Sheffield City Council Place

SHEFFIELD CITY COUNCIL PLACE

REPORT TO CITY CENTRE SOUTH AND EAST PLANNING DATE 03/05/2011 AND HIGHWAYS COMMITTEE

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 Chris Heeley TEL 0114 2736329 ACCESS Lucy Bond NO: 0114 2734556

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

11/00821/FUL 271 Chesterfield Road Sheffield 6 S8 0RT

11/00812/CHU Players Sports Bar 125 West Street 12 City Centre Sheffield S1 4ER

11/00696/RG3 Land At South Side Of Road Between Train Tracks And River Rother 26 Station Road Halfway Sheffield

11/00596/FUL Curtilage Of 36 High Street Beighton 36 Sheffield S20 1EA

11/00588/CHU 26 - 30 Division Street Sheffield 47 S1 4GF

11/00557/FUL Wellington House 39 Wellington Street 57 Sheffield S1 4HF

11/00503/FUL 7 Rockingham Street Sheffield 73 S1 4EA

11/00427/FUL 30 Bellhouse Road Sheffield 87 S5 6HL

3 11/00394/FUL Plot V Europa View 95 Sheffield Business Park Phase I Sheffield

11/00389/FUL Prego Unit 7 103 The Plaza 8 Fitzwilliam Street Sheffield S1 4JB

11/00246/REM Land Between Lock Lane And 303 Sheffield Road 114 Tinsley Sheffield S9 2FY

11/00223/FUL Kelham Island Museum To Brooklyn Works Green Lane 124 Sheffield S3 8RY

10/04045/FUL Site Of 159 To 165 West Street 138 City Centre Sheffield S1 4EW

10/03699/RG3 Land Off Meadowhall Way And Sheffield Road, Tinsley 159 Sheffield S9 1EA

08/01851/LBC Portland Works Randall Street 190 Sheffield S2 4SJ

08/01850/FUL Portland Works Randall Street 192 Sheffield S2 4SJ

4 5 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning To The SOUTH Planning And Highways Committee Date Of Meeting: 03/05/2011

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 Committee 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 11/00821/FUL

Application Type A Full Planning Application

Proposal Application to allow extension of opening hours to 1100 hours - 2200 hours Monday-Saturday and 1100 hours - 1800 hours Sunday (Application under Section 73 to vary condition 1 of planning permission 95/00801/FUL)

Location 271 Chesterfield Road Sheffield S8 0RT

Date Received 08/03/2011

Team SOUTH

Applicant/Agent Mr D Bunker

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 occupiers of adjoining property owing to the noise and general disturbance which would result from the premises itself, from customer movements to and from the premises and from cars (car doors slamming and engines being started and revved). As such, the proposal would be contrary to Policy H14 of the Sheffield Unitary Development Plan.

Site Location

7 PROPOSAL & SITE LOCATION

This is a Section 73 application to vary the opening hours of an existing massage parlour in a Housing Policy Area within the Meersbrook district of Sheffield.

The application site is an existing 2-storey property located at 271 Chesterfield Road. The property is positioned between an existing driving lessons office and a hairdressing salon (both of which have separate residential flats above). The driving lessons office (number 269 Chesterfield Road) occupies a corner position (between Chesterfield Road and Millmount Road), the hairdressing salon (273 to 275) is a double-fronted property.

Although there are some commercial properties within the parade, the whole parade is in fact within a Housing Policy Area (as defined by the Sheffield Unitary Development Plan), indeed beyond the hairdressing salon there are two residential properties at ground floor level. The shop frontage of the application site is currently blanked-out (with only the fascia sign on display). Access to the neighbouring residential flats (above the driving school office and above the hairdressing salon) is taken via the rear yards/gardens off Millmount Road. With the exceptions of the two commercial properties on the corners of Millmount Road and Chesterfield Road, Millmount Road is almost entirely residential in nature.

The authorised hours of operation for the massage parlour are:- 11am to 7pm Mondays to Saturdays with no opening on Sundays or Bank Holidays.

The variations to the operating hours that the applicant is seeking are:- 11am to 10pm Mondays to Saturdays and 11am to 6pm on Sundays with no opening on Bank Holidays.

RELEVANT PLANNING HISTORY

The relevant planning history relating to this property includes:-

95/00801/FUL – this was an application for use of the whole building as an aromatherapy massage centre (massage parlour). This application was conditionally approved on the 21st of September 1995. Two planning conditions were imposed; the first related to the opening times (as stipulated above – 11am to 7pm Mondays to Saturdays with no opening on Sundays or Bank Holidays) and, the second condition, which stipulated that all customers must only use the front entrance (fronting Chesterfield Road) and not the rear entrance of the property.

96/01680/FUL – this was a subsequent application to vary the opening times of the massage parlour to the hours of:- 11am to 9pm Mondays to Saturdays with no opening on Sundays or Bank Holidays. This application was refused on the 10th of April 1997. The Local Planning Authority also took enforcement action to stop customers from entering and exiting the premises from the rear access door.

REPRESENTATIONS

8 The proposal has resulted in 11 letters of representation being received and a separate petition with 76 names listed. Included in the 11 letters are representations from Councillors Peter Moore, Cate McDonald and Sylvia Anginotti.

The representations received are all in objection to the proposal. The objections have been summarised and are listed below:-

- There is already a lack of parking provision for existing local residents, the situation would be made worse if the business is allowed to operate later into the evening and on Sundays because customers to the business (to be discreet) would park on neighbouring residential roads.

- Despite the restrictions on the use of the rear access door, customers would still end up using the rear access door (because of the sensitive nature of the business). This would lead to conflict and problems with existing neighbouring residents.

- The business is being used for immoral purposes and is attracting trouble and nuisance by its very nature, any increase in late night hours would exacerbate unsocial behaviour in the evenings.

- The proposal would lead to noise nuisance from late evening customers and their cars (i.e. engines being revved up and car doors being banged closed).

- The only other business in the area that operates late into the evening is an off-licence/convenience store which serves the local community, this massage parlour has a very specific clientele and does not readily serve for the benefit of local residents.

- The website advertised on the signage board on the front of the massage parlour makes it obvious and clear (when viewed) that the activities taking place at the business are related to the adult sex industry. Given that the area is residential in character (with a school in close proximity) local residents are of the opinion that the use is not appropriate in this residential area.

- A similar proposal to extend the opening hours of the massage parlour business was previously refused. There are no new circumstances to justify a change in opinion to that which had previously been adopted.

PLANNING ASSESSMENT

The principle of the use (whether it be moral or not) has already previously been established and therefore, the main issue with regard to this application is whether or not the proposal would result in any detrimental impact on the amenities of neighbouring residents through noise, disturbance and traffic associated nuisance.

The site fronts onto Chesterfield Road which is a main arterial route into and out of Sheffield. However, the volume of vehicular traffic does tend to reduce significantly

9 after the evening rush hour and with this, there is a reduction in the ambient noise levels. It is important to bear this in mind when considering the impact of the proposal on the adjoining residential uses at first floor level.

From the nature and level of local opposition to the proposal, it would seem that there is some disturbance already caused to residents living immediately adjacent to and also at the rear of the application site (caused primarily from car doors slamming shut and people leaving the premises in the early evening).

Access to the residential flats above 269 and 273 Chesterfield Road are taken from the rear yard areas at the rear of the shops (off Millmount Road), despite there being a prohibitive condition in place preventing customers from accessing or exiting the massage parlour from the rear entrance door, there have been instances where the planning condition has been flouted, clearly this situation will still leave a sense of unease for adjacent residents knowing that they might still bump into customers of the massage parlour.

Also worth considering is that the massage parlour business occupies the ground floor up to the second floor (where there is a large rear facing dormer window), there is therefore a notion that whilst customers (in theory) might not use the rear access door, they would still be able to look out of some of the rear facing windows (particularly the large rear facing dormer window). Any intensification of operating hours would exacerbate that perceived feeling by the neighbours of being overlooked (particularly on Sundays, when one might expect the neighbours to be enjoying the use of their gardens/rear yard areas).

The application site is located within a Housing Policy Area and therefore due regard must be given to protecting the needs and amenities of local residents by ensuring that new developments or proposals do not adversely cause detrimental harm.

Policy H14: Conditions on Development in Housing Areas within the UDP states that in Housing Areas new development or change of use applications should not lead to air pollution, noise, smell, excessive traffic levels or other nuisance, or pose a risk to health and safety for people living nearby.

SUMMARY AND RECOMMENDATION

The proposed extension of hours is considered to be unacceptable based on the potential for further noise and disturbance to surrounding residents, which would detract from the aim of successfully balancing the needs and amenities of local residents and the commercial needs of a business. It is therefore considered that the proposal would be contrary to Policy H14 of the Sheffield Unitary Development Plan.

The application is therefore recommended for refusal.

ENFORCEMENT MATTERS

10 It has been alleged that the business may be operating in breach of a planning condition requiring customers to only use the front access door and not to use the rear access door for entry or exiting the massage parlour business. Members should be made aware that this matter is being investigated further and the findings will be reported as soon as they are known.

Case Number 11/00812/CHU

Application Type Planning Application for Change of Use

Proposal Application to extend opening times to 0730 hours to 0030 hours the following day Sunday to Thursday, and 0730 hours to 0130 hours the following day on Fridays, Saturdays and Sundays immediately before Public Holidays (Application under Section 73 to vary Condition 9 of application no. 04/05107/CHU)

Location Players Sports Bar 125 West Street City Centre Sheffield S1 4ER

Date Received 07/03/2011

Team CITY CENTRE AND EAST

Applicant/Agent DLP Planning Ltd

Recommendation Grant Conditionally

Subject to:

1 The development shall be begun not later than the expiration of five years from 30th March 2005.

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

2 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 a scheme of works shall;

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

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 3dBA when measured as a 15 minute Laeq

ii) any octave band centre frequency by more than 3db when measured as a 15 minute linear Leq.

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

3 Any A2 use proposed shall be designed to meet the noise criteria imposed by noise rating curve NR45 (0700 to 2300hrs) when measured as a 15 minute linear Leq at the octave band frequencies.

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

4 No movement, sorting, or removal of waste bottles, materials or other articles, nor movement of skips, shall be carried on outside the building within the site of the development between 2330 hours and 0730 hours.

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

5 Noise levels from plant & machinery should 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.

6 Details of the proposed fume extraction for the A3 use should be submitted for approval prior to installation.

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

7 The development shall not be used without internal bin and refuse storage areas. Before development commences, full details of these bin and refuse storage areas shall be 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.

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

a) been carried out; or

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

13 Highway Improvements: making up of existing access points to form footway and provision of lay-by on West Street to the front of the proposed development.

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

9 The premises shall be used only between 0730 hours and 0030 hours the following day on Sundays to Thursdays and only between 0730 hours and 0130 hours the following day on Fridays, Saturdays and Sundays immediately before Public Holidays.

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 permission and impose any conditions has been taken having regard to the relevant policies and proposals from the Sheffield Development Framework and the Unitary Development Plan set out below:

S10 - Conditions on Development in Shopping Areas CS17 - City Centre Quarters

Planning permission has previously been granted, allowing an extension of opening hours from 0730 hours to 0130 hours for Thursdays, Fridays, Saturdays and Sundays preceding a Bank Holiday and 0730 hours to 0030 hours Sundays to Thursdays, for a period of 9 months. This has allowed an assessment of the impact of extended hours on existing residents and the general locality, following the installation of an acoustic lobby. It has been demonstrated that there has been no adverse impact on local residents. A permanent extension of opening hours from 0730 hours to 0130 hours on Fridays, Saturdays and Sundays preceding a Bank Holiday, which is effectively a one hour extension each day, is not excessive and is unlikely to have a significant and detrimental impact on occupiers of surrounding residential properties.

On this basis, the application is considered to accord with Unitary Development Plan Policy S10, Core Strategy Policy CS17, City Centre Living Strategy, Interim Planning Guidance on Night Time Uses and The Devonshire Quarter Action Plan.

This explanation is only intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report at www.sheffield.gov.uk/planningonline or by calling the planning officer, contact details are at the top of this notice.

Attention is drawn to the following directives:

14 1. The applicant is advised that condition No(s) 1-8 were imposed by planning permission No. 04/05107/CHU 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.

15 Site Location

16 INTRODUCTION

Members may recall an earlier application on this site (10/02046/CHU) for an extension of opening hours for the existing bar to between 0730 hours and 0130 hours the following day, on Thursdays, Fridays, Saturdays and Sundays immediately before Bank Holidays. Planning permission was granted conditionally in August 2010, allowing an extension of opening hours for the above-mentioned hours for a period of nine months, expiring 3rd May 2011. Thereafter the hours of opening would revert back to between 0700 hours and 0030 hours the following day, on any day.

LOCATION AND PROPOSAL

The application site lies within a High Amenity Zone of the Central Shopping Area, as defined in the Unitary Development Plan and relates to ground floor premises, known as Players Bar, which occupies part of the ground floor of Rockingham House, a five-storey building, which fronts onto West Street. The building has a linear frontage extending from Rockingham Street through to Westfield Terrace. The Bar occupies the western half of the ground floor of the building, with a means of pedestrian access into the building from both West Street and Westfield Terrace.

Within the building, to the east, immediately adjacent to the premises are Government offices. To the north are commercial premises, including ‘La Mancha’ Tapas Restaurant/Bar, Class A1 retail units, ‘Lava Lounge’ bar, ‘Sahib’ indian restaurant, Tequila Bar and West Street Bar. To the west, on the opposite corner of Westfield Terrace is ‘Nandos’ restaurant with residential flats above (known as City Plaza) and to the rear of the building, to the south, are a mix of commercial uses, including a first floor tailoring business and a café with living accommodation above (no. 11A Westfield Terrace). Further beyond the site, to the south-east is Flockton Court, a residential flat development.

Planning permission is sought to permanently extend the opening times from 0730 hours to 0130 hours the following day, on Fridays, Saturdays and Sundays immediately before a Public Holiday (Application under Section 73 to vary condition 9 of application no. 04/05107/CHU).

RELEVANT PLANNING HISTORY

Listed below is a summary of the relevant planning history.

10/02046/CHU – Application to extend opening times to 0730 hours to 0130 hours the following day on Thursdays, Fridays, Saturdays and Sundays immediately before Public Holidays (Application under Section 73 to vary Condition 9 of application no. 04/05107/CHU) – Granted Conditionally – 03.08.2010.

09/02061/COND – Submission of 09/01403/CHU condition details. Condition no. 7. Sound attenuation works validation test – CADIS – 18.09.2009.

09/01427/COND – Submission of 04/05107/CHU condition details. Condition no. 7. Bin storage (in accordance with email dated 09.007.2009) – CDIS – 20.07.2009.

09/01403/CHU – Application to vary Condition 9 to extend the opening times to 0730 hours to 0130 hours on Thursdays, Fridays, Saturdays and Sundays immediately before Bank Holidays for a temporary period of one year and removal of Condition 11 – requiring 50% linear frontage to be occupied by A1 retail use (Application under Section 73 to vary Conditions 9 and 11 imposed by planning application 04/05107/CHU)(Amended description) – Granted Conditionally – 09.06.2009.

SUMMARY OF REPRESENTATIONS

Six letters of objection (three of which are from the same objector), including one letter from Councillor Creasy and one letter in support have been received, in respect of this application. The objections/issues raised relate to the following:-

- will prolong the amount of time for noise and anti-social behaviour, including urinating, vomiting, fighting and loud singing; - satisfied that building an acoustic lobby has been implemented and reduced noise from music and bass to an acceptable level; - not satisfied that switching queues from Westfield Terrace to the West Street frontage has not been implemented; - complicity of Planning Dept, perpetuates the problems with noisy queues and anti-social behaviour; refers to letters sent; - noisy queues not gone away over the last nine months; situation got worse as growing number of customers; - noisy queues most Fridays and virtually all Saturdays between 10pm and 1am; gets worse after 1am when Police left; - absurd noise levels weeks leading up to Christmas, Freshers week/s, weekends before University breaks, Carnage parties, pay days etc, for no less than 100 days per year; - Planning Dept continue to want evidence from neighbours despite already concluded that there was a noise problem and a solution suggested but has not been implemented; - various dates on when excessive noise levels were experienced (various times also referred to); - example quoted when 40-50 drunk and noisy male customers queued and entered the premises using the side door; - reference to video evidence showing behaviour of customers; - reference to registrar’s letter; - queues should not form on the Westfield Terrace side at any time; - If not willing to make any changes either to the building or to their safety procedures, they should be prevented to have any queues at all rather than allow continuous queuing below the Royal Plaza so neighbours have to use TV and radio to block the noise, keep windows closed or sleep with ear plugs; - Police vans parked outside apartments; - notice not taken that queuing occurs onto a residential area; - queuing directly under bedroom window of City Plaza apartment; - alcohol containers, cigarette butts and vomit evident the following morning;

18 - questions why information was only available to view for 2 days prior to the closing date for neighbours comments; - disputes the applicants view in relation to ‘biased’ questionnaire and no complaints – refers to correspondence involving different departments; - strict management policies have little impact on behaviour of customers; - queuing occurs after 12pm; Fridays are a quieter day than Saturdays; - noise from Players is in excess of noise produced by the combination of all other premises nearby; - If queues continue to form outside the premises, the onus should be on Players to organise them away from Westfield Terrace; and - smokers concentrate in front of the door rather than on the side most of the time; - less unacceptable for neighbours to have a peak of noise at 0030 hours than a prolonged period of almost 2 hours of noisy crowds around 0150 hours considering the 20 minutes or so before patrons disperse; - noise level from premises over and above that of other premises and noise from queues is over and above street noise which neighbours should expect.

Objections received from Councillor Creasy include the following:-

- well documented noise from people entering and leaving the premises; - queue runs along Westfield Terrace, which is a residential street including the east side of Royal Plaza; - when temporary permission given it was on the basis that the queue would be altered along West Street; this has not proved possible due to fire exits and other safety concerns; - noise outbreak has been dealt with; - management cannot control the behaviour of queuing patrons; - Police do not have resources to control what they consider to be ‘normal’ anti-social behaviour; - unacceptable for people to be woken in the early hours by rowdy or encounter vomit and other debris outside their apartment; and - the bar is too close to residential property to be allowed to open this late.

One letter in support, received from Sheffield City Lettings (of 13 Westfield Terrace). Comments include the following:-

- office situated to the rear of the premises; company vehicles parked overnight on Westfield Terrace; - office opening hours differ to the Players and fully support their application; - had concerns re behaviour of drunken customers leaving the premises, throwing take-away wrappers and in extreme cases be vomiting or urinating in the doorway and vandalising vehicles but concerns proved unfounded; and - believe the bar to be one of the better managed licensed premises in the area.

Comments from South Yorkshire Police

19 South Yorkshire Police City Centre Safer Neighbourhoods Team does not object to the application. They recognise the trend for customers of the night-time economy to come into the city later, with premises not getting busy until around 10pm.

The site is in one of the busiest areas of the city until around 3am, and five police vans cover the area over the weekend. One of the static points for such a van involves officers standing directly opposite Players Bar to allow officers a clear view of the whole of West Street, and there is an unobstructed parking spot for the van on Trafalgar Street. Players Bar is popular and well run in their opinion, with the management being very co-operative with the police and regularly attending late bar licensing meetings as well as seizing ID from individuals they believe to be under 18.

Since 1st April 2010 there have been 1280 crimes reported with city centre pubs and clubs. Of the 410 on West Street, 60 have occurred in Players Bar (14.6%).

PLANNING ASSESSMENT

Land Use Policy

The application site lies within the Central Shopping Area, and the City Centre Housing Priority Area, as defined in the Unitary Development Plan. UDP Policy S3 identifies shops (Class A1) as the preferred use but does permit other uses, such as food and drink outlets, which includes Class A4 – drinking establishments. The site already benefits from an extant planning permission (ref no. 04/05107/CHU) for the use of the ground floor of the premises as a retail unit, which includes Class A1, A2 and A3 (as previously referred to but is now categorised as A3, A4 and A5). The use of the ground floor of the premises as a bar has already been established and has been in operation since December 2008. The proposal involves a variance of Condition 9 of the original planning permission, to permanently extend the hours of opening from 0730 to 0130 hours on Fridays, Saturdays and Sundays immediately before a Bank Holiday; thereby there is not material change in the use of the premises, and the proposal is considered acceptable in terms of UDP Policy S3.

The site is also identified as lying within a distinctive Quarter of the City, as defined in the ‘Sheffield Development Framework, Core Strategy’ (Adopted March 2009). In particular, Policy CS17 (f) identifies the ‘Devonshire Quarter’ as a thriving, distinctive and vibrant area with city living, niche shops, restaurants and bars.

It is important to note that there are a number of drinking establishments fronting onto West Street, which have sought to extend their hours of opening and subject to their proximity to residential properties, a variety of opening hours have been approved. However, there is a fairly consistent approach to the hours of opening allowed, such that many establishments have been allowed to open later on specific days, ie Thursdays, Fridays, Saturdays and Bank Holidays. Given the location of the premises and having regard to the Policy situation and the fact that there are existing premises which have been granted an extension of opening hours, it is considered that it will be difficult to resist an extension of opening hours for the specified days, as it is likely to be acceptable in principle in accordance with

20 the Interim Planning Guidance and the Devonshire Quarter Action Plan. However, this will only be the case, where it is considered that the amenities of adjoining residents will not be compromised.

Effect on Residential Amenity

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

As the site is located within the City Centre and relates to a late night use, it is likely to affect the living conditions of residents within the area, and as such the adopted City Centre Living Strategy (CCLS), which was adopted in 2004 will be relevant in this instance.

The CCLS specifically refers, in Guideline 10, to residential amenity of residents in relation to extension of hours to A3 (now A3, A4 and A5) hours and states that for new developments involving pubs, bars and restaurants it is appropriate to set closing times to prevent undue disturbance. There is a restriction of opening hours until 0030 hours for establishments, which lie within the Devonshire Quarter. However, the CCLS pre-dates the change in licensing laws and therefore, subsequent to that document, an Interim Planning Guidance on Night Time Uses (IPG) was adopted by the Council in 2005. The document recognises that cafes, pubs, bars and restaurants can enliven town centres and support the evening economy but can also have an impact on the centre in terms of anti-social activities and causing a nuisance to nearby residents. It is for this reason that two areas have been identified where time limits of no later than 0030 hours have been imposed, which include the Heart of the City/Cathedral and the Broomspring Area of the Devonshire Quarter. The site does not fall within these areas and as such, guidance contained within the Devonshire Quarter Action Plan (Adopted 2001) will be relevant and is a material consideration when considering this planning application. The Devonshire Quarter Action Plan suggests that some extension of hours may be permitted with suitable sound attenuation but does also recognise the activities associated with these types of uses, which involve increased noise generation and nuisance to the area into the early hours of the morning.

The City Centre Living Strategy and subsequent document, The Interim Planning Guidance acknowledges that the people living in the city centre cannot expect to experience the same levels of quiet as the more suburban parts of the City. However, the impact of this type of use on the amenity of residents is a material consideration when determining the application. This is reinforced by the IPG, which states that the amenity of present and future residents should be protected from undue noise and disturbance after a reasonable time of night.

This application is consistent with other permissions in the locality such as La Mancha tapas restaurant/bar at 136 West Street, where permission was granted in September 2007 for extension of opening times until 0230 on Thursdays, Fridays, Saturdays and Bank Holiday Sundays and the bar at 52-54 West Street also

21 granted in March 2007 for the same hours. The Lava Lounge also benefits from extended hours of opening until 0200 hours on any day. It should also be acknowledged that there are a number of longer established bar premises on West Street which open until late and do not have planning restrictions relating to hours of opening, although they are subject to Licensing regulations.

Noise Outbreak

West Street experiences a high level of background noise levels, owing to the fact that it is on a prime arterial route into the city, where there is regular public transport including the Supertram as well as general traffic. Owing to the mix of uses along the Street, there is considerable activity both during the day and in the evening, where there are a number of restaurants and drinking establishments operating in the locality. Planning permission was granted to allow the premises to operate with an extended hours of opening until 0130 hours over the weekend, for a period of nine months. This has allowed the Council to monitor the noise levels following the construction of an acoustic lobby to the West Street frontage. The Environmental Protection Service are satisfied that the acoustic lobby has prevented noise outbreak resulting from music being played from within the building.

Within the immediate locality, to the south and south-east and west are residential properties, which are predominantly flats developments, namely City Plaza and Flockton Court as well as the occasional flat above premises. Complaints have been received from a resident of Royal Plaza in respect of the noise and anti-social behaviour from customers queuing outside the premises. Following discussions with the management of the premises, it was recommended that evidence be submitted with the planning application, which supported their claim that there was no noise or queuing outside the Bar during the extended opening time. Photographic evidence has been submitted by the applicant, showing typical levels of activity outside the premises between the hours of 0030 hours and 0130 hours. It demonstrates that there is very little activity in the street outside the bar and neither is there any queuing during this time period. It is considered that an additional hour of operation between 0030 hours and 0130 hours for two nights a week is unlikely to cause additional noise in the street, and as such, residents of City Plaza will not be further adversely affected, particularly bearing in mind the general level of activity already evident on West Street at this time.

A temporary consent allowed the bar to open for an additional hour during the latter part of the week, for a period of one year, which expired June 2010. A temporary consent was subsequently granted in August 2010 (ref no. 10/02046/CHU). The premises continued to operate during the extended hours during a two month period in which the operators had no planning consent. During this time, it is noted that a resident of Royal Plaza was of the opinion that the general noise on the street had improved and concluded that this was due to Players Bar not opening. However, this is evidently not the reason since the bar continued to operate.

Queuing of Customers

22 Concern has also been raised in respect of the queuing of customers outside the premises. Currently, the queue extends from the entrance in a westerly direction, towards the City Plaza building. The designated smoking area is located to the east. The applicant has advised that the majority of customers approach the bar from the west, coming down West Street and then exit the building and head east towards the City Centre. Although the ideal solution would be to re-position the queue away from the residents of City Plaza, in an easterly direction, to avoid any conflict and undue chaos, the smoking area would also need to be re-positioned to the west, nearer to the City Plaza.

Furthermore, the redirection of the queue presents other problems, in particular, in relation to health and safety. The applicant has advised, that having tried this alternative strategy, they encountered problems of congestion on the pavement owing to conflict between those queuing and pedestrians walking towards the City Centre. This is due to the fact that the pavement depth reduces from approximately 7 metres down to 3 metres. Queuing along this side of the frontage also causes an obstruction to one of the emergency exits to the building. This is clearly not an acceptable solution to the problem and therefore it is considered that the queue should remain in a westerly direction, as in situ, although queuing is not strictly a planning matter.

The premises have experienced excessive queuing and consequently more noise has been generated, during special events, such as Freshers Week, Carnage, and Halloween. Such events, which occur every year, do not affect only these premises but affect many other drinking establishments in the City. It is acknowledged that additional noise and disturbance does occur during these events but given their infrequency and the fact that they do not represent the norm, it is not considered that this should have a bearing on the outcome of this application.

Smoking Area

The applicant has advised that having viewed CCTV footage, it demonstrates that the smoking area is generally occupied until approximately 15 minutes prior to the closure of the bar. The submitted photos show that this is a busy area, once the queuing has ceased. If the smoking area was to be relocated to the western half of the frontage, adjacent to the City Plaza building, this is more likely to impact on the residential amenities of existing residents than the existing arrangements. This is not desirable and it is therefore considered that the smoking area would be better placed further away from residents of City Plaza, as existing.

RESPONSE TO REPRESENTATIONS

Police Presence – In respect of a need for a police presence, the applicant has advised that this is not the case. The police have patrol points along West Street, of which this is one, to the north side of West Street. Prior to this being a designated patrol point the police asked the applicant if they objected to this. The applicant is confident that the venue is well managed and does not consider that the position of the patrol point is necessary because of the Police concerns regarding the Players Bar, rather it is a strategic position from where they can

23 observe a number of premises and the general activities on West Street. The representation received from South Yorkshire Police concurs with this view.

Anti-social Behaviour – This is an operational management issue, and is a matter which would be dealt with by the Police Authority. It is understood that the operators of the premises have a strict management strategy and will not tolerate any anti-social behaviour in front of their premises.

An example has been quoted where a group of 40-50 drunk and noisy male customers queued and entered the premises using the side door. The applicant has confirmed that this was the case, and should not have occurred, but at the time it was considered the most appropriate action to take, to ensure a quick entry into the building, to avoid potential noise and disturbance in the street. Such actions will not occur in future.

There has been no breach of planning permission, thus no enforcement action has been taken. Any complaints relating to noise have been directed to the Environmental Protection Service and Licensing Service for them to investigate and ensure the terms of the Premises Licence have been adhered to.

With regards to the availability to view the application only two days before the closing date for neighbour responses, unfortunately this was due to a scanning error, which has since been rectified. It is for this reason that the application has been delayed until this later Committee meeting, to allow the opportunity for further representations to be made. Furthermore, no telephone calls have been received from members of the public questioning why no information was available to view.

Smoking issues are not a planning consideration but are dealt with under separate legislation.

SUMMARY AND RECOMMENDATION

The principle has already been established in respect of the use of the premises as a drinking establishment (Class A4), by virtue of an existing planning permission (04/05107/CHU).

An extant planning permission exists, which allowed an extension of opening hours from 0730 hours to 0130 hours for Thursdays, Fridays, Saturdays and Sundays preceding a Bank Holiday for a period of nine months. This has allowed an assessment of the impact of extended hours on existing residents and the general locality, following the provision of an acoustic lobby being provided at the front of the premises. Complaints relating to noise outbreak from within the building have been addressed.

The operators of the venue have provided evidence to support their application, which demonstrates that there is little or no queuing outside the premises during the hours of 0030 to 0130. It is considered that an additional hour of operation between 0030 hours and 0130 hours for two nights a week is unlikely to generate increased levels of noise and disturbance in the street, and as such, residents of City Plaza will not be adversely affected beyond what they already experience on

24 weekend nights. This is borne out by the South Yorkshire Police representation which states that this area of the city centre is busy until 3am on weekend nights.

The operators of the premises have sought to try to resolve issues relating to queuing outside the building. Although there is currently no alterative solution but to continue with the existing queuing arrangements, this is considered to be the most effective and safe option. The operators are confident in their approach to the management of the premises and will continue to apply a strict management strategy.

For the reasons above, it is considered that a permanent extension of opening hours on Fridays, Saturdays and Sundays preceding Public Holidays will not have an unduly detrimental impact such that residents will be adversely affected, bearing in mind the general characteristics of the location and the presence of numerous other licensed premises in the vicinity. Street noise on West Street is already very high on Fridays and Saturdays and is certainly not all attributable to Players Bar. On this basis, the application is considered to accord with Policy S10.

The application to vary condition 9 of planning permission 04/05107/CHU, to permanently extend the opening hours is therefore recommended for approval.

Case Number 11/00696/RG3

Application Type Application Submitted by the Council

Proposal Creation of new public bridleway with supporting bridges and associated earthworks (amended description and supporting information received 16.03.11)

Location Land At South Side Of Road Between Train Tracks And River Rother Station Road Halfway Sheffield

Date Received 25/02/2011

Team CITY CENTRE AND EAST

Applicant/Agent Sheffield City Council

Recommendation Grant Conditionally

Subject to:

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

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

2 The development must be carried out in complete accordance with the following approved documents;

General Arrangement Plan Ref: HD/BN559/P1G (dated 16 March 2011). Elevation of Bridges Ref: HD/BN559/P14 (dated 16 March 2011).

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

3 Unless otherwise agreed in writing by the Local Planning Authority the recommendations within the submitted Biodiversity Statement dated 25 February 2011 shall be carried out at all relevant stages of the development.

In order to ensure that no harmful effects are caused to the interests of nature conservation in the locality as a result of the proposed development, in accordance with Policy GE11 of the Sheffield Unitary Development Plan

26 and National Planning Guidance as set out in Planning Policy Guidance Note 9 (Nature Conservation).

4 Before development commences full details of replacement tree planting shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with these details thereafter.

In the interests of the amenities of the locality.

5 Before development commences full details of finishes to any railings, walls and bridges shall have been submitted to and approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

6 The development shall be carried out in accordance with the following measures set out within the submitted Flood Risk Statement:

1. The soffit of the bridleway bridge over the River Rother shall be set no lower than 42.60 metres above Ordnance Datum.

2. The bridleway bridge over the River Rother shall be set a minimum width of 32.8 metres, with a clear span over the river.

In order to reduce the impact of flooding.

Attention is drawn to the following justifications:

BE10 - Design of Streets, Pedestrian Routes, Cycleways & Public Spaces GE1 - Development in the Green Belt GE4 - Development and the Green Belt Environment GE10 - Green Network GE11 - Nature Conservation and Development GE13 - Areas of Natural History Interest and Local Nature Sites GE15 - Trees and Woodland LR4 - Open Space CS73 - The Strategic Green Network CS74 - Design Principles PPG13: Transport

By offering a safe alternative route for pedestrians, cyclists and horse riders and reducing congestion the proposal is considered to present a special case for allowing development in the greenbelt. The embankment and bridges will reach a similar height to the highway beyond and are in keeping with the scale of this backdrop.

The section of the site in the defined open space area would still provide this function and would be more accessible to the general public. It is also considered that the proposals will enhance the recreation value of the existing green network.

The scheme will introduce measures to increase biodiversity in the area. A Tree Survey has been submitted with the application identifying several groups of trees that will be removed in order to accommodate the scheme. The report considers the majority of these trees to be of a poor quality and considers that with suitable replacement planting this loss will be mitigated.

This scheme will vastly improve inclusive access for a variety of groups including wheelchair users, cyclist and horse riders. As a consequence congestion on the adjacent highway will also be eased. The proposed development will also aid in the promotion of car free modes of travel, which includes allowing a safer route for residents to reach the local Supertram Stop

The scheme would not result in an increased risk of flooding in the area.

Attention is drawn to the following directives:

1. The applicant is advised that any revisions to the design of the bridges will require a further application. The exact nature of the application will depend on the extent of these alterations.

28 Site Location

LOCATION AND PROPOSAL

The applicant proposes to create a new bridleway, which would involve the construction of two new bridges and an embankment. The two bridges would go over a railway line and the River Rother respectively.

The scheme is partly within Sheffield and partly within Derbyshire, with the boundary line sitting in the centre of the River Rother. The wider site measures approximately 225 metres in length, of which 150 metres is within the Sheffield boundary. The new embankment width will range between 12 and 25 metres, with its sides being at a gradient of 1:2. It is estimated that 250 pedestrians and 100 cyclists will use the route on a typical day.

The development will be used as part of the proposed multi-user route between Halfway and Killamarsh and is also to form an element of the National Cycle Network. The main aim of the scheme is to allow an alternative route for pedestrians, cyclists and horse riders away from the hostile environment created by this section of Station Road, which has a very narrow highway and footways.

The site is located between Station Road in Sheffield and Forge Lane in Killamarsh. The project site lies parallel and immediately south of Station Road and is set much lower than this adjacent highway. The site is also bounded by the River Rother to the east and the old Holbrook Colliery site to the west. The land between the river and railway line is a flat open field, whilst the bank leading down to the river is lightly wooded.

The first 45-metres of the western section of the site are located within an Open Space Area and the remainder of the site is located within the Greenbelt as defined by the Sheffield Unitary Development Plan (UDP). The site is also located within the Strategic Green Network and a small section to the east of the site is also located in an Area of Natural History Interest. The entire site is located within Flood Zone 3.

SUMMARY OF REPRESENTATIONS

30 Network Rail

Network Rail has no objection in principle to the development subject to conditions.

Peak & Northern Footpaths Society

We consider that there is an urgent need for a safe off-road route for non- motorised traffic to avoid the narrow and unsuitable Station Road. This will link communities in Killamarsh and Halfway and also enable people to access the Supertram stop at Halfway. It will also encourage greener forms of travel for leisure and business purposes.

Cyclists Touring Club (CTC)

The CTC fully support the application which will provide an alternative for cyclists, pedestrians and horse riders to the busy and dangerous narrow bridges on the adjacent highway.

Other Representations

A further representation has been received from a resident in Sheffield stating strong support for the proposals.

PLANNING ASSESSMENT

This assessment will focus on the Sheffield section of the proposed new route and a sister application is being made to North East Derbyshire District Council for the remainder of the works.

Background & Community Consultation

This section of Station Road/Sheffield Road (B6058) is heavily trafficked by all vehicle types, including a high proportion of heavy goods vehicles, which service the surrounding industry. At present narrow footways make for a dangerous environment for pedestrians and are extremely difficult to use for people with mobility or visibility problems and people with pushchairs. The narrow carriageway also makes it very difficult for vehicles to pass cyclists and horse riders, which lead to obvious issues, including conflict and congestion.

