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SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate REPORT TO WEST AND NORTH DATE 13/06/2006 PLANNING AND HIGHWAYS AREA BOARD REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS SUMMARY RECOMMENDATIONS SEE RECOMMENDATIONS HEREIN THE BACKGROUND PAPERS ARE IN THE FILES IN RESPECT OF THE PLANNING APPLICATIONS NUMBERED. FINANCIAL IMPLICATIONS N/A PARAGRAPHS CLEARED BY BACKGROUND PAPERS CONTACT POINT FOR ACCESS Bob Turner TEL NO: 0114 2734183 AREA(S) AFFECTED CATEGORY OF REPORT OPEN 2 Application No. Location Page No. 05/03496/CHU 45 Middlewood Road, Sheffield, S6 4GW 5 05/04613/OUT Ucar Ltd Site, Beeley Wood Lane/Claywheels 10 Lane, Sheffield, S6 1NF, 06/00907/FUL 4 Maxwell Street, Sheffield, S4 7JN 51 06/01009/FUL 5 Floodgate Drive, Ecclesfield, Sheffield, S35 55 9WX 06/01034/FUL Site Of 14 Sussex Road, Chapeltown, Sheffield, 60 S35 2XQ 06/01120/CHU 285 Middlewood Road, Sheffield, S6 1TG 69 06/01134/FUL 151 Main Street, Grenoside, Sheffield, S35 8PN 73 06/01376/FUL 7 Creswick Lane, Grenoside, Sheffield, S35 8NL 78 06/01561/CHU Barnfield Rest Home, Loxley Road, Loxley, 83 Sheffield, S6 6RW 3 4 SHEFFIELD CITY COUNCIL Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The NORTH & WEST Planning And Highways Area Board Date Of Meeting: 13/06/2006 LIST OF PLANNING APPLICATIONS FOR DECISION OR INFORMATION *NOTE* Under the heading “Representations” a Brief Summary of Representations received up to a week before the Area Board date is given (later representations will be reported verbally). The main points only are given for ease of reference. The full letters are on the application file, which is available to members and the public and will be at the meeting. Case Number 05/03496/CHU Application Type Planning Application for Change of Use Proposal Use of shop for the sale of takeaway hot food (A3 Class) (Application under Section 73 to vary condition 2 (opening hours) as imposed by planning permission 04/02373/CHU) Location 45 Middlewood Road, Sheffield, S6 4GW Date Received 02/09/2005 Team NORTH & WEST Applicant/Agent Mr Kayton Recommendation Grant Conditionally Subject to: 1 The building shall not be used for the purposes 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 an approved in writing 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 properties. 2 The building shall be used only between the hours of 0900 ¿ 0030 Monday to Thursday, 0900 and 0130 Fridays and Saturdays and 1700 ¿23.30 on Sundays and Bank Holidays In the interest of the amenities of the locality and occupiers of adjoining property. 3 The building shall not be used for the extended hours of use hereby permitted unless a suitable scheme to protect occupiers of adjacent dwellings from noise has been submitted to an approved in writing by the Local Planning Authority and thereafter provided and retained to the satisfaction of the Local Planning Authority. In the interests of the amenities of the locality and occupiers of adjoining properties. 4 The building shall not be used unless a suitable receptacle for the disposal of litter has been provided in a location in accordance with details to be submitted to and approved in writing by the Local Planning Authority. In the interests of the amenities of the locality. 5 No emptying of bins/emptying of waste or deliveries or cleaning or other activity associated with the proposed use shall be carried out from the rear of the property after 23.00 hours on any day, unless other wise agreed in writing by the Local Planning Authority In the interests of the amenities of 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: S10 - Conditions on Development in Shopping Areas and to all relevant material considerations, including Supplementary Planning Guidance. This informative is intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report by contacting the Planning Records section on 2734220 or by visiting Sheffield City Councils website at www.sheffield.gov.uk/your-city-council/council-meetings/planning-boards 6 Site Location © Crown copyright. All rights reserved. 10018816. 