre frequencies 31.5 kHz to 8 kHz).Before such scheme of works is installed full details thereof shall first have been submitted to and approved in writing by the Local Planning Authority.
In the interests of the amenities of the locality and occupiers of adjoining property.
10 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 locality and occupiers of adjoining property.
11 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.
12 No deliveries to the building shall be carried out between the hours of 2300 to 0700 hours Monday to Saturday and 2300 hours to 0900 hours Sundays and Public Holidays.
64 In the interests of the amenities of the locality and occupiers of adjoining property.
13 No movement, sorting or removal of waste bottles, materials or other articles, nor movement of skips or bins shall be carried on outside the building within the site of the development between 2300 hours and 0700 hours Monday to Saturday and 2300 hours to 0900 hours Sundays and Public Holidays.
In the interests of the amenities of the locality and occupiers of adjoining property.
14 Any use within Class A3 shall only operate within the hours 0900-2330 Mondays to Saturdays and 0900-2300 Sundays and Bank Holidays and these times shall not be varied without the written agreement of the Local Planning Authority
In the interests of the amenities of the locality and occupiers of adjoining property.
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 prevent pollution of the Water Environment.
16 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 prevent pollution of the Water Environment.
17 Prior to the development commencing full details of the proposed open area adjoining Fitzwilliam Street and Milton Street including a scheme of Public Art, shall have been submitted to and approved in writing by the Local Planning Authority.
In the interests of the visual amenities of the locality.
18 The amount of Class A1 retail floorspace shall be restricted to 280 square metres in total.
In order to comply with Unitary Development Plan Policy.
Attention is drawn to the following justifications:
65 1. The decision to grant planning permission and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan set out below: BE5 - Building Design and SitingIB7 - Development in Business AreasH16 - Open Space in New Housing Developments and to all relevant material considerations, including Supplementary Planning Guidance. This informative is intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report by contacting the Planning Records section on 2734220 or by visiting Sheffield City Council's website at www.sheffield.gov.uk/your-city-council/council-meetings/planning- boards
Attention is drawn to the following directives:
1. It is noted that your planning application involves the construction or alteration of an access crossing to a highway maintained at public expense. This planning permission DOES NOT automatically permit the layout or construction of the access crossing in question, this being a matter which is covered by Section 184 of the Highways Act 1980, and dealt with by: Assistant Head of Highways Development Services Howden House1 Union Street Sheffield S1 2SHFor access crossing approval you should contact the Highway Co-ordinator in that Department of 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. If your planning application involves the construction or alteration of an access crossing, this planning permission does not automatically permit the layout or construction of the access crossing in question. For access approval and specification you should contact the Highway Co-ordination Group on Sheffield 2736136.
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.
66 4. The developer should note that if there is not sufficient car parking spaces within the scheme for all residents vehicles, in accordance with council policies for the city Centre, residents will NOT be able to obtain parking permits.
Site Location
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LOCATION AND PROPOSAL
The site of the application is currently occupied by a car sales operation which has been established for a number of years. The cars are traded in the open part of the site and a late 19th century, three storey, metal trades building is used as the administration offices. The site is enclosed by a wire fence on top of a wall. Fronting Fitzwilliam Street is a landscaped strip of grass containing formerly 5 mature trees. There is an established building line on both sides of Fitzwilliam Street where buildings are set back from the back edge of the carriageway. On the application side it is approximately 4.75m and on the opposite side 8m and these distances have been observed by the majority of contemporary developments.
The uses adjoining the site are mixed in character. From Charter Row to Wellington Street are the Salvation Army hostel, a building with retailing and offices and car parks either side, the site of the application at the corner with
67 Milton Street, the Mad Greek Restaurant, an empty industrial unit, Autoglass windscreen depot, a retail unit and the Washington Public House. On the opposite side are Stokes Tiles, two car sales/repairers, a church and some housing. All the existing buildings are relatively low level, the majority being two storey. The housing is three storey and leads into the higher 10 storey West One development next to Devonshire Green.
To the east of the site, the character of the area has been changing from one where uses were predominantly industrial and business towards housing, including student accommodation and other uses, such as the Corporation Night Club. The site to the rear, the former Gremlin Works has a permission which rises up to 8 floors next to the higher British Telecom building.
On the western side of Fitzwilliam Street, the uses remain mainly industrial and seem unlikely to change in the immediate future. Buildings are generally three storeys and below.