Longstanding requests have been made by residents and local councillors in both Sheffield and Derbyshire Councils to address these safety concerns and the Killamarsh Community Partnership produced the Killamarsh Health Check and Action Plan, which in part aimed at improving connections to external areas through projects such as this. However, owing to funding difficulties the problems have persisted until recent opportunity has allowed part funding through a Big Lottery project.

Community support for this project has been demonstrated at various community events including within public consultation on the Killamarsh Action Plan (2006), in

31 which improved access to the Supertram Terminal received the most public votes (this scheme will vastly improve this connection).

Greenbelt/Open Space

Policy GE1: Development in the Green Belt within the UDP states that development in the greenbelt will only be permitted in very special circumstances.

Policy GE4: Development and the Green Belt Environment within the UDP states that the scale and character of any development permitted within the greenbelt should be in keeping with the area and, wherever possible, conserve and enhance the landscape and natural environment.

Policy LR4: Open Space within the UDP states that as opportunities arise open space will be improved.

It is considered that given the current problems that are experienced by all users of the adjoining highway and the resolutions this scheme offers, such as providing a safe alternative route for pedestrians, cyclists and horse riders and reducing congestion, the proposal is considered to represent the very special circumstances identified within Policy GE1.

It is considered that the principle of an embankment and river/railway bridge is not out of context in a greenbelt environment, which is further emphasised by the embankment and road bridge that are already evident in this location. The embankment and bridges will reach a similar height to the highway beyond (Station Road) and in this sense they are viewed as being in keeping with the scale of their backdrop.

The section of the site in the defined open space area would still provide this function and would be more accessible to the general public, which is welcomed in principle.

The scheme is considered to meet the criteria set out in the above greenbelt and open space policies.

Ecology/Green Network

Policy GE10: Green Network within the UDP states that the network of green corridors and green links will be enhanced by encouraging development which increases their value for wildlife and recreation.

Policy GE11: Nature Conservation and Development within the UDP states that the natural environment should be protected and enhanced. GE11 goes onto state that the design, siting and landscaping of development should respect and promote nature conservation and include measures to reduce any potentially harmful effects of development on natural features of value.

32 Policy GE13: Areas of Natural History Interest and Local Nature Sites within the UDP states that development which would damage areas of natural history interest will normally not be permitted.

Policy GE15: Trees and Woodland within the UDP states that the protection of trees and woodland will be encouraged.

Policy CS73: The Strategic Green Network within the Sheffield Development Framework Core Strategy (CS) states that the network will be maintained and where possible enhanced.

It is considered that the proposals will enhance the existing green network in terms of increasing its value for recreation activity.

This application has been accompanied by a Biodiversity Statement which has been prepared by Sheffield City Council’s Ecology Department. This statement has looked into the presence of a variety of protected species in and around the development site, which is not significant, and proposes various measures to be implemented to ensure the works are carried out as sensitively as possible. The report also proposes measures that will increase biodiversity in the area such as new tree planting.

A Tree Survey has been submitted with the application identifying several groups of trees that will be removed in order to accommodate the scheme. The report considers the majority of these trees to be of a poor quality and considers that with suitable replacement planting this loss will be mitigated.

Given the above the proposal is considered to comply with the above ecology and green network policies.

Design

Policy CS74: Design Principles within the CS states that high quality design will be expected, which would respect, take advantage of and enhance the distinctive features of the city, its districts and neighbourhoods.

The proposed bridges are relatively standard and reflect the budgetary restrictions that the scheme has to work within. Final details of facing materials for the embankment details and finishes for the bridges will be the subject of a condition to ensure the quality is acceptable.

Overall the scheme gives rise to no highway objections.

Access

Policy BE10: Design of Streets, Pedestrian Routes, Cycleways and Public Spaces within the UDP states that the design of such spaces should make them convenient and safe for all users.

33 Currently inclusive access is not achieved in this location owing to the narrow footways and carriageway, which creates significant problems for a variety of users including wheelchair users, people with prams and people with visibility issues. This scheme will vastly improve this situation to the benefit of all, allowing a safe comfortable alternative route.

Appropriate gradients are achieved and the width of the bridleway is viewed as appropriate.

The scheme is regarded as being acceptable from an access viewpoint.

Flooding

The site is located within Flood Zone 3 and as a result the Environment Agency (EA) has been consulted throughout the design development. The submitted Flood Risk Assessment identities that the scheme would not result in an increased risk of flooding in the area as the development would only result in a negligible loss of flood storage

The EA have raised no objections to this scheme subject to appropriate conditions being attached.

Highways

Planning Policy Guidance Note 13: Transport encourages less reliability on the private car and greater infrastructure to promote walking and cycling.

It is considered that the proposed development will aid in the promotion of car free modes of travel, which includes allowing a safer route for residents to reach the local Supertram Stop.

The scheme will also ease congestion on Station Road by removing cyclists and horse riders from this stretch of highway.

The proposals are viewed as acceptable from a highways perspective.

SUMMARY AND RECOMMENDATION

The scheme will introduce measures to increase biodiversity in the area.

34 A Tree Survey has been submitted with the application identifying several groups of trees that will be removed in order to accommodate the scheme. The report considers the majority of these trees to be of a poor quality and considers that with suitable replacement planting this loss will be mitigated.

The scheme would not result in an increased risk of flooding in the area.

In light of the above the proposed development is recommended for conditional approval.

Case Number 11/00596/FUL

Application Type A Full Planning Application

Proposal Erection of four dwellinghouses

Location Curtilage Of 36 High Street Beighton Sheffield S20 1EA

Date Received 23/02/2011

Team CITY CENTRE AND EAST

Applicant/Agent Andromeda Architecture Ltd

Recommendation Grant Conditionally

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

3 The boundary wall to High Street shall be faced in stone to match existing. Details of its design and appearance along with the design of the entrance gates shall be submitted to and approved in writing by the Local Planning Authority before construction of these elements commences. Thereafter the scheme shall be implemented in accordance with the approved details.

In the interests of the visual amenities of the locality.

4 Details of the design and facing material of the retaining structures either side of the new access shall be submitted to and approved by the Local Planning Authority before construction of these elements commences. Thereafter the scheme shall be implemented in accordance with the approved details.

In the interests of the visual amenities of the locality.

5 The buildings shall not be used unless turning space for vehicles has been provided within the site in accordance with details shown on the submitted plans and thereafter such turning space shall be retained.

In the interests of the safety of road users.

6 The buildings shall not be used unless the sight line, as indicated on the approved plans, has been provided. When such sight line has been provided, thereafter the sight line shall be retained and no obstruction to the sight line shall be allowed within the sight line above a height of 1 metre.

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

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

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

8 Where access driveways give both vehicular and pedestrian access to a dwelling, the driveway shall be at least 3.2 metres in width.

In the interests of the safety of road users.

9 The buildings 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 buildings commencing, and shall thereafter be retained.

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

10 The dwellings shall not be occupied unless the car parking accommodation allocated to that property as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

11 The access 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.

12 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

37 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.

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

In the interests of the amenities of the locality.

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

In the interests of the amenities of the locality.

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

In the interests of the amenities of the locality.

16 Before the development is commenced, full details of all the proposed boundary treatments, including the retention and repair of the boundary wall on the southern elevation of the site and the provision of new boundary treatments to those boundaries of the site that do not currently have a defined boundary treatment, shall have been submitted to and approved in writing by the Local Planning Authority. The approved boundary treatments shall be implemented before the first occupation of the proposed dwellinghouses.

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

17 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008, or any Order revoking or re-enacting that Order, no enlargement, improvement or other alteration of the dwellinghouses which would otherwise be permitted by Class A to Part 1 of Schedule 2 to the Town & Country Planning (General Permitted Development) Order 1995 shall be carried out without prior planning permission.

In the interests of the amenities of occupiers of adjoining property and occupiers of the proposed dwellings.

18 The building shall not be occupied unless the parking areas of the site are constructed of permeable/porous surfacing unless otherwise agreed in writing by the Local Planning Authority. Thereafter the approved permeable/porous surfacing material shall be retained.

In order to control surface water run off from the site and mitigate against the risk of flooding.

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

To ensure satisfactory drainage arrangements.

20 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.

21 No buildings/structures shall be erected within 6 metres of the public sewer.

To ensure satisfactory drainage arrangements.

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

To ensure satisfactory drainage arrangements.

23 No upper-floor windows except landing and bathroom windows shall be introduced into the south elevations of the houses nearest to the southern boundary of the site. Should any such windows be introduced they shall be obscure glazed and non opening unless the parts of the window which can

39 be opened are more than 1.7m above the floor level of the room in which the window is installed.

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

24 The development must be carried out in complete accordance with the following approved documents;

03/1010/SITE2, SITE1G, SK1G.1, SK1G.2A, SK1G.3, SK1G.4, SK1G.5, SK1G.6A, SK1G.7A, SK1G.8A, SK1G.9B, SK1G.10B, SK1G.12B, SK1G.13B, SK1G.14B, SK1G.15B, SK1G.16A

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas CS24 - Maximising the Use of Previously Developed Land for New Housing

The construction of housing on this site is not contrary to policy and the principle has already been established by previous permissions. The scheme will not have a harmful impact on the character of the area and will not have a significant impact on the amenities of adjoining residents. The layout, design, access and parking arrangements are considered to be satisfactory.

40 Site Location

LOCATION AND PROPOSAL

The application site comprises of a single dwellinghouse and its rear garden. The existing house is to be retained and it is proposed to build two semis and two detached houses in the rear garden. The existing dwelling is a stone fronted cottage of a traditional design that is set back approximately 8m from High Street. The site slopes up from the road with a stone retaining wall to the back edge of footpath. The house is elevated approximately 1.5m above road level. The rear garden is approximately 70m long and 17m wide. It is overgrown and is occupied by some dilapidated outbuildings. There are some trees of mixed quality along the northern boundary of the site.

The rear garden is surrounded by residential properties. Most of the rear garden adjoins the gardens of modern houses built in the 1970/80s.

Three of the new houses are three bedroom units and one is a four bedroom unit all have accommodation in the roof. They are to be faced in natural stone with artificial stone lintels and cills. The roof designs are pitched and incorporate dormer windows, they will be faced in slate or artificial slate. The two detached properties have integral garages and have been allocated two parking spaces each. The semi-detached houses have one parking space each and the existing house has been allocated a 9m deep rear garden and provided with two parking spaces. One visitor parking space is proposed adjacent to a turning head between the new houses. A new vehicular access is to be created along the centre of the site frontage, it will be cut into the existing ground level to provide a shallower gradient with the land to the side being retained by stone walls and stone filled gabions.

RELEVANT PLANNING HISTORY

Outline planning permission was granted in July 2008 for 4 dwelling houses with design, landscaping and external appearance reserved for future approval,

42 planning permission 08/02148/OUT. The dwellings were sited in similar positions to those proposed in the current scheme.

Outline planning permission was also granted for a two storey rear extension to the existing house for bed and breakfast accommodation and also 4 dwellings in November 2002, planning permission 02/01365/OUT.

SUMMARY OF REPRESENTATIONS

Six letters of representation objecting to the proposal have been received from neighbours. The grounds of objection are; - The erection of 4 modern houses on the site frontage will detract from the character of this part of Beighton. - Concern about the traffic and pedestrian safety impact of the additional traffic, an additional vehicular access to High Street, and the proximity of the access to the vehicular entrance to No 42. - Access is needed in order to maintain a boundary wall. - Boundary wall between the site and number 42 should be maintained at its current height and the stability of the land should be protected. - Excavation for the drive should be carried out in such a way that it avoids damaging the roots of a prominent street tree in the curtilage of number 42. - A 6ft screen fence should be erected on the boundary with number 42. - Use of the drive will result in loss of privacy to No 42, existing trees and bushes along this boundary should be retained. - No 42 will be affected by traffic noise from the drive that runs along the boundary. - Impact of noise and dust during construction on a resident who is particularly sensitive to these issues. Impact on pedestrian safety during construction. - The gable end of the new houses will affect outlook, appear intrusive, affect privacy and result in loss of sunlight to the gardens of Beeches Grove properties. It will also have a negative impact on the value of the properties.

PLANNING ASSESSMENT

Policy

The application site lies in a residential area and therefore the erection of dwellings is acceptable in principle, policy H10. The previous outline permissions have also established that the site is suitable for housing.

In June 2010 the government amended Planning Policy Statement 3 by excluding residential gardens from the definition of Brownfield land. This does not preclude the development of gardens for housing it simply reclassifies them as Greenfield land.

Core Strategy Policy CS24 states that priority will be given to development of previously developed sites for housing and no more than 12% of dwelling completions will be on Greenfield sites in the period between 2004/5 and 2025/26. The policy says that in the period to 2025/26 housing on Greenfield sites will only

43 be developed where it meets any of the four criteria listed in the policy. One of these is that the development should be on a small site within the existing urban area and where it can be justified on sustainability grounds. Small site is defined as fewer than 15 units.

Monitoring of dwelling completions indicates that less than 6% of dwellings have been developed on Greenfield land between 2004/5 and 2009/10. Therefore granting permission will not prejudice the brownfield/Greenfield housing targets. The application site is clearly within the urban area and is not of any known special ecological value. It is sustainably located as it close to the local shopping centre, other services, and schools and well served by public transport. It is therefore concluded that development of this site for housing meets CS24.

Amenity Impact

Unitary Development Plan policy H14 states that sites should not be overdeveloped or deprive residents of light, privacy or security.

The proposed new dwellings are sited sufficient distances away from the existing house on the site and each other that the privacy of residents will be protected and the new dwellings will not appear too dominant. They all have adequate private amenity space although the garden of one of the semis is on the small side at 36 sqm.

The application site is approximately 1 to 1.5m lower than the gardens of the adjoining houses to the south on Beeches Grove. There are no windows in the elevations facing towards Beeches Grove and therefore overlooking is not an issue. The new houses are located to the north of the existing houses and therefore there should be no significant loss of sunlight or overshadowing. Given the levels and degree of separation the gable elevations will not appear excessively overbearing from the existing houses to the south.

The site is slightly higher than the existing Marcham Drive properties to the north and east. As originally proposed the northern most detached house would have had an overbearing impact and overlooked No 24 Marcham Drive. However the design has now been amended to address this problem by removing the first floor accommodation over the garage.

Initially the southern most detached house was too close to the boundary with No 31/33 Tinker Avenue and would have overlooked the garden and rear of the house. It has now been moved further from the boundary and it is considered that the privacy of the existing dwellings is now adequately protected. The new house will now be set back 10m from the rear garden boundary of No 31.

The property at No 42 High Street is located approximately 7m from the site boundary. It is also positioned at a considerable lower level with a large embankment adjacent to boundary. Provided appropriate screen fencing is erected adjacent to the boundary there should be no significant privacy issues. Given that the part of No 42s garden adjoining the access road is a steep

44 embankment and drive it is considered the new drive providing access for 4 dwellings should not have an excessive amenity impact.

Given the location of the parking and the relationship with adjoining properties vehicle movements should not have a significant impact on residential amenity.

There will obviously be some noise and disturbance to adjoining residents during construction but this temporary disruption is not sufficient to justify resisting this proposal. The Environmental Protection Service has powers to control construction site working hours if necessary.

Design

Unitary Development Plan policy H14 states that new development should be well designed and in scale and character with existing buildings. It must not result in serious loss of garden space that would harm the character of the neighbourhood.

The site frontage including the existing dwelling lies within an Area of Special character. The rear garden and the proposed new dwellings are outside of this area.

The rear garden is largely surrounded by modern houses which are of a similar scale and have similar plots to the proposed new houses. The new houses will not be visible from High Street, which has more of a traditional village character. In this context the new houses will not have a harmful impact on the character or appearance of the area.

The houses have been designed with high quality facing materials and incorporate some features which are typical of the older buildings in the village, such as the lintels, cills and roof copings. The dormer windows, steeper roof pitches and side garages are however more typical of a suburban estate. However as the new houses will not be prominent in the street scene and will be viewed more in the context of the adjoining suburban housing it is considered that proposed designs are satisfactory. It is concluded that they will not have a harmful impact on the visual amenity or character of the area.

The trees within the site along the northern boundary are not high value amenity trees. However a condition is proposed requiring measures to be taken to protect them where feasible.

Access Issues.

The access arrangements and parking provision are very similar to those agreed as part the outline permission granted in July 2008 for 4 dwellings. The provision of a new centralised access with improved sight lines and a reduced gradient will allow for safe access to the highway and is adequate to serve the traffic generated by this small development. The parking provision is a little tight with only one space to serve each of the three bedroom semis. The parking guidelines say that a maximum of 2 spaces should be provided for 3 bedroom units. Therefore this proposal falls within the guidelines and is consistent with the parking arrangements

45 agreed on the outline application. The site is also reasonably served by public transport.

RESPONSE TO REPRESENTATIONS

Maintenance of party walls is not a planning matter. All other matters are covered in the main body of the report.

SUMMARY AND RECOMMENDATION

Case Number 11/00588/CHU

Application Type Planning Application for Change of Use

Proposal Application to extend opening hours of hot food takeaway to 0230 hours the following day Sundays to Wednesdays and public holidays and 0300 hours the following day Thursdays to Saturdays and any Sunday preceding a Bank Holiday for a period of 6 months (Application under Section 73 to vary condition No. 3 (opening hours) of planning permission 09/00343/CHU)

Location 26 - 30 Division Street Sheffield S1 4GF

Date Received 18/02/2011

Team CITY CENTRE AND EAST

Applicant/Agent Mr A Shah

Recommendation Grant Conditionally

Subject to:

1 The development must be begun not later than the expiration of three years from 31st March 2009.

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

2 Before development commences details shall be submitted to and approved by the Local Planning Authority of the entrance door to the hot food takeaway shop. The shop shall not be used unless such approved details are implemented

In the interests of the visual amenities of the locality.

3 The hot food takeaway shall be used for the above mentioned purpose only between 0900 hours and 0100 hours the following day, Sunday to Wednesday and Public Holidays, and 0900 hours and 0200 hours the following day, Thursday to Saturday and Sundays preceding Public Holidays, except for 6 months from the date of this approval when it shall be open between 0900 hours and 0230 hours the following day, Sunday to Wednesday and Public Holidays and 0900 hours to 0300 hours the following day, Thursday to Saturday and Sundays preceding Public Holidays.

47 To define the period of approval in the interests of the amenities of local residents.

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

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Area S10 - Conditions on Development in Shopping Areas BE16 - Development in Conservation Areas CS17 - City Centre Quarters Devonshire Quarter Action Plan (2001) City Centre Living Strategy (2004) Interim Planning Guidance on Night time Uses (2005)

The key issue in the assessment of this application is the impact of the use on the amenity of nearby residents. Whilst it is accepted that there is some scope for disamenity arising from the proposed extension of hours, the Council has not received any complaints about noise during any recent period.

Similar temporary periods of use have been granted at this premise in January 2010 (6 month trial) and August 2010 (6 month trial). The 6 month period from January 2010 passed without complaints but the premises was closed for large periods of the later 6 month trial. Therefore assessment of the impact of the premises during an overall 12 month period (to include all seasons) was not possible.

It is concluded that the proposed extension of hours is considered acceptable for a further trial period of 6 months to allow the Council to finally assess the impact of the extended period of opening, in accordance with relevant planning policies, proposals and guidance. In this instance, greater weight has been given to achieving an appropriate balance between residential amenity whilst also ensuring the vitality and viability of the City Centre and bearing in mind that no noise complaints in relation to the current hours of operation have been received in any recent period.

Attention is drawn to the following directives:

1. The developer's attention is drawn to:

(i) Sections 4 and 7 of the Chronically Sick and Disabled Persons Act 1970, as amended; and

(ii) the code of Practice for Access of the Disabled to Buildings (British Standards Institution code of practice BS 8300) or any prescribed document replacing that code.

Section 4 sets requirements for access to, and facilities at, premises. Section 7 requires a notice or sign to be displayed, indicating that provision is made for the disabled.

If you require any further information please contact Brian Messider or Simon Ovendon on Sheffield 2734197.

2. The applicant is advised that condition No(s) 1, 2 and 4 were imposed by planning permission No. 09/00343/CHU 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.

49 Site Location

50 LOCATION AND PROPOSAL

This application relates to an existing hot food takeaway shop (Use Class A5) that is currently trading as the ‘Chicken Stop’ and operates at 26 – 30 Division Street. The takeaway is located at the junction of Division Street and Carver Street. As a corner site, the shop has shop windows facing onto both highways and the entrance fronts onto Carver Street.

Members are advised that the shop was formerly named ‘Food Express’ and was rebranded to ‘Chicken Stop’ in Winter 2010.

The application site’s surroundings comprise a variety of existing planning uses that are common place in the City Centre. These include retail shops, hairdressers, beauty salons and bars. On the south side of Division Street there is also the Cambridge Court residential complex which contains 31no. flats at first, second and third floor level.

This application seeks planning permission to extend the shop’s hours of opening to 11:00 to 02:30 hours Sunday to Wednesday and Public Holidays, and 11:00 to 03:00 hours Thursday to Saturday and Sundays preceding Public Holidays.

The shop is presently consented to operate between 09:00 hours and 01:00 hours Sunday to Wednesday and Public Holidays, and 09:00 hours and 02:00 hours Thursday to Saturday and Sundays preceding Public Holidays. Previous temporary extensions to the takeaway’s hours of opening have now expired, as explained below.

RELEVANT PLANNING HISTORY

In October 2009, a planning application (ref. 09/03347/FUL) proposed to make alterations to the ground floor of the former San Remo restaurant in conjunction with the hot food takeaway use at 30 Division Street. This included the installation of seating for customers to eat in and alterations to the shop frontage on Carver Street in order to create a new entrance. It was also proposed to change the hours of use to concur with that of the Food Express takeaway (Sunday to Wednesday until 01:00 hours, and Thursday to Saturday and Sundays preceding a Bank Holiday until 02:00 hours). This application was withdrawn in November 2009.

In November 2009 an application was re-submitted (ref. 09/03526/FUL). The details of the application were as per the October 2009 submission but with longer opening hours until 03:00 hours on any day. The applicant originally proposed to open until 03:30 hours on any day but this was reduced to 03:00 hours following discussions with Officers during the course of the application.

This application was recommended for approval by officers, for a temporary 12 month period. However, at the Area Board meeting (5th January 2010), Members voted to further reduce the days/hours proposed. It was agreed to allow extended opening hours for a trial period of 6 months as Members had concern about the takeaway’s impact on neighbouring residents and the track record of the shops breaching hours of use in the past. The allowed opening hours for this period were

51 also reduced to 02:30 hours Sunday to Wednesday and Public Holidays, and 09:00 hours to 03:00 hours Thursday to Saturday and Sundays preceding Public Holidays. After the 6 month period ended the use was required to revert back to the original approved hours. The trial period ended on 5th June 2010.

In June 2010 an application to extend the opening hours of the shop to 03:30 hours on any day was submitted (10/01808/CHU). The proposed hours of opening were reduced to 03:00 hours Sunday to Thursday and 03:30 hours on Fridays and Saturdays during the course of the application.

This application was recommended for refusal by officers. However, at the Area Board Meeting (2nd August 2010), Members determined that rather than rejecting the proposal outright they would prefer to allow the applicant a further trial period at the previously approved hours of use for a further 6 months. Once again, after the 6 month period ended the use was required to revert back to the original approved hours. The trial period ended on 3rd February 2011.

Finally, Members are advised that the shop was closed for alteration and refurbishment for a significant part of the last 6 month trial period descried above. These works (including some retrospective) were approved under 10/02864/FUL and 10/02880/ADV in October 2010.

SUMMARY OF REPRESENTATIONS

There have been a total of 3 representations received.

A representation from La Gondola Restaurant at 33 Carver Street has advised that they have no objection to the proposed extension of hours.

One letter of objection has been received from a resident living at Cambridge Court.

Also, Councillor Jillian Creasy has objected to the proposal and requested refusal. Councillor Creasy has requested that the application is heard by the Planning Committee as Elected Members need to make a judgement about how best to balance the needs of residents and the “night-time economy”.

In summary, the objections refer to:

- There are residential properties immediately opposite (Cambridge Court) which front onto Division Street, built around 18 years ago without state-of- the-art sound proofing. The noise levels in the area have increased dramatically due to the number of bars and clubs allowed to open. The takeaway does not help matters by attracting noisy revellers after they have finished in the clubs/bars.

- The vast majority of people buying a snack at 03:00 hours will have been drinking in nearby clubs and even if not seriously inebriated, they will be affected by drink and likely to raise their voices.

52 - The residents in Cambridge Court include long-term tenants who work and need their sleep.

- The shop has a history of breaking their conditions and frequently continue to open for business until 04:00 hours. This shows a lack of respect to the Planning Committee, near-by residents and the hours imposed. Granting the proposed hours sends the wrong message to others and the non- compliance shows them unfit to manage an official extension.

- Many residents object to the proposed hours but feel that their voice isn’t being heard by the Planning Committee. The takeaway ignores the hours it is required to abide by and many feel that writing to object as they did before will not make a difference.

- The takeaway has undergone a refit and now has a new name. The old plans show plenty of seating and included toilets. Since the refit the seating has reduced and the toilet facilities are no longer available. Thus, customers urinate out in the street and people take their food out onto the street creating more rubbish. The use also creates a corner where people gather to hail taxis and this generates more noise. When cars are queued waiting the traffic builds up and other drivers blast their horn, again creating more noise.

PLANNING ASSESSMENT

The key issues in the determination of this application include the following:

- Principle of development: planning policy and land use - Impact on amenity of surrounding residents - Impact on the City Centre Conservation Area

Planning Policy and Land Use Issues

Within the Adopted Unitary Development Plan (UDP) the ‘Chicken Stop’ is designated within the Central Shopping Area. It also lies within the City Centre Conservation Area.

Policy S3 of the UDP relates to development in the Central Shopping Area and advises that shops (A1), offices used by the public (A2), food and drink establishments (A3 – A5) and housing (C3) are the preferred planning uses within the City Centre. Although this application does not necessitate an assessment of the principle of the takeaway use, it is useful to acknowledge that is an acceptable use within this location but it is a mixed area that also comprises housing, which is relevant in terms of considering the impact of the proposal on the amenity of nearby residents. This is considered in detail below.

In addition, it is relevant to note Policy CS17 of the Core Strategy, which relates to the City Centre Quarters and advises that the distinctive and fundamental roles of different quarters of the City Centre will be consolidated and strengthened. The aim

53 within the Devonshire Quarter is to secure a thriving and vibrant area of city living, shopping and leisure, with which this proposal is deemed to be consistent.

The site falls within the boundary defined by the Devonshire Quarter Action Plan. The plan recognises the changing nature of the Devonshire Quarter and brought together several strands of policy to form a rounded view of the Quarter and its future. This document is now 10 years old and the Council’s guidance on night- time uses has been updated in the City Centre Living Strategy Supplementary Planning Guidance (2004) and the Night-time Uses Interim Planning Guidance (2005) – as discussed below.

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

Guideline 10 of the CCLS relates to the residential amenity of residents in relation to extension of hours to A5 uses (part of the A3 use class at the time of publication) and notes that in certain Quarters, the amenity of residents during night-time hours is considered to be important and for new developments involving pubs, bars and restaurants it is appropriate to set their closing times to prevent undue disturbance. Within the Devonshire Quarter and the Heart of the City Quarter, the guidance recommends that restaurants only open until 01:00 hours.

However, the CCLS guidelines pre-date the most recent licensing laws and in this respect, do not anticipate the current licensing situation. Thus, in October 2005 the Council adopted Interim Planning Guidance on Night Time Uses (hereafter, IPG), which sought to pre-empt the introduction of the Licensing Act 2003 and its intention that no closing hours should be specified unless there are exceptional circumstances to limit the hours of opening. The IPG acknowledges that the effective harmony of City Centre living and a vibrant night-time economy are critical for the future development of both aspects of a successful city centre and neighbourhoods. It recognises that uses can enliven town centres and support the evening activity but ca also have an impact on the centre in terms of anti-social activity and causing a nuisance to nearby residents. For this reason, the IPG sought to identify only two areas where time limits should be imposed, in the Heart of the City/Cathedral and the Broomspring Area of the Devonshire Quarter, where it is determined that the hours of use should be specifically restricted to no later than 12.30am. However, this application lies outside these specified quarters and, as such, any application for extension of hours is likely to be acceptable in principle in accordance with the IPG, but must be determined on its merits and its potential impact on the amenity of surrounding residents, in particular, those living in Cambridge Court.

Impact on amenity of surrounding residents

The IPG acknowledges that the overall amenity of present and future residents should be protected from undue noise and disturbance after a reasonable time of night but significantly, it also highlights that people living in the City Centre cannot

54 expect to experience the same levels of quiet as the more suburban parts of the City.

Additionally, Policy S10 of the UDP relates to ‘Conditions on Development in Shopping Areas’ and it relevant to proposal. Item (b) of the policy states that development should not cause residents to suffer from unacceptable living conditions, including noise and other nuisances.

In this case, it is relevant to note that the applicant is now seeking an extended trial of the opening hours that were previously granted for a trial period by Members in August 2010 and which expired in February 2011. Because the premise was closed for significant refurbishment during the majority of the 6-month trial period granted, the takeaway has not operated alongside the surrounding uses (especially the flats) and therefore no further evidence has been able to be gathered about the impact of the operation when it is open until 02:30 and 03:00 hours. The reason for Members allowing a further trial period was to see how the later operation affected the nearby residents, not to see how a closed shop would affect them. It is advised that no complaints have been received by the Environmental Protection Service during the two trial period so far. Clearly, this is to be expected during the second trial period because the shop was closed for a large part of it.

In light of the above, Officer’s have advised the applicant that a further 6 month trial period will be necessary to properly discover the impact of a late opening hour over a full 12 month period. In particular, it will allow the Council to assess the later times throughout the main summer months when noise issues are more likely to result in complaints. Better weather conditions mean that patrons are more likely to be encouraged to congregate outside the shops for longer and result in residents being more likely to want their windows open. It will also allow the Council to determine whether the new internal layout (e.g. reduction in seating and removal of toilets) has a material impact.

It is therefore concluded that the application proposal is acceptable for a limited 6 month period to allow the Council to monitor the operation prior to considering a permanent extension of hours.

Impact upon the City Centre Conservation Area

The application site lies within the City Centre Conservation Area. In this regard, Policy BE16 of the UDP relates to development in Conservation Areas and states that permission will only be given for proposals that would preserve or enhance the character or appearance of the Conservation Area. This policy reflects guidance within PPS5 to protect significant heritage assets.

However, this application proposes no external alterations to the shop. The recent alterations were assessed under separate planning applications during autumn 2010 and were deemed acceptable. As such, it is determined that the proposal will not impact upon the character or appearance of the Conservation Area.

RESPONSE TO REPRESENTATIONS

55 It is considered that the main issues raised by the objectors have been addressed in the assessment above.

With regard to the comments made in relation to the takeaway ignoring the planning conditions and opening until 04:00 hours, it is advised that the Council has no evidence to corroborate this. However, in light of this representation it is recommended that – following the determination of this application - the Council’s Planning Enforcement Team monitor the shop for a period in order to gather evidence to prove if a breach of planning control is occurring or not at this shop.

SUMMARY AND RECOMMENDATION

This application proposes the extension of hours to the Chicken Stop hot food takeaway to between 11:00 and 02:30 hours Sunday to Wednesday and Public Holidays, and 11:00 and 03:00 hours Thursday to Saturday and Sundays preceding Public Holidays.

The key issue in the assessment of this application is the impact of the use on the amenity of nearby residents. Whilst it is accepted that there is some scope for disamenity arising from the proposed extension of hours, the EPS has not received any complaints about noise during any recent period.

Similar temporary periods of use have been granted at this shop in January 2010 (6 month trial) and August 2010 (6 month trial). The 6 month period from January 2010 passed without complaints but the shop was closed for large periods of the later 6 month trial. Therefore assessment of the impact of the shops during a 12 month period (to include all seasons) was not possible.

In light of the above, as well as previous planning decisions made, it is therefore concluded that the proposed extension of hours is considered acceptable for a further trial period of 6 months to finally allow the Council to assess the impact of the extended period of opening, in accordance with Policy S3 of the Sheffield Adopted Unitary Development Plan, Policy CS17 of the Sheffield Development Framework Core Strategy and guidance within the City Centre Living Strategy.

Finally, it is noted that this application proposes no external alterations to the shop such that it will not impact upon the character or appearance of the Conservation Area, in accordance with Policy BE16 of the UDP and guidance within PPS5.

The application is therefore recommended for temporary approval subject to conditions.

Case Number 11/00557/FUL

Application Type A Full Planning Application

Proposal Alterations including conversion of first and second floors and erection of a 3 storey rear extension to create 13 apartments

Location Wellington House 39 Wellington Street Sheffield S1 4HF

Date Received 16/02/2011

Team CITY CENTRE AND EAST

Applicant/Agent Cordonier Escafeld

Recommendation GRA GC subject to Legal Agreement

Subject to:

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

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

2 The development must be carried out in complete accordance with the following approved documents;

Lower Ground Floor and Site Plan 10.24/PL-04B (14 April 2011) Proposed Floor Plans 10.24/PL-05A (14 April 2011) Proposed Elevations (1) 10.24/PL-06C (14 April 2011) Proposed Elevations (2) 10.24/PL-07A (14 April 2011)

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

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

In order to ensure an appropriate quality of development.

57 4 Large scale details of window reveals relating to the new extension shall be approved in writing by the Local Planning Authority before the commencement of development. The development shall be carried out in accordance with these details thereafter.

In order to ensure an appropriate quality of development.

5 Unless otherwise agreed in writing by the Local Planning Authority bin storage shall be restricted to the internal bin storage area only.

In the interests of the visual amenities of the locality.

6 Before any work on site is commenced, a comprehensive soft landscape scheme for the site shall have been submitted to and approved in writing by the Local Planning Authority. The landscape works shall be implemented prior to the development being brought into use or within an alternative timescale to be first agreed in writing with the Local Planning Authority.

In the interests of the amenities of the locality.

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

In the interests of biodiversity.

8 The Local Planning Authority shall be notified upon completion of the green roof.

In the interests of biodiversity.

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

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

58 10 The roof terrace shall not be used until the associated screen wall has been provided in accordance with the approved plans. Once in place it shall thereafter be retained.

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

11 The development shall not be occupied unless the bin store, cycle parking (including screen gates), car parking and boundaries around the external amenity space for the lower ground floor apartment have been provided in accordance with the approved plans. Once in place they shall thereafter be retained.

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

12 At all times that 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.

13 Unless it can be shown not to be feasible and viable, before development commences a report shall have been submitted to and approved in writing by the Local Planning Authority identifying a strategy for providing a minimum of 10% of the developments overall predicted energy needs from decentralised and renewable or low carbon energy.

Any agreed renewable or low carbon energy equipment, connection to decentralised or low carbon energy sources or additional energy efficiency measures shall have been installed before any part of the development is occupied and a post-installation report shall have been submitted to and approved in writing by the Local Planning Authority to demonstrate that the agreed measures have been installed. Thereafter the agreed equipment, connection or measures shall be retained in use and maintained for the lifetime of the development, unless otherwise agreed in writing by the Local Planning Authority.

This condition shall not preclude an agreement being reached with the Council for a contribution towards an off-site carbon reduction scheme if it is demonstrated that it is not feasible to generate renewable or low carbon energy on site.

59 In order to ensure that new development makes energy savings in the interests of mitigating the effects of climate change, in accordance with Sheffield Development Framework Core Strategy Policy CS65.

14 Before the development is commenced, full details including floor plans at a scale of not less than 1:50, demonstrating that 2 apartments meet Mobility Housing standards (as set out in the Supplementary Planning Guidance 'Mobility Housing') shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with approved details.

In order to ensure that the development incorporates an appropriate proportion of accommodation that is easily adaptable for use by disabled persons.

15 Before development commences full details of the access ramp into the Wellington Street entrance shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with these details thereafter.

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

16 Unless otherwise agreed in writing by the Local Planning Authority no development work on the new extension including clearance and demolition work shall take place unless and until the developer, their agent or their successor in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been submitted to and approved in writing by the Local Planning Authority.

To ensure that any archaeological remains present, whether standing or buried, are preserved - either by being left in situ or recorded and removed in accordance with an agreed method, before they are damaged or destroyed.

17 Before the development is commenced, actual or potential land contamination and ground gas contamination at the site shall have been investigated and a Phase 1 Preliminary Risk Assessment Report shall have been submitted to and approved in writing by the Local Planning Authority. The Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004).

In order to ensure that any contamination of the land is properly dealt with.