2005 LOCATION AND PROPOSAL The application relates to an extension of opening hours of an existing hot food takeaway located on the ground floor of a two storey mid terrace property with a single residential flat. The site is located within the Hillsborough District shopping area. The application site is identified on the Unitary Development Plan Proposals Map as being within a district shopping area as defined in the UDP. The Hot food takeaway currently benefits from opening hours between 0800 and 2300 hours Mondays to Thursday and between 0800 hours and 2330 hours on Fridays and Saturdays, with no opening on Sundays or bank holidays. Planning permission is sought to extended the opening hours of the ground floor hot food 7 takeaway Monday to Thursday 0800 hours to 0000 hours, Fridays and Saturdays 0800 hours to 0100 and Sundays and bank Holidays 1700 hours to 23.30 hours. RELEVANT PLANNING HISTORY 02/01455/CHU - Use of shop for the sale of takeaway hot food (A3 Class) - Granted Conditionally 04/02373/CHU - Use of shop for the sale of takeaway hot food (A3 Class) (Application under Section 73 to vary condition (opening hours) imposed by planning permission 02/01455/CHU) – Granted Conditionally SUMMARY OF REPRESENTATIONS There have been no letters of representation CONSULTATIONS Environmental Protection Services – No objections subject to the imposition of conditions on hours of opening, noise attenuation measures between the ground floor and first floor unit and restriction on the use of outside areas. PLANNING ASSESSMENT Policy Issues The premises are situated within an allocated district shopping area. Policy S7 identifies preferred and acceptable uses of land within the policy area in this case food and drink outlets are acceptable, subject to the provisions of Policy S10, which controls development under 6 different criteria. The most relevant of these criteria states that development will be permitted provided it does not cause residents of any hotel, hostel, residential institution or housing to suffer form unacceptable living conditions, including air pollution, noise, other nuisance or risk to health and safety and the development complies with policies for the built and green environment as appropriate. Policy GE24 ‘Noise Pollution’ states that development will only be permitted where it would not, create noise levels which would cause a nuisance, or locate sensitive uses and sources of noise pollution close together. The principle of the use is established by the previous consents on the site dating back to 2002 to operate a hot food takeaway from the premises. The building was used for the sale of cold sandwiches prior to the 2002 permission. An application was submitted in 2004 to vary a condition to allow later hours of opening, provided details of fume extraction and a scheme to protect the occupiers of adjacent dwellings form noise was submitted. 8 Highways Issues The proposed extension of hours is not considered to give rise to any highway safety issues. Amenity Issues The application relates only to the ground floor of a two storey pitched roofed mid terraced property with residential accommodation at first floor level and to the rear of the site. The frontage along Middlewood Road is primarily commercial with a number of first floor flats. The land to the west is a housing area comprising of primarily terraced properties. There are a number of other takeaways in the locality with varying hours of use restrictions. The most recent permission granted within the District shopping at no. 287 Middlewood Road allowed hours of opening between 1700 and 0030 Monday to Thursday, 1700 and 0130 Friday and Saturday and 1700 and 0000 on Sundays. It is considered that in order to start to establish a clear and robust approach to proposals for new developments or variation and extension of opening hours for A3 and A5 uses, planning approvals and conditions relating to hours of use restrictions should be consistent. Therefore in this case slightly later hours of opening than requested by the applicants are considered acceptable consistent with 06/00115/FUL. Environmental Protection services have objection to the proposed extension of hours provided adequate noise attenuation measures are implemented to minimise any impact on adjoining property. It is considered that the proposed extension of opening hours is a reasonable increase in bearing in mind the location of the shop in the heart of the Hillsborough district shopping centre. Environmental Protection services have no record of complaints regarding noise and disturbance associated with the property or use. SUMMARY AND RECOMMENDATION The site is identified as being within a district shopping area, where food and drink uses can be acceptable subject to there impact living conditions of
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