Report to City Centre South and East Planning and Highways Area Board

SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate

REPORT TO CITY CENTRE SOUTH DATE 02/10/2006 AND EAST PLANNING AND HIGHWAYS AREA BOARD

REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

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

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

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

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

05/00315/REM Land, Site Of Handsworth First School, St. 6 Josephs Road And Fitzalan Road Sheffield

05/02916/FUL Land Adjoining 292 20 Albert Road Sheffield

06/00232/FUL Land Opposite 8 Spring Close Dell 25 Sheffield S14 1RG

06/01576/FUL Site Of Former Smith And Hill Chemists 34 Cresswell Road Sheffield

06/01918/FUL Development At Bernard Works Site 49 Sylvester Gardens Sheffield S1 4RP

06/01931/CAC Development At Bernard Works Site 66 Sylvester Gardens Sheffield S1 4RP

06/02416/FUL Site Of 19-21 Nile Street 71 Sheffield S10 2PN

06/02501/FUL Development At Industry Works Site B 82 Sylvester Gardens Sheffield S1 4RP

06/02502/CAC Development At Industry Works Site B 76 Sylvester Gardens Sheffield S1 4RP

06/02519/CHU 78 Robin Lane 103 Beighton Sheffield S20 1BD

06/02585/FUL 57 Wilkinson Street 109 Sheffield S10 2GJ

06/02619/FUL Land Opposite 134 To 180 116 St Georges Close Sheffield

06/02884/CHU Unit 11+12 130 The Plaza 8 Fitzwilliam Street Sheffield S1 4JB

06/02989/FUL 32 Grange Crescent 137 Sheffield S11 8AY

06/03058/FUL 738 Attercliffe Road 141 Sheffield S9 3RQ

4 5 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The CITY CENTRE AND EAST Planning And Highways Area Board Date Of Meeting: 02/10/2006

LIST OF PLANNING APPLICATIONS FOR DECISION OR INFORMATION

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

Case Number 05/00315/REM

Application Type Approval of Reserved Matters

Proposal Erection of 55 apartments in 1 x 4 storey block with provision of car parking accommodation (amended scheme)(As amended plans dated 03/08/06)

Location Land, Site Of Handsworth First School, St. Josephs Road And Fitzalan Road, Sheffield

Date Received 27/01/2005

Team CITY CENTRE AND EAST

Applicant/Agent Geoff Melvin Ltd

Recommendation Grant Conditional subject to the Completion of a Legal Agreement

Subject to:

1 Before any work on site is commenced, a landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The scheme shall be carried out in accordance with the approved details within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority. When the above-mentioned landscaping has been carried out, thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.

In the interests of the amenities of the locality.

2 Details 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:

Windows Window reveals Balconies Entrance canopies

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

In order to ensure an appropriate quality of development.

4 Before work on site is commenced, details of a suitable means of site enclosure shall be submitted to and approved in writing by the Local Planning Authority and the apartments shall not be used unless such means of site enclosure has been provided in accordance with the approved details and thereafter such means of site enclosure shall be retained.

In the interests of the amenities of the locality.

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

To ensure satisfactory drainage arrangements.

6 No development shall take place until details of the proposed means of disposal or surface water drainage, including any 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.

7 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 by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

8 Surface water discharge from the completed development site shall be restricted to a maximum flow rate of 5 litres per second per hectare. Before

7 the development is occupied written confirmation shall be given to the Local Planning Authority that the necessary equipment has been installed on site to achieve the required restricted rate of discharge.

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

9 The development shall not be started until full details of the lighting, access control and general access layout off Fitzalan Road, 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.

10 The flats shall not be used unless 2.0 metres x 2.0 metres vehicle/pedestrian intervisibility splays have been provided on both sides of the means of access such that there is no obstruction to visibility greater than 600 mm above the level of the adjacent footway and such splays shall thereafter be retained.

In the interests of the safety of road users.

11 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 flats are brought into use.

Highway Improvements: Traffic calming measures to St Joseph's Road and Fitzalan Road

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.

12 The flats shall not be used unless all redundant access have been permanently stopped up and reinstated to kerb and footway, and means of vehicular access shall be restricted solely to those access points indicated in the approved plans.

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

13 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

8 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.

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

In the interests of the safety of road users.

15 The flats shall not be used unless the car parking accommodation for 60 cars as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

16 The flats shall not be used unless the cycle parking accommodation for 18 cycles as shown on the approved plans has been provided in accordance with those plans and, thereafter, such cycle parking accommodation shall be retained.

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

17 The flats 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 flats commencing, and shall thereafter be retained.

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

18 The windows on the elevations of the apartment blocks facing southwest (towards Hall Road) and southeast (towards 49 St. Joseph's Road) shall be glazed with obscure glass to the satisfaction of the Local Planning Authority and shall not at any time be glazed with clear glass without the prior written agreement of the Local Planning Authority.

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

19 Before development commences details shall be submitted and approved in writing by the Local Planning Authority of lighting for the external areas of

9 the site. The flats shall not be used unless such approved details have been implemented.

In the interests of the amenities of the locality and occupiers of the proposed dwellings.

20 Before development commences details shall be submitted of provision to be included in flats to meet mobility standards.

To ensure that provision is made in the development to meet the needs of disabled persons.

Attention is drawn to the following justifications:

1. The decision to grant planning permission and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance.

H7 - Mobility Housing H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas H16 - Open Space in New Housing Developments BE5 - Building Design and Siting BE19 - Development affecting Listed Buildings

This informative is intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report by contacting the Planning Records section on 2734215 or by visiting Sheffield City Council's website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

Attention is drawn to the following directives:

1. It is noted that your planning application involves the construction or alteration of an access crossing to a highway maintained at public expense.

This planning permission DOES NOT automatically permit the layout or construction of the access crossing in question, this being a matter which is covered by Section 184 of the Highways Act 1980, and dealt with by:

Assistant Head of Highways Development Services Howden House 1 Union Street Sheffield S1 2SH

For access crossing approval you should contact the Highway Development Control Section of Sheffield City Council on Sheffield (0114) 2736136, quoting your planning permission reference number.

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

3. The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services. The applicant is advised that noise and vibration from demolition and construction sites can be controlled by Sheffield City Council under Section 60 of the Control of Pollution Act 1974. As a general rule, where residential occupiers are likely to be affected, it is expected that noisy works of demolition and construction will be carried out during normal working hours, i.e. 0800 to 1800 hours Monday to Friday, and 0800 to 1300 hours on Saturdays with no working on Sundays or Public Holidays. Further advice, including a copy of the Council's Code of Practice for Minimising Nuisance from Construction and Demolition Sites is available from the Environmental Protection Service, 2 -10 Carbrook Hall Road, Sheffield, S9 2DB: tel. 0114 2734651.

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

Site Location

LOCATION AND PROPOSAL

The site consists of the grounds of the former Handsworth First School bounded by St Joseph’s Road and Fitzalan Road. The school buildings have been cleared which included a large stone clad main building two storeys high and single storey prefabricated building to the south east. On the south west boundary adjacent to the site are existing prefabricated buildings housing the Handsworth Community Association and a former clinic occupied by the Handsworth Boxing Association. These buildings and associated land are excluded from the site.

The site boundaries mainly consist of a stone walls of various heights some with railings on the St Joseph’s Road frontage. The external boundary was retained

12 when the site was cleared. There is a further stone wall to the rear of houses fronting Hendon Street

In general the site falls to the north west and is surrounded by two storey, (some with accommodation in the roof) stone fronted houses, some on the opposite side of the highway and others backing onto the site, i.e. Hendon Street. The exception to these uses is St Joseph’s School to the south east of the site, which has listed school buildings and church.

This is a reserved matters application for the erection of a block of 55 flats and associated car parking. The building will be of an L-shape facing St Josephs Road and Fitzalan Road.

Access to the car park will be via an archway through the north west corner of the building adjacent to Fitzalan Road. The buildings consists of alternate three and four storey apartment blocks both having their upper storeys partly in the roof with dormers, which could be considered 3.5 and 2.5 storeys, except for a corner block which has windows only on the facing elevations. Facing materials are a mixture of render and artificial stone and artificial slate on the roof. Juliet balconies of opaque glass are located in vertical groups on some of the windows on both the inner and outer elevations.

To the rear the car park is laid out along the south western and south eastern boundaries of the site. This allows amenity space around the rear of the blocks with further open space on the highway frontages. Both the car park and amenity areas are landscaped. Front boundary treatment is a stone wall and railings retained after the school was demolished. Also included within the rear area are bike lockers and a bin store is to be situated on the eastern corner adjacent to 49 St Joseph’s Road.

RELEVANT SITE HISTORY

Outline planning permission was granted for residential development by the Area Board of 2 June 2003, 03/01034/REG3. The school building was not listed and in poor condition and was demolished following the approval.

SUMMARY OF REPRESENTATIONS

Correspondence has been received raising concerns about the proposal, from Councillor Mary Lea and Handsworth Community Forum who also submitted a 25 signature petition, from 21 households, objecting to the proposal.

25 pieces of correspondence from 13 households have also been received objecting to the various details submitted as part of the application process although the concept of residential use for the site is accepted.

Issues raised are to the original scheme are;

− -Four storeys are too high and the site is being overdeveloped, a three- storey block would reduce the density by 25%.

13 − Stone building materials should be used. − Although the flats are in a similar position to the demolished school building the highest part of the school was a tower and the building did not give rise to overlooking. − Parking provided by the proposal is not adequate as most people have two cars. − The height of the flats is not in keeping with surrounding development and there is no four-storey development in the area. − The flats will overlook surrounding occupiers. This is an issue that Government Guidance PPG1states should be considered. Flats facing St Joseph’s Road and Fitzalan Road should have obscure glass. − The Flats would block light. − The proposal will not be suitable for families and there should be a mixture 1-3 bedroom properties. − Traffic generated may exacerbate existing problems from traffic around St Joseph’’s School. − Is Handsworth Community Centre to be relocated within the proposal? − It is important that the site is developed. − Electric gates to site entrances could cause on street parking problems and may be noisy. − Traffic will add to noise and pollution in the area.

Issues raised following reconsultation;

− Loss of privacy and overlooking may be an infringement of human rights. − St Josephs School is looking at traffic calming measures, this emphasises traffic problems in the area particularly that generated by the school. − Flats are too close to rear gardens − Local residents are asked what type of development they would like to see, i.e. housing but get flats instead, the impact of this development on local residents is not considered. − The proposed bin store is too close to adjoining house due to smells of rubbish and possible vermin infestation − The amended plans are still too high with 4 storeys overlooking houses. − Why is there only one entrance/exit to the site onto a busy road close to a school? − Further traffic problems are the possibility of St Josephs becoming a rat run if Oakley Road is opened up linked with the Quarry Road development. − Proposed rear parking space and open space poses a significant security risk to adjoining properties, suitable secure boundaries should be ensured. − The height of the single entrance access would restrict service and delivery vehicles.

Comments relating to further amendments

− The same consideration given to schemes in the south west and north which were rejected due to being out of character and increase in traffic should be applied to this scheme. − Could not the roof of apartment 5 match adjoining block 8?

14 − The bin store should be at the back near the boxing club. − The area of special interest in the Unitary Development Plan requires buildings to be stone fronted, why are some apartments rendered? − Why are the Council allowing overlooking of buildings that are becoming an eyesore and danger to the community?

PLANNING ASSESSMENT

Policy Issues

The site falls within a Housing Policy Area and is adjacent to an Area of Special Character in the Unitary Development Plan. Policy H10 ‘Development in Housing Areas identifies housing as the preferred use and Policy H14 details ‘Conditions on Development in Housing Areas’. The site is also considered to be a brownfield site, which Government Guidance requires should take precedence for development (PPG3).

Design Issues

As originally submitted the proposal consisted of apartment blocks, in an L shape, all four storeys high but with fourth floor dormer windows. On the corner of Fitzalan Road and St Joseph’s Road a pyramidal roofed block formed a feature with narrower lower roofed blocks linking this to larger blocks facing Fitzalan Road and St Joseph’s Road. Facing materials were to be art stone and render. Vehicular access to a rear car park was via a one way system off St Joseph’s Road adjacent to no.49 and from Fitzalan road via an archway. This rear area also included amenity space set between the car parking areas.

These proposals were considered to be unacceptable due their scale in relation to surrounding houses. Details have been subsequently amended whilst retaining the L shape such that the apartment blocks are of three and four storeys in height. The changes consist of a corner feature block adjacent to the junction of Fitzalan Road and St Joseph’s Road four storeys high with a pyramidal roof. Radiating from this block are linked three and four storey blocks fronting both the above highways. They take the form of a narrow three storey element, a four storey section with fourth floor dormer windows and a further three storey element with dormer windows at the third floor. To accommodate the lower floors the footprint of the building has been extended along St Joseph’s Road towards no 49.

In order to break the massing and add interest and modelling the middle four storey blocks have a projection at each end, clad in artstone with balconies. Each block has modelling through set backs and further contrast is achieved by the mix of render and artstone. The main artstone elements are along the ground floor of all blocks, on the corner four storey block and on the middle block as referred to above. Further detailing is provided by glass panelled Juliet balconies set in vertical column. The amount of rain water goods have been reduced by setting the dormers above the eaves. Although not precisely matching the stone facing materials the design of the blocks complements the street scene through its mixture of stone and render. The streetscape is also maintained with the buildings fronting the street and parking set to the rear. The open space in front of the

15 building with landscaping is also considered to enhance the amenities of the area. A remaining feature from the school is the boundary wall and railngs facing the highway to be incorporated into the scheme.

Overall the massing of the blocks has been reduced by the lowering the height of buildings, providing a varied roof line and modelling between blocks. Apartment block 5 fronting Fitzalan Road is in a similar position and mass to the demolished school building although it must be acknowledged that that it did not follow the whole street frontage. The three storey blocks have been reduced in height to 10.6m as compared with 12.4m for the lowest height of the original scheme. The four storey sections are of a similar height to the original proposals but there are less sections with this number of floors. In some cases the blocks are set lower than the highway, which further reduces their impact on the street scene

Access to the car park is through the building off Fitzalan Road. The car park and amenity areas have been amended from the original submission to align the open space around the building, which with the open space to the front gives them a green setting with landscaping.

Thus taking into account the above it is considered that the massing, design and location of the proposed blocks are such that they will not adversely affect the street scene or the setting and character of the adjacent Area of Special Character or the listed St Joseph’s Church and school buildings.

Amenity Issues

Adequate amenity space has been provided for occupiers of the proposed flats. As originally submitted the amenity space was set away from the building and surrounded by car parking. This has subsequently been amended and the amenity areas are now directly around the buildings and are thus considered to be of more use to residents.

The proposal will result in some cases of four storey apartment blocks being located opposite two storey houses. As stated above part of the site was formerly occupied by the school building, which faced houses on Fitzalan Road with a similar separation distance. In the proposal there are also four storey blocks on the corner of Fitzalan Road and St Joseph’s Road, and further along the latter road.

Although there are four and three storeys of flats, apart from the corner block the top floors have dormer windows in the roof and could be considered as 3.5 and 2.5 storeys respectively. Cross sections supplied by the applicant indicate that, on Fitzalan Road, there is at least 25-26 metres separation between existing houses and the four-storey block and 26-27 metres separation for the three-storey block. Apartment 5 on Fitzalan Road is shown as being 2 metres higher up to eaves than the adjacent house, whilst apartment 7 is 4metres higher to Fitzalan Road and 3 metres higher to eaves on St Joseph’s Road with 25 metres separation. The tallest part of the building i.e. the corner block, apartment 7 is relatively narrow and only fronts two dwellings on either street. Bearing in mind the separation between new and existing buildings which includes a highway and open space in front of the

16 blocks, it is not considered that the proposal will be over bearing, over dominant or result in loss of privacy.

On the eastern corner of the site the development is proposed closer to no 49 St Joseph’s Road and is also set back behind it. There is still 9 metres separation between buildings and 11 metres to the off shot of no 49. There is a window in the side gable of no 49 but this is set forward of the side elevation of the apartment block and the relationship of the rear of the buildings is such that the apartment block will not over shadow the rear windows of no 49. There are a number of small windows in the side elevation of this particular apartment block designed to bring interest to the elevation. In order to prevent overlooking these windows will be conditioned to have obscure glass.

Another concern on this boundary was the location of a bin store as it is close to no 49 St Joseph’s Road. Issues were raised about smells, pest infestation and noise. The bin store is located such as to be easily accessible from the highway as service vehicles could not pass through the archway into the courtyard. In order to meet these concerns a solid bin store structure constructed of art stone is proposed. This will face away from the house to act as a screen.

The relationship of the proposal to houses on Hendon Street to the south also raised concerns. The apartment blocks are to the north east of the rear gardens of houses on Hendon Street are set at least 15 from their rear boundaries which could not be considered to over shadow these gardens.

A 1.8 metre high fence plus a landscape strip is proposed on this boundary. This will screen the car park from houses on Hendon Street and along with the gates to the car park provide security for the neighbourhood. A similar boundary is also proposed alongside the buildings to be retained on Hall Road.

Highways Issues

As described above separate access and egress to the car park was originally proposed but with the extension of the building footprint this was reduced to a single access/egress off St Joseph’s Road. This was objected to due to its proximity to the entrance to the adjacent school and road safety implications of extra traffic generated by the flats, especially at the beginning and end of the school day. To meet these concerns the applicant agreed to a further relocation of the entrance/exit to the north-west corner of the site on Fitzalan Road. This is set well away from the school and considering that most traffic generated to and from the flats would be outside the times that school traffic is at its worst this should not adversely affect highway safety. Gates to this entrance are set in from the highway.

Off street parking has been provided at the ratio of one space per flat plus five extra spaces. There is a long frontage to the site and this is considered to allow for any other visitor parking.

Taking into account the number of flats proposed it not considered that the extra traffic generated will significantly increase traffic flows in the area. Correspondents

17 refer to possible traffic increases due to access restrictions being lifted at Oakley Road as part of the Quarry Road development. Traffic calming measures are proposed around that development which should ensure that local roads are not used as a bypass to Handsworth Road. Further traffic calming measures are conditioned for Fitzalan road and St Joseph’s Road as part of this application

The site is also located generally within 200 metres of Handsworth Road, which has frequent bus services.

Access Issues

The applicants have indicated that the proposal will be constructed to mobility standards with level thresholds, wide doors and toilet facilities to accommodate wheelchair users.

Other Issues

Reference is made to land to the west of the site up to Hall Road. This is occupied by single-storey buildings, one closest to Fitzalan Road occupied by Handsworth Community Forum and the other by a boxing club. This land is not within the applicants ownership and thus could not be part of this proposal. A condition has been included to prevent overlooking of this site.

Open Space

The catchment area of the site is well below the minimum guideline requirement for both informal and formal open space. The applicant has thus agreed to enter into a Unilateral Agreement for an offsite contribution for open space enhancement as required by Policy H16 of the Unitary Development Plan. A sum of £35,406.25p is required based on the size and number of dwellings i.e. 55 x 2 bedroom apartments.

CONCLUSION AND RECOMMENDATION

The principle of residential use has been established by the granting of outline planning approval and the Unitary Development Plan Housing Policy for the site. Details submitted include apartment blocks of 2.5, 3.5 and 4 storeys opposite 2 storey houses. Although the new development is higher the maximum height difference is 4metres and the houses are separated by a highway and landscape strip in front of the apartment blocks. The applicant has amended the scheme to lower the roofs on several of the blocks and the full 4 storey element is restricted to the corner of the site.

Facing materials for the apartment blocks are designed to complement existing facing materials which are predominantly stone fronts around the site and the existing school boundary wall has been retained.

Adequate car parking has been provided and access details amended to take the site entrance away from St Joseph’s School. Overall the amount of traffic generated is not considered to significantly add to existing traffic flows.

Taking the above into account it thus considered that the proposal will not adversely affect the amenities of the area and occupiers of houses around the site or affect the character and setting of listed buildings in the vicinity of the site or the adjacent Area of Special Character. The proposal thus concurs with Unitary Development Plan Policies H7, H10, H14, H16, BE5, BE19

It is therefore recommended that the Area Board approve the application subject to conditions and the signing of a Legal Agreement to secure the following Heads of Terms

Heads Of Terms

A contribution of £35,406.25 is to be made for the improvement of open space in the vicinity of the site.

Case Number 05/02916/FUL

Application Type A Full Planning Application

Proposal Erection of a dwellinghouse (Resubmission)

Location Land Adjoining 292 Albert Road Sheffield

Date Received 25/07/2005

Team SOUTH

Applicant/Agent J Sowerby

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the design of the proposed dwellinghouse is out of keeping with the character of the area and would create an incongruous feature in the street scene, which would be injurious to the visual amenities of the locality. The design is particularly problematic due to the flat roof element and the incongruous, random disposition of fenestration pattern on the Albert Road elevation. Therefore, such development is contrary to Policy BE5 and H14 of the Unitary Development Plan.

Site Location

LOCATION AND PROPOSAL

The application relates to a site located within a Housing Area as allocated in the adopted Sheffield Unitary Development Plan. The site forms an infill plot between No. 292 and 284 Albert Road, and currently is relatively overgrown. The land slopes down significantly to the rear of the site.

The street scene consists of a variety of property styles and designs, including detached two-storey stone properties, rendered terraced properties, and a variety of semi-detached dwellings. With the topography of the land varying significantly, there is a mixture of 2, 3 and 4 storey buildings.

21 The adjacent properties on this side of Albert Road are predominantly three storeys high due to the steep slope of the site, showing two storeys on the Albert Road frontage and three storeys on to the gardens at the rear.

It is proposed to erect a single dwelling house on the site. The proposed dwelling is two storeys high fronting Albert Road and three storeys high facing the rear garden. Two parking spaces are proposed to the front of the property, and a roof terrace is proposed to the first floor.

RELEVANT PLANNING HISTORY

Planning permission was refused on 10.05.2005 for the erection of a dwellinghouse. Application No. 05/01072/FUL for the following reason:

The Local Planning Authority consider that the design of the proposed dwellinghouse is out of keeping with the character of the area and would create an incongruous feature in the street scene, which would be injurious to the visual amenities of the locality. The design in particularly problematic due to the flat roof element and the incongruous fenestration pattern on the Albert Road elevation. Therefore, such development is contrary to Policy BE5 and H14 of the Unitary Development Plan.

Planning permission was granted on 03.12.2002 for a residential development - outline application on the site. Application No. 02/00866/RG3

SUMMARY OF REPRESENTATIONS

There have been three representations received regarding this application.

Two letters against proposal:

− The roof garden could overlook neighbouring properties, having an impact on their privacy − The size of the proposed dwelling appears to be much larger that that of the adjacent properties and will overshadow the houses at either side. − The proposed dwelling is extremely modern in appearance and is not in keeping with the area, it is totally out of character with the existing properties − A new design should surely by sympathetic to it’s geographical surrounding, the proposed development does not fit in the area − Any building would spoil the view across to Meersbrook Park

One letter in full support

− One of the distinct features is the eclectic and diverse mix of architecture and the balance between domestic and light commercial buildings. − The plans submitted show genuine innovation, sensitivity to building materials, addressing ecological and efficient architecture. − The proposed building will make a great contribution to the developing richness of Albert Road and the area.

PLANNING ASSESSMENT

Policy Issues

The area is designated as a Housing Policy Area within the adopted Sheffield Unitary Development Plan. As such the principle of the site being redeveloped for housing is acceptable in accordance with the provisions of Policy H10 (Development in Housing Areas) thereof. However the development proposal must also be assessed against the provisions of Policy H14 (Conditions on Development in Housing Areas).

