Report to City Centre South and East Planning and Highways Committee

SHEFFIELD CITY COUNCIL PLACE

REPORT TO CITY CENTRE SOUTH DATE 02/08/2010 AND EAST PLANNING AND HIGHWAYS COMMITTEE

REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

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

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

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

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

10/02125/FUL Domino's Pizza 167 - 169 West Street 7 City Centre Sheffield S1 4EW

10/02046/CHU Players Sports Bar 125 West Street 17 City Centre Sheffield S1 4ER

10/01874/CHU The Green Room 150 - 154 Devonshire Street 26 Sheffield S3 7SG

10/01808/CHU 26 - 30 Division Street 34 Sheffield S1 4GF

10/01792/FULR Land Adjoining Sheffield Road, Vulcan Road, 42 Meadowhall Way And Site Of Former Staybrite Works Sheffield

10/01683/FUL 19 Knab Rise 63 Sheffield S7 2ES

10/01671/FUL Peaks Centre 73 Sheffield College Waterthorpe Greenway Sheffield S20 8LY

10/01637/FUL 18 Dover Road 92 Sheffield S11 8RH

10/01624/LBC King Edward VII School Glossop Road 100 Sheffield S10 2PW

10/01518/CHU 7 Nile Street 107 Sheffield S10 2PN

10/01432/FUL King Edward VII School Glossop Road 114 Sheffield S10 2PW

10/01367/FUL Land At Junction Of Ecclesfield Road And Sicey Avenue (Site Of Shiregreen Hotel) 143 Sheffield

10/01357/FUL 50 Norton Park View 157 Sheffield S8 8GS

10/00959/CHU 832 Ecclesall Road 162 Sheffield S11 8TD

10/00804/LBC Sheffield Citadel Cross Burgess Street 167 Sheffield S1 2HG

10/00637/FUL (Formerly PP- 90 Totley Brook Road 178 00995315) Sheffield S17 3QT

10/00141/FUL (Formerly PP- Various Sites On Woodhead Road/Sharrow 00774046) Lane/Cemetery Road/Abbeydale Road/Bramall 191 Lane Highfield Sheffield

10/00117/NMA Sheffield Citadel 200 Cross Burgess Street Sheffield S1 2HG

09/03645/FUL (Formerly PP- Sainsbury's Supermarket 203 00812905) Archer Road Sheffield S8 0TD

5 6 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning PLACE To The CITY CENTRE SOUTH AND EAST Planning And Highways Committee Date Of Meeting: 02/08/2010

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 10/02125/FUL

Application Type A Full Planning Application

Proposal Application to allow opening hours of 0700 hours to 0100 hours the following day, Mondays to Sundays and hot food deliveries until 0200 hours the following day (Application under Section 73 to vary condition 4 of planning permission 09/03572/FUL)

Location Domino's Pizza 167 - 169 West Street City Centre Sheffield S1 4EW

Date Received 24/06/2010

Team CITY CENTRE AND EAST

Applicant/Agent SK Group

Recommendation Grant Conditionally

Subject to:

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

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

2 The development must be carried out in complete accordance with the approved submitted documents unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

3 The proposed facing materials shall match the facing materials to the existing building.

In the interests of the visual amenities of the locality.

4 The ground floor of the building shall be used for the sale of takeaway hot food between 0700 hours and 0100 hours the following day Mondays to Sundays, for a period of one year from the date of this decision and deliveries of hot food from the premises shall take place between the hours of 0700 hours and 0200 hours the following day, Mondays to Sundays, for a period of one year from the date of this decision. Following this trial period the hours of use shall only be between 0700 hours and 0030 hours the following day on any day

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

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

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

6 The proposed replacement extract flue shall terminate 1 metre above the second floor eaves, as shown on the submitted drawing.

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

7 The ground floor of the building shall not be used for the sale of take-away hot food unless the proposed replacement extract flue, as indicated on the submitted drawing, no. 4547-A5-03 Rev A, has been fitted with a low resistance cowl and thereafter flue with low resistance cowl shall be retained.

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

8 The details in respect of the proposed 2 wall mounted compressors as indicated on the submitted drawing, no. 4547-A5-03 Rev A are not approved. Before the development is commenced, details including specifications and the relocation of the proposed compressors shall have been submitted to and approved in writing by the Local Planning Authority

8 and thereafter the compressors shall be installed in accordance with the approved details and thereafter retained.

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

9 The details in respect of the proposed entrance into the building from West Street as indicated on the submitted drawings are not approved. The ground floor of the building shall not be used for the sale of take-away hot food unless a level threshold has been provided to the entrance thereto in accordance with details to be submitted to and approved in writing by the Local Planning Authority and thereafter such level threshold shall be retained.

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

Attention is drawn to the following justifications:

1. The decision to grant permission and impose any conditions has been taken having regard to the relevant policies and proposals from the Yorkshire and Humber Plan, (also taking into account the Secretary of State's, stated intention to abolish Regional Strategies) the Sheffield Development Framework and the Unitary Development Plan set out below:

S3 - Development in the Central Shopping Core S10 - Conditions on Development in Shopping Areas

The principle has already been established in respect of the use of the ground floor of the building as a hot food takeaway (Class A5), by virtue of an existing planning permission (09/03572/FUL).

An extension of opening hours to 0100 hours during the week is unlikely to have a detrimental impact on existing residents in the locality. However, the proposal also incorporates a delivery service until 0200 hours, which does raise concerns in respect of residential amenity. A new apartment block, which is immediately adjacent to the site, is not yet occupied, and given that there is external plant to the rear, which will be in use for an extended period, this is likely to impact on adjacent residents. It is therefore recommended that planning permission be granted on a temporary basis, to allow an assessment of the impact of the extended hours and delivery facility on existing and future residents within the locality.

The proposal is unlikely to have a detrimental impact such that residents will be adversely affected. On this basis, the application is considered to accord with Unitary Development Plan Policies S3 and S10, The Devonshire Quarter Action Plan (Adopted 2001), City Centre Living Strategy (Adopted 2004) and the Interim Late Night Planning Guidance (Adopted 2005).

This explanation is only intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the

9 application report at www.sheffield.gov.uk/planningonline or by calling the Planning Help Line at (0114) 273 4215.

Attention is drawn to the following directives:

1. The applicant is advised that condition No(s) 1-3 and 5-9 were imposed by planning permission No. 09/03572/FUL and are reproduced on this notice to provide you with a complete record of all conditions, regardless of whether some may have already been discharged.

2. The applicant should be aware that Condition nos. 8 and 9 imposed on planning permission 09/03572/FUL have already been discharged.

10 Site Location

INTRODUCTION

Members may recall an earlier application on this site (09/03572/FUL) for the use of the ground floor restaurant as a hot food takeaway. This was granted conditionally in January 2010. The existing hours of opening for the premises are 0900 hours until 2300 hours, on any day.

LOCATION AND PROPOSAL

The application site lies within a High Amenity Zone of the Central Shopping Area, as defined in the Unitary Development Plan and relates to the premises, now known as Domino’s Pizza. The property is situated midway within an existing parade of commercial buildings. The ground floor of the building is used as a hot food takeaway, with the basement used for ancillary storage and associated facilities. The upper floor has previously been used as a restaurant, but is no longer in use. To the rear within the site, is a gated yard that contains an external stairway, which leads up to the second floor.

The building, which is two to four storeys high, has undergone a number of changes to its exterior such that it comprises a variety of architectural styles and finishes. The ground floor frontage has recently been altered in order to facilitate the hot food takeaway business. Signage exists at fascia height.

At the rear of the site is a lane – Westhill Lane, which provides a means of vehicular access from both Devonshire Street and Eldon Street. The Lane serves properties fronting West Street and Devonshire Street and a public car park accessed from Eldon Street. Immediately adjacent, to the east is a six-storey building which has recently been constructed, that will comprise 32 apartments over units for A1, A2 and A3 uses. At the rear, to the south, are retail units which front onto Devonshire Street. To the west is William Hill betting shop and opposite the site, to the north is The Cavendish public house with residential flats above.

Planning permission is sought to extend the opening hours from 0700 hours to 0100 hours the following day, Mondays to Sundays with deliveries up to 0200 hours the following day (Application under Section 73 to vary condition 4 of application no. 09/03572/FUL).

RELEVANT PLANNING HISTORY

Listed below is a summary of the relevant planning history.

10/01192/COND – Application to approve details in relation to condition number 8. Relocation of compressors relating to planning permission 09/03572/FUL – Condition application decided – 09.07.2010.

09/03572/FUL – Use of ground floor restaurant (Class A3) as a hot food takeaway (Class A5), with ancillary cold store and storage facilities at basement level, alterations to shop front and installation of 2 external compressor units to rear (in

12 accordance with revised site plan emailed 13.01.2010 and emails dated 12.01.2010).

06/02648/FUL – Nos. 159-165 West Street – Erection of 6-storey mixed use development comprising 32 apartments over units for A1, A2 and A3 use (resubmission) – Granted subject to Completion of a Legal Agreement – 04.09.2006.

SUMMARY OF REPRESENTATIONS

At the time of writing this report, no letters of representation had yet been received. However, the expiration of neighbour consultation is not until 29th July 2010 and therefore any letters of representation received will be reported at the forthcoming Committee meeting.

PLANNING ASSESSMENT

Land Use Policy

The application site lies within the Central Shopping Area, as defined in the Unitary Development Plan. UDP Policy S3 identifies shops (Class A1) as the preferred use but does permit other uses, such as food and drink outlets (Class A5 – hot food takeaways). The site already benefits from a planning permission (ref no. 09/03572/FUL) for the use of the ground floor as a hot food takeaway.

The proposal involves a variance of Condition 4 of the original planning permission, to extend the hours of opening; thereby there is no material change in the use of the premises, and the proposal is acceptable in terms of Policy S3.

Effect on Residential Amenity

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

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

13 can enliven town centres and support the evening economy but can also have an impact on the centre in terms of anti-social activities and causing a nuisance to nearby residents. It is for this reason that two areas have been identified where time limits of no later than 0030 hours have been imposed, which include the Heart of the City/Cathedral and the Broomspring Area of the Devonshire Quarter. The site does not fall within these areas and as such, guidance contained within the Devonshire Quarter Action Plan (Adopted 2001) will be relevant and is a material consideration when considering this planning application. The Devonshire Quarter Action Plan suggests that some extension of hours may be permitted with suitable sound attenuation but does also recognise the activities associated with these types of uses, which involve increased noise generation and nuisance to the area into the early hours of the morning.

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

Immediately adjacent to the site (formerly no. 165 West Street) is a new apartments block under construction and to the rear are a number of residential flats above shops which front onto Devonshire Street and above some West Street properties. Although the new block is not occupied, the residential amenities of future occupants should be considered when determining this application. West Street experiences a high level of background noise levels, owing to the fact that it is on a prime arterial route into the city, where there is regular public transport including the Supertram as well as general traffic. Owing to the mix of uses along West Street, there is considerable activity both during the day and in the evening, where there are a number of restaurants, hot food takeaways and drinking establishments operating in the locality. Planning permission was granted to allow the premises to operate until 2300 hours. This application originally sought to open the premises until 0600 hours throughout the week. However, subsequent information has been submitted, indicating that the unit will close to the general public at 0100 hours, and it will be deliveries only, which will continue until 0500 hours. Extending the hours of opening to 0100 hours is not considered to be excessive.

There has been a fairly consistent approach to the hours of opening allowed on West Street. A number of businesses within the locality, including hot food takeaways, restaurants and bars, benefit from later opening times. This application originally sought to open the premises until 0600 hours throughout the week. However, subsequent information has been submitted, indicating that the unit will close to the general public at 0100 hours, and it will be deliveries only, which will continue until 0500 hours. Extending the hours of opening to 0100 hours is not considered to be unreasonable, and is fairly consistent with other hot food takeaways in the immediate locality, in particular, Aslan’s Kebabs, which is open until 0030 hours during the week and 0130 hours at weekends and Adnan’s, which

14 is open until 0030 hours throughout the week. It should be noted that such premises are licensed to open until 0300 hours.

Following consultation with the Environmental Protection Officer, there are concerns in respect of the proposed hours of operation, in particular those relating to the deliveries. There are compressors at the rear of the premises, which are fairly loud and were deemed to be acceptable on the previous application, as the business would cease operation at 2300 hours. Operating such equipment until 0500 hours is likely to cause a nuisance as the existing background noise level will be low during the early hours. It is therefore recommended that the deliveries be restricted to 0200 hours for a period of one year, in order that an assessment can be made, to ascertain its impact on neighbouring properties. This will allow the opportunity for future residents of the adjacent flats to comment on any subsequent application and, the Environmental Planning Team will be able to monitor the situation for the period.

In addition to the above, there are concerns about the traffic movements resulting from the vehicles used for the delivery of pizzas. The vehicles will need to use the Lane to the rear of the site, which, although it is an adopted highway, there is little activity, as it is generally used as a means of access to parking areas/hardstanding to individual properties. It is likely that noise will be generated from car engines, doors opening and shutting, radios and/or phones, and people talking and moving around. The noise generated from delivery vehicles using the Lane will seem louder owing to the low background levels at that time. Although this is not an ideal arrangement, it is considered in this instance, that a temporary consent for a period of one year, with a restriction of 0200 hours, be recommended, for the reasons as stated above. The application can then be reviewed after the time period and during such time other alternative arrangements could be explored by the applicant.

Given the location of the premises and having regard to the Policy situation and the fact that there are existing premises which have been granted an extension of opening hours, which are similar, it is considered that it will be difficult to resist an extension of opening hours as applied for, as it is likely to be acceptable in principle in accordance with the Interim Planning Guidance and the Devonshire Quarter Action Plan. However, this will only be the case, where it is considered that amenities of adjoining residents have not been compromised to such a degree to warrant a refusal of planning permission. An extended hours of opening, for an additional two hours a day, is unlikely to cause a significant rise in noise and disturbance within the locality, such that it will have a detrimental impact on the living conditions of existing and future residents.

It is therefore considered, given the above, that the extension of opening hours until 0100 hours, Mondays to Sundays and a delivery service until 0200 hours, will be acceptable, for a temporary period of one year. The business has only been in operation for a very short time and there are currently no residents living in the adjacent flats, (formerly no. 165 West Street), because they are under construction. The granting of a temporary time period, will ensure that any disamenity issues arising from the proposed development are identified and

15 appropriately addressed, thus ensuring the living conditions of neighbouring residents are maintained at a satisfactory level.

Highway Issues

The proposal does not give rise to any significant highway implications and no highway objections have been received. The proposal will accord with UDP Policy S10.

SUMMARY AND RECOMMENDATION

The principle has already been established in respect of the use of the ground floor premises as a hot food takeaway (Class A5), by virtue of an extant planning permission (09/03572/FUL).

The hot food takeaway currently operates between the hours of 0900 hours and 2300 hours, throughout the week. An extension of opening hours to 0100 hours during the week is unlikely to have a detrimental impact on existing residents in the locality. However, the proposal also incorporates a delivery service until 0200 hours, which does raise concerns in respect of residential amenity. A new apartment block, which is immediately adjacent to the site, is not yet occupied, and given that there is external plant to the rear, which will be in use for an extended period, this will impact on adjacent residents. It is therefore recommended that planning permission be granted on a temporary basis, to allow an assessment of the impact of the extended hours and delivery facility on existing and future residents within the locality.

The proposal is unlikely to have a detrimental impact such that residents will be adversely affected. On this basis, the application is considered to accord with Policy S10, The Devonshire Quarter Action Plan, City Centre Living Strategy and the Interim Late Night Planning Guidance.

The application to vary condition 4 of planning permission 09/03572/FUL, to temporarily extend the opening hours is therefore recommended for approval.

Recommendation: Grant Conditionally

Case Number 10/02046/CHU

Application Type Planning Application for Change of Use

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

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

Date Received 18/06/2010

Team CITY CENTRE AND EAST

Applicant/Agent DLP Planning Ltd

Recommendation Grant Conditionally

Subject to:

1 The development must be begun not later than the expiration of three years from the 30 March 2005.

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

2 No Live or amplified music shall be played within the building unless a scheme of sound attenuation works has been installed and thereafter retained. Such a scheme of works shall;

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

b) Be capable of restricting noise breakout from the building to the street to levels not exceeding:

i) the background noise levels by more than 3dBA when measured as a 15 minute Laeq

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

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

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

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

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

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

5 Noise levels from plant & machinery should not exceed existing background noise levels at the site boundary by more than 3 dBA (when measured as a 5 minute LA90).

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

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

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

7 The development shall not be used without internal bin and refuse storage areas. Before development commences, full details of these bin and refuse storage areas shall be submitted to and approved in writing by the Local Planning Authority.

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

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

a) been carried out; or

b) details have been submitted to and approved by the Local Planning Authority of arrangements which have been entered into which will secure

18 that such improvement works will be carried out before the developments is/are brought into use.

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

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

9 The premises shall be used for the above-mentioned purpose only between 07.30 hours and 00.30 hours the following day on Sundays to Mondays and only between 07.30 hours and 01.30 hours the following day on Thursdays, Fridays, Saturdays and Sundays immediately before Public Holidays.

