Recommendation Sheet

SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate

REPORT TO CITY CENTRE & EAST PLANNING AND DATE 27/06/2005 HIGHWAYS AREA BOARD

REPORT OF HEAD OF DEVELOPMENT SERVICES ITEM

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

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

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

CONTACT POINT FOR Lucy Bond TEL 34556 ACCESS NO:

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN 2 Application No. Location Page No.

04/02650/LBC Green Lane, Sheffield, 5

04/02651/FUL Green Lane, Sheffield, 9

04/03210/OUT Land At Newcastle Street, Portobello Street And, Rockingham Street, Sheffield, 23

04/04646/FUL Workshop/Warehouse Adjoining Former 35 Sylvester Works, Sylvester Street, Sheffield,

05/00971/FUL AEU House, 51 Furnival Gate, Sheffield, S1 4QQ 47

05/01126/FUL Site Of 6 Regent Terrace And 11-19, Regent 56 Street, Sheffield,

05/01132/FUL Site Of 6 Regent Terrace And 11-19, Regent 61 Street, Sheffield,

05/01359/FUL GT News, Crystal Peaks Shopping Centre, 66 Eckington Way, Sothall, Sheffield,

05/01217/REM Land And Buildings At Riverside Exchange, Bridge Street And, Millsands, Sheffield, 69

05/01435/FUL Victoria Boatyard, Sussex Street, Sheffield, S4 7YY 77

05/01800/CAC Unity House, 161-163 Arundel Gate, Sheffield, S1 2LQ 82

3 4 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The CITY CENTRE AND EAST Planning And Highways Area Board Date Of Meeting: 27/06/2005

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 04/02650/LBC

Application Type a Listed Building Consent Application

Proposal Partial demolition, alterations and extension to building for use as 34no. 1 & 2-bed flats with 19 car parking spaces and 14 cycle bays at Wharncliffe Works and 86-88 Green Lane

Location Green Lane, Sheffield

Date Received 28/06/2004

Team CITY CENTRE AND EAST

Applicant/Agent Crease Strickland Parkins Ltd

Recommendation Grant Conditionally Subject to Secretary of State

Subject to:

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

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

2 The part of the complex identified on the approved plans to be demolished shall not be demolished before a binding legal contract for the carrying out of works of redevelopment of the site is made, and evidence of such a contract has been supplied to the Local Planning Authority and planning permission has been granted for such redevelopment.

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

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

In order to ensure an appropriate quality of development.

4 A sample panel of the proposed masonry 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 prior to the commencement of the building works and shall be retained for verification purposes until the completion of such works.

In order to ensure an appropriate quality of development

5 Details of the extent and specification of brick/stone repair and cleaning shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of works and shall thereafter be carried out in accordance with the approved details.

In order to ensure that the fabric of the building is not damaged.

6 There shall be no replacement, alteration or repair of any part of the original roof structure without the prior approval, in writing, of the Local Planning Authority of details of timbers to be removed, altered and repaired and details and specifications of all new replacement timber members.

In order to ensure that inappropriate alterations are avoided.

7 The details, specifications and finish of the new windows, including elevations and sections, shall be approved in writing by the Local Planning Authority before the commencement of development. Drawings shall be of a minimum of 1:10 scale and shall include details of proposed section sizes at a minimum of 1:1 scale. [Details shall include: reveal depths, double glazing, secondary glazing, shutters, mouldings, architraves, location of trickle vents]. Thereafter the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

8 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) 6 shall be approved in writing by the Local Planning Authority before the development commences.

In order to ensure an appropriate quality of development.

9 Details of installations and alterations arising from the requirements of fire protection, means of escape, acoustic attenuation and insulation, natural and mechanical ventilation, disabled access and the provision of natural and artificial lighting shall be approved in writing by the Local Planning Authority before the development commences.

In order to ensure an appropriate quality of development.

10 Details of the design and appearance of boundary walls, gateways, steps and paths, hardstandings and other elements of the hard landscaping design shall be approved in writing by the Local Planning Authority before the development commences. The development shall then be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

7 Site Location

FOR REPORT SEE 04/02651/FUL

8 Case Number 04/02651/FUL

Application Type a Full Planning Application

Proposal Partial demolition, alterations and extension to building for use as 34 no. 1 & 2-bed flats with 19 car parking spaces and 14 cycle bays at Wharncliffe Works and 86-88 Green Lane

Location Green Lane, Sheffield

Date Received 28/06/2004

Team CITY CENTRE AND EAST

Applicant/Agent Crease Strickland Parkins Ltd

Recommendation Grant Conditionally subject to Legal Agreement

Subject to:

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

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

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

In order to ensure an appropriate quality of development

4 A sample panel of the proposed masonry 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 prior to the commencement of the building 9 works and shall be retained for verification purposes until the completion of such works.

In order to ensure an appropriate quality of development

In order to ensure that the fabric of the building is not damaged.

In order to ensure that inappropriate alterations are avoided.

In order to ensure an appropriate quality of development

8 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 approved in writing by the Local Planning Authority before the development commences.

In order to ensure an appropriate quality of development.

10 Details of the design and appearance of boundary walls, gateways, steps and paths, hardstandings and other elements of the hard landscaping 10 design shall be approved in writing by the Local Planning Authority before the development commences. The development shall then be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

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

In the interests of the visual amenities of the locality.

12 Before the development is occupied the footways adjoining the site shall be reconstructed in accordance with the Primary Materials Palette identified in Part 5.1 of the Sheffield Urban Design Compendium, unless otherwise authorised in writing by the Local Planning Authority. Such reconstruction shall include the infilling of the existing pavement cellar heads on Cornish Street.

In order to provide an appropriate setting for the building and in the interests of pedestrian safety.

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

In the interests of the safety of road users.

14 The apartments shall not be used unless the car parking accommodation for 19 cars as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

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

In the interests of traffic safety and the amenities of the locality. 11 16 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.

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

In the interests of the safety of road users.

18 Before the development is commenced, further details of the cycle parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority and the apartments 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.

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

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

b) Be capable of achieving the following noise levels: Bedrooms: LAeq 15 minutes - 35 dB (2300 to 0700 hours), Living Rooms: Laeq 15 minutes - 45 dB (0700 to 2300 hours),

c) Include a system of alternative acoustically treated ventilation to all habitable rooms.

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

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

12 20 Before the use of the building for the purposes hereby permitted is commenced, written confirmation shall be given to the Local Planning Authority that the approved scheme of sound attenuation works has been installed in the building in full.

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

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

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

b) Demonstrate that the specified noise levels have been achieved. In the event that the specified noise levels have not been achieved, then notwithstanding the sound attenuation works thus far approved, a further scheme of sound attenuation works capable of achieving the specified noise levels and recommended by an acoustic consultant shall be submitted to and approved by the Local Planning Authority before the use of the development is commenced. Such further scheme of works shall be installed as approved in writing by the Local Planning Authority before the use is commenced and shall thereafter be retained.

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

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

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

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

13 In order to ensure that proper provision for refuse is made and to encourage the maximum use of recycling in the interests of protecting the environment.

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

To ensure satisfactory drainage arrangements.

25 The development shall be carried out in accordance with the submitted Flood Risk Assessment unless otherwise approved in writing by the Local Planning Authority.

In order to avoid flood risk.

Attention is drawn to the following justifications:

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

BE5 - Building Design and Siting BE16 - Development in Conservation Areas BE17 - Design & Materials in Areas of Special Character or Historic Interest BE19 - Development affecting Listed Buildings MU9 - Kelham Mixed Use Area MU11 - Conditions on Development in Mixed Use Area

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

Attention is drawn to the following directives:

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

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

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

14 For access crossing approval you should contact the Highway Co-ordinator in that Department of Sheffield (0114) 2736136, quoting your planning permission reference number.

2. As the proposed development abuts the public highway you are advised to contact the Highways Co-ordination Group on Sheffield 2736677, prior to commencing works. The Co-ordinator will be able to advise you of any pre- commencement condition surveys, permits, permissions or licences you may require in order to carry out your works. If your planning application involves the construction or alteration of an access crossing, this planning permission does not automatically permit the layout or construction of the access crossing in question. For access approval and specification you should contact the Highway Co-ordination Group on Sheffield 2736136.

3. You are required, as part of this development, to carry out works within the public highway. You must not start any of this work until you have received a signed consent under the Highways Act 1980. An administration/inspection fee will be payable and a Bond required as part of the consent.

You should apply for a consent to:-

Assistant Head of Highways Planning, Transport & Highways Howden House 1 Union Street Sheffield S1 2SH

For the attention of Mr S A Turner Tel: (0114) 2736133

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

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

6. You are advised that residential occupiers of the building should be informed in writing prior to occupation that: 15 (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.

7. The applicant is advised that a review of the Traffic Regulation Orders adjoining the site will need to be undertaken to ensure satisfactory access arrangements. This review will need to be funded by the developer.

Site Location

16 LOCATION AND PROPOSAL

The site comprises Wharncliffe Works, which is a Grade 2 listed building fronting Green Lane and Cornish Street, within the Kelham Island Conservation Area. The complex sits adjacent to two other significant listed building complexes, namely Globe Works to the west and Cornish Place to the east. This group of buildings, together with Brooklyn Works further west and Cornish Works to the north, form one of the most important group of listed buildings in the Conservation Area.

Opposite the site to the south, on a former garage site, work has started on a mixed residential and business development ranging between four and six storeys high.

Wharncliffe Works was established in 1861 and was originally utilised for the production of stove grates and fenders, until 1901. It currently only houses a few small enterprises, although one range of the building has suffered fire damage and is unoccupied.