The application as proposed in the amended plans is eight floors at its maximum to the rear at Bowden Street and Milton Street. It drops to 6 storeys on part of the Fitzwilliam Street frontage as a projecting block. The scheme creates a square on the corner of Fitzwilliam Street and Milton Street which will be accessible to the public and may form part of a café terrace. At first floor level on the other side of the projection and over a ground floor shop will be a private terrace area for residents to use.
The design of the elevations is a contemporary one in a combination of modern materials.
The building is set on the same line as the adjoining established buildings at a point approximately 4.75m from the carriageway. This will enable the line of trees currently being established in the highway to be continued past the site in the direction of Devonshire Green.
RELEVANT PLANNING HISTORY A previous application on the site, 03/03280/FUL was refused by members on the 10th March 2004. The reasons were excessive intrusion into the street scene, the excessive height of the building and the unsatisfactory access arrangements. A row of trees which were on the frontage of the site had also been removed immediately prior to the Board meeting. Supplementary Planning Guidance indicates a tree lined boulevard as a feature of the location and the plans would have prevented the implementation of this proposal. A planning appeal has been lodged for this application but is currently in abeyance awaiting the outcome of this revised application.
SUMMARY OF REPRESENTATIONS
None received from the public.
The applicants, through their planning and design agents, have submitted documents, including an Access Statement, in support of the application,
68 setting out a case why the application should be granted in its revised form and how it complies with the Council’s planning policies for the area.
PLANNING ASSESSMENT
Policy Issues
Such a complex application must be considered from several viewpoints in policy terms.
In terms of uses within the building, Policy IB7 Development in Business Areas and IB9 Conditions on Development in Business Areas of the Unitary Development Plan set out what land uses should be permitted and the issues that need to be taken into account.
Policy BE5 Building Design and Siting, BE6 Landscape Design and BE9 Design for Vehicles from the Unitary Development Plan are most relevant in terms of the detailed design of the building and the site on which it is located.
The Council’s agreed supplementary planning guidance for the area, The Devonshire Quarter Action Plan, is also a key factor in setting the building in its context. This guidance has already been effective in shaping the developments at West One and at the former Royal Hospital site for example. The Sheffield Urban Design Compendium offers some general guidance on the quality of design expected in this city centre location.
Land Use
The plans show approximately 214 sq.ms. of commercial divided into two units on the ground floor for use within Class A of the Use Classes Order 1987 as mainstream retailing, professional offices or as a bar/restaurant. Each unit is less than 280 sq.ms. and are small shops in policy terms. The A1 use would not detract from other larger scale retail developments planned for the City Centre and can be seen as providing local services in a part of the city where housing is increasing in numbers. An A3 use may in fact contribute to the residential viability of the area
There is an issue regarding whether or not the ground floor use increases the non-preferred uses in the Unitary Development Plan Policy Area. The site is already not in Business B1 use and the overall effect of the change would make little difference. However, in the area as a whole B1 uses have declined in favour of housing, following the granting of a series of planning permissions and is now less than 50% of site areas. This application does not make that situation any worse as the original on site use is car sales.
The housing at upper levels complies with Policy IB7 where the policy applies in the City Centre. On this basis both land uses comply with policy.
69 Design and Layout Issues
The elevations of the building indicate a good contemporary design with a variety of modern materials and this part of the proposals in itself complies with the relevant criteria of the design policy BE5.
The main issues are around the height of the building and its coverage of the site. The site was not identified as a development site in the Devonshire Quarter Action Plan but was indicated as being on the principal road access into the area. The setting back of the buildings and formation of the planting strip was noted as a feature but not a consistent one. The Plan suggests “with a new planting scheme and repaving, this could become a tree lined avenue leading to the Green.” A sketch in the Plan and a masterplan accompanying the document indicate a tree-lined boulevard following the line of existing buildings.
Fitzwilliam Street’s more recent buildings have been set back to allow the development of such a feature. Stokes Tiles and the Salvation Army Hostel are located where the highway widens into Charter Row. A new pavement has been set out and trees planted within the footway to complement the existing ones which run up to the development site. The new housing scheme which replaced the Broomhall Flats, has a substantial amount of planting on its boundary. Policy BE6 indicates landscaping is expected as a part of new developments. Criterion (c) suggests existing features such as mature trees should be incorporated.