Policy H14 states In Housing Areas, new development or change of use will be permitted provided that; (a) new buildings and extensions are well designed and would be in scale and character with neighbouring buildings; and (b) new development would be well laid out with all new roads serving more than five dwellings being of an adoptable standard; and (c) the site would not be overdeveloped or deprive residents of light, privacy or security, or cause serious loss of existing garden space which would harm the character of the neighbourhood; and (d) it would provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians;

Policy BE5 ‘Building design and siting’ encourages good design, and the use of good quality materials, along with (a) original architecture will be encouraged but new buildings should complement the scale, form and architectural style of surrounding buildings, and; (g) the design, orientation and layout of developments should encourage the conservation of energy and other natural resources.

Planning Policy Guidance 3 (PPG3) encourages local planning authorities to think imaginably about design and encourage the promotion of energy efficiency within new housing whilst promoting the use of previously developed land.

Highway Issues

Two off-street parking spaces are proposed at the front of the site providing sufficient off street parking provision. The development is therefore not considered to detrimentally affect highway safety. Furthermore this provision can be controlled by condition.

Design Issues

The application proposal consists of a three-storey structure, (two-storey facing onto Albert Road) of contemporary design, with flat roofed appearance and render finish to external walls. The dwelling has been designed to incorporate a number of sustainable design features within the building.

It is considered that the proposed dwelling jars with the established character of the street, by appearing to turn its back on the street and providing a random disposition of windows. This is primarily owing to the majority of windows being created in the south elevation of the dwelling, to take full environmental advantage

23 of the sun. Due to the orientation of the site the south elevation of the property forms the rear elevation.

This results in a minimal amount of window detailing and surface area in the north elevation compared with solid elevation, with the window detailing proposed consisting of circular and triangular window forms, which forms an alien feature within the street scene. This is a striking departure from the existing appearance of the road frontage, with the random disposition of windows resulting in the elevation being at odds with the adjacent buildings.

Despite the variety of building types, styles and materials employed on Albert Road the street scene is dominated by dwellings of traditional proportions and appearance, in both built form and fenestration detail.

The flat roof details, and the relative height of its ‘eaves’ to those of adjacent properties, further confirm the conflict created by the design approach adopted.

It is not considered that a more contemporary appearance at this location is unacceptable per se. However, it is considered that a more sensitive and less stark design would be required in order to create a dwelling that would satisfy the both the applicants desire for a more individual appearance whilst remaining sympathetic to the overall character of the street scene.

There is an existing large tree to the front of the site, which will provide some soft landscaping to soften the stark appearance of the building, however this is not an evergreen tree and only will provide relief during the summer months and furthermore is under the ownership of the adjacent property.

In conclusion the site is an infill site, and as such any proposal should respect the immediately neighbouring properties. This design of this proposal does not satisfactorily achieve that, and this results in it forming an incongruous feature in the street scene.

Residential Amenity Issues

The proposed dwelling does not create any adverse overshadowing to adjacent properties. The roof terrace could create an element of overlooking to the immediate neighbouring to the west however this could be successfully reduced by the introduction of a privacy screen. Therefore the proposal complies with Guidelines found in Supplementary Planning Guidance.

SUMMARY AND RECOMMENDATION

The design of the proposed dwelling does not accord with Policies H14, and BE5, of the Sheffield Unitary Development Plan and would cause material harm the appearance of the road frontage along Albert Road, owing to the dwelling’s design and external appearance. It is therefore, recommended that planning permission be refused.

Case Number 06/00232/FUL

Application Type A Full Planning Application

Proposal Erection of 13 dwellinghouses with associated garage/parking spaces (In accordance with revised plans: Drawing No. 02 received on 20/01/06, Drawing No. 03 received on 20/01/06, Drawing No. 05 revision C received on 04/07/06, Drawing No. 01 revision D received on 04/07/06, Drawing No. 04 revision B received on 04/07/06 and the revision details sent by email on 25/07/06) and as amended by provision of additional off street car parking

Location Land Opposite 8 Spring Close Dell Sheffield S14 1RG

Date Received 19/01/2006

Team SOUTH

Applicant/Agent Chris Gothard Associates

Recommendation To Report

25 Site Location

BACKGROUND

Members will recall that at the Board Meeting of 4th September, 2006 a decision was deferred on this application with an indication that the Board was minded to grant the application subject to (i) officers clarifying that land owned by the City Council, adjacent to the application site, would be available for car parking provision in connection with the development and that a further report in respect of this matter be submitted to a meeting of this Board to be held on 2nd October, 2006 and (ii) the applicant amending the planning application to include the aforementioned land.

Following the meeting, amended plans were received indicating the provision of 12 off-street car parking spaces, and an extension of the length of adoptable highway

26 within the scheme. Local residents were notified of the receipt of the amendment, on 6th September, and invited to comment.

This report provides Members with an update on the current position relating to the parking spaces, and with a revised recommendation.

LOCATION AND PROPOSAL

The application site (which covers approximately 0.255 hectares) is located in a housing policy area within the Gleadless Valley district of Sheffield. The site is located at Spring Close Dell (which is a short cul-de-sac road off Spring Close Mount). The immediate locality is best characterized as having a high proportion of high density two, three, four and five-storey maisonette type flats (arranged predominantly as either a small cluster of three-storey blocks accommodating four units or, as four/five-storey blocks which typically may contain 8, 10 or 12 units). The existing maisonette flats are located to the north and west of the application site and, areas of public open space are located to the south and east of the application site. There are two access drives through the site one is adopted and served the previous accommodation on the site, and the second is unadopted and allows controlled access to the Open Space and Local Nature Reserve areas to the east of the site. The open space to the east of the site includes a small children’s play and seating area. It is understood that vehicles access the Open Space area in order to carry out maintenance works to the Open Space and Local Nature Reserve Area.

The application site had previously been occupied by 20 maisonette flats (contained within two separate blocks). The site has (within the past 2 years) been cleared for redevelopment and is currently overgrown scrubland (on this basis, the site is considered to be a brownfield site).

This is a full planning application for the construction of 9 dwellings and 4 apartments in a housing policy area. The accommodation will comprise of 1 detached 3-bedroom dwelling; 2 blocks of four terraced properties (each terraced dwelling having 3 bedrooms) and; 4 x 1 bedroom apartment/flats in a single 2- storey block (2 flats at ground floor level and 2 flats at first floor level). In addition to the dwellings (of which 3 of the units have integral garaging) it is proposed to construct 2 separate garages and a further 10 off-street car parking spaces (of which 2 will be for visitors). With the additional 12 spaces now proposed there would be a total of 22 external parking spaces, plus 5 garages. The proposal also involves works to create a new access road and new ancillary landscaping and boundary treatment works.

The development is fairly modern in design with a mixture of two and three-storey units (some of which contain modern features such as Juliet balconies and integral garaging). The general design of this development is a significant step away from the 1950’s/60’s flat-roofed maisonette-flats design that currently dominates in the area.

Members also need to be made aware that the development involves the closure of an existing access road “Spring Close Dell” which had also previously served

27 the former accommodation on the site. It is understood that a separate application for a Road Closure Order is to be submitted by the applicant with regard to this matter.

RELEVANT PLANNING HISTORY

There is no recent planning history directly relevant to this application.

SUMMARY OF REPRESENTATIONS

Original scheme

The application was advertised by means of site notice and by neighbour notification letters. A total of four representations have been received in response to the proposal (this includes representation from both the Sheffield Wildlife Trust and from the Gleadless Valley Wildlife Trust). The representations received have been summarized and are listed below:-

− Currently, residents living in the flats at 2-16 Spring Close Dell (or visitors to these properties) are able to park their vehicles on Spring Close Dell (in relatively close proximity to their properties), however, under the proposal which, ultimately involves the closure of Spring Close Dell, on-street car parking for local residents would be displaced onto Spring Close Mount thereby adding to the congestion and traffic safety problems, and also, having a detrimental impact on the amenities of existing residents).

− The application site has two access roads passing through it, one being towards the northern section of the site and the second towards the southern section (both access roads served the previous flats that used to be on the site). The northern access drive serves as an important link to the main footpath network through the adjacent public open space (and also to the small children’s play area located in the open space). The northern access road also provides the only access for vehicles carrying out maintenance and improvement works in the open space. The open space is part of the Gleadless Valley Local Nature Reserve (LNR) and is a valuable area for the local community, wildlife and green heritage. The open space site is used for informal recreation, play and organized community activities such as summer play-schemes and family greenspace events. The Council and wildlife groups need regular controlled vehicle access to carry out maintenance and improvement works at the site and for community events and activities. These works include grass cutting, hay meadow cutting, litter clearance, habitat management and maintenance and improvement works. With this in mind, it is essential that good pedestrian and controlled vehicular access to the Local Nature Reserve and Open Space areas be maintained.

− Strong boundary treatment needs to be erected and maintained around the development site to prevent any accidental encroachment by plant, spoil or materials.

28 − The existing area is fairly “open plan” in terms of layout. Under this proposal, some of the new houses will be sited close to the back edge of the public footway which would make this development different/out of keeping with the character of the area.

− The high number of dwellings on the site will result in an overdevelopment of the site, which would not be in keeping with the character of the area.

− Two visitor spaces will not be enough for a development of this scale.

− The proposal will block out uninterrupted views currently enjoyed by local residents. The proposal will also create shadows onto neighbouring resident’s gardens and also reduce the levels of natural light to which neighbours currently enjoy.

Revised scheme

Following neighbour notification of the amendments to the scheme, no further representations have been received.

PLANNING ASSESSMENT

The application proposes the construction of 9 dwellings and 4 apartments on a previously developed site (making this proposal a brownfield site development). Central Government guidance (PPG3 – Housing) reaffirms that the Government is committed to maximizing the re-use of previously-developed land in order both to promote regeneration and minimize the amount of Greenfield land being taken for development. The application site is approximately 0.255 of a hectare and with the 13 dwellings being proposed, the density level of this site would equate to approximately 50.98 dwellings per hectare which generally accords with the governments guideline on density levels of between 30 and 50 dwellings per hectare. It’s also worth noting that with 20 residential flats previously accommodated on the site, the density level for the site was in the region of 78.43 dwellings per hectare (considerably higher than is currently being proposed).

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

− The principal of new residential development; − Impact on the built environment − Highway considerations.

The Council is also required to consider responses received as a result of the public consultation exercise.

Principle of development

The application site is designated as being within a Housing Policy Area (as described in the Sheffield Adopted Unitary Development Plan). Policy H10 of the

29 Unitary Development Plan relates to development in Housing Areas and determines that Housing (Use Class C3) is preferred in these areas. As such, the principle of residential development on this site is determined to be acceptable. It is, however, subject to wider policy considerations and the following Unitary Development Plan policies are deemed most relevant to the determination of this proposal: H5, H14, H16 and BE5, considered below.

Quality of accommodation

Policy H5 relates to the development of flats and advises that living conditions for occupants of flats must be satisfactory and sufficient off-street parking must be provided. Policy H14 relates to conditions on development in housing areas and principally seeks to ensure that they are well designed, deliver an appropriate quality of living accommodation and do not represent over-development.

The proposed development comprises of 9 dwellings and 4 apartments. All of the 9 dwellings will have 3 bedrooms and the 4 apartments will all be one-bedroom units. It is considered that the rooms being provided are of an appropriate quality of accommodation with adequate levels of amenity space and separation distances. In this respect, the proposal does not represent an over-development of the site and complies with Policies H14 and H5 of the Sheffield Unitary Development Plan.

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 the area. The applicant has agreed to submit a unilateral planning obligation requiring the developer to pay the Council the sum of £9,239.10 upon the commencement of development. The monies will be distributed in consultation with the relevant Area Panel.

Impact on the Built Environment

Policy BE5 of the Unitary Development Plan advises that good design and the use of good quality materials will be expected in all new buildings and, developments should also complement the scale, form and architectural style of surrounding buildings. In essence, the application proposes two main terraced blocks of four units, a single detached unit and, 4 apartments in a two-storey block. One of the main characteristics of the area is that of 4 apartment/flats in three-storey blocks in clusters around the estate. For many of the existing cluster blocks of flats there is no designated off-street car parking provision and therefore, by and large, those local residents with cars have to park their vehicles on-street. This proposal introduces the use of modern facing materials, variety in terms of housing design and scale, designated gardens/amenity spaces and provision for off-street car parking for all of the new dwellings.

The application has been revised to enhance its design quality and to improve the relationship of the development to the street scene. Other modifications have also been introduced to secure improved access for both pedestrian and vehicular usage through part of the privately owned site to the nearby public Open Space

30 areas. Additional tree and shrub planting has been negotiated and shown on the plans to try and secure reasonable privacy between the proposed development and the existing neighbouring flats.

It is felt that the design and scale of this development is a significant improvement on the general character of the area, and as such, it is felt that the proposal will comply with the principles of Policy BE5.

Highway Considerations

Vehicular access to the site will be achieved via an existing access drive located towards the northern section of the site (off Spring Close Mount) that will be re- aligned and upgraded to adoptable standards. As mentioned earlier in this report, there is an existing access road (also off Spring Close Mount) that serves the southern section of the site. As part of this proposal, the access drive at the southern section of the site is to be closed off and the land utilized to form the development site for housing and garden space. The applicant is currently in the process of formally applying to the Council for a Road Closure Order, which, if approved, would allow the access drive to be permanently closed. Members are aware that some of the local residents living in the nearby maisonette flats have voiced concerns about the closure of the access drive (on the basis that their on- street parking would be displaced to Spring Close Mount and this invariably would lead to highway congestion and safety issues on Spring Close Mount).

The revised details now submitted provide an additional 12 off-street parking spaces, which are considered to be sufficient to provide replacement spaces for those ‘lost’ to the development, and in a location that is convenient for use by residents.

Local residents will also have the opportunity to challenge the closure of the access drive as part of the Road Closure Order process.

The scheme shows the construction of a new public footpath being constructed off Spring Close Mount to the adjacent Public Open Space area. Furthermore, the applicant has also agreed to allow vehicular access through the site in order to allow maintenance and other essential vehicles to maintain the Open Space area. Vehicular access to the Open Space area would continue to be controlled (by means of an existing gate). This would prevent the access becoming a thoroughfare for all and any vehicular traffic (i.e. only those that need to carry out maintenance works to the Open Space and Local Nature Reserve will have the right of access as is currently the case).

With regard to parking provision, for the development itself, the application provides 3 units with integral garaging facilities, 2 units with a detached garage and space on the drive for a second vehicle, 8 further resident parking spaces and 2 additional visitor’s spaces.

Highway officers are satisfied that the proposal has an adequate provision for off- street car parking.

31 Provision of Parking Spaces on Council Land

At the time of writing this report, discussions with Corporate Property Division have indicated that there are significant concerns relating to the future maintenance liability to the Council of the constructed spaces, and as a result it is by no means certain that authority will be granted for their construction.

Other avenues to allow the provision of the spaces are still being pursued, but there remains a doubt that this will ultimately be possible.

The outcome of further discussions relating to this will be reported in the form of a Supplementary Report to be presented to Members before the meeting.

RESPONSE TO REPRESENTATIONS

The objections to this application relate principally to:-

(i) the need to ensure that pedestrian and vehicular access to the areas of Public Open Space are maintained

(ii) that as a result of this development, local residents that currently park their cars on Spring Close Dell will have their on-street parking displaced onto Spring Close Mount, and as a result, will lead to traffic congestion and traffic safety problems on Spring Close Mount

(iii) that the proposed scheme is an overdevelopment of the site and as result will cause overshadowing and loss of views from neighbouring properties

(iv) that there is an under-provision of off-street car parking and;

(v) that there needs to be strong boundary treatment.

The plans have been amended and now clearly show pedestrian and vehicular access through the site to the edge of the Public Open Space area. It is also proposed to impose a planning condition requiring the pedestrian and vehicular access to be made available to the Open Space at all times (in the case of vehicular access, this would be controlled only for those carrying out essential maintenance works to the Open Space and Nature Reserve and not the general public as a whole).

With regard to on-street parking spaces being displaced, this issue has been covered earlier in the report under the heading of “Highway Considerations”.

With regard to the proposed development being an overdevelopment of the site, it should be noted that the site had previously been occupied by 20 maisonette-type flats that were at least 3 storey in height. The principle gardens of the new homes are south facing and therefore with the exception of some loss of early morning sunlight, the proposal is unlikely to have an overly adverse impact on the living conditions of existing neighbouring residents. Every effort has been made to

32 ensure that the minimum window separation distances are fully adhered to, indeed, instead of the minimum 21 separation distance being provided, the applicant has provided separation distances of 24/25 metres. It’s also worth noting that strategically located trees and shrubs have also been incorporated into the scheme to help prevent any direct overlooking or the sense of being overlooked. With regard to the loss of a view, it is maintained that the planning system cannot protect a private right to a view and is not a basis for refusing a planning application.

Highway officers are satisfied that the proposed development shows adequate provision for off-street car parking.

The use of planning conditions should ensure that a high quality boundary treatment will be provided.

SUMMARY AND RECOMMENDATION

The application site lies within a housing area and will provide a mix of one and three bedroom units that will increase the range of housing available within the area and contribute to Government guidance regarding the development of balanced and mixed communities. The revised scheme is considered to be of an acceptable quality of design and, through the use of planning conditions will utilize good quality materials. In this respect, it accords with the Sheffield Unitary Development Plan and is unlikely to seriously harm the living conditions of existing local residents.

The remaining outstanding issue is that of the loss of on-street parking provision for existing residents. There remains some uncertainty over the ability to provide the spaces, and secure their future maintenance, however the outcome of further discussions relating to this will be presented to Members, along with a recommendation in the form of a Supplementary Report prior to the Board Meeting.

Case Number 06/01576/FUL

Application Type A Full Planning Application

Proposal Erection of 71 apartments in 5 part-three storey, part- four storey and part-five storey blocks with vehicular access from Cresswell Road, including the provision of associated car parking and landscaping (amended plans received 27.7.2006)

Location Site Of Former Smith And Hill Chemists Cresswell Road Sheffield

Date Received 03/05/2006

Team CITY CENTRE AND EAST

Applicant/Agent Self Architects

Recommendation Grant Conditional subject to the Completion of a Legal Agreement

Subject to:

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

In order to ensure an appropriate quality of development.

3 Before any work on site is commenced, a landscape scheme for the site, to include details of soft and hard landscaping and boundary treatment, shall have been submitted to and approved by the Local Planning Authority. The scheme shall be carried out in accordance with the approved details within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority. When the above-mentioned landscaping has been carried out, thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.

In the interests of the amenities of the locality.

4 Prior to the commencement of development, details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works 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 and thereafter retained.

Te ensure satisfactory drainage arrangements.

5 Before the development is commenced, details of the proposed surfacing, layout and marking out of the car parking accommodation shall have been submitted to and approved in writing by the Local Planning Authority. The development shall not be used unless the car parking accommodation has been provided in accordance with the approved plans and thereafter such car parking accommodation shall be retained for the sole use of the development hereby permitted.

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

6 Before the development is commenced, full details of suitable and sufficient cycle parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such cycle parking has been provided in accordance with the approved plans and, thereafter, such cycle parking accommodation shall be retained.

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

7 A minimum of 25% of the apartments shall be designed to mobility standards unless otherwise agreed in writing by the Local Planning Authority, details of which shall be submitted prior to the commencement of development. The details shall include the location of the units designed to mobility standards as well as floor plans at a scale of 1:50 indicating that the units can accommodate a wheelchair turning circle.

In order to meet the housing needs of people with disabilities in accordance with Unitary Development Plan policy H7.

8 Prior to the commencement of development, further details of the provision of Green Roofs within the development shall be submitted to and approved in writing by the Local Planning Authority. The Green Roofs shall be implemented as approved prior to the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority.

To encourage the conservation of energy and other natural resources in accordance with Policy BE5 of the Adopted Unitary Development Plan.

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

To ensure satisfactory drainage arrangements.

10 Prior to being discharged into any watercourse, surface water sewer or soakaway system all surface water drainage from parking areas and hardstandings shall be passed through a petrol/oil interceptor designed and constructed in accordance with details to be approved in writing by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

11 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: Bedrooms: 30dB LAeq 15 minutes - 35 dB (2300 to 0700 hours), 45dB Laeq in bedrooms (0700 to 2300) Living Rooms: 45dB Laeq 15 minutes - 45 dB (0700 to 2300 hours), c) Include a system of alternative acoustically treated ventilation to all habitable rooms. Before the scheme of sound attenuation works is installed full details thereof shall first have been submitted to and approved in writing by the Local Planning Authority.

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

12 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.

13 Before the development is commenced a Phase 1 and 2 Risk Assessment, to characterise the contamination on site and propose a remediation scheme to ensure safe redevelopment, shall have been submitted to and approved in writing by the Local Planning Authority. Should any previously unsuspected contamination be encountered during the development, the Local Planning Authority shall be notified within one working day of its discovery, together with any proposed amendments to the proposed remediation scheme. The development shall then be carried out in accordance with the approved scheme and the applicant shall provide written verification that the remediation has been completed as approved, within 21 days of the approved scheme being completed.

In order to protect the health and safety of future occupiers and users of the site.

14 Prior to the commencement of the development, a detailed Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include:

1. Clear & unambiguous objectives to influence a lifestyle less dependent upon the private car;

2. A package of measures to encourage and facilitate less car dependent living; and,

3. A time bound programme of implementation.

Prior to the occupation of any dwelling, evidence that all the measures included within the approved Travel Plan have been implemented or are committed shall have been submitted to and approved in writing by the Local Planning Authority.

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

15 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

16 The development shall not begin until a scheme for the provision of public art as part of the development has been submitted to and approved in writing by the Local Planning Authority. Particular consideration shall be given to a public art scheme relating to the improvement of the subway beneath Darnall Station, if appropriate. The scheme shall be implemented prior to the occupation of the development unless otherwise authorised in writing by the Local Planning Authority.

In order to satisfy the requirements of Policy BE12 of the Unitary Development Plan and to ensure that the quality of the built environment is enhanced.

17 The bathroom windows to Blocks D and E on the flank wall of the buildings facing the properties on Cresswell Road shall be glazed with obscure glass and be top opening only to the satisfaction of the Local Planning Authority and shall not at any time be glazed with clear glass without the prior written agreement of the Local Planning Authority.

To protect the amenities of adjacent residential occupiers in accordance with H14 of the Adopted Unitary Development Plan.

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

In the interests of the safety of road users.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas BE5 - Building Design and Siting

Attention is drawn to the following directives:

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

2. The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services. The applicant is advised that noise and vibration from demolition and construction sites can be controlled by Sheffield City Council under Section 60 of the Control of Pollution Act 1974. As a general rule, where residential occupiers are likely to be affected, it is expected that noisy works of demolition and construction will be carried out during normal working hours, i.e. 0800 to 1800 hours Monday to Friday, and 0800 to 1300 hours on Saturdays with no working on Sundays or Public Holidays. Further advice, including a copy of the Council's Code of Practice for Minimising Nuisance from Construction and Demolition Sites is available from the Environmental Protection Service, 2 -10 Carbrook Hall Road, Sheffield, S9 2DB: tel. 0114 2734651.

3. Section 80 (2) of the Building Act 1984 requires that any person carrying out demolition work shall notify the local authority of their intention to do so. This applies if any building or structure is to be demolished in part or whole. (There are some exceptions to this including an internal part of an occupied building, a building with a cubic content of not more than 1750 cubic feet or where a greenhouse, conservatory, shed or pre-fabricated garage forms part of a larger building). Where demolition is proposed in City Centre and /or sensitive areas close to busy pedestrian routes, particular attention is drawn to the need to consult with Environmental Protection Services to agree suitable noise (including appropriate working hours) and dust suppression measures.