The buildings are constructed in brick, with stone sills and string courses, under a slate roof. There are both sash and casement windows, the majority of which are not original, and the entire complex is in a relatively poor state of repair

The scheme includes the demolition of a substantial but non original outbuilding within the courtyard, which also has a gable front to Cornish Street. The main original ranges of the building fronting Green Lane and Cornish Street would be refurbished and external metal walkways would be attached on the courtyard face to provide access to the flats. A new-build element would be added in the courtyard area running at right angles to the adjoining redundant wing of Globe Works and a further element is proposed as an extension to Cornish Street in place of the demolished outbuilding. This element would be of entirely contemporary design and finished in an anthracite eternit rain screen cladding panel system and substantial areas of glazing.

REPRESENTATIONS

English Heritage (12.8.2004) made the following comments:

‘We welcome the prospect of this key conservation area building being brought back into good repair and sustaining use. The height, footprint and siting of the new block in the courtyard appears likely to dominate the listed building. There may be benefits in siting any new build closer to the rear site boundary, so that there is greater separation from the rear of the listed building. The courtyard block employs both contemporary and historical proportions in its fenestration. We see no need to repeat historical forms and suggest that a more coherent range of fenestration may improve the design of the block. The importance of the staircase should be assessed before a decision is taken on its removal.

17 The Conservation Advisory Group (20.7.2004) stated that there was no objection in principle to the proposed change of use, but felt that there was no reason why the windows could not be re-instated and commented that the proposed colour of the replacement windows was inappropriate for the listed building. The group felt that the roof and gutter line of the proposed new building on Cornish Street should be stepped down and the proposed new building in the courtyard was far too close to the existing Cornish Street building, which also resulted in the planting being located in inappropriate spaces. The group also felt that the proposed glazing of the cart arch was inappropriate and that traditional gates to the arch should be retained, with a new tradesman’s entrance and that the loss of entrances through the scheme was excessive. The Group was encouraged to see a scheme for this important building, but felt that this scheme would not enhance the character or appearance of the listed building.

The Ancient Monuments Society stated that:

‘We know the site well and having studied the plans feel that the principle of the scheme can be accepted.’

PLANNING HISTORY

98/1106P and 98/1107P – Listed Building Consent and planning permission were granted early in 1999 at Wharncliffe Works and Globe Works for the refurbishment of buildings, including partial demolition to form offices, consulting rooms and car parking to be used for community based health care services.

The scheme involved a larger site than that covered by the current applications as it also involved part of the Globe Works complex. However, the scheme was never implemented and consent has now expired.

PLANNING ASSESSMENT

Policy Issues

The site falls within the Kelham Mixed Use Area as defined in the adopted Unitary Development Plan as well as in the Kelham Island Conservation Area.

Policy MU9 lists housing as being a preferred use and as such the development is acceptable in principle. This is subject to meeting the criteria listed in Policy MU11, which seeks to ensure that a degree of variety is preserved or created in mixed use areas, that living conditions for residents are satisfactory, schemes are well designed and are served adequately by transport facilities and appropriate off- street parking.

Policies BE5, BE15, BE16, BE17 and BE19 seek to ensure good building design and also to preserve or enhance the character of conservation areas and listed buildings. Development which would harm the character or appearance of the conservation area or the listed building would not be permitted. These issues are 18 discussed in more detail in the following sections.

Highways Issues

The scheme is considered to be acceptable in highway terms. Vehicular access to the site is gained from Green Lane, adjacent to Globe Works and egress is onto Cornish Street underneath the new-build element of the scheme. A total of 19 car parking spaces are provided for the 34 flats. These are provided within the courtyard area, including beneath the new build elements of the scheme, which are built on stilts and have no accommodation at ground floor level.

It would not be physically possible to locate additional car parking spaces on this site, unless a basement area was formed, and this would be damaging to the integrity of the listed building. This level of car parking provision is considered to be acceptable in this highly accessible location, which is in close proximity to Supertram and to major bus routes. It is also within easy walking distance of the city centre. Cycle parking for 14 bikes is also provided within the secure courtyard area.

Conservation and Listed Building Issues

It is not considered that the demolition of the steel-framed building, which currently occupies the courtyard and has its gable end fronting Cornish Street would harm the conservation area. It is not of historic importance when compared to the remainder of the site, as evidenced in the archaeological building appraisal submitted with the scheme. Its removal allows for the introduction of a sensitive new-build element to the proposals.

The refurbishment of the Wharncliffe Works complex is to be welcomed in principle. Members will be aware that authority has previously been given to seek urgent repair works to the building. It is imperative that a new use for the complex is found in order to ensure the building’s long-term future.

The works to the original buildings which are to be retained do not involve significant alteration other than building fabric repair, window renewal and internal partitions, together with the external walkways which were characteristic of this type of building.

The architects have deliberately set the new-build wing back from the site boundary in order to try and ensure that the gables of Globe Works and Wharncliffe Works remain dominant. They consider that the new wing will close views into the site and satisfactorily complete the building group. This view is accepted and, in particular it is considered that the new wing will add positively to the overall character of this part of the conservation area as there is considered to be something of a void between Wharncliffe and Globe Works at present, which the new-build element will help to plug.

A number of amendments and/or clarifications have been sought in respect of the proposals. The stair at the corner of Cornish Street / Green Lane to be removed is a relatively recent metal stair. The flight from Green Lane to the first floor of the 19 Green Lane Wing is original. Whilst its removal is regretted it is considered that the overall conservation benefits of the scheme outweigh its loss. The architects have confirmed that the chimney pots that have been lost are to be replaced.

The new low wall along Cornish Street has been changed from render to brick and the roof covering of this extension has been changed to slate. The original doors on Green Lane that were depicted as windows have been revised to ‘dummy’ panel doors. The timber gates to the main cart entrance are not to be retained and a glazed screen is considered acceptable in order to make the scheme work, although the original ‘slot’ into which the original sliding door went, will be retained.

The metal windows that were previously proposed on the Green lane and Cornish Street elevations have been replaced with traditional timber sliding sashes in line with those that were likely to have been original to a building of this era and function.

The overall size of the new courtyard block has not been reduced, although its eaves detail has been altered and in particular the fascia depth reduced. The highest point of the leading edge of this block is 1.1 metres above the ridgeline of the main Wharncliffe range although its monopitch construction means that the back edge is lower than the roofline.

This relationship is considered to be acceptable and in line with the guidance contained in the Urban Design Compendium which refers to a general maximum height of 5 storeys within the Kelham area. The height of the block will not, in any event, be discernible from outside the courtyard as the narrowness of surrounding streets is such that the original building ranges will mask its view.

The proximity of the new courtyard block to the rear range of the listed building is an important consideration and whilst it is in close proximity it is considered that this is the right approach for this site. An alternative would be to bring the extension closer to the Green Lane/Penistone Road frontage but it is considered that this would detract from the unusual angled gable end of Wharncliffe Works and the grander scale of Globe Works. The viability of the scheme is dependent on this block and the benefits are considered to outweigh the disbenefits.

Archaeology

The application was supported by the submission of an archaeological buildings appraisal. Wharncliffe Works dates from the mid nineteenth century and was established in 1861 by a company specialising in the manufacture of stoves, grates and fenders. By 1959 the site was occupied by a sheet metalworking company, who retained ownership of the site until late 1988.

The appraisal indicates that the deep basements and foundations are likely to have destroyed any evidence for earlier periods of occupation around the south and eastern edges of the site and that it is unlikely that there would be earlier remains beneath the courtyard area. On this basis it is not considered necessary to undertake further archaeological investigations on this site.

20 Residential Amenity

The application was supported by the submission of a noise report which assessed the existing noise levels in the location and makes recommendations in respect of achieving satisfactory noise levels. The site is affected by road traffic noise and a small degree of industrial noise from adjacent premises.

Under the criteria set out in Planning Policy Guidance Note 24 (Planning & Noise) the site falls largely within Noise Exposure Category B during the day and night, in respect of traffic noise. Where sites fall within Category B the guidance states that noise should be taken into account when determining planning applications and, where appropriate, conditions imposed to ensure an adequate level of protection.

The noisiest face of the building is clearly Green Lane as this faces the main dual carriageway of Penistone Road. At the time of the noise readings work had not commenced on the residential development on the opposite side of Green Lane. It should, therefore, be borne in mind that noise levels at Wharncliffe Works are likely to drop as a result of this development because it will have the effect of shielding the road traffic noise to a certain extent.

The noise survey detected a small degree of industrial noise and associated lorry movements etc but nothing on a scale that would be audible within the flats and nothing that would be likely to give rise to complaints from future residents.

The survey concludes that the flats can be adequately protected from noise by the introduction of double or secondary glazing, supported by assisted ventilation on the noisiest faces of the building. These requirements are covered by condition.

Some of the window to window distances from the refurbished block to the new- build wing in the courtyard are limited, although this is restricted to bedrooms only. At the tightest point this distance is 7.5 metres, although this is at an angle rather than a direct view. There are no such window to window issues in relation to main living room windows. It should also be recognised that the intimate scale of these narrow streets, characteristic of the conservation area, have resulted in similar window to window distances, particularly where developments face e ach other across streets in other parts of the area.

Access Issues

The 13 dwellings within the new-build wing of the development will be fully accessible as this part of the development accommodates a 12 person lift. This equates to 38% of the overall total of flats and is in line with policy requirements.