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

10 Within a period of 3 months from this permission, an acoustic lobby shall have been provided within the building, at the front entrance, fronting onto West Street, but before such acoustic lobby is provided, details shall have been submitted to and approved in writing by the Local Planning Authority, and thereafter such lobby shall be retained.

To mitigate noise outbreak, in the interests of amenities of occupiers of adjoining property.

Attention is drawn to the following justifications:

Policy S10 - Conditions on Development in Shopping Areas

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

An extant planning permission exists, which allowed an extension of opening hours from 0730 hours to 0130 hours the following day for Thursdays, Fridays, Saturdays and Sundays preceding a Bank Holiday for a period of one year. This has allowed an assessment of the impact of extended hours on existing residents and the general locality. It is considered that, subject to an appropriate acoustic lobby being provided at the front, within the building, to mitigate noise outbreak, a permanent extension of opening hours for the latter half of the week will not have a

19 detrimental impact such that residents will be adversely affected. On this basis, the application is considered to accord with Unitary Development Plan Policy S10, City Centre Living Strategy, Interim Planning Guidance on Night Time Uses and The Devonshire Quarter Action Plan.

This explanation is only intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report at www.sheffield.gov.uk/planningonline or by calling the Planning Help Line at (0114) 273 4215.

Attention is drawn to the following directives:

1. The applicant is advised that condition No(s) 1- 8 and 10 were imposed by planning permission No. 04/05107/CHU and are reproduced on this notice to provide you with a complete record of all conditions, regardless of whether some may have already been discharged.

2. From the 6th April 2008, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 2008 require that all requests for confirmation of compliance with planning conditions require a fee payable to the Local Planning Authority. An application to the Local Planning Authority will be required using the new national standard application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

20 Site Location

21 INTRODUCTION

Members may recall an earlier application on this site (09/01403/CHU) for an extension of opening hours for the existing bar to between 0730 hours and 0130 hours the following day, on Thursdays, Fridays, Saturdays and Sundays immediately before Bank Holidays. This was granted conditionally in June 2009 for a temporary period of one year, expiring on 9th June 2009. Thereafter the hours of opening were restricted to between 0730 hours and 0030 hours the following day.

LOCATION AND PROPOSAL

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

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

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

RELEVANT PLANNING HISTORY

Listed below is a summary of the relevant planning history.

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

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

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

22 application 04/05107/CHU)(Amended description) – Granted Conditionally – 09.06.2009.

SUMMARY OF REPRESENTATIONS

A site notice was displayed and following neighbour consultation, five letters of objection have been received from neighbouring residents, at the time of writing this report. However, it is anticipated that additional letters of objection will be submitted prior to the Board meeting. The objections raised relate to the following:-

- current opening hours till 0030 hours are reasonable; no objection to 0130 hours, Fridays and Saturdays; - Mondays to Wednesdays 0100 hours – inappropriate; - will increase noise level; - threat to residents from uncontrolled drunken behaviour as seen at nearby premises; - noise outbreak from music and customers queuing outside; - large police presence at weekends; - has been a large rise in anti-social behaviour, violence, excessive noise and other behaviour; and - comments re liaising with Council officers to resolve noise outbreak – some reduction in noise but not sufficient.

PLANNING ASSESSMENT

Land Use Policy

The application site lies within the Central Shopping Area, as defined in the Unitary Development Plan. The site already benefits from a planning permission (ref no. 04/05107/CHU) for the use of the premises as a retail unit, which includes Class A1, A2 and what was formerly A3 (now A3, A4 and A5).

UDP Policy S3 identifies shops (Class A1) as the preferred use but does permit other uses, such as food and drink outlets (Class A5 – drinking establishments). The use of the ground floor of the premises as a bar has already been established, given that it has been in operation for a number of years and does benefit from planning permission (no. 04/05107CHU).

The proposal involves a variance of Condition 9 of the original planning permission, to extend the hours of opening; thereby there is no material change in the use of the premises, and the proposal is acceptable in terms of Policy S3.

This application seeks to permanently extend the hours of opening from 0730 to 0130 hours on Thursdays, Fridays, Saturdays and Sundays immediately before a Bank Holiday. The premises have been operating as a drinking establishment (Class A4 use) since December 2008.

Within the immediate locality, to the south and south-east and west are residential properties, which are predominantly flats developments, namely City Plaza and

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

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

It is important to note that there are a number of drinking establishments fronting onto West Street, which have sought to extend their hours of opening and subject to their proximity to residential properties, a variety of opening hours have been approved. However, there is a fairly consistent approach to the hours of opening allowed, such that many establishments have been allowed to open later on specific days, ie Thursdays, Fridays, Saturdays and Bank Holidays. Given the location of the premises and having regard to the Policy situation and the fact that there are existing premises which have been granted an extension of opening hours, it is considered that it will be difficult to resist an extension of opening hours for the specified days, as it is likely to be acceptable in principle in accordance with the Interim Planning Guidance and the Devonshire Quarter Action Plan. However, this will only be the case, where it is considered that amenities of adjoining residents have not been compromised to such a degree to warrant a refusal of planning permission.

Effect on Residential Amenity

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

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

West Street experiences a high level of background noise levels, owing to the fact that it is on a prime arterial route into the city, where there is regular public transport including the Supertram as well as general traffic. Owing to the mix of uses along the Street, there is considerable activity both during the day and in the evening, where there are a number of restaurants and drinking establishments operating in the locality. Planning permission was granted to allow the premises to operate with an extended hours of opening until 0130 hours over the weekend, for a period of one year. This has enabled an assessment to be made in respect of its impact on residential amenity and the locality in general.

The originally submitted application sought to permanently extend the hours of opening from 0730 hours to 0130 hours on any day of the week. Additional opening into the early hours during the first half of the week is considered to be unreasonable, given the location of neighbouring residential properties, in particular, City Plaza. It is not considered acceptable that existing residents should be subject to any additional noise and/or disturbance during the earlier part of the week. The applicant has agreed to amend the application, such that a permanent extension of hours up to 0130 hours will only apply to Thursdays, Fridays, Saturdays and Sundays preceding a Bank Holiday.

The Environmental Protection Service has stated that there have been complaints from residents in Royal Plaza, in respect of music outbeak from the front of the premises through the front entrance on to West Street. Discussions have taken place with the management of the premises to try and find a solution and set a lower noise level. In order to resolve the problem, it will be necessary to install a suitable acoustic lobby. Unless the acoustic performance of the entrance to the building is improved the proposed extension of hours is not considered acceptable. The Agent has confirmed that an acoustic lobby will be provided, and it is anticipated that drawings will be available to view, showing the proposed lobby arrangements to be implemented, at the time of the Board meeting. A condition will be imposed requiring the acoustic lobby to be provided, within a limited timeframe.

Following consultation with the Police Architectural Liaison Officer, it has been confirmed that, since 1st January to date there have been over 200 incidents recorded as taking place on West Street; 107 of which were recorded as being anti-social behaviour related and 91 were recorded as crimes. During the same period, records show that 16 of these incidents emanated from ‘The Players Bar’, 10 of which were recorded as crimes and 6 as anti social behaviour related. The above figures do not represent a high proportion of the overall incidents on West Street, and allowing for the fact that ‘The Players Bar’ is a popular venue which attracts a lot of custom, it is not considered that the premises has caused

25 demonstrable harm to existing residents. Neither are the premises considered to be any more problematic to police than other city centre bars and clubs. It is acknowledged that the activities associated with this type of use, by virtue of people entering and leaving the premises, rowdiness, and customers congregating outside, does occur. However, given the above, it is not considered that the permanent extension of hours on Thursdays through to Sunday (only preceding a Bank Holiday) will cause a significant rise in noise and disturbance within the locality, such that it will have a detrimental impact on the living conditions of existing residents and a refusal will be justified.

This application is consistent with other permissions in the locality such as La Mancha tapas restaurant/bar at 136 West Street, where permission was granted in September 2007 for extension of opening times until 02.30 on Thursdays, Fridays, Saturdays and Bank Holiday Sundays and Takapuna Bar at 52-54 West Street also granted in March 2007 for the same hours. The Lava Lounge also benefits from extended hours of opening until 0200 hours on any day. It should also be acknowledged that there are a number of longer established, bar premises on West Street which open until late and do not have restrictions relating to hours of opening, although they are subject to Licensing regulations.

It is therefore considered, given the above, that the proposed one hour extension to 0130 hours on a permanent basis will be acceptable, albeit only for Thursdays, Fridays, Saturdays and Bank Holiday Sundays and the remaining days, those being Sundays – Wednesdays (inclusive) remain as previously approved, up to 0030 hours.

SUMMARY AND RECOMMENDATION

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

An extant planning permission exists, which allowed an extension of opening hours from 0730 hours to 0130 hours for Thursdays, Fridays, Saturdays and Sundays preceding a Bank Holiday for a period of one year. This has allowed an assessment of the impact of extended hours on existing residents and the general locality. During that period, there have been some complaints and discussions have taken place to try to resolve noise outbreak from the front of the premises. It is considered that, subject to an appropriate acoustic lobby being provided at the front, within the building, to mitigate noise outbreak, a permanent extension of opening hours for the latter half of the week will not have a detrimental impact such that residents will be adversely affected. On this basis, the application is considered to accord with Policy S10.

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

Case Number 10/01874/CHU

Application Type Planning Application for Change of Use

Proposal Use of pedestrian area as an external seating area and provision of portable barriers

Location The Green Room 150 - 154 Devonshire Street Sheffield S3 7SG

Date Received 07/06/2010

Team CITY CENTRE AND EAST

Applicant/Agent Mr P Flynn

Recommendation Grant Conditionally

Subject to:

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

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

2 The outside seating area shall have no more than 5 tables and 20 chairs and patrons within this area shall principally remain seated.

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

3 The outside seating area shall not be used unless the means of enclosure (café screens) are in place along the seating area boundary.

In the interests of the amenities of the locality.

4 The outside seating area shall only be used between 10:00 hours and 21:00 hours Sunday to Thursday and between 10:00 hours and 22:00 hours Fridays and Saturdays and the furniture shall be stored away within 30 minutes of these respective end times.

In the interests of the amenities of the locality.

5 When the outside seating area is in use the main entrance door and lobby door shall not be propped open.

In the interests of the amenities of the locality.

6 At no time shall live or amplified music be played outside the building.

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

Attention is drawn to the following justifications:

Policy S3: Development in the Central Shopping Area (Unitary Development Plan). Policy S10: Conditions on Development in Shopping Areas (Unitary Development Plan). Policy BE5: Building Design and Siting (Unitary Development Plan). City Centre Living Strategy. Interim Planning Guidance on Night Time Uses. The Devonshire Quarter Action Plan.

The principle of the proposed land use is supported by the relevant policies within the Sheffield Unitary Development Plan.

Given its limited scale and central location the proposal does not give rise to any highway concerns or have any undue impact on the safe flow of pedestrians.

The proposed café screens are used throughout the city centre and give rise to no design concerns.

With restrictions on hours and how the area is managed the proposal is considered to strike the correct balance between protecting existing residential amenity and allowing a modest expansion of a local business.

Attention is drawn to the following directives:

1. The applicant is advised that the wider area can be the subject of anti social behaviour during local football match days and it would be prudent to remove the outside seating area entirely on these days. At least the applicant should only allow patrons using plastic glasses and bottles to use the outside area on these days.

2. The applicant is advised that they are responsible for ensuring that patrons using this area behave in a responsible and respectful manner, particular note is made to the proximity of residential properties in this regard. If complaints are received in respect of excessive noise or anti social issues emanating from users of this area the City Council may call in the premises licence for review.

3. The applicant is advised that they will require a highway licence which should be obtained via Paul Turner in Highways Co-ordination (Tel. 0114 273 6137).

Site Location

LOCATION AND PROPOSAL

This application relates to a section of highway flanking the eastern elevation of The Green Room Public House, which is set on the corner of Devonshire Street and an 11.5 metre wide tree lined walkway that leads to Eldon Street.

The applicant proposes to change the use of this section of land into an outside seating area to be used in association with The Green Room with five tables and seating for 20 covers. This seating area is proposed to be ten metres in length and three metres in width and would be utilised until 21:00 hours Sunday to Thursday and until 22:00 hours on Fridays and Saturdays.

The Edwardian 2/3 storey buildings on the northern side of Devonshire Street, which includes The Green Rom and the adjacent Grade II Listed 140 – 146 Devonshire Street, have significant architectural character. Devonshire Green is set across Devonshire Street and there area several other bars in the vicinity of the application site with outside seating areas, including The Forum and Vodka Revolution.

The site is located within the Central Shopping Area and an Area of Special Character as defined by the adopted Sheffield Unitary Development Plan. The site also forms part of the Devonshire Quarter Action Plan area.

PLANNING ASSESSMENT

Land Use

The Devonshire Quarter Action Plan identifies a desire to increase opportunities for street seating in the area.

Policy S3: Development in the Central Shopping Area within the UDP states that Public Houses (Use Class A4) are a preferred use.

It is considered that the expansion of this public house use and the creation of outside seating is in accordance with the principles of the above policy documents.

Residential Amenity

The Devonshire Quarter Action Plan identifies a need to ensure proposals have a minimal impact on existing and future residents.

Section b) within Policy S10: Conditions on Development in Shopping Areas of the UDP states that new developments or change of use applications should not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions including air pollution and noise.

City Centre Living Strategy (CCLS)

The CCLS was approved by Cabinet in 2004 and forms Supplementary Planning Guidance. One of the key goals of this document is to ensure that potential conflict between residential uses and late night venues is managed.

Interim Planning Guidance on Night Time Uses (IPG)

The IPG aims to find a harmony and balance between city centre living and a vibrant night-time economy, in order to ensure a successful city centre in both senses.

There are several residential properties within the vicinity of the application site; most notable are residents on the upper floors of 140 – 146 Devonshire Street which are set on the opposite corner of the walkway and have windows opening onto this walkway. With this in mind and in order to strike the correct balance between protecting residential amenity in this city centre location and supporting the limited expansion of a local business it has been agreed that the outside seating area will only be used until 21:00 hours Sunday to Thursday and until 22:00 hours on Fridays and Saturdays. Further mitigation measures such as limiting seating numbers will also be employed to further ensure amenity is suitably protected.

32 Design

Section b) within Policy S10: Conditions on Development in Shopping Areas of the UDP states that new developments or change of use applications should be well designed and of a scale and nature appropriate to the site.

Policy BE5: Building Design and Siting within the UDP states that good design and the use of good quality materials will be expected in all new and refurbished buildings and extensions.

The applicant has provided details of the café screens that are proposed, which are in keeping with those already used throughout the city centre.

The proposal is therefore considered to be in accordance with the relevant design policies.

Highways

Section f) within Policy S10: Conditions on Development in Shopping Areas within the UDP states that new developments or change of use applications should be adequately served by transport facilities, provide safe access to the highway network and appropriate off-street parking.

Given the scale of the proposal and the highly sustainable city centre location not undue pressure will be placed on the existing highway network.

As the proposal will only take up three metres of this walkway which is 11.5 metres in total width there will be no undue impact on pedestrian flow or safety.

The proposal is therefore considered to comply with Policy S10 f).

SUMMARY AND RECOMMENDATION

The principle of the proposed land use is supported by the relevant policies within the Sheffield Unitary Development Plan.

Given its limited scale and central location the proposal does not give rise to any highway concerns or have any undue impact on the safe flow of pedestrians.

The proposed café screens are used throughout the city centre and give rise to no design concerns.

It is therefore recommended that the application be granted with conditions.

Case Number 10/01808/CHU

Application Type Planning Application for Change of Use

Proposal Application to extend opening hours of hot food takeaway to 03:00 hours the following day Sundays to Thursdays and 03:30 hours the following day on Fridays and Saturdays (Application under Section 73 to vary condition No. 3 (opening hours) of Planning Application 09/00343/FUL) (Amended Description)

Location 26 - 30 Division Street Sheffield S1 4GF

Date Received 02/06/2010

Team CITY CENTRE AND EAST

Applicant/Agent Mr A Shah

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the use of the building as a hot food takeaway until 03:00 hours the following day on Sundays - Thursdays and until 03:30 hours the following day on Fridays and Saturdays would result in an unacceptable level of noise and disturbance to the occupiers of nearby residential properties. As such the proposal is contrary to the aims of Policy S10 of the Unitary Development Plan.

Site Location

LOCATION AND PROPOSAL

This application relates to an existing hot food takeaway shop that is currently trading as ‘Food Express’ (Use Class A5) and operates at 26 – 30 Division Street. This unit is located at the junction of Division Street with the entrance positioned on the Carver Street elevation. As a corner site, the hot food takeaway has shop windows facing both highways.

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

This application seeks planning permission to extend the current hours of opening for the hot food takeaway use to 03:00 hours Sunday to Thursday and 03:30 hours on Fridays and Saturdays. The original submission of this application proposed to open until 03:30 hours on any day but has been revised by the Applicant during the course of this application.