Form Dem 1 (Notice of Intention to Demolish) is available from Building Standards, DEL, Barkers Pool House, Burgess Street, Sheffield S1 2HF. Tel (0114) 2734170

Environmental Protection Services can be contacted at DEL, 2-10 Carbrook Hall Road, Sheffield, S9 2DB. Tel (0114) 2734651

39 4. The applicant is advised to note the contents of the letter from YEDL/NEDL dated 16th May 2006 regarding diversions that may be required on the site on the basis that there are cables and apparatus that may be encountered during the construction of the proposals and is advised to contact:

Diversions Section NEDL/YEDL 98 Aketon Road Castleford West Yorkshire WF10 5DS

Site Location

LOCATION AND PROPOSAL

The application site extends to an area of approximately 0.56 hectares with a 45 metre street frontage to Cresswell Road and a vehicular access from Poole Road. To the north lies Darnall Station and the Sheffield – Worksop railway line, which is situated on a raised embankment approximately 2 metres above Cresswell Road. Cresswell Road itself comprises predominantly two storey semi-detached and terraced dwellings.

To the south is a residential care home with an industrial manufacturing unit located to the west. A range of buildings that formed the previous Smith and Hill Chemist Works currently occupies the site. Fronting Cresswell Road, it comprises the attractively detailed three-storey ‘Cuthbert and Cooper’ building with an adjacent four storey front gabled block. It then drops down to a range of single and two and half storey buildings. Within the site is a range of industrial brick buildings up to four storeys in height. There is a site level change of approximately 3.5 metres across the site, sloping west away from Cresswell Road. The existing vehicular access is provided from Poole Road and runs to the rear of properties on Cresswell Road.

This is a full application for the demolition of the majority of the existing buildings (excluding the Cuthbert and Cooper building, which is to be retained) and the construction of four additional blocks of accommodation providing a total of 71 residential apartments. The retention and conversion of the Cuthbert and Cooper represents a significant element of the proposal and has guided the scale and design of the remaining scheme, which comprises the following:

Block A: Located within the site Block A comprises a part 3-storey, part 4-storey and part-5 storey block providing 31 apartments of 27 x 2 bedroom and 4 x 1 bedroom apartments. The building is reduced to 3-storey on the southeast corner of the block, immediately visible from the adjacent care home. The remaining block is 4-storey with only the lift shaft extending to five-storey. The main entrance to Block A is sited immediately opposite the main vehicular access to the site to ensure a building that is legible. A swimming pool and changing facilities are provided in the basement.

Block B: Fronting Cresswell Road and lying parallel to the railway line, Block B comprises a part-3, part-4 storey building providing 15 x 2 bedroom units and 8 x 1 bedroom units. The elevation fronting Cresswell Road comprises a flat roof structure that reflects the bay proportions of Block C. Fronting the railway, a 3- storey side-gabled building is proposed which is terminated by a four-storey flat roof building that reflects and repeats the design of the Cresswell Road frontage. Block B will be constructed in facing brick with elements of render and detailed with aluminium windows and balconies with louvers to provide shading to full height glazing within the stair cores.

Block C: The Cuthbert and Cooper building is retained and converted to provide 3 x 2 bedroom apartments. The existing adjoining four storey pitched roof building is structurally unsound and will be replaced with a four storey flat-roof building of a

41 design that reflects the character of the Cuthbert and Cooper building and will provide 3 x 2 bedroom and 5 x 1 bedroom units. Block C provides a total of 11 units. It will be constructed in facing brickwork with aluminium windows and balconies and steel course headers.

Block D: Located to the rear of 43 Cresswell Road, Block D comprises a 2-storey side-gabled building that comprises 4 x 2 bedroom flats with a private garden to the rear. It is designed to enclose the parking court and will be constructed in matching brickwork.

Block E: Sited adjacent to the electricity sub-station fronting Poole Road, Block E comprises a 2-storey side gabled building providing 2 x 2 bedroom units with a private garden to the rear. Block E is sited in the location of the existing access road but now provides an appropriate infill to the street frontage of Poole Road.

A total of 51 car parking spaces are provided for the apartments. Landscaping is also proposed throughout the site with a private garden provided to Blocks A, C, D and E with a landscaped amenity area situated within the main site.

The revised proposal represents a substantial alteration from that originally submitted, which proposed the demolition of all buildings and the construction of two substantial blocks providing 70 apartments. The first block extended along the frontage of Cresswell Road to a height of part-3 ½ part-4 ½ storeys comprising a traditional side-gabled roof with projecting bays. The second comprises an L- shaped block within the site and fronting the railway line, constructed with a flat roof in a part-3, part-4 storey block with a significant element of 5 storeys. The existing access road from Poole Road was retained. The revised scheme is a result of extensive discussions with the applicant to achieve the retention of part of the site and a more considered development.

RELEVANT PLANNING HISTORY

The following applications are relevant to the consideration of this proposal:

05/00279/FUL Erection of 44 x 1 and 2 bedroom apartments: Approved: 04.05.2005

This application sought the demolition of all buildings and the construction of two blocks of flats within the site of three and four storeys with an additional two storey unit to the rear of 43 Cresswell Road and adjacent to the electricity sub-station on Poole Road. Vehicular access was provided from Cresswell Road.

03/01639/OUT Erection of 24 residential units: Approved 12.01.2004

SUMMARY OF REPRESENTATIONS

The initial application was advertised by way of site notice and neighbour notification. One letter was received from the occupiers of the adjacent manufacturing unit – P&B metals. The company were evidently not aware of the

42 previous residential consents on this site and their principal concern in relation to this development is the potential for constraints to be placed on the operation of their business as a result of new neighbouring residential development.

A second consultation exercise was undertaken with regard to the revised plans. A total of 8 letters of objection have been received from residents of Cresswell Road who raise the following concerns:

− Increase in traffic including construction traffic; − Loss of privacy to No.13 Cresswell Road from Blocks D and E; − Increase in the number of people that will reside on Cresswell Road; − Impact on the adjacent care home in terms of noise and dirt during construction; − A concern as to whether the flats are for sale or rent and a suggestion that ‘younger tenants bring in undesirables’; − An objection that the area will ‘make it an ideal place for people to abandon old scrap cars and for joyriders to set fire to stolen cars’’ − Objection to the consultation period and the lack of time to respond; − Objection from 44 Cresswell Road regarding the five-storey block opposite in terms of loss of light.

PLANNING ASSESSMENT

This application proposes the redevelopment of this currently vacant site to provide 71 residential apartments. The principal issues to consider in the determination of this proposal include the following:

(a) Policy and land use issues: principle of development; (b) Layout and Design (c) Parking and highways; (d) Noise (e) Accessibility (f) Open Space (g) Green Roofs and Public Art

The Council is also required to consider responses received as a result of the consultation exercise.

Policy and Lane Use

The application site falls within a designated Housing Area as defined in the Unitary Development Plan. Policy H10 of the Unitary Development Plan relates to development in Housing Areas and determines that the preferred use is housing subject to a number of conditions, considered below. As such, the principle of residential development on this site is entirely acceptable.

Layout, Scale and Design

43 Policy H14 of the Unitary Development Plan relates to conditions on development in Housing Areas and advises that new buildings must be well designed and in scale and character with neighbouring buildings. H14 seeks to ensure that the site is not overdeveloped and should not deprive residents of light, privacy or security. It should also provide safe access to the highway network and be well laid out. Additionally, Policy BE5 of the Unitary Development Plan relates to building design and siting and advises that good design and the use of good quality materials will be expected in all new buildings. It states that original architecture will be encouraged but buildings should complement the scale, form and architectural style of surrounding buildings and should be of a human scale. It is also relevant to consider the proposal in the context of the Council’s Supplementary Planning Guidance on Designing House Extensions. Whilst this clearly relates to extensions, it does seek to establish distances between buildings to retain privacy and ensure that development is neither over-bearing nor over- dominant.

The layout of the site has developed as a response to the siting of existing buildings and to ensure an appropriate relationship to the existing streetscene. Fronting Cresswell Road, the proposed layout of Blocks B and C reflect the form of existing buildings (including the retention of the main Cuthbert and Copper building) and provides an appropriately built edge to the street. It also ensures additional natural surveillance over the route towards the subway to Darnall Station. Similarly, Block E is proposed on the site of the existing access road to provide an appropriate infill to the street frontage of Poole Road. Block A within the site is located to ensure an appropriate relationship to surrounding buildings; the rear façade lies more than 38 metres from the adjacent works building to the rear and approximately 24 metres from the adjacent care home; moreover, it is a blank wall facing the care home. Block D also lies within the site to enclose the parking court; its side elevation lies 15 metres from the rear façade of 43 Cresswell Road and 18 metres from the care home. Given that each side elevations incorporates only a single obscure glazed bathroom window, this distance is considered sufficient to preserve the privacy of adjacent occupiers and will not be over-bearing in its relationship. Indeed, Guideline 5 of the SPG on house extensions advises that a minimum distance of 12 metres is recommended from the main windows of a neighbour. The layout of buildings within the site is therefore considered acceptable in accordance with Policy H14 and BE5.

The scale of development across the site has been designed to ensure an appropriate relationship to adjacent buildings. Consequently, Blocks D and E, which lie closest to existing residential properties on Cresswell Road and Poole Road, are proposed to a height of only two storeys. Fronting Cresswell Road, the Cuthbert and Cooper building is retained whilst the adjacent new Block C is designed to a height of four storeys with a flat roof, which is lower than the existing building and thus appropriate in scale. The residential properties that lie opposite are more than 16 metres away and this is considered a sufficient distance across a road, particularly given that the new building is also slightly offset from the existing residential properties. Finally, Block B is 3 storeys fronting Cresswell Road rising to part four-storeys on the rear of Block B fronting the railway line. This reflects, in part, the scale of existing buildings on the site and moreover, there are no existing properties facing Block B and as such, will be no impact on the amenity of existing

44 residents. It is therefore considered that the scale of development, whilst higher than the existing houses, is appropriate on the basis that it will not impact on the amenity of existing residents and largely reflects the scale and massing of the existing industrial buildings, in accordance with Policy H14 and BE5.

The design and external appearance of the proposed development has altered significantly since the original submission in order to develop a more locally distinctive design that reflects the character of the remaining Cuthbert and Cooper building. Consequently, fronting Cresswell Road, the buildings are designed with flat roofs and comprise a series of bays that reflect the proportions of the original building. Window details have also been designed to create an industrial character to the development. This level of detailing is continued into the main part of the site, which also incorporates louver details to further break up the massing and provide visual interest to the elevations, to ensure a development of a human scale. The proposed mix of materials, including facing brick, render and grey aluminium windows will ensure a relationship to the existing area, which is predominantly red brick and further the industrial quality of the development. It is therefore considered that the development has successfully retained an existing building of local character that raises the quality of the streetscene and delivers a scheme of good design and good quality materials and of a human scale, in accordance with Policy BE5.

Parking and Highways

Policy H14 of the Unitary Development Plan advises that all new roads serving more than 5 dwellings must be of an adoptable standard and provide safe access to the highway network. Vehicular access to the site is provided from Cresswell Road, which is the location of the original vehicle access to the factory. Highways Development Control raises no objection to the vehicular access and is therefore acceptable in accordance with H14. The only concern raised by Highways DC relates to the level of car parking and a view that it is insufficient. The Council’s existing parking guidance recommends a maximum of 89 spaces for 71 apartments. However, these parking standards are a maximum and as such, the provision of 51 spaces is not contrary to policy.

More significantly, it is considered that this site is highly accessible given its immediate proximity to Darnall Station. During peak hours there are trains from Darnall to Sheffield City Centre at approximately 35-minute internals with an hourly service running throughout the day. Additionally, it is within 20 metres of Prince of Wales Road, from which a number of bus services and routes are available. As such, the site is highly accessible to services and facilities by means other than the private car. On this basis, a condition is proposed requiring the submission of a Framework Travel Plan, which will seek to promote use of public transport and ensure less reliance on the private car. A parking management strategy is also required by condition to outline the allocation of car parking spaces and the means to manage the parking in relation to the proposed future occupiers. On the basis that car parking is in accordance with the Council’s standards and given the highly accessible location, it is considered that, on balance, it would not be reasonable to refuse the application on the basis of parking levels alone. Given the proposed

45 conditions relating to parking management and the travel plan, the level of provision is therefore considered adequate.

Noise

The application site adjoins the Sheffield-Chesterfield railway line to the north-east and a manufacturing unit, P&B Metal Components, to the west. The applicant has submitted a noise assessment in relation the potential noise impact from both sources. With regard to rail noise, based upon the railway timetable, the noise assessment concludes that the amount of rail traffic is fairly constant from day to day with the greatest amount of freight traffic on a Friday. The nearest residential unit (Block B) will be approximately 30 metres from the railway track and consequently, it is determined that in accordance with PPG24 (Noise) the site falls within Category A (Noise need not be considered as a determining factor in granting planning permission) for the daytime and Category B (Noise should be taken into account when determining planning applications and, where appropriate, conditions imposed to ensure an adequate level of protection) for the nightime. This does not preclude development and accordingly, the applicant has set out proposed noise attenuation measures.

With regard to the adjacent factory unit, a specific noise assessment was undertaken in July 2006. The assessment determines that the factory manufactures metal products and predominantly operates between the hours of 0800-2200 on weekdays and occasional Saturday mornings and additional hours as required. The factory was in full production at the time of the noise survey. Block A lies closest to the factory unit and the servicing yard. The noise assessment concludes that Block A will be exposed to sound from the factory and from loading activities. Sound levels measured at the site identify the noise exposure categories from the factory to be Category A during the day and Category B during the night. Accordingly, with appropriate noise attenuation measures that are proposed in the noise assessment, it is considered that a satisfactory residential environment can be achieved, which will also limit the potential for complaints with regard to the adjacent manufacturing unit and reduce any potential conflict between the two uses.

Accessibility

Policy H7 of the Unitary Development Plan encourages all new housing to be provided with at least 25% of the accommodation to be Mobility Housing, which will be sought as a condition of this approval.

Open Space Enhancement Contribution

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. The applicant has entered into a unilateral planning obligation and agreed to pay the Council the sum of £42,729,55 upon the commencement of development. The monies will be distributed in consultation with the relevant Area Panel.

46 Green Roofs and Public Art

The applicant has advised that Green Roofs will be incorporated into part of the development and details will be required by condition.

A condition is also proposed requesting further details of public art provision in association with the development. It is considered desirable that the public art provision is directed towards improving the subway to Darnall Station although this area is outside the control of the applicant and may not be achievable.

RESPONSE TO REPRESENTATIONS

A number of objections were received following the second public consultation exercise as set out in the report above. These have been considered as part of the application process as detailed below:

− The issue of increased traffic is considered in the report above; − The concern relating to construction traffic, with particular regard to the adjacent care home, is noted but it is considered that the construction period is temporary and controls are proposed with regard to hours of work and dust by way of a directive. − The occupier of No.13 raises concern with regard to loss of privacy from Blocks D and E. No.13 faces the gardens of these two Blocks and is perpendicular to them. As such, there is no direct overlooking of No.13 from the new development and it is thus considered that an objection regarding loss of privacy could not be sustained. Moreover, a condition is proposed in relation to the small flank wall windows to Blocks D and E to ensure that they are obscure glazed. − With regard to the objection from the occupier of No.44 Cresswell Road with regard to loss of light, it is advised that No.44 actually lies directly opposite the access road into the site and there is no building directly in front of it. Moreover, the site lies to the north-west of No.44 and is therefore unlikely to impact on light to this property. − It is acknowledged that there will be an increase in the number of people that will reside on Cresswell Road. However, the development will result in the re-use of an existing building of local character and the development of a site that is currently run down and subject to vandalism. It is considered that the area has the facilities and services to accommodate the increase in population. − The issue of tenure of the proposed apartments and the nature of the tenants is not a planning matter and is not relevant to the determination of this proposal; − The objection that the area will ‘make it an ideal place for people to abandon old scrap cars and for joyriders to set fire to stolen cars’’ is again not a planning matter albeit that it is considered that the redevelopment of the site is likely to reduce the possibility of vandalism. − With regard to the objection to the consultation period and the lack of time to respond, it is advised that two consultation exercises have been undertaken on this site with a time for response that is in accordance with the Town and

47 Country (General Development Procedure) 1995. Additionally, any objections received after the consultation period have still been considered.

One letter was received from the adjoining industrial premises, P&B Metal Components Ltd who is sited at Acres Hill Lane. They are primarily concerned that the introduction of a residential development adjacent to their business (which is 24 hours) would be prejudicial to their operations as it may result in their hours being limited. Unfortunately, P&B were not consulted on the previous planning applications and were unaware that residential consent had already been granted at this site. However, in response to the letter from P&B the applicant was requested to undertake a new noise survey to take into account noise generated by this unit and propose recommended glazing levels as detailed in the report above.

SUMMARY

The proposed development will result in the re-use and renewal of a currently vacant and semi-derelict site and provide new housing opportunities within this designated housing area. The principle of development is therefore entirely acceptable and in accordance with the Unitary Development Plan. Moreover, the delivery of a scheme that retains the Cuthbert and Cooper building and secures a modern development that respects the features and character of that building is considered to ensure an appropriate scale, quality and character in relation to the surrounding area. It is acknowledged that this scheme represents an intensification of the residential development previously approved (44 units). However, given the merits of this proposal, including the retention of the existing building that is locally distinctive and the introduction of a modern design approach, as well as the fact that the proposal will not be detrimental to the amenity of any existing residents and will, in fact, lead to the redevelopment of a currently vacant and unsightly site, it is considered that the proposal accords with current planning policy. As such, the application is recommended for approval subject to the conditions set out below and a Section 106 Planning Obligation to secure a contribution to open space.

RECOMMENDATION

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

1. The Owner shall pay to the Council on or before the first occupation of the development the sum of £42,729,55 to be used for the provision of open space in the locality of the site.

Case Number 06/01918/FUL

Application Type A Full Planning Application

Proposal Mixed use development comprising 5/6 storey block providing 102 apartments, office accommodation, cafe/bar, car parking accommodation in basement, public open space & associated landscaping

Location Development At Bernard Works Site Sylvester Gardens Sheffield S1 4RP

Date Received 19/05/2006

Team CITY CENTRE AND EAST

Applicant/Agent Washington Young LLP

Recommendation Grant Conditional subject to the Completion of a Legal Agreement

Subject to:

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

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

2 This development shall be carried out in complete accordance with the approved plans JS0666/PL 101 Rev A, JS0666/PL 102 Rev A, JS0666/PL 103 Rev A, JS0666/PL 104 Rev A, JS0666/PL 201 Rev A, JS0666/PL 202 Rev A, JS0666/PL 203 Rev A, JS0666/PL 301 Rev A, JS0666/PL 302 Rev A (All revised plans received 18th Sept 2006) and unless otherwise authorised in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

3 Samples of all proposed external materials and finishes, including windows and balconies, 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.

49 4 Large-scale details of the following items, at a minimum of 1:20 shall be submitted to and approved in writing by the Local Planning Authority before the commencement of development: eaves, balconies, handrails and fenestration details (including window recesses). Thereafter, the works shall be carried out and maintained in accordance with the approved details.

In order to ensure an appropriate quality of development in accordance with Policy BE5 of the Adopted Unitary Development Plan.

5 Before the development is brought into use, or in accordance with a timescale to be agreed by the Local Planning Authority, the footway adjoining the site along Sylvester Street and the road surface along Sylvester Gardens shall be resurfaced/repaired (as appropriate) in accordance with the secondary palette of materials as set out in the Urban Design Compendium or in the case of Sylvester Gardens, to match the existing cobble treatment in accordance with details to be submitted to the Local Planning Authority prior to the commencement of development.

In the interests of the locality and to meet the objectives of the Urban Design Compendium and Policy BE5 of the Adopted Unitary Development Plan.

6 Before any work on site is commenced, a landscape scheme for the site shall be submitted to and approved by the Local Planning Authority. The landscape scheme shall include details of both soft and hard landscape and details of proposed paving and railing details. The landscape scheme shall be carried out in accordance with the approved details within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority. When the above- mentioned landscaping has been carried out, thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.

In the interests of the amenities of the locality.

7 The areas identified as commercial units on the approved plan JS0666/PL 101 Rev A (received 18th September 2006) shall be used in accordance with Class B1 of the Town and Country Planning (Uses classes) Order 1987 (as amended) unless otherwise approved by the Local Planning Authority.

In order to define the permission.

8 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) the café/bar area identified on the approved plan JS0666/PL 101 Rev A (received 18th September 2006) shall be used in accordance with Classes A3 or A4 of the Town and Country Planning (Uses classes) Order 1987 (as amended) unless otherwise approved by the Local Planning Authority.

50 In order to define the permission.

9 The ground floor café/bar identified on the approved plan JS0666/PL 101 Rev A (received 18th September 2006) shall be used for the purposes outlined in Condition 8 above only between the hours of 0800 and 2330 Mondays to Saturdays, and 0800 hours and 2300 hours on Sundays and Public Holidays unless otherwise approved in writing by the Local Planning Authority.

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

10 No deliveries to the ground floor commercial units or café/bar unit shall be carried out between the hours of 2300 to 0700 hours Monday to Saturday and 2300 hours to 0900 hours Sundays and Public Holidays.

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

11 Prior to the commencement of development, further details of lighting both to the building and to the public square 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 BE5

12 The residential dwellings hereby approved shall not be occupied unless sound insulation measures from flat to flat and between the ground floor and first floor have been implemented, the details of which shall be submitted to and approved in writing by the Local Planning Authority prior to installation. Thereafter the approved sound insulation measures shall be retained.

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

13 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; and (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

51 installed as approved in writing by the Local Planning Authority before the use is commenced and shall thereafter be retained.

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

14 Before the development is commenced, full details of proposals for the inclusion of public art within the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall then be implemented prior to the occupation of the development unless otherwise authorised in writing by the Local Planning Authority.

In order to satisfy the requirements of Policy BE12 of the Unitary Development Plan and to ensure that the quality of the built environment is enhanced.

15 Prior to the commencement of development, full details of suitable access and facilities for people with disabilities, both to and within the development and also within the curtilage of the site, shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the following:

− Provision of at least 25% of units designed to mobility standards − A plan to demonstrate level access to all parts of the new development;

And shall have regard to information provided in the Council’s Disability Design Standards.

The development shall not be used unless such access and facilities have been provided in accordance with the approved plans. Thereafter, such access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

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

16 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

52 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 Prior to the commencement of development, further details of the provision of Green Roofs within the development shall be submitted to and approved in writing by the Local Planning Authority. Details shall include the extent of cover and type of Green Roof. They shall be implemented as approved prior to the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority.

To encourage the conservation of energy and other natural resources in accordance with Policy BE5 of the Adopted Unitary Development Plan.

20 No development work, including ground clearance and demolition work shall take place unless and until the developer, their agent or their successor in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been submitted to and approved in writing by the Local Planning Authority.

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

21 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.

22 Before the development is commenced a Phase 1 and 2 Risk Assessment, to characterise the contamination on site and propose a remediation scheme to ensure safe redevelopment, shall have been submitted to and approved in writing by the Local Planning Authority. Should any previously unsuspected contamination be encountered during the development, the Local Planning Authority shall be notified within one working day of its discovery, together with any proposed amendments to the proposed

53 remediation scheme. The development shall then be carried out in accordance with the approved scheme and the applicant shall provide written verification that the remediation has been completed as approved, within 21 days of the approved scheme being completed.

In order to protect the health and safety of future occupiers and users of the site.