Flood Risk

The site falls within Zone 3 of the Environment Agency’s Flood Plain maps and as such the applicant was required to submit a Flood Risk Assessment to support the application. Analysis of the potential 1 in 100 year flood event indicates a potential 21 flood level of 50.298m above ordnance datum (AOD). Finished floor levels within the refurbished element of Wharncliffe Works are proposed at 50.720m AOD, with the new-build a full storey higher than this as there is no ground floor accommodation in this element of the scheme. The Environment Agency have confirmed that the proposed floor levels are acceptable and a condition is attached to ensure compliance with the recommendations of the Flood Risk Assessment.

Open Space

The area is highly deficient in the provision of public open space. In line with policy H16 of the Unitary Development Plan, together with Supplementary Planning Guidance on Open Space Provision in new Housing Developments and the City Centre Living Strategy the applicant is required to make a contribution towards the provision or enhancement of public open space within the vicinity of the site. In this instance the figure is £33,094.

Public Art

Policy BE12 of the Unitary Development Plan states that works of public art will be encouraged as an integral part of the design of major developments. A condition is, therefore, attached to secure the inclusion of public art within the scheme.

CONCLUSION & RECOMMENDATION

The refurbishment and re-use of this important and prominent listed building complex within the conservation area, which is immediately adjacent to Cornish Place, a grade 2* listed building complex and a group of other important Grade 2 listed buildings, is a welcome addition to the large number of regeneration projects which are being undertaken in the area at the present time.

It is considered that the scheme as a whole represents a sensitive combination of refurbishment and contemporary architecture in line with the guidance contained in the Urban Design Compendium and UDP policies.

It is therefore recommended that listed building consent be approved subject to the clearance of the secretary of state (due to the demolition involved) and that planning permission be approved subject to the completion of a legal agreement.

HEADS OF TERMS

The developer shall contribute a total of £30,094 towards the enhancement of public open space within 1 kilometre of the site in line with approved Supplementary Planning Guidance.

22 Case Number 04/03210/OUT

Application Type an Outline Planning Application

Proposal Erection of 5-storey building with use of ground floor as offices, 25 flats above and provision of 14 basement car parking spaces

Location Land At Newcastle Street, Portobello Street And, Rockingham Street, Sheffield

Date Received 04/08/2004

Team CITY CENTRE AND EAST

Applicant/Agent Turley Associates

Recommendation Grant Conditionally

Subject to:

1 The development shall not be commenced unless and until full particulars and plans thereof shall have been submitted to the Local Planning Authority and planning approval in respect thereof including details of (matters reserved by this permission) shall have been obtained from the Local Planning Authority.

Until full particulars and plans of the development (including details of the matters hereby reserved) are submitted to and approved by the Local Planning Authority they cannot agree to the development proceeding.

2 Application for approval in respect of any matter reserved by this permission must be made not later than the expiration of three years from the date of this decision.

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

3 The development shall be begun not later than whichever is the later of the following dates:- (i) the expiration of five years from the date of this decision; or (ii) the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

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

23 4 The development shall not be begun until improvements to the junction of Newcastle Street with Portobello Street (details of which shall have been submitted to the Local Planning Authority for prior approval) to facilitate vehicles safely entering the car lift have either: a) been carried out, or b) arrangements shall have been entered into which will ensure the improvements are carried out before the car park is brought into use.

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

5 Details of an area of open space, which shall be no less than 10% of the site area and shall include details of its use and any structures to be erected upon it, shall be included with the reserved matters submission for the siting of the dwellings hereby approved. This condition shall not preclude an agreement being reached with the Council for some alternative means of providing the requisite open space either on another site or by way of a contribution towards the provision or improvement of facilities on another site.

In order to meet the requirements of Policy H16 of the Unitary Development Plan.

6 Notwithstanding the details shown on the submitted plans, the design of the vehicular access is not approved and revised details incorporating 2m x 2m vehicular/pedestrian intervisibility splays shall be submitted to and approved by the Local Planning Authority.

In the interests of pedestrian safety.

7 The footpaths adjoining the site frontage shall be upgraded in accordance with the standards set out in the Urban Design Compendium and the redundant cross-overs reinstated as footpaths, unless otherwise agreed in writing by the Local Planning Authority.

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

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

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

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

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

24 b) Demonstrate that the specified noise levels have been achieved. In the event that the specified noise levels have not been achieved, then notwithstanding the sound attenuation works thus far approved, a further scheme of sound attenuation works capable of achieving the specified noise levels and recommended by an acoustic consultant shall be submitted to and approved by the Local Planning Authority before the use of the development is commenced. Such further scheme of works shall be installed as approved in writing by the Local Planning Authority before the use is commenced and shall thereafter be retained.

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

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

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

11 The development shall not be begun until improvements to the ventilation grill to the Hadfield Building to attenuate the noise (details of which shall have been given prior approval by the Local Planning Authority) have either: a) been carried out, or b) arrangements have been entered into which will ensure the improvements are carried out before the residential units are occupied.

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

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

To ensure satisfactory drainage arrangements.

13 Before the car park is brought into use, details of the following matters shall be submitted to and approved by the Local Planning Authority.

1. Cycle and disabled parking 2. The means of controlling access to the car park. 3. The allocation of car parking spaces between office and residential areas.

In the interests of encouraging sustainable travel to the site, providing sufficient parking for disabled people.

14 A minimum of 25% of the residential units shall be designed to meet the Council's Mobility Housing, Supplementary Planning Guidance, unless otherwise agreed in writing by the Local Planning Authority. 25 To ensure ease of access and facilities for disabled persons at all times.

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

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

b) Be capable of achieving the following noise levels: Bedrooms: LAeq 15 minutes - 30 dB (2300 to 0700 hours), Living Rooms: Laeq 15 minutes - 40 dB (0700 to 2300 hours),

c) Include a system of alternative acoustically treated ventilation to all habitable rooms.

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

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

16 The ground floor shall be used for B1 offices unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure the proposal is consistent with the Council's employment policies in the U.D.P.

Attention is drawn to the following justifications:

IB4 - Land for Industry and Business IB6 - Development in Fringe Industry and Business Areas IB9 - Conditions on Development in Industry and Business Areas IB11 - Housing & Residential Institutions in Industry & Business H16 - Open Space in New Housing Developments H7 - Mobility Housing

Attention is drawn to the following directives: 26 1. It is noted that your planning application involves the construction or alteration of an access crossing to a highway maintained at public expense.

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

For access crossing approval you should contact the Highway Co-ordinator in that Department of Sheffield (0114) 2736136, quoting your planning permission reference number.

2. The developer's attention is drawn to Sections 7 and 8A of the Chronically Sick and Disabled Persons Act 1970, as amended, and to that code or any such prescribed document replacing it. Section 8A sets requirements for access to and facilities at offices and other premises. Section 7 requires a notice or sign to be displayed, indicating that provision is made for the disabled.

If you require any further information please contact Mr B Messider on Sheffield 2734197.

3. 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.

4. As the proposed development abuts the public highway you are advised to contact the Highways Co-ordination Group on Sheffield 2736677, prior to commencing works. The Co-ordinator will be able to advise you of any pre- commencement condition surveys, permits, permissions or licences you may require in order to carry out your works. If your planning application involves the construction or alteration of an access crossing, this planning permission does not automatically permit the layout or construction of the access crossing in question. For access approval and specification you should contact the Highway Co-ordination Group on Sheffield 2736136.

5. The applicant is advised to contact Onyx and the Council's waste management section to ensure that adequate facilities are provided for the collection of waste.

27 Site Location

28 LOCATION AND PROPOSAL

The application site is an unsurfaced car park located at the junctions of Newcastle Street/Rockingham Street with Portobello Street. Immediately to the north there is a tarmac surfaced private car park with a vacant industrial building beyond, last used by a forging operation. To the west there is the University Engineering Building. To the south on the opposite side of Portobello Street there is a general engineering business. To the east on the opposite side of Rockingham Street there are offices and a large warehouse.

The application is in outline and all matters of detail are reserved except access and siting. However as the application specifies a five-storey building, the amount of floor space to be created (405 sqm) and the number of flats to be provided, it is necessary to assess whether this level of development can be adequately accommodated on site. The applicants have submitted indicative floor plans and elevations to aid assessment of the scheme along with noise assessments.

The indicative plans illustrate a perimeter block development with a basement floor of parking, approximately 500 sqm of offices on the ground floor, and 25 self contained flat on the four floors above. The indicative elevations show five floors of accommodation on the Portobello Street frontage stepping down to three stories along both the Rockingham and Newcastle Street frontages.

SUMMARY OF REPRESENTATIONS

Three letters of representation have been received. One is from Sheffield Assay Office which, generally welcomes the development. They consider the scale, massing and access arrangements are satisfactory although the architectural treatment is somewhat florid. They consider that as the majority of the scheme is for housing that it is contrary to the UDP. Whilst they have no objections to housing they would not wish it to restrict development of their adjacent site.

The Assay Office are concerned that the positioning of windows to the residential units does not compromise the development of their land to the north. They are concerned about 5 windows adjacent to the north boundary that have an east west aspect. They have asked that consideration is given to effect on the amenities of these units should development take place along the northern boundary.

The owner of 60 Rockingham Street, Duracut Works has objected on the basis that noise and vibration from his factory will make the site unsuitable for flats and also cause problems for offices. They point out that the factory houses a number of forging machines and although it is currently unoccupied they may resume operations in the near future.

Sheffield University have commented that the area is not appropriate for residential properties bearing in mind the other uses in the area. They also comment that the parking accommodation is inadequate to serve the development proposed.

29 PLANNING ASSESSMENT

Policy Issues.