The premises is presently consented to operate between 0900 hours and 0100 hours, Sunday to Wednesday and Public Holidays, and 0900 hours and 0200 hours Thursday to Saturday and Sundays preceding Public Holidays. Since January, the takeaway has opened later following allowance of later hours which

36 was granted by Members in January 2010. The hours and planning history are discussed in detail below.

RELEVANT PLANNING HISTORY

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

In November 2009 an application was re-submitted. The details of the application were as per the above submission but with longer opening hours until 03:00 hours on any day. The applicant originally proposed to open until 03:30 hours on any day but was revised to 03:00 hours following discussions with Officers during the course of the application.

This application (ref. 09/03526/FUL) was recommended for approval by officers, for a temporary 12 month period. However, at the Area Board meeting (5th January 2010), Members voted to further reduce the days/hours proposed. It was agreed to allow extended opening hours for a trial period of just 6 months as Members had concern about the impact of the use on neighbouring residents and the track record of the premises breaching hours of use in the past. The allowed opening hours for this period were also reduced to 02:30 hours Sunday to Wednesday and Public Holidays, and 09:00 hours to 03:00 hours Thursday to Saturday and Sundays preceding Public Holidays. After the 6 month period ended the use was required to revert back to the original approved hours. The trial period ended on 5th June 2010.

SUMMARY OF REPRESENTATIONS

There have been a total of thirteen representations have been received.

Letters of Objection:

Four letters of objection have been received from residents of Cambridge Court. Also an objection from Councillor Jillian Creasy has been received. In summary, the objections refer to:

- The site is immediately opposite residential premises at Cambridge Court. The noise from people coming and going late into the evening disturbs the residents who live in the flats.

- On many occasions the shop doesn’t even close at the times imposed by the Council and it trades until past 4am – especially on Bank Holidays and big student nights.

- The Council wisely restricted the hours of use that were previously proposed by the Applicant.

- Despite indoor seating, people still have to come and go, and after drinking they are more likely to be rowdy. In the space of one week (13th – 19th June) there were two major fights in the street. Groups of people are now hanging around until the early hours as it is becoming a place where people congregate both inside and out.

- People hailing taxis, even in a completely orderly fashion, create noise and congestion in the area. Carver Street is becoming a taxi rank and is causing traffic jams on such a narrow road.

- Residents in the City Centre should be able to have relative peace for a few hours a night. The Council has been flippant in the past by taking the view that people who live in the city centre should expect noise. This is the source of the problem as over the years more bars and clubs have been allowed to open in the area. Therefore, takeaway uses now want to open longer to attract these customers leaving the late bars/clubs. Isn’t it about time that the Council looked at reducing the hours in some of the venues that are near to residential homes?

- The Cambridge Court complex suffers from poor sound proofing and it was built before new laws were introduced to help block out noise for City Centre residents.

- It is questioned as to why the premises needs to open until 03:30 hours on a Sunday morning as there are no venues open at that time within the vicinity.

Letters of Support:

Nine letters of support have been received. Six of the letters are from door security officers and one letter is from another employee of nearby bars (Ruby Lounge, Yates (x 2), and Crystal (x 3)). There remaining 2 letters of support are from residents of Cambridge Court. These letters state:

Since Food Express has increased its opening hours there is a lot less nuisance and rowdy behaviour on the street outside. The takeaway has helped by allowing people to use the toilets and also by serving food. It has calmed people down after the affects of alcohol.

- There is no objection to the proposal to extend the opening hours. The area is full of clubs and bars and there is no difference whether the takeaway is open or not.

38 PLANNING ASSESSMENT

Policy Issues

The application site lies within the Central Shopping Area as defined in Sheffield’s adopted Unitary Development Plan (hereafter, UDP).

Policy S3 of the UDP relates to development within the Central Shopping Area and states that shops (A1), offices used by the public (A2), food and drink establishments (A3 – A5) and housing (C3) are preferred planning uses within the City Centre. The application site has previously been used as a restaurant and has been operational as a hot food takeaway for some time. The principle of the use has previously been established and considered entirely appropriate within the City Centre.

The City Centre Living Strategy (CCLS), which was adopted by the Council as supplementary planning guidance in April 2004, seeks to guide future housing development in the City Centre. Guideline 10 of the Strategy states that, in locations where the residential amenity of residents will not be seriously affected, the extension of A3 – A5 hours could be appropriate, provided that music is not the main attraction. However, in certain identified Quarters, the amenity of residents during night-time hours is considered to be important and so, for developments involving pubs, bars and restaurants (including hot foot takeaways) it is appropriate to restrict opening hours in order to prevent undue disturbance. The CCLS advises that in the Devonshire Quarter and the Heart of the City Quarter, restaurants will be permitted to open until 0100 hours.

However, the CCLS pre-dates the most recent licensing laws and did not differentiate between the various food and drink uses. Accordingly, in October 2005 the Council adopted Interim Planning Guidance on Night Time Uses (hereafter, IPG), which sought to pre-empt the introduction of the Licensing Act 2003 and its intention that no closing hours should be specified unless there are exceptional circumstances to limit the hours of opening. It also made specific reference to hot food takeaway shops. The IPG sought to identify two areas of the City Centre where time limits should be places; in part of the Heart of the City/Cathedral Quarter (bounded to the west by Leopold Street and Townhead Street and to the east by Arundel Gate/Angel Street) and the Broomspring Area of the Devonshire Quarter.

This application lies outside the controlled area where it is determined that hours of use should be specifically restricted. Accordingly, it is considered that the most significant issue in the determination of this application is the potential impact on the amenity of residents, in particular, those living opposite the site in Cambridge Court.

Residential Amenity Issues

Policy S10 of the adopted UDP relates to ‘Condition on Development in Shopping Areas’ and is relevant to this application proposal. Item (b) of the policy states that

39 development should not cause residents to suffer from unacceptable living conditions, including noise and other nuisances.

The IPG on Night Time Uses also acknowledges that the overall amenity of present and future residents should be protected from undue noise and disturbance after a reasonable time of night but significantly, it also highlights that people living in the City Centre cannot expect to experience the same levels of quiet as the more suburban parts of the City. As stated above, the main amenity issues arising from this proposal is the impact on local residents, and particularly those within closest proximity to the premises at Cambridge Court, which lies directly opposite the site on Division Street.

It is considered important to reiterate that the previous planning history at this site. The previous permission, ref. 09/03526/FUL, originally sought permission to open until 0330 hours on any day. Officers considered that these hours were too late and a reduced proposal until 0300 hours on any day for a temporary period of 12 months on any day was eventually agreed. Members, however, had even greater concern and voted to reduce the days/hours even further and the approved hours are listed above.

The main concern surrounding application is once again the request to open until 03.30 hours on Fridays and Saturdays. There is significant concern that residents living in close proximity of the takeaway unit (namely in Cambridge Court) will potentially be affected by excessive noise disturbance from people using the takeaway later into the evening. In particular there is concern about the potential noise disturbance from patrons entering and leaving the premises, waiting outside the premises and dispersing into the surrounding areas.

Local residents may experience noise from people waiting to enter the premises, standing outside consuming food and/or smoking. This disturbance includes people’s voices: talking, laughing and shouting when communicating with one another or using mobile phones. Noise can also be experienced from patrons congregating outside hailing taxis as people leave the premises.

It is the acknowledged that the temporary permission instigated by Members in January 2010 - until 02:30hours Sunday to Wednesday and until 03:00hours Thursday to Saturday - has resulted in no increased complaints about noise and disturbance. The Applicant, therefore, has argued that this absence of complaints indicates that it would be acceptable to trial a later period - until 03:30hours. However this was not the purpose of the temporary permission and the trial period was instigated to discover the impact of opening until 02:30 hours and 03:00 hours because the Council had concern about the impact of opening until the late hour proposed. The trial period gives no indication that opening until a later time (i.e. 03:30 hours) will be acceptable at this site.

Indeed, in order to be sure that the hours previously approved are acceptable on a permanent basis, the Applicant has been advised by officers that their next step should be to apply to extend the previously allowed opening hours for a further 6 months in order to allow assessment of these later times throughout the summer months when noise issues are more likely to result in complaints. Better weather

40 conditions mean that patrons are more likely to be encouraged to congregate outside the premises for longer and result in residents being more likely to want their windows open.

RESPONSE TO REPRESENTATIONS

The main issues raised by the representations are dealt with in the main assessment of this report.

SUMMARY AND RECOMMENDATION

This application seeks an extension of opening hours of the premises until 03:00 hours, Sunday to Thursday, and until 03:30 hours on Fridays and Saturdays. The extension of hours to this City Centre premises is a balance between ensuring the vitality and vibrancy of the City Centre and protecting the amenity of residential occupiers in that area. The use must also not adversely affect the shopping role of the City Centre. In this case, there are residential premises positioned directly opposite the site and there is significant concern that allowing the premises to open past 03:00 hours on any day could result in the residents of Cambridge Court being affected by the excessive noise disturbance and nuisance generated by people using the takeaway later into the evening.

Therefore, it is concluded that the application proposal for an extension of opening hours at this site is unacceptable and fails to accord with Policy S10 of the UDP and the content of the IPG on Night Time Uses. It is considered to be no significant material change in circumstance, since the previous planning application to extend the opening hours was determined (around 8 months ago), to warrant the opening hours proposed.

Taking the above into account, it is therefore recommended that the application is refused.

Case Number 10/01792/FULR

Application Type A Full Replacement Planning Application

Proposal Erection of 4 units for use as car dealerships, provision of car parking accommodation and associated enabling works (Application to extend time limit for implementation of application no. 07/02074/FUL)

Location Land Adjoining Sheffield Road, Vulcan Road, Meadowhall Way And Site Of Former Staybrite Works Sheffield

Date Received 01/06/2010

Team CITY CENTRE AND EAST

Applicant/Agent Drivers Jonas Delottie (Leeds)

Recommendation GRA GC subject to Legal Agreement

Subject to:

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

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

2 Before construction of specific buildings details of the following matters shall be submitted to and approved by the Local Planning Authority. Thereafter the proposals shall be implemented in accordance with the approved details.

1. Typical sections a 1:20 through each building showing the depth of reveals to openings or set backs where materials change. 2. Larger scale details of eaves and external handrails and main pedestrian entrances to buildings. 3. A scheme for externally lighting the buildings. 4. Details of how public art will be incorporated into the scheme. 5. Detailed specifications of the glazing systems to be used. 6. The location number and design of the cycle stands and covers. 7. Details of dropped crossings within the site.

In the interests of the amenities of the locality.

42 3 Before construction of the specific element to which they relate, details of all proposed external materials and finishes, including windows, shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

4 There shall be no cars displayed forward of the buildings facing onto the highways adjoining the site.

In the interests of the visual amenities of the locality.

5 Travel Plan required prior to occupation (For all developments requiring Travel Plans)

Prior to the occupation of any part of the development, a detailed Travel Plan(s), designed to reduce the need for, and impact of, motor vehicles, increase site accessibility and to facilitate and encourage alternative travel modes, shall have been submitted to and approved in writing by the Local Planning Authority. Where there has been a previously approved Framework Travel Plan for the proposed development, the detailed Travel Plan(s) shall be developed in accordance with it. The Travel Plan(s) shall include:

1. Clear and unambiguous objectives and modal split targets; 2. An implementation programme, with arrangements to review and report back on progress being achieved to the Local Planning Authority for written approval of actions consequently proposed, at intervals of one, three and five years from occupation; 3. Arrangements to carry out a user survey(s), the results of which shall be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

On occupation, the approved Travel Plan(s) shall thereafter be implemented, subject to any variations 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.

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

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 in writing by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

8 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.

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

In the interests of the amenities of the locality.

10 Before the landscaping works are implemented details of the design of tree pits, including details of tree grills and uplighters for the trees on the Sheffield Road and Vulcan Road frontages shall be submitted to and approved by the Local Planning Authority. Thereafter the scheme shall be implemented in accordance with the approved details.

In the interests of the amenities of the locality.

11 Prior to any of the hard landscaping works being carried out, a detailed hard landscape layout for the site showing the location and layout of the different paving materials shall be submitted to and approved by the Local Planning Authority.

In the interests of the visual amenities of the locality.

12 Prior to the hard landscaping works commencing details samples of the paving materials including the aggregate finish to the resin bond paths shall be submitted to and approved by the Local Planning Authority.

In the interests of the visual amenities of the locality.

13 Before construction of the individual buildings, full details of the green/brown roof construction, specification, including details of a quality specification and maintenance schedule shall be submitted to and approved by the local Planning Authority. The proposed green/brown roofs shall be provided as

44 shown on the approved plans and implemented prior to the occupation of the buildings. The roofs shall include a substrate based growing medium of 70mm minimum depth. The vegetation type shall be herbaceous plants and/or self-colonized plants but not including sedum species. The roof as a whole shall be designed to retain a minimum of 60% annual rainfall and a minimum of 80% of the roof areas shown shall be vegetated. Unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the visual amenities of the locality.

14 With the exception of the area of the raised former railway embankment, no development work which would result in works below existing ground level, 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.

15 Prior to the commencement of any construction of buildings, a detailed scheme for the foundation design shall have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

To ensure that ground disturbance is restricted to a minimum and is carried out in the agreed manner to preserve archaeological remains in situ.

16 If during development contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed by the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the LPA for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

To protect the water environment and ensure the site is remediated to an appropriate standard.

17 Piling or other forms of foundation designs using penetrative methods will not be permitted other than with the express consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.

The site is potentially contaminated and piling could lead to the contamination of the underlying aquifer.

45 18 Before construction of the buildings commences, a sustainable urban drainage scheme in which the discharge rate will be limited to a maximum of 50 l/s per gross hectare shall be submitted to and approved by the Local Planning Authority. This shall include detailed calculations to demonstrate the reduction in run-off. The approved scheme shall be implemented and maintained in accordance with the timing/phasing arrangements embodied within the scheme or alternative period agreed in writing by the Local Planning Authority.

To limit surface what runoff and flooding downstream in accordance with PPS25.

19 The areas identified for customer and staff parking on plan 11355-012-SK11 Rev P1 shall be provided before the buildings are brought into use 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.

20 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 buildings are brought into use.

Highway Improvements:

1. The junction of Meadowhall Way with the eastern entrance to the central deck car park. 2. Footpath improvements including the provision of a cycle lane to the Sheffield Road, Vulcan Road and Meadowhall Road footpaths adjoining the site frontage. 3. Provision of a Toucan crossing to the Vulcan Road pedestrian crossing.

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

21 Notwithstanding the details shown on the submitted plans the proposals for the Meadowhall Way and eastern entrance to the central deck car park are not approved as part of this consent. Prior to the improvement works indicated in the preceding condition being carried out, full details of these improvement works shall have been submitted to and approved in writing by the Local Planning Authority.

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

22 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.

23 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.

24 The buildings shall not be used unless details have been submitted to and approved in writing by the Local Planning Authority, showing how surface water will be prevented from spilling onto the public highway. Once agreed, the measures shall be put into place prior to the use of the buildings commencing, and shall thereafter be retained.

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

25 Before construction of the buildings commences, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided:

a) A minimum of 10% of the predicted energy needs of the of the completed development being obtained from decentralised and renewable or low carbon energy; and

b) The Generation of further renewable or low carbon energy or incorporation of design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20% calculated against Building Regulations (2006) Target Emission Rate. This would include the decentralised and renewable or low carbon energy to satisfy (a)

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

47 connection or measures shall be retained in use and maintained for the lifetime of the development, unless otherwise agreed in writing by the Local Planning Authority.

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

26 Before construction of the buildings commence a report demonstrating how the sustainability features listed in the e-mail dated 07.08.07 will be accommodated in the development shall be submitted to and approved by the Local Planning Authority. The approved details shall be implemented before the buildings are occupied.

In the interests of encouraging sustainable development in line with the objectives of the Lower Don Valley Masterplan.

27 Notwithstanding the details shown on the submitted plans the use of tarmac for the both the roads and parking bays throughout the car park is not approved as part of this consent.

In the interests of the visual amenities of the locality.

28 The construction works and remediation works shall be carried out in accordance with the mitigation measures set out in the Air Quality report and the ground contamination reports.

In the interests of the amenities of the locality.

29 Notwithstanding the details shown on the submitted plans the cycleway around the edge of the site shall be a segregated route (by the use of block paving or concrete kerb) adjacent to the footway, the cycle route shall have a minimum width of 2.0 m and the footway shall be a minimum of 1.8 m.

In the interests of the amenities of the locality.

30 Finished floor levels of the development allowed by this permission shall be set no lower than 35.10 metres above Ordnance datum and the crest of the lower section of railway embankment shall not be reduced in height any lower than 36.50 m above Ordnance Datum (AOD).

To reduce flood risk, as recommended by the Flood Risk Assessment.

31 No development approved by this permission shall be occupied until a scheme for the provision of an evacuation plan has been submitted to and approved in writing by of the Local Planning Authority. The scheme shall be incorporated in to the site health and safety file in accordance with the approved details.