23 Prior to the commencement of the development, a detailed Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include:

1. Clear & unambiguous objectives to influence a lifestyle less dependent upon the private car;

2. A package of measures to encourage and facilitate less car dependent living; and,

3. A time bound programme of implementation.

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

24 Prior to the commencement of development, full details of cycle parking accommodation within the site shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the type and location of cycle parking and should incorporate secure cycle parking provision. The development shall not be used unless such cycle parking has been provided in accordance with the approved plans and, thereafter, such cycle parking accommodation shall be retained.

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

25 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.

26 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

54 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.

Attention is drawn to the following justifications:

BE5 - Building Design and Siting 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 BE16 - Development in Conservation Areas BE17 - Design & Materials in Areas of Special Character or Historic Interest BE19 - Development in Areas of Special Character GE17 - Rivers and Streams GE20 - Flood Defence

Attention is drawn to the following directives:

1. As the proposed development abuts the public highway, you are advised to contact the Highways Co-ordination Group on Sheffield 2736677, prior to commencing works. The Co-ordinator will be able to advise you of any pre- commencement condition surveys, permits, permissions or licences you may require in order to carry out your works. If your planning permission involves the construction or alteration of an access crossing, this planning permission does not automatically permit the layout or construction of the access crossing in question. For access approval and specification, you should contact the Highway Co-ordination Group on Sheffield 2736136.The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services.

55 2. The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services.

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

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

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

Site Location

LOCATION AND PROPOSAL

Bernard Works is a triangular site extending to an area of 0.25 hectares. It is bounded to the north by Sylvester Street and Sylvester Gardens, situated partly to the rear of the Niche nightclub, to the south by the Porter Brook and to the west by Industry Works. The site is currently occupied by a range of industrial buildings of one and half to two storeys in height (equivalent) comprising both front gabled and side gabled blocks and largely constructed in red brick and metal cladding of a generally low quality. Within the site is a side gabled three-storey former grinding works building constructed in red brick with a slate roof, currently it is in poor state of repair.

57 The surrounding area is mixed in character largely comprising some historic buildings interspersed with more recent developments, the majority of which is relatively low scale and of mediocre quality. The adjacent Niche nightclub is a modern construction extending up to three storeys in height.

The application site lies within the Cultural Industries Quarter (CIQ) and within the CIQ Conservation Area.

This is a full planning application proposing the demolition of the majority of buildings within the site, excluding the Former grinding works, which is to be retained, and the construction of a new mixed-use development comprising the following:

− 763 square metres of commercial floorspace on the ground floor; − 167 square metres of A3 floorspace (café/bar) within the ground floor of the Former grinding works building − 96 residential units comprising 39 one bed and 57 two bedroom units (7675 square metres). − The creation of a new public space within the site and a new public route along the Porter Brook corridor.

The layout of the site has been designed to address both the street frontage and Porter Brook to the rear and has also been influenced by the retention of the Former grinding works building within the site. To Sylvester Street/Sylvester Gardens it comprises a single façade of development fronting the street, the massing of which is visually reduced by adopting a range of materials, incorporating detailing to windows and balconies and a variable roofline. The depth of the site largely determines the depth of the development and the retained former grinding works building, which fronts the Porter Brook. Thus, fronting Sylvester Street, the commercial units have a depth of up to 17 metres (max) up to the Former grinding works. Fronting Sylvester Gardens, the depth of the scheme is reduced to a maximum of 14 metres (average) with a single 11 metre wide outrigger projecting at ground floor level to provide a visual break in the development. The commercial units in this part of the development range from a depth of 6 metres to 10 metres and are designed to be smaller units that might appeal to more creative industry users. At a mid-point along the façade, at the junction of Sylvester Street and Sylvester Gardens, is a 5 metre wide pedestrian entrance through the building, which provides a route to the public square at the rear of the site.

Fronting Sylvester Street/Sylvester Gardens the development is four storeys in height immediately adjacent to the Industry Works site, extending up to predominantly five storeys for the remaining length of the façade with two six storey elements. The most significant six storey element is glazed and set back 1.2 metres from the Sylvester Street façade and incorporates a curved metal roof which slopes to the rear of the site to the third storey of the outrigger block fronting Porter Brook. The second six-storey element is at the far corner of the site to the rear of Niche nightclub. Adjacent to the Porter Brook a new public square is proposed as well as the provision of semi-private gardens for residents. The square will incorporate a piece of public art and a retained mill wheel. A significant

58 element of the scheme is a public footway that will run along the length of Porter Brook, which is up to 2.4 metres in width. It is intended that this section of access to the Brook will be repeated in future developments to provide a riverside walk through the city.

The development adopts a modern architectural treatment incorporating a variety of materials that are designed to both respect the character of the CIQ Conservation Area and ensure an innovative architectural approach. It has also been designed to relate to but not imitate the adjacent development at Industry Works. The elevation fronting Sylvester Street principally incorporates five vertical bays of brickwork, which are interspersed with extensive areas of glazing and irregular zinc cladding panels to provide visual interest to the elevations. The ground floor introduces aluminium louvres in front of the glass façade as a detail and to provide an element of privacy. To provide a visual break in the development, the bay above the entrance into the public square utilises a different material – a woven steel mesh screen, which also serves to highlight the entrance.

To the Porter Brook elevation, the façade repeats the brick/glazing/zinc panel treatment of the Sylvester Street elevation but incorporates a different treatment to the top floors, which are either glazed or a combination of glazing and timber sliding screens. The curving steel sheet clad roof from the main six-storey element also provides a feature to the Porter Brook elevation. Additionally, the Former grinding works is restored to provide a feature building retaining the character of the area.

The current proposal represents a revision of the scheme originally submitted by omitting one floor from the block immediately adjacent to Industry Works and a further floor to the block that lies in front of the Former grinding works building. In addition, the principal sixth floor element has been recessed from the main façade to reduce its visual impact on the streetscene. It has also been resolved to create a car-free development; this provides the significant advantage of ensuring that Sylvester Gardens remains free of traffic and can be improved to create a pedestrian thoroughfare and the scheme is free of blank frontages that would be necessary to provide access and ventilation to a car park.

RELEVANT PLANNING HISTORY

There is no planning history directly applicable to the application site but it is relevant to note the current planning application at the adjacent site (Industry Works), which is also for consideration at this Board (06/02502/FUL). It has been designed by the same architects and is intended to relate in scale and form to this development at Bernard Works. The following application is also relevant:

06/01931/CAC Demolition of existing buildings at Bernard Works (excluding the Former grinding works) This item is considered subsequent to this report.

SUMMARY OF REPRESENTATIONS

The application was advertised by way of site notice, press notice and neighbour notification. One letter has been received in support of the application from a business on Mary Street who advises the following:

− Support the application and hope that something will be done regarding the poor quality of the road and pavement surfaces in the area.

In respect of the statutory consultation exercise the following key responses have been received:

− English Heritage: No objections; advises that the application should be determined in accordance with national and local policy guidance.

− Environment Agency: The final response of the EA is still awaited and will be reported directly to Planning Board.

PLANNING ASSESSMENT

This application represents the redevelopment of a predominantly vacant site within the Cultural Industries Quarter (CIQ). The key issues to consider in the determination of this proposal include the following:

− Principle of development –Policy and Land Use; − Design, siting and massing − Relationship to the Porter Brook − Transport − Accessibility − Flood risk − Public Art

The Council is also required to consider representations made as a result of the consultation exercise.

Policy and Land Use

Within the Sheffield Adopted Unitary Development Plan the application site is designated as a Fringe Industry and Business Area. Policy IB6 of the Unitary Development Plan relates to development in such areas and advises that whilst Business (B1), General Industry (B2) and Warehousing (B8) uses are preferred, a range of other uses including small shops (A1), food and drink (A3), leisure and recreation (D2) and housing (C3) may also be acceptable. In the case of housing, IB6 states that the better environment of these areas might exceptionally allow some houses where living conditions are satisfactory and they would not hinder industrial and business development.

60 It is also relevant to note Policy IB9 and IB11 of the Unitary Development Plan, which seeks to limit development that would prejudice the dominance of business and industry in an area, and determines that residents should not be made to suffer unacceptable living conditions by way of noise, air pollution, or ground contamination. The intention of Policy IB9 is to ensure that such existing employment areas continue to provide employment and confirms that in industry and business areas, the preferred uses should effectively remain dominant. Policy IB11(c) states that “housing (C3), including redevelopment, will be permitted only where the development would not suffer from unacceptable living conditions, including air pollution, ground contamination, nearby hazardous installations, noise, other nuisance or risk to health and safety”. Policy IB11(a) states that “In Fringe Industry and Business Areas, residential institutions (C2) and housing (C3), including redevelopment, will be permitted only where the development would not further constrain industrial or business development to protect the environment of the new housing”. If there were no likelihood of environmental problems caused to residents and no anticipated complaints of nuisance from residents of the new flats, then the proposal would be acceptable in terms of IB9(b), IB11(a) and IB11(c).

In this case, the application proposes 763 square metres (gross external) of commercial floorspace and an additional 167 square metres for a café/bar on the ground floor (a total of 930 square metres non-residential) with 7675 square metres (gross external) of residential accommodation above, which provides a ratio of approximately 12% commercial to 88% residential. Clearly, in this proposal the employment element is not dominant and in this respect, the application fails to comply fully with the principles of IB9. However, in this case it is important to recognise that the existing commercial units have been vacant for some time and may not be suitable for modern commercial needs. It is also relevant that the redevelopment of this site offers a number of significant benefits, particularly in terms of providing a new public square, opening up access to the Porter Brook (considered in the report below), providing a new public route along the Brook and retaining the historic Former grinding works building. In addition, the scheme is considered to be of some architectural merit and innovation that will enhance the character of the area. Finally, it is relevant to note that this part of the CIQ is currently subject to extensive redevelopment proposals for a number of mixed-use proposals and as such, it is not considered that it will constrain any industrial or business development should it arise. Indeed, the scheme has endeavoured to incorporate small commercial spaces that might attractive cultural industries and new business starters.

Thus, on balance, taking the above mitigating factors into account and on the basis that this proposal is viable and will result in the re-use of this site, the proposed level of commercial space is considered acceptable in this particular case. As such, the principle of development is considered acceptable in accordance with Policies IB6, IB9 and IB11 of the Unitary Development Plan.

Design, Siting and Massing

Policy BE5 of the Unitary Development Plan seeks to achieve good design and the use of good quality materials with a respect for the scale, form and architectural

61 character of the area. Within the Urban Design Compendium, the Cultural Industries Quarter is identified as a location to establish a cultural enclave where the principle of development is ‘repair’ and ‘recovery’ to enhance the existing character and activity of the area whilst embracing new development opportunities. It suggests that the appropriate scale of buildings will generally be 3-5 storeys with some scope for taller buildings at Howard Street and Granville Square.

In terms of the scale of development, it is acknowledged that whilst the development is predominantly five storeys, it falls to four storeys immediately adjacent to Industry Works and rises to six storeys on two elements of the façade, at the centre of the site and at the far corner of the site. Clearly, this exceeds the guidance set out in the Urban Design Compendium and was therefore the subject of extensive discussion in the course of the application. The applicant has been required to demonstrate the impact of the two six-storey elements in the context of the wider CIQ by assessing both long and short views and in particular, the long view of St Mary’s Church from Charles Street, which is identified in the UDC as a key view. As a result of the assessment, the section of development immediately adjacent to Industry Works was reduced by one floor to ensure that view of the tower of St Mary’s Church was predominantly retained. However, the assessment also revealed that the six storey elements did not impact upon any key views and were not readily visible from the wider area due to the alignment of streets and buildings within the CIQ. In addition, the principle six- storey element adopts a curved roof that arcs away from the street and is also recessed from the main façade, which serves to reduce its visual impact. On this basis, the scale of development is considered acceptable in accordance with BE5.

The form of development is reminiscent of the adjacent Industry Works scheme, in terms of the vertical bay detailing, which is considered appropriate within the CIQ Conservation Area. Furthermore, whilst the architectural approach is clearly very modern, it is considered that it respects the industrial character of the area through the use of metal detailing and red brick and provides a high quality solution to the re-use of this site. Clearly, the retention and renovation of the Former grinding works building is also appropriate to retaining the architectural character of the area.

It is therefore determined that this proposal represents a considered architectural response to this site and its surroundings and represents a distinctive and innovative design that relates in scale, form and character to the CIQ. It is therefore considered to comply with the principles of Policy BE5 of the Unitary Development Plan and advice within the Urban Design Compendium.

Impact upon the CIQ Conservation Area.

The application site lies within the CIQ Conservation Area. As such, its impact upon the character of the Conservation Area must be assessed. In the context of the Unitary Development Plan, Policy BE15 advises that developments that would harm the character or appearance of a Conservation Area will not be permitted. Policy BE16 determines that development in Conservation Areas must preserve or enhance the character or appearance of the Conservation Area whilst BE17

62 advises that within Conservation Areas, a high standard of design using traditional materials and a sensitive approach will be expected.

A separate Conservation Area Consent application for the demolition of the majority of existing buildings has been submitted for this site, which is considered in detail in the subsequent report. Clearly, the Former grinding works building is to be retained; it is not formally listed but is identified within the Urban Design Compendium as an unlisted significant building and within the CIQ Conservation Area Guidelines as a building with a positive impact on the area and, as such, its retention is clearly welcomed. It is the case that the ‘unlisted significant building’ and ‘positive impact’ designation also extends to one building fronting Sylvester Street, a two-storey red brick flat roof structure with stone lintel detailing that has been vacant for some time and is in a poor state of repair. Given its relatively low scale and form, it was considered difficult to incorporate this building within a viable scheme. Furthermore, given the architectural merit and quality of the proposal, it is considered that the development will enhance the character and appearance of the Conservation Area and as such, it is determined that the loss of this building is acceptable to enable the development of the wider site.

With regard to materials, the palette includes brick and zinc cladding to the elevations with extensive areas of glazing. This will provide an industrial ‘feel’, which is appropriate to the CIQ Conservation Area. As such, it is concluded that the development will preserve and enhance the character of the Conservation Area in accordance with Policy BE16 and BE17 of the Unitary Development Plan.

Relationship to Porter Brook

This application has sought to address the opportunities presented by the Porter Brook by providing a public square immediately adjacent to the Brook, a café/bar with outdoor seating within the square that will provide vitality to the square and informal surveillance over the riverside walk as well as securing the route of the riverside walk through the site. The walk will connect into the access provided from Mary Street through the adjacent Industry Works site. As such, it is considered that the development strongly accords to the principles of Policy GE17 of the Unitary Development Plan.

Transport

The proposal is designed as a car free development on the basis that it is a highly accessible location within Sheffield City Centre and readily accessible to shops and

63 services and to public transport. The application does provide secure parking for 82 cycles on the ground floor. Guideline 14 of the City Centre Living Strategy advises that residential developments that do not have car parking facilities will be acceptable in the City Centre although it will be expected to provide parking for disabled residents/visitors and residents cycle parking. It is acknowledged that the scheme does not provide any disabled car parking spaces but it is considered that given the limited street frontage of the site to Sylvester Street, the provision of disabled parking at ground floor level would result in a blank ground floor elevation and sterilise these key street frontages. Moreover, the removal of car parking from this scheme enables Sylvester Gardens to become entirely pedestrianised, which is advantageous in providing another route through to the riverside walk. It is considered that there is the scope for disabled parking facilities within the locality of the site and as such, the provision of a car free housing scheme is acceptable in this instance.

Accessibility

Flood Risk

Policy GE20 of the Unitary Development Plan advises that development will not be permitted where flooding risks to it or to existing development would not be overcome by suitable on-site protective measures and where necessary, off-site flood prevention measures will be required.

The application site lies within Flood Zone 3 of the Environment Agency Flood Zone Map and as such, the applicant was required to submit a full flood risk assessment. The Environment Agency has determined that significant areas of Sheffield adjacent to the Porter Brook lie within the 1 in 100 year floodplain. There is, however, ongoing discussions between the Environment Agency and the applicant with regard to the robustness of the EA model with particular regard to flood flow. On the basis of these discussions, the EA have yet to formally respond to the planning application at this time but is due to respond prior to Board. As such, the details of the EA response will be reported directly to Members at Planning Board.

Noise

The applicant submitted a full noise assessment in support of the application, which concludes that the principal noise sources evident at this site are from traffic movements on the adjacent traffic network. A noise survey was undertaken that places the site within Noise Exposure Category B, as defined in Planning Policy Guidance Note 15 (Noise) for both daytime and night-time. Category B determines that noise should be taken into account when determining planning applications and, where appropriate, conditions imposed to ensure an adequate level of protection. As such, it is proposed to attach conditions to this consent relating to construction performance criteria in relation to glazing and façade treatment. Thus,

64 in respect of noise impact and amenity the proposed development is considered acceptable.

Green Roofs

The applicant has advised that Green Roofs will be incorporated on all roofs that are not used as terraces or plant, details of which will be required by condition.

Public Art

A condition is proposed requesting further details of public art provision in association with the development and it is anticipated that it will be secured within the new public square, as indicated on the plans.

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. The applicant has entered into a unilateral planning obligation and agreed to pay the Council the sum of £101,970.00 upon the commencement of development. The monies will be distributed in consultation with the relevant Area Panel.

RESPONSE TO REPRESENTATIONS

The only public response to the application expressed support for the proposal but highlighted the need to improve the road and pavement surfaces. It is a condition of this approval that the pavement surfaces adjacent to the site will be re-surfaced in accordance with the details set out in the Urban Design Compendium.

SUMMARY

The proposed development will result in the re-use of a currently underused and predominantly unattractive site with a modern building of architectural merit that is constructed in materials that are appropriate to the CIQ Conservation Area. Additionally, the scheme will provide a mix of uses to add to the vitality of the CIQ and most significantly, will create a public route along the Porter Brook and a new public square, as well as renovating the Former grinding works. The application is therefore considered to be acceptable and complies with relevant policies as set out in the Sheffield Unitary Development Plan as detailed in the report above.

RECOMMENDATION

The application is recommended for approval subject to the conditions set out below and subject to a Planning Obligation under Section 106 with the following Heads of Terms:

1. The Owner shall pay to the Council on or before the first occupation of the development the sum of £101,970.00 to be used for the provision of open space in the locality of the site.

Case Number 06/01931/CAC

Application Type Conservation Area Consent Application

Proposal Demolition of buildings

Location Development At Bernard Works Site Sylvester Gardens Sheffield S1 4RP

Date Received 19/05/2006

Team CITY CENTRE AND EAST

Applicant/Agent Washington Young LLP

Recommendation Grant Conditionally

Subject to:

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

In order to comply with the requirements of the Planning (Listed Buildings and Conservation Areas) Regulations 1990.

2 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.

3 The buildings identified for demolition shall not be demolished before a binding legal contract for the carrying out of works of redevelopment of the site is made and evidence of such a contract has been supplied to the Local Planning Authority and planning permission has been granted for such redevelopment.

To ensure that premature demolition does not take place and result in an undeveloped site, some time before rebuilding, which would be detrimental to the visual character of the Cultural Industries Quarter Conservation Area.

66 Attention is drawn to the following justifications:

1. The decision to grant Conservation Area Consent and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance.

BE16 - Development in Conservation Areas BE17 - Design & Materials in Areas of Special Character or Historic Interest

Site Location

LOCATION AND PROPOSAL

Bernard Works is a triangular site extending to an area of 0.25 hectares. It is bounded to the north by Sylvester Street and Sylvester Gardens, to the south by the Porter Brook and to the west by Industry Works. The site is currently occupied by a range of industrial buildings of one and half to two storeys in height (equivalent) comprising both front gabled and side gabled blocks and largely constructed in red brick and metal cladding of a generally low quality. Within the site is a side gabled three-storey former grinding works building constructed in red brick with a slate roof, which is currently in a poor state of repair.

This is a Conservation Area Consent application for demolition of the majority of buildings at Bernard Works with the exception of the former grinding works mill building, which is to be retained.

RELEVANT PLANNING HISTORY

There is no planning history relating to this property but it is relevant to note the concurrent planning application for the construction of a mixed use development comprising commercial floorspace and café/bar on the ground floor with 96 residential units above (06/01918/FUL), which is considered in the previous report.

SUMMARY OF REPRESENTATIONS

The application was advertised by way of site notice, press notice and neighbour notification. No comments were received in specific response to this application.

The following statutory responses were received:

English Heritage: No objections; advises that the application should be determined in accordance with national and local policy guidance.

The application is to be reported to the September meeting of the Conservation Advisory Group. Their comments will be reported directly to the Planning Board.

PLANNING ASSESSMENT

The application proposes the demolition of the majority of buildings within Bernard Works with the exception of the former grinding mill building, which is to be retained.

The applicant has submitted both an archaeological assessment and building appraisal as well as a Conservation Area Statement, which seeks to justify the demolition of the existing buildings. The buildings appraisal states that the majority of buildings within the site are twentieth century structures comprising of a solid street frontage to Sylvester Street with a number of steel-framed shed buildings as infill. Within the site, the appraisal concludes that very little industrial plant or fittings remain to show what activities took place on site. There are two exceptions to the largely modern constructions – the first is the three-storey grinding works

68 within the site, built between 1850 and 1890, which is to be renovated and retained. The second is the former two-storey offices of Heathcote and Co. Ltd, which fronts Sylvester Street, which was constructed post 1890. In the mid- twentieth century it appears that a brick skin was added to the street frontage. The appraisal advises that this building has been much altered and extended to the rear. It concludes that of these buildings, only the grinding works is a complete and discrete former workshop that is structurally sound and worthy of retention and re-use.

The applicants Conservation Area Statement argues that the current buildings are predominantly post-war industrial units that do not make a positive contribution to the Conservation Area and are of a construction that is generally not in keeping with the materials used on historic buildings. In essence, it is argued that the site largely detracts from the Conservation Area and is thus considered suitable for significant demolition and replacement with a new development.

The key issue to consider in the determination of this proposal is the appropriateness of demolishing the existing buildings to enable the redevelopment of the site for the scheme submitted in application 06/01918/FUL.

Planning Policy

Policy BE15 of the Unitary Development Plan relates to areas and buildings of Special Architectural and Historic Interest and notes that development that would harm the character or appearance of Conservation Areas will not be permitted. Policy BE16 relates specifically to development in Conservation Areas and advises that permission will only be granted for proposals that contain sufficient justification to enable their impact on the area to be judged acceptable and where it would preserve or enhance the special character or appearance of the Conservation Area. In Conservation Areas and Areas of Special Character, Policy BE17 advises that a high standard of design using traditional materials and a sensitive and flexible approach to the layout of buildings and roads will be expected for new buildings.

Also relevant to the determination of this application is PPG15 (Planning and the Historic Environment), which provides specific advice with regard to demolition in Conservation Areas. Paragraph 4.27 of PPG15 confirms that there is a general presumption in favour of retaining buildings that make a positive contribution to the character or appearance of a conservation area. As such, it is expected that proposals to demolish such buildings should be assessed against the same broad criteria as proposals to demolish listed buildings, which has regard to the condition of the buildings and cost of repair, the adequacy of efforts to retain the building and the merits of alternative proposals for the site. PPG15 then clarifies that in less clear-cut cases, for instance, where a building makes little or no such contribution, the local planning authority will need to have full information about what is proposed for the site after demolition. It advises that consent for demolition should not be given unless there are acceptable and detailed plans for any redevelopment. It has also been held that it is relevant to consider the merits of any proposed development in determining whether consent should be given for the demolition of an unlisted building in a conservation area.