The setting back of the building allows this tree lined feature to be created in Fitzwilliam Street and the line of new trees being planted to be continued. Confirmation is currently awaited from the applicants that the footways around the site will be resurfaced in accordance with the criteria set out in the Urban Design Compendium.
The setting back of the building to the line of the established ones and the restriction of its height on the frontage to six storeys makes the impact on Fitzwilliam Street acceptable. This view was not indentified in the Unitary Development Plan Policy BE3 Views and Vistas in the City Centre but recent developments in the area and at Devonshire Green have made the area more important visually. The open areas at ground floor and first floor reduce the visual impact of the building, especially the higher part to the rear. Supporting documents from the applicant show how this could fit in as part of a larger scheme for the area, although they have been informed there is no implication that such a scheme would be approved by members or supported by officers. The siting and massing of the building comply therefore with Council guidance, subject to some minor design revision which have been requested, such as the further setting back of the upper floor and the removal of a section of the building which overhangs the ground floor fronting Fitzwilliam Street.
70 Residential Amenity Issues
The majority of the flats within the building face south-east, south or south west. A number face northeast and would be less than 21m from the student accommodation proposed on the site of the adjoining Gremlin Works. The distance at about 14m is considered acceptable for a city centre location, particularly across a highway, where retention of the street pattern and built form is important.
Highway Issues
Access to the building does not raise any specific highway safety issues. Car parking is not provided for every dwelling and some may be intended the operators of the retail units. The numbers are acceptable for this part of the City Centre. A directive will be proposed informing the applicants that residents will not be eligible for a city centre parking permit and a travel plan will be required as a condition.
Open Space Issues
A contribution to City Centre Open Space provision is being obtained by a section 106 Agreement. Improvements to Devonshire Green and the Gell Street Play Area have been identified. The figure will be reported to members of the Board once the amended plans referred to above have been received.
The applicants have indicated they will contribute to the replanting of trees in the highway on Fitzwilliam Street.
Access
There is level access or lifts to all parts of the building.
CONCLUSION
The building as proposed meets the existing supplementary planning guidance for the Devonshire Quarter of the City, UDP policies and material planning considerations. An important view up to the new West One development and Devonshire Green is protected. The accommodation provided which is 1 and 2 bedroom flats for purchase, adds to the variety of accommodation in the area.
RECOMMENDATION
It is anticipated that satisfactory resolution of the minor design amendments referred to above and confirmation of the resurfacing of the footways will be received prior to the meeting and a favourable recommendation will be forthcoming.
71 Case Number 04/02416/FUL
Application Type a Full Planning Application
Proposal Alterations and extensions to building for use as bar with table top dancing (Use Class D2) and provision of manager's flat (Application under Section 73 to vary condition 2 (opening hours) imposed by planning permission 02/01805/FUL)
Location 575 Attercliffe Road Sheffield S9 3RB
Date Received 14/06/2004
Team CITY CENTRE AND EAST
Applicant/Agent Design Team Partnership
Recommendation Grant Conditionally
Subject to:
1 The development shall be begun not later than the expiration of five years from the date of this decision.
In order to comply with the requirements of the Town and Country Planning Act.
2 The hours of use of the club shall be restricted to between 1100 hours and 0230 hours, on the following day.
In the interests of the amenities of the locality and occupiers of adjoining property
3 No live or amplified music shall be played within the building unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall be submitted to and approved by the Local Planning Authority before installation and shall: (a) be based on the findings of an approved noise survey of the application site, including a method statement for the noise survey (b) be capable of restricting noise breakout from the premises to the street levels not exceeding (i) the background noise levels by more than 3dBA when measured as a 15 minute Laeq, (ii) any octave band frequency by more than 3dB when measured as a 15 minute linear Leq when measured on the footpath of Oakes Green immediately outside the building and on the footpath of Attercliffe Road, directly opposite No.600 Attercliffe Road.
72 In the interests of the amenities of the locality and occupiers of adjoining property.
4 Before the use is commenced, a Validation Test of the sound attenuation works shall have been carried out and the results submitted to and approved by the Local Planning Authority. Such Validation Test shall be carried out in accordance with an approved method statement and shall 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 accoustic consultant shall have been submitted to and approved by the Local Planning Authority. Such approved scheme shall then be installed before the use is commenced and shall thereafter be retained.
In the interests of the amenities of the locality and occupiers of adjoining property.