48 To provide safe evacuation during flood events and reduce reliance on emergency services, as recommended by the FRA.

32 The development of buildings and hard standing other than the access roads as approved by this permission shall not be begun until a scheme for the provision of porous paving and brown roofs has been submitted and approved in writing by of the Local Planning Authority. The scheme shall be implemented in accordance with the approved program and details.

To prevent the increased risk of flooding as recommended by the FRA.

33 If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

To protect the water environment and ensure that the site is remediated to an appropriate standard.

34 Piling or any other foundation designs using penetrative methods will not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.

The site is potentially contaminated and piling could lead to the contamination of the underlying aquifer.

35 The development hereby approved shall be constructed to achieve a minimum rating of BREEAM ‘very good’ and before the development is occupied (or within an alternative timescale to be agreed) the relevant certification, demonstrating that BREEAM ‘very good’ has been achieved, shall be submitted to and approved in writing by the Local Planning Authority.

In the interests of mitigating the effects of climate change, in accordance with Sheffield Development Framework Core Strategy Policy CS64.

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

07-016-(01)-001 PL0, (06)-001 PL1, (07)-001 PL1, (07)-002 PL1, (07)-003 PL1, (07)-004 PL1, (07)-010 PL1, (07)-020 PL0, (07)- 021 PL0, (07)-010 PL0, (07)-030 PL0, (08)-001 PL2, (08)-020 PL0, (08)-030 PL0, (09)-001 PL1, (09)-010 PL1, (09)-020 PL0, (09)-010 PL0, (09)-030 PL0, Brown Roof detail May 2007, Eastwood and Partners Enabling works, HED Landscape planting plan and Landscape masterplan, HED future development areas and embankment realignment,

49 unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

The decision to grant permission and impose any conditions has been taken having regard to the relevant policies and proposals form the Yorkshire and Humber Plan, the Sheffield Development Framework and the Unitary Development Plan set out below:

CS3 - Locations for Office Development , CS5 - Locations for Manufacturing, Distribution/Warehousing and other Non-office Businesses , CS7 - Meadowhall , CS59 - New Roads , CS64 - Climate Change, Resources and Sustainable Design of Developments , CS65 - Renewable Energy and Carbon Reduction CS66 - Air Quality , CS67 - Flood Risk Management

As this is an application to extend the life of an existing permission, which was judged to acceptable 3 years ago, the assessment has concentrated on those issues that have changed over the intervening period.

The key areas of change relate to planning policy, sustainability policy, flooding, and transport and air quality. The assessment shows that the proposal is still consistent with updated policy and the impact on flooding, transport and air quality all falls within acceptable bounds.

The layout and design of the scheme remains unchanged. It is therefore concluded that the design, economic, sustainability and regeneration benefits of the scheme outweigh the concerns about the loss of ecological value that will result from the reduction of the railway embankment.

50 Site Location

LOCATION AND PROPOSAL

New regulations came into force in October 2009 which enable the time limit for implementing existing permissions to be extended. These were introduced in response to the downturn in the commercial property market. Local Planning Authorities are encouraged to look positively on these proposals. Their assessment should concentrate on any significant changes since the original permission was granted.

The development of this site has been delayed due to the recession. The applicant is actively marketing the site and is in the final stage of negotiations with a prospective occupier; therefore they wish to extend the life of the permission

The application site is located on the south side of the Meadowhall Centre between Sheffield Road, Meadowhall Way and Weedon Street. It has an area of 8.7 hectares and comprises of three distinct areas.

The north eastern part of the site is an undeveloped plot of land of approximately 4 hectares, which has prominent frontages to Sheffield Road and Meadowhall Way.

52 It contains no landscape features, is level and accommodates a basement of an aborted leisure scheme commenced in the early 1990s.

To the south west of the above site there is a railway embankment, which was heavily vegetated until it was cleared by the applicant.

To the south west of the railway embankment is an area of underused industrial land, which comprises of concrete hard standings and one industrial workshop. It is screened to a large extent from its surroundings by the railway embankment, car showrooms that front onto Sheffield Road and the listed former Tramshed located at the corner of Weeden Street and Sheffield Road,

The application proposes the erection of 4 car showrooms/servicing buildings fronting Sheffield Road/Meadowhall Way/Vulcan Road. These buildings will have a combined floor area of 11,700 sqm. All the dealerships will be relocated from existing sites however the new premises will be larger. It is estimated that between 290-295 people will be employed on the car showroom site. The built form is laid out to create a perimeter of buildings to the road frontage with parking and display areas to the rear. The buildings are generally 7-9m high which is similar in scale to modern industrial buildings however elements do rise up to 13m. The BMW dealership is the largest the General Motors and VW dealerships are smaller but of a similar scale to each other whilst the Mini building is considerable smaller. The BMW and VW dealerships have been designed so that their fully glazed double height showrooms address the two roundabouts that adjoin the site. The General Motors and Mini showrooms also face onto the highway, the former having a double height glazed showroom whilst the later is predominantly single storey. The main facing materials are metal rainscreen panels, terrocoatta rainscreen cladding, glazing and timber brise soleil. The buildings have flat roofs and each of the showrooms provides an area of green/brown roof, the three larger showrooms also have roof parking above the workshop areas.

A generous public realm is proposed along the road frontage of the site, particularly along the Sheffield Road and Vulcan Road frontages where the hard and soft landscaping zone is between 10-14m deep. The road frontage is to be paved in concrete setts with feature areas paved in yorkstone and green granite. An avenue of large Oaks, London Planes and Limes is to be planted along the road frontage. Within the site avenues of Lime, Maple, Birch and Hornbeam along with hedges and mass ground cover planting is proposed to define the edge of the road, pedestrian routes and to break up parking areas.

A new signalised access to the site is to be provided mid-way along the Meadowhall Way frontage. This will former a staggered junction linked in with an access to the Meadowhall central deck car park and may allow for all movements. The new junction will provide a pelican crossing and the signals will allow for additional pedestrian crossing phases. A total of 850 parking spaces will be provided on site, the breaks down into 88 customer spaces, 6 disabled spaces, 133 staff spaces, 140 spaces for the servicing, 242 display spaces and 224 spaces for demonstrators, new car inventory, after sales parking, new vehicle stock, courtesy parking.

53 Along the south western edge of the car showroom site a 180m section of the railway embankment is to be removed and replaced with a landscaped footpath cycle route on the same alignment. This pedestrian corridor varies between 14 and 24m wide and is raised 1.5m above the surroundings to act as a flood defence. Either side of the 3.2m wide shared footpath/cycle route there will be an 1.5m wide area of material reclaimed from the railway embankment and beyond this native wildflower, scrub and birch stands. The eastern part of the site fronting Meadowhall Way, which is approximately 0.95 of a hectare, is to be reserved for a future as yet unknown development. It will be landscaped as a lawn area in the interim.

To the south west of the existing embankment there is an area of underused industrial land incorporating the foundations of demolished buildings. The site is to be reclaimed by removing foundations, crushing the material and compacting ground. It is also proposed to temporarily store some of the material from the section of railway embankment that is to be removed. This will form a mound approximately 4m high by 100m long by 75m wide.

The scheme is unchanged from that approved in Aug 2007. However the, policy assessment, sustainability statement, transport statement, air quality statement and flood risk assessment have been updated.

RELEVANT PLANNING HISTORY

Planning permission was granted in August 2007 for the erection of 4 units for use as car dealerships, provision of car parking accommodation and associated enabling works, planning permission 07/02074/FUL

Between the late 1980s and 1995 the car showroom site has been the subject of a number of approvals for leisure developments none of which have been implemented.

SUMMARY OF REPRESENTATIONS

Rotherham Metropolitan Borough Council has no objections to the proposal.

PLANNING ASSESSMENT

Policy Issues.

The main changes in policy since the previous consent are;

- Planning policy statement 1 ‘Delivering Sustainable Development ‘Supplement. - Planning policy statement 4 ‘Planning for Sustainable Economic Growth’ - Planning Policy Statement 25 ‘Development and Flood Risk’ (March 2010) - The Regional Spatial Strategy Yorkshire and Humber (May 2008). - Sheffield Core Strategy (March 2009).

The supplement to Planning Policy Statement 1 seeks to ensure that;

- Environmental performance is designed into the development. - Requirements for renewable energy are taken into account and energy consumption is minimised. - Public open space is provided. - Sustainable urban drainage and water recycling is considered. - Waste is managed sustainably. - Sustainable transport is considered.

Renewable energy and sustainable design features are considered in more detail below. The development will provide some public open space as part of the regarding of the railway embankment. The scheme incorporates sustainable urban drainage which will reduce the run off from the site; this is achieved by permeable paving and brown roofs. Sustainable waste management is being secured by the applicant’s commitment to ensuring that 15% of the total material value will be derived from recycled content and the main contractor will be required to arrange and identify opportunities to minimise waste arising from construction. The site is considered to be well served by public transport and is close to the Tinsley tram stop. It is adjacent to a designated high frequency bus route and improved pedestrian and cycle facilities will be provided as part of the development.

Planning Policy Statement 4 seeks to encourage sustainable economic growth. It advises that Local Planning Authorities should be positive and constructive towards applications for economic development particularly those that secure sustainable economic growth. It also states that Local Planning Authorities should consider;

- Whether the development has been designed to limit carbon emissions and is resilient to climate change. - Whether it is accessible by a choice of means of transport, and its impact on traffic levels. - Whether it secures a high quality design. - The impact on deprived communities and social inclusion objectives. - The impact on local employment.

Sustainable design, resilience to climate change and the impact on traffic levels are considered in more detail below. In the original application report it was concluded on design that, “the applicants have demonstrated with their design led approach that the scheme will provide a good quality development on this important site. It will represent a significant uplift in quality on the existing development that surrounds the site and in this respect responds to the gateway location.” As the design is unaltered, this conclusion remains the same. The proposal will provide 295 jobs although some of these will be transferred jobs. Many of the jobs are likely to be sourced locally and there will be spin offs during the construction phase such as employment and benefits to local companies supplying materials, products and services.

Planning Policy Note 25 relates to flooding and these issues are considered in more detail in the flooding section below.

55 The Government has announced that it is to abolish Regional Spatial Strategies and whilst the relevant policies are considered in the detailed sections below they should be given little weight in determining this application.

The scheme has been reviewed against the Core Strategy policies and generally accords with these policies. Core Strategy Policy CS 3 promotes the area around Meadowhall for offices. CS 5 promotes the Lower Don Valley for non-office business uses. Core Strategy Policy CS 7 relates specifically to the area around Meadowhall, and states that the predominant land uses will be for employment, including office development and non-office business uses. Housing may be including as part of mixed-use development provided other environmental conditions are satisfactory. The proposal is clearly a non-office business use and in this respect accords with these Core Strategy Policies. The River Don Development (RRD) is part of the same policy area and consists of a mixed development of offices and housing. Given that the prime focus for offices should be in the City Centre and the RDD incorporates as significant proportion of housing, there is considered to be no need to promote these uses on this site.

Policy CS 59 identifies the M1 junction 34 relief road (Half Penny Link) as a proposed new road. The link is to be partly funded through developer contributions. A S106 has been submitted to secure a contribution to this road and this is considered in more detail below. Core Strategy policy CS 64 seeks to encourage sustainable design by ensuring that new buildings are designed to achieve a BREEAM rating of very good. Policy CS 65 sets a minimum target of 10% of the sites energy needs being met from renewable or low carbon energy generated on site. It also requires the overall predicted carbon emissions to be reduced by 20% from the 2006 building regulations, by either sustainable design features or further renewable or low carbon energy generation. The applicants response to these polices is considered in more detail below in the sustainability section. Policy CS 66 says action will be taken to protect air quality and improve it particularly where residents in road corridors are exposed to levels of pollution above the national targets. This is considered in more detail in the air quality section below. Policy CS 67 seeks reduce the extent and impact of flooding by requiring developments to limit surface water run off and adopt sustainable urban drainage where practical and feasible. This is considered in more detail in the flood risk section below.

Sustainability.

The scheme approved in 2007 was considered to be a sustainable development as the site to be developed comprises of brownfield land, and it is well served by public transport and has good pedestrian and cycle connections. The previously agreed sustainability features as site proposed, these include, sustainable drainage techniques incorporating porous paving and pipes, brown roofs to help attenuate rainwater runoff and mitigate the ecological impact of the removal of the railway embankment. Rainwater and grey water recovery and recycling will be adopted along with low water usage WCs and urinals. The building shape, façade orientation and shading effects have been designed to reduce solar gain. At least 15% of the total material value will be derived from recycled content.

56 As referred to above Core Strategy policies covering sustainable design (CS64) and renewable energy (CS65) have been adopted since the 2007 consent. The applicant carried out a pre-development BREEAM assessment in connection with the original application. This suggested the development will achieve a very good rating and therefore shows that it complies with Core Strategy policy CS 64. An additional condition is proposed which will ensure the development achieves this design target.

The wind speeds on the site are not sufficient to generate worthwhile amounts of electricity. The buildings will incorporate solar thermal panels and a geothermal energy system. The solar thermal panels will be located on the roof of the development and supplement traditional water heating methods. The geothermal energy system would consist of underground pipes that absorb low-grade heat from the earth and transfer this into an internal heating system. The system is intended to meet 50% of the peak heating load, the remainder being provided by high efficiency gas fired boilers. The above measures are expected to meet 20.41% of the predicted energy needs of the car dealership. This is well in excess of the 10% target required by Core Strategy policy CS 65. The Co2 savings of the renewable energy technologies are expected to be just over 20%, which is the target in policy CS 65. However when the energy efficiency and passive design features (such as those that will be incorporated to achieve BREEAM Very Good) are considered, the Co2 savings will be well in excess of the targets required by policy.

In conclusion the scheme is considered to meet the sustainability objectives of the new national guidance adopted since the previous consent and the Core Strategy Sustainability policies.

Flooding Issues.

The Councils Strategic Flood Risk Assessment shows the application site as falling within flood zone 2. At the time of the previous application the land to the south west of the railway embankment fell within flood zone 3 and the car showroom site within flood zone 2.

The sequential assessment in Planning Policy Statement 25 seeks to direct development to the lowest flood risk zone. Although the Strategic Flood Risk Assessment shows the site as being within flood zone two the Environment Agency has accepted that specific information from the 2007 flood suggests that the site would be more accurately positioned within flood zone 1. As flood zone 1 is the lowest flood risk zone this there is no need to carry out a sequential assessment for this development.

Planning policy statement 25 ‘Development and Flood Risk’, requires the flood risk to development to be assessed in a 1 in 100 year flood with an allowance for climate change. Additional flood modelling has taken place since the original application was determined and the June 2007 floods. This shows that the 1 in 100 year flood plus climate change does not affect the main part of the site to the east of the railway embankment where the car showrooms are to be constructed. It would encroach slightly on the south west corner of the site to the west of the

57 railway embankment that is to be used for temporary storage of material from the regarded railway embankment. This suggests that the land to the east of the railway embankment lies in flood zone 1 and the land to west lies in flood zone 2. PPS 25 defines car showrooms as ‘Less Vulnerable’ development. Less Vulnerable development is appropriate for flood zones 1, 2 and 3 and therefore the exception test does not need to be undertaken.

The proposed development is outside the 1 in 100 annual probability flood event, in an area defended from flooding. Therefore the development of the car showroom site will not lead to a loss of potential floodplain storage nor affect flood flow routes.

The area flooded in June 2007. This event is estimated to have a return period greater than 1 in 200. The land to the west of the railway embankment flooded but the car showroom site did not flood. There was extensive flooding to Vulcan Road adjacent to the car showroom site.

The access to the car showroom site is off Meadowhall Way and this would not be affected by flooding in a 1 in 100 year flood plus climate change.

The flood risk assessment advises that the minimum floor level should be set 300mm above the 1 in 100 year flood event plus climate change. This equates to 35.10 Above Ordnance Datum, AOD. In order to maintain the integrity of the Meadowhall flood defences the railway embankment should be reduced to no lower than 36. 50 AOD.

The development proposals will increase the impermeable areas of the site. A surface water run-off limit of 50 l/s per hect (approximately 200l/s in total) was agreed as part of the 2007 consent. During storm periods excess surface water will be stored within the sub-base of the external paving and on the surface parking areas to a shallow depth. The surface water drainage system will incorporate Sustainable Urban Drainage techniques such as permeable paving and green/brown roofs.

The pervious scheme was judged to be acceptable in flood risk terms. Since then more accurate modelling has shown that the risk of flooding is less than was thought when the original application was considered. Therefore it can be concluded that the development is not at significant risk of flooding and should not impact significantly on flooding elsewhere. The proposal continues to be appropriate in terms of the advice is PPS 25. The scheme is considered to be resilient to climate change and consistent with Core Strategy policy CS 67.

The Environment Agency has been consulted and they have raised no objections subject to conditions being attached to establish, minimum floor levels, a minimum level for the lowered railway embankment, a surface water run-off limit, the provision of porous paving and brown roofs, and notices to be displayed indentifying a safe escape route. Their requirements have been incorporated into planning conditions.