More specific to this area is the Cultural Industries Quarter Conservation Area appraisal, which seeks to define the special character of the Area. In relation to the application site, it identifies both the former grinding works and the Heathcote building as buildings with a positive impact on the area. Within the Urban Design Compendium they are also identified as significant unlisted buildings.

Clearly, the former grinding works is to be renovated which, will ensure that the character of the Conservation Area is retained. However, this application does seek the demolition of the Heathcote building, which must be assessed against the merits of the proposed development. It is relevant to consider the relatively low scale and form of this building, which makes it difficult to incorporate within a viable scheme. Moreover, given the architectural merit and quality of the proposal, it is considered that the new scheme will enhance the character and appearance of the Conservation Area and as such, it is determined that the loss of this building is acceptable to enable the development of the wider site.

Overall, it is considered that the proposal at Bernard Works is a scheme of architectural merit that utilises materials of a quality appropriate to the Conservation Area. It is considered that the architectural attributes of the proposal are sufficient to warrant the demolition of the Heathcote building, which is unlisted, particularly as the proposal will retain the former grinding works within the site. As such, the application is considered to be in accordance with Policy BE16 and BE17 of the Unitary Development Plan and advice contained within Planning Policy Guidance Note 15 (Planning and the Historic Environment).

RECOMMENDATION

That Conservation Area Consent for the demolition of all buildings with the site except the former grinding works be granted subject to conditions.

Case Number 06/02416/FUL

Application Type A Full Planning Application

Proposal Erection of 3/4 block to form 8 apartments over 2 units (Class A1 Retail) and 1 unit (Class A3 Restaurants and Cafes)

Location Site Of 19-21 Nile Street Sheffield S10 2PN

Date Received 21/06/2006

Team SOUTH

Applicant/Agent Styles Design

Recommendation Grant Conditional subject to the Completion of a Legal Agreement

Subject to:

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

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

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

i) proposed facing materials and ii) proposed roofing materials and iii)proposed windows and doors

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

In order to ensure an appropriate quality of development.

Windows Window reveals Doors

71 Eaves and verges Rainwater goods External wall construction

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

In order to ensure an appropriate quality of development.

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

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

5 Before the development is commenced full details of the proposed means of apparatus for the arrestment and discharge of fumes or gases shall be submitted to the Local Planning Authority. Upon approval in writing of such equipment, the apparatus shall be installed and retained thereafter

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

6 Before the development is commenced full details of the internal route to be taken by the discharge flue 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.

7 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 be capable of restricting noise breakout from the building to street 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 3 dB when measured as a 15 minute linear Leq

Before such a scheme of works is installed full details thereof shall first have been submitted to and approved by the Local Planning Authority.

In the interests of the amenities of the locality.

72 8 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:

Bedrooms: LAeq 15 minutes - 35 dB (2300 to 0700 hours), Living Rooms: LAeq 15 minutes - 45 dB (0700 to 2300 hours),

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

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

9 Before the development is commenced full details of the shop fronts to both the retail and restaurant units shall be submitted to, and approved in writing by, the Local Planning Authority

In order to ensure an appropriate quality of development.

10 Before the use of the building for the purposes hereby permitted is commenced, written confirmation shall be given to the Local Planning Authority that the approved scheme of sound attenuation works has been installed in the building in full.

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

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

(a) Be carried out in accordance with an approved method statement, (b) Demonstrate that the specified noise levels have been achieved.

73 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 Before the use of the building for the purposes hereby permitted is commenced, written confirmation shall be given to the Local Planning Authority that the approved scheme of sound attenuation works has been installed in the building in full.

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

13 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.

14 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 2300 hours and 0700 hours.

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

15 No deliveries to the building shall be carried out between the hours of 2300 to 0700 hours Monday to Saturday and 2300 hours to 0900 hours Sundays and Public Holidays.

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

16 Before the development is commenced full details of the proposed area for the storage of bins and other waste materials shall be submitted to and approved in writing by the Local Planning Authority.

In the interests of the amenity of residential flats above the adjacent premises.

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

To ensure satisfactory drainage arrangements.

74 18 No development shall take place until details of the proposed means of disposal of surface water drainage, including details any balancing works, have been submitted to and approved by the Local Planning Authority.

To ensure that the development can be properly drained.

19 Unless otherwise agreed in writing by the Local planning Authority, no building or other obstruction shall be located over or within 3.0 metres either side of the centre line of any sewer that crosses the site

In order to allow sufficient access for maintenance and repair work at all times.

20 Before the development is commenced detailed proposals for surface water disposal, including calculations to demonstrate a reduction of at least 20% in surface water discharge compared to the existing peak flow, must be submitted to and approved by the Local Planning Authority prior to commencement of building.

In the interests of ensuring adequate drainage.

21 Unless otherwise approved in writing by the Local Planning Authority, there shall be no piped discharge of surface water from the development prior to the completion of approved surface water drainage works.

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

22 Details shall be submitted to and approved in writing to, and approved by, the Local Planning Authority to ensure no surface water from the site discharges onto the adjacent highway.

To ensure satisfactory drainage arrangements.

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

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

Attention is drawn to the following justifications:

1. The decision to grant planning permission and impose any conditions has been taken having regard to the policies and proposals in the Sheffield

75 Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance.

BE5 - Building Design and Siting BE16 - Development in Conservation Areas S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas

Attention is drawn to the following directives:

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

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

3. As the proposed development abuts the public highway, you are advised to contact the Highways Co-ordination Group on Sheffield 2736677, prior to commencing works. The Co-ordinator will be able to advise you of any pre- commencement condition surveys, permits, permissions or licences you may require in order to carry out your works. If your planning permission involves the construction or alteration of an access crossing, this planning permission does not automatically permit the layout or construction of the access crossing in question. For access approval and specification, you should contact the Highway Co-ordination Group on Sheffield 2736136.The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services.

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

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

Site Location

LOCATION AND PROPOSAL

The application relates to a plot of land bounded by Fulwood Road to the north west, Nile Street to the north east, and Peel Street to the south. The site is currently occupied by a three storey stone built building accommodating a ground floor restaurant. There is a small car park to the rear of the building accessed from

77 Peel Street. The car park was formed when the building which previously occupied this space was demolished. The demolition itself has exposed the gable end on Nos 19-21 and the rear elevations of properties fronting Fulwood Road all of which are considered to be poor in visual amenity terms.

There is a general fall in level across the site from north to south amounting to approximately 1.5 metres.

This is an application for the erection of a three/ four-storey building. The building would accommodate two small retail units (Use Class A1) and a restaurant (Use Class A3) at ground floor level and eight flats in the upper storeys.

The proposal involves the partial demolition of existing buildings on the site (a small three-storey element of the Nile Street frontage)

The building lies within the Broomhill District Shopping Policy Area and also within the Broomhill Conservation Area.

LETTERS OF REPRESENTATION

There have been three letters of objection and one letter of support for the application.

SUMMARY OF REPRESENTATIONS

Objections

The proposal:

− Is out of scale and character with surrounding buildings − Is an over development − Will exacerbate existing car parking problems

Support

− The proposal will be a sensitive addition to the street-scene.

ASSESSMENT

Policy Issues

BE5 Building Design and Siting states:

Good design and the use of good quality materials will be expected in all new and refurbished buildings and extensions. The following principles will apply: a. original architecture will be encouraged but new buildings should complement the scale, form and architectural style of surrounding buildings.

78 d. in all new developments, design should be on a human scale wherever possible, and, particularly in large-scale developments, the materials should be varied and the overall mass of buildings broken down; e. special architectural treatment should be given to corner sites in order to create a lively and interesting environment;

BE16 Development in Conservation Areas a. In Conservation Areas permission will only be given for proposals which: would preserve or enhance the character or appearance of the Conservation Area.

Redevelopment of sites which detract from a Conservation Area will be encouraged where it would enhance the character or appearance of the Area.

Policy S7 Development in District and Local Shopping Areas states: In District and Local Shopping Centres, the following uses will normally be: Preferred Shops (A1) Acceptable Food and drink outlets (A3) Housing (C3)

Policy S10 Conditions on development

In Shopping Areas, new development or change of use will be permitted provided that it would:

a. not lead to a concentration of uses which would prejudice the dominance of preferred uses in the Area or its principal role as a Shopping Centre; and b. not cause residents or visitors in any housing to suffer from unacceptable living conditions, including air pollution, noise, other nuisance or risk to health or safety; and d. be well designed and of a scale and nature appropriate to the site; and f. be served adequately by transport facilities and provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians.

PLANNING ASSESSMENT

Design matters.

The proposal has an L-shaped footprint formed within the junction of Nile Street and Peel Street. The scale and massing of the building is not considered inappropriate in this setting with a ridge height commensurate with other properties appearing in the street scenes of Fulwood Road, Nile Street and Peel Street.

79 The appearance of the elevations mirrors traditional design in the locality with large sash windows with stone heads and sills set within elevations of stone, brick and render. Elevations faced with stone, on Fulwood Road, tie in with the prevalent facing material for shops on this frontage whilst the elevations to Nile and Peel Streets feature render or brick with stone quoins that mirror ‘The Place’ public house and office buildings on Peel Street.

The building features a traditional pitched roof, the materials of which should be conditioned as natural blue slate.

The building being demolished is typical of the buildings in the Conservation Area but has no particular merit. It’s removal will allow a comprehensive development of the site to the greater benefit of the Conservation Area.

The proposal as a whole is considered sympathetic to the surrounding built environment. In addition it is felt that the screening of the rear elevations of properties fronting Fulwood Road and the existing building on the site will improve the street scene of Peel and Nile Streets thereby enhancing the Broomhill Conservation Area.

The scheme is therefore considered acceptable in regard to policies BE5, BE16 and S10 (d)

Effect on the Shopping Area

The Unitary Development Plan shows that the site is contained within the Broomhill District Shopping Centre and policy S7 states that the ground floor retail use is preferred and the restaurant use acceptable in such areas.

The proposal involves the introduction of additional retail units to the Broomhill Shopping Area and the relocation of the existing restaurant use. As such the scheme will not have an adverse effect on the viability and vitality of the preferred use in the area and therefore satisfies Policy S10(a)

Impact of the Change of Use on Residents

The nearest residential properties from the application site are those residential flats above the adjacent shop unit. Since the development exhibits an identical format in terms of ground floor restaurant use surmounted by residential it is not considered that the scheme would introduce any adverse affect on residential amenity above and beyond existing. The proposal is therefore considered to satisfy Policy S10(b) in this respect.

Amenity of future occupants

The main issue to be considered here is that of noise from both vehicular traffic on the adjacent highway and noise emanating from ‘The Place’ public house and proposed ground floor restaurant.

80 In the latter case it is not felt that the juxtaposition of the restaurant use and flats should be any more onerous than exists in similar situations elsewhere in the Shopping Area where flats are located above and adjacent to restaurants and takeaways.

In such cases the principal noise sources tend to emanate from the comings and goings outside the premises or from the food preparation areas for the restaurant itself. It is considered that an appropriate attenuation scheme for the flats will negate the anticipated external noise. The food preparation areas do not have external openings and as such an internal noise attenuation scheme between ground and first floor will suffice to remove any disamenity from this source. Similarly, the use of appropriate secondary double glazing should ensure that vehicular noise from Nile Street and Peel Street is reduced to acceptable levels in the internal spaces. A condition requiring the noise attenuation scheme and subsequent validation test should form part of the permission. These measures will ensure that the scheme complies with Policy S10(b)

Parking and Traffic Generation

There is no provision for off street parking on the site, however, the site is well served by public transport and is within reasonable walking distance of a substantial number of local services and the University.

It should also be noted that on-street parking is generally controlled in the vicinity forming part of the Broomhill Residents Parking Scheme and the scheme will be conditioned as car free. As such, whilst the proposal is not ideal in highway terms it is not considered that this is sufficient grounds upon which to base a refusal.

The proposal is considered acceptable with regard to Policy S10(f)

Open Space

Under the terms of Unitary Development Plan Policy H16, it will be necessary for the developer to make a financial contribution to the provision of children’s playing facilities and youth/adult sports facilities in the area and this will result in a total contribution of £7,303.70, to be secured by a Unilateral Undertaking.

Summary and recommendation

This proposed scheme is considered an appropriate redevelopment of this highly prominent corner plot within the Broomhill Conservation Area. The scale, massing and design are in keeping with the locality and the uses proposed are acceptable. The highly sustainable location, existing on street parking controls and car free nature of the proposal negate a requirement for off street parking.

It is considered that the scheme would enhance the Broomhill Conservation Area.

For the reasons outlined above, it is recommended that the application be conditionally approved.

Case Number 06/02501/FUL

Application Type A Full Planning Application

Proposal Mixed use development comprising 4/5 storey block providing 64 apartments, ground floor commercial and retail use, car parking accommodation in basement, public open space and associated landscaping (Resubmission)

Location Development At Industry Works Site B Sylvester Gardens Sheffield S1 4RP

Date Received 03/07/2006

Team CITY CENTRE AND EAST

Applicant/Agent Washington Young LLP

Recommendation Grant Conditional subject to the Completion of a Legal Agreement

Subject to:

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

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

2 This development shall be carried out in complete accordance with the approved plans JS0675/PL 401, JS0675/PL 302, JS0675/PL 103, JS0675/PL 102, JS0675/PL 002 and JS0675/PL 101 Rev A, JS0675/PL 104 Rev A, JS0675/PL 201 Rev A, JS0675/PL, 301 (revised plans received 18th Sept 2006) and unless otherwise authorised in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

82 4 Large-scale details of the following items, at a minimum of 1:20 shall be submitted to and approved in writing by the Local Planning Authority before the commencement of development: eaves, balconies, handrails, entrance canopies and fenestration details (including window recesses). Thereafter, the works shall be carried out and maintained in accordance with the approved details.

In order to ensure an appropriate quality of development in accordance with Policy BE5 of the Adopted Unitary Development Plan.

5 Before the development is brought into use, or in accordance with a timescale to be agreed by the Local Planning Authority, the footway adjoining the site along Mary Street and Sylvester Street, as well as the public route through the site, shall be resurfaced in accordance with the secondary palette of materials as set out in the Urban Design Compendium.

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.

6 The use of the ground floor shall be as a retail unit, commercial space and residential in accordance with Classes A1, B1 and C3 respectively of the Town and Country Planning (Uses classes) Order 1987 (as amended) as shown on the approved plans.

In order to define the permission

7 The extent of the retail area, as shown on the approved plans, shall at no time exceed the indicated 57 square metres.

In order to define the permission and ensure an appropriate mix of uses in accordance with Policies IB6 of the Adopted Unitary Development Plan.

8 Prior to the commencement of development, 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 BE5.

9 The residential dwellings hereby approved shall not be occupied unless sound insulation measures from flat to flat and between the ground and first floor have been implemented, details of which shall be submitted to and approved in writing by the Local Planning Authority prior to installation. Thereafter the approved sound insulation measures shall be retained.

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

10 Before the use of the development is commenced a Validation Test of the sound attenuation works shall have been carried out and the results

83 submitted to and approved by the Local Planning Authority. Such Validation Test shall:

(a) Be carried out in accordance with an approved method statement; and (b) Demonstrate that the specified noise levels have been achieved.

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

11 Before the development is commenced, full details of proposals for the inclusion of public art within the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall then be implemented prior to the occupation of the development unless otherwise authorised in writing by the Local Planning Authority.

In order to satisfy the requirements of Policy BE12 of the Unitary Development Plan and to ensure that the quality of the built environment is enhanced.

12 Prior to the commencement of development, full details of suitable access and facilities for people with disabilities, both to and within the development and also within the curtilage of the site, shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the following:

- Provision of at least 25% of units designed to mobility standards - Provision of disabled parking accommodation within the parking area to include an access zone to each side of each space; - A plan to demonstrate level access to all parts of the new development;

And shall have regard to information provided in the Council’s Disability Design Standards.

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

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

To ensure satisfactory drainage arrangements.

15 Prior to the commencement of development further details of the 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.

16 Prior to the commencement of development, further details of the provision of Green Roofs within the development shall be submitted to and approved in writing by the Local Planning Authority. Details shall include the extent of cover and type of Green Roof. They shall be implemented as approved prior to the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority.

To encourage the conservation of energy and other natural resources in accordance with Policy BE5 of the Adopted Unitary Development Plan.

17 Prior to the commencement of development, further details of the proposed bridge across the Porter Brook, in terms of materials and railing details shall be submitted to and approved in writing by the Local Planning Authority. The bridge shall be implemented as approved in accordance with a timetable to be agreed with the Local Planning Authority.

To ensure an appropriate quality of development and appropriate public route along the Porter Brook in accordance with Policy GE17 of the Unitary Development Plan.

18 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

85 in accordance with a written scheme of investigation that has been submitted to and approved in writing by the Local Planning Authority.

19 Before the development is commenced a Phase 1 and 2 Risk Assessment, to characterise the contamination on site and propose a remediation scheme to ensure safe redevelopment, shall have been submitted to and approved in writing by the Local Planning Authority. Should any previously unsuspected contamination be encountered during the development, the Local Planning Authority shall be notified within one working day of its discovery, together with any proposed amendments to the proposed remediation scheme. The development shall then be carried out in accordance with the approved scheme and the applicant shall provide written verification that the remediation has been completed as approved, within 21 days of the approved scheme being completed.

In order to protect the health and safety of future occupiers and users of the site.

20 Prior to the commencement of the development, a detailed Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include:

1. Clear & unambiguous objectives to influence a lifestyle less dependent upon the private car;

2. A package of measures to encourage and facilitate less car dependent living; and,

3. A time bound programme of implementation.

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

Attention is drawn to the following justifications:

BE5 - Building Design and Siting 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 BE16 - Development in Conservation Areas BE17 - Design & Materials in Areas of Special Character or Historic Interest BE19 - Development affecting Listed Buildings GE17 - Rivers and Streams GE20 - Flood Defence

Attention is drawn to the following directives:

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

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

Site Location

LOCATION AND PROPOSAL

The application site comprises the former Industry Works (also known as Turner Works), which occupies land between Sylvester Street and Mary Street. It fronts Sylvester Street to the north and Mary Street to the south with Bernard Works lying

88 to the east and Sylvester House (Grade II Listed) and the Klaussners retail shed to the east across an existing access road. The existing buildings also extend over the Porter Brook, which runs in a northeasterly direction through the site.

The existing Industry Works is a series of predominantly two storey red brick buildings, which occupy almost the entire site area. It is currently vacant but was previously occupied in the 1980s for the metal trade. The surrounding area comprises a number of historic buildings interspersed with more recent developments. Along Sylvester Street, the existing units are of a relatively low scale with a number of single and two storey retail sheds rising up to the Grade II Listed Sylvester House, which comprises three substantial floors of accommodation adjacent to the application site. Immediately adjacent to the site on Mary Street is No.17, which is a three-storey red brick side gabled building.

The application site lies within the Cultural Industries Quarter and within the CIQ Conservation Area.

This is a full planning application proposing the demolition of the existing buildings and the construction of a new mixed-use development comprising commercial (B1) and café (A3) space on the ground floor with 64 residential apartments above in a flat roof block that extends up to five storeys in height with the third and fourth floor recessed and off-set from the main façade.

The ground floor comprises commercial floorspace for B1 office use extending to 819 square metres with a 57 square metre retail unit (A1) immediately adjacent to No.17. These two elements are separated by a walkway that provides access from Mary Street to the Porter Brook. The walkway is at ground level and runs beneath the building in a covered passageway that is bordered by glazed units to provide natural surveillance and a secure route. It is intended that the route will open up into the public space to be created by the adjacent Bernard Works development.

Fronting Sylvester Street (north elevation), the development effectively presents three storeys to the street as the fourth floor is recessed by 9 metres from the Sylvester Street façade and the fifth floor by 25.4 metres. This mechanism ensures that the eaves height of the new block is lower than the eaves height of the adjacent Listed building (Sylvester House).

The Mary Street elevation (south elevation) extends up to four storeys in height with a flat roof with the fourth storey marginally recessed by 0.5 metres and constructed in a contrasting and lighter material to reduce the visual massing. The principal eaves level to this elevation relates appropriately to the adjacent building at No.17 Mary Street with the fourth storey matching the ridge height of this building. The top storey is set back approximately 6 metres from the Mary Street façade and will not, therefore, be readily visible from the street.

The development extends from Sylvester Street to Mary Street with a thoroughfare in front of the proposed development (west elevation). Fronting this passageway the scheme is three storeys in height with the fourth storey set back by approximately 1metre from the main façade and the fifth storey by approximately 2

89 metres. This serves to create a sense of enclosure to this passage, which is appropriate to this route through the site.

The east elevation effectively forms the back of the site and adjoins the adjacent Bernard Works site. Bernard Works is also proposed for re-development by the applicant of this site and is to be considered at this Board meeting (06/01918/FUL).

The proposed development is of a contemporary design incorporating a variety of materials that are designed to both respect the character of the CIQ Conservation Area and ensure an innovative architectural approach. A significant proportion of the elevations will be constructed in facing brickwork, which is representative of the CIQ. The brick facades are interrupted by metal panels and metal balconies on the Mary Street and ‘alleyway’ elevations, which serve to provide visual interest to the elevations. Zinc cladding is proposed to the fourth floor with the top floor comprising a light glazed element. The ground floor area, which accommodates the commercial space, will be heavily glazed with aluminium frames.

RELEVANT PLANNING HISTORY

The only relevant planning history relates to the previous submission of an application in February 2006 for the redevelopment of this site:

06/00628/FUL Demolition of existing buildings, erection of 63 dwelling units and 2 commercial units (398 square metres) in a part-4, part 6-storey with lower ground floor car and cycle parking accommodation. Withdrawn: 30.5.2006

This application proposes the substantial redevelopment of the site in a four-storey block fronting Mary Street and Sylvester Street, stepping up to six storeys across the majority of the site with an unbroken roofline. The scheme was to be constructed in a mixture of red brick, timber panelling, aluminium framed glazing and slate roof. The application was withdrawn following a recommendation from officers that it would be refused on the grounds of the proposed balance of uses, inappropriate scale, form and massing, an unsatisfactory design and failure to address the opportunities presented by the Porter Brook, in addition to concerns about flood risk. Following the withdrawal of this application, the applicant appointed new architects to review the site potential and as a consequence, the current application was submitted.

06/00629/CAC Demolition of existing buildings Withdrawn 30.5.2006

SUMMARY OF REPRESENTATIONS

90 - Support the application and hope that something will be done regarding the poor quality of the road and pavement surfaces in the area.

In respect of the statutory consultation exercise the following key responses have been received:

English Heritage: No objections; advises that the application should be determined in accordance with national and local policy guidance.

PLANNING ASSESSMENT

This application represents the redevelopment of this prominent vacant site within the Cultural Industries Quarter (CIQ). The key issues to consider in the determination of this proposal include the following:

- Principle of development –Policy and Land Use; - Design, siting and massing - Relationship to the Porter Brook - Transport - Accessibility - Flood risk - Public Art

The Council is also required to consider representations made as a result of the consultation exercise.

Policy and Land Use

It is also relevant to note Policy IB9 and IB11 of the Unitary Development Plan, which seeks to limit development that would prejudice the dominance of business and industry in an area, and determines that residents should not be made to suffer unacceptable living conditions by way of noise, air pollution, or ground contamination. The intention of Policy IB9 is to ensure that such existing employment areas continue to provide employment and confirms that in industry and business areas, the preferred uses should effectively remain dominant. Policy IB11(c) states that “housing (C3), including redevelopment, will be permitted only where the development would not suffer from unacceptable living conditions, including air pollution, ground contamination, nearby hazardous installations, noise, other nuisance or risk to health and safety”. Policy IB11(a) states that “In Fringe Industry and Business Areas, residential institutions (C2) and housing (C3),

91 including redevelopment, will be permitted only where the development would not further constrain industrial or business development to protect the environment of the new housing”. If there were no likelihood of environmental problems caused to residents and no anticipated complaints of nuisance from residents of the new flats, then the proposal would be acceptable in terms of IB9(b), IB11(a) and IB11(c).