18 Any intrusive investigation recommended in the Phase I Preliminary Risk Assessment Report shall be carried out and be the subject of a Phase II Intrusive Site Investigation Report which shall have been submitted to and approved in writing by the Local Planning Authority prior to the development being commenced. The Report shall be prepared in accordance with Contaminated Land Report CLR 11 (Environment Agency 2004).

In order to ensure that any contamination of the land is properly dealt with.

19 Any remediation works recommended in the Phase II Intrusive Site Investigation Report shall be the subject of a Remediation Strategy Report which shall have been submitted to and approved in writing by the Local Planning Authority prior to the development being commenced The Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

In order to ensure that any contamination of the land is properly dealt with.

20 All development and associated remediation shall proceed in accordance with the recommendations of the approved Remediation Strategy. In the event that remediation is unable to proceed in accordance with the approved Remediation Strategy, or unexpected contamination is encountered at any stage of the development process, works should cease and the Local Planning Authority and Environmental Protection Service (tel: 0114 273 4651) should be contacted immediately. Revisions to the Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority. Works shall thereafter be carried out in accordance with the approved revised Remediation Strategy.

In order to ensure that any contamination of the land is properly dealt with.

21 Upon completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy a Validation Report shall be submitted to the Local Planning Authority. The development or any part thereof shall not be brought in to use until the Validation Report has been approved in writing by the Local Planning Authority. The Validation Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

In order to ensure that any contamination of the land is properly dealt with.

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

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

b) Be capable of achieving the following noise levels when noise from the future adjacent New Retail Quarter car park is accounted for:

Bedrooms: LAeq 15 minutes – 30 dB (2300 to 0700 hours).

61 Living Rooms: LAeq 15 minutes – 40 dB (0700 to 2300 hours).

c) Include a system of alternative ventilation which has been acoustically treated to all habitable rooms. This system shall not be extracted or ventilation through the front facade (Wellington Street elevation).

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

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

23 Before first occupation a Validation Test of the sound attenuation works shall have been carried out and the results submitted to and approved in writing 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 in writing 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 before the use is commenced and shall thereafter be retained.

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

Attention is drawn to the following justifications:

BE5 - Building Design and Siting BE18 - Development in Areas of Special Character BE22 - Archaeological Sites and Monuments H7 - Mobility Housing H16 - Open Space in new Housing Development IB7 - Development in Business Areas IB9 - Conditions on Development in Industry and Business Areas IB11 - Housing and Residential Institutions in Industry and Business Areas CS3 - Locations for Office Development CS4 - Offices in the City Centre CS17 - City Centre Quarters

62 CS18 - Shopping in the City Centre CS24 - Maximising the Use of Previously Developed Land for New Housing CS26 - Efficient Use of Housing Land and Accessibility CS41 - Creating Mixed Communities CS64 - Climate Change, Resources and Sustainable Design of Development CS65 - Renewable Energy and Carbon Reduction CS74 - Design Principles

As the Sheffield Development Framework Core Strategy has not identified this site as a priority area for office accommodation the loss of the office space is regarded as acceptable. The location of housing in this location is viewed as being in accordance with the relevant land use policies.

The applicant has produced information in relation to the amenity of future residents, which takes into account the future presence of the New Retail Quarter car park across Wellington Street. Issues that have been assessed include air quality, noise and daylight. In this regard it is considered that this development can be accommodated and suitable living conditions provided without prejudicing any future revised applications on the car park site.

The proposed rear extension is of a suitable quality and will reflect the scale and form of the existing building.

The scheme has provided two mobility apartments and although three units are required in policy terms, this has not provided viable or practical given that an internal lift would have to be provided.

The scheme has sound sustainability credential which includes the refurbishment of an existing building, the provision of a green roof, cycle parking and the potential provision of 10% of energy from decentralised and renewable or low carbon energy.

Attention is drawn to the following directives:

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

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

63 Site Location

LOCATION AND PROPOSAL

This application relates to a flat roofed building set on the corner of Wellington Street and Rockingham Street. Owing to the sloping nature of the site the building presents three storeys to the Wellington Street frontage and four storeys to the rear yard area. This yard area currently provides ancillary car parking for the building.

The ground floor of the building is in used as a retail unit (The Mobility Shop), whist the upper floors have most recently been in office use but are currently vacant. The facades of the building are principally made up of a glazed cladding system, but the building also has sections of red bricks on the Wellington Street and Rockingham Street elevations and a section of buff brick on the rear elevation.

The applicant is seeking planning permission to provide 13 apartments, which will range from 1 to 4 bedrooms. The majority of these apartments will be accommodated in the upper two floors of the main building, whilst a new three storey extension in the rear yard area will provide three units. A small section of the ground floor will be utilised as an entrance lobby.

The scheme also provides a small roof terrace for one of the units and small section of green roof on top of the new extension. A further small garden area will be provided for the lower ground unit within the rear yard. The scheme also retains five parking spaces within this rear yard area, which also accommodates cycle and bin stores.

The adjoining building on Wellington Street mirrors the scale of the application building and provides office accommodation for the South Yorkshire Housing Association. Telephone House is set directly across Rockingham Street to the east and reaches sixteen storeys. There is a small car repair garage set on the southern boundary of the site. The site across Wellington Street to the north is cleared but consent is in place to construct the New Retail Quarter (NRQ) car park, which will reach ten storeys at its closest point.

65 The site is located within a Business Area and an Area of Special Character is set to the immediate north west as defined by the Sheffield Unitary Development Plan (UDP). The site is also set within the Devonshire Quarter Action Plan Area (DQAPA).

RELEVANT PLANNING HISTORY

None

SUMMARY OF REPRESENTATIONS

One representation has been received from the neighbouring office building, which is occupied by South Yorkshire Housing Association (SYHA). This representation states that in the future the SYHA may wish to develop their site and the presence of the roof garden on the new extension could compromise this as the resident could object to a future application in respect of issues such as right to light and dominating.

The representation goes onto state that we should explore ways of ensuring this application does not blight the redevelopment of the New Retail Quarter.

PLANNING ASSESSMENT

Land Use

Policy IB7: Development in Business Areas within the UDP states that office accommodation (Use Class B1) is the preferred use in such areas and lists a number of other acceptable and unacceptable uses. Amongst the acceptable uses is housing (Use Class C3) at upper levels.

Policy IB9: Conditions on Development in Industry and Business Areas states that new development or change of use applications should not lead to a concentration of uses that would prejudice the dominance of the preferred use in the area, which in this case are offices.

Policy CS3: Locations for Office Development within the Sheffield Development Framework Core Strategy (CS) encourages offices in the city centre.

Policy CS4: Offices in the City Centre within the CS identifies priority office locations within the city centre, of which the application site is not one.

Policy CS17: City Centre Quarters identifies the future of the Devonshire Quarter, which is the quarter the site is set within, as a vibrant area with a mix of uses including city living

Policy CS24: Maximising the Use of Previously Developed Land for New Housing within the CS places an emphasis on developing brownfield sites, with a target of 88%.

66 The proposal will remove two floors (approximately 670 square metres) of office accommodation and at present offices do not make up the dominant use in the area, which is contrary to Policy IB9. However, the CS has redefined priority areas for office accommodation, which does not include the application site.

It is also noted that the applicant has attempted to let this office space for sometime without success and it is recognised that the building does not provide inclusive access for office tenants, which has proved a major hindrance. The applicant has stated that this access situation could not be remedied without significant investment, which would not be viable in this financial climate.

In light of the above, and on balance, the principle of losing this office accommodation is regarded as acceptable.

In respect of housing the relevant policies in the UDP and CS support the principle of housing in this location from a land use perspective.

As the site is on brownfield land the proposal will be in accordance with Policy CS24.

The proposed scheme is therefore considered to accord with the above land use policies.

Housing Density

Policy CS26: Efficient Use of Housing Land and Accessibility within the CS requires appropriate housing densities to ensure the efficient use of land. The recommended density for City Centre sites is at least 70 dwellings per hectare.

The scheme would represent 189 dwellings per hectare, which is consistent with Policy CS26.

House Type Mix

Policy CS41: Creating Mixed Communities within the CS promotes development which meets a range of needs and does not lead to concentrations of certain forms of residential development. Section d) within CS41 seeks to ensure an area is not imbalanced by the overprovision of shared housing, which includes student accommodation.

The scheme will provide 13 units, 6 of which will be one and two bedrooms, which will ensure they fall outside of the definition of shared housing. The remaining 7 units will have 3/4 bedrooms and could be used for shared housing (Use Class C4). Although the amount of shared housing within a 200 metre radius of the site is above the 20% target identified within CS41, as at present the Use Classes Order allows dwellings to covert to shared housing without consent, it would not seem proportionate to object to the proposals on these grounds bearing in mind the limited scale of the project.

The development is therefore in compliance with Policy CS41.

Amenity of Future Residents

Policy IB9: Conditions on Development in Industry and Business Areas within the UDP states that new development or change of use will be permitted provided that it would not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions.

IB11: Housing and Residential Institutions in Industry and Business Areas within the UDP states that Housing (C3) will be permitted only where the development would not suffer from unacceptable living conditions including, ground contamination, noise, other nuisance or risk to health and safety.

The main concern in respect of residential amenity is the future presence of the NRQ car park, which has planning permission to be erected directly across Wellington Street. Indeed the main vehicle entrance into the car park will face the application site. As such the applicant has produced various reports taking account of the impact of this car park on future residents.

The Noise Report identifies that with appropriate glazing and alternative ventilation, future residents will not suffer from any undue noise disturbance from vehicles using the car park or other noise sources in the area, including the car repair garage that adjoins the southern boundary of the site. This report has been assessed by Environmental Protection Services who agree with these conclusions.

There is a significant height difference between the car park, which is ten storeys, and the application building which reaches three storeys on Wellington Street. As the car park is set approximately 15-metres away from the facade of the application building and to the north this will ensure any shadowing and dominating is limited. The applicant has also produced a Daylight Study, which uses British Research Establishment (BRE) guidelines to establish that the car park would not have an unacceptable impact on light into the residential windows of the development.

The Council’s Air Quality Officer has considered the potential impact of the car park use on future residents, which is particularly relevant given the location of the main vehicle access point across Wellington Street. Following this assessment it is considered that so long as the vents for the alternative ventilation system are located away from the Wellington Street facade future residents will not suffer from poor air quality. It has been confirmed by the applicant that these vents can be placed on the roof of the building, which is acceptable.

Although outlook for residents facing the NRQ car park will not be ideal given the fifteen metre gap between the facades it is not considered to be sufficiently bad to warrant the refusal of this application.

The scheme provides a roof terrace for one unit and a dedicated garden space within the rear yard for another unit, both of which are welcome. Although it is unfortunate that some communal amenity space could not be provided it is an understandable constraint in this city centre location.

The proposal is considered to be in accordance with the above amenity policies.

Impact on New Retail Quarter (NRQ)

Policy CS18: Shopping in the City Centre states that development within or adjacent to the Primary Shopping Area that might individually or cumulatively prejudice or delay the success of the Primary Shopping Area, which includes the NRQ, will not be permitted.

It is considered that the above section of this assessment (Amenity of Future Residents) has demonstrated why this scheme would not threaten the delivery of the car park as part of the NRQ should a future application be considered on the site. To further ensure this is the case a clause will be placed in a Section 106 Agreement (S106) to ensure future residents are informed in writing that the NRQ car park will be constructed across the road.

Design

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

Policy BE18: Development in Areas of Special Character states that new development should respect the appearance and character of the area.

Policy CS 74: Design Principles within the CS states that high quality development will be expected, which would respect, take advantage of and enhance the distinctive features of the city, its districts and neighbourhoods.

The only notable design alteration to the building is the three storey rear extension. This extension will be set back from the highway by approximately 22 metres so it will not be overly prominent. This extension is considered to be of a suitably high quality with good modelling and the use of materials which will create some welcome variety.

The form and scale of the extension is clearly informed by the existing building and it will not appear out of context.

The proposals are considered to comply with the above design policies.

Access

Policy H7: Mobility Housing within the UDP states that in new housing developments a minimum of 25% of units should be designed to Sheffield City Council Mobility Housing Standards.

The application should provide 3 units to mobility standards in order to meet the 25% target set out in Policy H7. However, the applicant has only been able to provide two units, both within the new extension to the rear. Although not ideal, the

69 applicant would need to provide an internal lift in order to accommodate a third unit, which is not viable or practical given the limited space.

The scheme will also provide a dedicated mobility parking space in the rear yard.

In light of the above the scheme is considered to be acceptable form a mobility housing perspective.

Highway Issues

Policy IB9: Conditions on Development in Industry and Business Areas within the UDP states that for new development or change of use applications to be permitted they must be adequately served by transport facilities and provide safe access to the highway network and appropriate off-street parking.

The site will retain five parking spaces to be used by the retail unit and residents and the existing access will also be retained. It is considered that this parking provision is ample in this city centre location, which is accessible by a variety of transport modes.

The scheme is therefore viewed as acceptable from a highway perspective.

Sustainability

Policy CS64: Climate Change, Resources and Sustainable Design of Development within the CS sets out a suite of requirements in order for all new development to be designed to reduce emissions. This policy requires new build residential development to achieve Code for Sustainable Homes Level 3. However, as this scheme is for a conversion this requirement does not apply.

Policy CS64 also sets out individual requirements that developments should aspire to meet. In this regard the development will be re-using an existing building and upgrading the fabric of this building to meet modern construction standards.

Policy CS65: Renewable Energy and Carbon Reduction within the CS sets out objectives to support renewable and low carbon energy generation and also to further reduce carbon emissions. Policy CS65 requires, if it is feasible and viable, new developments to achieve the provision of a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy. A condition will be attached to ensure the applicant meets the requirements of this section of the policy.

CS65 did until recently also require the generation of further renewable or low carbon energy, or the incorporation of design measures, sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%. As this is now a requirement of Building Regulations it is no longer being sought as part of planning applications in the current economic climate.

Further to the above the site has other sustainability credentials that promote and encourage sustainable design/living, including being set in a highly sustainable

70 central location close to several modes of public transport and the provision of a green roof, cycle parking and recycling facilities.

Overall, it is considered that the proposal meets the sustainability policy requirements set out within the Sheffield Development Framework Core Strategy.

Affordable Housing

The 2008 Affordable Housing Interim Planning Guidance and Policy CS40: Affordable Housing within the CS requires developments over 15 units to deliver between 30 & 40% of units as affordable housing where it is practicable and financially viable.

As this scheme is not over the threshold affordable housing does not apply.

Archaeology

Policy BE22: Archaeological Sites and Monuments within the UDP sets out how archaeological interest will be safeguarded from the impacts of development.

A suitable condition will be attached to ensure the archaeological interests of the site are protected.

Open Space Provision

Policy H16: Open Space in new Housing Development within the UDP requires the developer to make a contribution to the improvement or creation of recreation space in the locality, in line with details set out in the Supplementary Planning Guidance (SPG) on Open Space Provision in New Housing Development and the City Centre Living Strategy. In this respect the applicant has agreed to provide a financial contribution of £19,729.65.

Circular 05/05: Planning Obligations introduced tests to ensure that the requirement for a financial contribution linked to approving development was justifiable. The main tests the Circular introduced were:

1. The contribution is relevant to planning. 2. The contribution is essential for consent to be granted. 3. The contribution is proportionate to the scale of the development.

The requirement for the contribution is set out in planning policy, as are the reasons why it is deemed essential to provide open space for residents. The contribution has been worked out on the basis of the number and size of units and thus is proportionate to the scale of the development. It is therefore considered that the tests of Circular 05/05 have been met.

RESPONSE TO REPRESENTATIONS

It is not viewed as appropriate to remove the roof garden from the in case the neighbouring site was developed and these residents objected. This situation

71 would be considered on its own merits at that time and it would highly unlikely to result in a neighbouring scheme being viewed as unacceptable.

SUMMARY AND RECOMMENDATION

The proposed rear extension is of a suitable quality and will reflect the scale and form of the existing building.

The scheme has provided two mobility apartments and although three units are required in policy terms, this has not provided viable or practical given that an internal lift would have to be provided.

The proposal is therefore recommended for conditional approval subject to the completion of a legal agreement, the details of which are set out below.

Heads of Terms i. A sum of £19,729.65 shall be paid to the Council towards the enhancement or improvement of open space within the catchment area of the site. ii. The applicant shall inform future residents in writing that an extant planning permission exists for the New Retail Quarter car park directly across Wellington Street.

In the event that a satisfactory S106 planning obligation covering the Heads of Terms set out in the preceding paragraph is not concluded before 16 May 2011 (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

Case Number 11/00503/FUL

Application Type A Full Planning Application

Proposal Refurbishment of building and change of use to form 10 apartments while retaining existing retail unit

Location 7 Rockingham Street Sheffield S1 4EA

Date Received 11/02/2011

Team CITY CENTRE AND EAST

Applicant/Agent Coda Studios Ltd

Recommendation GRA GC subject to Legal Agreement

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

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

Entrances Glazing Cladding Balconies Window reveals Bin Store screen Rainwater gutters, downpipes and external plumbing

In order to ensure an appropriate quality of development.

4 No door or window shall when open project over the highway.

In the interests of pedestrian and highway safety.

5 Before commencement of development details of the sound attenuation works to be installed shall first have been submitted to and approved in writing by the Local Planning Authority. Such a scheme of works shall:

A) Be capable of achieving the following noise levels:

Bedrooms: LAeq 15 minutes - 30 dB (2300 to 0700 hours).

Living Rooms: LAeq 15 minutes - 40 dB (0700 to 2300 hours).

B) Include a suitable alternative ventilation system.

The agreed works shall be in place prior to first occupation and thereafter retained.

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

6 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.

7 Before first occupation a Validation Test of the sound attenuation works shall have been carried out and the results submitted to and approved in writing by the Local Planning Authority. Such Validation Tests shall:

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

b) Demonstrate that the noise requirements identified in the proceeding condition 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 in writing by the Local Planning Authority before the occupation is commenced. Such further scheme of works shall be installed as approved in writing by the Local Planning Authority before the occupation of the relevant phase and shall thereafter be retained.

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

8 Before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided: a) a minimum of 10% of the predicted energy needs of the of the completed development being obtained from decentralised and renewable or low carbon energy;

Any agreed renewable or low carbon energy equipment, connection to decentralised or low carbon energy sources or additional energy efficiency measures shall have been installed before any part of the development is occupied and a post-installation report shall have been submitted to an approved in writing by the Local Planning Authority to demonstrate that the agreed measures have been installed. Thereafter the agreed equipment, connection or measures shall be retained in use and maintained for the lifetime of the development, unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure that new development makes energy savings in the interests of mitigating the effects of climate change, in accordance with Sheffield Development Framework Core Strategy Policy CS65.

9 The apartments 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 the amenities of the future occupiers of the building and to promote sustainable transport.

10 The residential accommodation shall not be used unless the access and facilities for people with disabilities shown on the plans have been provided in accordance with the approved plans and thereafter such access and facilities shall be retained.

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

11 The development must be carried out in complete accordance with the following approved documents;

Drawings: 1817-004, 1817-006 Rev A, 1817-007, 1817-008 Rev A, 1817- 009 Amended red line boundary received 11/04/11 Design and access statement amendment received 11/04/11 Envirocheck Report order number 25710470_1_1 Noise Assessment dated August 2008

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

IB6 - Development in Fringe Industry and Business Areas IB9 - Conditions on Development in Industry and Business Areas IB11 - Housing & Residential Institutions in Industry & Business Areas BE5 - Building Design and Siting CS3 - Locations for Office Development CS4 - Offices in the City Centre CS17 - City Centre Quarters

The residential accommodation will provide adequate living conditions for occupiers and will not negatively impact upon the living conditions of nearby occupiers. Appropriate conditions will be attached to the application to ensure that residents do not suffer from unacceptable noise levels.

The alterations to the external fabric of the building will improve its appearance and are in line with UDP policies IB9 and BE5 and Core Strategy Policy CS74.

The site is in a sustainable location, within walking distance to the services and amenities of the city centre and good public transport links. The applicant has submitted a sustainability statement which commits to reducing the impact of the development on the environment.

Attention is drawn to the following directives:

1. You may be required as part of this development, to carry out works within the public highway: As part of the requirements of the NRSWA 1991 (Section 54), 3rd edition of the Code of Practice 2007, you must give at least three months written notice to the Council, informing us of the date and extent of works you propose to undertake.

The notice should be sent to:- Sheffield City Council Highways and Transport Division Howden House 1 Union Street Sheffield S1

76 Attn Mr P.Vickers

Please note failure to give the appropriate notice may lead to a fixed penalty notice being issued and any works on the highway being suspended.

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

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

3. The applicant is advised that the signage indicated on the submitted drawings is not approved as apart of this permission and will require separate Advertisement consent. To discuss arrangements for obtaining such consent, and to request application forms, the applicant should contact the Planning, Transport and Highways on Sheffield (0114) 2734215.

4. The applicant is advised to be aware that there may be asbestos in the building.

77 Site Location

LOCATION AND PROPOSAL

The application site is located at the junction of Rockingham Street and Broad Lane and is a prominent site which forms a gateway into the city centre. The site houses a three-storey flat roof brick and clad building which is occupied by Sheffield Window Centre at ground floor level and has unused office space at first and second floor level. The building is set towards the south of the site, the area directly to the front of the building is used to park vehicles and is within the lease of the window centre, as such it does not form part of this application.

Broad Lane slopes downhill from west to east and the applicant site follows this trend. The gradient of Rockingham Street falls steeply when approaching the site from the south, before levelling off around the applicant site. The Well Meadow Conservation Area is situated to the North of the site, the gradient increases in this direction.

The site is set within a Fringe Industry and Business Area, as defined by the Sheffield Unitary Development Plan and is set 15 metres to the south of the Well Meadow Conservation Area.

The surrounding area is characterised by a mixture of commercial/residential uses, in buildings of varying design, scale and age. Directly to the west of the site is the recently constructed Rockingham House, a 6/10 storey red brick building comprising residential accommodation and commercial units to the ground floor. Beyond this are several University buildings.

A three-storey public house, Fagan’s, is located directly to the east of the site, this is a traditional building which dates from the 19th century and has a render finish and pitched roof. Beyond this are light industrial buildings of a relatively small scale. The area opposite the site on Broad Lane is mostly cleared, and has planning permission (07/01148/FUL) for 98 apartments and 4578 square metres of office/teaching space. This scheme ranges from 4 to 10 storeys on the Broad Lane elevation, facing the application site, however the permission lapsed in December 2010.

Planning permission is sought to refurbish the existing building and form ten one- bed apartments at first and second floor level.

RELEVANT PLANNING HISTORY

Planning permission was granted in 2010 through application 09/03175/FUL for the replacement of the existing building with a mixed use development comprising 29 apartments, office accommodation (use class B1) and a café with ancillary car parking accommodation.

SUMMARY OF REPRESENTATIONS

One letter of representation has been received from Fagan’s Public House who raise the following points –

- no objection to the principle of the development - request that the apartments are fully sound proofed - the pub has cooking extraction systems and an outside area where people go to smoke - provision should be made so that the pub can carry on as existing

PLANNING ASSESSMENT

Principle of Use

The site lies within a Fringe Industry and Business Area, as defined within the Sheffield Unitary Development Plan, thus Policies IB6, IB9 and IB11 apply.

Policy IB6 defines which uses are acceptable in Fringe Industry and Business Areas; business (B1) is defined as a preferred use whilst housing (C3) is defined as an acceptable use. The scheme will lead to the loss of offices to be replaced with housing. Policy IB9 requires that development would (a) “not lead to a concentration of uses which would prejudice the dominance of industry and business in the area or cause the loss of important industrial sites”. The building is currently a window showroom at ground floor which is classified as being within use class A1, office accommodation is sited above this but is currently vacant. The proposal will actually result in a net loss of office accommodation, however industry and business is still the dominant use in the area and thus the proposal is not contrary to IB9 (a).

Core Strategy Policy CS3 is also relevant and encourages office development in the City Centre. Core Strategy Policy CS17 encourages “a mixed area that is an academic focus for the University of Sheffield, with complimentary retail and business uses” in the St George’s quarter. However, Core Strategy Policy 4 “Offices in the City Centre” defines priority office areas within the city centre, the application site does not fall within one of these area. On balance, although the proposal leads to the loss of offices in the city centre, it is considered that given the central location of the site, its proximity to the University and the changing nature of the area as highlighted by other large residential schemes in the immediate locality, that the site is acceptable for residential accommodation.

Policy CS24 “Maximising the use of previously developed land for new housing”, places an emphasis on building on brownfield sites, with a target of 88%. The conversion of the existing building will contribute towards meeting the target.

Policy CS26 “Efficient use of housing land and accessibility” requires appropriate housing densities to ensure the efficient use of land whilst also taking into account the character of the area. In the City Centre, the minimum density required is 70 dwellings/ ha, the scheme exceeds this requirement by a considerable margin.

The scheme proposes less than 15 residential units and therefore there is no requirement to provide affordable housing in line with Core Strategy CS40.

Further reference to relevant policies is made where necessary in the subsequent sections.

Design

Core Strategy Policy CS74, Design Principles states that “High-quality development will be expected, which would respect, take advantage of and enhance the distinctive features of the city…” Furthermore, Policies IB9 and BE5 of the Unitary Development Plan require buildings to be well designed, use high quality materials and be of an appropriate scale.

81 The proposal seeks minimal alterations to the fabric of the original building. External alterations consist of recladding the exterior of the building in an insulated render and aluminium cladding system, introducing new window openings to the north, south and west elevations.

The cladding will considerably improve the external appearance of the building. There are a variety of materials within the immediate locality comprising, render, cladding and brick work and as such it is considered that the alterations will be in keeping with the appearance of the surrounding area.

The new full length aluminium window openings to the elevation facing Rockingham Street will give the building a greater vertical emphasis, which combined with the copper cladding between the windows will significantly improve the appearance of the building. Window openings in the second floor of the rear elevation, fronting Boden Lane, have been designed to reflect the existing first floor windows and similarly to the other windows have an industrial feel.

The scale and siting of the building will remain as existing and therefore views of the Conservation Area will be retained. The external alterations will improve the appearance of the building and therefore there will not be a detrimental impact upon the character of the Well Meadow Conservation Area.

Residential Amenities

Policy IB9 (b) states that new development should “not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions”

Policy IB11 “Housing and Residential Institutions in Industry and Business Areas” similarly states that development should (c) “not suffer from unacceptable living conditions, including air pollution, ground contamination, nearby hazardous installations, noise, other nuisance or risk to health and safety”

The area surrounding the site is mixed, comprising industrial and residential uses, there is the potential for noise and disturbance, particularly from the industrial uses and as such a noise assessment has been carried out in accordance with PPG24. The noise report identifies the main source of noise as being from road traffic, the site falls within noise exposure category C. PPG24 states that for category C “Planning permission should not normally be granted. Where it is considered that permission should be given, for example because there are no alternative quieter sites available, conditions should be imposed to ensure a commensurate level of protection against noise”.

It is considered that appropriate conditions can be attached to the application to ensure that living conditions for occupiers are acceptable. The noise levels are likely to be similar to those experienced at other developments nearby, such as Rockingham House. As a precedent for residential development in the area has been set, the noise issues are not considered to be a reason to prevent development of the site.

82 As the noise identified in the report was mainly from traffic, the introduction of living accommodation is unlikely to prejudice the activities of existing/future businesses and uses within the area. Fagan’s pub is sited immediately adjacent to the development site and owing to the nature of the use of this building there may be a degree of noise from patrons exiting the pub during the evening. This however, it unlikely to result in excessive disturbance owing to the scale of the pub and is a situation which is not dissimilar to other city centre developments. Furthermore, the pub finishes serving at 23.30, it is therefore likely that it will be shut by 00.30. The city centre Living Strategy states that in the St Georges Quarter bars will generally be permitted to open until 00:30, this guidance is in place to ensure that bars/pubs do not result in adverse living conditions for occupiers of nearby residential properties. As Fagan’s complies with these times, it will not result in an unacceptable relationship between the pub and the proposed development.

As the scale, siting and massing of the building is not being altered, the impact of the building in terms of overbearing and overshadowing will be no different to existing. The building will however be used for residential accommodation and has new window openings, as such it has a greater potential to overlook than existing. Nevertheless, adequate separation distances exist between the site and Rockingham House opposite and also with the site on the opposite side of Broad Lane to ensure that adequate privacy standards are provided.

All apartments will provide natural light and outlook, ensuring adequate living conditions for occupiers.

The development does not provide any dedicated amenity space; however the majority of flats do have a small balcony which allows them some outside space. Those without balconies, have fully opening glazed doors which will provide an element of outdoor amenity.

Highways

The development does not provide any off-street parking and does not have any space available for this (the area to the front of the building is outside the red line boundary). Nevertheless, 14 secure cycle spaces are to be created to the ground floor of the building and the site is in a very sustainable location in terms of its central location in close proximity to a range of amenities and service and excellent public transport links.

Access

Unitary Development Plan Policy BE7 “Design of Buildings Used by the Public” requires the provision of safe and easy access to buildings for people with disabilities. The access to the residential entrances will be level, with doors of an appropriate width to allow access for people in wheelchairs, thus meeting the requirements of policy BE7.

Policy H7 ‘Mobility Housing’ of the Unitary Development Plan states that a proportion of mobility housing will be encouraged except where the physical characteristics of the site make it impracticable. In this instance it is not possible to

83 provide/use the existing lift as this is within the lease of the window centre. Likewise, it is not possible to provide any disabled parking as there is no available room to provide this. As such the development will not be able to provide mobility housing and whilst this is not ideal it is highlighted that the development is a conversion of an existing building and therefore an exception can be made in this instance. Furthermore, the agent has expressed a desire to make the apartments accessible by lift and this will be possible when the lease on the window centre lapses.

Sustainability

Core Strategy Policy CS64 “Climate Change, Resources and Sustainable Design of Developments requires new buildings and conversions to reduce emissions of greenhouse gases and be designed to use resources sustainably. The policy encourages the re-use of existing buildings. As the development is a conversion it does not have to comply with Code for Sustainable Homes Level 3, nevertheless the applicant has produced a sustainability statement which clearly outlines a commitment to reduce greenhouse gases and use resources sustainably, these include the use of insulated render, reducing energy demand thorough the use of specialised lighting systems amongst other things and using energy efficient fittings.

Core Strategy Policy CS65 “Renewable Energy and Carbon Reduction” sets out objectives to support renewable and low carbon energy generation and also to further reduce carbon emissions. Policy CS65 requires new residential developments to provide a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy providing it is feasible and viable. The applicant has committed to this requirement and this will be secured via way of an appropriately worded condition. Part b of CS65 requires development to generate further renewable or low carbon energy or incorporate design measures sufficient to reduce predicted carbon dioxide emissions by 20%. This requirement is currently not required given the carbon reductions required through building regulations introduced in October 2010.

Open Space

Policy H16 of the Unitary Development Plan requires the developer to make a contribution to the improvement of recreation space in the locality, in line with details set out in the Supplementary Planning Guidance on Open Space Provision in New Housing Development and the City Centre Living Strategy. The financial contribution for this site amounts to £10,351.50 this will be used to provide/secure improvements to local open spaces.

1. The contribution is relevant to planning. 2. The contribution is essential for consent to be granted. 3. The contribution is proportionate to the scale of the development.

The contribution is to be made in line with the requirements of Policy H16, as outlined above. It is essential for a contribution towards Open Space within the locality to ensure an improved environment for occupiers of the proposed development. The contribution has been worked out on the basis of the number and size of units and thus is proportionate to the scale of the development.

RESPONSE TO REPRESENTATIONS

- The proposed development should not impact upon the functioning of Fagan’s pub; the apartments are to be suitably insulated from noise and will have an alternative means of ventilation. - Furthermore, owing to the opening times of the pub as detailed previously within the report and the scale of the pub, it is not anticipated that there will be a problematic relationship with neighbouring residential occupiers.

SUMMARY AND RECOMMENDATION

The proposed use complies with policies IB6, IB9 and IB11 of the Unitary Development Plan and CS3, CS4 and CS17 of the Core Strategy. The residential accommodation will provide adequate living conditions for occupiers and will not negatively impact upon the living conditions of nearby occupiers. Appropriate conditions will be attached to the application to ensure that residents do not suffer from unacceptable noise levels.

The alterations to the external fabric of the building will improve its appearance and are in line with UDP policies IB9 and BE5 and Core Strategy Policy CS74

The proposal is therefore recommended for conditional approval subject to the completion of a legal agreement.

Heads of Terms

1. A sum of £10,351.50 shall be paid to the Council towards the enhancement of open space within the catchment area of the site.

In the event that a satisfactory S106 planning obligation covering the Heads of Terms set out in the preceding paragraph is not concluded before 13th May (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

Case Number 11/00427/FUL

Application Type A Full Planning Application

Proposal Use of ground floor of building for the sale of take-away hot food (Use class A5 - Hot food takeaways), erection of new shop front and provision of external fume extraction equipment to the rear

Location 30 Bellhouse Road Sheffield S5 6HL

Date Received 08/02/2011

Team CITY CENTRE AND EAST

Applicant/Agent JKM Building Design Limited

Recommendation Grant Conditionally

Subject to:

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

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

2 The development must be carried out in complete accordance with the following approved documents;

Amended drawing no. 001P Rev A, emailed 26.03.2011

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

3 The ground floor shall be used for the above-mentioned purpose only between 1000 hours and 2300 hours, Sundays to Fridays including Public Holidays and only between 1000 hours and 2330 hours on Saturdays.

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

4 No deliveries to the building shall be carried out between 2300 hours to 0700 hours Mondays to Saturdays and 2300 hours to 0900 hours Sundays and Public Holidays.

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

5 The development shall not be used for the purposes hereby permitted, unless a scheme for the installation of equipment to control the emissions of fumes and odours from the premises is submitted to and approved by the Local Planning Authority. Such details shall include plans showing the location of the fume extract terminating 1 metre above eaves and shall include a low resistance cowl. Such equipment shall be installed, in accordance with the approved details and thereafter retained.

In the interests of the amenities of the locality.

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

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

7 The first floor of the building shall not be used for residential purposes, unless such persons are employees of the business operating at ground floor level.

In the interests of the amenities of future occupants.

Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas BE5 - Building Design and Siting

The use of the ground floor of the building as a hot food takeaway is considered acceptable in principle and will accord with UDP Policy S7. The loss of an A1 use will not undermine the dominance of A1 units within the District Shopping Centre.

The design of the proposed extended shop front is considered acceptable in terms of scale, form and detail and will not detract from the character of the existing building and will not compromise the street scene.

The site is sufficiently distanced away from local residents, such that they will not be adversely affected. Furthermore, the proposed hours of opening are not excessive but consistent with other premises within Shopping Centres.

88 It is on this basis that the proposed development is considered acceptable and will accord with UDP Policy S7, S10 and BE5.

89 Site Location

90 LOCATION AND PROPOSAL

The application site lies within the Firth Park District Shopping Centre as defined in the Unitary Development Plan and relates to a two-storey building, positioned mid- way within a parade of units, fronting onto Bellhouse Road. Currently, the building is vacant but was previously used as a men’s hairdressers, ‘Graham’s Barbers’ at ground floor and the upper floor was used as a ladies hairdressing salon.

Immediately adjacent to the site, to the south, is a covered way, which provides pedestrian access to a rear yard, which contains a single-storey off-shot extension and provides adequate space for bin storage. A means of vehicular access is gained to the rear of the premises via a lane, which is accessed from Firth Park Crescent.

The site is bounded by commercial premises to the north, south and west and residential properties to the east. Immediately adjacent to the site, to the north are the premises ’Martyn Kemp Opticians’ and to the south, ‘Petcare’ shop unit. The site is bounded by commercial units to the west, many of which have residential accommodation above and dwellinghouses to the east.

Planning permission is sought to use the ground floor of the building for the sale of take-away hot food, the erection of a new shop front, and the provision of an external fume extraction to the rear of the building.

RELEVANT PLANNING HISTORY

There is no relevant planning history relating to this site.

SUMMARY OF REPRESENTATIONS

Two letters of objection have been received. Comments include the following:-

- Sufficient hot food take-aways in the local area; - would like proper shops; - detrimental to traders and neighbours owing to late night trading; - litter; - noise; - would lead to residents having to shop further afield; - lead to more shops closing and more take-aways; and - note degeneration of shops in Page Hall.

A petition has been submitted, containing 585 signatures. Local business and residents object on the basis that they do not need another take-away in Firth Park Shopping Centre. A covering letter also lists the number of take-away facilities.