The UDP shows the application site lies within a Fringe Industry and Business Area. Policy IB6 identifies Business (B1), General Industry (B2) and Warehouses (B8) as the preferred uses although housing is an acceptable use. Policy IB9 states that development should not prejudice the dominance of industry and business uses in the area. Policy IB4 seeks to identify an adequate supply of industry and business land in order to meet the cities requirements for the next 5 years. The application site is identified as one of those needed to help meet this requirement. Policy IB11 states that housing will only be permitted in industry and business areas where the development would not constrain industry and business, residents would not suffer from unacceptable living conditions and it would be next to an existing residential area.

Offices are one of the preferred uses and therefore this aspect of the proposal is in accordance with the development plan policies for this site. As the industry and business uses will remain dominant in the area the proposal is not contrary to Policy IB9. Given that the whole of the ground floor is to be given over to offices it is considered that the proposal meets the terms of Policy IB4 in helping to meet the cities needs for industrial and business land. The issues relating to noise and the suitability of the site for housing are considered in more detail below.

Suitability of the site for housing.

The site lies in a mixed commercial and industrial area and there are offices, education and industrial uses close to the site. The entrance to the flats is likely to be approximately 75m walking distance from West Street. Rockingham Street is a well-trafficked route and consequently it is considered that the site is close to the active areas of West Street and walking routes from the shopping areas and local services to the site are considered to be reasonably safe and attractive.

There are however a number of industrial uses close to the site and it is important to assess how these might impact on future occupiers of the flats and whether there are likely to be any conflicts between industrial and residential uses that might constrain existing industry.

The applicants have carried out a noise assessment to measure day and night- time noise around the site. This revealed that the main noise sources were industrial noise from Townroe electro plating works located immediately to the south of the site on the opposite side of Portobello Street (approximately 10m form the site), and traffic noise. Most of the site falls within noise exposure category C and a small part within noise exposure category B. Planning Policy Guidance Note 24 advises that in category B areas noise should be taken into account when determining applications and appropriate noise protection conditions imposed. In category C areas planning permission should not normally be granted unless other material planning considerations indicate otherwise. It should however be noted that the Council have granted a number of housing developments in category C 30 sites in order to facilitate city centre living and all the benefits that this brings to the vitality of the city centre. The applicants have put forward draft proposals for attenuating and ventilating the building, which would ensure that background noise, would be reduced to acceptable levels.

The noise exposure categories are not particularly useful in assessing industrial noise. As a result further investigations were carried out at each of the relevant industrial noise sources. This has revealed the following.

Noisy fan at the University Engineering Department.

The fan can be easily attenuated, the applicants have agreed to carry out these works and the University have confirmed that they will co-operate with the improvements.

Duracut Works.

The owner of the Duracut Works, (approx 30m to the north of the site), has objected on the basis that they may reinstate a forging operation in the building. The works are currently vacant and the owner has moved his forging operation to another site, although he indicated that he might need to move back to the Duracut Works. He also initially offered to run the forging equipment so that the noise levels could be assessed.

The applicants have approached the objector in order to carry out the additional noise testing works to assess the likely impact if the forging operation re-started. However it has not been possible to carry out this assessment as the site has been effectively decommissioned. The objector indicated initially that he would be able to confirm in a short timescale whether he was likely to reoccupy the site. The objector has now had 8 months to confirm his intentions and it is considered unreasonable to delay this application any further. Officers have written to him requesting convincing evidence that he is likely to relocate his operation to the site. He has been advised that if this were not forthcoming, noise from the site would be assessed on the basis of an average general industrial operation. The objector has declined to respond.

The objector has not provided any evidence that his forging operation will return to the site and it is considered unlikely that a new forging operation will move into the city centre. It is therefore reasonable to assess the potential impact on the basis an assumed noise level from an average general industrial use, which is considered to be a more realistic scenario. This assessment has been carried out and concludes that a general industrial use is unlikely to impact significantly on the proposed flats.

Cambridge Hand Tools.

A similar assessment has been carried out to consider noise impact from the former Cambridge Hand Tools premises, which are also vacant and located a similar distance from the site as the Duracut works. The same conclusion is

31 reached that noise from a general industrial use would not impact significantly on the proposed flats. Townroe Works.

The noise assessment indicates that noise breakout from the factory should not exceed the levels where it is likely to cause disturbance to flat occupiers even with windows open. However loading and unloading takes place on street and does exceed the levels where disturbance is likely to be caused. In order to assess how serious a problem this might be information has been requested on the frequency and duration of the loading activities.

However since the initial assessment was carried out the Assay office has acquired the works and they intend to redevelop the site. The current occupiers are to close by the end of June 2005 and the y will strip out and remove all equipment from the premises. The Assay office intends to demolish the buildings and use the site for staff parking pending redevelopment.

There is risk that the Assay offices plans may change and the building could be re-l et for another industrial occupier. However given the circumstances explained above this scenario is sufficiently unlikely that it is not a reasonable basis for resisting this proposal.

Scale and Massing Issues.

The external appearance is a reserved matter and therefore not to be considered at this stage. However indicative plans have been submitted which illustrate the scale and massing of the built forms that might result from the amount of development being proposed in the application. These show 5 storeys of development on the Portobello Road frontage stepping down to 3 storeys on the Newcastle and Rockingham Street frontages.

The immediate context of site is two and three storey buildings. However the University’s Hatfield House immediately to the west of the site rises to 12 storeys and there is 4/5-storey development within the wider context.

The site lies in St. George’s quarter. The Urban Design Compendium advises that buildings should generally conform to the existing height of 2-4 storeys. It also states that larger buildings may be acceptable on gateway sites where it can be demonstrated that there will be no impact on the streetscape or amenity context.

The application site is a corner site and Rockingham Street is one of the more major thoroughfares of the St. George’s quarter. In this context 5-storey development on the Portobello Street site frontage is considered to be acceptable and will not have an adverse impact on the streetscape. The remainder of the development at 3 and 4 stories is also consistent with the Urban Design Compendium and with its surroundings. The development also steps down in height towards the north and therefore responds to the general site topography.

32 Design.

The application was originally submitted as a detailed scheme. Officers expressed some concerns about the proposed building elevations and the applicants have now changed the application to an outline scheme and design/appearance are now reserved matters.

Access

The indicative plans show 14 basement parking spaces of which 3 are suitable for disabled people. Access to the car park is from Newcastle Street by a car lift. Pedestrian access is shown as being located on the Rockingham Street/Portobello Street and Newcastle and Portobello Street corners.

The locations of the vehicular and pedestrian accesses are acceptable in principle. However off-site highway improvements are required to ensure that the vehicular access does not create queuing on the highway. Improved vehicular/pedestrian inter-visibility will also need to be provided.

The site is well served by public transport as it is close to the Supertram and bus stops on West Street. It is also close to City Centre services and facilities. Given this, the reduced parking provision is to be welcomed. Members will be aware that there is no requirement to provide parking for offices and residential uses in the City Centre, other than provision for disabled people.

The applicant’s have confirmed that 25% of the apartments will be designed to meet the Council’s mobility standards.

Amenity Issues.

The site is quite small and it is not practical to provide any shared amenity space within the site. Although the plans are indicative a number of the units are indicated as having small balconies.

The Assay office has commented on the proximity of windows to the northern boundary and how this might affect the development of the adjacent site. The windows concerned serve bedrooms and are located approximately 2m from the boundary. Their aspect is east/west and therefore they do not face the adjacent development site. Whilst the development of the site to the north may affect their outlook it is not considered that the impact will be so great as to be unacceptable provided the development on the adjacent site is in scale with its surroundings.

Open Space.

The applicant will need to make a contribution to meet the open space needs of future residents in accordance with policy H16 of the Unitary Development Plan and the City Centre Living Strategy. As this is an outline application and the

33 number of units may change a condition is proposed which will secure the necessary improvements.

SUMMARY AND RECOMMENDATION

The key policy consideration is whether the site is suitable for housing. The noise assessment work carried out indicates that the risk of conflicts between residential and industrial uses is low given the requirement to carry out noise attenuation an d the likely redevelopment of the nearest industrial property (Townroe). Therefore the housing aspect of the proposal is considered to be consistent with Policy IB11. Although the site lies in noise exposure category C the background noise readings are at the lower end of the range. The site is close to West Street, which is active, at most times and the pedestrian routes to the site are considered to be reasonably safe. These considerations and the benefits of encouraging City Centre living justify granting planning permission in this case.

The illustrative plans demonstrate that the development can be acceptably accommodated on site although the indicative elevations are considered to be unsatisfactory. The access arrangements are also considered to be satisfactory subject to the reservations listed in the report. It is therefore recommended that planning consent be granted.

34 Case Number 04/04646/FUL

Application Type a Full Planning Application

Proposal Erection of 1 x 6-storey building for use as 28 no. 1 & 2-bedroomed apartments

Location Workshop/Warehouse Adjoining Former Sylvester Works, Sylvester Street, Sheffield

Date Received 11/11/2004

Team CITY CENTRE AND EAST

Applicant/Agent Coda Studios Ltd

Recommendation Grant Conditionally Legal Agreement

Subject to:

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

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

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

(a) Facing brickwork and blockwork including sample panels showing mortar and joints erected on site, (b) Scale drawings of balconies, timber screens and pergolas, (c) Details of gates to car park

In the interests of the visual amenities of the locality.

3 All stone heads sills and copings shall be constructed using natural stone.

In the interests of the visual amenities of the locality.

4 Before the development is commenced, full details of all external areas within the site boundary, including any proposed boundary treatment, shall have been submitted to and approved in writing by the Local Planning Authority.

In the interests of the visual amenities of the locality.