In this case, the application proposes 974 square metres (gross external) of commercial floorspace on the ground floor with 4550 square metres (gross external) of residential accommodation above, which provides a ratio of approximately 21% commercial to 79% residential. Clearly, in this proposal the employment element is not dominant and in this respect, the application fails to comply fully with the principles of IB9. However, in this case it is important to recognise that the existing commercial units have been vacant for some time and may not be suitable for modern commercial needs. It is also relevant that the redevelopment of this site offers a number of significant benefits, particularly in terms of opening up access to the Porter Brook (considered in the report below) and that this revised application represents a scheme of significant architectural quality and innovation that will enhance the character of the area. The site already adjoins existing student housing within Sylvester House and there is very limited commercial activity within the immediate vicinity of the site so the residential element of the scheme will not further constrain any industrial or business development.

On balance, taking the above mitigating factors into account and the basis that this proposal is viable and will result in the re-use of this site, the proposed level of commercial space is considered acceptable in this particular case. As such, the principle of development is considered acceptable in accordance with Policies IB6, IB9 and IB11 of the Unitary Development Plan.

Design, Siting and Massing

In the context of planning policy, Policy BE5 of the Unitary Development Plan 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. Within the Urban Design Compendium, the Cultural Industries Quarter is identified as a location to establish a cultural enclave where the principle of development is ‘repair’ and ‘recovery’ to enhance the existing character and activity of the area whilst embracing new development opportunities. It suggests that the appropriate scale of buildings will generally be 3-5 storeys with some scope for taller buildings at Howard Street and Granville Square.

This application represents a radically different design approach to the previous proposal for this site, which was withdrawn. This application presents a highly innovative design that has been the subject of extensively modelling and an assessment of long views to ensure that it is appropriate contextually to the surrounding area in scale, form and character. It is not higher than 5 storeys and in this respect, meets the objectives of the CIQ.

92 To Sylvester Street, the proposal has sought to address the scale and form of the adjacent Listed Building (Sylvester House). The vertical rhythm and proportions of Sylvester House is reflected in the elevation treatment, as is the horizontal brick detailing of Sylvester House, through the introduction of horizontal metal banding. Additionally, the eave height of the new block is directly comparable to the eaves of Sylvester House. The Sylvester Street elevation is constructed predominantly in red brick, which is characteristic of the locality, but is further articulated by the recessed window details and the introduction of metal balconies. The top two floors are sufficiently set back from this frontage to ensure that an appropriate relationship with Sylvester House.

Similarly, to Mary Street, the elevation has been designed to relate to the scale of the immediately adjacent building at No.17 and surrounding development with comparable eaves height and an appropriate relationship to the ridge height of the existing building. The architectural treatment is again a combination of brick and metal, which is appropriate both to the Conservation Area and to create a sense of industrial architecture, reflective of the history of the CIQ.

As part of the application process the applicants were required to demonstrate that the top floor would have no impact on long views across the CIQ and consequently, undertook extensive 3D modelling exercises. The top floor in particular is set back significantly from both street facades that it will not impact upon the streetscene. Furthermore, the long views confirm that it will not impact upon key views, in particular that from Charles Street to St Mary’s Church.

Impact upon the CIQ Conservation Area and adjacent Listed Building.

The application site lies within the CIQ Conservation Area and lies adjacent to the Grade II Listed Sylvester House. As such, its impact upon the character of the Conservation Area must be assessed. In the context of the Unitary Development Plan, Policy BE15 advises that developments that would harm the character or appearance of a Conservation Area will not be permitted. Policy BE16 determines that development in Conservation Areas must preserve or enhance the character or appearance of the Conservation Area whilst BE17 advises that within Conservation Areas, a high standard of design using traditional materials and a sensitive approach will be expected. With regard to the relationship to the adjacent Listed Building, Policy BE19 relates to development affecting the setting of a Listed Buildings and requires that it should preserve the character and appearance of the building and its setting.

A separate Conservation Area Consent application with regard to the demolition of the existing buildings has been submitted for this site, which is considered in the subsequent report. In essence, the existing buildings are not considered to be significant in the context of the Conservation Area and neither preserve or enhance

93 its character. As such, the construction of a modern high quality development will serve to improve upon the existing site buildings and enhance the character of the Conservation Area. Moreover, it is proposed to construct the development in a palette of materials that includes brick and zinc cladding to the elevations with extensive areas of glazing. This will provide an industrial feel to the development, which is appropriate to the CIQ Conservation Area. As such, it is concluded that the development will enhance the character of the Conservation Area in accordance with Policy BE16 and BE17 of the Unitary Development Plan.

With regard to the adjacent Listed Building, the proposed development has been designed to relate to the scale and proportions of the Grade II Listed Sylvester House and in this respect, will not affect the setting or appearance in accordance with Policy BE19.

Relationship to Porter Brook

The Porter Brook is identified in the Unitary Development Plan as an important waterway. Policy GE17 advises that the development will be permitted only where it would not cause damage to the waterway environment. It also encourages the re-opening of culverted watercourses where opportunities arise. With particular regard to the Porter Brook, the Council is currently working with the Environment Agency to develop opportunities to open up the Brook through the CIQ and re- opening previously culverted sections. Accordingly, any new development along the Porter Brook must seek to reflect the prospect of improving the Porter Brook and its banks and creating public access and viewing points. This site is unique in the locality in providing one of the few opportunities to open up access and viewing points on the Porter Brook. The scheme provides a public route through the building from Sylvester Street to a new bridging point across the Porter Brook, which will then provide access to the new public space to be created as part of the adjoining development at Bernard Works. The Bridge will also provide a new viewing point. Moreover, the scheme has been amended to introduce a chamfered corner to the ground floor pedestrian link to ensure that the public route is clear and visible. Accordingly, the proposal is considered to accord to Policy GE17 of the Unitary Development Plan.

Transport

The proposal is designed as a car free development on the basis that it is a highly accessible location within Sheffield City Centre and readily accessible to shops and services and to public transport. The application does provide secure parking for 70 cycles on the ground floor. Guideline 14 of the City Centre Living Strategy advises that residential developments that do not have car parking facilities will be acceptable in the City Centre although it will be expected to provide parking for disabled residents/visitors and residents cycle parking. It is acknowledged that the scheme does not provide any disabled car parking spaces but it is considered that given the limited street frontage of the site to Mary Street and Sylvester Street, the provision of disabled parking at ground floor level would result in a blank ground floor elevation and sterilise these key street frontages. It is considered that there is

94 the scope for disabled parking facilities within the locality of the site and as such, the provision of a car free housing scheme is acceptable in this instance.

Flood Risk

Noise

Accessibility

Green Roofs

The applicant has advised that Green Roofs will be incorporated on all roofs that are not used as terraces, details of which will be required by condition.

Public Art

A condition is proposed requesting further details of public art provision in association with the development.

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. The applicant has entered into a unilateral planning obligation and agreed to pay the Council the sum of £61,058.40 upon the commencement of development. The monies will be distributed in consultation with the relevant Area Panel.

RESPONSE TO REPRESENTATIONS

SUMMARY

The proposed development will result in the re-use of a currently vacant and unattractive site with a modern building of architectural merit that has been designed to correspond to the scale and form of the adjacent Listed Building and is constructed in materials that are appropriate to the CIQ Conservation Area. Additionally, the scheme will provide a mix of uses to add to the vitality of the CIQ and most significantly, will create a public route over the Porter Brook and contribute to the creation of a public route along the Brook. The application is therefore considered to be acceptable and complies with relevant policies as set out in the Sheffield Unitary Development Plan as detailed in the report above.

RECOMMENDATION

The application is recommended for approval subject to the conditions set out below and subject to a Planning Obligation under Section 106 with the following Heads of Terms:

1. The Owner shall pay to the Council on or before the first occupation of the development the sum of £61,058.40 to be used for the provision of open space in the locality of the site.

Case Number 06/02502/CAC

Application Type Conservation Area Consent Application

Proposal Demolition of buildings (Resubmission)

Location Development At Industry Works Site B Sylvester Gardens Sheffield S1 4RP

Date Received 03/07/2006

Team CITY CENTRE AND EAST

Applicant/Agent Washington Young LLP

Recommendation Grant Conditionally

Subject to:

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

In order to comply with the requirements of the Planning (Listed Buildings and Conservation Areas) Regulations 1990.

97 Attention is drawn to the following justifications:

BE16 - Development in Conservation Areas BE17 - Design & Materials in Areas of Special Character or Historic Interest

Site Location

LOCATION AND PROPOSAL

The application comprises the site of the former Industry Works, which occupies land between Sylvester Street and Mary Street within the Cultural Industries Quarter Conservation Area. It fronts Sylvester Street to the north and Mary Street to the south with Bernard Works lying to the east and Sylvester House (Listed) and the Klaussners retail shed to the east across an existing access road. The existing buildings also extend over the Porter Brook, which runs in a northeasterly direction through the site.

The existing Industry Works is a series of predominantly two storey red brick buildings. It is currently vacant but was previously occupied in the 1990s for the metal trade. The surrounding area comprises a number of historic buildings

99 interspersed with more recent developments. Along Sylvester Street, the existing units are of a relatively low scale with a number of single and two storey retail sheds rising up to the Grade II Listed Sylvester House, which comprises three substantial floors of accommodation adjacent to the application site. Along Mary Street, the scale of development varies between two and four storeys.

This is a Conservation Area Consent application for demolition of the former Industry Works, an unlisted building within the Conservation Area.

RELEVANT PLANNING HISTORY

There is no planning history relating to this property but it is relevant to note the concurrent planning application for the construction of a mixed use development comprising 4/5 storey block providing 64 apartments with ground floor commercial and retail use (resubmission) (06/02501/FUL), which is considered in the previous report.

SUMMARY OF REPRESENTATIONS

The application was advertised by way of site notice, press notice and neighbour notification. No comments were received in specific response to this application.

The following statutory responses were received:

English Heritage: No objections; advises that the application should be determined in accordance with national and local policy guidance.

The application is to be reported to the September meeting of the Conservation Advisory Group. Their comments will be reported directly to the Planning Board.

PLANNING ASSESSMENT

The application proposes the demolition of the existing Industry Works, a former industrial premises and yard that was last used for storage and ancillary offices in the 1990s. The premises extend across the site from Sylvester Street to Mary Street and are constructed predominantly in red brick with a metal roof.

The applicant has submitted a Conservation Area Statement, which seeks to justify the demolition of the existing buildings on the grounds that the current buildings are largely post-war industrial units that do not make a positive contribution to the Conservation Area and are of a construction, in terms of materials, that is not in keeping with the materials used on historic buildings. In essence, it is argued that the premises detract from the Conservation Area by virtue of its poor physical condition, prolonged period of vacancy and unexceptional architecture and are thus considered suitable for demolition and replacement with a new mixed-use building.

The key issue to consider in the determination of this proposal is the appropriateness of demolishing the existing building to enable the redevelopment of the site for the scheme submitted in application 06/02501/FUL.

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Planning Policy

Policy BE15 of the Unitary Development Plan relates to areas and buildings of Special Architectural and Historic Interest and notes that development that would harm the character or appearance of Conservation Areas will not be permitted. Policy BE16 relates specifically to development in Conservation Areas and advises that permission will only be grated for proposals that contain sufficient justification to enable their impact on the area to be judged acceptable and where it would preserve or enhance the special character or appearance of the Conservation Area. In Conservation Areas and Areas of Special Character, Policy BE17 advises that a high standard of design using traditional materials and a sensitive and flexible approach to the layout of buildings and roads will be expected for new buildings.

Also relevant to the determination of this application is PPG15 (Planning and the Historic Environment), which provides specific advice with regard to demolition in Conservation Areas. Paragraph 4.27 of PPG15 confirms that there is a general presumption in favour of retaining buildings that make a positive contribution to the character or appearance of a conservation area. As such, it is expected that proposals to demolish such buildings should be assessed against the same broad criteria as proposals to demolish listed buildings, which has regard to the condition of the buildings and cost of repair, the adequacy of efforts to retain the building and the merits of alternative proposals for the site. PPG15 then clarifies that in less clear-cut cases - for instance, where a building makes little or no such contribution - the local planning authority will need to have full information about what is proposed for the site after demolition. It advises that consent for demolition should not be given unless there are acceptable and detailed plans for any redevelopment. It has also been held that it is relevant to consider the merits of any proposed development in determining whether consent should be given for the demolition of an unlisted building in a conservation area.

Industry Works is a relatively unattractive collection of industrial buildings that are not considered to particularly enhance the character or appearance of the Conservation Area or make a significant contribution to it. As such, it is considered that the principal assessment in the determination of this application is whether there are any acceptable and detailed plans for redevelopment.

As detailed in the previous report, a full planning application has been submitted for the redevelopment of the Industry Works, which is considered to be a scheme of architectural merit that relates appropriately to the adjacent Listed Building and utilises materials that are of a quality appropriate to the Conservation Area. Thus, it is considered that the architectural quality of the proposal is sufficient in the context of the Cultural Industries Quarter Conservation Area and in relation to the setting of the adjacent Listed Building (Sylvester House). It is therefore considered to be in accordance with Policy BE16 and BE17 of the Unitary Development Plan and advice contained within Planning Policy Guidance Note 15 (Planning and the Historic Environment).

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RECOMMENDATION

The application is recommended for approval subject to the conditions.

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Case Number 06/02519/CHU

Application Type Planning Application for Change of Use

Proposal Use of dwelling as hot food takeaway (Class A5)

Location 78 Robin Lane Beighton Sheffield S20 1BD

Date Received 26/06/2006

Team CITY CENTRE AND EAST

Applicant/Agent John Box Associates

Recommendation Refuse

For the following reason(s):

1 Due to the size of the site and its relationship with adjoining properties it is considered that the proposal will adversely affect the amenities of adjoining residents due to noise, nuisance and cook odours and is therefore contrary to Unitary Development Plan Policy H14.

2 The applicant has failed to demonstrate that the alteration to the frontage of the premises will not be harmful to the visual amenities of the locality.

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Site Location

LOCATION AND PROPOSAL

The application site comprises of a two storey terraced house with a small front yard surrounded by a low brick wall and hedge. Immediately to the north and part of the same terrace there is a corner shop (grocers/newsagents, No 80/82), which occupies two former terraced houses. Immediately to the south and part of the same terrace are dwellings houses. Opposite the site and set back from the road frontage there is a joinery, to the north and on the opposite side of Robin Lane are one or two shops interspersed with dwellings and 70m to the south of the site and on the opposite side of Robin Lane there is a public house. The surrounding area has a residential character. Robin Lane has been traffic calmed by speed bumps; road narrowing and parking lay-bys have been provided. There is a parking lay-by adjacent to the application site.

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The application proposes changing the use of an existing dwelling house into a hot food takeaway. The accommodation at first floor level would be independent to the takeaway although the applicants have not indicated how this would be accessed. The proposed operating hours are 11.30am to 11.00pm Monday to Saturday and 4pm to 10.30pm on Sundays. The door to the shop is indicated as being within the frontage of the adjacent shop whilst the existing door to the house is shown as being bricked up. A two metre high wall is to be constructed along the southern and western side of the forecourt of the house to separate it from the adjacent dwelling. A flue is shown located on the rear elevation adjacent to the corner shop.

RELEVANT PLANNING HISTORY

Planning permission was granted for the use of No 78 as an extension to the existing shop with single storey rear extension and fire escape in February 2002, application No 01/10536/CHU

SUMMARY OF REPRESENTATIONS

A petition has been received in support of the proposal which was submitted by the applicant has been received. It is signed by 347 people and is in support of a fish and chip shop at No 78, which it says, will benefit the community in many ways. A letter in support of the proposal has also been received stating the property has been empty for five years and that customers will be able to shop and then get something to eat in the takeaway next door.

A petition against the proposal has been received which has been signed by 83 people. No reasons for objecting are given. 12 individual letters and e-mails have been received objecting to the application two of these are from Councillors Mirfin- Boukouris and Rosling -Josephs and one from Clive Betts MP. The grounds of objection are as follows.

− The existing parking problems caused by the shop and other uses will be worsened by the proposal. Delivery vehicles already parking on the footpath and there is congestion around the junction. Visitors will park in dangerous places and this will be a danger to pedestrians. − There will be increased disturbance due to banging car doors, car radios and antisocial behaviour. Youths already congregate on the forecourt of the shop and anti-social behaviour occurs. The shop is already open for long hours and this will further extend the disturbance. Members of the household who immediately adjoin the site have to get up particularly early for work. The operators will want to extend the opening hours to attract the pub trade. − Neighbours will be affected by odour problems. − Increased litter will be a problem. − There are already plenty of takeaways in the locality. − The proposal will be a fire hazard.

105 − The existing property is poorly maintained and affects the immediate neighbours and the proposal will devalue property. This is not a planning issue.

PLANNING ASSESSMENT

Policy Issues.

The application site lies in a residential area. Housing is the preferred use although food and drink uses are acceptable in principle, Policy H10. Policy H14 states that non housing uses will be permitted provided that they do not lead to excessive traffic, noise, smell, are of a scale appropriate to the residential area or meet local needs. The development is of a scale appropriate to the area and will primarily meet local needs. The impact on the amenity of the area is considered in more detail below.

Amenity Issues.

The application site is located within a fairly quiet residential area. Robin Lane carries a reasonable amount of traffic but in the evenings there is less traffic and the only evening uses are the shop at the corner of Robin lane and Victoria Road and The Fox Public House. The public house is separated from the site by 70m and is free standing within its own curtilage with off road parking. Consequently its amenity impact on the site will not be great.

The existing corner shop is open between the hours of 5am until 9-10pm every day. It is clear from the representations that this causes some disturbance to local residents. However it is likely in the evenings that the activity associated with the use will reduce and the area will become quieter.

The application site is a small terrace house and directly adjoins similar small terraced dwellings. Given the size of the property comings and goings associated with the takeaway use will take place very close to the existing dwellings. The evening period and around pub closing time are likely to be the busy periods for the takeaway use when the general activity in the area is at its lowest. Takeaways inevitably attract groups of young people and rowdy customers around pub closing time. Given the proximity of the site to existing dwellings and the likelihood that parking will take place outside adjoining dwellings it is considered that there will be significant noise disturbance and nuisance for residents who live immediately next to the site. This is likely to result from raised voices, car engines revving, car doors being slammed and noisy car radios. The 2m wall proposed around the front of the premises is unlikely to resolve this problem.

Takeaways are generally more appropriate in shopping parades where there is greater separation form residential properties and parking car take place in front of the other shops rather than in front of houses.

Despite the improved efficiency of modern fume extraction units the surrounding properties are still likely to be affected by residual odours. This is particularly a concern in this case given the dense urban nature of the surrounding housing and

106 the proximity of the nearest houses to the site including the first floor flat that is to be used independently.

Permission has already been granted for the use of the ground floor of number 78 as a shop (01/10536/CHU). This permission was however an extension of the existing shop at No78-80. Given this it would have allowed the existing shop to stock a greater range of goods but would not have necessarily significantly increased the activity at the site. In addition the use would have likely to have the same characteristics as the existing use and in your officers judgement cause significantly less disturbance and nuisance than a takeaway use. The extension was also accessed via the existing shop door at the corner of Robin Lane and Victoria Road therefore providing greater separation between the activity and local residents.

Highway Issues.

Given residents concerns about the on street parking highway officers have visited the site both during the day and in the evening when most residents should be home from work. On both occasions there were plenty of spaces free in the parking lay-by and vicinity of the site such that the additional parking associated with a takeaway use would not have resulted in any significant traffic or pedestrian safety issues.

Design Issues.

The applicants have not submitted any details of the alterations to the front elevation showing how the building will be altered to accommodate the new door opening, associated signage and the boundary treatment. It is not clear how this could be achieve in a way this would be visually satisfactory. No details have been provided of how the first floor flat will be accessed. However with the previous application the first floor was to be used as an extension to the existing flat above No 80/82 and was to be accessed through those properties.

RESPONSE TO REPRESENTATIONS

Planning inspectors have usually found that concerns about litter have not been sufficient basis for resisting an application for a takeaway as local authorities have other powers to deal with litter.

There is no reason why this particular takeaway should be a special fire hazard.

The availability of takeaways in the locality is not a reason for resisting this proposal, as the takeaways are in principle acceptable in residential areas.

The maintenance of the adjoining property is not a planning issue.

SUMMARY AND RECOMMENDATION

The proposal is acceptable in principle in policy terms and the additional parking generated by the proposal should not result in any significant traffic or pedestrian

107 safety concerns. However it is considered that given the size of the site, its relationship with adjoining residential properties the use is likely to cause significant disturbance to adjoining residents through noise, nuisance and odours. It is considered that the benefit of providing an additional takeaway to serve local needs does not outweigh these considerations. Therefore it is recommended that planning permission be refused.

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Case Number 06/02585/FUL

Application Type A Full Planning Application

Proposal Alterations to building to form 3 No. apartments (resubmission)

Location 57 Wilkinson Street Sheffield S10 2GJ

Date Received 03/07/2006

Team SOUTH

Applicant/Agent Coda Studios Ltd

Recommendation Grant Conditionally

Subject to:

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

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

2 Before the development is commenced, full details of suitable and sufficient off street car parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority and the apartments/flats shall not be used unless such car parking accommodation has been provided in accordance with the approved plans and thereafter such car parking accommodation shall be retained for the sole use of the development hereby permitted.

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

3 Before the development is commenced, full details of suitable and sufficient cycle parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority. The apartments/flats shall not be used unless such cycle parking has been provided in accordance with the approved plans and, thereafter, such cycle parking accommodation shall be retained.

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

4 Details of all proposed external materials and finishes, including windows, shall be submitted to and approved in writing by the Local Planning

109 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.

5 Before any work on site is commenced, a landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The scheme shall be carried out in accordance with the approved details within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority. When the above-mentioned landscaping has been carried out, thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.

In the interests of the amenities of the locality.

6 The apartments/flats shall not be occupied unless a scheme of sound insulation measures have been implemented between the apartments/flats, details of which shall have been submitted to and approved in writing by the Local Planning Authority prior to the scheme being implemented. Thereafter the approved scheme of sound insulation measures shall be retained.

In order to protect the amenities and living conditions of the future occupants of the proposed apartments/flats.

7 Before work on site is commenced, a detailed layout plan shall be submitted to and approved in writing by the Local Planning Authority showing partial re-instatement of the front boundary and landscaping. Thereafter, the approved details/works shall be implemented prior to the proposed apartments/flats being occupied (unless otherwise agreed in writing by the Local Planning Authority).

In order to ensure an appropriate quality of development.

8 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:

Windows Window reveals Doors Brickwork Balconies Handrails Gutterings and downpipes etc.

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

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In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

H5 - Flats, Bed-sitters and Shared Housing MU6 - Hanover Mixed Use Area MU11 - Conditions on Development in Mixed Use Area BE16 - Development in Conservation Areas

Attention is drawn to the following directives:

1. It is noted that your planning application involves the construction or alteration of an access crossing to a highway maintained at public expense.

T his planning permission DOES NOT automatically permit the layout or construction of the access crossing in question, this being a matter which is covered by Section 184 of the Highways Act 1980, and dealt with by:

Assistant Head of Highways Development Services Howden House 1 Union Street Sheffield S1 2SH

For access crossing approval you should contact the Highway Development Control Section of Sheffield City Council on Sheffield (0114) 2736136, quoting your planning permission reference number.