5 The first floor living accommodation of the development shall only be occupied by persons connected with the main use of the building.
In the interests of the amenities of occupied of the proposed living accommodation.
6 No sorting or removal of waste bottles and other materials arising from the use of the building, or movement of skips shall occur outside the building, within the site of the development between 2300 hours and 0700 hours.
In the interests of the amenities of the locality and occupiers of adjoining property.
7 The club 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.
8 The Manager's flat shall not be occupied unless sound attenuation works to protect occupants from noise from neighbouring industrial premises (which shall include glazing and ventilation details) have been implemented in accordance with details to be submitted to and approved by the Local Planning Authority. Thereafter such attenuation works shall be retained.
73 In the interests of the amenities of occupiers of the proposed living accommodation.
9 Before the development is commenced, full details of the proposed external materials shall have been submitted to and approved by the Local Planning Authority.
In the interests of the visual amenities of the locality.
10 Before the development is commenced, full details of the proposed canopy and external doors, shall have been submitted to and approved by the Local Planning Authority.
In the interests of the visual amenities of the locality.
11 The proposed treatment of the existing windows which are shown to be blocked up is not hereby approved. Any alterations to these windows shall only be undertaken in accordance with further details which have been submitted to and approved by the Local Planning Authority and once the approved alterations have been carried out the windows shall not be further altered without the prior written approval of the Local Planning Authority.
In the interests of the amenities of the locality.
12 Notwithstanding the terms of the Town and Country Planning (Use Classes) Order, 1987, or any statutory instrument revoking and re- enacting that Order, the building shall be used solely for the use hereby permitted, and shall not be used for any other purpose within Class D2 without the prior approval of the Local Planning Authority.
In the interests of the amenities of the locality and occupiers of adjoining property.
Attention is drawn to the following justifications:
1. The decision to grant planning permission and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance.S10 - Conditions on Development in Shopping Areas This informative is intended as a summary of the reasons for grant of planning permission. If you wish to see the file and application report please contact the Planning Records section on 2734220, quoting the file reference shown above, or by visiting Sheffield City Council's website at www.sheffield.gov.uk/your-city-council/council- meetings/planning-boards.
Attention is drawn to the following directives:
74 1. The applicant is advised that condition No(s) 1, and 3-11 were imposed by planning permission No. 02/01805/FUL and are reproduced on this notice to provide you with a complete record of all conditions, regardless of whether some may have already been discharged.
Site Location
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W B LOCATION AND PROPOSAL
The application site consists of a recently refurbished and extended, two- storey former public house (Dog and Partridge) located at the junction of Attercliffe Road and Oakes Green. The building has been in use as ‘Goodfella’s’, a club with table top dancing, since early April, 2004.
The permission granted in October 2002 for the alterations and change of use, and subsequently amended in March 2003, contained a restriction on the hours of operation of the premises, which limited use to between the hours of 1100 and 0130 hours owing to concern about impact upon residents who live in the Attercliffe centre.
The applicant subsequently applied for permission to vary the hours of operation prior to the use commencing, however in the absence of any substantive supporting information and with no change in circumstances, the
75 Board refused this application in March 2004. An appeal has been lodged by the applicant, with the Planning Inspectorate, and is due to be heard by Public Inquiry in January 2005.
This current application is in effect a re-application, seeking to extend the hours of operation of the use to 0230 hours, and has been submitted with supporting information, in the form of a noise survey, prepared by Hepworth Acoustics.
RELEVANT PLANNING HISTORY
Planning Permission was granted in October 2002 for the alteration and extension of the building for use as a bar with table top dancing (Use Class D2) and the provision of a managers flat. (Ref:-02/01805/FUL).
Subsequently, Planning Permission was granted for an amended proposal for the same use in March 2003 (Ref:-03/00135/FUL)
An application to vary condition 2 on the above approvals, which limits hours of operation to 1100 hours to 0130 hours, to allow opening until 0230 hours, was refused in March 2004. (Ref:-04/00091/FUL). The applicant has subsequently appealed against this refusal, and the case is due to be considered by the Planning Inspectorate at a Public Inquiry in January 2005.
SUMMARY OF REPRESENTATIONS
South Yorkshire Police have written in support of the application, stating that the use has not lead to increased incidents requiring police presence, is well managed, has contributed to enhancing the Attercliffe area, and that a comparable use 200m towards the city centre has a liquor licence until 0200 hours with a Public Entertainments licence until 0300 hours.