PLANNING ASSESSMENT

Land Use Policy

91 The application site lies within a District Shopping Centre, as defined in the Unitary Development Plan and as such, UDP Policies S7 and S10 would apply. UDP Policy S7 identifies shops (Class A1) as the preferred use but does permit other uses, such as food and drink outlets (Class A5 – hot food takeaways). The proposed use is therefore considered an acceptable use in principle.

UDP Policy S10 states that a proposal would be acceptable subject to it not leading to a concentration of uses, which would prejudice the dominance of the Preferred uses in the Area. An Audit of the land uses within the Shopping Area indicates that there are currently 64% of units in A1 (retail) use and A3 – A5 uses account for 11%. Currently, the vacancy level within the area is 11%, which is reflective of other district centres in the City. These figures demonstrate that the proportion of A1 uses to non-A1 uses is higher and exceeds 50%. The vacancy level is not excessive and also consistent with other shopping centres. It is therefore considered that the loss of this A1 unit to an A5 use will not result in a significant reduction in the dominance of retail uses within the Centre and as such, will accord with UDP Policy S10.

Design/Visual Amenities

UDP Policy S10 (e) requires the development to comply with Policies for the Built and Green Environment, as appropriate, and in this case UDP Policy BE5 will be relevant. UDP Policy BE5 requires that development be of good design and be constructed using good quality materials.

The proposal, as amended, involves a single-storey front extension, which will comprise of a typical shop front, incorporating a powder coated aluminium stallriser and frame with large display windows and an entrance door in the centre. At fascia height will be a perforated roller shutter housing unit, which will not project forward of the new shop front. The extended shop front, which is simple in design, will not appear bulky or visually obtrusive in the street. The shop front represents an improvement on the existing and will enhance the appearance of the building.

To ensure ease of access, a condition will be imposed requiring a level threshold to be provided.

Given the above, the design of the proposed extension is considered acceptable in terms of scale, siting, form, and detail and will therefore accord with UDP Policy BE5.

Effect on Residential Amenities

Since the proposal seeks a change of use from A1 to A5, the effect of the proposal on residential amenity should also be assessed. Of particular reference is UDP Policy S10 (b) which states that residents or visitors in any hotel, hostel, residential institution or housing should not suffer from unacceptable living conditions, including air pollution, noise, other nuisance or risk to health or safety.

The first floor of the building is vacant and was previously used as a ladies hairdressers. Commercial units exist either side of the application site, of which

92 neither are used for residential purposes on upper floors. The nearest residents are those occupying upper floors of other commercial units within the parade and residents of dwellinghouses located to the east of the site. The degree of separation between the site and the nearest residents is considered be sufficient to ensure that the proposed use will not have a detrimental impact.

The use of the premises for food and drink purposes will inevitably create a certain amount of odours. It will therefore be necessary to install an adequate fume extraction system, to prevent smells eminating from the ground floor unit. There is the potential to install a fume extraction system at the rear of the building. In order to ensure an adequate and appropriate fume extraction system is installed prior to the commencement of the development, a condition will be attached requiring details to be submitted and the extraction system be installed and retained thereafter.

The activities associated with the proposed use would generate some noise as a result of people entering and leaving the building, activities taking place within the building, including noise from visiting members of the public and potentially more traffic movements. However, the intended hours of opening are 1000 hours to 2300 hours, Sundays to Fridays (including Public Holidays) and 1000 hours to 2330 hours on Saturdays. The hours of opening are not considered to be excessive and are reasonable and consistent with many hot food retailers within shopping centres. Given that there are no immediate residents, the proposed hours of opening are unlikely to cause disamenity and are therefore considered acceptable.

For the reasons given above, the proposed development will accord with the UDP Policy S10.

Highway Issues

UDP Policy S10 (f) states that a change of use will be permitted provided that it would be served adequately by transport facilities and provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians.

The site is located within Firth Park District Shopping Area, where it is well served by public transport, hence the proposal does not raise any highway implications.

RESPONSE TO REPRESENTATIONS

Concerns have been raised about the type of use proposed and that there are a number of hot food take-aways within the vicinity. UDP Policy S10 serves to ensure that the dominant use within the shopping area is A1 (retail). This issue has been addressed earlier in the report.

In respect of the litter situation, it is anticipated that the existing litter bin positioned at the front of the premises within the footway, will alleviate the problem.

SUMMARY AND RECOMMENDATION

93 The use of the ground floor of the building as a hot food takeaway is considered acceptable in principle and will accord with UDP Policy S7. The loss of an A1 use will not undermine the dominance of A1 units within the District Shopping Centre.

It is on this basis that the proposed development is considered acceptable and will accord with UDP Policy S7, S10 and BE5 and therefore recommended for approval.

Case Number 11/00394/FUL

Application Type A Full Planning Application

Proposal Use of site as temporary car park

Location Plot V Europa View Sheffield Business Park Phase I Sheffield

Date Received 03/02/2011

Team CITY CENTRE AND EAST

Applicant/Agent Turley Associates (Leeds)

Recommendation Grant Conditionally

Subject to:

1 The use shall cease on or before 23rd May 2014.

A permanent consent for a surface level car park would be an inefficient use of land for this site and would be contrary to the Council’s long term aspirations to promote sustainable transport methods at Sheffield Business Park.

2 The amount of car parking spaces shall be restricted to 100 spaces, including 94 standard spaces and 6 disabled spaces.

In the interests of limiting commuter car parking and defining the permission.

3 Unless otherwise agreed in writing by the Local Planning Authority, before the temporary car park is brought into use, a car park management plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall include details of a proposed percentage allocation of the car parking spaces that will be allocated and available to car sharing users only as well as a phasing and management plan detailing how the 100 car parking spaces will be reduced to a total of 25 spaces before the expiry of this permission. This reduction shall occur in the final year of the permission and the 25 spaces shall be achieved at least 3 months before the date of expiry.

In order to promote sustainable transport methods and help influence workers travel methods in anticipation of the expiry of this short-term car parking facility.

95 4 The development must be carried out in complete accordance with the following approved documents;

Drawing Title: Site Layout (Dwg. No. PL002 Rev. B)

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

IB6 - Development in Fringe Industry and Business Areas CS53 - Management of Demand for Travel

It is considered that this proposal is contrary to relevant policy CS53 by virtue that it promotes car parking on the site and does not encourage sustainable travel methods. It also installs unrestricted car parking on the Business Park which further exceeds the parking provision within this site and the maximum parking guidance figure. It is argued, however, that an increase in parking is required to help retain, satisfy and encourage occupiers until major improvements to the site’s public transport infrastructure and economic climate improve.

It recommended that the application be approved and a balance struck between the long-term policy aspirations for sustainable travel methods and a short-term understanding. It is felt that the Council must show an element compassion within the principles of no additional long-term parking and it is considered that the new car park which is proposed for a temporary period and on land that is identified as a development plot is, on balance, a reasonable solution to current identified pressures in the existing economic climate in order to support business and ensure that jobs stay in the Sheffield.

Therefore, whilst contrary to Policy CS53, it is recommended that the Council accepts the proposed car park facility for the temporary 3-year period proposed, subject to relevant conditions attached.

96 Site Location

LOCATION AND PROPOSAL

This application relates to part of Site V of Zone 4 at Sheffield Business Park Phase 1. This is a level piece of land that is vacant and one of the remaining undeveloped plots on Phase 1. The site area is located towards the eastern end of the Business Park and in terms of immediate surroundings the site is bounded by Europa Link to the north and Europa View to the south. There are existing office buildings beyond the east and west boundaries, which include esg. and SIG. The site is one of the remaining vacant plots on Phase 1.

This application seeks planning permission to use the vacant plot as a surface car park for a temporary period of 3 years. It is proposed that this car park will accommodate 100 car spaces including 6 disabled bays. The land will be covered with a layer of hardcore and bitumous tarmacadam (in parts) to form the surface of the car park. Vehicle and main pedestrian access to the car park will be from Europa View.

The applicant has advised that the need for this temporary car park has come about because of a rise in the demand for car parking as Phase 1 of the Business Park has been built out and successfully occupied. It is also the case that they are facing very stiff competition for retaining and attracting occupiers. It is advised that the Business Park is currently enforcing a no street parking strategy, which in the current economic climate is impacting directly on occupiers and their occupational decisions both immediately and their future plans for job creation. The Business Park have received direct feedback from companies who are looking to consolidate on the Park and increase employment numbers but have major concerns about the availability of staff parking. Whilst it is appreciated that there is a need to balance modes of transport it is argued that there is an immediate economic case to ensure existing occupiers are retained and new ones are attracted to Sheffield Business Park.

RELEVANT PLANNING HISTORY

98 There is no specific planning history relating to this parcel of land.

Members are advised that the surrounding vacant land to the north and south-west has been subject to planning applications in the recent past. However, the extant permissions have not been implemented due to the downturn in the economic environment and reluctance to build speculatively.

SUMMARY OF REPRESENTATIONS

There have been 4 representations of support received from representatives of existing companies located on the Business Park. In summary they state:

- There is a severe lack of parking available, which is causing problems for employees and visitors.

- The lack of parking is resulting in a number of vehicles parking on the road, causing obstruction to large vehicles and a hazard to pedestrians.

- The public transport to the area is poor with some people forced to travel to the city centre from their home address to catch a bus to the Business Park. The employment catchment area extends beyond the public transport provision.

- The feeder roads and main access roads are less than cycle-friendly.

- Original assurances that transport links would be excellent and that the Supertram route would extend to the Business Park have never materialised. Therefore the majority of employees commute by car. Some employees come from far afield and do shift work therefore car sharing is not a viable option. The existing office car park cannot meet demand.

- Due to cost and inconvenience, companies will start to look elsewhere.

PLANNING ASSESSMENT

Policy Issues

The application site is allocated within a ‘Fringe Industry and Business Area’ in Sheffield Adopted Unitary Development Plan (UDP). Therefore, Policy IB6 of the UDP which relates to ‘Development in Fringe Industry and Business Areas’ is considered to be relevant. This policy identifies car parks as an acceptable use in this area therefore the principle of development is acceptable at this location, subject to it complying with other most relevant policies.

Highway Issues

The main policy to consider in the assessment of this Policy CS 53 of the Sheffield Development Framework’s Core Strategy document relates to ‘Management of Demand for Travel’. This includes a package of measures to make better use of road space and encourages greater reliance on good quality public transport at peak periods. It also promotes more efficient and sustainable use of vehicles

99 through car clubs, car sharing schemes etc. and the management of public car parking to reduce long-stay commuter parking in favour of short-stay as well as the provision of long-stay park-and-ride facilities near the edge of the main urban area.

Members should be aware that officers consider the current application to be contrary to the above policy. The new parking provision proposed exceeds the Council’s maximum parking guidance figure for the Business Park and it will increase the amount of parking available to workers that could otherwise travel to work by alternative means on a daily basis. The additional car parking is proposed to accommodate some parking which is currently occurring on internal access roads (and being enforced by the applicant) and the surrounding public highway, but, an increase in parking availability is likely to encourage more cars to the Business Park. Clearly, this is considered to be a less than an ideal solution for managing the demand for travel and promoting sustainable travel methods.

Notwithstanding this, however, the current circumstances and demands being imposed on the applicant – in order to help retain, satisfy and encourage occupiers – are also recognised by officers. In the current economic climate it is acknowledged there is very stiff competition for occupiers and a risk of losing or not attracting them if they cannot accommodate the required needs.

It is argued that the existing public transport provision at this site does not provide a realistic option for most workers at this out-of-centre location. Members are advised that significant improvements to the public transport provision are proposed as part of the Travel Plan measures and S106 legal agreement for Sheffield Business Park Phase 2 (formerly known as Blue Skies and proposed comprehensive redevelopment of the former Sheffield City Airport site). This proposal included additional funding and support for the South Yorkshire Passenger Transport Executive to help significantly enhance bus services, which will hopefully benefit the entire site (Phase 1 and 2) when delivered. However, the current economic circumstances have hindered the anticipated pace of development and demand on the Business Park, which in turn has delayed the implementation of Phase 2, occupancy on site and delivery of the anticipated Travel Plan measures and S106 funds.

The current bus service has a 30 minute frequency which is not attractive and it is advised that services really need to run at 20 minute intervals to be attractive to commuters. However, SYPTE has indicated that existing limited demand for the A1 bus service means that service frequency will not be increased until it can become self-sustaining and this is unlikely to occur until such a time as significant development takes place as part of Phase 2 and demand increases.

With regard to cycling, for many the Business Park is not a cyclable distance despite the fact from the city centre the route is flat, mainly off road and can be cycled in 30 – 40 minutes.

In addition to the above, the applicant has advised that as well as enforcing the internal access roads they have approached the Council to resolve on-street car parking issues occurring on the adopted highway around the junctions of Europa Link, Europa View and Europa Court. This parking is causing problems for the free-

100 flow of vehicles (including the A1 bus) and pedestrians. The applicant has agreed to pay for a Traffic Regulation Order and yellow lining in this area and the Council’s Highway Technicians are currently in the process of assessing the merits of this proposal.

The existing difficulties are acknowledged by officers and the limitations of the current transport facilities are noted. Overall, it considered that there needs to be a balance reached between the long-term policy aspirations for sustainable travel methods and a short-term understanding that the Council must be sympathetic to current pressures in the existing economic climate. Ultimately, it is necessary to ensure that jobs stay in the Sheffield and do not get attracted elsewhere. Therefore, on balance, whilst contrary to Policy CS 53 it is recommended that the Council accepts the proposed car park facility for the 3-year period proposed. It is noted that the car park is to be built on a vacant piece of land, which will ultimately be used as a future office development site when demand requires and therefore it is considered that this will help to ensure the temporary nature of the proposal.

The proposed layout and design of the car park facility is considered to be acceptable for the temporary period proposed.

Members are advised that this proposal is considered acceptable for only a short- term period and it is not a long-term solution. It is expected that more development on the Business Park will trigger better public transport and better travel planning. The behaviour of staff will have to change as these facilities improve.

It is proposed that a condition be attached to any approval which requires that the amount of car parking available be reduced at an agreed rate during the third and final year of the approved period: for example, a reduction of 25 spaces per quarter. It is considered that this way forward will maintain some control over the amount of parking, help influence travel modes of staff and ensure there are not 100 additional cars with nowhere to park when the permission expires. It is also proposed that a percentage of the proposed spaces be restricted to use by car- sharers in order to try and promote more sustainable method of travel and ultimately attempt to keep car travel down. It is recommended that the applicant puts a reasonable percentage proposal to the Council for consideration and approval via condition.

RESPONSE TO REPRESENTATIONS

It is considered that the majority of representations have been addressed in the main body of this report. However, it is considered that the following is worthy of note:

Notwithstanding the proposed positive recommendation, it is considered that this application is a clear indication that occupiers of the site must increase their efforts to assist Sheffield Business Park’s Management by developing and embracing their own car park management strategies to reduce the pressures currently being experienced, such as registering for car sharing via the Business Parks car share website. A galvanised approach by existing and new companies in the area will help to change their staff’s travel behaviour.

101

In response to the point about less than desirable cycle routes, it is advised that the Council will be running a project at the Business Park in the summer to encourage more cycling and the cycle-friendly routes from the surrounding areas.

SUMMARY AND RECOMMENDATION

This application seeks planning permission to use a vacant plot as a surface car park for a temporary period of 3 years. It is proposed that this car park will accommodate 100 car spaces including 6 disabled bays.

It is considered that this proposal is contrary to relevant policy CS 53 by virtue that it promotes car parking on the site and does not encourage sustainable travel methods. It also installs unrestricted car parking on the Business Park which further exceeds the parking provision within this site and the maximum parking guidance figure. The applicant argues however, that an increase in parking is required to help retain, satisfy and encourage occupiers until major improvements to the site’s public transport infrastructure and economic climate improve.

It recommended that the application be approved and a balance struck between the long-term policy aspirations for sustainable travel methods and a short-term understanding. It is felt that the Council must show some compassion within the principles of no additional long-term parking and it is considered that the new car park which is proposed for a temporary period and on land that is identified as a development plot is – on balance – a reasonable solution to current identified pressures in the existing economic climate in order to support business and ensure that jobs stay in the Sheffield.

Therefore, whilst contrary to Policy CS 53, it is recommended that the Council accepts the proposed car park facility for the temporary 3-year period proposed, subject to relevant conditions.

102

Case Number 11/00389/FUL

Application Type A Full Planning Application

Proposal Use of building for A3 use (Restaurants and Cafes) and provision of an extraction flue

Location Prego Unit 7 The Plaza 8 Fitzwilliam Street Sheffield S1 4JB

Date Received 02/02/2011

Team CITY CENTRE AND EAST

Applicant/Agent White Design

Recommendation Grant Conditionally

Subject to:

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

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

2 Before the 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

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:

103 Bedrooms: Noise Rating Curve NR25 (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 of the residential occupiers of the building.

3 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.

4 The building shall only be used for the above mentioned purpose between 0900 hours and 0000 hours on any day.

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

5 No amplified sound shall be played within the building except through an in- house amplified sound system fitted with a sound limiter, the settings of which shall have received the prior written approval of the Local Planning Authority.

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

6 No deliveries to the building shall be carried out between 2300 hours to 0700 hours Mondays to Saturdays and 2300 hours to 0900 hours Sundays and Public Holidays.

104

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

7 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.

8 Prior to the installation of any apparatus for the arrestment and/or discharge of kitchen fumes and odours, written details thereof shall have been submitted to and approved by the Local Planning Authority. After installation, such equipment shall be retained, operated and maintained for the purpose for which it was installed.

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

9 The development must be carried out in complete accordance with the following approved documents;

Drawing refs: 0123 10 02 001 Rev B; 0123 10 02 002; 0123 10 02 003 and White Design’s Design and Access Statement all received on 2/2/2011

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

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

In order to ensure that waste is dealt with appropriately.

11 There shall be no outdoor seating associated with the unit.

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

105

Attention is drawn to the following justifications:

H10 - Development in Housing Areas

The use of unit 7 as a restaurant is an acceptable land use in principle and complies with Policy H10 of the UDP.

106 Site Location

107

LOCATION AND PROPOSAL

The application site comprises of a large retail unit located at the western end of The Plaza, the ground floor retail/commercial centre at the northern end of the largely residential West One complex. The unit, which has an elevation facing onto Cavendish Street, was formerly occupied by a designer furniture store known as Prego.

There are currently twelve units facing onto The Plaza, and a thirteenth located at the junction of Convent Walk and Cavendish Street. Seven of the thirteen (61.5%) are already in A3/A4 (restaurant/café/bar) use

Planning permission is sought for the change of use of the former furniture store (Class A1) to a restaurant (Class A3), including the provision of an extraction system. The premises, which would comprise of a restaurant at ground and mezzanine level with a small bar area, would accommodate approximately 86 customers.

RELEVANT PLANNING HISTORY

09/02736/FUL Planning permission was granted in January 2010 for the change of use of unit 14 from retail (formerly Budgens) to a restaurant (Use Class A3), including formation of external seating area.

08/04888/FUL Planning permission was granted in December 2008 for the change of use of unit 12 from a retail unit to a restaurant (Use Class A3).

08/03045/FUL An application to extend the opening hours at unit 3 (Bar 23) until 0000 hours was approved in August 2008.

108 07/01862/FUL Permission was granted in October 2007 for the extension of opening hours at units 1 and 2 (Revolution) to 0800-0030 hours Monday-Saturday and 0900-0030 hours Sundays and public holidays.

07/01727/CHU An application for the change of use of units 11 and 12 from retail (A1) to a bar/restaurant (A3/A4) was withdrawn in October 2007.

06/03519/CHU In November 2006, planning permission was granted for the use of unit 5 as an extension to an estate agents (A2).

06/02884/CHU Planning permission was refused in October 2006 for the change of use of units 11 and 12 from retail (A1) to a bar/restaurant (A3/A4) for the following reasons:

‘The local planning authority consider that the use of the site for food and drink purposes (Use Class A3/A4) would result in an unacceptable degree of noise, smells and general disturbance to the occupiers of neighbouring residential properties. In these respects the proposal is contrary to Policy H14 of the Unitary Development Plan.’

This decision was upheld at appeal.

06/02865/CHU An application for a temporary outside seating area at units 1 and 2 (Revolution) for restaurant/bar purposes (A3/A4) between 0900 and 2230 hours daily was approved in March 2007.

06/02190/FUL An application to vary condition no. 2 (as imposed by planning permission 05/03077/FUL) to extend the opening hours of the bar/restaurant at unit 3 until 0000 hours was approved on 22 August 2006.

05/03077/FUL Planning permission for the use of unit 3 as restaurant (A3) and bar (A4) with a 2300 hours closing time was granted on 23 September 2005.

05/01183/CHU The use of unit 3 and part of unit 2 as a restaurant (A3) was approved on 19 July 2005. A 2300 hours closing time was conditioned.

05/00561/CHU The use of West One’s former leisure and fitness suite (The Cage) as offices (B1) was granted on 1 June 2005.

03/01573/CHU An application for outside seating areas in association with Class A3 purposes (food and drink) was approved on 5 August 2003. Conditions were imposed requiring the seating areas to units 1 and 2 to be used only between 0900 hours and 1930 hours on any day and, at units 8/9, 10, 13 and 15 to be used only between 0800 hours and 2230 hours on any day.

00/01269/FUL The West One application, for the erection of flats, basement car parking, retail units (A1), offices (A2), restaurants/bars (A3), leisure (D2) medical centre (D1) and crèche (D1) (amended scheme) was granted planning permission on 22 February 2001. Condition 22 of the approval required no more

109 than 33% of the proposed retail units/floorspace to be occupied by A3 (food and drink) units (In order to comply with the Devonshire Quarter Action Plan Policies).

SUMMARY OF REPRESENTATIONS

Five letters of objection were received in connection with the proposed development including one from Councillor Jillian Creasy. The concerns raised include:

- The lack of internal storage space for food and bins which could lead to the bins being left on Cavendish Street, as has happened in the past.

- The noise from deliveries and waste/glass collection will be harmful to the amenities of local residents.

- The original planning consent for West One stated that a percentage of the outlets should be in retail rather than food and drink use in order to encourage daytime use. The fact that this has been contravened on previous occasions does not make it right to do so again.

- There are too many bars and restaurants in this part of the Devonshire Quarter, which is largely residential in character.

- The application site is on the cusp between the established night time economy and predominantly residential uses, and the night time economy is being allowed to creep steadily outwards. This process must stop.

- The late night noise from customers leaving the premises will disturb people sleeping in nearby apartments, including those above the Glossop Road Baths on the opposite side of Cavendish Street.

- Unit 7 was not designed to accommodate food deliveries, waste removal and odour extraction. The latter will take place on Cavendish Street adding to the noise and disturbance experienced by neighbouring residents.

- Unit 7 was not designed to accommodate an outdoor seating area.

In addition, two letters of support were received, including one from Blundells who occupy the unit opposite. The comments include:

- Empty units are unsightly and affect the atmosphere and trade for tenants within the development.

- The development lends itself to bars and restaurants and will bring more passing trade for all businesses if it can be let as such.

PLANNING ASSESSMENT

Land Use Issues

110 The application site lies within a Housing Area and a Housing Priority Zone as defined in the Unitary Development Plan (UDP). Policy H10 of the UDP (Development in Housing Areas) describes housing as the preferred use of land in such areas. Food and drink uses are considered to be acceptable provided that they are not so large or numerous that they cause disturbance to people living there.

Policy H14 of the UDP (Conditions on Development in Housing Areas) states that new development or changes of use will be permitted provided that they: occupy only a small area and will not lead to a concentration of non-housing uses, which would threaten the residential character of the area; not lead to air pollution, noise, smell, excessive traffic levels or other nuisance or risk to health and safety for people living nearby; and be on a scale consistent with the residential character of the area.

The City’s Core Strategy reinforces the important role the city centre plays in meeting future housing needs. Policy CS27 (Housing in the City Centre) identifies areas in which the expansion of housing will be encouraged, including the area around Devonshire Green. The locations identified in the Core Strategy are those where the environmental and locational benefits are considered greatest and where the needs of residents would not conflict with other uses.

Although in a Housing Area the shop forms part of the West One Plaza, considered as an extension to the Devonshire Street and West Street/Glossop Road shopping areas. National Planning Policy Statement 6 supports all types of Class A development in centres and does not distinguish A1 from A3 uses except in primary frontages (i.e. Fargate) where there should be a high proportion of retail uses. PPS6 states that secondary frontages e.g. West Street provide greater opportunities for flexibility and a diversity of uses.

The proposed restaurant is therefore considered to be an acceptable land use in principle, though the cumulative impact of food and drink uses has the potential to threaten the residential character of the area and have a harmful impact upon the amenities of those residents living in the immediate vicinity.

Amenity Issues

The City Centre Living Strategy (April 2004) describes the Devonshire Quarter as ‘the most active and varied housing development area, with a healthy mix of housing for sale and social or private rent and student flats, catering for families and single people’. The area to the west of Fitzwilliam Street is identified in the Devonshire Quarter Action Plan as the best location for family housing in the city centre, owing to its proximity to open space (Devonshire Green) and to a primary school (Springfield).

Guideline 8 of the City Centre Living Strategy (CCLS) expects planning submissions involving potentially noisy uses to submit a scheme of works to address noise problems and states that planning permission will be refused for developments that are unable, through design, technical measures or separation, to prevent noise and disturbance from affecting residents. The Council’s

111 Environmental Protection Service have raised concerns regarding the potential for the development to adversely affect the amenities of residents both through noise and odour, however they have recommended a series of conditions designed to limit the extent of the impact.

While a scheme of sound attenuation works can prevent significant noise breakout from the proposed premises, there is little that can be done to control the noise generated by people leaving the site at closing time. However, the characteristics of a restaurant are considered to be different to a bar, as the dispersal of people from a restaurant is likely to be more spread out and people are less likely to congregate outside a restaurant.

The Night-time Uses Interim Planning Guidance (IPG) states that ‘people living in the City Centre cannot expect to experience the same levels of quiet as the more suburban parts of the City’. Nevertheless the guidance identifies two controlled areas where opening times should be restricted owing to the residential character of the area. West One falls within the Devonshire Quarter Controlled Area and thus the opening time of the unit would be limited to 12.30 am in line with the IPG.

On balance it is considered that the proposed controls on noise, odour and hours of use should prevent the proposed change of use from harming the amenities of neighbouring residents.

Mixed Use/Vitality Issues

West One was conceived as a largely residential, mixed use development with a shopping precinct at the northern end of the site to tie in with the Devonshire Street and West Street/Glossop Road shopping areas. When planning permission was granted, a 30% restriction was imposed on the amount of food and drink units (condition 22) in order to comply with the principles of the Devonshire Quarter Action Plan which seeks to protect specialist shopping uses in the area, in the face of strong pressure from food and drink uses, by restricting the level of non- shopping uses.

The 30% limit has since been exceeded with almost 67% of units facing onto the Plaza currently in or having permission for food and drink use. Unit 7 has been vacant since the summer of 2010 but has been marketed for approximately 3 years. Though the marketing campaign has taken place during one of the worst economic recessions in recent history, the applicant has argued that there is no demand for A1 in this location.

On balance, and in light of recent decisions - including the granting of consent for the use of unit 14 (formerly Budgens) as a restaurant – it is considered that the 30% limit on food and drink uses can no longer be upheld and that the proportion of food and drink uses has damaged the viability of The Plaza’s retail offer.

RESPONSE TO REPRESENTATIONS

The majority of issues have already been covered in the report. In terms of servicing, there is a loading bay on Cavendish Street adjacent to the back of this

112 unit. Bin storage is catered for internally and accessed via service doors into the back of the unit. Details of extraction have been submitted and indicate a louvred extract onto Cavendish Street. There is no external seating area proposed at this stage.

SUMMARY AND RECOMMENDATION

The use of unit 7 as a restaurant is an acceptable land use in principle and a well designed extraction system and scheme of sound attenuation works should prevent significant loss of amenity for neighbouring residents. Moreover, the dispersal of people from a restaurant is less likely to cause nuisance to residents than those from a bar.

It is suggested that the increasing proportion of food and drink outlets has diminished passing trade and resulted in The Plaza’s downfall as a retail destination. Therefore on balance, and subject to the proposed conditions, it is recommended that Members grant consent for the use of unit 7 as a restaurant.

113

Case Number 11/00246/REM

Application Type Approval of Reserved Matters

Proposal Erection of 10 no. warehouse/business (B1 b, c)/general industrial units with associated access roads, service yards and parking (application for approval of access, appearance, landscaping, layout and scale of part of scheme previously approved under reference 08/05749/OUT)

Location Land Between Lock Lane And 303 Sheffield Road Tinsley Sheffield S9 2FY

Date Received 25/01/2011

Team CITY CENTRE AND EAST

Applicant/Agent Eastwood & Partners

Recommendation Grant Conditionally

Subject to:

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

In order to ensure an appropriate quality of development.

2 The approved landscape works shall be implemented prior to the use of the development commencing or within an alternative timescale to be first agreed with the local planning authority. Thereafter the landscaped areas shall be retained and shall not be used for any other purpose without the prior consent of the Local Planning Authority. They shall be cultivated and maintained for a period of 5 years from the date of implementation and any plant failures within that five year period shall be replaced.

In the interests of the amenities of the locality.

3 The buildings shall not be used unless the car parking accommodation for 81 cars as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

4 The buildings shall not be used unless turning space for vehicles has been provided within the site in accordance with details shown on the approved plans and thereafter such turning space shall be retained.

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

5 Prior to the buildings being occupied the and prior to the following items been constructed details shall have been submitted to and approved by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details. - Design of the weld mesh fence. - Design of the bin stores, cycle stands and covers - Depth of reveal to corner feature glazing.

In the interests of the amenities of the locality.

6 The photovoltaic panels shall be installed before the buildings are occupied.

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

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

In the interests of the amenities of the locality.

8 The development must be carried out in complete accordance with the following approved documents;

32539/022 Rev A, 023 Rev A,024 Rev A, 025 Rev A,026 Rev A, job 390 VAN 02

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

115 1. The decision to grant permission and impose any conditions has been taken having regard to the relevant policies and proposals from the Sheffield Development Framework and the Unitary Development Plan set out below:

IB6 - Development in Fringe Industry and Business Areas IB9 - Conditions on Development in Industry and Business Areas CS3 - Locations for Office Development CS65 - Renewable Energy and Carbon Reduction

The principle of developing this site for industry and warehousing has already been established by the previous outline permission and the proposed uses are consistent with the development plan. The detailed design, landscaping, layout, and access arrangements submitted as part of this application are considered to be acceptable and secure a reasonable quality scheme. Noise conditions on the outline permission will safeguard residential amenity and the scheme has been designed to take into account the construction of the Tinsley Link. The development will secure the regeneration of a prominent site and bring forward employment benefits

116 Site Location

117

LOCATION AND PROPOSAL

The application site occupies an area of 1.5 hectares and is located on the north side of Sheffield Road opposite the junction with Ferrars Road. It forms part of a large cleared and reclaimed site that has outline planning permission for business, industry and warehousing buildings.

The site is level but falls away to the north towards Lock Lane and the railway line. Most of the site frontage was landscaped as part of reclamation and enabling works for the larger site, there are a number of advert hoardings along the Sheffield Road frontage.

To the south of the site and on the opposite the side of Sheffield Road there are housing and industrial uses. To the east the site adjoins industrial uses and to the west there is vacant land that is reserved for the construction of the Tinsley Link with more cleared land for business and industrial development further to the west.

The application is seeking permission to construct 10 business, industrial, warehouse units in two separate buildings. The development is speculative and consequently the occupiers are not known. The buildings are positioned parallel to Sheffield Road, with one behind the other and a servicing/parking courtyard between. The building nearest Sheffield Road is set back 40m from the road and 40m deep by 80m long providing approximately 3450 sqm of floorspace. The second building is approximately 30m deep by 85m long and provides approximately 2500 sqm of floorspace.

The buildings are faced in grey/silver metal cladding with both a sinusoidal profile and Micro-Rib profile. Ancillary office space is provided in each unit which is served by clerestory windows. The loading doors are identified with blue portico surround. The corner of the unit closest to Sheffield Road has been chamfered to respond to the proposed new Tinsley Link junction. This corner of the building will be faced in dark grey ceramic tiles and incorporate large scale powder coated

118 window openings. The south facing roof panels will incorporate banks of photovoltaic panels.

RELEVANT PLANNING HISTORY

Outline planning permission was granted in May 2009 for the erection of buildings for business, general industry and storage and distribution (use classes B1, B2 and B8) with structural landscaping and riverside footpath, application 08/05749/OUT. The application site is included within this permission.

SUMMARY OF REPRESENTATIONS

Rotherham Metropolitan Borough Council has raised no objections to the proposal.

PLANNING ASSESSMENT

Policy Issues.

The application site lies within a Fringe Industry and Business Area on the Unitary Development Plan Proposals Map. Preferred uses are business B1, general industry B2 and warehouses B8 (Unitary Development Plan policy IB6). The application proposal is therefore in accordance with the policy guidance for this site.

Core Strategy policy CS 3 identifies priority locations for offices and seeks to ensure that development within the City Centre and at its edge should include at least 65% of total office development in the city. This is in order to secure the regeneration of the city centre and provide office development in the most accessible locations. The application site in not identified as one of the priority locations. There is a condition on the outline permission for this site limiting B1 office floor space to a maximum of 5000 sqm which secures compliance with this policy.

Sustainability.

The sustainability considerations of developing this site for the uses proposed were considered during the outline application. Conditions were also applied requiring the buildings to be designed to meet BREEAM Very Good and for renewable energy to be provided in accordance with requirements of Core Strategy Policy CS 65.

The applicant has confirmed that the buildings will be designed to meet BREEAM Very Good. They are proposing to meet the renewable energy requirements by providing approximately 100m2 of photovoltaic panels on the south facing roof slopes. As these roofs will be faced in metal cladding in any case, the visual impact of photovoltaic panels is considered to be acceptable. They will generate 18% of the predicted energy needs of a notional building, which is in excess of the policy requirement. The building regulations have recently changed and the current building regulations will satisfy the carbon dioxide reductions required by policy CS 65.

119

Design Issues.

The north side of Sheffield Road immediately to the east of the site is characterised by large scale industrial buildings located fairly close to the back edge of footpath. There was also large scale industrial buildings on the application site in the past. In this context the scale of the proposed buildings is not considered to be out of character with the area. The design and access statement attached to the outline permission set scale parameters for the different building uses; these are controlled by a planning condition. The submitted scheme is consistent with parameters except that general industrial buildings were limited to 3000 sqm and one of the proposed buildings is 3450 sqm. Whilst one building exceeds this parameter it should be noted that it contains 6 separate units. Also larger warehouse buildings are permitted under the existing parameters constraints on this site. As explained below it is considered that the scale of buildings proposed is acceptable and therefore this should not be a reason for opposing this application. A separate application has been submitted to vary the relevant condition of the outline application.

In this case the building nearest to Sheffield Road is set back approximately 40m from the site frontage. The distance to the nearest residential properties on the south side of Sheffield Road is approximately 60m. The nearest building is 10m high and has an 80m long front elevation. Given the degree of separation and the height of the building it is considered that it will not appear excessively dominant or overbearing when viewed from the nearest residential properties.

The site is very prominent as it has a long frontage to Sheffield Road and adjoins the junction to the proposed Tinsley Link Road. The design quality of the buildings is of a reasonably standard and will certainly enhance the street scene compared to the current cleared site.

The buildings will be clad in metal sheeting within the silver/grey colour range. The different profiles and alignment of the cladding panels will help to break up the massing of the building. The most prominent corner of the building which adjoins the Tinsley Link junction has been marked by chamfering and articulating the corner along with raising the parapet. This corner will be faced in higher quality materials consisting of dark grey unglazed ceramic tiles which incorporate large window openings. The buildings have been designed with overhanging eaves which helps to create modelling in the elevations and definition to the roof. There is a consistent design language used throughout the buildings which will help to create continuity. Overall the designs of the buildings are considered to be satisfactory and respond to the site’s prominent frontage.

The Sheffield Road frontage was landscaped a few years ago but this does not fit with the new Tinsley Link Road junction arrangement. A mounded landscape strip a minimum of 6m wide will be created along the site frontage which is consistent with the landscape works already implemented along the rest of the Sheffield Road frontage of the wider site. This will incorporate Extra Heavy Standard Trees, a beech hedge, ornamental ground cover planting and mown grass. It will help to soften the appearance of the development and create an attractive frontage to the

120 site. Further landscaped areas will be provided within the site and on its fringes to soften the appearance of the buildings and break up the parking and manoeuvring areas. Coloured weld mesh fencing is to be constructed along the main road frontages of the site to the rear of the landscaping. Palisade fencing will be used on the less sensitive side and rear boundaries.