58 Transport Issues.

The transport assessment has been updated taking into account the Regional Spatial Strategy and Core Strategy which have been adopted since the previous permission.

The Regional Spatial Strategy includes key objectives to reduce the need to travel, to promote modal shift from the car, to seek a consistent approach to parking strategies and to promote public transport. Core Strategy Policy CS 7 provides guidance on development around the Meadowhall centre. This states that a wide range of transport measures, including Travel Plans, will be employed to mitigate the transport impact of new development on the strategic road network and to reduce adverse impacts on air quality. Other measures are to include restrictions on other private non-residential parking levels and provision of the M1 34 Relief Road (Halfpenny Link). It states that the scale and density of development will be consistent with the transport capacity created by these measures. Core Strategy policy CS 59 identifies a number of new road schemes including “M1 Junction 34 relief road (Halfpenny Link). It states that the scheme is needed to connect major employment areas with the national road network and to support the economic regeneration of the Lower Don Valley. The commentary says that the schemes will be provided through Local Transport Plan funding, complemented, where appropriate, by developer contributions.

The site is well served by public transport; it is a 5 minute walk to the Tinsley Tram Stop and 10 minute walk to the Meadowhall Passenger Transport Interchange. There are bus stops on the Sheffield Road frontage of the site and on Meadowhall Way. The application will improve pedestrian and cycling facilities by;

- Providing a pelican crossing as part of the new site access junction. - Introducing a new pedestrian crossing of the access to Meadowhall’s red car park. - Provide a shared pedestrian cycle link along the south western boundary of the site linking Sheffield Road to Meadowhall Way. - Providing a new shared pedestrian cycle route along the Sheffield Road and Vulcan Way frontages of the site. - Providing pedestrian access to each of the dealerships and cross pedestrian only routs from Sheffield Road and from Vulcan Road to the new cycle pedestrian link along the south west side of the site.

The pedestrian provision will improve safety for pedestrians and access to the Meadowhall Centre and public transport. Covered cycle parking is provided within the site along with showers and lockers for use by staff.

The overall provision of parking for staff and customers is at the lower end of the Councils guidelines.

The car showroom travel plan will align with the Area Wide Travel Plan agreed as part of the River Don Development. The transport co-ordinator proposed as part of the River Don Development will ensure all the site specific travel plans are implemented to achieve the area wide approach.

Since the original planning scheme the River Don Development has been granted permission and this will have the most significant impact on transport issues in this area, planning permission (08/02594/OUT). The car showroom development was taken into account as a committed scheme within the transport assessment for this application, and the overall impact on transportation issues was found to be acceptable. However the River Don Development adds significantly to the traffic on the network and the Halfpenny Link is needed to facilitate this development, as it will relieve traffic at Junction 34S. The car showroom development will not be a large traffic generator but it will have a small impact on J34S. Developments that add additional traffic to Junction 34S are being required to make a contribution towards the Halfpenny Link. This is consistent with Core Strategy Policy CS 59 referred to above.

Given that the applicant’s are seeking a new permission it is appropriate to seek a contribution for towards the Halfpenny Link for this development. The applicant has prepared a draft legal agreement that will provide funding of £195,000 towards the Halfpenny Link, provided it goes ahead. Whilst this development will very slightly worsen congestion at this junction, before the Halfpenny Link is constructed, it would be unreasonable to delay all development in the Lower Don Valley until the road is completed.

Contributions to the Tinsley Fixed link are calculated by assessing the number of additional traffic movements that are predicted to be directed through junction 34S during the peak period. This is then multiplied by £7500 per trip. The methodology for calculating the multiplier is based on securing a 50% private sector contribution towards the new road, the rest being secured via public funding. In this case the development is predicted to contribute 26 additional trips through junction 34S during the morning peak. This results in a contribution of £195,000.

The Highways Agency has raised no objections to the proposal but directed the Council to attach a condition requiring a travel plan to be produced and implemented, as was attached to the 2007 consent. This is included within the recommended list of conditions.

It is concluded that the proposal is consistent with the Regional Spatial Strategy and Core Strategy transport policies. The traffic impact can be adequately accommodated, along with other developments permitted since the original consent. There have been no other significant changes that would call in to question granting an extended consent on this site from a transportation viewpoint.

Air Quality.

The Yorkshire and Humber Regional Spatial Strategy states that investment decisions in South Yorkshire should improve air quality, policy SY1.

Core Strategy policy CS 66 states that action will be taken to improve air quality particularly where residents in road corridors with high levels of traffic are directly exposed to levels of pollution above national targets.

60 The air quality impact of construction works on particulate emissions and traffic on nitrogen dioxide were assessed as part of the 2007 application. It was concluded that the particulate emissions would be likely to meet the national air quality standards and the likelihood of receiving complaints about dust during construction would be low. At some sites within the surrounding area the concentrations of Nitrogen Dioxide already exceed the National Air Quality Objectives. The development was not predicted to have any significant impact on the concentrations of Nitrogen Dioxide. It was therefore concluded that there is no basis for resisting this proposal on air quality grounds. A scheme for mitigating the impact of dust during construction was put forward as part of the application and secured by a planning condition.

The air quality assessment has been updated to draw on more recent air quality monitoring and to reflect new technical guidance and tools.

It concludes that with mitigation, dust during construction may cause annoyance up to 100m of the dust generating activities. There are no highly sensitive receptors within 100m of the site. There are two office blocks less than 100m from the site but these are not downwind and the likelihood of receiving complaints is small.

The modelled operational impact of the development on nitrogen dioxide at the identified sensitive receptors remains unchanged or there is a very small increase. The impact of the development on air quality is predicted to be imperceptible.

The impact on concentrations of fine particulate matter is modelled to either be small or imperceptible. It is concluded that the impact on air quality has not significantly changed since the 2007 permission. The proposed mitigation is therefore the same, that is, a series of measures to minimise the generation of dust during construction. This mitigation will be secured by condition.

SUMMARY AND RECOMMENDATION

The key areas of change relate to planning policy, sustainability policy, flooding, transport and air quality. The assessment shows that the proposal is still consistent with updated policy and the impact on flooding, transport and air quality all falls within acceptable bounds.

- the applicant entering into a legal agreement to secure the following heads of terms and subject to the proposed conditions.

61 The heads of terms listed below are considered to meet the statutory requirements for S106 agreements that are to be given weight in determining a planning application. These are, it must be;

- Necessary to make the development acceptable in planning terms. - Directly related to the development; and - Fairly and reasonably related in scale and kind to the development.

In the event that a satisfactory S106 planning obligation covering the Heads of Terms set out in below is not concluded before 25th August 2010 (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

Heads of Terms.

A contribution of £195,000 towards the construction of the M1 34 relief road, (Halfpenny Link or Fixed Link).

Case Number 10/01683/FUL

Application Type A Full Planning Application

Proposal Erection of dwellinghouse with garage (as amended 15/07/10 and 19/07/10)

Location 19 Knab Rise Sheffield S7 2ES

Date Received 01/06/2010

Team SOUTH

Applicant/Agent Mr M Ballantyne

Recommendation Grant Conditionally

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

3 The development shall be carried out in accordance with the Method Statement indicated on drawing P003 Revision B. Protection of trees shall be in accordance with BS 5837: 2005 (or its replacement) and the protected areas shall not be disturbed, compacted or used for any type of storage or fire, nor shall the retained trees, shrubs or hedge be damaged in any way. The local Planning Authority shall be notified in writing when the protection measures are in place and the protection shall not be removed until the completion of the development unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

63 4 The existing boundary wall fronting Knab Rise shall be retained, except so much as is required to be removed to provide the means of access shown on the approved plans, unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

5 The dwelling shall not be used unless the car parking accommodation for 2 cars (including the garage) 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.

6 The dwelling shall not be used unless a means of enclosure has been erected to the northern boundary of the site in accordance with details to have first been submitted to and approved in writing by the Local Planning Authority and thereafter such means of enclosure shall be retained.

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

7 The hard standing area to the front of the dwelling shall be constructed in permeable/porous paving unless otherwise agreed in writing by the Local Planning Authority and thereafter the approved permeable/porous surfacing material shall be retained.

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

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

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

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

Drawings

P003 Rev B P004 Rev A P005 Rev A

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

UDP and Core Strategy Policies: BE5 (Building Design and Siting) H10 (Development in Housing Areas) H14 (Conditions on Development in Housing Areas) CS24 (Maximising the Use of Previously Developed Land for New Housing) CS31 (Housing in the South-West Area) CS67 (Flood Risk Management) CS74 (Design Principles)

The development of this greenfield site for a single dwelling is justified in this sustainable location. The proposed development respects the character of the surrounding area, provides and maintains adequate residential amenity, minimises flood risk and provides adequate off street parking provision for the existing and proposed dwellings. Overall, the development complies with the UDP and Core Strategy policies quoted.

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

65 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. The Council is responsible for allocating house numbers and road names to both new developments and conversions of existing buildings. Developers must therefore contact the Council’s Street Naming and Numbering Officer on (0114) 2736127 to obtain official addresses for their properties as soon as construction works commence.

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. The proposed development lies within a coal mining area. In the circumstances applicants should take account of any coal mining related hazards to stability in their proposals. Developers must also seek permission from the Coal Authority before undertaking any operations that involves entry into any coal or mines of coal, including coal mine shafts and adits and the implementation of site investigations or other works. Property specific summary information on any past, current and proposed surface and underground coal mining activity to affect the development can be obtained from the Coal Authority. The Coal Authority Mining Reports Service can be contacted on 0845 762 6848 or at www.coal.gov.uk.

5. From the 6th April 2008, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 2008 require that all requests for confirmation of compliance with planning conditions require a fee payable to the Local Planning Authority. An application to the Local Planning Authority will be required using the new national standard application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

Site Location

LOCATION AND PROPOSAL

The application relates to the erection of a two storey, 3 bedroom, detached dwelling with attached single garage in the side garden area of a semi-detached property in Knab Rise. A flat roofed single garage is proposed to be removed to accommodate the dwelling.

The site covers approximately 480m2 and is reasonably level with a slight incline towards the rear boundary. There is a low boundary wall and approximately 1300mm high privet hedge to the front boundary. The wall is staggered to take account of the gradient of the highway as it rises from north to south.

The site is approximately 25 metres deep and 16.5 metres wide at the front boundary, narrowing to approximately 4 metres at the rear boundary. There is an attractive natural stone wall to the side boundary. This wall is approximately 1700mm high and retains the rear garden area to a dwellinghouse in Knab Close. The rear boundary is screened with mature planting and adjoins the side of the rear garden area to a dwellinghouse in Knab Road.

The surrounding properties are all c1950s red brick dwellings. The lower half of Knab Rise is characterised by properties with hipped roofs whilst the upper half is characterised by properties with gable ends. The dwellings directly opposite the site are set at least 1 metre below road level and set back approximately 4 metres from the road.

RELEVANT PLANNING HISTORY

There is no planning history related to this site.

SUMMARY OF REPRESENTATIONS

6 letters of representation have been received (4 from same address):

- proposal will limit the current green space in the area and change the landscape of the surroundings - more cars will create parking problems on an already busy road - Knab Rise is a narrow and congested road with cars regularly parked on both sides, including in front of the development site – removal of on-street parking to create the new driveway may lead to further congestion – access to driveway to No16 (opposite) is already difficult and sometimes impossible due to parked cars opposite - Proposal is garden-grabbing and out of character in the area – loss of feeling of spaciousness - Proposal will make all surrounding properties overlooked - No19 has been rented for a number of years with typically 3/4 cars – parking opposite No20 makes access to narrow and steep drive difficult – concerned about proposed change to access to No19 - Need to park on road in winter due to steep gradient of drives opposite - Access for emergency services could be difficult due to narrow road

69 - Households with working adults generally need cars to get to work – public transport not a viable option for most people due to location and time - Occupiers renting No19 have not been consulted

PLANNING ASSESSMENT

Land Use Policy

The site lies within a Housing Area as defined in the Unitary Development Plan (UDP). This policy area designation is retained in the Sheffield Development Framework (SDF) Draft Proposals Map. No special designations affect the site.

The proposal development is a preferred land use (Housing – Class C3) in accordance with UDP Policy H10 (Development in Housing Areas).

Sustainability

The recent changes in national planning policy (PPS3: Housing) have resulted in this site being reclassified from ‘previously developed land’ to ‘greenfield land’.

SDF Core Strategy Policy CS24 (Maximising the Use of Previously Developed Land for New Housing) gives priority to using previously developed land for new housing but permits new housing on small greenfield sites within the urban area where the development can be justified on sustainability grounds. In this instance, the application site is in a sustainable location being within approximately 100m of a Local Shopping Centre, within easy walking distance of Chelsea Park and close to a regular bus route, albeit not high frequency, in Carter Knowle Road.

In view of the above, the proposals represent a sustainable form of development and there is no conflict with Policy CS24.

Design

The proposed dwelling is a modest two storey building of unremarkable design but comparable in scale to the surrounding properties. The new dwelling respects the existing building line and the proposed external materials are stated as brick and roof tiles to match the existing dwelling. The gable roof design is not out of character in the overall street scene and the ridge height is very marginally higher than the ridge of No19 and the eaves line is approximately 500mm lower. The massing of the building is effectively broken down by the attached single garage with canopy that wraps around the front of the dwelling.

Overall, the design is satisfactory and reflects the character of the neighbourhood. The proposals therefore comply with UDP Policies BE5 (Building Design and Siting), H14(a) (Conditions on Development in Housing Areas), CS31 (Housing in the South-West Area) and CS74 (Design Principles).

70 Residential Amenity

The dwelling provides a good standard of internal and external amenity space for future occupiers. It will have a private rear garden area of minimum 10m length and approximately 60m2 area and a further side garden area of approximately 40m2.

The dwelling will project approximately 3.3m beyond the rear elevation of No19 but there is a separation of 3.2m between the two properties and there will be no breach of a 45° line taken from the nearest rear ground floor window. The new dwelling will have some impact on outlook from a large stairwell window and two small first floor windows in the side elevation of No19. However, these openings are not main windows. Approximately 120m2 private rear garden area will remain to serve No19.

The adjoining dwelling at 2 Knab Close is approximately 10m from the corner of the new dwelling and is angled at approximately 85° to that property. It is approximately 3m below the level of No2 and will not adversely affect that property which has mature screen planting behind the boundary retaining wall. The front of the new dwelling will be approximately 18m from the front building line on the opposite side of Knab Rise. This distance reflects the relationship of Nos 19/21 with the dwellings opposite and it should be noted that the main living room window is located opposite the driveways to those dwellings.

Overall, adequate residential amenity is provided for future occupiers and maintained for existing residents. The proposals therefore comply with UDP Policy H14(c).

Highway Issues

The existing dwelling has two off street parking spaces (garage and driveway). The proposed dwelling has been reduced in width to allow tandem parking of two cars at the side of No19. The driveway will be moved approximately 3m to the north of its current position to facilitate this arrangement and will be more or less opposite the driveway to No20 rather than opposite No18. This should improve access to No20 as there is less likelihood of on-street parking directly opposite the driveway to that property.

The proposed dwelling will have a single garage and a pull-in across the front of the property as there is insufficient space to accommodate adequate standing space in front of the proposed garage. The new entrance will be opposite No18 but not opposite the driveway to that property. The parking provision (2 spaces) complies with the current Car Parking Guidelines for a 3 bed dwelling.

Overall, the parking provision to serve the existing and proposed dwellings is adequate and complies with UDP Policy H14(d).

71 Flood Risk

The development will inevitably increase surface water discharge due to the loss of existing grassed area. However, the external space will have a permeable paved surface to minimise surface water run-off and the proposals will thereby comply with Policy CS67 (Flood Risk Management).

SUMMARY AND RECOMMENDATION

In view of the above, the development complies with the UDP and Core Strategy policies quoted and it is recommended that planning permission is granted subject to conditions.

Case Number 10/01671/FUL

Application Type A Full Planning Application

Proposal Refurbishment and Extension to the Peaks Centre, Sheffield College, including the installation of a wind turbine (Proven 11 turbine on a 15 metre mast) in the car park (revised description)

Location Peaks Centre Sheffield College Waterthorpe Greenway Sheffield S20 8LY

Date Received 20/05/2010

Team CITY CENTRE AND EAST

Applicant/Agent Atkins Ltd

Recommendation Grant Conditionally

Subject to:

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

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

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

Existing plans 0100 Rev PI1, 0001 Rev PI1, 0050 Rev PI1 and 0051 PI1 and 0052 PI1 received 21st May 2010 and Proposed Plans: 1150 Rev PI1, 1051 Rev PI1, 1052 Rev PI1, 1053 PI1 and 1100 PI1 received 21st May and 1001 Rev PI2 and 1050 Rev PI2 received 25th May,

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

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

In order to ensure an appropriate quality of development.

4 The use of the extension shall be in accordance with Class D1 of the Town and Country Planning (Uses classes) Order, 1987.

In order to define the permission.