111 at an early stage may result in statutory undertakers refusing to connect services.

Site Location

PROPOSAL AND SITE DESCRIPTION

This application is a resubmission of a previously withdrawn scheme (reference 06/00606/FUL) for internal and external alterations to an existing semi-detached dwelling to create 3 self-contained flats.

The application site is located at 57 Wilkinson Street, which, is within the Hanover Conservation Area and also within a Mixed Use Area (as defined in the Sheffield Unitary Development Plan). The two-storey property is constructed of red brick with a slate roof and incorporates some traditional features such as a full height front bay window and ornate detailing around the main front entrance. Despite the

112 original features, the property is in a poor state of repair, has a completely overgrown front garden and is in need of refurbishment.

The proposal is to convert the single dwelling into three separate self-contained apartments/flats. This will be achieved by creating a double-bedroom self- contained apartment in the basement, a further two double-bedroom apartment on the ground floor and a further two double-bedroom apartment on the first and attic floor levels. Each of the apartments would be completely self-contained having a kitchen/living space, separate bathrooms and separate bedrooms. It is proposed to create the main entrance access at the front of the building with an internal lobby and staircase allowing direct access to the apartments.

The proposal will also involve excavation works in the rear garden area in order to expose the basement level where new openings would be created onto a new lower level patio area. A vehicle hardstanding area (for two parking bays) is being proposed in the front garden area.

The property is located within a Mixed Use Area and also within the Hanover Conservation Area. The main characteristic of the area is that of large well established houses many of which have retained the appearance of a residential property but are in fact used as offices or small businesses.

RELEVANT PLANNING HISTORY

85/02469/FUL – This was an application for use of dwelling as offices. This application was refused on the 28th May 1986.

87/00174/LBC – This was an application for the demolition and rebuilding of gable wall and alteration to boundary wall at eastern boundary of the site. This application was refused by the Local Planning Authority on the 9th January 1987 but then, subsequently allowed on Appeal on the 14th March 1988.

87/00176/FUL – This was an application for alteration to premises to form offices and provision of car parking accommodation. This application was refused by the Local Planning Authority on the 9th January 1987 but then, subsequently allowed on Appeal on the 14th March 1988. 06/00606/FUL – This was an application for alterations to premises to form three separate self-contained apartments/flats. This application was withdrawn on the 16th May 2006.

SUMMARY OF REPRESENTATIONS

One letter of representation has been received in response to this application. The representation raises an objection to the proposal on the basis that the area already experiences problems with parking and that the proposed development will lead to an increase in on-street parking and traffic congestion.

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PLANNING APPRAISAL

Policy Issues

Because the proposal is for flats, and, because the site is located both within a Mixed Use Policy Area (as defined in the Sheffield Unitary Development Plan) and the Hanover Conservation Area, it is considered that policies H5 (Flats, Bed-sitters and Shared Housing), MU6 (Hanover Mixed Use Area), MU11 (Conditions on Development in Mixed Use Areas) and BE16 (Development in Conservation Areas) will all be applicable in this instance.

Policy MU6 of the Development Plan identifies Housing as being a preferred use, and therefore, as the proposal is for residential flats (a form of housing), it is considered that the proposal accords with this policy.

Policy MU11 deals with the conditions on development in mixed use areas. This policy seeks to ensure that residents do not suffer from unacceptable living conditions and that the character of the area is preserved and, that the development is well designed.

Policy H5 of the Development Plan relates to flats, bed-sitters and shared housing. This policy stipulates that planning permission will be granted for the creation of flats’ bed-sitters and multiple sharing of houses only if:-

− a concentration of these uses would not cause serious nuisance to existing residents;

− living conditions would be satisfactory for occupants of the accommodation and for their immediate neighbours; and

− there would be appropriate off-street car parking for the needs of the people living there.

Policy BE16 of the Development Plan relates to developments located within Conservation Areas. This policy supports the need for detailed information for developments in such an area, and also, seeks to ensure that only those developments that preserve or enhance the character of the conservation area are allowed. Highway Issues

There is no enclosure or boundary wall at the front of the property and therefore, the applicant has identified the front forecourt/garden area to be the space used for off-street car parking (with 2 parking bays shown).

The number of off-street parking spaces proposed by the applicant falls short of the Unitary Development Plan maximum guideline (3 spaces), however, the location of the site is close to the city centre and the shortfall in parking is not felt to be a significant concern. Indeed, it is considered that the very open frontage that would otherwise be created by having more than two parking bays would have a negative

114 visual impact on the street scene, and therefore, with fewer spaces being provided, there is scope fore some partial boundary walling to be re-instated and/or some landscaping being provided at the front of the property which would be visually more attractive and a reasonable compromise. Notwithstanding the submitted details, it is felt appropriate to impose a planning condition requiring a detailed layout plan to be submitted showing the parking layout, partial rebuilding of the front boundary wall and additional landscaping at the front of the property.

Impact on Residential Amenities

The adjacent property 53 Wilkinson Street occupies a corner position with Brunswick Street, this property does have some windows that face toward the application site causing some overlooking, however, it is felt that the proposal will be no different from the existing situation.

With regard to this application, in terms of the living conditions for the future occupiers of the proposed basement flat, the applicant has addressed the previously raised concerns i.e. the proposed basement windows/openings at the rear of the property now have a much-improved outlook and more natural light entering the basement accommodation.

It is felt that none of the neighbours are likely to be detrimentally affected by the proposal other than possibly more comings and goings from the premises.

Design Issues

The site lies within the Hanover Conservation Area and therefore design issues are considered to be a material element of the proposal. It is felt that because the main focus of works (i.e. garden excavation) takes place at the rear of the property, there is no real impact on either the street scene or the conservation area. At present, the property as a whole is in a state of disrepair and has a very overgrown front garden area. It could be argued therefore that the property at present is harmful to the street scene and to the conservation area. The tidying-up of the property and front garden area should have a positive impact on the conservation area.

SUMMARY AND RECOMMENDATION

This proposal represents an acceptable use in a mixed-use area. The alterations proposed (excavation of rear garden and new entrance steps at the front of the property) together with some hard and soft landscaping will be of benefit to the whole development and will only have a beneficial impact on the Hanover Conservation Area. The proposal is unlikely to harm the living conditions of other nearby residents or the living conditions of the future occupiers of the apartments/flats. The proposal does not raise any highway safety issues and generally accords with the Unitary Development Plan. For the reasons outlined above, it is considered that on balance, the proposal represents an acceptable scheme and therefore, it is recommended that this proposal be conditionally approved.

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Case Number 06/02619/FUL

Application Type A Full Planning Application

Proposal Erection of 102 residential units and associated landscaping (Amended plans 2312.05.200C, 200A, 272B, 273A, 224A, 275A, 100B, 700A, 302, 301, 300, 1008/1A, 04-362-2000A)

Location Land Opposite 134 To 180 St Georges Close Sheffield

Date Received 29/06/2006

Team CITY CENTRE AND EAST

Applicant/Agent Turley Associates

Recommendation Grant Conditional subject to the Completion of a Legal Agreement

Subject to:

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

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

2 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 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

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Highway Improvements:

Resurfacing and lighting improvements of the footway to St. Georges' Close adjoining the site and the footpath adjoining Netherthorpe Road in accordance with the secondary palatte in the Urban Design Compendium.

Re-landscaping of the landscape area between Netherthorpe Road and the application site

In the interests of pedestrian safety, improving the pedestrian environment and enhancing the visual amenities of the locality.

4 Prior to the commencement of the development, a detailed Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include:

1. Clear & unambiguous objectives to influence a lifestyle less dependent upon the private car;

2. A package of measures to encourage and facilitate less car dependent living; and,

3. A time bound programme of implementation.

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

5 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.

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

117 shall be used for the sole purpose intended in all instances and be properly maintained.

In the interests of the safety of road users.

7 Before any work on site is commenced, a landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The scheme shall be carried out in accordance with the approved details within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority. When the above-mentioned landscaping has been carried out, thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced in accordance with the approved details unless otherwise authorised in writing.

In the interests of the visual amenities of the locality.

8 Before any development commences a scheme assessing the feasibility of incorporating the sustainability measures outlined in the Environmental Strategy shall be submitted to and approved by the Local Planning Authority. The scheme shall include full details of the measures to be adopted in the development and the approved scheme shall be implemented before the flats are occupied and thereafter permanently retained.

In the interests of encouraging sustainable development and in accordance with the planning brief for the site.

9 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: Bedrooms: LAeq 15 minutes - 35 dB (2300 to 0700 hours), Living Rooms: Laeq 15 minutes - 45 dB (0700 to 2300 hours),

c) Include a system of mechanical acoustically treated ventilation to all habitable rooms,

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

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

118 10 Before the use of the development is commenced, a Validation Test of the sound attenuation works shall have been carried out and the results submitted to and approved by the Local Planning Authority. Such Validation Test shall:

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

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

11 No externally mounted plant or equipment for heating, cooling or ventilation purposes, nor grilles, ducts, vents for similar internal equipment, shall be fitted to the building unless full details thereof have first been submitted to and approved by the Local Planning Authority, and once installed such plant or equipment should not be altered without prior written approval of the Local Planning Authority.

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

12 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:

Reveals Windows Doors Eaves and verges Balconies Entrance Cladding panel pattern Boundary treatment

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

In order to ensure an appropriate quality of development.

13 No buildings/structures shall be erected within 3 metres of 300 metre and 4 metres of 400 x 600 metre sewer.

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To ensure satisfactory drainage arrangements.

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

To ensure satisfactory drainage arrangements.

15 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.

16 No piped discharge of surface water from the application site shall take place until surface water drainage works including off-site works have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

17 Prior to being discharged into any watercourse, surface water sewer or soakaway system all surface water drainage from parking areas and hardstandings shall be passed through a petrol/oil interceptor designed and constructed in accordance with details to be approved in writing by the Local Planning Authority.

To prevent pollution of the Water Environment.

18 Surface water discharge from the completed development site shall be restricted to a maximum flow rate of 5 litres per second per hectare. Before the development is occupied written confirmation shall be given to the Local Planning Authority that the necessary equipment has been installed on site to achieve the required restricted rate of discharge.

In order to mitigate against the risk of flooding.

19 Before the development commences an assessment of the impact of the development on TV reception for the adjacent maisonettes, along with a schedule of works to address any problems caused by the development shall be submitted and approved by the Local Planning Authority. The approved works shall be implemented in accordance with a timescale to be agreed by the Local Planning Authority.

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

20 The car park shall not be used unless 2.0 metres x 2.0 metres vehicle/pedestrian intervisibility splays have been provided on both sides of the means of access such that there is no obstruction to visibility greater

120 than 600 mm above the level of the adjacent footway and such splays shall thereafter be retained.

In the interests of the safety of road users.

21 Before any development is commenced details of the following matters shall be submitted to and approved by the Local Planning Authority. Thereafter the approved details shall be implemented before the flats are occupied.

− Public Art − Seating and pergola − Car park grills − The location and extent at the green wall planting

In the interests of the amenities of the locality.

22 Before the development is commenced a Phase 2 Risk Assessment, to characterize the contamination on site and propose a remediation scheme to ensure safe redevelopment, shall have been submitted to and approved in writing by the Local Planning Authority. Should any previously unsuspected contamination be encountered during the development, the Local Planning Authority shall be notified within one working day of its discovery, together with any proposed amendments to the proposed remediation scheme. The development shall then be carried out in accordance with the approved scheme and the applicant shall provide written verification that the remediation has been completed as approved, within 21 days of the approved scheme being completed.

In order to protect the health and safety of future occupiers and users of the site.

23 A minimum of 25% of the units shall be designed to mobility standards as set out in the Council's Supplementary Planning Guidance.

To ensure that sufficient housing is available for people with mobility impairment and in accordance with the Unitary Development Plan Policy H7.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas LR7 - Development of Recreation Space for Non-Recreational Uses LR5 - Development in Open Space Areas H16 - Open Space in New Housing Developments

121 This informative is intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report by contacting the Planning Records section on 2734215 or by visiting Sheffield City Council's website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

Attention is drawn to the following directives:

1. As the proposed development will involve the closing/diversion of a footpath(s) you are advised to contact the Director of Legal and Administrative Services, Town Hall, Sheffield, S1 2HH, as soon as possible with a view to the necessary authority being obtained for the closure/diversion of the footpath(s) under Section 257 of the Town and country Planning Act 1990.

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 development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services.The applicant is advised that noise and vibration from demolition and construction sites can be controlled by Sheffield City Council under Section 60 of the Control of Pollution Act 1974. As a general rule, where residential occupiers are likely to be affected, it is expected that noisy works of demolition and construction will be carried out during normal working hours, i.e. 0800 to 1800 hours Monday to Friday, and 0800 to 1300 hours on Saturdays with no working on Sundays or Public Holidays. Further advice, including a copy of the Council's Code of Practice for Minimising Nuisance from Construction and Demolition Sites is available from the Environmental Protection Service, 2 -10 Carbrook Hall Road, Sheffield, S9 2DB: tel. 0114 2734651.

4. The applicant is advised that full structural calculations of all walls that will be supporting the highway will need to be submitted to and approved by the Highway Authority.

122 Site Location

LOCATION AND PROPOSAL

The application site is triangular shaped and lies between St. George’s Close and Netherthorpe Road. Garages and landscaping that was ancillary to the now demolished St. Georges’s Close flats previously occupied the site. It is currently being used as part of the contractors compound for the St. Georges close student and private housing scheme.

The site slopes from south to north. To the south there is a terrace of 3 storey maisonettes that face north. To the west are three blocks of student and private apartments under construction, these are designed around courtyards and are up to 8 storeys high. To the south and west is Netherthorpe Road and on the west side of Netherthorpe Road are 3 council tower blocks that are 15 storeys high.

123 The application is for a stepped residential block that rises from 5 storeys at the southern end of the site to 10 storeys at the northern end. It is quadrant shaped and presents a curved façade to Netherthorpe Road. The semi basement accommodates 23 parking spaces and the upper floors provide 70 studio flats, 18 one-bed apartments and 14 two-bed apartments all of which will be for sale. The development is intended to provide starter accommodation for residents new to the property ladder. The pedestrian and vehicular entrances will be taken from St. George’s Close.

The southern and eastern elevations facing the maisonettes and the student accommodation are faced in brickwork and aluminium curtain wall glazing. Both elevations incorporate a high proportion of glazing and Juliet balconies. The northern and western elevations are designed as a more solid curved wall faced in zinc cladding and incorporating punched ribbon windows. Landscaping works including a small terraced amenity space are proposed at the south end of the building and along part of the Netherthorpe Road frontage.

SUMMARY OF REPRESENTATIONS

One objection has been received form Councillor Leek on the grounds of overdevelopment, overbearing impact on adjoining residents, lack of parking, impact on the character of the existing community and TV reception.

PLANNING ASSESSMENT

Policy Issues.

In the Unitary Development Plan the site lies in a housing policy area. Therefore housing is the preferred use. Approximately half of the site was open space/landscaping ancillary to the now demolished St. George’s Close flats. It consisted of a small mown grass area containing one or two trees. The site has now been cleared as part of the wider St. Georges Close development and cannot be considered to be recreational space (Unitary Development Plan Policy LR8). Its development would also not be contrary to the criteria in Policy LR5, which establishes guidelines for the development of open space. The brief for the site, see below, shows the site being developed for a new residential block. It also states that much of the open space within the original Council flat scheme appears as left over land with no clear ownership.

In the St. Vincent’s Action Plan the site lies in an existing housing area. The redevelopment of the St. Georges Close housing site, which includes the application site, is identified as one of the major projects in the Plan. It advises that the architecture of the scheme should be bold and contemporary; it should be 4-5 storeys with possibly some higher density apartments. A strong and high quality frontage is promoted to Netherthorpe Road.

The St. George’s Close planning brief was prepared in 2004 to guide the development of the wider area including the application site. It encourages the introduction of private housing in order to create a vibrant community, and also promotes low levels of car parking provision along with contemporary and energy

124 efficient design. The application site is specifically identified as the location for a landmark tower rising to 8 storeys in a stepped format. It suggest that south facing balconies could be provided to take advantage of the orientation and under croft parking be provided.

Design Issues

The scheme is generally consistent with the brief in that the form of development responses to the existing street pattern that surrounds the site. It also takes the from of a tower that steps up from the lower rise housing to the south with south facing balconies exploiting the buildings orientation. A medium sized tower is considered appropriate in this location as a marker building on this prominent site but not one of the larger scale towers that have been granted consent on key gateway sites into the City Centre. It will be viewed in the context of the 15 storey towers on the opposite side of the ring road, the adjacent student development up to 8 storeys high, the three-storey housing to the north and the taller buildings such at the Arts Tower clustered around the Brook Hill roundabout. Although the building is two storeys higher than proposed in the brief this reflects the increased scale agreed as part of the St. George’s Close student/private development and the need to maintain some distinction between the two. This scheme at two storeys higher will ensure it stands out as a marker building without dominating its surroundings. An analysis of key views of the site with the proposed building superimposed has been undertaken. This shows that the building will sit comfortably in its context.

The building is designed so that it forms a dramatic prow at the north tip of the site and presents a curved façade to the Netherthorpe Road elevation, which would act as a barrier to traffic noise. The curved more solid façade facing the ring road responds to its context by creating a barrier to traffic noise. The massing of the building is broken down by the stepped building form and by varying the treatment of the elevations. That is, some elements are more solid in appearance, being faced in zinc cladding and masonry, whilst other elements have a lighter appearance being predominantly glazed.

The shape and form of the building will mean that it is visually interesting. Particularly the stepped form and curved elevation facing Netherthorpe Road. The contrast between the more solid elements and the predominately-glazed facades will be dramatic. Further visual interest will be provided by balconies, articulation in the building façade, deep reveals to the fully glazed openings and the green trellises that will cascade between the stepped balconies.

The contemporary design and use of a limited pallet of traditional and modern materials are consistent with the brief. The proposed facing materials are considered to be appropriate for this site. Overall the design quality is considered to be of a good standard and it should result in a distinctive marker tower in this prominent location.

125

Access Issues.

The highway network can adequately accommodate the additional traffic generated by this development, which is likely to be relatively small given that only 23 parking spaces are proposed.

The site is particularly accessible as its is close to City Centre shops and services, the Netherthorpe Road supertram stop (just over 100m), frequent bus services on Brook Hill and Broad Lane. Therefore the provision of a development with a significant car free element is to be welcomed.

A draft travel plan has been submitted in order to reduce the transport impact of the proposal. This is considered to be satisfactory and a condition is proposed to ensure a detailed travel plan is submitted and implemented.

In order to accommodate the building on the site a small re-routing of the footpath that runs parallel to Netherthorpe Road is proposed. This will straighten out the route but will not make it anymore inconvenient or unattractive for users. The development will enclose the path more as the site was previously low-rise garages and landscaping. However it will enhance the natural surveillance of the path, which should benefit public safety.

Amenity Issues.

The main issue of concern is the impact of the proposal on the 3 storey maisonettes situated immediately to the south of the site. The new building will be located 19.5m from the north facing façade of the maisonettes. At its nearest point the building is 5 storeys high, it then steps back a further 10m before rising to 6/7 storeys and a further 5m before rising to 7/9 storeys. The existing maisonettes contain one-bedroom flats on the ground floor with an entrance door and small kitchen window on the north facing elevation. 3-bedroom flats occupy the first and second floors; the windows on the north elevation serve a small kitchen, bathroom, landing and the second bedroom. The bedroom window in located on the 2nd floor. The living room and main bedroom windows are located on the south side of the maisonettes facing away from the development.

As the new building is located to the north of the maisonettes it should not have a significant impact on natural light or sunlight. It will however result in the loss of the open aspect to the north. However there is no right to a view in planning terms and the more important consideration is whether the building will appear excessively overbearing or dominating. It is the 5-storey element that will have the most impact on the outlook from the flats and from ground floor level. Because the upper floors are set back significantly they will be less dominant, particularly from ground level. In the city centre streets are frequently narrower that 19.5m (14m might be more typical) and it is not exceptional to have an outlook from residential accommodation across a street onto a five-storey building. Given this and the fact that the main habitable windows to the maisonettes are located on the south elevation it is considered that the proposal would not have an unacceptable overbearing impact on the occupiers of these properties.

126

The impact of the development on the student accommodation under construction on the east side of St. George’s Close will be greater than the impact on the existing maisonettes. This is because the buildings will be 14m apart; study bedrooms face the application site and the building rises to its full height opposite the student accommodation. Whilst the relationships between the two buildings is not ideal in terms of its amenity impact and creating a canyon feel to a small section of the street it is not considered to be so bad as to be unacceptable. This is because the building steps up and for a significant part of its length it is of a similar scale to the 6-storey student flats opposite. In addition the new building needs to be of a larger scale in order to be distinct from the adjoining buildings and achieve its landmark function. A substantial part of the elevation facing the flats is fully glazed and this will result in a lighter weight, more welcoming and less dominant building. Given these considerations the impact on the proposed student accommodation and degree of street enclosure is considered to be acceptable.

Landscape/Amenity Space/sustainability Issues.

Most of the application site is occupied by the building however a small external seating area with associated landscaping is being provided adjacent to the existing maisonettes adjoining the southern boundary. Whilst this area is affected by road traffic noise it is positioned approximately 2m below road level, which should provide some relief from the traffic noise. An additional narrow band of landscaping is proposed along the Netherthorpe Road frontage adjacent to the public footpath, which will improve the setting of the development. The applicants are proposing green wall planting on the elevated terraces where the building steps up to its highest point. This will consist of a framework of high tensile steel cables, which are attached to the exterior of the building. Climbers will be planted in irrigated planters and use the wire framework to form a dense cover of vegetation. This landscaping will soften the appearance of the building and form an attractive feature of the building.

Given that this is a small site there are limited opportunities to provide open space within the site. However it has been possible to provide some of the south facing units on the tiered section of the building with generous terraces and the some of the other units with smaller balconies.

There is a need to improve open space in the locality and therefore a contribution to enhance open space facilities to meet the needs of the residents is required by policy H16. This equates to £94,914.50, which has been secured by a planning obligation. This is likely to be used to enhance open space facilities in the St. Vincent’s Quarter and the Area Panel will be consulted regarding the appropriate location for spending the money.

The application site is in a sustainable location, highly accessible by public transport and has reduced parking provision. The building has been designed with larger areas of glazing located on the southern and eastern elevation to take advantage of radiant heat whilst those windows on the north western elevation are smaller to reduce heat loss and improve acoustic performance in response to the shadier and noisier environment. The applicants have agreed to provide a green

127 roof system using Sedum species. Green roofs and walls can contribute to reducing the amount of storm water run off and enhance local biodiversity.

In addition to the above the applicants have advised that where practical materials will be sourced from sustainable renewable sources, the levels of thermal insulation will exceed approved standards and energy efficient boilers will be used. Low energy lighting will be adopted within circulation areas where practical and lighting sensors/controls will be utilised in common areas. Where white goods are provided as part of the apartment fit out these will be to A energy rating. The bulk of the accommodation is in studios, which will be fitted with showers so water usage will be minimised. The applicants have also said they will further investigate, solar evacuated tubes to provide partially heated water for the building, photovoltaic cells for the conversion of solar power to electricity, wind turbines to contribute to communal energy within circulation areas and external lighting, the option of tapping into the combined heat and power main that runs adjacent to the site and rainwater collection/storage for irrigation/toilet flushing. A condition is proposed requiring further details of the sustainability issues to be submitted for approval.

Warden Scheme.