To the north there is woodland adjoining the railway line and further extensive woodland within the Blackburn Meadows site. This will help to screen the buildings from the north.

Amenity Issues.

Sheffield Road Tinsley is a busy road with a significant proportion of heavy goods traffic and consequently the site and immediate surroundings are affected by traffic noise.

The adjoining sites on the north side of Sheffield Road are either in industrial use or will be developed for industrial purposes, and therefore there are no noise concerns in this respect. However there are houses on the south side of Sheffield Road that face towards the site, therefore there is potential for noise disturbance. There are conditions on the outline permission that prevent open storage uses on the site and set noise limits for the industrial and warehousing uses at the nearest noise sensitive properties. A noise assessment needs to be submitted before the individual units are occupied and fork lift trucks need to be electrically powered. In addition the external areas are laid out for parking and turning of delivery vehicles therefore the opportunities for external working are limited. It is considered that these safeguards should be sufficient to protect the amenities of adjoining residents. The Environmental Protection Service has raised no objections to the application.

Access Issues.

The wider access issues relating to this site have already been agreed as part of the outline permission referred to above.

The level of traffic generated by the development falls within the range allowed for in the outline permission that covers this and the larger site of which it forms part. Therefore it has already been accepted that the level of traffic generated can be adequately accommodated on the network.

The previous outline permission also incorporates a section 106 agreement that secures the following transportation improvements which were considered necessary to serve the wider development. - A contribution for bus preference measures including bus shelters, pedestrian crossing facilities, and the provision of real time information to the new shelters. - Surfacing improvements to the canal towpath between the site and Tinsley Tram stop. - Funding for a residents parking scheme in the event that constrained parking results in commuter parking in the residential areas on the south side of Sheffield Road.

121 - A contribution to a variable measure sign to assist in more effectively managing the traffic on the local network.

When the outline permission for this site was granted it was not considered necessary to secure a contribution towards the Tinsley Link. This was because; there was an earlier consent for the site that would have directed more traffic through Junction 34S; part of the site is sterilised in order to accommodate the new road and junction, and further financial contributions would have made the scheme unviable.

It was accepted in the previous outline permission that the site is reasonably well served by public transport. There are bus stops along the site frontage and on the opposite side of Sheffield Road. In the order 17 buses per hour currently stop in the vicinity of the site during the daytime and more during the peak hours. The Tinsley Link will form part of the Bus Rapid Transport route and there will be a stop adjacent to the site. This scheme will further enhance the public transport accessibility of the site.

The site boundary takes into account the land needed for the construction of the Tinsley Link junction and therefore the proposal will not prejudice the construction of the link road. The site access is located at the eastern extremity of the site adjoining the adjacent industrial use. It has been designed to take into account the construction of the Tinsley Link and will operate safely in this scenario.

70 off street parking spaces are proposed along with 11 disabled spaces. 11 of the spaces will be reserved for low emission vehicles. Covered cycle parking is also to be provided at three locations within the site. The level of parking and cycle parking provision falls within the Council’s parking guidelines. Manoeuvring space is provided within the site for large vehicles to service the buildings and enter and level the site in a forward gear.

There are conditions on the outline permission requiring the submission of detailed travel plans, and for details of construction access and wheel washing facilities to be submitted for approval.

Air Quality

Air quality issues were considered as part of the previous outline permission. It was concluded that whilst the development of the wider site would marginally worsen NO2 emissions, this was not sufficient basis to justify resisting the application, particularly given the benefits of regenerating this vacant site and the local employment and economic benefits.

Contamination, Flood Risk and Archaeology.

The site was reclaimed and levelled as part of an earlier application. Flood risk was considered as part of the last outline application and there are conditions relating to floor levels and surface water run-off. The surface run-off proposed for this site is 5 litres per second per hectare, which is a Greenfield run-off rate. A

122 previous archaeological assessment established that site has low archaeological potential.

SUMMARY AND RECOMMENDATION

123

Case Number 11/00223/FUL

Application Type A Full Planning Application

Proposal Erection of a suspension bridge from Kelham Island Museum to Brooklyn Works

Location Kelham Island Museum To Brooklyn Works Green Lane Sheffield S3 8RY

Date Received 24/01/2011

Team CITY CENTRE AND EAST

Applicant/Agent Eastwood & Partners

Recommendation Grant Conditionally

Subject to:

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

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

2 The development must be carried out in complete accordance with the following approved documents;

Plans 27730/010 Rev E. 27730/008 Rev A, 27730/001 Rev E received 24th January 2011 and Plans 27730/006 Rev A, 27730/007 Rev A, 27730/003 Rev G, 27730/009 Rev A. 05722-105 Rev A, 05722-104 Rev A and 05722- 100 Rev G received 13th April 2011.

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

3 Prior to the commencement of development, further details of the following items shall be submitted to and approved in writing by the Local Planning Authority:-

(a) Details of all materials (b) Surface treatment of deck and footway on the bridge and surface finish on the landing onto both Kelham Island and Brooklyn Works. Such details shall have regard to the palette zone map within the Council’s Urban Design Compendium;

124 (c) Details of lighting to include design, (manufacturers details), siting and illumination.

The development shall then be implemented in accordance with the approved details and thereafter retained.

To ensure an appropriate quality of development within the Kelham Island Conservation Area and given its proximity to Listed Buildings, in accordance with PPS5 and Policies BE15, BE17 and BE19 of the Adopted Unitary Development Plan.

4 The proposed development shall be implemented in accordance with the approved Flood Risk Assessment by Eastwood and Partners (dated November 2009) and the following mitigation measures detailed within the FRA:

(i) The bridge soffit level (under load) shall be set not lower than 50.4AOD;

(ii) The bridge abutment shall be set in the position show on Plan 27730/010 Rev E.

To reduce the risk of flooding in accordance with PPS25.

5 Prior to the first public use of the bridge hereby approved, further details of the proposed maintenance strategy for the bridge and structure, to include a strategy to maintain the water flow channel incorporated through the base of the Brooklyn Pier to be free of debris shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be implemented in accordance with the approved details.

To ensure that sufficient water flow is maintained in accordance with Policy GE17 of the UDP.

Attention is drawn to the following justifications:

GE17 - Rivers and Streams BE5 - Building Design and Siting BE16 - Development in Conservation Areas BE17 - Design & Materials in Areas of Special Character or Historic Interest BE19 - Development affecting Listed Buildings CS74 - Design Principles PPS5 and PPS25

Overall it is considered that the development complies sufficiently with the relevant policies and proposals, and would not give rise to any unacceptable

125 consequences to the environment, community or other public interests of acknowledged importance.

126 Site Location

127 INTRODUCTION

Members may recall granting planning permission in February 2007 for the construction of a suspension bridge between Kelham Island Museum and Brooklyn Works on Ball Street. This consent followed the expiry of a previous planning approval for essentially the same proposal that had been granted in January 2002. The application approved in February 2007, which is also largely the same as the bridge now proposed, expired in February 2010 such that a new planning permission is now sought to progress the scheme once more.

LOCATION AND PROPOSAL

This application proposes the installation of a pedestrian suspension bridge from the existing public footpath adjacent to the River Don outside the Grade II Listed residential conversion at Brooklyn Works on Ball Street to the north-western side of Kelham Island, adjacent to the Kelham Island Museum. The Bridge will form part of the Upper Don Riverside Walk, which will extend from Lady’s Bridge in the City Centre to Beeley Woods in Middlewood and a pedestrian link between the Five Weirs Walk in the south of the City and the Transpennine Trail in the north. The proposed bridge lies within the Kelham Island Conservation Area and will span diagonally across Kelham Goit and the River Don, just above the Grade II Listed Kelham Weir. It is also in close proximity to the Grade II* Listed Cornish Place (Grade II*) and Green Lane Works (Grade II*).

The proposed bridge is designed to be a 1:10 scale replica of the original New York Brooklyn Bridge. The applicant states that the justification for this design is based upon the strong historical and trading links established between Sheffield and Brooklyn in the nineteenth century and the fact that important components of the original Brooklyn Bridge were supplied by Andrew Toledo of Neepsend.

The entire span of the proposed suspension bridge extends to approximately 84 metres (excluding the landings). It comprises three spanning girders across the length of the bridge as follows:

(i) A spanning girder of 25 metres from the Brooklyn Works landing point to a masonry pier to be constructed within the Kelham Goit. The pier, referred to as the Brooklyn Tower, reflects the design of the original Brooklyn Bridge and comprises three masonry columns that are detailed with stone caps and corbels, through which two archways are created. Stainless steel cables are stretched from the Brooklyn Tower into the main structure. The Brooklyn Tower reaches a height of 9 metres of which 7 metres will be visible above the water line (depending on water levels);

(ii) A second spanning girder of 44 metres from the Brooklyn Tower to a second tower – the Kelham Tower, which is designed to reflect the Brooklyn Tower with stainless steel cables again stretched into the main structure. The Kelham Tower will be constructed on land within the vicinity of the Kelham Island Museum and will extend to a height of approximately 7 metres from ground.

(iii) The third spanning girder extends to 15 metres to the Kelham landing ramp.

128

The bridge has a lightweight deck with open lattice sides hung from steel wire cables that are supported from the towers. The bridge deck extends to a width of 3 metres and will be constructed in a non-slip timber cladding material. The landing ramps will be constructed in block paved surfaces to match the adjoining sections of the Five Weirs Walk and the first section of the Upper Don Walk.

This application differs from the previous 2007 permission in two respects:

(i) The level of the bridge deck soffit has been raised to accommodate the revised river flood level established in the 2007 flooding event. Accordingly, the proposed bridge soffit level is now set no lower than 50.4 metres AOD. Previously the deck level was set at 50.35 metres AOD and the soffit level was set at 50.0 metres AOD such that it has been raised by 0.4 metres AOD.

(ii) A water flow channel is incorporated through the base of the Brooklyn Pier to minimise the potential obstruction to water flow from the river into the Kelham Head Goit

RELEVANT PLANNING HISTORY

The most relevant planning history is summarised below:

06/04333/FUL: Erection of a suspension bridge from Kelham Island Museum to Brooklyn Works, Ball Street. Approved 20.02.2007

01/01339/FUL: Erection of a suspension bridge from Kelham Island Museum to Brooklyn Works, Ball Street. Approved 14.01.2002

SUMMARY OF REPRESENTATIONS

The application has been advertised by means of site notices and a press notice as a development affecting a Conservation Area and Listed Structure and by means of neighbour notification. A total of 9 representations have been received

Four objections from residents of Brooklyn Works who raise the following concerns:

- The bridge will impact on the immediate residents of Brooklyn Works, particularly those on the ground floor riverside flats and the design is not in keeping with the overall area;

- The walkway is directly outside the objector’s apartment and may result in a loss of light and privacy, particularly as these apartments are north facing.

- The scheme will impact upon the value of the apartments within Brooklyn Works;

129 - The objector considers that in the current climate, the Council and other interested parties would have more worthy causes to spend their time and money on;

- The application makes no mention of lighting and the riverside walkway in front of Brooklyn Works is presently unlit and has been the location of potential illegal activity in the past;

- Access to the Bridge is via Brooklyn Works, which will compromise safety and securing in the area;

- Objection to the design of the bridge; given the cutting edge industrial design and engineering expertise within Sheffield and the UK, the proposed bridge represents a ‘disney-fication’ of the area and reflects a rather tenuous historical link to the original Brooklyn Bridge

- The design is inappropriate; a simple span would be more elegant and less costly;

- The concept of a bridge is supported but the appearance of the bridge is considered to be unattractive and obtrusive and a 21st Century version would be as much an attraction, if not more, to tourists;

- The bridge will impinge upon the Listed Weir;

- The impact on river lift should be considered;

A letter has also been received from the Chair of the Cornish Place Residents Company, which is a copy of a letter from the Residents Company to the Upper Don Trust primarily seeking clarification with regard to the long term maintenance of the bridge and for the paving of the walkway from the landing to the nearest adoptable highway. Their key concern is that the residents will not agree to any financial liability for any costs incurred as a result of the bridge development.

A letter of support has been received from a resident of Cornwall Works who highlights the following:

- The bridge design is in keeping with the area’s industrial heritage and will provide a useful link within Kelham Island;

- It can become a further focal point for the area, enabling greater footfall and associated economic benefits to the area, such as visits to the museum and to local cafes, pubs and restaurants etc.

Three further letters of support have been received from a resident on Adelaide Lane (near Mowbray Street), Mowbray Street and from a resident in Hull.

The Conservation Advisory Group has not considered the application on this occasion because the proposal is largely unchanged from the 2006 application. In this regard, the original comments of the CAG remain pertinent. In response to the

130 2006 application the Group accepted the need for a bridge of some sort in this location but felt that something simpler, smaller and more appropriate for its location would be preferable. The Group considered that a more appropriate site for the Bridge, with this design, could be a location facing the remainder of the former Toledo Works, particularly in view of the fact that there was a proposal to provide a bridge at the goit between the Kelham Island Museum and the former Tyzacks Works. The Group felt that the bidge should not be a scaled down replica of the original Brooklyn Bridge, as the principal material would be stone and the individual stones would be of inappropriately small scale. The Group also felt that there was a possibility of users of the Sheffield Bridge overlooking the adjacent residential accommodation at the Brooklyn Works. The Group regretted the fact that its views had not been accepted when the application had been considered previously by the Planning and Highways Area Board and felt that the detail of the proposals should be considered carefully, including the colour of the proposed metalwork. The Group recommended that if approval was given for the Bridge, locally made metalwork as well as local stone should be used in its construction.

Finally, a statutory consultation response has been received from English Heritage, who advises that they have no comments to make on the application.

PLANNING ASSESSMENT

This application proposes the construction of a new suspension bridge across the River Don from Brooklyn Works on Ball Street to the Kelham Island Museum to form part of the Upper Don Riverside Walk and the Five Weirs Walk. The bridge is a 1:10 scale replica of the original Brooklyn Bridge in New York and is a reflection of Sheffield’s steel connection to the construction of that original bridge.

The principle issues to consider in the determination of this proposal include the following:

(i) Principle of development: Policy and Land-Use; (ii) Impact on the Conservation Area and adjacent Listed buildings/structures; (iii) Design and visual impact of the bridge; (iv) Impact on the amenity of nearby properties; (v) Flood Risk; (vi) Accessibility issues.

Policy and Land Use

The application site is sited over a waterway as designated within the Adopted Unitary Development Plan, which in turn links two areas designated as Kelham Mixed Use Policy Areas.

Policy GE17 of the UDP relates to rivers and streams and advises that as part of the development of the Green Network, all rivers and streams will be protected and enhanced for the benefit of wildlife and, where appropriate, for public access and recreation. The principal of constructing a bridge across the River Don does not conflict with the objectives of Policy GE17. Indeed, the bridge will promote improved pedestrian access to the river and complete a section of the Upper Don

131 Riverside Walk. In this respect, the proposal is considered to accord with GE17 and there are no objections in principle to the erection of a bridge link in the locality.

Impact on the Conservation Area and adjacent Listed Buildings

The proposed bridge spans across a Grade II Listed Weir and projects from the riverside in front of the Grade II Listed Brooklyn Works. It also lies within the Kelham Island Conservation Area and in close proximity to Cornish Place (Grade II*) and Green Lane Works (Grade II*). As such, the impact on both the Conservation Area and the Listed Buildings must be assessed.

Relevant planning policy in considering applications that adjoin Listed Buildings and within a Conservation Area is primarily set out within Planning Policy Statement 5: Planning for the Historic Environment and the applicant has accordingly submitted a PPS5 Heritage Statement. In addition, Policy BE16 of the Sheffield UDP relates specifically to development in Conservation Areas and advises that permission will only be granted for proposals where it would preserve or enhance the special character or appearance of the Conservation Area. Policy BE17 advises that a high standard of design using traditional materials and a sensitive and flexible approach to the layout of buildings and roads will be expected for new buildings. Policy BE19 of the UDP relates to development affecting Listed Buildings and advises that proposals for development within the curtilage of a building or affecting its setting, will be expected to preserve the character and appearance of the building and its setting.

Of most relevant within PPS5 is guidance within Policies HE7 and HE9. Policy HE7.1 advises that in decision-making local planning authorities should seek to identify and assess the particular significance of any element of the historic environment that may be affected by the relevant proposal. Policy HE7.2 advises that in considering the impact of a proposal on any heritage asset, local planning authorities should take into account the particular nature of the significance of the heritage asset and the value that it holds for this and future generations.

In this case, the proposed bridge is situated above the Grade II Listed Weir and adjacent to the Grade II Listed Brooklyn Works; both these structures reflect the industrial heritage of the Upper Don. The bridge is designed as a scale model of the Brooklyn Bridge in New York; an approach that is also a consequence of Sheffield’s steel heritage as important components of the original Brooklyn crossing were supplied by Andrew Toledo of Neepsend. To this extent, the bridge is a reflection of the area’s heritage and will add value to the historical significance of the area. With specific regard to the impact on the adjoining Listed structures, the proposed bridge does not physically impact on either Brooklyn Works or the weir such that these structures remain intact and their value retained for this and future generations.

Policy HE9.1 of PPS5 confirms that there should be a presumption in favour of the conservation of designated heritage assets and the more significant the designated heritage asset, the greater the presumption in favour of its conservation should be. It states that significance can be harmed or lost through alteration or destruction of

132 the heritage asset or development within its setting and the loss affecting any designated heritage asset should require clear and convincing justification.

As stated above, the proposed Sheffield Brooklyn Bridge is a reflection of Sheffield’s history and in this regard, it is appropriately sited within the Kelham Island Conservation Area. The bridge is a relatively lightweight suspension design, which is not considered overbearing in relation to the adjoining Listed Buildings such that it will not affect their setting. It will also not lead to their physical alteration or destruction such that the heritage assets of the Kelham Island Conservation Area and these Listed Buildings are preserved. More specifically, it is advised that the proposed bridge is to be constructed in stone and steel with the stonework to be Coursed Rubble, Fair Faced, Course Depth (75mm) obtained from the Rivelin Masonry Company, Rivelin Glen Quarry, Sheffield, or an approved equivalent, both of which are considered appropriate materials in the context of the Conservation Area. It is therefore considered that the proposed materials would also preserve the character and appearance of the Conservation Area and the setting of the nearby Listed Buildings.

It is therefore considered to accord with relevant guidance within PPS5 and Policies BE15, BE17 and BE19 of the UDP.

Design and Visual Impact

Policy BE5 of the UDP seeks to achieve good design and the use of good quality materials with a respect for the scale, form and architectural character of the area. In addition, Policy CS74 of the SDF Core Strategy advises that high-quality development will be expected, which would respect, take advantage of and enhance the distinctive features of the city, its districts and neighbourhoods.

Given the intention of the applicant to deliver a 1:10 scale version of the Brooklyn Bridge, it is relevant to acknowledge that the basis for this design is the historical connections established between Sheffield and Brooklyn in the nineteenth century and the fact that important parts of the original Brooklyn Bridge were from Sheffield. This historical tie works well in connection with the Kelham Island Museum, which represents Sheffield’s industrial history.

It is accepted that a high quality contemporary lightweight bridge design could be equally successful in achieving the aspiration of securing a bridge crossing between Ball Street and the Kelham Island Museum but this does not reflect the aspirations of the applicant and there would be no clear planning grounds for requiring a contemporary approach. Indeed, the proposed bridge utilises traditional materials appropriate to the Conservation Area and it is clearly a classic suspension bridge design for which it would be unfeasible to argue that it is of a poor quality or that it does not take advantage of the distinctive character of the area. It must therefore be concluded that the proposal sufficiently accords with the aspirations of Policy BE5 of the UDP and Policy CS74 of the SDF Core Strategy.

Impact on the Amenity of Nearby Residential Properties

133 The proposed suspension bridge spans across the river from the existing riverside walk, which is positioned in front of Brooklyn Works to the site of the Kelham Island Museum. As such, the bridge will pass in front of the residential properties within Brooklyn Works that front the river and it is therefore appropriate to consider the impact of the proposal on their amenity, as considered in previous applications.

The first stone pier (the Brooklyn Tower) is sited beyond the boundary of Brooklyn Works such that it will not be positioned directly in front of the existing flats and thus, should not lead to any loss of light or have an overbearing impact upon the flats. It is acknowledged that the support cables will be visible in front of the main habitable room windows at a minimum distance of 5 metres from the front façade of Brooklyn Works. However, these cables are narrow and should not result in any significant visual intrusion. It is also acknowledged that the suspension ropes may lead to some interruption of view over the river and island but the right to a view is not a material planning consideration. With regard to privacy, it is noted that the public can presently access the area in front of the riverside residential properties at Brooklyn Works and the proposed bridge will actually direct visitors away from this space towards the Kelham Island Museum. Given the public accessibility to the existing riverside path, it is therefore considered that the proposed bridge will not unduly increase the potential for loss of privacy to these residential properties. Moreover, it is proposed that the Council will adopt the bridge route and appropriately lit and managed, which may mitigate the objection raised by a local resident regarding the present level of anti-social behaviour in this location due to the poor lighting. Overall, it is considered that the proposal will not result in any significant reduction in residential amenity to the residents of Brooklyn Works.

In terms of the impact upon Green Lane Works (Miba Tyzack site) the proposed bridge runs alongside the north elevation of the Green Lane works. In 2005, planning permission was granted for the sites development to provide 310 residential apartments (04/02017/FUL). No substantial building work has yet started on site but there will be habitable windows overlooking the river. A condition of the approval also seeks details of a further bridge across the goit to connect with Kelham Island Museum, which was largely sought in the event that the Brooklyn Bridge did not proceed. The Kelham ‘tower’ lies more than 19 metres from the site boundary of Green Lane Works, which is considered a sufficient distance to ensure that the structure is not unduly overbearing on future residents of the development. As with Brooklyn Works, it is the case that the steel cables will also be visible but they are not considered to result in significant visual intrusion. As noted above, there may be some interruption of views over the river but there is no right to a view within the planning process. Additionally, the proposed bridge will not impact upon the potential for the Green Lane Works site to implement a bridge across the goit. Thus, it is concluded that the proposal will not result in any significant reduction in residential amenity to Green Lane Works.

Flood Risk

The proposed bridge is sited within Flood Zone 2 (medium risk) and Flood Zone 3a (high risk) as defined by the Environment Agency Flood Map, which is ‘land ‘with a medium to high probability of river flooding based upon a 1 in 100-year scenario.

134 On the basis of the inclusion of part of the site within Flood Zones 2 and 3a, in accordance with Planning Policy Statement 25: Development and Flood Risk, the applicant was required to prepare a Flood Risk Assessment, which was submitted with the application. In addition, the applicant undertook pre-application discussions with the Environment Agency to ensure that flood risk was appropriately considered.

The Flood Risk Assessment acknowledges the sites location within a Flood Risk Zone and that the site has been subject to recent river flooding in 2007. The principal sources of flooding are directly from the River Don and the overland flow of floodwater from overtopping of the river upstream from the site.

In order to mitigate any flood risk, the applicant has advised that the lowest bridge deck level under load is set at 50.4 AOD, which Is 650mm above the 1:100 flood level plus climate change allowance and 50mm above the minimum clearance requested by the Environment Agency. Additionally, this level is 100mm above the crest of the proposed Kelham Island flood defences and 100mm above the estimated June 2007 flood level.

Finally, it is noted that the scheme has been revised form the previously approved application to incorporate a water flow channel through the base to minimise of the Brooklyn Tower to minimise the potential obstruction to water flow form the river into the Kelham Head Goit.

The Environment Agency has confirmed that they have no objection to the proposed bridge subject to the development being carried out in accordance with the submitted Flood Risk Assessment outlined above. The EA do also note that there is a present application for a hydropower scheme on the Kelham Goit and the bridge abutment may affect this flow such that the compatibility of the two schemes should be considered. Officers can confirm that there is a current application for a hydropower scheme under consideration and these two projects are aware of each other and the potential impact each may have.

Accessibility

The applicant has advised that the primary function of the Bridge is to form part of the riverside walk and accessibility is thus an integral part of the proposal. The bridge will provide a crossing for pedestrians, cyclists and mobility vehicles; it conforms to the 3 metre wide stipulation for the Upper Don Walk and is deemed to have a gentle gradient and anti-slip decking, details of which will be required by condition. It is not considered necessary to seek a demarcation between cyclists and pedestrians on the basis that this has not been provided on parts of existing Riverside walk and it is also considered that the piers will have some effect in slowing cyclists if necessary.

RESPONSE TO REPRESENTATIONS

In response to the representations received, the following is advised:

135 (i) The appropriateness of the design and the installation of new lighting is considered fully in the report above;

(ii) The impact on the amenity of residents within Brooklyn Works is addressed in the report above;

(iii) The impact of the bridge on the value of apartments is not a material planning consideration;

(iv) With reference to the objector concerning the funding of the project, this is not a material planning consideration;

(v) The proposed bridge incorporates only one abutment within the river. Such a limited intrusion will ensure that the bridge is not detrimental to wildlife within the River. Indeed, the Environment Agency has not raised any concerns in respect of flora and fauna.

(vi) With regard to the comments submitted by the Cornish Place Residents Company, it is advised that whilst not a direct planning consideration, it is intended that the bridge will form part of the adopted highway such that the entire structure will be managed and maintained in the long term by the City Council. This will form part of a separate agreement between the applicant and the Council.

The comments raised by CAG are addressed in the report above.

SUMMARY AND RECOMMENDATION

This application proposes the installation of a suspension bridge from the existing public footpath adjacent to the River Don outside the Grade II Listed residential conversion at Brooklyn Works on Ball Street to the north-western side of Kelham Island, adjacent to the Kelham Island Museum. The Bridge will form part of the Upper Don Riverside Walk and a pedestrian link between the Five Weirs Walk in the south of the City and the Transpennine Trail in the north.

The bridge is designed to be a 1:10 scale replica of the original New York Brooklyn Bridge based upon the strong historical and trading links established between Sheffield and Brooklyn in the nineteenth century and the fact that important components of the original Brooklyn Bridge were supplied by Andrew Toledo of Neepsend.

The principle of a new suspension bridge across the River Don is considered to accord with the aspirations of Policy GE17 of the UDP, which seeks to enhance opportunities for public access and recreation.

Whilst located within a historical sensitive environment, within the setting of the Grade II Listed Kelham Weir, the Grade II Listed Brooklyn Works and the Grade II* Listed Cornish Place and Green Lane Works, as well as lying within the Kelham Island Conservation Area, the proposed bridge is considered to be a reflection of the area’s heritage and will add value to the historical significance of the area. It

136 does not physically impact on any of the Listed Buildings or the Weir such that these structures remain intact and their value retained for this and future generations. In addition, the use of stone and steel to construct the bridge are high quality materials appropriate to the Conservation Area such that overall, the proposal is considered to accord with relevant guidance within PPS5 and Policies BE15, BE17 and BE19 of the UDP.

In design terms, whilst it is accepted that the proposal is a scale of the Brooklyn Bridge rather than a design that is distinctive to this location, the proposed bridge utilises traditional materials appropriate to the Conservation Area and it is a classic suspension bridge design for which it would be unfeasible to argue that it is of a poor quality or that it does not take advantage of the distinctive character of the area. It is therefore considered to sufficiently accord with the aspirations of Policy BE5 of the UDP and Policy CS74 of the SDF Core Strategy.

The proposed bridge has been designed with due regard to flood risk, as demonstrated within the approved Flood Risk Assessment, in accordance with PPS25 and it is also considered to be suitably accessible.

On the basis of the above, the application is therefore recommended for approval subject to conditions.

137

Case Number 10/04045/FUL

Application Type A Full Planning Application

Proposal Erection of 7 storey mixed use development comprising 11 student flats (providing 56 bedspaces) over commercial unit for retail/bar/restaurant use (Clarification of description and revised plans received 09.03.2011)

Location Site Of 159 To 165 West Street City Centre Sheffield S1 4EW

Date Received 29/12/2010

Team CITY CENTRE AND EAST

Applicant/Agent Coda Studios Ltd

Recommendation GRA GC subject to Legal Agreement

Subject to:

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

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

2 The development must be carried out in complete accordance with the following approved documents;

Plans 1802-101 Rev C, 1802-102, Rev D, 1802-103 Rev C, 1802-104, Rev B, 1802-105 Rev C, 1802-106 Rev E, 1802-107 Rev B, 1802-110 Rev B, 1802-111 Rev B, 1802-112 Rev B, 1802-113 Rev B, 1802-114 Rev B received 9th March 2011

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

138 In order to ensure an appropriate quality of development.

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

i. Windows; ii. Window reveals; iii. Doors; iv. Door reveals; v. Eaves and verges; vi. Vents vii. Rainwater goods.

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

In order to ensure an appropriate quality of development.

5 Notwithstanding the approved plans, prior to the commencement of construction of the ground floor shopfront to West Street, further large scale details at 1:20 or 1:50 of the design of the shopfront(s) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented prior to the commencement of the use on the ground floor and in accordance with the approved details and thereafter retained.

To ensure an appropriate quality of development in accordance with Policy CS74 of the SDF Core Strategy.

6 Prior to the first occupation of the development hereby approved, further details of lighting to the building shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and thereafter retained.

To ensure an appropriate quality of development and to promote personal safety and security in accordance with Policy CS74 of the SDF Core Strategy.

7 In the event of the use of the ground floor unit within Use Class A3 or Use Class A4, the unit shall only be used between 0900 hours and 2330 hours, Mondays to Saturdays and 0900 hours and 2300 hours on Sundays and Public Holidays.

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

8 In the event of the use of the ground floor unit within Use Class A3 or Use Class A4, the unit shall not be used unless suitable apparatus for the arrestment and discharge of fumes or gases has been installed. But before

139 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 In the event of the use of the ground floor unit within Use Class A1, the unit shall only be used between 0800 hours and 2300 hours, Mondays to Saturdays and 0900 hours and 2300 hours on Sundays and Public Holidays.

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

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

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

(b) Be capable of achieving the following noise levels: Bedrooms - Noise Rating Curve NR30 (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), and include a system of alternative acoustically treated ventilation to all habitable rooms. Before the scheme of sound attenuation works is installed full details thereof shall first be submitted to and approved in writing by the Local Planning Authority.

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

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,

140 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 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.

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

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

14 No deliveries to the building shall be carried out between 2300 hours to 0700 hours Mondays to Saturdays and 2300 hours to 0900 hours Sundays and Public Holidays.

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

141 15 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 between 2300 hours and 0900 hours on Sundays and Public Holidays.

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

16 Before the buildings are occupied, the footpaths adjoining the site on West Street and Westhill Lane shall be resurfaced in accordance with the secondary palette of materials set out in the Urban Design Compendium unless otherwise approved in writing by the Local Planning Authority.

In the interests of the locality and to meet the objectives of the Urban Design Compendium and Policy BE5 of the Adopted Unitary Development Plan.

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

To ensure satisfactory drainage arrangements.

18 Prior to the commencement of development details of the proposed means of disposal of foul and surface water drainage, including details of any balancing work, shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be implemented as approved.

To ensure satisfactory drainage arrangements.

19 The student cluster flats hereby approved shall be constructed to achieve a minimum standard of Code Level for Sustainable Homes Level 3 and before any dwelling is occupied (or within an alternative timescale to be agreed) the relevant certification, demonstrating that Code Level 3 has been achieved, shall be submitted to and approved in writing by the Local Planning Authority.

In the interests of mitigating the effects of climate change, in accordance with Sheffield Development Framework Core Strategy Policy CS64.

20 Within three months of the date of this decision, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided:

a) a minimum of 10% of the predicted energy needs of the of the completed development being obtained from decentralised and renewable or low carbon energy and b) The Generation of further renewable or low carbon energy or incorporation of design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy to satisfy (a)

142

Any agreed renewable or low carbon energy equipment, connection to decentralised or low carbon energy sources or additional energy efficiency measures shall have been installed before any part of the development is occupied and a post-installation report shall have been submitted to an approved in writing by the Local Planning Authority to demonstrate that the agreed measures have been installed. Thereafter the agreed equipment, connection or measures shall be retained in use and maintained for the lifetime of the development, unless otherwise agreed in writing by the Local Planning Authority.

Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Core S10 - Conditions on Development in Shopping Areas BE5 - Building Design and Siting H7 - Mobility Housing H16 - Open Space in New Housing Developments CS27 - Housing in the City Centre CS41 - Creating Mixed Communities CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction CS76 - Tall Buildings in the City Centre City Centre Living Strategy

On balance, whilst the proposed development is of a substantial scale, taking into to account the need to secure a viable re-use for the site, the varied scale of development within the vicinity of the site and the contemporary architectural approach to the building including the use of high quality materials, the proposed scale of development is considered acceptable in this instance. In all other respects, the development complies with the relevant policies and proposals in the development plan, and would not give rise to any unacceptable consequences to the environment, community or other public interests of acknowledged importance.

Attention is drawn to the following directives:

143

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

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

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

For Listed Building Consent and Conservation Area Consent applications an application for confirmation of compliance with planning conditions is still required but there is no fee.

3. The applicant is advised that the signage indicated on the submitted drawings is not approved as part of this permission and will require separate Advertisement Consent. To discuss arrangements for obtaining such consent, and to request application forms, the applicant should contact Development Control Section, Development Services, on Sheffield (0114) 2734215 or go to www.sheffield.gov.uk/in-your-area/planning-and-city- development

4. The applicant is advised to note the response of Yorkshire Water to the previous application on this site (06/00851/FUL) which advises that there shall be no building or other obstruction over or within 3 metres either side of the centre line of the sewer that cross the site. The applicant is advised to contact Yorkshire Water on 01274 692072 for further information.

144 Site Location

145

INTRODUCTION

In September 2006 planning permission was granted on this site for the demolition of the existing buildings and the construction of a 6-storey mixed use development comprising Use Class A1 (Shops) A2 Use (Financial & Professional Services) & A3 Use (Restaurant and cafe) on the ground floor with 32 residential apartments above (06/02648/FUL). In May 2008, the developer who owned the site at that time commenced work without applying to discharge the relevant pre- commencement planning conditions. However, the original buildings were demolished and a steel frame erected. Subsequently, the development was called into receivership such that the steel frame has been left incomplete and the receivers have subsequently marketed the site; this application is a consequence of that process and the site has now been purchased by the applicant of this application.

LOCATION AND PROPOSAL

The application site extends to the boundary of the former properties at 159 – 165 West Street, which fronts West Street to the north and Westhill Lane to the south. These units have now been demolished and a six storey steel frame erected in accordance with the previous consent, as outlined above (06/02648/FUL).

The original buildings formed part of a terrace of six two-storey properties, of which the two properties on either end of the terrace were excluded and still remain. These units are primarily in commercial use at the ground floor with no specified

146 use of the upper floors; the immediately adjoining ground floor premises at 167 is occupied by Dominos Pizza with the ground floor property at 157 West Street occupied in retail use. Beyond this terrace, the character of the surrounding area is mixed both in use and scale; the premises at 169-171 extends to an equivalent four storey building to eaves level with a front facing pitch roof and a ridge height at approximately 5 storeys. The streetscene then steps down again to the two storey Varsity public house. These properties are identified within the Sheffield Urban Design Compendium as unlisted significant buildings within the Devonshire Quarter that contribute to the character of the area. Opposite the site lies the Cavendish Building, which is a substantial three-storey terrace within the St George’s Quarter that is also identified as an unlisted significant building that contributes to the character of the area.

The wider environment on West Street extends up to seven storeys (with top floor setback) at the Royal Plaza and up to a height of between seven and ten storeys at West One. To the rear of the site is Westhill Lane, which currently accommodates the rear servicing needs of the shops although planning permission has recently been extended for the construction of a two-storey Use Class A3 (restaurant/cafe) building opposite the application site on Westhill Lane. There is a 1.2 metre level difference between West Street at the front and Westhill Lane to the rear of the site.

This application seeks to utilise and extend the existing steel frame on site to enable a seven storey building comprising a ground floor open plan commercial storey within Use Class A1 (retail) or A3/A4 (restaurant/café/bar) with 11 student flats on the six floors above, which will deliver 56 bedspaces. The top floor (seventh storey) is recessed from the main façade by 2 metres to both the front and rear elevations.

The design and external appearance of the development seeks to retain the character of the previously approved scheme by securing a contemporary architectural approach. It proposes the continued use of corten steel to the main elevations and the introduction of full height glazed bays at regular intervals to both the front and rear elevations. The ground floor will be completed in blue/black brickwork with the recessed top floor constructed in a matte metal cladding system.