5 The extension hereby approved shall not be used unless the car parking accommodation for vehicles 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.

6 Prior to the commencement of development, further details of the proposed ‘green wall’ (the use of vegetation to grow over the mesh elevations) shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the following:

(i) The location, depth and form of the planting medium in relation to the building, to include means of protection; (ii) Plant species; (iii) A watering strategy; (iv) A long-term maintenance strategy.

The development shall then be implemented in accordance with the approved details prior to the commencement of the use and thereafter retained.

To ensure an appropriate quality of development.

7 Before the extension hereby approved in occupied, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided:

a) Confirmation that a minimum of 10% of the predicted energy needs of the of the completed development is being obtained from the decentralised and renewable or low carbon energy as set out in the Zero Carbon Energy Report;

b) The Generation of further renewable or low carbon energy or incorporation of design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy to satisfy (a).

74 occupied or in accordance with an alternative timescale to be approved in writing and a post-installation report shall have been submitted to an approved in writing by the Local Planning Authority to demonstrate that the agreed measures have been installed within 6 month of the first occupation of the extension. Thereafter the agreed equipment, connection or measures shall be retained in use and maintained for the lifetime of the development, unless otherwise agreed in writing by the Local Planning Authority.

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

8 The development hereby approved shall be constructed to achieve a minimum rating of BREEAM ‘very good’ and before the development is occupied (or within an alternative timescale to be agreed) the relevant certification, demonstrating that BREEAM ‘very good’ has been achieved, shall be submitted to and approved in writing by the Local Planning Authority.

In the interests of mitigating the effects of climate change, in accordance with Sheffield Development Framework Core Strategy Policy CS64.

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

In the interests of biodiversity.

10 Before the development is commenced, full details of suitable and sufficient cycle parking accommodation within the site in relation to the proposed increase in student numbers as a result of the extension shall have been submitted to and approved in writing by the Local Planning Authority and the extension 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.

11 Prior to the occupation of any part of the development, a detailed Travel Plan(s), designed to: reduce the need for and impact of motor vehicles, including fleet operations; increase site accessibility; and to facilitate and encourage alternative travel modes, shall have been submitted to and approved in writing by the Local Planning Authority. Detailed Travel Plan(s)

75 shall be developed in accordance with a previously approved Framework Travel Plan for the proposed development, where that exists. The Travel Plan(s) shall include:

a) Clear and unambiguous objectives and modal split targets; b) An implementation programme, with arrangements to review and report back on progress being achieved to the Local Planning Authority in accordance with the 'Monitoring Schedule' for written approval of actions consequently proposed, c) The results and findings of the monitoring shall be independently verified/validated to the satisfaction of the Local Planning Authority. d) The verified/validated results will be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

On occupation, the approved Travel Plan(s) shall thereafter be implemented, subject to any variations 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.

Attention is drawn to the following justifications:

Policies LR4 - Open Space, LR5 - Development in Open Space Areas, BE5 - Building Design and Siting T21- Car Parking , CS45 - Quality and Accessibility of Open Space , CS47 - Safeguarding Open Space , CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Air Quality of the SDF Core Strategy and guidance within PPG17.

The proposed extension is considered to relate appropriately to the existing college building in terms of its position, form and design. The installation of a wind turbine is also considered to contribute appropriately to the ambition to reduce carbon emissions from the building and overall, neither the extension nor the wind turbine is considered to have any undue impacts on the amenity of nearby residential occupiers.

76 This explanation is only intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report at www.sheffield.gov.uk/planningonline or by calling the Planning Help Line at (0114) 273 4215.

Attention is drawn to the following directives:

1. The applicant is advised that the signage indicated on the submitted drawings is not approved as part of this permission and will require separate Advertisement Consent. To discuss arrangements for obtaining such consent, and to request application forms, the applicant should contact Development Control Section, Development Services, on Sheffield (0114) 2734215 or go to www.sheffield.gov.uk/in-your-area/planning-and-city- development

2. The applicant is advised to note the advisory comments supplied by National Grid by e-mail dated 30th June 2010 and forwarded on to the agent by e-mail dated 5th July 2010. These comments relate to the proximity of the development to high voltage overhead lines.

3. From the 6th April 2008, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 2008 require that all requests for confirmation of compliance with planning conditions require a fee payable to the Local Planning Authority. An application to the Local Planning Authority will be required using the new national standard application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

Site Location

78 LOCATION AND PROPOSAL

This application relates to the site of the Sheffield College campus at the Peaks Centre in Waterthorpe. The applicant, Sheffield College, presently enrol over 30,000 students across the City and operate over three main centres; at City College (formerly Castle College), Hillsborough College and the Norton Campus, which includes the Peaks Centre.

The application site, comprising the Peaks Centre, was constructed in 1999 and is situated to the south of Waterthorpe Greenway at the junction with Moss Way. The current site extends to 0.825 hectares and comprises a three-storey building that provides 2935 square metres of education space. The College currently teaches approximately 600 students.

The existing building presents a 95-metre frontage to Waterthorpe Greenway. The main façade of the Peaks Centre occupies approximately 55 metres of this frontage and is adjoined to the east by a flat-grassed area that extends to approximately 40 metres. This grassed area lies between the existing building and the access road into the site. To Moss Way, the front elevation of the existing Peaks Centre extends for 50 metres along this frontage. The building is positioned within 5 metres of the back edge of the pavement to both road frontages.

A 52-space car park is located to the rear of the building with access from Waterthorpe Greenway. The area to the south of the car park, within the application boundary, is landscaped and is adjoined by the Supertram track and the tram stop at Moss Way.

Architecturally, the existing building is of simple construction comprising two shades of red blockwork with grey cladding to part of the upper floor and grey aluminium fenestration detailing.

The character of the area surrounding the application site is mixed. To the north, on the opposite side of Waterthorpe Greenway, is the large three-storey headquarter building occupied by South Yorkshire Police. To the east, the Peaks College site is adjoined by a large area of green space that is identified as a sports ground. To the south, lies the Supertram track and the Moss Way tram stop, beyond which is a further landscaped space and then Ochre Dyke Lane and an area of housing to the south of the Lane on Pentland Gardens. The nearest housing on Pentland Gardens is at a distance of 124 metres from the rear façade of the existing Peaks Centre. To the west of the existing site, adjacent to the tram lines, is a grassed open area. To the north-west is housing on Halton Court at a distance of approximately 145 metres from the Moss Way façade of the College. To the south-east is further housing on Ormes Meadow, the rear facades of which are also approximately 145 metres from the Moss Way elevation of the existing building.

This is a full planning application to extend Sheffield College to provide an additional 1540 square metres of general teaching and teaching support space to accommodate the college’s growth in student numbers to approximately 900 students with an increase in staff numbers from 42.4 full time equivalents to 59.6

79 full time equivalents. The extension will incorporate teaching spaces, multi-use spaces, breakout areas, staff workrooms and accessible W.C./shower/changing facilities. The College have secured funding for project, which must be completed on site by the end of March 2011 such that the application is time-critical.

The extension is proposed to the Waterthorpe Greenway elevation of the college on a grassed area between the college building and the access road into the site. It extends the existing façade for a length of 21.9 metres and a depth of 18.3, which is the same depth as the present building. An escape stair is proposed to the flank wall of the extension, which projects by 3 metres and is 8 metres in length. The extension will provide three levels of accommodation. The scale of the building will match the height of the existing building, which comprises a mono- pitch roof with an eaves height of 10.7 metres to the front elevation and 8.4 metres to the rear elevation. A green roof is incorporated onto the front of the roof with solar panels to the rear, which is south facing.

Architecturally, the proposed extension is designed to have regard to the existing building but to have an appearance that distinguishes the ‘existing’ and ‘proposed’ elements. The materials on the extension will match the existing such that the front and rear elevations will comprise fair faced blockwork at ground floor level with powder coated composite cladding panels to the upper floors and aluminium windows to broadly match the window proportions of the existing elevations. To the front elevation to Waterthorpe Greenway, the proposed extension is visually separated from the main building by a glazed link constructed in a glazed curtain walling system. The east elevation, which is the flank wall of the extension, incorporates the external stair tower, which is to be constructed in an architectural mesh. This will provide a backdrop to a ‘living wall’, which is a modular panel green wall system on a galvanised steel sub-frame onto which evergreen vegetation is grown to suit the orientation of the building.

Additionally, the application includes the installation of a wind turbine in the car park of the College. It will be positioned at the entrance to the car park. The wind turbine is the ‘Proven 11’, which has a hub height of 15.2 metres. The car park will also be re-organised to increase the provision of car parking from 44 spaces to 52 spaces.

RELEVANT PLANNING HISTORY

The most relevant planning history is summarised below:

99/01634/FUL: Extension to college and provision of a 3.6 metre high steel pyramid. Approved: 27.01.2000

This extension was positioned in the same location as the current application but was not implemented.

98/00931/FUL: Erection of a college building with associated car parking. Approved: 20.08.1998

80 97/00784/OUT: Erection of a college building and provision of car parking. Approved 30.10.1997

SUMMARY OF REPRESENTATIONS

This application was originally advertised by means of a site notice as a development in the public interest, a press notice and direct neighbour notification.

Two letters were received from this consultation from two residents of Pentland Gardens comprising one objection and one comment raising the following issues:

(i) Whilst supporting an extension to the College, the resident is concerned about the lack of parking for students and advises that the roads around the college become very congested when the college is open such that an extension will make this worse. (ii) The areas where the students’ park makes it difficult to manoeuvre around the cars. This application should be an opportunity to improve the situation; (iii) The college is already an eye-sore, as is the Moss Way Police Station and neither blend with the surrounding area or each other; (iv) The existing college causes problems because of cars parking on Ochre Dyke Lane and some students do not respect residents; (v) The objector considers that if this application is granted then ‘its obvious money does talk and it’s not what you know but whom you know’.

The application has subsequently been re-advertised in light of an amended description to refer specifically to the wind turbine and an additional 11 letters of representation have been received to date, raising the following additional issues:

- The proposed wind turbine should be designed such that any noise emitted should not cause disturbance or annoyance to residents in nearby streets which are within 100-200 yards of the site - Some support for the wind turbine as a source of green energy provided that it does not cause disturbance to nearby residents - The plans do not appear to show the location of the wind turbine, what it will look like and what sort of noise it will generate. Neither is there any mention of why the turbine is required. - Concern that the turbine will generate noise in an area that already has to put up with the constant buzzing from the Supertram transformer building and high levels of road traffic - The turbine will be visually intrusive and an eyesore and is too close to residential properties - The college is already a source of constant litter and graffiti problems from students going to and from the campus and this increased development will only make that situation worse. This is compounded by the campus being ‘smoke-free’ so students and staff smoke outside the grounds and create litter elsewhere. The college should be mad responsible for clearing this up. - The area is becoming more and more built up as more and more green spaces are built upon - Many additional comments received in respect of parking already being inadequate for users of the college which is causing residents to bear the

81 brunt of the inconvenience of traffic congestion, inconsiderate parking on residential streets, traffic dangers and noise pollution - The Turbine might interfere with mobile communications and TV signals

PLANNING ASSESSMENT

This application proposes the construction of an extension to Sheffield College at the Peaks Centre. The extension will deliver an additional 1540 square metres of general teaching and teaching support space over three floors to accommodate the college’s growth in student numbers. The extension is to be constructed to the Waterthorpe Greenway elevation of the college. The application also includes the provision of a 15.5 metre high wind turbine within the car park. The key issues to consider in the determination of this application include the following: i. Principle of development: Policy and Land Use; ii. Design and appearance of the proposed development; iii. Highways issues; iv. Impact on the amenity of adjoining residential occupiers; v. Consideration of the wind turbine; vi. Landscape design; vii. Sustainability.

Principle of development: Policy and Land Use

Within the Unitary Development Plan, the application site is positioned on land that is designated for public open space, as is the entire Peaks Centre campus. The Council’s Forward and Area Planning team have advised that the open space designation actually pre-dates the construction of the existing college and it is therefore an outdated designation. Indeed, within the Sheffield Development Framework Proposals Map, which is currently the subject of public consultation, the application site is designated as a general employment area to recognise the fact that the site has been developed. However, the SDF Proposals Map presently has no material weight and on this basis, it is considered necessary to briefly assess the application against the relevant open space policies.

Planning Policy Guidance Note 17: Open Space, Sport and Recreation requires that open space policy is founded on an understanding of local open space needs and advises that Local Authorities should undertake robust assessments to consider the quality and accessibility of open spaces. This principle is incorporated within the local policy objectives set out in both the UDP and Core Strategy, which are considered below.

Policy LR5 of the UDP relates to development in open space areas and lists criteria against which development in Open Space Areas must be assessed. With particular relevance to this site, Policy LR5 determines that development will not be permitted where it would (as relevant to this site):

(d) It would make an open space ineffective as an environmental buffer or;

(h) It would result in the loss of open space which is of such quality that it is of City- wide importance; or

(i) It would result in overdevelopment or harm the character of an area; or

(k) The proposed use would be incompatible with surrounding land-uses.

In assessing this application against the policy criteria above, the following is advised:

(c) This area of open space has already been developed by the existing College such that an extension of 21.9 metres in length is not considered to unduly detract from the open character of the Green Network.

(d) An environmental buffer is defined in the UDP as ‘landscaping and or siting of appropriate facilities between sensitive and other uses to reduce the harm or potential nuisance to each other. Car parks or offices, for example, might form such a buffer’. In this case, the open space does not have a role as an environmental buffer and on this basis; it is not contrary to Policy LR5 (d).

(h) The application site is a landscaped green area that is not included within the Council’s open space audit as its designation as open space has been superseded by the construction of the existing college. On this basis, the application will not result in the loss of open space of City-wide or other importance and is therefore not contrary to LR5 (h).

(i) In terms of whether the development would result in overdevelopment or harm the character of an area, the visual impact of the proposed development and the relationship to adjoining residential occupiers is considered in the report below but is it is considered that the scheme can be provided such that it does not represent an over-development of the area or harm its character.

(k) This application proposes an extension to an existing College such that the use is already established within the community and an extension is therefore considered compatible with the surrounding land-uses. It is therefore considered to comply with Policy LR5 (k).

It is also relevant to note Policy CS45 of the recently adopted Sheffield Development Framework Core Strategy, which advises that the safeguarding and improvement of open space will take priority over the creation of new areas. However, as noted above, the application site has not been included within the Council’s audit of open space because the designation is considered to be outdated. On this basis, the application is not considered to conflict with the objectives of Policy CS45.

Finally, it is relevant to note Policy CS47 of the Core Strategy, which also relates to development in open space and advises that development in open space will not be permitted where (as relevant to this site):

83 a) it would result in a quantitative shortage of either informal or formal open space in the local area; or b) it would result in the loss of open space that is of high quality or of heritage, landscape or ecological value; or c) people in the local area would be denied easy or safe access to a local park or to smaller informal open space that is valued or well used by people living or working in the local area; or d) it would cause or increase a break in the city’s Green Network;

In assessing this application against the above criteria, the following is advised: a) The application site has not been included within the Council’s audit of open space and the proposed development with therefore not result in a quantitative shortage of either informal or formal open space in the local area. It is therefore not contrary to Policy CS47(a). On this basis, there is no need to consider any means to replace open space as required by Policy CS47(e) – (h); b) The application site is considered to form a landscaped grassed area rather than designated open space such that the development will not result in the loss of a space of a high quality. The proposal is therefore not considered contrary to Policy CS47 (b). c) The application site is not considered to comprise formal open space, as noted above. The application is therefore not considered to be contrary to Policy CS47 (c). d) As noted above in response to Policy LR5, as the application site is not presently determined to form part of the City’s formal or informal open space, it will also not cause a break in the City’s Green Network, in accordance with Policy CS47 (d);

It is therefore concluded that the proposed extension to Sheffield College at the Peaks Centre is to be constructed on a grassed landscaped area that is designated as open space within the Unitary Development Plan. However, the open space designation actually pre-dates the construction of the existing college and it is therefore an outdated designation and is on land that is not included within the Council’s open space audit. As such, the extension to the College will not impact upon the provision of open space within the City and on this basis, is not considered to conflict with the objectives of Policy LR5 of the UDP, Policies CS45 and CS47 of the SDF Core Strategy and guidance within PPG17.

Within the SDF Core Strategy, it is also relevant to note Policy CS43, which relates to the provision of sufficient modernised education facilities. It states that the provision of new education provision will include provision for ages between 14 and 19 in the north-west and Mosborough/Woodhouse. The Sheffield College provides education provision for 14 to 18 year olds and in this regard, meets the objectives of Policy CS43.

Overall, the proposed extension to the Peaks Centre is therefore considered to accord with relevant policies within the UDP and the SDF Core Strategy.

Design and appearance of the proposed development

Policy BE5 of the UDP relates to building design and siting and advises that good design and the use of good quality materials will be expected in all new developments. It seeks to achieve original architecture and a design on a human scale with varied materials that break down the overall mass of development. Policy CS74 of the SDF Core Strategy, which relates to design principles, advises that high-quality development will be expected, which would respect, take advantage of and enhance the distinctive features of the city, its districts and neighbourhoods.