35 5 The residential accommodation hereby permitted shall not be occupied unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall:

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

(b) Be capable of achieving the following noise levels: Bedrooms: LAeq 15 minutes - 35 dB (2300 to 0700 hours), Living Rooms: LAeq 15 minutes - 45 dB (0700 to 2300 hours),

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

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

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

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

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

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

In the event that the specified noise levels have not been achieved, then notwithstanding the sound attenuation works thus far approved, a further scheme of sound attenuation works capable of achieving the specified noise levels and recommended by an acoustic consultant shall be submitted to and approved by the Local Planning Authority before the use of the development is commenced. Such further scheme of works shall be installed as approved in writing by the Local Planning Authority before the use is commenced and shall thereafter be retained.

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

36 8 Notwithstanding the drawings hereby approved, at least 25% of the flats hereby permitted shall be provided so as to comply with the following Mobility Housing standards:

(a) 1500mm wheelchair turning circles in kitchens and main bathrooms (b) 1200mm minimum width to corridors and landings (c) 800mm clear opening single door widths within 900mm structural openings (d) 800mm clear opening widths for each of double doors within 1800mm structural openings, (e) Internal ramp to main entrance from street,

and before the development is commenced full revised details thereof shall have been submitted to and approved by the Local Planning Authority.

To ensure ease of access and facilities for people with disabilities at all times.

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

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

10 The development shall not be used unless: (a) a 300 mm bund has been provided and thereafter retained at the car park entrance, (b) the main floor level to the ground floor lobby is constructed at least 300mm above the present footway level, (c) no other openings into the building below this level are provided at any time,

but before the development is commenced full details of the bund and lobby floor level shall have been submitted to and approved by the LPA.

In order to reduce flood risk to the development.

11 No development shall take place within the site until a programme of archaeological work has been implemented in accordance with a written scheme of investigation which shall first have been submitted to and approved by the Local Planning Authority.

To ensure that any archaeological remains whether standing or buried are preserved, either by being left in situ or recorded & removed before they are damaged or destroyed.

12 Before the development is commenced, a Phase 1 and Phase 2 Risk Assessment, to characterise the contamination on site and propose a remediation scheme to ensure safe redevelopment, shall have been submitted to and approved in writing by the Local Planning Authority. 37 Should any previously unsuspected contamination be encountered during the development, the Local Planning Authority shall be notified within one working day of its discovery, together with any proposed amendments to the proposed remediation scheme. The development shall then be carried out in accordance with the approved scheme and the applicant shall provide written verification that the remediation has been completed as approved, within 21 days of the approved scheme being completed.

In order to enhance the built environment of the City Centre.

13 The building shall not be used unless all redundant accesses have been permanently stopped up and reinstated to adjacent footway levels, and the sole means of vehicular access shall be that shown on the drawings hereby approved.

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

14 The development shall not be used unless the footway adjoining the site has been relaid in Sheffield Slab and granite kerb in accordance with details that shall have received the prior written approval of the LPA.

In order to comply with Part 3.3 of the Council’s Urban Design Compendium, and in the interests of good urban design generally.

15 The development shall not be used unless the cycle parking accommodation for 15 cycles as shown on the approved plans has been provided in accordance with those plans and, thereafter, such cycle parking accommodation shall be retained.

In the interests of sustainable travel and cycle usage generally

16 Notwithstanding the drawings hereby approved and before the development is commenced, revised car parking details showing car parking for people with disabilities shall have been submitted to and approved by the LPA, and the development shall not be used unless such disabled car parking provision has been provided as approved and thereafter retained.

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

17 Notwithstanding the drawings hereby approved and before the development is commenced, revised details of refuse bin storage shall have been submitted to and approved by the LPA, and the development shall not be used unless such revised bin storage has been provided as approved and thereafter retained.

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

18 No balcony or other structure should overhang the public footway below a height of 5.5 metres above the footway level.

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

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

To ensure satisfactory drainage arrangements.

20 Before the development is commenced, details of the proposed means of disposal of surface water drainage, including details of any balancing works or off-site works, shall have been submitted to and approved by the Local Planning Authority.

To ensure that the development can be properly drained.

21 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.

22 Surface water discharge from the site shall not exceed a rate of 8 litres per second, and before the development is commenced details of proposed surface water drainage demonstrating that such a limit is unlikely to be exceeded shall have received the prior written approval of the LPA.

In the interests of satisfactory drainage.

23 The development shall not be commenced until a scheme of public artwork, to be incorporated within the development, has been submitted to and approved in writing by the Local Planning Authority. Such approved public artwork shall thereafter be implemented on site in a timescale to be agreed with the Local Planning Authority.

In the interests of the visual amenities of the locality.

Attention is drawn to the following justifications:

IB6 - Development in Fringe Industry and Business Areas IB9 - Conditions on Development in Industry and Business Areas H2 - Locations for Housing Development H7 - Mobility Housing H12 - Housing Development in the City Centre H16 - Open Space in New Housing Developments BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings 39 This informative is intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report by contacting the Planning Records section on 2734215 or by visiting Sheffield City Council's website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

Attention is drawn to the following directives:

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

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

For access crossing approval you should contact the Highway Co-ordinator in that Department of Sheffield (0114) 2736136, quoting your planning permission reference number.

2. The applicant should be aware that a Legal Agreement has been completed in respect of this proposal.

3. As the proposed development abuts the public highway you are advised to contact the Highways Co-ordination Group on Sheffield 2736677, prior to commencing works. The Co-ordinator will be able to advise you of any pre- commencement condition surveys, permits, permissions or licences you may require in order to carry out your works. If your planning application involves the construction or alteration of an access crossing, this planning permission does not automatically permit the layout or construction of the access crossing in question. For access approval and specification you should contact the Highway Co-ordination Group on Sheffield 2736136.

4. You are advised that the site is close to the former water-powered Sylvester Wheel dating from the 17th century, and has a long history of association with the city's metal trades. Archaeological remains can be expected on the southern edge of this site, or slightly to the south underneath the adjoining retail warehouse. The development, especially the semi-basement car park, has the potential to disturb such remains, hence the condition imposed above.

5. You are advised that the development would benefit from some form of sustainable urban drainage for disposal of surface water to ground or to 40 attenuate discharge. For further information please contact W York, Transportation and Highways Drainage Section of the Council, Tel: 273 5847.

6. You are advised that Council’s approval of surface water drainage arrangements will be required in addition to any necessary separate approval from the Environment Agency. For further information please contact W York, Transportation and Highways Drainage Section of the Council, Tel: 273 5847.

Site Location

41 LOCATION AND PROPOSAL

This site adjoins the former Sylvester Works, which is a Grade 2 listed building now converted to student accommodation. To the west is a car park to a retail warehouse at the rear backing on to the Porter Brook. The site is occupied by vacant workshops.

The proposed building will have a semi-basement for parking and servicing, with residential floors above, rising to five floors.

HISTORY

Permission was refused on 7 January 2003 for demolition of the workshops and erection of 8 x 2 bedroom flats above ground floor shops/food and drink. The reasons included the scale, design, adverse impact upon the listed buildings, and disturbance of residents by customers of the ground floor food and drink unit.

Planning permission was granted on 2 June 2005 for a 5 storey block of 21 flats above a semi-basement, and conservation area consent was granted for the demolition of the existing workshops.

The present application by the same applicant is to revise this planning permission to include more flats.

REPRESENTATIONS

None.

Conservation Advisory Group The comments of the Group will be reported verbally at the meeting.

English Heritage: No objection.

Cultural Industries Quarter Agency: Welcome the development, and acknowledge the higher design quality especially with its position at the end of Arundel Street. Though wholly residential the scheme will target key workers and be pitched for both sale and rental market. Not unduly worried over relative height and massing, but would wish to see more animation at street level, perhaps through public art, lighting commission (managed through the CIQ Agency) and the building innovatively lit reflecting the emerging lighting strategy produced with Sutton Vane Associates.”

42 ASSESSMENT

Policy

The site lies within a Fringe Industry and Business Area in the Unitary Development Plan, and Policy IB6 lists Housing (Class C3) as acceptable, and Business (B1), General Industry (B2) and Warehouses (B8 excluding Open Storage) as preferred. Policy IB9 requires that (a) development should not lead to a concentration of uses that would prejudice the dominance of business and industry in the area, and (b) should not cause residents to suffer from unacceptable living conditions.

Policy H2 states that the City Centre is a main location for housing, and Policy H12 promotes City Centre housing where existing communities would be strengthened and new communities created that would not suffer from unacceptable living conditions.

Policy H16 requires a financial contribution towards provision of off-site open space in the absence of open space within the scheme.

Policy H7 requires 25% of housing to be Mobility Housing to help people with disabilities.

The site lies within the Cultural Industries Quarter Conservation Area. Policy BE16 requires that development should preserve or enhance the character of the Conservation Area. Policy BE19 requires development to preserve the character and appearance of a listed building and its setting.

Policy BE12 encourages public art where it would be readily seen by the public and integral to the design of major developments.

The Cultural Industries Quarter Action Plan requires a height limit on new buildings of 3-5 storeys, with some extra height allowed in the right setting as landmarks or focal points. The Urban Design Compendium repeats this advice.

Guideline 10 of the draft City Centre Living Strategy identifies the CIQ as an area where nightclubs may open until 0200 hours.

Land Use

The site is considered too small to affect the dominance of industry and business in the area, and as before there is no objection to residential as proposed.