RELEVANT PLANNING HISTORY

The following planning history is most relevant to the consideration of this application:

06/02648/FUL: Demolition of existing buildings and erection of 6 storey mixed use development comprising of 32 apartments over units for A1 Use (Shops) A2 Use (Financial & Professional Services) & A3 Use (Restaurant and cafe) (Resubmission)

Approved by the City Centre South and East Planning and Highways Committee on 04.09.2006

147 06/00851/FUL: Demolition of existing buildings and erection of 7 storey mixed use development comprising of 44 apartments over units for A2 Use (Financial & Professional Services) & A3 Use (Restaurant and cafe) at basement, ground & first-floor levels.

Withdrawn: 26.04.2006

This application extended to eight floors of accommodation on Westhill Lane with the top floor set back. It was withdrawn by the applicant following Officer advice that the construction of a building to this height that extended to the entire depth of the site would be excessive in scale, depth and massing and could not be supported.

SUMMARY OF REPRESENTATIONS

The application was advertised by means of a site notice and press notice as a development in the public interest and by means of neighbour notification. No representations have been received.

PLANNING ASSESSMENT

This application proposes to utilise and extend the existing steel frame on site to deliver a seven-storey contemporary building comprising a ground floor unit within Use Class A1 (retail) or A3/A4 (restaurant/café/bar) with 11 student flats on the six floors above, which will deliver 56 bedspaces. The key issues to consider in the determination of this application include the following: i. Principle of development: Policy and Land Use; ii. Design and scale of the proposed development; iii. Impact on the amenity of adjoining occupiers; iv. Sustainability; v. Highways; vi. Accessibility; vii. Open Space

Policy and Land Use

Within the Adopted Unitary Development Plan (UDP), the application site falls within the Central Shopping Area and is also designated within the City Centre Housing Priority Zone.

Policy S3 of the UDP relates to development within the Central Shopping Area and advises that shops (A1), offices used by the public (A2), food and drink (A3-A5) and housing are preferred uses within the City Centre. This application primarily proposes ‘purpose-built’ student housing on the upper floors, which is defined to be sui-generic and outside of any specific Use Class. Nevertheless, it is residential in character and, to this extent, complies with the broad policy objectives of Policy S3 although such uses must also be considered on their merits with due regard to other relevant policies. However, the principle of a mixed-use development to

148 include ground floor retail or café/bar/restaurant uses is fully in accordance with Policy S3.

Policy H12 of the UDP relates to development within the City Centre Housing Priority Zone and determines that within such zones, housing is expected to form a significant proportion of any new development. In this case, the application provides 56 student bedspaces, which, again, are residential in character and to this extent, accords with the aspirations of Policy H12. The principle of City Centre living is further reinforced by Policy CS27 of the SDF Core Strategy, which advises that the further expansion of City Centre living, with a mix of tenures and sizes of unit, including affordable housing, will form part of a mix of uses in a range of areas around the City Centre, including around Devonshire Green (CS27(e)) and in other parts of the City Centre where needed as part of mixed schemes to achieve a viable balance of uses. This application is in close proximity to Devonshire Street and is a mixed-use development that incorporates student housing to ensure a deliverable scheme such that it accords with Policy CS27.

Policy CS41 of the SDF Core Strategy, which relates to the creation of mixed communities, is particularly relevant in this case. The aim of Policy CS41 is to help reduce the segregation of different types of housing between areas of the city and to reduce concentrations of particular types of housing that can create problems for their neighbourhoods. It states that mixed communities will be promoted by encouraging development of housing to meet a range of housing needs, including a mix of prices, sizes, types and tenures. With particular regard to student housing, it states at Policy CS41(c), that mixed communities will be promoted by providing new purpose-built student accommodation as part of a mix of housing development, with a mix of tenures and sizes of unit on larger sites, primarily in the City Centre but also by limiting purpose-built student accommodation where the community is already imbalanced by a concentration of such uses or where the development would create imbalance (CS41(d). The supporting text to this policy advises that the objectives of Policy CS41(d) will be partly achieved by limiting the forms of housing set out in part (d) where more than 20% of residences within 200 metres of the application site are shared housing, and by working with the universities and providers of student accommodation to ensure that their needs are met in appropriate locations. In this instance, it has been calculated that within 200m of this site, 17% of residential addresses are currently known to be shared housing (186/1096). An addition of 11 student cluster flats would increase this to 17.8% such that the proposed development is not contrary to Core Strategy Policy CS41 (d) and is therefore acceptable in principle.

The application site also lies within the Devonshire Quarter, as defined within the Council’s Urban Design Compendium. Policy CS17 of the Sheffield Development Framework Core Strategy relates to the City Centre Quarters and advises that the distinctive and fundamental roles of different quarters of the City Centre will be consolidated and strengthened. With specific regard to the Devonshire Quarter, it states that the quarter should be a thriving, distinctive and vibrant area with city living, niche shops, restaurants and bars and a variety of business uses. It is considered that the proposed development meets the aspirations of Policy CS17 by securing an active ground floor frontage to both West Street and Westhill Lane to add to the vibrancy of the area as well as City Centre student living.

149

It is noted that Policy CS17 of the Core Strategy promotes the introduction of niche shops and restaurants within the Devonshire Quarter. This is further encouraged within the Devonshire Quarter Action Plan, which advises that the vision for the quarter is for West Street to be established as secondary branches of the City Centre retail space, providing small outlets for commercial and entrepreneurial ventures; thus promoting the introduction of small retail outlets. It states that on West Street, between Carver Street and Upper Hanover Street, a maximum of half the linear ground floor frontage of any block will be permitted to change to non shopping uses. In this instance, the application currently proposes a single ground floor unit that extends through from West Street to Westhill Lane for either retail (Use Class A1) use or for a food and drink (restaurant/bar/cafe) use. Whilst this is contrary to the principle of securing small niche units, the ground floor is presently un-let and a single unit provides flexibility in securing the appropriate tenant. It does not preclude the opportunity to create smaller niche units in either a retail or food and drink use and in this regard it is proposed to condition the detailed design of the shopfronts to accommodate the needs of any future occupiers. Overall, whilst the provision of smaller niche retail units is preferable, given the vacant state of the current site, its viable re-use is given greater weight in this instance and the principle of a ground floor active frontage as proposed is considered acceptable.

Overall, the principle of a mixed-use development on this site comprising an active ground floor use with student accommodation above is considered to comply sufficiently with Policies S3 and H12 of the Unitary Development Plan, Policy CS17 of the SDF Core Strategy and the Devonshire Quarter Action Plan. It is considered to contribute to City Centre living in accordance with Policy CS27 and provides an appropriately mixed community in accordance with Policy CS41. Furthermore, the provision of student housing is viable in this instance and will enable the completion of this development. It is therefore concluded that the principle of the development can be supported.

Design and Scale of the Proposed Development

Policy BE5 of the Adopted UDP relates to building design and siting and advises that good design and the use of good quality materials will be expected in all new developments. It seeks to achieve original architecture and a design on a human scale with varied materials that break down the overall mass of development. In addition, Policy CS74 of the SDF Core Strategy advises that high-quality development will be expected, which would respect, take advantage of and enhance the distinctive features of the city, its districts and neighbourhoods.

A key consideration in the assessment of this application is the scale of development. When granting the previous planning approval on this site for a six- storey development, it was acknowledged that the building was of a greater scale than immediately adjacent blocks. However, it was determined that when viewed in the context of the wider street scene and in longer views of the site, West Street is actually characterised by a range of building styles and heights including West One at seven to ten storeys and The Plaza at seven storeys. The scale of development was therefore considered appropriate, particularly as the architectural

150 approach to the development was deemed to be innovative and contemporary and utilised high quality materials such as corten steel cladding.

This application seeks to utilise the existing frame but to extend the height of the structure to secure the viability of the project. In the previous consent, the sixth floor was set back by two metres from the front and rear facades. As part of this application, the set back is omitted and the sixth floor is constructed up to the main face of the building. Additionally, a seventh floor is proposed but this is once more set back from the main front and rear facades by 2 metres. Importantly, the building does address the topography of the site and steps down in height from West Street to Westhill Lane such that the ridge height to West Street is 1.3 metres higher than the rear elevation to Westhill Lane.

In determining the scale of development, it is relevant to note that following extensive discussions with the applicant regarding the quality of the proposed development, this application seeks to retain the use of corten cladding as originally proposed, which secures the contemporary architectural approach to the building that was partially used to justify the scale of development within the previous application. Moreover, a revised scheme has been submitted that reduces the height of the top floor to a simple box form to minimise the visual impact of this upper storey.

An assessment of views of the development from the surrounding area demonstrates that from West Street, it will be quite dominant within the immediate streetscene. However, West Street is a key City thoroughfare that is relatively wide with a separation distance of 19 metres to the facade of the buildings opposite. Moreover, the proposed development is comparable to the scale of the Royal Plaza, which is in close proximity to the site. The proposed development is also of a lesser scale than recent developments within the locality of the site such as the Institute for the Blind site on Mappin Street, which is not on a main street and extends to 6/7 storeys. Additionally, the design of the building and the continued use of corten cladding in particular to the main elevations will result in a textured elevation that provides visual interest to the streetscene.

To Westhill Lane, the scale of development is clearly significantly greater than the existing adjoining buildings, largely because the scheme extends to the entire depth of the site. It is a floor higher than the previously approved scheme albeit that the top floor is set back by 2 metres, which will reduce the visual impact of this additional accommodation. However, the environment along Westhill Lane is currently very poor; it is primarily the ‘back’ of properties on West Street with limited fenestration treatment and a generally neglected appearance. This scheme will introduce an active use to the ground floor as well as provide natural surveillance by way of the student bedspaces above, which will improve the safety and attractiveness of this route. Because of the winding nature of Westhill Lane it is also considered that neither the east or west elevation will be fully visible from the street but will be glimpsed and partially obscured in its entirety by existing buildings. Additionally, the design now reflects the topography of the site, with the roofscape sloping from West Street to Westhill Lane.

151 In considering the increased massing to this building to both West Street and Westhill Lane, it is also acknowledged that the site has been in receivership and has not progressed beyond the steel frame for more than two years and in its current state, is considered detrimental to the appearance of West Street. The applicant has advised that the submitted scheme is viable and could be completed by Autumn 2012 if construction commences imminently.

On balance, taking into to account the need to secure a viable re-use for the site, the varied scale of development within the vicinity of the site and the contemporary architectural approach to the building, including the continued use of corten steel cladding, the proposed scale of development, whilst substantial, is not considered to be unduly overbearing to warrant a refusal of this application and it is therefore acceptable in this instance.

Architecturally, the previously approved 2006 scheme was determined to represent an original design that would add to the vitality of West Street and reinforce the innovative nature of development that was established by the Sinclair Building nearby. It is considered that this proposal will continue to retain the contemporary design; the main facades will primarily be constructed with corten steel cladding with a black matte aluminium metal finish to the top floor, both of which are deemed to be sufficiently high-quality materials that serve to break down the overall mass of development and contribute to the overall architectural merit of the scheme. The elevations to West Street and Westhill Lane are further articulated by a series of window bays that each incorporate a varied pattern of materials comprising a clear glazed unit, a coloured glazed unit and a powder coated aluminium panel set within a corten frame. The windows will be recessed to provide some visual relief to the elevation with the window returns and soffit also constructed in corten to ensure an appropriate quality of detailing. To the ground floor, a new shopfront is proposed that also incorporates a recessed entrance to the student bedspaces above. The shopfront will be constructed primarily in a blue/black brick, the details of which will be required by planning condition.

Overall, it is considered that the proposed development utilises high quality materials and maintains a sufficiently contemporary approach to the design that it will provide visual interest to West Street, to Westhill Lane and to the skyline in this part of the City. It is therefore in accordance with Policy BE5 of the UDP and Policy CS47 of the SDF Core Strategy.

Impact on the amenity of adjoining occupiers

Policy S10 of the UDP relates to conditions on development in shopping areas and seeks to ensure that new development does not cause residents to suffer any adverse amenity. In this case, there is evidence of residential accommodation on the first floor of 157 West Street and indeed, as part of the previous 2006 permission, it was acknowledged that the proposed development could have some impact on the amenity of this unit given the proposed depth of the building. However, the improvements to the amenity of Westhill Lane generated by the development were deemed to outweigh this particular concern. The impact of this proposal will be no greater than the previously approved scheme and on this basis,

152 it is therefore considered acceptable with the additional benefit that this scheme is understood to be deliverable.

It is also noted that the upper floors of the Cavendish Building opposite are in use as student accommodation. However, given the generous width of West Street and the fact that the top floor of the proposed development is set back by 2 metres to reduce its visual impact, the effect of this proposal is not significantly different from the previously approved scheme to warrant a refusal of this proposal on these grounds taking into account the benefits of completing the development of this site. It is therefore considered to accord with Policy S10 of the UDP.

The amenity of future occupiers

To ensure that a suitable quality of living accommodation is provided for future occupiers, the applicant was required to submit a Noise Assessment as part of this application to include daytime and night-time noise monitoring and consideration of noise control measures to the appropriate British Standards.

The Noise Assessment concludes that the main noise source in this case is road traffic with some noise arising from the adjoining Dominos Pizza operation, particularly from their mechanical services. The submitted noise survey concludes that the site falls within Noise Exposure Category C as defined within Planning Policy Guidance Note 24 (Noise), which means that planning permission should normally be refused. However, it is acknowledged that most urban areas and city centres fall within Category C such that, in practice, development is generally permitted subject to suitable sound insulation. In this case, there is also a need to mitigate potential noise outbreak between the ground floor commercial unit and the upper floors. However, the submitted Noise Assessment concludes that suitable noise control measures can be introduced within the development to secure a suitable noise level criterion to protect the amenity of future residents. The Council’s Environmental Protection Service has confirmed the Noise Assessment to be sufficient and concur with the proposed recommendations, which can be secured by means of a planning condition.

With regard to amenity, it is also determined that whilst the proposed student bedrooms are narrow and long in form (approximately 2.3 metres wide and between 12 and 15 metres in depth), each room as a full height window system to their room with the habitable accommodation to the front and the bathroom facilities towards the rear. The provision of accommodation is comparable with other student developments in the City and is considered to provide a sufficient quality of accommodation in this instance.

Sustainability

Policy CS64 of the Core Strategy relates to climate change, resources and the sustainable design of developments and advises that all new buildings and conversions of existing buildings must be designed to reduce emissions of greenhouse gases and function in a changing climate. They must also be designed to use resources sustainably. The supporting text to CS64 advises that

153 to satisfy the policy, all new residential developments should achieve the Code for Sustainable Homes Level 3.

Policy CS65 of the Core Strategy, which relates to renewable energy and carbon reduction, applies to both new buildings and conversions and requires all significant developments to secure the following, unless it can be shown not to be feasible or viable:

(i) Provide a minimum of 10% of the predicted energy needs from decentralised and renewable or low carbon energy AND (ii) generate further renewable or low carbon energy or incorporate design measures sufficient to reduce the development's overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy required to satisfy (i). This application includes the submission of a Sustainability Statement to address the requirements of Policy CS64 and CS65, which was revised in the course of the application to clarify the means to secure the objectives of these two policies.

With regard to Policy CS64, the applicant has submitted a preliminary Code Assessment, which indicates how Code Level 3 can be achieved. In this regard, the applicant has confirmed their willingness for a condition to be imposed requiring compliance with Code Level 3 to comply with Policy CS64.

In respect of Policy CS65, the applicant has confirmed within the Sustainability Statement that the development will also satisfy the requirements of CS65. This will be secured by means of a planning condition.

Highways Issues

As per the previous 2006 planning approval, this application proposes no car parking on the basis that it is a highly accessible location with excellent access to local services and facilities, and to public transport. Furthermore, this application promotes student accommodation and is in close walking distance to both Sheffield University and Sheffield Hallam’s City Centre campus such that it is sustainably located and a car-free development in this instance is acceptable. Servicing of the ground floor unit can be secured from Westhill Lane although details will be required by means of a planning condition.

Accessibility Issues

Policy H7 of the UDP relates to mobility housing and advises that in all new developments the provision of a proportion of mobility housing to meet local needs will be encouraged. It is noted that this application proposes student housing where the level of provision required is unclear. However, two mobility units are indicated on each floor, which are wider (2.9 metres) to accommodate a wheelchair-turning circle. In addition, the applicant has confirmed that a level access can be provided to the residential entrance on West Street with lift access to all floors.

154 In respect of the retail development, Policy S11 of the UDP advises that retail development will be required to provide access for pushchairs and people with disabilities. The retail and café/restaurant uses will be designed to accommodate both access for pushchairs and people with disabilities, as required by the Building Regulations Part M.

The proposed development is therefore considered to provide suitable access for all in accordance with Policy H7 and S11 of the UDP.

Affordable Housing

In accordance with Policy CS40 of the Core Strategy, which relates to the provision of affordable housing, this application proposes fewer than 60 student bed spaces such that there is no requirement for affordable housing in this case.

Open Space

Policy H16 of the Unitary Development Plan requires that the developer make a financial contribution towards the provision or enhancement of public open space within a kilometre of the application site. This is also applicable to student accommodation.

In addition, the Adopted City Centre Living Strategy advises that Sheffield’s City Centre has very limited areas of open space, green or otherwise, that can be enjoyed by both residents and workers. This situation is becoming more acute as the numbers of people living in the City Centre grows. As a result, Guideline 12 of the CCLS advises that new city centre housing developments for developments of five or more dwellings, or more than twenty five bedspaces of student accommodation will be expected to provide courtyards or green spaces or roof gardens, screened from street noise, where possible; and high quality multi- purpose open space which the residents and the public can use. It confirms that in order to provide open space available to the public, developers will be expected to make a financial contribution to the City Council towards the provision or enhancement of open space in the city centre, prioritising open space in the same quarter as the development; or provide appropriate publicly accessible open space as part of their development which would complement the city centre open space strategy.

The application does not make any provision for open space within the development such that a full contribution should be sought towards open space provision within the City Centre.

Such a financial contribution will be the subject of a legal agreement. In this regard, it is relevant to note Circular 05/05: Planning Obligations, which introduces tests to ensure that the requirement for a financial contribution linked to approving development, is justifiable. The main tests the Circular introduces are:

1. The contribution is relevant to planning. 2. The contribution is essential for consent to be granted. 3. The contribution is proportionate to the scale of the development.

155

In this case, the contribution in relation to the provision of 56 student bedspaces is equivalent to £40,376.00 based upon a contribution per bedspace. However, in response, the applicant has advised that they are seeking to deliver a high quality development on a difficult site on the grounds that they are taking on the risk associated with a site that has been held in receivership and also, the risk of a site that has been partially constructed in breach of pre-commencement planning conditions. The applicant also disputes the definition of student accommodation as shared housing within the City Centre Living Strategy and advises that their calculation of the contribution is based upon 11 units of 3 or more bedrooms, which would be equivalent to a contribution of £18,645.

In response, it is advised that Officers do not concur with the applicant’s assessment that student accommodation should be regarded as 3+ bedroom housing as it is deemed to clearly fall within the category of shared housing, as defined within the City Centre Living Strategy. However, it is acknowledged that this application seeks to bring forward a site that has previously been held in receivership and was commenced without discharging the appropriate planning conditions. It is also acknowledged that the site has subsequently remained vacant for almost three years and it is considered a positive benefit to the wider City environment to bring forward this revised proposal. Accordingly, on the basis that the applicant has expressed a clear commitment to commence the development this year and to complete next year by October 2012, it is recommended that a contribution of £18,645 is acceptable in this instance to encourage the delivery of this site. In the event that the development did not commence this year and was not completed by October 2012, the Council would subsequently seek the full contribution of £40,376.00. Given that the development has already commenced on site, it is proposed that the Section 106 is payable on or before the external wall treatment reaches first floor level on any part of the existing steel frame.

The provision of a Section 106 contribution for open space is consistent with Policy H16 of the UDP and also the City Centre Living Strategy such that it is relevant to planning. Such a contribution is also considered to be essential in order to improve the infrastructure of the area from which the future users of the development will benefit. It is also determined that the contribution is reasonable in relation to the scale of the development and a figure per unit is a proportionate way to calculate a contribution. The proposed Section 106 contribution towards open space is therefore considered to be justified in respect of Circular 05/05: Planning Obligations.

SUMMARY AND RECOMMENDATION

This application proposes to utilise and extend the existing steel frame on site to deliver a seven-storey contemporary building comprising a ground floor within Use Class A1 (retail) or A3/A4 (restaurant/café/bar) with 11 student flats on the six floors above, which will deliver 56 bedspaces.

Within the Adopted Unitary Development Plan (UDP), the application site falls within the Central Shopping Area and is also designated within the City Centre

156 Housing Priority Zone. Policy S3 of the UDP relates to development within the Central Shopping Area and advises that shops (A1), offices used by the public (A2), food and drink (A3-A5) and housing are preferred uses within the City Centre. As such, the principle of a mixed-use development as proposed is entirely in accordance with Policy S3. It is also considered to comply with Policy CS17 of the SDF Core Strategy and the Devonshire Quarter Action Plan to create a vital and viable mixed-use area and will also contribute to City Centre living in accordance with Policy CS27. Whilst contrary to Policy CS41 of the Core Strategy in terms of the proportion of student accommodation within 200 metres of the application site, it is concluded that a student development in this urban location in such close proximity to the two university’s will not imbalance and existing community and is sustainable student location such that a recommendation contrary to Policy CS41 is deemed appropriate in this instance.

In terms of the scale of development, whilst acknowledging that it is substantial in relation to the immediately adjoining properties, it is comparable with development in close proximity to the site such as the 7 storey Royal Plaza and it is also the case that this application proposes to utilise high quality contemporary materials within a modern design that will enhance the streetscene, particularly in comparison to the existing site, which comprise a redundant steel frame that has remained in situ for more than two years. It is therefore in accordance with Policy BE5 of the UDP and Policy CS47 of the SDF Core Strategy.

The applicant has demonstrated that a suitable level of amenity can be secured for future occupiers and the impact on the amenity of adjoining occupiers is not so detrimental as to warrant refusal of this application, given the previous 2006 permission. It is therefore in accordance with Policy S10 of the UDP.

It is determined that the development can meet the sustainable requirements set out in Policies CS64 and CS65 of the SDF Core Strategy. It is also suitably accessible in accordance with Policy H7 and S11 of the UDP and is centrally located within the City Centre that a car-free development is appropriate. Finally, it is determined that subject to the requirement for a contribution towards open space in the City Centre, taking into account the particular circumstances of this site and an agreement towards a reduced open space contribution, the development will ensure the provision or enhancement of public open space within a kilometre of the application site to the benefit of future residents.

In conclusion, it is determined that the application is sufficiently in accordance with planning policy as set out in the report above such that it is recommended for approval subject to conditions and subject to a Planning Obligation under Section 106 with the following Heads of Terms: i. The Owner shall pay to the Council, on or before the external wall treatment reaches first floor level on any part of the existing steel frame, the total sum of £18,645 to be used for the provision of open space in the locality of the site within the City Centre. In the event that the development is not re-commenced on site in accordance with the scheme hereby approved within 6 months of the date of this permission, or in the event that the development is not substantially completed by 31st October 2012, an additional sum of £21,731.00 will be payable by 31st

157 December 2012 to provide a total sum of £40,376.00 to be used for the provision of open space in the locality of the site within the City Centre.

158

Case Number 10/03699/RG3

Application Type Application Submitted by the Council

Proposal Outline application for the construction of a new single carriageway public highway from Meadowhall Way, passing under Tinsley Viaduct to Sheffield Road with pedestrian footways and a shared cycleway including construction of 2 bridges over the River Don, a level crossing for the Supertram, a bridge over the Network Rail Freight Line, retaining walls, attenuation ponds, streetlighting and a footpath link to the Transpennine Trail (this application is accompanied by an Environmental Statement)

Location Land Off Meadowhall Way And Sheffield Road, Tinsley Sheffield S9 1EA

Date Received 10/11/2010

Team CITY CENTRE AND EAST

Applicant/Agent Sheffield City Council

Recommendation Grant Conditionally

Subject to:

1 The development shall not be commenced unless and until full particulars and plans thereof shall have been submitted to the Local Planning Authority and planning approval in respect thereof including details of appearance (matters reserved by this permission) shall have been obtained from the Local Planning Authority.

Until full particulars and plans of the development (including details of the matters hereby reserved) are submitted to and approved by the Local Planning Authority they cannot agree to the development proceeding.

2 Application for approval in respect of any matter reserved by this permission must be made 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.

159 3 The development shall be begun not later than whichever is the later of the following dates:- the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

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

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

In the interests of the amenities of the locality.

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

In the interests of the amenities of the locality.

6 Before any development commences cross sections and contour plans of the proposed infiltration ponds and amended E.ON Sustainable Urban Drainage ponds shall be submitted to and approved by the Local Planning Authority. These shall be contoured to give a natural outline and benched profiled to enable planting of wetland marginal and aquatic vegetation, details of which shall be incorporated into the landscape scheme.

In the interests of the amenities of the locality.

7 Before any development commences details of hard surfacing to the rain shadows of the two bridges shall be submitted to and approved by the Local Planning Authority. These shall be finished in natural materials unless otherwise agreed in writing by the Local Planning Authority.

160 In the interests of the amenities of the locality.

8 Noise from construction and earthworks shall not exceed 75dBLeq (8 hours) when measured at the nearest noise sensitive receptors between 0730 and 1800 hours.

In the interests of the amenities of the locality and the occupiers of adjoining residential properties.

9 Prior to the commencement of any works on site the applicant shall submit a method statement giving details of all dust control measures to be employed during the construction phase of the development. The approved scheme shall be implemented throughout the construction phase.

In the interests of the amenities of the locality.

10 Before the Tinsley Link is brought into use details of a scheme to minimise light pollution from the road lighting shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented as part of the road scheme.

In the interests of the amenities of the locality.

11 The landscaping scheme shall not be limited to the ‘proposed areas of landscaping’ as defined on plan P14 E, and shall include; -blocks of planting of a mixed belt of staked feathered trees and forestry transplants, -sowing of native wildflower and grass species under trees, in areas damaged by construction on both sides of the Link Road between the Tinsley Viaduct and Fitzwilliam Bridge.

It shall take into account existing vegetation to be retained and the E.ON landscape scheme and shall also include details of a topsoil trench to be planted with self clinging plants along parts of the retaining structure. In addition it shall include landscaping for the traffic island junction with Sheffield Road which should incorporate simple treatment with semi mature trees, wildflower meadow/grass seeding and bulbs. The approved details shall be implemented in the same timescale as the rest of the landscaping works.

In the interests of the amenities of the locality.

12 Before any development commences details of the design of the culverts beneath the reinforced earth embankment shall be submitted to and approved by the local planning authority. The culverts shall be designed to facilitate wildlife movement either side of the structure. The approved details shall be implemented before the link road is brought into use.

In the interests of mitigating the impact of the proposal on the movement of wildlife and to maintain and enhance the biodiversity of the area.

161

13 Before the footpath link to the Transpennine Trail is constructed, details of its design along with the associated railings shall be submitted to and approved by the Local Planning Authority. Thereafter the works shall be carried out in accordance with the approved details.

In the interests of the amenities of the locality.

14 The development shall not be begun until the land between the eastern boundary of the link road and the land forming part of planning application 11/00246/REM has either; a) been landscaped or b) details have been submitted to and approved by the Local Planning Authority or arrangements to ensure that the above area is landscaped before the link road is bought into use.

In the interests of the visual amenities of the locality and in order to ensure a co-ordinated development.

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

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

16 The development shall be carried out in material compliance with the mitigation proposals set out in the following paragraphs of the Environmental Statement. - 5.5.4, 7, 15. - 7.5.15, 16, 30, 31. - 8.5.15, 16, 17, 18, 19. - 9.5.4, 7, 10. - 11.5.8, 9, 10, 11, 12, 13, 15, 23, 24, 25 (except the first point), 32, 33, 34, 38, 39, 56, 57, 58, 64, 65, 66, 67, 68, 69, 70, 71, 82, 86. - 12.5.10, 13, 21, 27, 28. - 13.5.11, 12.

In the interests of the amenities of the locality and ensuring the environmental impacts of the scheme will be limited as assessed in the Environmental Statement.

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

162

In the interests of the safety of road users.

18 Before the development commences details of the routing and timing of construction traffic movements shall be submitted to and approved by the Local Planning Authority. Thereafter construction traffic shall be managed in accordance with the approved details.

In the interests of amenities of adjoining occupiers and in the interests of minimising the air quality impacts.

19 Prior to the construction of the Tinsley Link commencing, details of a scheme for incorporating public art into the design along with a timescale for implementing the proposals shall be submitted to and approved by the Local Planning Authority. The agreed scheme shall be implemented in accordance with the approved details and timescale.

In the interests of the amenities of the locality and Unitary Development Plan policy BE12.

20 The southern embankment of the Fitzwilliam Bridge shall be designed to allow for the construction of a 3m wide level platform to accommodate a future footpath link to Magna.

In order to ensure the link road bridge does not prejudice the provision of a future pedestrian link to the Magna site as proposed in the M1 Gateway Masterplan and in the interests of the amenities of the locality.

21 The footpath beneath the Fitzwilliam Bridge shall be constructed in concrete with a resin bonded surface and the width of the footpath shall be no less than 2.6m wide. Prior to the works being carried out details of the design of the works shall be submitted to and approved by the Local Planning Authority.

In the interests of maintaining an appropriate quality and width of pedestrian cycle route.

22 Before any development commences details of foundation design of the Fitzwilliam Bridge and engineering assessment of the impact of the works on the integrity of the waterway 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 protecting the integrity of the waterway infrastructure.

23 Before any development commences details of improvements to the towpath surface between the Halfpenny Bridge and the north western extent of works adjacent to the towpath shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented before the Tinsley Link is brought into use.

163

In the interests of ensuring that the proposed works do not have a harmful impact on the surface of the towpath and mitigating the negative visual impact of the proposal on the towpath.

24 The development permitted by this permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) by PBA (ref 22534/005, dated October 2010) and the following mitigation measures detailed within the FRA: 1. A detailed drainage design, developed in accordance with the principles set down in the FRA (as stated on pages 9, 21 and within Appendix 7), to be submitted to and approved by the Local Planning Authority prior to the commencement of development (to include details of how the scheme will address flows from surface water drainage up to and including the 100 year rainfall event and providing an allowance for climate change). The scheme shall detail phasing of the development and phasing of drainage provision, where appropriate. Principles of sustainable drainage shall be employed wherever possible. No part or phase of the development shall be brought into use until the drainage works approved for that part or phase has been completed. 2. Carriageway levels shall be set no lower than 0.7m above the 100 year plus climate change water level for the River Don (as stated on pages 16 and 21 of the FRA). 3. The detailed design for the road embankment must ensure that there is no significant impact on water levels up to and including the 100 year return period (as stated on pages 16 and 21 of the FRA). 4. The existing flow routes within the Blackburn Meadows renewable energy site and the surface water drainage scheme are preserved, as part of the detailed design of the Tinsley Link road (as stated on page 21 of the FRA). 5. The soffit levels of the two bridges, Fitzwilliam Bridge and Meadowhall Bridge, shall be no lower than 39.2m AOD and 33.2m AOD respectively (as stated on pages 17 and 21 of the FRA).

In order to control surface water run off from the site, mitigate against the risk of flooding and ensure the scheme does not have an adverse impact on the flood mitigation scheme agreed for the renewable energy plant.

25 Before the development is commenced, actual or potential land contamination and ground gas contamination at the site shall have been investigated and a Phase 1 Preliminary Risk Assessment Report shall have been submitted to and approved in writing by the Local Planning Authority. The Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004).

In order to ensure that any contamination of the land is properly dealt with.

26 Any intrusive investigation recommended in the Phase I Preliminary Risk Assessment Report shall be carried out and be the subject of a Phase II Intrusive Site Investigation Report which shall have been submitted to and approved in writing by the Local Planning Authority prior to the development

164 being commenced. The Report shall be prepared in accordance with Contaminated Land Report CLR 11 (Environment Agency 2004).

In order to ensure that any contamination of the land is properly dealt with.

27 Any remediation works recommended in the Phase II Intrusive Site Investigation Report shall be the subject of a Remediation Strategy Report which shall have been submitted to and approved in writing by the Local Planning Authority prior to the development being commenced The Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

In order to ensure that any contamination of the land is properly dealt with.

28 All development and associated remediation shall proceed in accordance with the recommendations of the approved Remediation Strategy. In the event that remediation is unable to proceed in accordance with the approved Remediation Strategy, or unexpected contamination is encountered at any stage of the development process, works should cease and the Local Planning Authority and Environmental Protection Service (tel: 0114 273 4651) should be contacted immediately. Revisions to the Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority. Works shall thereafter be carried out in accordance with the approved revised Remediation Strategy.

In order to ensure that any contamination of the land is properly dealt with.

29 Upon completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy a Validation Report shall be submitted to the Local Planning Authority. The development or any part thereof shall not be brought in to use until the Validation Report has been approved in writing by the Local Planning Authority. The Validation Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

In order to ensure that any contamination of the land is properly dealt with.

30 Piling or other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

The site has previous industrial uses and contaminated land is likely to be present on site. This condition is needed to ensure the development does

165 not create any new pathways for contaminants to pollute ground waters or surface waters.

31 The development hereby permitted shall not be commenced until such time as a scheme to install oil and petrol interceptors, or a retention pond to treat and attenuate surface water run-off prior to discharge to the River Don, has been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall be implemented as approved.

To reduce the risk of pollution to the water environment to an acceptable level.

32 No development work, including ground clearance and demolition work shall take place unless and until the developer, their agent or their successor in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been submitted to and approved in writing by the Local Planning Authority.

33 The reserved matters application for appearance of the link road and structures shall be in designed to incorporate the mitigation elements within section 14 of the Tinsley Link Design and Access Statement and the mitigation sections of the Landscape and Visual Impacts section of the Environmental Statement.

In the interests of mitigating the visual impact of the scheme.

34 Before any development commences details of security fencing and lighting adjoining the railway line shall be submitted to and approved by the Local Planning Authority.

In the interests of the safe operation of the rail network.

35 The development must be carried out in complete accordance with the following approved documents;

- HD/BN653/P16G, P17A, 04/01E, 01/01C, 03/01D, 02/01A, P14E

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

36 The detailed design of the soffit to the Meadowhall Way bridge shall be submitted to and approved by the Local Planning Authority before construction of the bridge commences and shall have regard to the Environment Agency best practice of avoiding blockages at bridges.

166

To mitigate against the risk of flooding.

Attention is drawn to the following justifications:

LR5 - Development in Open Space Areas GE13 - Areas of Natural History Interest and Local Nature Sites CS47 - Safeguarding Open Space CS59 - New Roads

The principle of the Tinsley Link is supported by Core Strategy policy CS59. The Environmental Statement and supporting information shows that the link will reduce congestion and release capacity at J34S to allow for new development in the area, which will facilitate significant investment and employment generation in the Lower Don Valley. With the BRT scheme it will facilitate the delivery of enhanced public transport services between Sheffield and Rotherham and the commercial and housing areas on the route. Other impacts on the local highway network are fairly minor, a notable benefit being the reduction of traffic on Sheffield Road west of the new junction. There will also be benefits for pedestrians/cyclists due to improved connections for Tinsley residents to Meadowhall and the Transpennine Trail. With the road in place the air quality and noise impacts on Tinsley residents are predicted to be beneficial, with a small worsening of air quality in the vicinity of Meadowhall shopping centre. Although the link road is to be constructed within a flood zone the flood risk assessment shows that it will not worsen flooding elsewhere and has been designed to be resilient to climate change. It also passes the sequential and exception tests as required by PPS 25. The impact on the nature conservation interest of the site has been shown to be insignificant.

There will be some temporary negative impacts during construction due to noise, dust and additional lorry movements. However the impact will be minimised by the mitigation proposed. The Fitzwilliam Bridge and the reinforced embankment along with increased traffic noise and artificial lighting will have a negative amenity impact, particularly for users of the Transpennine Trail. Even with the mitigation in place the impact will be noticeable, particularly in the winter months when the tree cover provides less screening. However these dis-benefits along with the other minor dis- benefits are considered to be significantly outweighed by the benefits of the scheme.

167 Attention is drawn to the following directives:

1. The applicant is advised that the landscaping scheme referred to above needs to include for mitigation of ground conditions to a depth of 750mm.

2. The design of the railings to the new link to the Transpennine Trail should match those used on the Five Weirs Walk and direction signage should be provided to the Transpennine Trail and Blackburn Meadows Nature Reserve.

3. The applicant is advised that prior written consent of the Environment Agency is required for any proposed works or structures, in, under, over or within 8 metres of the top of the bank of the River Don.

4. The applicant is advised to consult Network Rail with full details of excavation and earth works near to the rail undertakers boundary fence.