In this case, the application proposes to extend the Waterthorpe Greenway façade of the existing building by 21.9 metres such that the form of the original building guides the scale and design of the proposed extension.

Accordingly, with regard to the scale of development, the application proposes an extension to the same height as the existing building and with the same mono-pitch roof profile, which is considered appropriate to this location. The position of the extension to the Waterthorpe Greenway elevation ensures that it is located away from the residential properties that lie opposite the College across Moss Way and it will have no impact on their amenity.

Architecturally, the extension broadly conforms to that of the original building. It is to be constructed in corresponding materials comprising fair-faced blockwork at ground floor level with powder coated composite cladding panels to the upper floors. The front and rear facades incorporate aluminium windows to broadly match the window proportions of the existing elevations. Whilst quite functional in appearance, it is considered that the design of the extension is a consequence of the size of the application site and the nature of this application, as an extension to an existing building. As such, the extension needs to relate to the form and appearance of the existing building rather than being of a more distinct architectural character. It is noted that a glazed atrium is proposed to the front elevation to Waterthorpe Greenway to distinguish the extension from the existing building. The atrium is to be constructed in a glazed curtain walling system, which will add visual interest to this main façade. It is also noted that a green wall is proposed to the end flank wall of the extension, which is highly visible from the approach to the College from Waterthorpe Greenway. The green wall is intended to grow around the mesh stair tower, which is also proposed to this elevation. The principle of a green wall is welcomed although the Council must be satisfied that it is achievable and sustainable in terms of its future maintenance. A planning condition is therefore proposed to require further details of the wall in terms of planting pits and plant species and the submission of a maintenance strategy to ensure the long-term survival of the green wall.

Overall, however, it is considered that the form of the existing college building principally guides the scale and quality of the proposed extension. It is appropriate

85 to the site and will allow the College to utilise their funding and expand teaching at this site. On this basis, in this instance, the proposed development is considered to be of a sufficient quality such that it complies sufficiently with Policy BE5 of the UDP and Policy CS74 of the Core Strategy.

Highways issues

The most up-to-date parking standards relevant to this application are set out in the Yorkshire and Humber Regional Spatial Strategy (May 2008). However, the Government has recently advised that Regional Spatial Strategies are no longer a material consideration and now hold little weight in the development management process.

However, Policy T22 of the UDP is still applicable, which relates to ‘Private Car Parking in New Development’. The policy advises that developers will be expected to make provision for sufficient off-street parking to meet the needs of their development. The supporting text to Policy T22 advises that controlling levels of private parking provision is a means of discouraging peak-hour commuting by car and where public transport is good, levels of private parking within new development can be regulated to discourage peak-hour commuting into this area.

In this instance, the application proposes to re-organise parking levels within the site to increase the provision from 44 spaces to 52 spaces. It is also noted that the application site lies adjacent to Moss Way Tram Stop such that it can be considered a highly accessible location. The applicant also advises that the College do operate a Green Travel Plan and try to encourage students to arrive by a means other than the private car.

Parking guidelines within the UDP for Tertiary Colleges advises that parking provision should be between 1 space per 1-4 staff and 1 space per 20 students. This equates to a maximum provision (based on 59.6 equivalent full time staff) of between 14 and 59 spaces for staff and up to 45 spaces for students (based on a proposed intake of 900), which would amount to a maximum provision of between 59 and 104 spaces. Clearly, the provision of 52 spaces falls below this level. However, the UDP states that the guidelines are meant to be applied flexibly (for example, reducing parking requirements in locations well served by other means of transport). In this case, the site is clearly very well served by public transport such that it is feasible to reduce parking levels. On this basis, it is not considered possible to justify refusal of this extension on parking grounds and it must therefore be concluded that the application is in accordance with Policy T22 the UDP.

In addition, it is relevant to note that Highways Development Management have advised that the design of the extension fits in well with the existing highway layout and there are no access issues with good public transport in the vicinity. It is acknowledged that residents have raised concerns about students parking on nearby roads. Highways Development Management advise that the only means to manage such parking would be the introduction of a residents parking scheme, which would have to go through a public consultation and residents would then have to bear the cost of the permit, or waiting restrictions if there was a major concern about parking in this location. It should be noted that there was no

86 evidence of a particular problem during Officer’s site visits and it is not considered to be such a significant concern that any further action is warranted as part of this application.

With regard to servicing, the existing means of servicing will remain unchanged and is considered acceptable.

Accessibility

Policy BE8 of the UDP relates to access to workplaces and advises that in all developments that would result in the provision of 20 or more jobs, suitable access arrangements will be promoted especially for public reception areas and toilet facilities, to meet the needs of employees and members of the public with disabilities.

The applicant has submitted an Access Statement, which confirms that the development seeks to meet the requirements of Building Regulations Part M, which applies to access for all. These proposals are considered sufficient in principle to accord with Policy BE8 but a condition is also proposed to seek further details to confirm the means of disabled access to and within the building.

Impact on the amenity of adjoining residential occupiers

The extension is proposed to the Waterthorpe Greenway elevation of the existing College such that the nearest residential properties to the site on Halton Court and Ormes Meadow are screened from the extension by the existing building. On this basis, it is not considered that the proposed development will impact upon the amenity of these residents by virtue of loss of privacy or overlooking. The properties to the south of the application site on Pentland Gardens lie at a distance of more than 124 metres such that there will also be no impact on these residents. The issue of the wind turbine and the impact on the amenity of surrounding residential occupiers is considered below.

Consideration of the wind turbine

This application includes the installation of a wind turbine within the car park of the Peaks Centre. It is a ‘Proven 11’ turbine, which has a height from ground level to the centre of the hub of 15.180 metres. The blades have a diameter of 5.6 metres fixed centrally to the hub. The wind turbine is principally proposed to meet the objectives of Policy CS65 of the Core Strategy, which seeks to secure the provision of renewable energy within all significant developments. The supporting text to Policy CS65 notes that renewable and low carbon energy sources are an important way of reducing carbon dioxide emissions.

The application submission includes information provided by Proven with regard to the common issues raised in response to wind turbine applications, principally with regard to noise and their impact on telecommunication equipment. Proven advises that this scale of wind turbine has been designed to be self-regulating such that they are built without the need for a gear box. Proven suggest that most of the noise associated with large scale turbines is generated by the gear box such that

87 the Proven 11 will be almost silent with the only audible sound being generated by the blades ‘swishing’ through the air. The blades have also been aerodynamically designed to further reduce sound emissions. Proven also confirm that there is no evidence to prove that wind turbines interfere with telecommunication equipment, hence their location at some airports in the UK.

In this case, the wind turbine is sited at the entrance to the car park, 24 metres to the south of the corner of the extension. The relationship of the turbine to the nearest residential properties is as follows:

- The turbine is approximately 145 metres from the rear façade of the nearest residential property on Halton Court (27 Halton Court), which lies to the west of the application site; - The turbine is also sited approximately 145 metres from the rear façade of the nearest residential property on Ormes Meadow (No.37), which is also to the west. - To the south, the nearest residential property on Pentland Gardens (No.3) is at a distance of approximately 124 metres.

As noted above, there is a significant distance between the wind turbine and the nearest residential properties. Furthermore, whilst the wind turbine will be taller than the building by approximately 4 metres when viewed from Halton Court, the existing College building will mostly screen the turbine. From both Ormes Meadow and Pentland Gardens, the wind turbine will be viewed in the context of the tram lines and the landscaping around the site. Given these distances and the location of the wind turbine within the car park, it is considered that the turbine will not have any undue impact on the amenity of adjoining residents by virtue of noise disturbance or visual impact and on this basis, the proposed turbine is considered acceptable and is a welcome commitment to the delivery of low carbon renewable energy.

Sustainability

Policy CS64 of the Core Strategy relates to climate change, resources and sustainable design of developments and advises that all new buildings and conversions of existing buildings must be designed to reduce emissions of greenhouse gases and function in a changing climate. They must also be designed to use resources sustainably. The supporting text to CS64 advises that to satisfy the policy, all new non-residential developments over 500 square metres should achieve a BREEAM rating of very good (or equivalent).

Policy CS65 of the Core Strategy, which relates to renewable energy and carbon reduction, applies to both new buildings and conversions and requires all significant developments to secure the following, unless it can be shown not to be feasible or viable:

(i) Provide a minimum of 10% of the predicted energy needs from decentralised and renewable or low carbon energy AND (ii) generate further renewable or low carbon energy or incorporate design measures sufficient to reduce the development's overall predicted carbon dioxide emissions by 20%. This

88 would include the decentralised and renewable or low carbon energy required to satisfy (i).

In response to Policy CS64, the applicant has confirmed within the Design and Access Statement that the extension has been designed to achieve a BREEAM rating of ‘Very Good’, which accords with the objectives of Policy CS64. This will be secured by means of a planning condition.

With regard to Policy CS65, the applicant has submitted a Zero Carbon Energy Report, which reviews potential low or zero carbon energy sources that can be applied to the Peaks Centre extension. The solutions considered include solar energy, photo-voltaics, combined heat and power systems (CHP), a ground source heat pump, wind power and biomass. The applicant has considered the selection based upon the energy demands of the building, cost effectiveness, carbon savings and technology risk.

Both solar thermal and photovoltaic panels are considered to rank highly as potential sources. The former is considered appropriate because of the potential to install south facing inclined panels on the roof and they also have comparatively low capital costs. Whilst effective, the report considers that there are higher costs associated with photovoltaic’s and they will only have a small influence on overall carbon emissions as each PV cell only provides a small amount of electricity so a large number of cells are required. With regard to CHP, the report notes that this technology is suitable for buildings that have a heat demand for a large proportion of the day and to be cost-effective, the CHP plant should generally operate for a minimum of 4000-5000 hours each year. However, the Peaks Centre does not have a suitably sized heating or electrical base load so CHP is not appropriate in this instance. The site is also not considered to be suitably sized to accommodate ground source heat pumps. Although air source heat pumps could be utilised, it is determined that the lower grade heat produced would not be suitable for connecting into the existing system; therefore this technology is also dismissed. The available space on site has also resulted in biomass being rejected because the site cannot accommodate the necessary storage or plant room space. However, the use of a wind turbine, as a low zero carbon technology is deemed appropriate given the suburban location of the site to capture the wind’s energy.

The Zero Carbon Energy Report concludes that the extension has been thermally modelled to establish the anticipated energy use and to determine the carbon savings for each LZC solution. On the basis of a thermally insulated building, it is determined that a 15kW wind turbine could be used as a sole solution to achieve the 10% low or zero carbon requirement, as well as complying with Building Regulations Part L requirements. Solar hot water generation is relatively small due to the low hot water demand of the new building such that it could not provide the necessary CO2 saving to be a sole solution and would need to be combined with other sources. It is determined that photovoltaic’s could also be utilised with other technologies.

On the basis of the report, the applicant proposes to utilise a 15Kw wind turbine, which is to be installed in the car park as noted above. This will have a power output of approximately 12,800W with an annual output of 27000kWh. In addition,

89 a rainwater recovery system is to be installed so that rain is collected from the roof of the extension and will drain into an underground storage tank. Finally, a photovoltaic panel array will also be installed on the south facing roof of the extension to generate a further 3300kWhof renewable energy. A meter detailing energy produced will be displayed in the main reception of the college.

Based on the information set out in the Zero Carbon Energy Report, it is considered that the applicant has addressed the requirements of Policy CS65, which will be further secured by means on an appropriate planning condition.

Overall, it is determined that the proposed extension to Sheffield College at the Peaks Centre has been designed with due regard to the need to address climate change and to adopt the use of low and zero carbon technologies to achieve carbon reduction in accordance with Policies CS64 and CS65 of the Core Strategy.

RESPONSE TO REPRESENTATIONS

The representations principally relate to the design of the existing building and the extension, the issues of students parking on the adjacent residential streets and the impact of the wind turbine. These issues are addressed in the report above.

SUMMARY AND RECOMMENDATION

This application proposes the construction of an extension to Sheffield College at the Peaks Centre to provide an additional 1540 square metres of general teaching and teaching support space to accommodate the college’s growth in student numbers to approximately 900 students. The extension will incorporate teaching spaces, multi-use spaces, breakout areas, staff workrooms and accessible W.C./shower/changing facilities. It also proposes the installation of a wind turbine within the car park area.

Within the Unitary Development Plan, the application site is positioned on land that is designated for public open space, as is the entire Peaks Centre campus. This designation pre-dates the construction of the existing college and it is therefore considered to be an outdated designation and is on land that is not included within the Council’s open space audit. As such, the extension to the College will not impact upon the provision of open space within the City. The application site also comprises a grassed area without any landscaping and the proposed development will not result in the loss of any trees or mature planting. On this basis, is not considered to conflict with the objectives of Policy LR5 of the UDP, Policies CS45 and CS47 of the SDF Core Strategy and guidance within PPG17.

Architecturally, the proposed extension is necessarily guided by the scale and design of the existing building such that it is considered to be of a sufficient quality in this instance and compliant with Policy BE5 of the UDP and Policy CS74 of the Core Strategy.

With regard to sustainability, the applicant has demonstrated compliance with the objectives of Policies CS64 and CS65 of the Core Strategy, which has also led to the proposal to install a 15.180 metre (to hub height) wind turbine within the car

90 park of the College. This is sited a sufficient distance from surrounding residential properties such that it is not considered to impact upon their residential amenity by virtue of noise or other disturbance.

The proposed extension will allow student enrolment at the College to increase from 600 to 900, which is consistent with the objectives of Policy CS43 of the Core Strategy to provide sufficient modernised education facilities for ages between 14 and 19 in the north-west and Mosborough and Woodhouse.

Finally, with regard to highways and access, the College is already located in a highly sustainable location adjacent to Moss Way Tram Stop such that whilst the level of parking provision is below the parking standards set out in the UDP, these guidelines are meant to be applied flexibly (for example, reducing parking requirements in locations well served by other means of transport). On this basis, it is not considered possible to justify refusal of this extension on parking grounds and it is therefore deemed to be in accordance with Policy T22 of the UDP. The extension is also designed to be sufficiently accessible in accordance with Policy BE8 of the UDP.

In conclusion, the proposed development is therefore considered to comply with relevant national and local planning policy and is recommended for approval subject to conditions.

Case Number 10/01637/FUL

Application Type A Full Planning Application

Proposal Use of house in multiple occupation (Class C4) as a house in multiple occupation for 8 persons (sue generis) including alterations to basement to form additional habitable space

Location 18 Dover Road Sheffield S11 8RH

Date Received 20/05/2010

Team SOUTH

Applicant/Agent Greystones Construction Ltd

Recommendation Grant

Subject to:

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

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

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

those received by the Local Planning Authority on 20 May 2010,

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

H5 - Flats, Bed-sitters and Shared Housing

92 BE13 - Advertisements

Attention is drawn to the following directives:

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

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

Site Location

LOCATION AND PROPOSAL

The proposal relates to a substantial Victorian semi-detached property close to the junction of Elmore Road and Moor Oaks Road. The house is currently shared by six persons, and therefore falls within new Use Class C4. The site lies within a Housing Area and within an Area of Special Character.

The character of the surrounding area is, in the main, that of Victorian suburban streets though the main arterial route of Ecclesall Road has a substantially commercial character. There are several houses in multiple occupation and established shared houses in the locality and a limited number of purpose built flats.

The property lies on ground sloping from the highway of Dover Road down to the rear garden such that close to an additional ‘lower ground floor’ storey is achieved to the rear elevation.

The proposal is to use the building as accommodation for 8 people. Limited external changes are proposed with openings being created in order to light the basement level. It is the intention to convert the basement/lower ground floor level into additional accommodation, this consisting of a bedroom, a kitchen, a lounge and a bathroom.

RELEVANT PLANNING HISTORY

There is no planning history on the site, the use as a shared house, within Class C4, having been established by its having this use on 6th April 2010.

95 SUMMARY OF REPRESENTATIONS

There have been 13 letters of objection including one from the Botanical Area Community Association. A further representation has been received which would be best described as a letter of ‘non objection’.

Letters of objection raise the concerns:

The proposal will result in:

- Increased noise and disturbance in the neighbourhood - Further pressure on-street car parking. - Adversely affect the balance of family properties to shared properties in the locality.

Matters that were raised that are not material planning considerations:

The proposal will:

- Affect the value of private dwellings - Undermine the character of the community - The previous owner would not have sold the property if they had known it was to be turned into a HIMO. - Breach the leasehold agreement - Result in deterioration in the appearance of the dwelling - Cause noise during construction work - Need to have adequate fireproofing - Reduce community spirit - Affect water courses

In addition:

- The shed in the back garden is an eyesore - There is Japanese knotweed on the boundary wall. - Despite noise from building work the property is in poor repair

The letter of non objection states that:

- The increase in traffic and on street parking on Dover Road is the likely result of the endless closure of Botanical Road for road works. - The rear garden has been significantly tidied up during the current ownership - The current tenants seem to be less boisterous and are probably young professionals rather than students. - The author is unaware that any of the current occupants have cars.