The St. Vincent’s Action Plan promotes the expansion of the NUCA (now Sheffield Homes) warden scheme, as drug abuse and prostitution are a major concern in the area. It states that developer contributions will be required initially from all new housing schemes in the form of a single financial contribution. For other schemes in the area this has been calculated on the basis of £200 contribution per flat. In this case this results in a total contribution of £20,400 which the applicant has agreed to. This contribution is to be secured by a unilateral planning obligation.

Noise.

The applicants have carried out a noise assessment given the proximity of the site to Netherthorpe Road. This shows that the site lies within Noise Exposure Category C during the day and B/C at night. With NEC B sites noise should be taken into account and appropriate conditions attached. Planning permission should not normally be granted for housing on NEC C sites unless there are other planning reasons, which outweigh the noise issues. Conditions should be imposed to ensure an appropriate level of noise protection.

The applicant’s have put forward noise attenuation proposals that should adequately protect the occupants against noise provided the windows to the flats are kept closed. A condition is also proposed to ensure that a system of mechanical ventilation is provided so that the flats can be adequately ventilated without opening the windows.

Although the site lies in a Noise Exposure Category C this is a part of a site that the Council has been promoting for housing in order to assist in the regeneration of the area. It will also introduce more private apartments into the area, which will help to create a more balanced community and will hopefully assist in the long-

128 term regeneration of the area. These benefits are considered to out weigh concerns about the noise climate.

Archaeology.

A desktop survey was carried out for a larger site which including the application site. Trail trenching was undertaking as part of the larger St. Georges Close student/private development. As nothing of interest turned up it is considered unnecessary for further archaeological work to be carried on this site.

RESPONSE TO REPRESENTATIONS

The amenity impact and the parking issues are assessed in the report above. Whilst the site is being densely developed this is in order to create a marker building on this prominent site, which demands a certain scale of development and is in response to the guidance in the planning brief. The scale of building is considered to be appropriate to the site, it will not have an unacceptable impact on neighbours, the car parking levels are appropriate to the location and provision for amenity space, whilst limited, is acceptable. Given this it is concluded that the proposal does not represent over development.

It is acknowledged that the development may have an impact on TV reception. A planning condition is therefore proposed requiring this issue to be assessed and remedial measures to be put forward if appropriate prior to the development commencing.

SUMMARY AND RECOMMENDATION

The proposed development is supported by the development plan and consistent with the planning guidance for this site. It will result in a good quality marker building in this prominent location and contribute to providing a greater mix of accommodation in the area. It will also continue the process of regeneration of this part of the St. Vincent’s Quarter which has already taken a huge step forward with the St, Georges Close mixed student/private residential scheme. The erection of a taller building on this site is considered to be appropriate given its prominent location where the ring road curves up to Brook Hill roundabout and given the context of taller buildings close by on the opposite side of Netherthorpe Road. The design is of sufficient quality and it should not have an excessive impact on the amenities of immediate neighbours. It is therefore recommended that planning consent be granted.

129

Case Number 06/02884/CHU

Application Type Planning Application for Change of Use

Proposal Change of use from A1 (retail) to A3 + A4 (restaurant and drinking establishment)

Location Unit 11+12 The Plaza 8 Fitzwilliam Street Sheffield S1 4JB

Date Received 21/07/2006

Team CITY CENTRE AND EAST

Applicant/Agent White Design

Recommendation Refuse

For the following reason(s):

1 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.

130

Site Location

LOCATION AND PROPOSAL

The application site comprises two retail units, one of which is vacant and the other is trading as a clothes store (Brother to Brother). They are located on the south side of The Plaza, the ground floor retail/commercial centre at the northern end of the largely residential West One complex.

There are currently twelve units facing onto The Plaza, and a thirteenth located at the junction of Convent Walk and Cavendish Street. Six of the thirteen (46%) are already in A3/A4 (restaurant/café/bar) use, which equates to approximately 65% in terms of floor area.

131 Planning permission is sought for the change of use of the two retail units to a bar/restaurant (Class A3/A4). The proposed occupants of the unit are Champs, a well known Sheffield establishment who trade from premises on Ecclesall Road. The premises, which would comprise of a bar at ground floor level with a restaurant and further bar area on the mezzanine level, would hold a maximum of 390 people.

RELEVANT PLANNING HISTORY

06/03155/CHU Use of parts of the ground floor of Plaza for outside seating area to be used in connection with existing and proposed A3/A4 uses is currently under consideration. The proposed hours of use are 0800 until 2230 hours.

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 (Class A3) and bar (Class A4) with a 2300 hours closing time was granted on 23 September 2005.

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

05/00561/CHU Use of West One’s former leisure and fitness suite (The Cage) as offices (Use Class 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 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

39 objection letters were received in connection with the proposed development, including 1 from Councillor Jillian Creasey. In addition, one letter of concern was received (keen that the use of outdoor seating areas is restricted) and two letters of support.

Objectors raised the following issues:

− West One was intended to be a mixed-use development with a convincing retail element, which is now dominated by bars and restaurants.

132 − Retailers need daytime passers by to survive. They can get this to some extent by being grouped together to establish a retail destination. They will not thrive where night-time trade is the main focus. − A3/A4 businesses cause upward pressures on rental values, forcing existing retailers out. − The failure of retail outlets is a management problem. Businesses have had to cope with months of disruption caused by the re-paving of the Plaza. − New developments in the city (New Retail Quarter) should be good for retail trade at West One. − West One is primarily a residential development. People leaving the bars at night are seemingly oblivious to the residential nature of the area. − Noise disturbance is already excessive, particularly at night. − The number of people visiting the Plaza at night will increase, as will the noise and litter. − Noise, particularly at closing time, has increased significantly since Bar 23 opened in Spring 2006 (unit 3). − Residents at West One already endure noise, anti-social behaviour, rubbish and cooking smells, often until the early hours of the morning. − I am consistently disturbed by drunken people fighting, arguing and shouting at closing time. Even with windows closed, the noise can still be heard. − Over the last two years I have witnessed a marked increase in the amount of anti-social and drunken behaviour outside West One on most nights of the week, including vandalism and theft. Several months ago, intoxicated individuals tried to gain access to my (ground floor) flat by climbing up the side of the building. − Unloading goods and the collection of waste, in particular glass bottles from bars and restaurants can be very noisy. − Every weekend night, Fitzwilliam Street is gridlocked with taxis and private hire vehicles. − People park in Cavendish Street and go into town for a night out. They return to their cars late at night slamming doors, starting noisy engines, often with rowdy/drunk passengers.

PLANNING ASSESSMENT

Land Use Issues

The application site lies within a Housing Area and a Housing Priority Zone as defined in the Unitary Development Plan Policy H10 of the Unitary Development Plan (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 Unitary Development Plan (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

133 to health and safety for people living nearby; and be on a scale consistent with the residential character of the area.

Though an acceptable land use in principle, it is considered that the formation of another large food and drink use in West One’s Plaza would threaten the residential character of the area and have a harmful impact upon the amenities of those residents living in the immediate vicinity, particularly at closing time. As such the development is considered to be contrary to the aims of Policy H14.

Amenity Issues

The Devonshire Quarter is arguably the most active and varied housing area in the city centre with a healthy mix of housing for sale and rent, catering for families and single people, as well as a good supply of student accommodation. 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).

The success of residential developments in Sheffield city centre has encouraged a growth in convenience stores, cafes, bars and restaurants, which has led to concerns that residents should not be seriously affected by noise and disturbance from late night activities.

The City Centre Living Strategy (April 2004) seeks to guide future housing development in the City Centre and limit the potential conflict between residents and late night uses.

Guideline 8 of the Strategy expects planning submissions involving potentially noisy uses to submit a scheme of works to address noise problems. It 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. Whilst it may be possible to 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. The Council is aware, having received numerous complaints through the Environmental Protection Service (the details of which will be reported to the Board in a supplementary statement), that this is already an issue within the Plaza and the proposed development, which can accommodate up to 390 people, could greatly exacerbate this problem.

Guideline 10 of the City Centre Living Strategy identifies the Devonshire Quarter as an area of the city in which the amenity of residents, during night-time hours, is arguably more important and so, for developments involving pubs, bars and restaurants, recommends restrictions on opening hours in order to prevent undue disturbance.

In October 2005, further interim planning guidelines were adopted by the Council in order to help the Planning Service deal with applications for development relating to night time uses in the face of changing liquor licensing legislation. City Centre Night Time Uses – Interim Planning Guidelines, aims to protect the living

134 conditions of residents by limiting the opportunities for noise and disturbance that might directly affect them.

Like the City Centre Living Strategy, guideline 1 identifies two specific areas in the city centre where there is a need to provide a greater level of protection against noise and disturbance and recommends that, in these areas, a 12.30 closing will normally be applied. The two areas where opening hours will be more vigorously controlled are the Heart of the City/Cathedral Quarter and the section of the Devonshire Quarter to the west of Fitzwilliam Street.

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

In considering the criteria, the guidelines state that the Council will take into account the cumulative harmful effect of existing leisure and entertainment uses.

Similarly, Planning Policy Statement 6: Planning for Town Centres (PPS6), paragraph 2.24, states that in drawing up their policies and proposals for managing the evening and night time economy, local planning authorities should consider the scale of leisure developments they wish to encourage and their likely impact, including the cumulative impact on the character and function of the area, anti- social behaviour, crime and the amenities of nearby residents.

The key issue in this instance is considered to be the cumulative impact on the amenities of the residents of the largely residential West One complex of another large food and drink operator, within the relative confines of the Plaza, the design of which may even amplify noise generated within its confines.

It is considered that the amenity of West One’s residents is affected by the balance of uses within the Plaza, and that, based upon the complaints received by the Council, that balance has reached a critical level. If not carefully controlled, the noise, smells and anti-social behaviour generally associated with A3/A4 developments would intensify and could lead to the closest residents suffering from fairly intolerable living conditions.

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. The Action Plan 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. Proposal 7.2 of the Action Plan states that, on Division Street/Devonshire Street (whole length) a maximum of one third of the linear ground floor frontage in any one block will be permitted to change to non-shopping

135 uses, and on West Street and Glossop Road between Carver Street and Upper Hanover Street, a maximum of half the linear ground floor frontage will be permitted to change to non-shopping uses.

The 30 % limit has since been exceeded with 46% of units currently in food and drink use (65% in terms of floor area). However, in order to protect the vitality of the area and the viability of the remaining retail units, any further loss of retail space is considered to be undesirable. This concern is reflected in PPS6, paragraph 3.21, which requires local planning authorities to consider the impact of proposals on the vitality and viability of existing centres within the catchment area of the proposed development, including the likely cumulative effect of recent permissions, developments under construction and completed developments. The identification of need does not necessarily indicate that there will be no negative impact.

SUMMARY AND RECOMMENDATION

West One was conceived as a largely residential, mixed use development with a shopping precinct, known as The Plaza, at the northern end of the site. 46% of units within The Plaza are currently in food and drink use (65% in terms of floor area) and it is considered that the cumulative impact of another large food and drink use would threaten the residential character of the area and have a harmful impact upon the amenities of those residents living in the immediate vicinity due to the noise, smells and anti-social behaviour generally associated with A3/A4 developments, particularly at closing time.

Members are therefore recommended to refuse this application.

136

Case Number 06/02989/FUL

Application Type A Full Planning Application

Proposal Retention of a bay window and door

Location 32 Grange Crescent Sheffield S11 8AY

Date Received 28/07/2006

Team SOUTH

Applicant/Agent M Maroof

Recommendation Refuse with Enforcement Action

Subject to:

1 The Local Planning Authority considers that owing to the inappropriateness of the material and poor quality of detailing the retention of the UPVC windows would result in an unacceptable loss of character to the Nether Edge Conservation Area, and as such would be contrary to Policies BE5, Be15 and BE17 of the Unitary Development Plan for Sheffield.

137

Site Location

LOCATION AND PROPOSAL

The application relates to a traditional two storey, brick built semi-detached dwelling house which is one of several similar properties on Grange Crescent. The property is located within the Nether Edge Conservation Area and a Housing Area as designated in the adopted Unitary Development Plan. The property is also within the area covered by the Article 4(2) Direction, which effectively removes Permitted Development rights for a number of dwellings within the Conservation Area, in relation to minor works to those properties.

The application seeks permission for the retention of UPVC glazed windows, which have been installed to the property. Permission was not sought for the installation of the windows.

138

RELEVANT PLANNING HISTORY

There is no relevant property history to the property.

SUMMARY OF REPRESENTATIONS

There have been no representations regarding this application.

PLANNING ASSESSMENT

Policy

Policy BE5 of the adopted Unitary Development Plan states that,

“ Good design and the use of good quality materials will be expected in all new and refurbished buildings and extensions c) All extensions should respect the scale, form, detail and materials of the original building”

Policy BE15 states that,

“ Development which would harm the character or appearance of Listed buildings, Conservation Areas or Areas of Special Character will not be permitted”

Policy BE17 states,

“ In Conservation Areas and Areas of Special Character high standard of design using traditional materials will be expected for alterations and extensions to existing buildings.”

The retention of the UPVC windows, which have been installed in the subject property would not preserve or enhance the character or appearance of the Conservation Area. The UPVC windows are brown, woodstain effect windows. UPVC does not reflect the traditional detailing of the timber windows, nor is it a traditional material within the Conservation Area.

The character of the Nether Edge Conservation Area is timber doors and windows with traditional detailing. The application is therefore contrary to Policies BE5, BE15 and BE17 of the adopted Unitary Development Plan.

The incremental loss of such traditional features threatens the character and value of the Conservation Area, and is in direct conflict with the purpose of the Article 4(2) Direction.

The door and infill to the porch area is timber in construction and is considered to be acceptable and does not undermine the character of the Conservation Area, and this part of the installation is considered acceptable.

139 SUMMARY AND RECOMMENDATION

The application for the retention of UPVC windows would result in an unacceptable loss of character to the Nether Edge Conservation Area, and would be contrary to Policy BE5, BE15 and BE17 of the adopted Unitary Development Plan.

It is for the above reasons that this application is recommended for refusal and that the Assistant Chief Executive Legal and Governance be authorised to take all necessary steps, including enforcement action and the institution of legal proceedings, to secure the removal of the UPVC windows. Any subsequent replacement windows would by virtue of the Article 4(2) Direction require Planning Permission.

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Case Number 06/03058/FUL

Application Type A Full Planning Application

Proposal Alterations to shop including front roller shutter and rear extract flue, for use as restaurant (class A3)

Location 738 Attercliffe Road Sheffield S9 3RQ

Date Received 07/08/2006

Team CITY CENTRE AND EAST

Applicant/Agent Trevor Birchall Design Ltd

Recommendation Grant Conditionally

Subject to:

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

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

2 Prior to installation and the use commencing, full details of a system of fume extraction shall be submitted to and approved in writing by the Local Planning Authority. This system shall provide a flue terminating at least 1 metre above the level of the flat roofed rear extension and shall be fitted with a low resistance cowl.

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

3 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.

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

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

5 Notwithstanding the details on the approved plans, development shall not commence until a scheme detailing the proposed roller shutter doors, including details of design, specification and colour finish, and the roller shutter recessed behind the sign fascia, has been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved scheme unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the visual amenities of the locality.

Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas BE5 - Building Design and Siting BE18 - Development in Areas of Special Character

Attention is drawn to the following directives:

1. The applicant is advised that any new signage would require separate advertisement planning consent. The new sign fascia is not approved as part of this application.

2. The applicant is advised that any wall mounted equipment for the flue extraction system must be mounted on anti-vibration mounts.

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Site Location

LOCATION AND PROPOSAL

This application relates to the ground and first floor use of No. 738 Attercliffe Road, Sheffield. The application building is part of a terrace of buildings, which front onto Attercliffe Road. The site is located in an Area of Special Character by virtue of Attercliffe being a valuable part of Sheffield’s historic industrial heritage. The site is also designated in a Local Shopping Centre.

The Local Shopping Centre stretches approximately 700 metres along both sides of Attercliffe Road, which is a busy vehicular route heavily populated by road traffic. Attercliffe Road is also a Bus Priority Route. The existing buildings along Attercliffe Road include shops (A1), financial and professional services (A2), restaurants and

143 cafes (A3), drinking establishments (A4), hot food takeaways (A5) and business (B1).

The application building is within a flat roofed terrace. The property and its adjoining units are brick built with unspectacular shop fronts dominating the groundfloor units. The application building was formally the “Sheffield Angling Centre” fishing tackle shop, however this use has now ceased and the building is vacant. To the rear of the property is a flat roofed single storey extension, which can be accessed at the rear from Chapel Lane via Worksop Road.

With regard to neighbouring buildings, No.740 Attercliffe Road is “PrentaPrinta!” a printing company/shop. Immediately adjacent to this building is the “Attercliffe Hotel”, a private hostel for the homeless containing long-term tenants. A dwelling used by the manager of the hotel exists in a separate building at the rear of the hotel. No.736 Attercliffe Road is a Post Office, which extends to the rear where a small Post Office depot also exists.

This application proposes to change the use of the building into a restaurant (class A3). The submitted details indicate that the works comprise internal and external alterations to both floors of the existing shop. Internally, the works comprises the installation of a kitchen, a restaurant, bar, bar waiting area, and ancillary facilities such a WCs (including disabled) and a store. Externally, the works comprise the installation of a new shop front including a roller shutter and an extraction flue system at the rear. The applicant also intends to black out the existing windows at first floor level.

RELEVANT PLANNING HISTORY

There is no relevant planning history relating to the application site.

SUMMARY OF REPRESENTATIONS

There has been one representation from the occupier of No.734 Attercliffe Road objecting to the proposal for the following reasons:

− It would inappropriate to have another take-away at this part of Attercliffe Road. There are already a large number of these facilities in existing sandwich shops, pubs, restaurants and takeaways. − The development would have an adverse effect on the objector’s retail food sales. − The addition of another restaurant would increase the amount of litter and anti-social activity (urinating down shutter, sick, broken glass and bottles).

PLANNING ASSESSMENT

Amendments

The application’s description has been amended and the A5 (Hot Food Takeaway) use has been removed from the description. The applicant has indicated that the restaurant would offer a hot food takeaway service, which would be ancillary to the

144 primary use of the building (Use A3). It is considered that the availability of food to collect and takeaway is a common facility that A3 restaurant’s can, within reason, provide to customers. The applicant’s agent has verbally agreed to the change of this description.

Policy Issues

The application site lies within a Local Shopping Centre in the Adopted Sheffield Unitary Development Plan Policy S7 is therefore relevant to this assessment as it applies to development in District and Local Shopping Centres and states that an acceptable use will include food and drink outlets (A3). This application is for a restaurant use (A3) and is therefore considered acceptable.

The application building is currently empty with roller shutters down. There is no activity within the shop and the building appears to be dead space which neither benefits the appearance of the building and terrace nor vitality of the area. A proportion of buildings along Attercliffe Road are vacant (12%) and use of the building is welcomed to assist regeneration of an existing empty building and to Attercliffe, which is an Area of Special Character. It is considered that the proposed development would respect the character and appearance of the area in accordance with Policy BE18.

Dominance of Use

Dominance is defined in the Sheffield Unitary Development Plan as taking up over 50% of the policy area. Policy S10, part a) is relevant and states that new development or change of use will be permitted provided that it does not lead to a concentration of use which would prejudice the dominance of the preferred uses in the Area or its principal role as a Shopping Centre. 4% of the units in Attercliffe are in existing A3 use and a total of 23% are in existing A3 (café and restaurants), A4 (drinking establishments) and A5 (Takeaway) use. A1 (shops) remains the most dominant use of the area and it is therefore considered that the scheme is acceptable and would not be contrary to Policy S10 of the adopted Unitary Development Plan.

Highway Issues

It is considered that the proposed development raises no significant highway implications. The application premises is within the Local Shopping Centre and along a Bus Priority Route, which therefore is subject to various vehicular movements and parking restrictions. It is considered that many existing shops appear to work well under the existing highway restriction and therefore there appears to be no reason why the proposed restaurant should not work equally as well from a highway perspective. It is concluded that the proposal is acceptable in such terms.

Access Issues

An Access Statement has been submitted with this application which indicates that the proposed entrance on Attercliffe Road will have a level threshold and the

145 provision of disabled facilities within the building including a disabled WC at ground floor level, handrails and tactile ground material to access routes.

Visual Amenity Issues

This application proposes a change of use. The premises are currently vacant and offer little to the area’s amenity and vitality.

With regard to external appearance, the submitted plans indicate that the proposed development would include the creation of a new shop front with sign fascia above a roller shutter. The proposed external alterations include the relocation of the front door, installation of new windows and blacking out of windows at first floor level. The new shop front is considered to be acceptable in design terms and there are no concerns relating to the scheme’s visual amenity and external appearance in accordance with Unitary Development Plan Policy BE5. It is concluded that the proposal, subject to conditions, would improve the quality of the existing streetscene.

The applicant’s agent is currently uncertain as to whether a new roller shutter would be installed as part of the change of use. A roller shutter currently exists on the premises, which has limited visual amenity value. Therefore, there is no objection to the installation of a new, and improved, roller shutter (e.g. perforated) at this location. Given the uncertainty surrounding the shutter, a condition requiring details of the design and specification of the roller shutter to be submitted and approved by the Local Planning Authority prior to installation and use is recommended.

The new sign fascia is not being considered as part of this application and requires separate advertisement consent to assess its acceptability at this location. A Directive is recommended.

Environmental Issues

An extraction flue system is to be attached to the rear elevation of the application premises’ single storey flat roofed rear extension. It is noted that the Attercliffe Hotel, containing hostel accommodation and an ancillary dwelling unit at the rear, is within close proximity of the application premises. The Attercliffe Hotel has rooms with windows that are south-east facing towards the application premises. Notwithstanding this, there are no objections to the proposed use and position of the flu system from an environmental protection perspective, subject to conditions. Flues currently exist in the immediate area, including the Attercliffe Hotel (754-758 Attercliffe Road), Deli at the Swan and the Zeenat Restaurant (764 Attercliffe Road), all of which are located close to the Attercliffe Hotel’s accommodation.

Given the site’s proximity to residential accommodation and nearby dwellings, a condition restricting the restaurant’s opening hours is recommended. The standard opening hours are suggested which are 0900 hours to 2330 hours Monday to Saturday and 0900 hours to 2300 hours on a Sunday.

146 With regard to the flue system, conditions requiring the applicant to submit details of the fume extraction equipment and its location to the Local Planning Authority for approval before installation and use are recommended.

RESPONSE TO REPRESENTATIONS

It is considered that the some of the objections raised have been addressed in the paragraphs above.

Competition – The objector’s concern that the proposed development would have an adverse affect on their food sales is noted. This, however, is the nature of business and the competition created by this development is not a material planning consideration.

Increased Litter – The application proposes an A3 restaurant use and there is no evidence to suggest that the premises would generate excess litter. It is considered that the majority of customers would either eat on premises or collect their food to takeaway. This objection is not considered so significant to warrant the refusal of this application.

SUMMARY AND RECOMMENDATION

The proposed change of use from vacant shop (A1) to a restaurant (A3) and hot food takeaway (A5) raises no policy concerns at this location. It is considered to be an appropriate and welcome use within Attercliffe’s run-down Local Shopping Centre. Given the limited architectural quality of the existing building, there are no concerns regarding the appearance and design of the proposed alterations and its impact on its status as an Area of Special Character. Furthermore, the relationship between the proposal and existing land-use offer no concerns from a highway and environmental protection perspective.

It is concluded for the reasons outlined above that the proposal complies with Policies S7, S10, BE5 and BE15 of the adopted Unitary Development Plan. The application is therefore recommended for approval, subject to conditions.

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