168 Site Location

169

LOCATION AND PROPOSAL

The application site comprises a linear corridor of land that extends from Sheffield Road Tinsley, opposite St Lawrence and Ferrars Road, through to Meadowhall Way, close to the Meadowhall coach park. The site area is approximately 11.8 hectares. The topography of the site is generally flat as it lies in a valley bottom, although the land on the south bank of the river is at a higher level.

The new road will be approximately 800m in length. It starts with a new signalised T junction with Meadowhall Way at the western end. A new bridge carries the road over the River Don where it continues east across the Supertram tracks and under the Tinsley Viaduct. Approximately 100m east of the viaduct it begins to rise on an earth reinforced embankment through the southern edge of the former Blackburn Meadows power station site that has now been reclaimed by E.ON for their Biomass power station. The reinforced embankment is approximately 450m long and rises to maximum height of approximately 10.5m above existing ground levels. A new bridge carries the road over the network rail line providing 5m clearance to allow for future electrification. At this point a pedestrian connection will be created to the Transpennine Trail. The further bridge (referred to as the Fitzwilliam Bridge) carries the road over the River Don and south across a reclaimed but vacant site, which has permission to be developed for industrial and warehouse units. A new signalised junction will be created where the road meets Sheffield Road.

The application is in outline with detailed approval being sought for all matters except appearance. This means that the appearance of the bridges, the raised embankment supporting the road and retaining walls are all reserved for future consideration.

The new highway will have a single carriageway in either direction increasing to two lanes which will give priority to public transport on the approach to the junctions at either end. The road will have a speed limit of 30mph and a 2m wide footpath will be provided on the north side and 3m wide shared use footway and cycleway on the south side. The road is supported on a reinforced earth structure as it approaches the bridges over the River Don and railway. At carriageway level it has a width of 13m. It will be faced in concrete panels the colour and finish of which is yet to be determined. The two river bridges will be constructed with steel beams and concrete decks and abutments, the railway bridge will comprise of pre-cast concrete beams with concrete abutments. The road and its junctions will be lit.

The applicants supporting statement says the Tinsley Link is needed to support investment and major employment generating development in the Lower Don Valley. These large scale development proposals are expected to bring more than £200 million to the local economy when fully operational. It also states that Junction 34S of the motorway has already reached capacity and is subject to significant peak time congestion. The Tinsley Link will create additional capacity at

170 this junction allowing new development to proceed. Without this additional capacity schemes would be unlikely to progress. For example the full extent of the British Land’s River Don Development can only proceed when the Tinsley Link is in place.

The Tinsley Link will form part of the northern route of the Bus Rapid Transit (BRT) which runs from Sheffield centre to Rotherham centre, through the Lower Don Valley. The BRT scheme is intended to enhance connections between the two centres, improving sustainable access to key employment, housing and retail locations. It will provide a fast limited stop bus service between the two centres creating a step change in quality, capacity and reliability of public transport. The Tinsley Link will by-pass the congestion bottle necks around the motorway junctions and help address congestion and air quality issues. Following the coalition government’s spending review BRT north was submitted to the Department for Transport as an ‘Expression of Interest’ scheme. The applicant was notified that this was successful in February of this year and the scheme has gone into the ‘Development Pool’. A ‘Best and Final Offer Submission’ has to be made by September of this year and a final funding decision is expected by the end of the Calendar year.

RELEVANT PLANNING HISTORY

Part of the Tinsley Link passes through a site where outline planning permission was granted for a renewable energy plant with associated flood management works for E.ON UK in September 2008, planning permission 08/01225/OUT. This consent included a condition protecting the alignment of the Tinsley Link.

Part of the Tinsley Link passes through a site adjoining Sheffield Road where planning permission was granted for business and industrial units in May 2009, permission 08/05749/OUT. This permission included a condition protecting the alignment of the Tinsley Link.

SUMMARY OF REPRESENTATIONS

The applicant engaged in community consultation prior to submitting an application and this is referred to in the Statement of Community Involvement. The pre- application community consultation included:

- Member briefings - A scheme specific web information page on the council’s web site. - Public meetings with Tinsley forum (2), East End Strategy Group (2) - Public exhibitions, two a Meadowhall and 1 at Tinsley One Stop shop. - 2 articles publicising the scheme in the Tinsley Tribune which is circulated to approximately 4600 properties in the Tinsley area.

The scheme was described in all the above forums and comments could be made at the meetings or through the web page.

The key concern raised was that the scheme could impact on the local road network and encourage rat running through residential roads by drivers accessing

171 the new link road. The residential roads that would be likely to be affected such as St Lawrence Road are already traffic calmed and unlikely to be attractive to rat running. The modelling predicts a minor increase in traffic on St Lawrence Road in the morning peak. However the applicant acknowledges that this is only a prediction and therefore the impact of the scheme will be monitored and reviewed. This will determine if further action is needed and appropriate.

One Tinsley resident has objected to the proposal on the following grounds.

- The junction is over complicated and difficult for pedestrians to cross. - The scheme will create traffic queues and increase noise and pollution on the residential part of Sheffield Road. - Bus operators will route services along the link road by-passing Tinsley and St Lawrence Road. The limited stop fast BRT service does not serve the needs of Tinsley residents. - The scheme is not consistent with PPG 13 in respect of encouraging access to services and facilities on foot, bike and by public transport. - Right turns from St Lawrence Road are to the detriment of existing residents.

South Yorkshire Passenger Transport Executive consider that the proposals will improve public transport accessibility in the area as connectivity between Sheffield and Rotherham will be improved whilst unlocking land for economic development. The bus priority measures will free up bus services from the traffic using the road, thereby enabling public transport to remain a viable option. The bus operators have been consulted and have raised no objections. The crossing of the Stagecoach Supertram tracks will result in a minimal delay to the tram which will not be problematic.

Stagecoach Supertram has no objections to the proposal as they agree it will improve public transport in the area. They have made a number of detail points about minimising the disruption during construction which are matters for the project team designing the road.

The Highways Agency has no objections as it is considered that when operational the proposal will not dis-benefit the operation of the motorway or junction 34S. They have directed that a condition be attached requiring construction traffic arrangements to be submitted for approval in order to avoid the proposal impacting negatively on the motorway.

British Waterways Board have no objections subject to conditions that ensure that the integrity of the waterway is not affected by the bridge foundations, an adequate width of towpath being maintained under the bridge, and the bridge being no lower than the adjacent railway bridge. They have also suggested that improvements to the towpath should be carried out.

Network Rail has no objections to the proposal subject to the necessary bridge agreements and easements being in place, provision of appropriate security fencing and being consulted on the landscaping and lighting adjoining the railway.

172 Yorkshire Water has raised no objections to the drainage proposals.

Rotherham Borough Council has no objections to the application.

E.ON UK has raised no objection to the application.

British Land has advised that they are supportive of the principle of the Tinsley Link and the BRT north project. However they submitted a late objection on the basis that the soffit of the underside of the proposed Meadowhall Way Bridge should be increased by 500mm. They say that this is necessary as the Environment Agency normally requires a freeboard of 500mm between the predicted water levels and the underside of structures such as bridges, which they say has been reduced in this case. This will provide a safety margin to cater for the potential uncertainty in the flood modelling estimates. The applicant has since agreed to increase the height of the bridge soffit by the 500mm requested and British Land has confirmed that they have no objections subject to soffit level being no lower than 33.2 above ordinance data. This has now been made a requirement of a planning condition. They are also seeking confirmation that the detailed bridge design will have regard to the Environment Agency best practice regarding avoiding blockages due to floating debris. This has also been incorporated into a planning condition.

PLANNING ASSESSMENT

Policy Issues

The majority of the site lies within a general industrial area and proposed industry and business site as identified on the Unitary Development Plan Proposals Map. Preferred uses are general industry and warehousing, new highways are not specifically referred to in the policy and therefore should be considered on their merits.

The north side of the Fitzwilliam Bridge over the River Don and the south side of the abutment to the railway bridge lie within an open space area and area of natural history interest that runs along the length of the River Don. The west side of the abutment to the Meadowhall Way Bridge also sits within a linear open space area that adjoins the River Don and the Meadowhall Centre.

Unitary Development Plan policy LR5 states that development in open space areas will not be permitted where it is in conflict with the listed criteria. The most relevant of these are where; - It would cause damage to nature conservation sites. - It would cause damage to mature woodland or result in the significant loss of mature trees. - It would detract from the green and open character of the green network. These issues are assessed in more detail below, however the conclusions in the impact assessment are that the ecological impact and harm to woodland is limited. The scheme will however detract from the character of the green network, although this dis-benefit needs to be weighed against the wider regeneration and public transport benefits of the scheme.

173 Unitary Development Plan policy GE13 states that in areas of natural history interest, development that would damage the interest will not be permitted. Development that would decrease the nature conservation value must minimise the impact and compensate for losses by the creation or enhancement of wildlife habitats elsewhere within the site or local area. This is considered in more detail below, however it is concluded that the impact on the nature conservation value of the site will not be significant.

Core Strategy Policy CS 47 states that development of open space will not be permitted where it would; - Result in a quantitative shortage of either informal or formal open space. - It would result in the loss of open space that is of high quality or of heritage, landscape or - People in the local area would be denied easy or safe access to a local park or to smaller informal open space that is valued or well used by people living or working in the local area; or - It would cause a break in the city’s Green Network.

There will only be a small impact on open space at the point where the two bridges cross the River Don. In both cases the proposal will not significantly affect the quantity of open space or result in the loss of open space that is of such high quality that it would justify resisting the proposal. The proposal will not prevent access to open space and will not cause a break in the Green Network.

Core Strategy Policy CS 59 states that new roads will only be promoted where they improve the movement of public transport, pedestrians or cyclists, where they enable regeneration and where they reduce serious traffic impacts on the local environment and there is no sustainable alternative option. This proposal will secure all of these objectives and is one of the specifically identified new road proposals in this policy. Therefore the scheme is supported by this policy.

Access Issues

The provision of the Tinsley Link (formerly known as the Half Penny Link Road) has been a high priority scheme for some considerable time.

It was identified within the Babtie Study in the late 1990’s as an essential element of transport infrastructure, to help promote economic regeneration in the Lower Don Valley. The MOUSTI Study (Memorandum of Understanding Strategic Transport Initiatives) undertaken by the Highways Agency indicated this was the only realistic scheme that would offer any significant benefits to the M1 Junction 34 South.

The Tinsley Link will be a simple two lane carriageway widening out to provide bus priority lanes/turning lanes at new junctions on Sheffield Road and Meadowhall Way. The new road will also include a signalised crossing of the existing Supertram route.

At present the Tinsley Link is being pursued as part of the northern route for Bus Rapid Transit linking Sheffield and Rotherham centres. It is intended to provide a

174 high quality link by-passing Junction 34 (South) to ensure both new and existing bus services which will divert onto this route can achieve benefits in decreased journey times and increases in journey time reliability.

A new crossing of the Supertram line will be created and the impact is that Supertram journey times will typically be extended by less than 5 seconds. This is considered to be negligible. By constructing the Link Road as an all purpose route, the benefits that will be gained for public transport will also accrue to all road users.

The Tinsley Link has been subject to a detailed traffic modelling study. This study has confirmed that construction of the new link will create significant journey time savings in the Lower Don Valley area, the assessment tested the road against a potential opening date of 2014 and against a future year of 2029. In both tests although traffic flows increased, (as would be expected when some of the major development sites now granted are built), actual journey times in the area fall slightly, (6% fall in the morning peak and 9% fall in the evening peak) with the construction of the road. This represents a significant time saving for the 25- 28,000 vehicles that are predicted to be running on this section of the network in the peak hours.

The other significant benefit this new road brings is that the initial assessment work shows that the link would not operate at full capacity. This in turn should allow further development proposals to come forward in the Lower Don Valley Areas of both Sheffield & Rotherham, as at least initially junction capacity issues at 34 (South) will not be a limiting factor.

The construction of the new road will lead to a slight increase in traffic on Meadowhall Way in both directions. Part of this increase is attributable directly to approved development proposals to the west of Meadowhall by British Land. The highway alterations agreed as part of these development plans have been designed to complement this scheme. Revisions to the traffic signal timings along Meadowhall Way will be required to accommodate this additional traffic, which in turn will lead to a small increase in delay for vehicles exiting the Meadowhall car parks. British Land has been fully consulted on this application and they have been involved with the development of BRT North.

Sheffield Road to the east of the new link junction will experience an increase in traffic flows, whilst the section of Sheffield Road between the new junction and Junction 34 (South) will see a fall in flow. On balance it is felt that the link road will have a slight positive benefit to this section of Sheffield Road, as the section of road seeing a reduction in traffic flow, and the subsequent benefits in air quality, is more residential in nature.

St Lawrence Road will experience a small increase in traffic in the morning peak hour of between 26 – 49 vehicles, this is because the route becomes more attractive to some of the other access points from the estate, and this increase will be mainly made up of local residents.

175 The proposed link road will have a negligible impact on the operation of the M1 Junction 34 (North), together with only a very limited impact on the local highway network to the north of the link roads new junction with Meadowhall Way.

The Highways Agency fully support the construction of this link road, due to the potential benefits it brings to the operation of the Junction 34 (South), which in turn should help minimise the occurrence of queuing back from this junction onto the main running lanes of the M1, which is a significant safety concern to the Agency.

The scheme is not expected to have a material impact on road safety, as although the creation of the new road junctions may well give rise to additional accidents at these location’s, there should be a corresponding reduction at existing junctions, where traffic has been diverted away from.

The number of vehicle movements associated with construction traffic is such that it is unlikely to have a significant impact on the highway network. The normal daily construction traffic flow will be around 40 two way movements giving a maximum peak hour increase of around 8 two way movements. This will increase for a short period of the contract to around 40 peak hour movements when the bulk filling operation to the raised section of road is undertaken, even this short term increase only represents a very modest increase in HGV movements on the principle road network. Therefore it has been scoped out of the Environmental Statement. It is envisaged that construction vehicles will be routed to the site from the principal road network to site access points from Meadowhall Way and Sheffield Road.

To mitigate the potential impact construction traffic might have in the peak hours, the contractor will be required to schedule most of the HGV movements outside of the peak hours, and each construction access point will have suitable wheel wash facilities to ensure mud/debris from the construction site is not deposited on the adjacent public highway.

Pedestrian and cycle provision comprises of a footpath on the north side and shared footpath and cycleway on the south side of the link road. At the western end the footpaths and cycle way connect to the existing footpaths and cycleway adjacent to Meadowhall Way. A Toucan crossing will be provided across the mouth of the Tinsley Link. At the eastern end the footpaths will link with the existing footpaths on Sheffield Road and pedestrians and cyclists will be able to cross the junction and Sheffield Road by Toucan crossings. Residents of Tinsley will have will have a more direct pedestrian and cycle route to Meadowhall and the interchange, and a new link to the Transpennine Trail. This should be seen as a positive advantage of the scheme.

The gradients of footways have been designed to give full access for disabled users. The maximum gradient of the Tinsley Link is 1 in 25. The Access Liaison Group will be consulted during the development of the detailed highway design to agree the final layout of crossings. Due to the level difference and the land available it has not been possible to achieve the desirable gradient of 1 in 20 for the link to the Transpeninne Trail, the gradient of the link will be approximately 1 in 9.

176 During the construction period parts of the existing highway network, including a section of the Transpennine Trail, will require temporary closure to facilitate the construction works. This will be a short term inconvenience to existing local residents and other highway users, but these will be kept to a minimum and alternate routes provided where necessary.

Visual Impact and Design

It should be noted that the alignment of the Tinsley Link has been constrained by a number of factors. These include;

- Traffic management constraints that affect the positioning of the Meadowhall Way junction. - Land reserved for the Sheffield Road junction within a committed development. - Clearance from the Yorkshire Electric sub-station. - Minimising the impact on the E.ON surface water drainage ponds. - Providing sufficient clearance over the railway line to allow for electrification and minimising the length of bridging structure in order to reduce construction and maintenance costs.

The option of constructing the road on stilts was dismissed due to the high cost of construction and maintenance. A traditional embankment structure was also rejected because of the impact it would have on flood storage.

The character of the area through which the link road passes is defined by; - Vacant sites and industrial buildings. - The green corridor adjoining the canal and River Don. - Transport infrastructure such as the Tinsley Viaduct and the railway line. - Housing at the eastern end of the site.

The site is located in the valley bottom with higher land to the north and south on the valley sides. Much of the route of the link road passes through lower quality vacant industrial land, that is, the E.ON biomass power site and the reclaimed but largely undeveloped Vantage Park site adjoining Sheffield Road. However it should be noted that most of the route through the E.ON site passes through a part of their site that will be utilised for a sustainable urban drainage scheme and landscaped to enhance its biodiversity. It is likely that the landscaping works will be implemented before the road is constructed and therefore a significant portion of the site may have been greened by the time the road is developed. The river/canal corridor is of significantly higher environmental quality and amenity value than the rest of the site, and whilst industrial and transport infrastructure detracts from its setting in part, is has a pleasant semi rural character. It should also be noted that whilst much of the surrounding area is well lit at night the Sheffield and Tinsley Canal and River Don are dark corridors at night.

An arboriculture report submitted by the applicant considered the quality of the trees over a survey area that extends beyond the application site. It identifies naturally generated goat willow and birch as the dominant species, ash alder, sycamore and willow also predominate. Most of the trees affected by the

177 development fall into retention category C, this is defined as trees of low quality and value. Some of the trees affected by the Meadowhall Way Bridge fall into category B, these are defined as trees with moderate value and with significant life expectancy. Few individual trees are worthy of particular merit, however when considered as groups, some form distinct landscape features with good visual quality. The trees along the waterways form important visual features within the site, connecting the site area to the linear groups of trees along the waterway and beyond. However the impact on trees on the waterway is limited to the points where the two bridges cross the river and where the earthworks to form the new link to the Transpennine Trail will result in the loss of a group of riverside trees. This latter group will be replaced by new planting of native species when the new footpath link is landscaped.

The embankment structure, which rises up to 10.5m high and forms a linear wall faced in concrete blocks, along with the Fitzwilliam Bridge, will be the most visually prominent elements of the Tinsley link. However due to topography, existing structures and landform, the Tinsley Link will only prominent from certain locations. A number of key views have been identified from where it will be most visible. Photomontages have been prepared illustrating the likely visual impact from these points.

The scheme will have the greatest visual impact from parts of the Transpennine Trail footpath/cycleway adjoining the River Don. The new Fitzwilliam Bridge will be particularly prominent where it crosses the Transpennine Trail. Due to the alignment of the river and amount of riverside planting it will mainly be visible in close up views. It will be viewed in the context of the green and reasonable attractive riverside setting however it also abuts a rather ugly railway bridge across the river.

The reinforced embankment will be prominent when travelling south along the Transpennine to the north of the Fitzwilliam Bridge. It will mainly be seen in the context of the green infrastructure adjoining the river and the cleared E.ON power station. It will also be visible in longer distance views from higher land on the north side of the valley by Meadowhall Road. In these longer distance views it will be viewed in the context of vacant land and other industrial and transport infrastructure such as the E.ON biomass power station, Blackburn Meadows Sewage Treatment works and the Tinsley Viaduct. The reinforced earth embankment will also be visible from the Transpennine Trail to the west of the Fitzwilliam Bridge and to the west of the Halfpenny Bridge. It will be seen in the context of the planting adjoining the river and railway corridor with the taller buildings on the E.ON site in the background, when these are constructed.

Whilst the application is in outline and the appearance is a reserved matter, a design framework and mitigation measures are proposed in the design and access statement, and in the landscape and visual impact chapter of the Environmental Statement. This is in order to mitigate the visual impact of the scheme.

Mitigation is prioritised to those parts of the scheme which are more visually prominent as identified in the key views. Consequently mitigation is concentrated

178 on the detailed design of the embankment and Fitzwilliam Bridge and also on lighting.

To mitigate the impact of the reinforced embankment in longer distance views from the north the loss of existing tree cover will be minimised, the structure will be faced in different colours and patterns of facing blocks and planting will be used to break up its horizontal form. Low light pollution light fittings will be used to minimise light spill.

Views of the embankment when approaching from the north on the Transpennine Trail will be mitigated by the items referred to above. It will also be softened by planting forming part of the E.ON Biomass Plant which will need to be modified if the E.ON development goes ahead first. It the E.ON scheme does not proceed than landscaping will be provided as part of this scheme.

As the Fitzwilliam Bridge will particularly prominent from the river and canal pedestrian/cycle routes the design quality will be lifted by; a bespoke parapet design; an elegantly shaped supporting beam; facing the abutments and wing walls in facing brickwork with limited use of natural materials; extending the abutments above road level and forming gateway features possibly incorporating feature lighting.

Views of the embankment structure from the Halfpenny Bridge will be soften by retaining as much planting and possibly introducing new planting and the mitigation measures referred to above.

Even with the above mitigation the scheme will have a negative visual impact due to the loss of vegetation and trees, and the introduction of the concrete faced embankment and new bridge with associated the road lighting. The visual impact will be greatest for users of the footpaths and cycleway adjoining the river and canal where the new urban structures and lighting will intrude on a green semi natural character. The impact on longer distance views from the north is less critical because the road will be seen in the context of wider views of incorporating vacant land and industrial and transport infrastructure. The visual impact from the housing areas adjacent to the Sheffield Road junction will be worsened as the new junction and carriageway will be more extensive than that which would be needed to serve the industrial/warehouse development that already has outline permission on the Vantage Park site. However the large scale buildings that will be developed on this site will have a greater visual impact than the road when the site is fully developed.

The negative visual impact during construction is likely to be worse than when the road is operational due to the removal of vegetation and the visual impact of the plant and equipment needed to build the scheme. However this impact will be temporary, the construction contract is expected to last for 18 months. The impact can be mitigated to some extent by utilising existing bare ground, minimising tree loss and using carefully located modern lighting.

179 A development of this scale justifies the inclusion of public art in the scheme. Public art is likely to be applied to improve the appearance and reduce the visual impact to the Fitzwilliam Bridge and the associated works.

Air Quality

The scheme has the potential to impact on air quality due to dust, particulate matter and nitrogen dioxide from vehicle exhaust emissions.

Dust tends to be deposited up to 200m from the source of construction works. During construction there is the potential for dust nuisance to residential properties on Sheffield Road, St Lawrence Road, Ferras Road and Newmarch Street when works are taking place around the new junction with Sheffield Road. There is also the potential for impact on vegetation and increases in sedimentation on the River Don and Canal. The link road will pass through the River Don/Blackburn Meadows and River Don/Sheffield and Tinsley canal Sites of Importance for Nature Conservation, and within 50m of the Blackburn Meadows Local Nature Reserve. As construction is temporary the effects of dust and particulates arising from construction will be short term. A series of mitigation measures are proposed which will be implemented as appropriate such as, dampening exposed surfaces, covering earthworks and landscaping them as soon as possible. With the mitigation in place the Environmental Statement concludes that the impact will be moderate to minor negative.

Emissions from construction traffic are likely to be of greatest concern at the eastern end of the site where there are houses closest to the site. Mitigation will be achieved by ensuring vehicles are clean and sheeted when on public highways and that they are not routed along residential or congested roads. The Environmental Statement concludes that there will be a minor negative impact from construction traffic.

Dust levels are to be monitored before and during construction to ensure it does not exceed twice the current baseline level. If this is exceeded the dust mitigation measures would be reviewed and if necessary additional measures put in place. A condition is proposed to ensure a dust mitigation scheme is submitted for approval.

The impact of the road on air quality when operational has been modelled. The concentrations of nitrogen dioxide (NO2) have been modelled in 2014, the predicted opening year and in 2029 the anticipated worst case year, when developments likely to make use of the link are in place. The impact has been modelled at 50 receptors around the site. In 2014 NO2 concentrations are predicted to exceed the annual mean objective set out in the national air quality standards in 23 of the 50 receptor locations. The link road is predicted to cause a small decrease in concentrations at 17 of the receptors, a medium decrease at 6 receptors and a large decrease at 1 receptor. An imperceptible change is expected to occur at 18 receptors with 8 receptors experiencing a small increase. The receptors experiencing the largest increase are located in the vicinity of the Meadowhall shopping centre.

180 In 2029 NO2 concentrations are predicted to exceed the annual mean air quality objective for 11 of the receptors. The link road is predicted to cause a small decrease at 9 receptors, a medium decrease at 8 receptors and a large decrease at 1 receptor. An imperceptible change is predicted at 17 receptors and a small increase at 11; with a moderate increase at 4 receptors. The receptors experiencing a slight adverse impact are predominantly located around the Meadowhall shopping centre but also in the Blackburn Valley area of Sheffield and Rotherham.

The modelling shows that the link road would have no significant impact on particulate concentrations.

The link road is predicted to result in a 0.6% increase in CO2 emissions in 2014 and a 3.2% increase in 2029. This increase is due to the fact that the link road is providing additional highway capacity which will facilitate economic development and employment generation in the local area.

Noise Impact

The Environmental Statement assesses the noise and vibration impacts that will occur during the construction and operational phases of the scheme.

The impact of noise and vibration during construction has been assessed on noise sensitive receptors within 100m of the site. This follows the guidance in the Design Manual for Roads and Bridges (DMRB) as the impact diminishes rapidly with distance.

Construction noise has been assessed against the advice provided in BS5228- 1:2009 where the appropriate noise limit is considered to be 75dBLAeq,T (facade), which is applicable during the core working day. Where noise is likely to fall below this criterion the noise effect would be considered to be insignificant. The worst case situation is considered to be where plant is operating at 15m from dwellings. In such circumstances the predictions for earthworks and road surfacing marginally exceeds the 75dB criterion. In reality the earthworks will be further away from the dwellings so the impact will be less. It is noted in the Environmental Statement that the worst case noise levels are only likely to occur for short periods and would be similar to, for example, the temporary noise that would occur when undertaking repairs to services such as water or mains electricity.

The Environmental Statement lists various mitigation measures that can be adopted, such as using silenced compressors and equipment, which experience has shown can typically reduce noise levels by 5-10 dB(A). With these measures in place it is concluded that the residual impact of construction noise is likely to be of minor negative significance with occasional impacts of moderate negative significance for short periods when exceedances of the criteria occur.

The Environmental Statement considers the impact of vibration from various items of plant during construction. It concludes that there could be a moderate to major negative impact on residents close to the Sheffield Road/Tinsley Link junction if vibratory rollers are used in this location. It is noted that this is very much a worst

181 case assessment. In mitigation a vibration monitoring programme is proposed and alternative working practices would be considered where vibration levels exceed a specified limit. It is concluded that even with the mitigation it is possible that effects of moderate to major significance may result but these will be short term and for most of the construction period the effects are expected to be of minor significance.

During the operational phase noise changes have been assessed on the proposed link roads and its junctions, along with Sheffield Road between junction 34S and the junction with St Lawrence Road. This is in accordance with DMRB which advises that a noise assessment should be undertaken of roads where changes to noise levels of more than 1dB(A) (equivalent to an increase in road traffic movements of at least 25% or decreases of 20%) are predicted.

Changes in noise levels have been predicted as a result of the link road in both 2014 (the predicted opening year) and 2029 when the development traffic likely to use the road is in place.

The Environmental Statement predicts the change in noise levels on residential properties within the study area. This shows that with the link road fully operational more dwellings will see a reduction in noise and less dwellings will see an increase in noise than would have been the case without the link road. The changes in noise levels experienced are small between -1 to -2.9 dB(A) decrease to 1 to 2.9 dB(A) increase. The Environmental Statement judges the impact of the negative effects to be negligible and minor and the positive effects to be negligible and minor. The worst impacts are on 3 dwellings adjacent to Barrow Road/Tyler Street which are predicted to experience increases of between 1.1 and 1 dB(A). However 0.9 dB(A) of this is due to general road traffic growth and the proposed link road is expected to result in an increase of approximately 0.2 dB(A).

Residential properties adjacent to Sheffield Road are expected to experience an overall decrease in traffic noise levels following the operation of the link road. This is due to the reduction of road traffic as a result of the link road being an alternative route. Although the link road will generate a certain level of traffic noise, it is generally remote from existing noise sensitive properties and so will not result in a significant increase in noise levels at existing noise sensitive receptors.

The Environmental Statement also considers the change in noise nuisance as a result of the link road. The methodology used results in an abrupt change of noise, such as with the opening of a link road, being given greater significance than a gradual change such as when traffic growth occurs over time. The conclusion is that compared to 2014 without the link road the 2029 traffic levels would have a minor negative noise nuisance effect on the 3 dwellings at Barrow Road/Tyler Street and at all other receptors the impact would be insignificant.

Given the level of impact from traffic noise it is concluded that mitigation is not strictly necessary. However it is recommended that consideration is given to low- noise road surfaces and traffic speed restrictions. Traffic speeds are to be restricted to 30 mph but a low-noise road surface cannot be used because of the gradients of the carriageway and the surfacing required close to junctions.

182 The impact of vibration from the operation of the link road is predicted to be slightly beneficial due to the overall reduction in traffic levels along Sheffield Road adjacent to the receptors included within the vibration assessment. Therefore no mitigation is proposed.

Flood Risk

The application site crosses the full range of flood risk zones, 1, 2 and 3. It is principally situated in flood zone 3a, (greater than 1 in 100 annual probability of fluvial flooding).

Planning Policy Statement 25, ‘Development and Flood Risk (PPS 25) requires that the sequential test is applied to development that is not in flood zone 1. The objective is to locate development in the lowest flood risk zone.

A road such as the Tinsley Link is defined as ‘Essential Infrastructure’ in PPS 25. Essential Infrastructure is appropriate development in flood zones 1and 2 but in flood zone 3a and 3b the ‘Exception Test’ must be passed.

For the exception test to be passed the development has to pass three tests. 1. It must provide wider sustainability benefits to the community that outweigh the flood risk. The benefits of the development should contribute to the Core Strategy’s Sustainability Appraisal. 2. It must be on previously developed land or there must be no reasonable alternatives on previously developed land. 3. A flood risk assessment must demonstrate that the development will be safe, without increasing flood risk elsewhere.

Sequential Test

The Tinsley Link is needed to provide relief to junction 34S and as a key connection in the BRT route between Sheffield and Rotherham Town Centres through the Lower Don Valley. It is also constrained by; - Traffic management issues which influence the feasible locations for the Meadowhall Way junction. - The positioning of the piers on the Tinsley Viaduct. - The land reserved for the road through the Vantage Park development at the Sheffield Road end of the scheme. - The crossing points of the River Don, railway and Supertram. - The permission for the E.ON Biomass plant including the Sustainable Drainage swales. - The Yorkshire Electric Sub Station to the north of the site.

These constraints effectively mean that the road cannot be reasonably located elsewhere and in a lower flood risk zone. Therefore the sequential test is considered to be passed.

Exception Test

Benefits to the community

183

The Tinsley Link is needed to facilitate significant economic development in the Lower Don Valley which will take place on previously developed land in a sustainable location. It will therefore assist in bring forward significant numbers of jobs.

It is an essential link in the BRT scheme and will help to secure high quality public transport connections between Sheffield and Rotherham centres improving sustainable access to key employment, housing and retail locations. It will also assist in reducing congestion and secure some air quality benefits.

Core Strategy policies CS 7 ‘Meadowhall and CS 59 ‘New Roads’ refer to the Tinsley Link proposal. The Core Strategy Sustainability appraisal refers to benefits of the Tinsley Link in terms of the contribution of the above policies to creating a strong economy with good job opportunities, concentrating jobs in accessible areas and securing the effective use of land and the transport network. It refers to roads only being built where they would open up areas for regeneration and employment or reduce congestion providing favourable conditions for business growth. On the negative side it does says roads can contribute to increase emissions, they can increase the demand for roads and potentially impact on the natural environment.

It is clear from the above that the Tinsley Link will provide wider sustainable benefits for the community which outweigh the flood risk. Therefore the proposal passes part 1 of the exception test.

Previously Developed Land

The vast majority of the Tinsley Link crosses the reclaimed E.ON Biomass site (Formerly a power station site) and the reclaimed Vantage Park site (formerly an industrial complex). Therefore most of the development is on previously developed land. There may be some small areas adjacent to the river that is not previously developed. However as explained above there are no reasonable alternatives to the route selected. Therefore it can be concluded that the proposal passes part 2 of the exception test.

Flood Risk and Water Environment

The impact of the Tinsley Link has been assessed by flood modelling. A large part of the site floods in a 1 in 100 year flood and it flooded in the June 2007 flood, which is considered to be approximately at 1 in 200 year flood event. The site floods from down stream of the railway line crossing of the river and therefore the site does not act as a conveyance route for flood water. A significant gap is retained between the embankment and the Yorkshire Electric substation wall which will allow flows into the storage area.

The Flood Risk Assessment shows that the road levels will be above the 1 in 100 year + climate change flood event. Therefore the road will be usable and safe in such a flood event.

184 The reinforced embankment structure on which the road sits has steep sides which minimises the loss of flood plain storage. The flood modelling shows that the loss of flood plain storage would have a minimal impact on and does not give rise to any significant increase in peak flood levels elsewhere.

There is no change for the peak flood levels on the E.ON site in a 1 in 100 year flood event and no change in the impact on the Yorkshire Electricity sub-station for the same event.

The new Fitzwilliam Bridge soffit over the River Don, just to the south of the existing railway crossing, is approximately 8m above the 1 in 100 year flood + climate change level. The bridge abutments are set back and so it has no impact on flood flows.

The new bridge at the Meadowhall end has to have a low soffit as it needs to tie in with highway and cross the Supertram tracks at grade. The impact of the bridge in a 1 in 100 year flood has been modelled and it is estimated that it will increased flood levels of 1-2mm upstream around the Meadowhall shopping centre. A plus or minus change of 10mm is considered to be insignificant.

In order to minimise the impact of surface water run-off from the road a Sustainable Urban Drainage system (SUDS) is proposed. The highway will drain to 3 infiltration ponds that will discharge to the River Don, although the run-off will be limited to the equivalent of 5ls/ha and as a result there will be no increase in surface water discharge from existing. The surface water drainage ponds will allow infiltration of the run-off into the underlying strata and in extreme cases they will overflow into the River Don. To minimise the risk of pollution the drainage system will include hydrocarbon interceptors positioned up stream of the infiltration ponds. Two of the infiltration ponds are located either side of M1 viaduct adjacent to the carriageway and at the western end adjacent to the bridge where it crosses the River Don. The SUDS system proposed means that flooding should not be worsened as a result of surface water run-off.

Construction works have the potential to impact on flood risk and water quality. To mitigate the potential impacts materials will be stockpiled outside the 1 in 100 year floodplain, run-off to the River Don will be attenuated and will also pass through temporary silt traps.

The E.ON SUDS ponds are located to the north of the road and some to the south, culverts are proposed in the road embankments to allow the flow to pass under the road. The ponds will be reformed by the scheme and have been designed to achieve the same effect as the approved scheme; therefore they should have no adverse impact on the operation of the E.ON SUDS system.

The mitigation proposals demonstrate that the Tinsley Link will be safe in the event of a 1 in 100 year flood plus climate change and will not worsen flooding for others. It is therefore concluded that the proposal passes part 3 of the exception test.

185 The scheme passes both the sequential test and the exception test and therefore the scheme is acceptable in flood risk terms and consistent with the guidance in PPS25.

The Fitzwilliam Bridge has an elevated soffit and therefore will not have a significant impact on boats navigating the canal.

Environment Agency Response on Flooding Issues

The Environment Agency provides the Council with expert advice on flood risk issues in the context of the guidance in PPS25. They have advised that they have no objections to the proposal subject to a number of conditions, which are included in the recommendation. They have advised that it is for the Council to consider whether the development passes the sequential test and parts 1 and 2 of the exception test.

Ecology Issues

A habitat survey was carried out within the site boundary including specialist protected species, breeding birds and reptile surveys.

The Environmental Statement states that there will be a small loss of habitat suitable for foraging bats and breeding birds as a result of the proposal. The percentage of habitat lost will be small. This will be mitigated by clearing vegetation outside the bird breeding season, provision of bird and bat boxes and replacement native planting. They conclude that overall this will have a minor positive impact.

Lighting impacts during construction will be minimised and lighting will be designed to avoid lighting spill. A Construction Environmental Management Plan will detail measures to minimise the impact of construction noise, such as, by the use of silenced machinery. The siting of construction compounds and storage areas will give consideration to sensitive receptors. There is likely to be a short term temporary effect on birds in the Blackburn Meadows Nature Reserve during construction but the Environmental Impact Statement concludes that this will not be significant. Lighting can have a negative impact on bats but given the mitigation measures proposed the Environmental Statement concludes that the effect will not be significant.

There are no otter holts within the site but the site is likely to be used for community and foraging and possibly short term resting. The scheme has the potential to affect otters by bridge construction and impacts on water quality. Mitigation proposed includes machinery and materials being stored at least 30m from the river and measures to protect the river and canal from pollution. Following the implementation of mitigation measures the impact on otters is not expected to be significant.