PLANNING ASSESSMENT

Policy Issues

96 This is an application to increase the number of occupants to an existing House in Multiple Occupation (HIMO) rather than the creation of a further HIMO. As such the assessment of the application should confine itself to the implications of the intensification of use rather than the principle of the HIMO which is already established at this property.

As such the application of Policy CS41 would be erroneous since that policy applies to a change in the numerical balance between shared and non shared properties, a balance which is unaffected by the proposal.

As such the key policy considerations are Policy H5 ‘Flats, Bedsitters and Shared Housing’, and Policy BE18 ‘Development in areas of Special Character’.

Policy H5(b) requires satisfactory living conditions for occupants and their immediate neighbours.

Amenity of future occupants

The conditions provided for the future occupants are considered acceptable. Because of the sloping ground the basement spaces all have above ground external walls into which windows and door openings can be set without a requirement for deep light wells which normally restrict light and outlook. Although some of the windows proposed do not offer significant outlook there are sufficient private or communal spaces within the house overall so that occupants can enjoy a reasonable level of outlook.

There is adequate external amenity space and this space is of high quality being a well kept walled back garden to the property.

With regard to the amenity of future occupants the proposal is therefore considered acceptable.

Amenity of existing residents

There are many properties in multiple occupancy throughout the policy area. However, it is not considered that the proposed increase in the number of residents at this property would significantly change the residential character of the Area and it should be re-iterated that the property already provides accommodation for 6 persons.

In some locations it is accepted that an increase in capacity of a HIMO can lead to a significant increase in activity in terms of the comings and goings of residents and visitors whether during the day or evening. In some situations this could create an unacceptable impact on the living conditions of neighbours.

However, in this case it is not felt that the incremental increase in occupancy is likely to result in such an impact. Although the property shares a party wall with number 20 Dover Road the proposed internal layout and the relative level of newly created accommodation will not introduce communal areas adjacent to bedrooms

97 in the neighbouring property and should not have any greater implications for neighbouring amenity above and beyond that were the property to be in family use.

The entrances into the property are located on the front elevation and on the rear elevation, the access to the latter lying along the side of the house between the gable end of No. 20 and the side elevation of the garage at No. 16 Dover Road. As such the sounds of comings and goings are likely to be less intrusive than say in a terraced house scenario or where the principal entrance door /s faced another property across a shared drive or other open hardstanding area.

Whilst representations have mentioned the potential for noise and disturbance in the locality from extra residents in terms of behaviour it is not considered that a viable reason for refusal can be justified based on the projected behaviour patterns of future occupants. This view has been consistently supported by appeal case law.

In conclusion it is felt that this limited increase in the number of residents at the property should not adversely affect the amenity of neighbouring residents and the proposal is considered to comply with Policy H5.

Area of Special Character

The site also lies within an Area of Special Character. Policy BE18 of the UDP states that new development should respect the appearance and character of the area and that the potential for such areas to become Conservation Areas could be lost by allowing inappropriate development.

Since the proposed physical changes to the building involve only the provision of new openings on the side and rear elevations of the property it is not considered that these will have any deleterious affect on the Area of Special Character.

Car Parking

Current car parking guidance suggests 2 spaces to be provided for multiple accommodation with the proposed number of occupants. The plans do not show any existing or proposed off street car parking. However, the property lies in an area controlled by a residents parking scheme and is very close to major public transport links.

In this highly sustainable location, and considering the proposed increase in occupants would amount to only a further two persons it is not considered that a refusal based upon an absence of off street car parking would be sustainable.

RESPONSE TO REPRESENTATIONS

Those matters that have been raised which are material considerations have been dealt with in the main body of the report.

98 SUMMARY AND RECOMMENDATION

This is an application to increase the number of occupants of an existing House in Multiple Occupation. It is not considered that such an increase will result in disamenity to neighbouring residents or impact adversely on on-street parking in the locality. The proposed accommodation should provide appropriate levels of internal and external amenity to future occupants.

The proposals are considered to satisfy the Unitary Development Plan policies which apply and the application is therefore recommended for approval.

Case Number 10/01624/LBC

Application Type Listed Building Consent Application

Proposal Partial demolition of 20th Century extensions; internal refurbishment; erection of three storey and single storey extensions: installation of external lighting and CCTV units; relocation of War Memorial and alterations to boundary wall to form new pedestrian entrance

Location King Edward VII School Glossop Road Sheffield S10 2PW

Date Received 25/05/2010

Team SOUTH

Applicant/Agent HLM Architects

Recommendation Grant Conditionally Subject to S of S

Subject to:

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

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

2 Samples of all proposed external materials and finishes, including windows and rainwater goods, shall be submitted to and approved in writing by the Local Planning Authority before the elements of the building work to which they relate are commenced. Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

3 A sample panel of the proposed masonry to the extensions to the listed building shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of masonry and mortar finish to be used. The sample panel shall be approved in writing by the Local Planning Authority before the elements of the building work to which they relate are commenced and the sample panel shall be retained for verification purposes until the completion of such works.

100

In order to ensure an appropriate quality of development.

4 Prior to removal and relocation of the War Memorial, timescales and a detailed method statement for the removal, storage and relocation of the War Memorial shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter the War Memorial shall be relocated in accordance with the approved details.

To protect the setting of the Listed Building.

5 Large scale details, including materials and finishes, at a minimum of 1:20 scale of the items listed below shall be submitted to and approved in writing by the Local planning Authority before the commencement of the parts of the development to which they relate:

New/relocated internal partitions Lifts and housing Handrails Ramps Fire doors and fire screens

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

In order to ensure an appropriate quality of development.

6 Notwithstanding the details shown on drawings KE_A(PA)110/Rev A, KE_A(PA)111/Rev A and KE_L(PA)011/Rev A, the treatment of the window openings to the Learning Support Unit and the pedestrian access through the boundary wall to Newbould Lane are not approved. Details of revised opening treatments and pedestrian access shall be submitted to and approved in writing by the Local Planning Authority prior to the relevant works being commenced and the development shall thereafter be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

7 Details of the new internal floor structure to the former gymnasium and its abutment with the existing building structure shall be submitted to and approved in writing prior to implementation. Thereafter the floor structure shall be implemented in accordance with the approved details.

In order to ensure an appropriate quality of development.

8 A schedule of all fixtures and fittings affected by the proposed development and refurbishment works, together with a photographic record, and details of their retention, repair, removal or relocation shall be approved in writing by the Local Planning Authority prior to any works to these features being

101 undertaken. The works shall thereafter be carried out in accordance with the approved schedule.

In order to ensure an appropriate quality of development.

9 Details and locations of all new fixtures and fittings shall be submitted to and approved in writing by the Local Planning Authority prior to installation of such fixtures and fittings. The development shall thereafter be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

10 Prior to any internal refurbishment works being carried out, a process for agreeing the method of working shall have been submitted to and approved in writing by the Local Planning Authority. Should method of working shall include arrangements for the inspection and approval of sample works in an identified sample area. Thereafter, the works shall progress in accordance with the approved methods.

In order to ensure an appropriate quality of development.

11 Details, specifications and finishes of all new external and internal doors, including frame section sizes, reveal depths, door furniture and any mouldings and architraves at a minimum of 1:20 scale shall be submitted to and approved in writing by the Local planning Authority prior to preparation of the relevant door openings. Thereafter, the new doors shall be installed in accordance with the approved details.

In order to ensure an appropriate quality of development.

12 The design and location of all new internal and external light fittings shall be submitted to and approved in writing by the Local Planning Authority prior to preparation for installation. Thereafter the development shall be carried out in accordance with the approved details

In order to ensure an appropriate quality of development.

13 Details of the location, specification and appearance of all new services to the building (including meter boxes, outlets and inlets for gas, electricity, telephones, security systems, cabling, trunking, soil and vent stacks, fresh and foul water supply and runs, heating, air conditioning, ventilation, extract and odour control equipment, pipe runs and internal and external ducting) shall be submitted to and approved in writing by the Local Planning Authority prior to installation of such services.

In order to ensure an appropriate quality of development.

14 Details of any installations and/or alterations arising from the reasonable requirements of fire protection, means of escape, acoustic attenuation and insulation, natural and mechanical ventilation, disabled access and the

102 provision of natural and artificial lighting shall be submitted to and approved in writing by the Local Planning Authority prior to such works being carried out.

In order to ensure an appropriate quality of development.

15 Details of the design and appearance of all elements of the hard landscaping design (including surface treatments, steps, seats, bollards and refuse bins) shall be approved in writing by the Local Planning Authority before the relevant elements of the hard landscaping are implemented. The development shall thereafter be carried out in accordance with the approved details.

To protect the setting of the Listed Building.

16 Details of the design and location of all new internal and external signs shall be submitted to and approved in writing by the Local Planning Authority prior to the provision of any such signs. The development shall thereafter be carried out in accordance with the approved details

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

BE15 (Areas and Buildings of Special Architectural or Historic Interest) BE19 (Development Affecting Listed Buildings)

The works to the Grade II* listed building are informed and justified. The proposals demonstrate that there will be no harm to the significance of this important heritage asset. In these circumstances the proposals comply with UDP Policies BE15 (Areas and Buildings of Special Architectural or Historic Interest) and BE19 (Development Affecting Listed Buildings) and comply with national planning policies in PPS5: Planning for the Historic Environment.

103 Site Location

INTRODUCTION

These application proposals are part of the Building Schools for the Future programme (BSF). A parallel application for planning permission appears elsewhere on the agenda (ref 10/01432/FUL).

104 This application is required to be referred to the Secretary of State due to the Grade II* listing of the building.

LOCATION AND PROPOSAL

Please refer to the description given in the report under ref 10/01432/FUL.

This application relates solely to the demolition works, the new STEM building, new Learning Support Unit (LSU), CCTV installations, lighting fixed to the building, the internal alterations to the listed building, minor alterations to the external appearance (new doorway and ventilation grilles) and relocation of the War Memorial.

RELEVANT PLANNING HISTORY

Please refer to 10/01432/FUL.

SUMMARY OF REPRESENTATIONS

Please refer to 10/01432/FUL for comments from the Conservation Advisory Group and Urban Design Panel.

The statutory requirement to notify the national amenity bodies has resulted in one response from the Ancient Monuments Society. The Society confirms no objections.

PLANNING ASSESSMENT

The demolition works, STEM and LSU extensions, CCTV, lighting proposals and War Memorial are considered in the planning application report (10/01432/FUL) and, although applicable to this application, need not be duplicated.

The internal works proposed are guided by the professionally prepared Gazateer, Heritage Impact Assessment and Conservation Management Plan, together with extensive input from English Heritage and the Council’s Conservation planners. The works affecting original features are essentially:

- replacement of existing suspended ceilings - making good of internal walls where services/ceilings are reinstalled - reinstatement of door fan lights as appropriate - repairs to terrazzo floors (restricted to filling significant cracks/openings) - replacement of temporary internal ramp with permanent ramp - safety/visibility nosings applied to 1905 staircases - overlaying of damaged parquet flooring with boarding - raising of gymnasium flooring and new opening formed to adjacent corridor - relocation of old balcony front (gym) (if possible) - relocation of servery to dining space and infilling of door openings to existing kitchen (to be demolished) - lowering of window cills to create escape doors (dining area) - opening up of corridor to storage undercroft

105 - opening up to link existing vaults to provide Sixth Form common room - provide lift to eastern pavilion stairwell, create opening to cloister, provide fire doors and add handrails to 1905 stairs - provide door entries to new glazed link - reinstatement of 3 first floor and 3 second floor classrooms - partition realignment to third floor classrooms - provide two steps to a second floor classroom (to be opened up with adjacent room) - install 1 metre smoke-containing barrier (second floor) - replacement radiators and associated pipework - replacement of library shelving - some rearranging of memorial boards to accommodate new fire doors, service runs and reinstated fan lights

Externally, the alterations affecting the fabric of the listed building are the creation of a door opening beneath the central external steps, refurbishment of windows and the installation of two ventilation grilles within the central pediment structure.

A ‘sample classroom’ has been set up to demonstrate the works proposed. Overall, Conservation planners are satisfied with the details and English Heritage consider that the proposals will not harm the significance of the building. However, there is a concern about the size of the two ventilation grilles to the central pediment. Further work is required to ensure the appearance of the building is not harmed. This can be secured by condition.

The proposed pedestrian access is adjacent the existing vehicular access through the approximately 2.25m high natural stone boundary wall to Newbould Lane. Concerns about the width of the opening are documented under ref 10/01432/FUL. A reduced opening can be secured by condition.

SUMMARY AND RECOMMENDATION

It is recommended that Members are minded to grant listed building consent subject to conditions designed to secure appropriate design and implementation.

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Case Number 10/01518/CHU

Application Type Planning Application for Change of Use

Proposal Use of dwellinghouse (Use Class C3) as House in Multiple Occupation (HIMO) (Use Class C4) for 5 people

Location 7 Nile Street Sheffield S10 2PN

Date Received 11/05/2010

Team SOUTH

Applicant/Agent Mrs C Tyson

Recommendation Grant Conditionally

Subject to:

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

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

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

Drawing No. 1097/2/09b,

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

3 The basement room shall not at any time be used for main living accommodation (i.e. bedroom or living room).

In the interests of the amenities of future occupiers.

Attention is drawn to the following justifications:

107 intention to abolish Regional Strategies) the Sheffield Development Framework and the Unitary Development Plan set out below:

CS41 - Creating Mixed Communities

The proposed change of use to a House in Multiple Occupation is considered to be satisfactory in terms of Policy CS41 of the adopted Core Strategy and a recommendation is therefore made for approval subject to conditions.

108 Site Location

109

110

LOCATION AND PROPOSAL

The application relates to a traditional stone built end terraced property

Nile Street is a partially residential road located within a Shopping Policy Area as defined by the UDP. The property falls within the Broomhill Conservation Area which since last October has also been subject to an Article 4 direction. The immediate area is characterised by similar terraced properties.

Permission is sought for a change of use from a residential dwellinghouse (C3) to a house in multiple occupation (C4) to be use for 5/6 people.

RELEVANT PLANNING HISTORY

10/00469/FUL – dormer windows to rear of dwellinghouse and window to basement – granted conditionally

111 SUMMARY OF REPRESENTATIONS

Two letters of representation have been received, the main points raised are outlined below –

- Concerned about proposal for more student accommodation - Additional student flats currently being constructed nearby - Already many Houses in Multiple Occupation in Broomhill - There is a need for family housing in the area - Work on property has already begun - The number of people in the house would make it very noisy - Will negatively impact upon the character of the street scene - Parking may be an issue

PLANNING ASSESSMENT

Policy Issues

Policy CS41 of the Core Strategy “Creating Mixed Communities” states that “mixed communities will be promoted by encouraging development of housing to meet a range of housing needs including a mix of prices, sizes, types and tenures” and (d) “limiting new or conversions to hostels, purpose built student accommodation and Houses in Multiple Occupation where the community is already imbalanced by a concentration of such uses or where the development would create imbalance”.

The objectives of the above policy relating to (d) will be achieved by limiting the housing outlined above where more than 20% of residences within 200 metres of the application site are shared housing.

An assessment has been carried out for the proposed change of use in line with the above policy, this showed that 18.4% of properties within 200 metres of the site are currently in use as shared housing. Accordingly, the application complies with Policy CS41 and would not create an imbalanced community.

Impact on Conservation Area

Policy BE16 of the Unitary Development Plan requires that development in conservation areas should preserve or enhance the character of the conservation area. No external alterations are proposed through this application, but external alterations were approved through application 10/00469/FUL and were assessed against policy BE16.

Amenities of Future Occupiers

The accommodation to be provided will result in adequate living conditions, all main habitable rooms will have adequate light and outlook. However, the basement room will not provide adequate outlook owing to the proximity of the front garden wall to the window and for this reason it has been agreed with the applicant that this will not be used as main living accommodation. This will be secured by way of an appropriately worded condition. The rear amenity space is relatively

112 small, however as the property is already used for residential accommodation and the amount of amenity space will not be reduced this is not considered to be a reason for refusal, when considering also that the level of occupancy would not exceed that of a typical family dwelling.

Amenities of Neighbouring Residents

Concerns have been raised from neighbours regarding potential noise problems which may result from the change of use. However, the house could be used by 5 or more family members and this would not necessarily be quieter that the use by 5 unrelated people. It is not reasonable to assume that noise levels from a shared house would necessarily create more nuisance than that generated from a class C3 dwelling.

Highways

The applicant property is located within an area where there is significant on street parking. This property does not propose any off-street parking however, this is no different to the current provision. It is considered that the change of use will not necessarily exacerbate parking issues within the area and the presence of a residents permit parking scheme in the area will ensure that any potential impact is minimised.

SUMMARY AND RECOMMENDATION

The proposed change of use to a House in Multiple Occupation is considered to be satisfactory in terms of Policy CS41 of the adopted Core Strategy, raises no other significant issues, and a recommendation is therefore made for approval subject to conditions.

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