Design

Various design improvements have been made since submission. The height has been reduced to 17 metres, by setting the basement floor below ground level and by reducing the ceiling heights from 3.0m to 2.85m. The link block has been reduced in height to 11m to match the eaves height of the adjoining Grade 2 listed building. 43 The entrance has been enhanced, render replaced by brickwork and coloured blockwork reduced to small areas forming a ground floor plinth. The materials palette has been simplified further by omitting stonework to the end elevation.

Details of sliding timber screens confirm that they will be fitted to the outer side of the balconies. Two of the flats have roof gardens, and there are communal residents’ gardens with pergolas on the fourth and fifth floors.

The building is of a similar scale to that already approved and is of an improved design, having varied roofline and vertical emphasis in a mixture of modern and traditional materials.

Noise

No noise report accompanies the application, but this element was assessed as part of the earlier approval. The night-club on Sidney Street 95 metres away has been a source of noise nuisance to existing residents at the former Sylvester Works. A report is required by condition, including validation of sound attenuation works. This is expected to deal satisfactorily with street noise from the venue, and any noise breakout.

Mobility Housing

The initial drawings were deficient, and despite revisions only 4 Mobility flats are included out of 28, this being only 14%. The scheme already approved had 33%. This is not acceptable and improvements are required by condition.

Access For People With Disabilities

Corridor and landing widths are to standard, but an internal ramp and disabled parking are required by condition.

Flood Risk

There is no objection provided that the car park ramp entrance is protected by a 300mm high beam within the site boundary, and that the lobby entrance level is 300mm above the footway level at the site boundary. There should be no other openings into the building below this level. This is covered by condition.

Archaeology

The site is known to be close to the former water-powered Sylvester Wheel, which was a grinding wheel named after a Mr Sylvester who rented it from 1697 to 1717. The site can be considered to have considerable archaeological potential. Remains can be expected on the southern edge of this site, or slightly to the south underneath the adjoining retail warehouse, although the present buildings will have caused some damage. The proposal, especially the semi-basement car park, has the potential to disturb remains associated with the long metal trades history of the site. 44 However, neither the impact nor the appropriate mitigation measures can be established until the present buildings are taken down and the site investigated.

A condition is attached preventing development until after the completion of an approved scheme of investigation.

Land Contamination

A Phase 1 and 2 Risk Assessment is required by condition to cover any contamination from the industrial use of the site.

Financial Contributions

An open space contribution of £25,307 towards off-site provision within the Cultural Industries Quarter accompanies the application, as does a street lighting contribution of £1,624 towards the lighting strategy for the CIQ. These are secured by a Unilateral Planning Obligation under Section 106.

Highways

6 parking spaces are shown in the basement. This is acceptable, but a disabled space is still required. A secure under cover cycle store is included. A bin store obstructs turning space and will need to be relocated. The adjoining footway will need to be relaid to the secondary materials palette in the Urban Design Compendium.

All the above are required or confirmed by condition.

RESPONSE TO REPRESENTATIONS

None.

CONCLUSION

This proposal is considered to be an improvement upon the previous approval, and likely to enhance the City Centre with its good design and respectful scale next to a Grade 2 listed building.

The outstanding design details referred to above can be satisfactorily resolved, and subject to these matters being conditioned approval is recommended.

RECOMMENDATION

Grant subject to the recommended conditions, and subject to the applicant entering into a Section 106 Legal Agreement with the following Heads of Terms, and subject to the recommended conditions:

45 Heads of Terms:

- The Owner shall pay on or before the commencement of the development the sum of £25,307 to be used for open space provision in the Cultural Industries Quarter. - - The Owner shall pay on or before the commencement of the development the sum of £1,624 towards amenity street lighting in the Cultural Industries Quarter. - - In the event of the development being delayed, the above sums shall be increased in line with inflation.

46 Case Number 05/00971/FUL

Application Type a Full Planning Application

Proposal Extensions to building, external works, shop fronts and fixing of cladding and change of use to ground and part first floors to 2 units within Use Class A34 (drinking establishment)

Location AEU House, 51 Furnival Gate, Sheffield, S1 4QQ

Date Received 11/03/2005

Team CITY CENTRE AND EAST

Applicant/Agent Escafeld Design

Recommendation Grant Conditionally

Subject to:

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

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

2 Before the development is commenced, full details of the proposed external materials, including samples, shall have been submitted to and approved in writing by the Local Planning Authority.

In the interests of the visual amenities of the locality.

3 Before the development is commenced, full details of the proposed fixing of the new facing material, including sections, shall be submitted to and approved in writing by the Local Planning Authority.

In the interests of the visual amenities of the locality.

4 The building shall be used for the above-mentioned purpose only between 0800 hours and 0230 hours on any day.

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

5 The building shall not be used for the purpose hereby permitted unless suitable apparatus for the arrestment and discharge of fumes or gases has been installed. Before such equipment is installed details thereof shall have 47 been submitted to and approved by the Local Planning Authority. After installation such equipment shall be retained and operated for the purpose for which it was installed.

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

6 No movement, sorting or removal of waste bottles, materials or other articles, nor movement of skips or bins shall be carried on outside the building within the site of the development between 2300 hours and 0700 hours Monday to Saturday and 2300 hours Sundays and Public Holidays.

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

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

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

8 The fire exit doors shall only be used as an emergency exit and shall not at any other time be left standing open.

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

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

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

10 No live music or amplified sound shall be played within the building unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall: In the interests of the amenities of the locality and occupiers of adjoining property.

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

a) Be based on the findings of an approved noise survey of the application site, including an approved method statement for the noise survey, 48 b) Be capable of restricting noise breakout from the building to the street to levels not exceeding:

(i) the background noise levels by more than 3 dB(A) when measured as a 15 minute Laeq,

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

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

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

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

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

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

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

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

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

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

Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Area

50 Site Location

51 LOCATION AND PROPOSAL

The site of the application is an office building, erected during the early 1970s which faces out on to the roundabout at Furnival Square, Arundel Gate and Eyre Street. The height is 10 floors including a roof space area surrounded by a high parapet wall, containing space originally designed as caretakers accommodation but used as offices. The existing facing material is a concrete tile which has fallen off in places and been replaced with a poor, and therefore contrasting, match.

The adjoining buildings are all similarly high or higher: Redvers House, Derwent House, Howden House to the rear and Arundel House and Furnival House opposite on the corners of Furnival Square.

The applicants are proposing to re-clad the building as part of a programme of refurbishment, retaining the upper floors as offices but installing two uses within Use Class A4. The revised Use Classes Order defines this class as Drinking Establishments to include use as a public house or as a wine bar. A use within Class A2, a bank, already operates on the ground floor and will remain.

As part of the conversion two new windows are proposed on the frontage, new shop fronts within existing spaces and a ramp for disabled access.

There is a small yard to the rear with a service ramp. An extension to the ground floor to provide a kitchen and a beer cellar is proposed on part of this yard. The remainder will be the bin store area and rear access/escape to and from the building.

Part of the roof terrace which is behind a high parapet wall is to be covered by a flat roof. This cannot be seen from the street but only from the higher floors of adjoining buildings.

The plans show also venting equipment to be placed on the lower flat roof area and it will also be located on the main roof on the remaining open areas.

A letter accompanying the application states the applicants require a 0230am closing time.

Permission has previously been given (2003) in the building adjoining (part of the Redvers House complex), for a café/bar opening until 0300am.

REPRESENTATIONS

None received.

52 PLANNING ASSESSMENT

Policy Issues

The site is located in the Central Shopping Area. Food and Drink Outlets are a preferred use in the menu of Policy S3 Development in the Central Shopping Area. The use at ground floor level introduces an active frontage. The hours of operation should be set by the Night –Time Uses Draft Interim Planning Guidance, approved by Cabinet on the 26th January 2005 and the City Centre Living Strategy.

In design terms the guidance of the Urban Design Compedium on architectural quality should be followed in respect of the changes to the cladding material.

Design Issues

The building is essentially a contemporary one with detailing and projections on several planes which are being retained and re-clad in modern materials.

The existing building has some modelling and angles to its elevations and the new cladding material would be fixed to that. The choice and combination of them and how they are arranged is crucial. Conditions are recommended to control the exact type, colour and arrangement. Views up and down Furnival Gate are identified in the Compedium as important and a site like this which opens out on to a wide area has an impact on such views. The applicants have been unable to specify a manufacturers product at the moment, but further details are to be supplied prior to the meeting. Once that product is identified, it will also be necessary to clarify how it will be fixed to the building.

The changes to the appearance in terms of the shop fronts and windows positively improve the appearance. The windows add interest to a large area of blank wall facing out on to Furnival Square.

The extension to the rear is fairly low key and fits in under the projecting first floor over the service yard.

Noise and Amenity Issues

The applicants have indicated they require the A4 uses to operate until 0230am. There is no living accommodation in any nearby or adjoining buildings at the moment. They are occupied by City Council office staff or retail uses.

In terms of the Draft Interim Guidance, the site is not within the control led areas where 1230am closing is recommended. The three criteria of Guideline 2 can be applied therefore where appropriate. These refer to living and working conditions, law and order, and movement of pedestrians and road users.

The nearest existing living accommodation is the flats over the Ha-Ha Bar facing the Peace Gardens which are 160m from the site. There is some proposed in Butcher Works and Sterling Works on Arundel Street. All three of these sites have 53 existing or proposed noise attenuation. For the long term the development on the site of the former Register Office and the land bounded by Charles Street, Arundel Gate and Eyre Lane may contain living accommodation which will be sound attenuated if it goes ahead.

The conditions of workers during daytime is less of a problem. The ambient noise of the city centre and the lack of opening windows in the adjoining contemporary buildings would mean the impact of activity in and around the proposed uses would be very little. The major issue might be the passage of noise within the building itself. This is relevant as far as the proposed air conditioning systems are concerned on the roofs of the building. They are proposed in inconspicuous positions as far as views in the street are concerned. The noise from them is also unlikely to be heard, although they will be visible from adjoining upper floors.