Sections of the River Don are contaminated by Japanese Knotweed. Suitable treatment and control measures are proposed to avoid its spreading as a result of the project.

186

It is not expected that noise from when the road is operational will have a significant impact as wildlife tends to get used to road traffic noise. The road lighting will be designed to minimise the impact on bats, birds and otters and the overall impact is assessed as not significant.

Natural England is a national non-departmental body responsible for conserving the natural environment has commented on the application. They consider the key environmental effects have been properly assessed and they consider the mitigation proposed to be appropriate. They initial considered that further mitigation would be required in relation to otters. This related to fencing to minimise road kill and the construction of dry otter passes which can be utilised when the river is in flood. However following further discussion and a better understanding of the topography of the site and relationship of the river to the road they accepted that further mitigation is not required. The City Ecologist concurs with the views of Natural England.

Lighting

Surveys of lighting levels on and around the site have been undertaken. The lowest lighting levels were recorded to the south of the site adjoining the River and Canal. There will be a lighting impact during both the construction and operation phases of the development. Mitigation measures are proposed during both the construction and operational phases such as using directional controlled lights and fittings designed to minimise glare and light spill. This will minimise the impact but there will be increased artificial lighting compared to the existing situation which is a negative impact of the proposal.

Socio Economic Issues

It is estimated that 285 construction job years or 28.5 full time job equivalents will be created during the construction of the project which will provide some employment opportunities in the local area. The will be a minor benefit to the local economy through construction job spending. However this will only be temporary and needs to be balanced against the temporary negative effects due to increased noise, dust and HGV movements during the construction period.

When the link road is operational there will benefits in improved public transport provision and less congestion which will have benefits for growing the industrial sector and can benefit the tourism and cultural sector.

The BRT proposals which include the Tinsley Link support regeneration and growth by creating increased highway capacity thereby enabling land to be brought forward for economic development. There will be journey time benefits for public transport users and the scheme will mitigate the impacts of transport emissions on air quality and encourage more sustainable transport.

There will be a beneficial impact on jobs and services in the Lower Don Valley and the wider Sheffield and Rotherham areas. There will also be improved access for the local community to jobs and services.

187

The negative operational impacts will be a small worsening of views and increased artificial lighting impacts for those residents living closest to the scheme. There will also be a negative visual impact on users of the Transpennine trail.

Contamination

Parts of the site were previously used for steel manufacture and as a power station.

The potential contamination risks are - Impacts on construction workers, groundwater and ecological sites during construction. - Potential for the release of ground gas. - Potential risk of soil, ground water and ecological contamination due to accidental spillages during construction. - Possible ground instability due to mine workings or underground structures. Where significant ground disturbance is required further targeted site investigations will be undertaken so that contamination, gas and underground structures can be appropriately dealt with. Should issues be highlighted they will be mitigated in line with best practice and the relevant guidance. Conditions are proposed requiring further contamination assessments to be submitted.

Archaeology

The archaeological considerations for most of the route of the link road have been considered as part of separate development proposals. The remaining interest relates to the river crossing point. A condition is proposed that will allow this to be properly assessed.

RESPONSE TO REPRESENTATIONS

The Sheffield Road junction has been designed to maximise the usage of the Tinsley Link. The transport, air quality and noise assessments show that traffic volumes and traffic noise will be reduced along the residential section of Sheffield Road and the air quality improved.

Because the Sheffield Road junction will accommodate more vehicle manoeuvres than the existing uninterrupted flows the junction will clearly be more complicated for pedestrians to cross. However the flows will be reduced on the west side of the junction adjoining the housing and therefore there should be more opportunities to cross. Whilst it may take pedestrians longer to cross the junction they will be able to do so at safe signalised crossing points, whereas at present there are no existing controlled crossings of Sheffield Road close to the site.

Right turners out of St Lawrence Road may have to wait long than at present because the junction is currently uncontrolled. However this is likely to discourage through traffic which is also a concern. As this manoeuvre will be signalised it should also be safer.

188 The routes for specific bus services are chosen by the individual bus operators based on their commercial potential and their ability to generate patronage. The Tinsley link does not deter any of the existing service routes and it is not intended that the existing local services would abandon their routes. The current application is for the highway and not for the BRT service. However the BRT service is fundamentally different from local bus services and unable to penetrate residential areas.

SUMMARY AND RECOMMENDATION

The principle of the Tinsley Link is supported by Core Strategy policy CS 59. The Environmental Statement and supporting information shows that the link will reduce congestion and release capacity at J34S of the M1 motorway to allow for new development in the area, which will facilitate significant investment and employment generation in the Lower Don Valley. With the BRT scheme it will facilitate the delivery of enhanced public transport services between Sheffield and Rotherham and the commercial and housing areas on the route. Other impacts on the local highway network are fairly minor although a notable benefit is the reduction of traffic on Sheffield Road west of the new junction. There will also be benefits for pedestrians/cyclists due to improved connections for Tinsley residents to Meadowhall and the Transpennine Trail. With the road in place the air quality and noise impacts on Tinsley residents are predicted to be beneficial, with a small worsening of air quality in the vicinity of Meadowhall shopping centre. Although the link road is to be constructed within a flood zone the flood risk assessment shows that it will not worsen flooding elsewhere and it has been designed to be resilient to climate change. It also passes the sequential and exception tests as required by PPS 25. The impact on the nature conservation interest of the site has been shown to be insignificant.

There will be some temporary negative impacts during construction due to noise, dust and lorry movements. However the impact will be minimised by the mitigation proposed. The Fitzwilliam Bridge and the reinforced embankment along with increased traffic noise and artificial lighting will have a negative amenity impact, particularly for users of the Transpennine Trail. Even with the mitigation in place the impact will be noticeable, particularly in the winter months when the tree cover provides less screening. However these dis-benefits along with the other minor dis-benefits referred to in the main report are considered to be significantly out weighed by the benefits of the scheme. It is therefore recommended that planning permission be granted, subject to the listed conditions.

189

Case Number 08/01851/LBC

Application Type Listed Building Consent Application

Proposal Partial demolition, refurbishment including extensions and alterations to form 64 apartments and 186 sq. metres of office accommodation (Amended plans received 01.02.2011)

Location Portland Works Randall Street Sheffield S2 4SJ

Date Received 07/04/2008

Team SOUTH

Applicant/Agent Portland Co

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority considers that the proposed development, by virtue of its design, loss of features and change of use, would detract from the special architectural and historic interest of Portland Works, a Grade II* Listed Building. In this respect the proposal is contrary to policies BE15 and BE19 of the Unitary Development Plan and policy CS74 of the Sheffield Development Framework Core Strategy.

190 Site Location

Please see report for 08/01850/FUL

191

Case Number 08/01850/FUL

Application Type A Full Planning Application

Proposal Partial demolition, refurbishment including extensions and alterations to form 64 apartments and 186 sq. metres of office accommodation (Amended drawings received 01.02.2011)

Location Portland Works Randall Street Sheffield S2 4SJ

Date Received 07/04/2008

Team SOUTH

Applicant/Agent Portland Co

Recommendation Refuse

For the following reason(s):

192 Site Location

193 LOCATION AND PROPOSAL

Portland Works is located at the junction of Hill Street and Randall Street close to the southern edge of the city centre. The works were built in the 1870’s, specifically to accommodate metal trades businesses and are currently still used for this purpose, although other small business occupy space, including artists and musicians.

The building has a red brick exterior rising to two storeys along the frontage with Hill Street and Randall Street, with a pitched, slate roof. The windows are arched and the doors have stone surrounds and lintels. There are also interesting features built into the brick work, creating patterns along the frontage.

Access into the site is via an archway that lies close to the junction of Hill Street / Randall Street and this leads to internal cobbled courtyards.

At the rear of the site the building rises to three storeys, apart from the central section of the top storey, which was destroyed by fire some time ago. In the centre, lie some one and two storey buildings with a chimney, which has been reduced in height from when it was built, next to these.

The interiors of the works are also red brick but there have been a number of later additions constructed in a variety of materials.

The windows are wooden and the internal layout is typical of small nineteenth century ‘little mester’ workshops with access via metal and concrete steps and through internal corridors.

The site is located within an area of mixed uses. Across Hill Street from the site are houses built of buff brick and elsewhere there are commercial, industrial and retail uses. ‘Go Outdoors’ is a green, brick building to the west. At the rear lies Stag Works which houses numerous recording studios and rehearsal spaces, amongst other uses.

Portland Works is a Grade Two Star Listed Building, the allocation reflecting the original features that still remain and the important historical significance in relation to Sheffield’s steel and metal trade’s heritage. The building also lies within the John Street Conservation Area.

Members should be aware that a Listed Building Application for the same proposal as this is also on this agenda, ref no. 08/01851/LBC. All matters relating to Listed Building issues are set out in this report.

The application, as submitted was for partial demolition of buildings with alterations to form 77 apartments with 78 square metres of office accommodation. This was considered to be unacceptable because of the detrimental impact on the character of the Listed Building. Consequently, the scheme has been amended and the application now comprises:

- 59 apartments.

194 - 8 work / live spaces linked to apartments. - 7 offices. - One of the internally located, more recent single storey buildings would be demolished. - A later addition to the rear of the works facing Randall Street / Hill Street would be demolished. - The central space at the second floor rear of the works would be reinstated to match the existing building. - A contemporary extension rising to three storeys would be added in the centre of the site.

REPRESENTATIONS

There were two rounds of public consultation.

The first round was on the scheme on originally submitted and 8 objection letters were submitted:

- Loss of premises for small businesses. - The works houses very specialised metal work processes closely linked to Sheffield’s heritage, which would be lost as part of this application. - There is already over-provision of apartments in Sheffield and many of these are vacant. - Portland Works makes a valuable and unique contribution to the ‘Made in Sheffield’ legacy. - Portland Works is a purpose built metal works / trading building, constructed in the 1870’s and is a Grade 2 Star Listed Building. - It still retains many original features including the original forge, which is still used. The original line shafts which drove 3 hammers and a drop stamp are still there and power 2 hammers now. - It would be virtually impossible for some of the existing occupiers to relocate to different premises. - There is a high occupancy rate at Portland Works and a great demand for space at the site. - The proposal would not be car free as there is a great demand for street parking and the area is very busy in the day time.

The second round was on an amended scheme for 64 apartments and 178 square metres of office space. 191 objection letters have been submitted:

- Portland Works is well used by many small manufacturers and craft people. This is what it was built for and it should remain in this use. - There are no appropriate alternative employment premises. - This is part of Sheffield’s working heritage and it should be retained. - There would be a loss of 18 business and 35 jobs. - There would be a detrimental impact on the vitality and viability of business in the area because there is a wide range of interaction between these and Portland Works.

195 - There is a viable alternative to conversion to flats by way of the user group who have formed an Industrial Provident Society with a view to purchasing the premises. - Local businesses should be supported to encourage sustainable economic growth. - Portland Works is the last of its kind in Sheffield. - There is a thriving creative industry in Sheffield and Portland Works is part of this. - This is the only remaining place where skilful metal working is still carried out. - The proposal is contrary to Policy IB6 of the Unitary Development Plan (UDP) because there are already enough flats in the locality. - The proposal is contrary to Policy IB9 of the UDP because dominance of the preferred uses of industry and business in the area would be prejudiced. Policy IB11 of the UDP also supports this and says that industry and business uses should not be hindered. - There is no demand for offices in the city. - In the wider area around the sites there are sites more suited to housing use than this. - The location of so many diverse industries in one building is now extremely rare. This building is very distinctive of the industrial identity of Sheffield. - The proposals would significantly harm the distinctiveness as a place of manufacture and the sense of place would be lost. - The sub-division of the building would result in a loss of understanding on how the building functions. The original grinding halls would be divided. - There is no shortage of living space in the area. - The established equipment in the site cannot be moved. - There would be a lost opportunity to educate people about Sheffield’s Industrial Heritage. - The existing occupiers of Portland Works form a strong link with the distinctive past of Sheffield Industry. This promotes the sense of character and space. - There would be a negative impact on the historic character of a Grade 2 Star Listed Building and the John Street Conservation Area. - The proposals involve the insertion of a new structure and internal subdivision which will harm the listing. - The new roof design is discordant, angled structure, which is out of character with the building. - The demolition elements are unacceptable as the workshop to the south of the chimney, built between 1889 and 1894, proposed for demolition, would be lost. - No details have been submitted showing how modern services would affect the character of the building. - The applicant does not fully recognise the heritage value of retaining the building in its current form. - There are many original features present in Portland Works such as vaulted ceilings, overhead shafting from the engine house, spring hammer etc – these should be retained. - Even through the building would be retained, the character would be lost by the conversion to mainly residential uses.

196 - The application would be contrary to Policies CS30 and CS74 of the Sheffield Development Framework (SDF) Core Strategy as these seek to preserve, protect and enhance the distinctive heritage of the city. - The application is contrary to PPS5 ‘Planning for the Historic Environment’. Conservation should take place in a manner appropriate to the significance of the heritage asset. This application would cause significant harm to a Grade 2 Star Listed Building. The optimum viable use should be taken into account as part of the assessment. - The proposal is contrary Policies BE15, BE16 and BE19 of the UDP and Policy CS74 of the Core Strategy Policy BE19 says that the original use is preferred. - The English Heritage ‘Conservation Principles, policies and Guidance for the Sustainable Management of the Historical Environment (2009)’ says that the use and appropriate management of a place for it’s original purpose illustrates the relationship between design and function. The cessation of the existing uses at Portland Works would diminish this. - The new structure at the rear by way of its modern, glass design would detract from the original building. - The future occupiers of the flats would experience noise and disturbance from other uses, particularly the music studios in Stag Works at the rear. - The Noise Report is inadequate and only measured part of one evening. - There are 14 studios in Stag Works and two of these directly back on to Portland Works. Some are in operation on a 24 hour basis. - The living spaces would be very small and there would be a lack of natural light. - It is very unlikely that this development would be car free, which would lead to on-street parking. - The increase in traffic on John Street would be unacceptable as it is too narrow. - The area around the site is very busy, in traffic terms, during the day and this would make it worse.

A petition has been received containing 41 signatures that objects to this application:

- Portland Works is fully occupied with various employment uses. - Existing business would not be able to relocate because it is too costly. - Essential skills should be retained.

Former M.P Richard Caborn has written expressing his support for all objections to the scheme.

Paul Blomfield M.P objects to the application:

- This is a Grade 2 Star Listed Building, one of the top 10% in the country and its use for residential purposes would significantly change the character of the building. - Some of the features are integral to the building and how it operates and require their own foundations. - The demolition of buildings within the site would alter the character.

197 - The scheme would generate traffic in an already busy area. - The site has important historical links to manufacturing and stainless steel.

Councillor Paul Scriven objects to the application:

- It is contrary to Sheffield’s planning policies. - Detrimental to a Grade 2 Star Listed Building. - Portland Works has a strong historical significance; the inventor of stainless steel, Harry Brearley, worked there. - The building has a strong historical significance being amongst the top 6% in the country. - The change to residential would have an unacceptable impact on the character, appearance and historic value of the building. - It would be overdevelopment. - There would be alterations and subdivision that would be unacceptable. - Balconies would be unacceptable. - There would be an unacceptable impact on parking and traffic generation in this part of the city.

Councillor Colin France objects:

- There would be a loss of great historical value. - Portland Works is home to traditional crafts and trades and historic features. - The site should be protected as it is and not turned into flats so it can be enjoyed by future generations.

Councillor Sylvia Dunkley objects:

- Portland Works is part of Sheffield’s historic fabric and the proposal is unacceptable. - The level of internal subdivision would have a significant impact on the character and appearance of the building. - The works are still in active use and there is no need for a change to flats. - The loss of business and industry would change the character of the building to an unacceptable level. - There are already parking problems in the area and this proposal would make it worse.

Councillor Jillian Creasy has objected to the application:

- The area is designated for mixed industry, business and residential and the balance should be in favour of business and industry. - This is a very busy area taken over by apartments. - Portland Works is unsuitable for residential use as it is close proximity to the Stag Works where there is music late at night and sound attenuation measures are likely to be ineffective. - The site should be conserved for industrial purposes.

The Central Ward Labour Party object:

198 - Portland Works has been in use since the 1870’s and this proposal would have an unacceptable impact on the Listed Building. - This forms part of the nation’s industrial heritage. - The character of the building would be destroyed. - There would be a loss of employment. - Policy EB10 of emerging local Development Framework supports the provision of affordable business space. - There is no evidence to support the need for more flats in the area. - There would be extra traffic in an area that is already busy.

English Heritage makes the following comments:

- They welcome an important metal trades building being brought back into use. - Full recognition should be made of any comments made relating to the scheme and remaining fabric in order to assess the importance of surviving elements and features. - Consideration should be given to the desirability of preserving original fabric and features, such as staircases and partitions along with key spaces which exemplify and illustrate the historic uses. - Any new works should be detailed to be sympathetic to the existing strong character of the site. - English Heritage require no further consultation.

Sharrow Community Forum objects to the application:

- Detrimental to the character of the Listed Building. - Loss of small specialist industries. - Portland Works is a vital part of Sheffield’s history and creative future. - The additional block would fundamentally change the character of the courtyard area. - The new buildings do not respond to the existing works. - The proposed demolition is unacceptable. - The subdivision into tiny bedsits would harm the character. - Substantial plumbing, ventilation and sewerage works would be required. Difficult to see how this will be achieved without affecting the character. - Contrary to Policy BE17 of the UDP which says that the original use is preferred unless the works are no longer required. - The original use is preferable.

The Victorian Society has submitted two objection letters:

- This is a very significant building being a complete example of an integrated cutlery works. - It is a rare building that was upgraded to a Grade Two Star Listing in 2008. - It is in the top 6% nationally and retains original forges and grinding rooms. - Changing the use to flats would not sufficiently preserve the character. - The scheme is overdevelopment. - An alternative scheme should be identified and this proposal refused.

199 - The amended scheme shows little change and the scheme remains unacceptable. - The internal sub-division would remove much of the historic fabric. - There would be a detrimental impact on the Listed Building. - The building is still in active use and should remain so. - The building does need to be repaired but it is not at risk.

The Heritage Crafts Association also object:

- There is a continual history of metal working at this site and the change of use would be detrimental to the special character of Portland Works. - The Sheffield Conservation Area Appraisal study for this area highlights the threat to the area posed by a trend to residential. - In the UDP, the balance of uses is aimed to create a mixed and flexible area. - Portland and Stag works are the only remaining significant metal trades buildings in the city. - Changes of use are only permitted where they would support the vitality and viability of the character of the area. - There is a presumption against development that generates traffic. - The loss of existing metal trades businesses on the site would mean a loss of character and historical interest. - The potential for an alternative use has not been explored.

PLANNING ASSESSMENT

Land Use Policy

The adopted UDP shows that the site is within a Fringe Industry and Business Area. Policy IB6 of the UDP says that the preferred uses for such areas is Business (B1), General Industry (B2) and Warehousing (B8 excluding open storage). Housing (C3) is an acceptable use in principle.

The Sheffield Development Framework Core Strategy has been adopted and Policy CS30 deals with Jobs and Housing in the Sheaf Valley and Neighbouring Areas. Specific mention of the industrial area containing Portland Works is made in this policy and it says, ‘…..small scale business activity continues and the areas closeness to the Cultural Industries Quarter offers opportunities for small firms in the creative sector to network and grow.’ The policy also says that ‘….the emphasis on housing would rule out new industry.’

Balance of Uses in the Area

Policy I.B.9 of the UDP deals with ‘Conditions on Development in Industry and Business Areas’ and this says that new development or change of use will be permitted provided it would not lead to a concentration of uses which would prejudice the dominance of industry and business in the area or cause the loss of important industrial sites.

200 In the Fringe Industrial and Business Area within which Portland Works sits, the preferred Industrial and Business uses are currently just over 50% of the total uses in the area, but if Portland Works was used for residential purposes then the proportion preferred uses would fall slightly below the 50% mark. Although this is of some concern, it is not considered to be significant enough merit resisting the application on these grounds alone.

Loss of Employment

Portland Works provides accommodation for 18 businesses with a total of 35 employees. The representations received from the businesses at Portland Works have said that for some of the business, relocation is not an option and that they would have to cease trading with the resultant loss of jobs. Policy CS5 of the Core Strategy establishes the location of Manufacturing and other non office Businesses in Sheffield and the Sheaf Valley (Heeley) area is one identified for such purposes. Although at the edge of the Sheaf Valley, Portland Works would fall in the category.

Policy E.B.10 of the emerging Local Development Framework (LDF) supports the provision of affordable business space and Portland Works does have low rents and is affordable space. However, very little weight can be given to LDF policies because this has not been adopted and the policies are still subject to consultation procedures.

Details of the Proposal

Portland Works is a purpose built cutlery works, built in the 1870’s with minor early twentieth century additions. The building is of red brick with stone and white dressings, slate roofs and brick chimneys.

Further additions had been added by 1894 at the rear of the Hill Street block, there was a new building next to the octagonal chimney in the centre and a link with this to the north block.

The proposals, as amended, show the removal of the later additions and a reinstatement of that part of the building destroyed by fire, which is at the second storey level.

A new glass and bronze structure housing a lift and stairs is shown inserted into the central block to provide a level access to at least 25% of the apartments and to the Live works spaces in the centre block.

There are some later twentieth century openings in elevations that would be rebuilt including the reinstatement of brick, segmental arches.

The specific details are as follows:

North Block: The Rear, Three Storey Section

201 The ground floor elevation has been altered by the modern insertion of wide openings with metal roller shutters. Brick arches still exist above the inserted steel lintels and the original ground floor windows would be reinstated.

Stone staircases to the east and west sides would be retained. Concrete treads on the west stair would be replaced by stone treads and balustrades to match the original design would be introduced.

Two internal stairs that have been partitioned off would be removed and replaced with a shallower stair. The Jack arch bays would be retained and the central upper floor that was demolished because of a fire would be re-built.

Central Buildings

The original mono pitched roof to the west side of the central block would be retained, as would the large, arched brick opening in the south end.

The hipped central roof, probably a later addition, would be removed and the existing beams would be retained along with the belt driven drive shafts.

The grinding wheel assemblies would be repositioned within the main stair lobby.

The existing flat roof would be removed and a new structure inserted creating an extra floor. This would be of bronze and glass with photovoltaic panels on the top and a green roof. This would allow additional stair and lift access to be introduced.

East Block

The original ground floor arches would be reinstated and a new internal staircase introduced. The existing internal masonry walls including chimney breasts would be retained.

Randall Street / Hill Street Block

The original stone staircase with curved landings and cast iron balustrades would be retained and the light well to the basement reinstated where the later addition is to be removed.

The original rear elevation overlooking the inner courtyard would be reinstated. The cellar to Hill Street would be used; the existing internal masonry walls would be retained along with chimney breasts. The inserted doorway to Hill Street would be rebuilt as a window opening.

West Block

The loading doors and hoist would be removed and a new internal staircase introduced. The hand forge workshop doors would be reinstated at the ground floor and existing wall piers incorporated into the design.

202 From the details set out above, it is clear that many original features would be retained but there would be some demolitions and alterations to allow the proposed development to take place. The intention with the external appearance is to retain the facades as much as possible which would include restoration work but there would be a considerable amount of sub-division to allow the smaller residential units to be created.

The elevations in the public domain facing onto Hill Street and Randall Street are characterised by arched windows at ground and first floor, a number of doorways with a main entrance and arch way into the interior. This would be restored and retained so there would be little alteration to this apart from repairs and improvements and the removal of the signs advertising the businesses that operate from Portland Works.

There would be a lot more alteration to the internal elevations, which is characterised by the rhythm of many windows of the same size, particularly at first and second floor levels. The large openings, typical of many of the ground floor industrial uses would be lost along with equipment, particularly the hammers that are located in the rear part of Portland Works. The large openings would be lost. The buildings in the centre of the courtyard would change most in that there would be some demolition of later additions and the introduction of a contemporary bronze and glass building with a flat roof having solar panels on top, angled towards the south.

Policy IB9 of the UDP says that new development should be well designed and of a nature appropriate to the site. The proposed alterations reflect the existing appearance, scale and rhythm of Portland Works and the new, centrally located bronze and glass extension is acceptable. This is a contemporary structure but the design, scale and contrast is appropriate to the site.

Policy BE5 of the UDP requires good design and the use of good quality materials and it is considered that the developer has demonstrated that this would be achieved.

Policy CS74 of the Core Strategy deals with Design Principles which says that high quality development will be expected, which would respect, take advantage of and enhance the distinctive features of the city including the townscape of the city’s districts and quarters.

The existing design and appearance of Portland Works would be replicated and the new brick part of the scheme is of good quality.

Sustainability

The Sheffield Development Framework – Core Strategy includes Policies CS64 and CS65. Policy CS64 requires new development to be designed to reduce emissions of greenhouse gases and respond to climate change. Additionally, CS65 requires development to (a) provide a minimum of 10% of their predicted energy needs from decentralised and renewable of low carbon energy, and (b) generate further renewable or low carbon energy or incorporated design measures

203 sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%, however recent changes to the Building Regulations are such that part (b) is not currently being pursued.

The applicant has submitted a Sustainability Report in support of the planning application and this set’s out the measures that would be taken to meet the policy requirements.

Insulation levels within the building would be significantly improved including drylining and double glazing throughout. Many of the units still have very old single glazing.

An array of photovoltaic panels would be set out on top of the new bronze and glass extension that would face due south to maximise solar gain.

High efficiency boilers would be used to reduce carbon emissions. A green roof would be placed in the new extension. Also, rainwater harvesting would be integrated into the design.

Portland Works is a Grade 2 Star Listed building and because of the need to retain the historical fabric and character, the level of sustainability is constrained. However, it is considered that the applicant has introduced sustainable elements and attempted to reduce carbon emissions to an acceptable level, given this constraint.

Impact on the Listed Building and Conservation Area

This is considered to be the single most important issue.

Portland Works is a Grade 2 Star Listed Building which places it in the top 10% of Listed Buildings nationally in terms of historical value. Members should be aware that the building was upgraded to two star status in 2008 after it was reviewed. The reassessment concluded that Portland Works was a particularly good example of Victorian cutlery works because of the fine detailing of the exterior and other original features and fully warranted being upgraded to a two star status and this policy says that buildings and areas of historical interest which are an important part of Sheffield’s heritage will be preserved or enhanced. Development which would harm the character or appearance of Listed Buildings or Conservation Areas would not be permitted.

Policy BE16 deals with Development in Conservation Areas and this says that permission would only be given for proposals that preserve or enhance the character or appearance of a Conservation Area.

Policy BE19 addresses Development that affects Listed Buildings and this says proposals which would affect the special interest of a Listed Building will be expected to preserve the character and appearance of the building and, where appropriate, preserve or repair original details and features of interest.

204 Proposals for change of use will be expected to preserve the character of the building.

Policy BE19 also notes that the original use of the Listed Building will be preferred but other uses will be considered where they would enable the future of the building to be secured.

Policy CS74 sets out Design Principles and this seeks to ensure that high quality development would be achieved that would respect, take advantage of and enhance the distinctive features of the city including the distinctive heritage of the city. Specific reference is made in this policy to buildings associated with the metal trades.

National Guidance in respect to Listed Buildings and Conservation Areas is contained within Planning Policy Statement (PPS) no. 5 ‘Planning for the Historic Environment and this document contains points relevant to this application.

It says that conservation should take place in a manner appropriate to the significance of the heritage asset and the optimum viable use should be taken into account as part if the assessment.

Local planning authorities are asked to weigh any harm that might be caused by development affecting the setting of a Listed Building against the wider benefit of the application. The greater the negative impact on the significance of a heritage asset, the greater the benefits that will be needed to justify approval.

The proposal is to convert the existing building into a mainly residential use with some live / work and office spaces.

With respect to the impact on the John Street Conservation Area, it is only the exterior of the Hill Street and Randall Street elevation that will be visible from the Conservation Area. This exterior would alter very little, the main change being the removal of the signs advertising the business within. All the existing detailing would remain and it is considered that the application would have a neutral impact on the Conservation Area in that there would neither be a detrimental or enhancing impact. The Listing details of Portland Works make it clear that this is a particularly fine example of a metal trades / cutlery works, also important because the building is still in its original use. There has been little change in this respect since it was constructed and original machinery is still in use within the building.

The proposed change would mean that the existing fabric of the building would be retained along with a new section at second floor level to replace that part destroyed by fire. There would also be a new addition in the form of a large bronze and glass extension. The building would remain but the character would change because the intended use would be lost, along with much of the equipment and original features. The key issue is whether or not this level of change would be acceptable and compliant with relevant policy criteria. National Guidance in PPS5 – for Planning for the Historic Environment’ also says that the optimum viable use should also be taken into account in any such assessment. In this instance, it is

205 not the case that Portland Works is a vacant building in a state of dis-repair or dereliction and conversion to apartments is the only viable means of preserving the building.

The current use is the preferred use for Policy BE19 of the UDP and the business within Portland Works are actively pursuing their continual occupation by way of a Provident Trust to ensure that Portland Works continues operating in the manner for which it was built.

Conversion to the proposed uses would mean that the historical context of the original use would be completely lost along with a number of important original features. It is acknowledged that the applicant has strived to retain some features that can be incorporated into the conversion but, crucially, many of the most important ones such as the hammers would be lost.

The proposal would dilute the character and appearance of the Listed Building to such an extent that it would be contrary to policies BE15 and BE19 of the UDP and Policy CS74 of the Core Strategy. This is a Grade Two Star Listed Building and the loss of the character and historical context, when the preferred use would have an element of viability, would be to the detriment of Portland Works. The perception of the proposal, if built, would be one of apartments in a converted building: the industrial connection and character would be lost.

Consequently, in this respect, the applications are considered to be unacceptable.

Potential for Noise and Disturbance

Policy IB9 of the UDP says that residents in housing should not suffer from unacceptable living conditions and Policy H5 – flats, bedsitters and Shared Housing – supports this. A Noise Survey was submitted in support of the planning application which took day and night readings and had regard to the use of Stag Works at the rear, which houses considerable number of recording studios and rehearsal spaces.

National guidance in respect of this issue is contained within PPG24 – ‘Planning and Noise’ and this sets out noise categories on a sliding scale of levels of acceptability. The survey shows that the day and night background levels are within categories A and B, which means that, with sound attenuation measures to prevent noise break in, the existing noise levels would be acceptable. The mitigation measures would include acoustic bricks, ventilation systems with silencers and double glazing.

The Noise Report addresses the issues with Stag Works. A further monitoring session was done specifically relating to Stag Works. This was done with the absence of road traffic on John Street and music was audible. The Report maintains that the studios are located in one section of Stag Works away from Portland Works and the noise level falls into category B, which means that this would be acceptable with mitigation measures. There are comments set out in the Representations section of this report that contradicts this, saying that the studios are in all parts of Stag Works and they operate on a 24 hour basis. It is considered

206 that with mitigation measures, the impact would be acceptable, even on a 24 hour basis, as this is an edge of city centre and some noise is to be expected at such locations.

Amenities of Future Occupiers

The apartments would be modest in size and typify inner city living. There is limited amenity space proposed but this is considered acceptable because it reflects similar developments in the city centre. Also, there would be an issue of light being restricted for some apartments particularly on the lower levels, but, again, this is not dissimilar to other conversions of former industrial buildings, where the ability to meet modern standards is severely limited. Therefore, whilst there is a general shortfall of amenity provision for future occupiers, this would not be a justifiable reason to refuse planning permission in this instance.

Highways, Access, Parking and Transportation

Policy IB9 of the UDP says that new development should be adequately served by transport facilities and provide safe access to the highway network with appropriate off-street car parking.

There is very limited space in the internal courtyard at Portland Works and the applicant has stated that this would be a car-free scheme. No parking would be provided and the intention is that people living at the Works would have nowhere to park a car. Given the close proximity to the facilities of the city centre and good public transport, this is considered to be acceptable.

The internal courtyard area would be a pedestrian area with access in vehicles limited to disabled people and emergency vehicles. The proposed cycle parking area is close to the access into the site, which would remain where it is, close to the corner of Randall Street and Hill Street. This would avoid any potential pedestrian / cycle conflict in limited space.

A number of representations have said that the road network around Portland Works is subject to heavy parking demand and the scheme at the Works would not be car free. Some people living there would want a private car and rely on Street Parking. In response to this, your officers take the view that car-free schemes are successful within city centre locations and Portland Works is close enough to the centre for this to be a successful scheme here.

Open Space

Policy H16 of the UDP requires residential development of 5 dwellings or more to provide a financial contribution to the improvement of open space in the locality where assessment demonstrates an under-provision, as is the case here. In this instance, the sum would be £14,541 and control over the submission of this would be established by way of a legal agreement under Section 106 of the Town and Country Planning Act on a unilateral planning obligation.

Affordable Housing

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Policy CS40 of the Core Strategy requires a financial contribution to affordable housing to be made on certain housing schemes. This policy seeks to address a shortfall of affordable houses in the city. This application would attract the need for a contribution and the applicant has agreed to make a contribution of between £338,945 and £451,926 which covers the range of 30 to 40% affordable housing target. The minimum target in this range of 30% is considered to be acceptable and the submission of this would be controlled by a legal agreement.

Flood Risk

Policy CS67 of the Core Strategy deals with Flood Risk Management. Portland Works is not within an area of flood risk, so there is no need to provide any assessment or mitigation measures. The Environment Agency neither object to or wish to make any comments about this application.

Housing Land Supply

An assessment has been carried out in the Bramall Lane / John Street Area on whether or not this application would make a significant contribution to housing stock in the period up to 2026.

Housing land supply to 2026 is limited and the Local Planning Authority cannot currently demonstrate a five year supply of deliverable sites. In principle, the Portland Works proposal would make a useful, if relatively small contribution to the overall supply. However, there are already large numbers of apartments with planning permission that have not been built and, given the current economical conditions, there is doubt that these will all be delivered in the next five years.

Consequently, given the relatively small site of the development and the type of dwellings provided, the contribution to housing land supply should not be treated as a significant consideration and would not outweigh the detrimental impact on the Listed Building.

Disabled Access and Mobility Housing

Policy H15 of the UDP deals with the Design of New Housing Development, and this says that there should be easy access for people with disabilities. Policy H7 says that in all refurbished housing, the provision of a proportion of mobility housing will be encouraged, the target for this being 25%.

The applicant has confirmed that 25% of the apartments would be designed to Mobility Standards.

With respect to the provision for disabled access, this is restricted because of the need to preserve the character and appearance of the Listed Building. However, a new extension will allow a lift to be introduced and access for wheelchairs has been accommodated where possible. The internal courtyard would be accessible by cars driven by disabled people.

208 Archaeology

This application has archaeological implications because of the age of the building and also because it has been operating as a cutlery works since it was built. In the event of a favourable recommendation, conditions would need to be attached ensuring that a programme of investigation work is carried out and details of any new foundations be submitted.

SUMMARY AND RECOMMENDATION

The planning and Listed Building Consent applications propose a scheme, as amended, to convert Portland Works into 59 apartments including live / work spaces and office space. The proposal would involve the addition of a contemporary bronze and glass extension in the centre of the site and the restoration of a section of the second storey which was destroyed by fire. The scheme would also involve the removal of some later additions at ground floor level and the scheme would be car free apart from disabled and emergency vehicle access.

Portland Works was constructed in the 1870’s as a metal trades and cutlery works and is still in this use today. The works are a particularly fine example of a Victorian metal trades buildings and are Listed Grade Two Star because of this. The impact of the applications on the character and appearance of the Listed Building is considered to be the single most important issue in assessing the proposal. It is acknowledged that the applicant has strived to retain the external appearance and some of the internal features and the proposed extensions are appropriate in terms of design, scale and appearance. It is also the case that this proposal would reflect the treatment of other similar buildings, many listed, which have been converted to residential use on cessation of their former industrial occupation. However, at Portland Works, it is not the case that the building is vacant and in disrepair with a residential conversion the only option to ensure long term survival. Most of the space at Portland Works is occupied by industrial uses, some still using original machinery and there is an alternative viable use in the form of the existing businesses wishing to continue operating from the site.

Policy BE19 of the UDP and national guidance in PPS5 state that the original use is preferred when considering the uses of Listed Buildings and this has been taken into account in assessing Portland Works. The loss of this original use, the original features and the dilution of the character and appearance would be detrimental and harmful to the character and appearance of the building and none of the other aspects of the scheme are beneficial enough to outweigh this.

The applications are contrary to Policies BE15 and BE19 of the UDP and Policy CS74 of the Core Strategy and the applications are, therefore recommended for refusal.

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