PLANNING ASSESSMENT
Policy Issues
The application site falls within a Local Shopping Centre as defined by the Unitary Development Plan for Sheffield. Policy S7 states that uses falling within Class D2 are acceptable in principle, subject to the requirements of Policy S10. Included within the criteria set out in Policy S10 is the need for the development not to result in residents suffering unacceptable living conditions, including noise pollution. This is the only significant issue raised by the applicant’s repeat request to extend the permitted hours of operation.
Impact on Residents Amenity
There are a number of residential uses on the upper floors of buildings in close proximity to the site. Whilst the proposed club is not a traditional nightclub, amplified music is played within the premises. There is therefore potential for noise disturbance to be generated from the premises in the early
76 hours, in the form of noise from the music and from persons leaving the premises/car doors banging /engines starting etc.
Noise from the premises is controlled effectively by measures set out in a noise report prepared by Hepworth Acoustics in support of the original application. Officers have visited the premises and witnessed the effectiveness of the measures, with music audible on the footpath outside the premises, though not beyond. Therefore an extension in the hours of operation does not raise any significant concerns in this regard.
Noise created by visitors entering and leaving the premises is however more difficult to control. Visitors to late night establishments, where alcohol is served commonly cause noise and disturbance on leaving premises, at a time when background noise levels are generally low.
There is a significant difference between this application and the previously refused application, in that the use has now been operating for a period of over three months. This has enabled evidence to be gathered by the applicants noise consultant, and has also allowed officers the opportunity to witness the comings and goings of its customers and to be able to assess the proposal in more detail.
The noise report submitted by the applicant records events on a Friday evening over the current operating period, and beyond to the time for which permission is sought. It identifies that there are a number of movements of vehicles and pedestrians in the locality throughout the period, many of which are associated with other late night uses in the locality. It also notes that arrivals and departures from the application site tend to be spread out over the period, and involve groups of typically two, three or four people at a time.
The report also identifies that traffic noise remains dominant throughout the period. It also states that the noise measured (including traffic) increased in the period after the club had closed and patrons/staff had moved on. However traffic noise has a very different characteristic to noise from people on the street shouting, talking loudly and hailing taxis outside people’s bedroom windows. There is also a degree of habituation with traffic noise, whereby residents become accustomed to it.
Officers have visited the premises on a Thursday evening/Friday morning (15th/16th July). The club currently operates a free entry policy on Thursday evenings, and it was relatively busy with around 70 customers visiting the premises through the night. Officers experienced a very similar pattern of movement to that reflected in the noise report, with small groups of people, mostly in twos and fours entering and leaving the premises.
Access to and exit from the club is via a door on Oakes Green. The vast majority of customers departed quietly in the direction of the City Centre, either on foot or by taxi. Taxis were either flagged down in the street or more typically were pre-ordered and collected customers from the exit door in
77 Oakes Green. As a result customers leaving the premises were generating very little additional noise.
Elsewhere within the centre, customers from other late night operations were departing in a similar manner, and pedestrians walking through the centre, on their way home from an evening out were generating street noise.
No complaints have been received by Environmental Health over the three months that the use has been in operation, and it is also worth noting that no objections were received to the original application or to this request for extended hours.
Operating in this manner it is considered that to extend the hours of operation of the premises would not cause significant additional disturbance to local residents, and the application should therefore be supported. However, the premises has an unrestricted Class D2 consent, which would allow use by a more traditional night club use, without the need for permission. Such a use would give rise for greater potential disturbance with large numbers of people leaving the premises at the end of the evening, rather than leaving incrementally every five minutes, as is the case currently. It is therefore considered appropriate to impose an additional condition, limiting the use to that specified, and preventing use as a night club.
SUMMARY AND RECOMMENDATION
In summary, the noise report submitted by the applicant, and an officers visit to the site to witness the movement of customers departing the premises, identify that no significant disturbance results from the activity, and that several other activities in the locality and the general passing of people through the area generates a degree of noise disturbance that would not be significantly affected by an additional hour of operation at the application site.
The absence of complaints and objections from local residents is further demonstration that the operation does not result in significant disturbance. It is therefore considered that subject to an additional condition preventing the use of the building as a night club, Planning Permission should be granted for use of the premises up to 0230 hours, by varying the condition no.2 imposed on previous permissions for the building.
78 79