The site is not immediately near to any residents and the amenities of any workers should be protected by the noise attenuation and odour control measures which are recommended in the conditions. The building is a contemporary one and installing these measure, especially in the new rear extensions should not be a problem.

Highway Issues

Parking is fairly limited in the streets to the rear and because of traffic regulations, and a one way system of in by Charles Street and out by Union Street exists. Lay- bys for cars to drop off/pick up and bus stops exist on Furnival Gate and Arundel Gate which are the through routes. The premises are serviced from the rear off Union Lane and this is unlikely to inconvenience any resident over the Ha-Ha Bar or any workers during the day.

Public Order Issues

There are no open areas next to the premises which can be used for tables and chairs. All external areas are public highway and next to a roundabout and are fairly unattractive as areas to congregate as well as being in full view of law enforcement. There is no space where chairs and tables could be accommodated as an external area.

Access Issues

The complete building is being updated to comply with the Disability Discrimination Act.

SUMMARY AND RECOMMENDATION

The site is on the opposite side of Furnival Gate from the original boundary of the area which the City Centre Living Strategy identified as suitable for late night uses. The area around the site is similar in character with a lack of residents and with buildings next door which are unlikely to be converted into dwellings. The proposal for A4 Uses meets also the terms of the other policy guidance on this site and the area. 54 The refurbishment of the building would also be advantageous taking account that modern buildings and one similarly refurbished, are adjoining.

The application is recommended for grant subject to conditions.

55 Case Number 05/01126/FUL

Application Type a Full Planning Application

Proposal Extension of opening times until 02.30am on Thursdays to Saturdays and on Sundays immediately prior to Bank Holidays (Application under section 73 to vary condition 9 imposed by 03/00973/FUL)

Location Site Of 6 Regent Terrace And 11-19, Regent Street, Sheffield

Date Received 22/03/2005

Team CITY CENTRE AND EAST

Applicant/Agent Escafeld Design

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the use of the premises as a bar until 02.30 hours on Thursdays, Fridays, Saturdays and on Sundays immediately prior to Bank Holidays would result in an unacceptable level of noise disturbance to the occupiers of flats immediately above and adjacent to the premises. As such the proposal is contrary to the aims of Policy CF8 of the Unitary Development Plan and Guideline 10 of the City Centre Living Strategy.

56 Site Location

57 LOCATION AND PROPOSAL

Located in a designated Education Area as defined in the Unitary Development Plan [UDP], the application site lies on Regent Street, on the northern side of Glossop Road.

The application site is occupied by a seven storey building, with the ground and first floors being a bar (and the subject of this application), known as Sharkey’ s, and the upper floors being apartments. Adjacent to the site to the north is a surface level car park and beyond the five storey red brick built Innovation Centre. On the opposite side of Regent Street is a four storey modern office building.

To the south the site adjoins the Sinclairs site, which has a frontage to both Regent Street and Glossop Road. This site is currently being redeveloped with a bold six storey building of contemporary appearance, including a new shop and food and drink use at ground and first floor with four stories of apartments over.

Planning permission is being sought to extend the opening hours of the bar at ground and first floor level to 02.30 hours on Thursdays, Fridays and Saturdays and on Sundays immediately before Bank Holidays. The original consent allowed the bar to open until 00.30 hours on any day.

PLANNING HISTORY

9B/0857P Permission was granted on 31 July 2002, subject to a Section 106 Unilateral Legal Agreement, for the erection of a six storey building comprising of an A3 [food and drink] unit at ground and first floor and four-storeys of student accommodation over.

02/03359/FUL A standard condition was imposed on the above planning approval restricting the opening hours of the A3 unit to 0900 hours to 2330 hours, Mondays to Saturdays, and 0900 hours to 2300 hours on Sundays and public holidays. An application to extend the opening hours of the A3 unit to 0030 hours was granted in December 2002.

03/00973/FUL Permission was granted on 13 August 2003 for an amended scheme to erect a building with use of ground and first floors as Use Class A3 (Food & Drink) and use of second, third, fourth, fifth and sixth floors as 10 flats.

REPRESENTATIONS

No representations to date.

58 PLANNING ASSESSMENT

Policy Issues

The site lies on the edge of an Education Area as defined in the UDP. Policy CF7 of the UDP describes both A 3 [food and drink] and housing uses as acceptable in Education Areas. Policy CF8 states that such uses should not cause residents to suffer from unacceptable living conditions.

The City Centre Living Strategy (CCLS) was approved in April 2004 as supplementary planning guidance. Guideline 10 of the CCLS sets opening hours for new A3 units in order to protect the amenity of local residents during the night time hours. The CCLS states that, in the Devonshire Quarter, pubs and bars can open until 12.30am (0030 hours).

The Devonshire Quarter Action Plan (proposal 7.3) also recommends that no further extensions of opening hours for bars/pubs/clubs be allowed in that area to protect living conditions for residents.

The Council’s approval of the Cabinet Report on ‘Draft Interim Planning Guidance on Night-Time Uses’ of 26 January 2005 is also a material consideration. Any proposal to extend opening hours should comply with Guideline 2, which requires that such uses will only be allowed if conditions for nearby residents will not be harmed by, amongst other things, noise breakout, traffic, odours, street noise or general disturbance and that they would not be likely to lead to anti-social behaviour that would disturb residents or people using the area. In considering the above criteria account must also be taken of the cumulative harmful effect of existing leisure and entertainment uses.

Amenity Issues

There are flats immediately above the premises and there will also be flats immediately adjacent when the Sinclairs building is completed and occupied. It is important, therefore, that the living conditions of these existing and future residents are not significantly harmed by an extension of opening hours.

The City Centre Living Strategy clearly states that pubs and bars in the Devonshire Quarter will normally be permitted to open until 0030 hours. However, recent changes to the licensing laws have resulted in a number of pubs and bars wanting to open later into the night.

While the CCLS and the amenity of residents are still very much material considerations when considering planning applications, there may be locations in which, in the spirit of the new licensing laws, the granting of a later opening time is considered to be acceptable, at least on a trial basis.

59 However, background noise levels on Regent Street are considered to be relatively low given the low levels of traffic and the lack of existing late night uses in the immediate vicinity. Furthermore this is a narrow street, where the noise from patro ns leaving the premises in the early hours of the morning is likely to be elevated due to the limited distance between buildings on the street. It is therefore considered that extending opening hours until 0230 hours would be harmful to residential amenity in this location and is inappropriate on this particular site.

RECOMMENDATION

It is therefore recommended that this application should be refused due to the harm it would cause to the living conditions of residents above and adjoining the premises in this otherwise relatively quiet location.

60 Case Number 05/01132/FUL

Application Type a Full Planning Application

Proposal Extension of opening times until 02.30am on Sundays immediately prior to Bank Holidays, Public Holidays, New Years Eve and on 12 other days per year (Application under section 73 to vary condition 9 imposed by 03/00973/FUL)

Location Site Of 6 Regent Terrace And 11-19, Regent Street, Sheffield

Date Received 22/03/2005

Team CITY CENTRE AND EAST

Applicant/Agent Escafeld Design

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the use of the premises as a bar until 02.30 hours on Sundays before Bank Holidays, Public Holidays, New Years Eve and on 12 other days per year would result in an unacceptable level of noise disturbance to the occupiers of flats immediately above and adjacent to the premises. As such the proposal is contrary to the aims of Policy CF8 of the Unitary Development Plan and Guideline 10 of the City Centre Living Strategy.

61 Site Location

62 LOCATION AND PROPOSAL

Located in a designated Education Area as defined in the Unitary Development Plan [UDP], the application site lies on Regent Street, on the northern side of Glossop Road.

Planning permission is being sought to extend the opening hours of the bar at ground and first floor level to 02.30 hours on Sundays before Bank Holidays, Public Holidays, New Years Eve and on 12 other days per year. The original consent allowed the bar to open until 00.30 hours on any day.

PLANNING HISTORY

REPRESENTATIONS

No representations to date.

63 PLANNING ASSESSMENT

Policy Issues

The site lies on the edge of an Education Area as defined in the UDP. Policy CF7 of the UDP describes both A3 [food and drink] and housing uses as acceptable in Education Areas. Policy CF8 states that such uses should not cause residents to suffer from unacceptable living conditions.

The Devonshire Quarter Action Plan (proposal 7.3) also recommends that no further extensions of opening hours for bars/pubs/clubs be allowed in that area to protect living conditions for residents.

Amenity Issues

64 However, background noise levels on Regent Street are considered to be relatively low given the low levels of traffic and the lack of existing late night uses in the immediate vicinity. Furthermore this is a narrow street, where the noise from patrons leaving the premises in the early hours of the morning is likely to be elevated due to the limited distance between buildings on the street. It is therefore considered that extending opening hours until 0230 hours, even on a limited basis of approximately 30 days, as proposed in this application, would be harmful to residential amenity in this location and is inappropriate on this particular site.

RECOMMENDATION

It is therefore recommended that Members refuse consent for the building to be used as a café bar until 02.30 hours due to the harm it would cause to the living conditions of residents above and adjoining the premises in this otherwise relatively quiet location.

65 Case Number 05/01359/FUL

Application Type a Full Planning Application

Proposal Use of retail unit for A3 Use and additional occasional seating in mall

Location GT News, Crystal Peaks Shopping Centre, Eckington Way, Sothall, Sheffield

Date Received 29/03/2005

Team CITY CENTRE AND EAST

Applicant/Agent Comprehensive Design Architects

Recommendation Grant Conditionally

Subject to:

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

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

2 The unit shall not be used for the purpose hereby permitted unless suitable apparatus for the arrestment and discharge of fumes or gases has been installed. Before such equipment is installed details thereof shall have been submitted to and approved by the Local Planning Authority. After installation such equipment shall be retained and operated for the purpose for which it was installed.

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

3 Before any development commences, details of the design of the guard rail to the external seating area shall be submitted to and approved by the Local Planning Authority.

In the interests of not creating a hazard for disabled people.

Attention is drawn to the following justifications:

Site Location

67 LOCATION AND PROPOSAL

The site relates to part of the GT News unit that is situated within Crystal Peaks shopping centre. This unit is adjacent to the central atrium and is accessed from the shopping mall.

Part of the GT News unit is to be retained as a shop. The application relates to approximately 120 sqm. that is proposed as a café.

SUMMARY OF REPRESENTATIONS

None received.

PLANNING ASSESSMENT

Policy Issues.

The application site lies within the district shopping centre. Policy S7 in the UDP advises that shops are the preferred use and that food and drink outlets are acceptable uses. This is subject to a change of use not leading to a concentration of uses, which would prejudice the dominance of the preferred shopping use or its principle role as a shopping centre (Policy S10).

In this case the proposal only relates to a small part of the overall floor area and shopping uses will remain dominant in the centre, even if the proposal is permitted.

Amenity Issues.

This unit is within a shopping mall and distant from residential uses. Therefore there is no need to restrict opening hours on amenity grounds. A condition is proposed to ensure the fume extraction system is designed to minimise the escape of odours.

Access Issues.

The shopping centre as a whole is well served by public transport and has substantial provision for customer parking. The use is therefore sustainable in transportation terms and it will have a minimal effect on parking demand.

The shop unit has a level entrance and the entrances to the shopping centre are designed to facilitate disabled access. Disabled parking is available close to the shopping centre entrances.

SUMMARY AND RECOMMENDATION

The proposal is consistent with policy and does not raise any amenity or access concerns. Therefore it is recommended that planning consent be granted.

68 Case Number 05/01217/REM

Application Type an Approval of Reserved Matters

Proposal Erection of 2 x 6-storey buildings to be used as offices, including alterations to the public highway and associated landscaping

Location Land And Buildings At Riverside Exchange, Bridge Street And, Millsands, Sheffield

Date Received 31/03/2005

Team CITY CENTRE AND EAST

Applicant/Agent Hadfield Cawkwell Davidson

Recommendation Reserved Matters Approved Conditionally

Subject to:

1 The buildings shall not be occupied until the following items have been provided in accordance with details which have been subject to and approved by the Local Planning Authority prior to the commencement of development unless otherwise agreed in writing by the Local Planning Authority.

- external lighting - bollards - facing materials - external paving - benches - treatment to the north boundary - pointing to brickwork

In the interests of the amenities of the locality.

2 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 69 the approved details unless otherwise authorised in writing.

In the interests of the amenities of the locality.

3 The finished ground floor levels shall be no lower than 48.36 metres A.O.D.

To reduce risk of flooding.

4 Before the development is commenced, details of the junctions of the proposed pedestrian/cycle route with the existing riverside walk/cycleway and the existing spine road shall be submitted to and approved by the Local Planning Authority.

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

5 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, increases 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 Before the development is commenced, details of the following shall be provided.

a) pedestrian crossings to Millsands b) the changes to the carriageway on Millsands

The works covered by these details shall be carried out prior to the occupation of the buildings.

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

Attention is drawn to the following justifications:

IB6 - Development in Fringe Industry and Business Areas IB9 - Conditions on Development in Industry and Business Areas

Attention is drawn to the following directives:

1. The applicant is advised to contact the Council's Design and Property, (Drainage and Bridges Division), 2-10 Carbrook Hall Road, Sheffield, S9 2DB (Telephone Sheffield 2734456) to seek approval for the proposed drainage arrangements, as soon as possible, prior to the commencement of development.

2. As the development is likely to involve the erection of hoardings to enclose the site during construction, the developers attention is drawn to the Councils strategy to control fly-posting.

Part of the strategy is to accept fly-posting on such hoardings under the terms set out in the Council statement below. The aim is to avoid fly-posting in more sensitive locations and you are asked to support this objective by not taking action to prevent such bill-posting, though you may wish to direct the activity to specific hoardings at the site.

STATEMENT OF SHEFFIELD CITY COUNCIL

UNAUTHORISED BILL POSTING - CIRCUMSTANCES IN WHICH THE COUNCIL WILL NOT TAKE ACTION TO REMOVE, OR OBSCURE POSTERS, OR TO PROSECUTE THOSE RESPONSIBLE

1. This statement is made solely in respect of the Council's function as a Local Planning Authority and the powers thereby conferred upon it. It does not relate to any other powers possessed by the Council or its actions in respect of any property in which it has an interest.

2. This statement does not confer any legitimacy on the sticking of posters/bills on structures or property without the consent of the owner or other person 71 having an interest in that property, nor legitimacy under the Town and Country Planning Acts or any other relevant legislation.

3. This statement does set out, as far as possible the locations, and circumstances in which bill-posting may normally take place without the adverse affect on public amenity or highway safety being of such a degree that the Council would deem it necessary to take action against those carrying out, or benefiting from, the activity or to remove or deface the offending advertisement.

4. Given that it is not possible to specify every location or circumstance which may occur in practice the Council reserves the right to take whatever action it deems necessary without notice in respect of unauthorised bill-posting notwithstanding part 3 above.

5. Bill-posting on the following structures would not normally result in action being taken under the Planning Acts.

(a) Hoardings screening development sites.

(i) Only bill-posting on hoardings to sites where building work is underway shall be generally exempt from action being taken by the Council. In all other cases bill-posting shall not take place unless the Council have been notified and subsequently confirmed that they are not minded to take action in respect of a specific site.

(ii) The posters shall be displayed and maintained in a neat and tidy manner with a border left above the posters and at least 0.5 metre between the bottom of any poster and ground level.

(iii) Existing authorised advertisements or artwork shall be respected.

72 Site Location

LOCATION AND PROPOSAL

73 This is the last available site in the Riverside Exchange development. The new riverside walk along the Don forms the east boundary. The other boundaries are flanked by new buildings which are in use or nearing completion, including residential blocks to the north and north west.

Both the buildings are six storeys in height. The smaller of the two is located 12.5 metres to the north of the new Irwin Mitchell office block and contains 86,500 ft². The larger building is located on the other side of a proposed new public route between the spine road (Millsands) and the riverside walk and contains 125,000 ft². Between this building and the existing flats to the north a public square is proposed. A small café is shown in this square but this is not part of this application and no application for it has been submitted. Such facilities are not required to be provided by the original outline permission but Members have expressed a wish to see them in the area. In which respect a retail unit has been provided in the ground floor of the recently completed residential tower adjoining the application site.

The square will also contain a major work of public art which will complete the scheme of art provision at Riverside Exchange. Details of this piece will be available at the Area Board meeting.

PLANNING HISTORY

Outline permission exists for the whole Riverside Exchange development and a condition on that permission requires that over half the site must be used for Class B1 (business purposes). An application for 274,000 ft² of office space in a single building (04/03344/REM) remains to be determined and may now be withdrawn should this scheme receive approval.

Planning permission was granted some years ago for the erection of a nine storey block of flats on the northern part of the application site.

REPRESENTATIONS

No representations have been received.

PLANNING ASSESSMENT

Policy Issues

The proposal is fully in line with UDP Policy (IB6 and IB9) which require the preferred uses (offices, industry or warehouses) to remain the dominant use.

Design and External Appearance

The proposed office blocks are approximately 2 metres lower than the Irwin Mitchell office block and substantially lower than the new residential tower across Millsands. It is considered that their height and massing is appropriate and that two buildings is an improvement on the previous proposal for a single block.

74 The external appearance of both buildings is the same and contrasts with the heavy reliance on brick in the existing buildings. On the smaller block the elevations facing the river are basically glass with a large feature canopy at roof level supported on thin metal columns. The elevation is further enlivened by balconies, brickwork framed glazed stair cores and a vertical element in ceramic tiles. The elevations to Millsands are similar but there are no balconies. The side elevations are plainer, they are largely glass in horizontal layers subdivided by narrow bands of brickwork. In the case of the larger block the elevation onto the new square is similar to that facing the river and that facing Millsands contains more brickwork.

In effect these buildings will have a much lighter appearance than the Irwin Mitchell office block with glass being the major facing material. The design is considered to be of good quality and the contrast with the other buildings will add interest to the whole development.

Residential Amenity

The proposed office buildings will have less impact on the sunlight and daylight received by residents in the residential block to the north than the nine storey apartment block previously granted permission. Not only is it lower but the open space between the buildings has been widened to form a proper square rather than a landscaped route. The buildings would be 35 metres apart at their closest.

The sunlight path analysis submitted for March 21 shows that the building will not cast a shadow on the apartments at any time during the day.

Transport and Highways

The car parking related to the proposed offices will be provided within the existing multi-storey car park, 211 spaces will be made available. This is a parking ratio of 1 space per 100m²gross floor area. UDP policy for this key development site allows up to 1 space/70m² gross floorspace, therefore provision is well within the guideline. Servicing will be via a service bay on Millsands.

The applicant has agreed to reconfigure the junction of Millsands with Bridge Street including the length adjoining the public square and the bell mouth access to the existing flats. The intention is that by using paving to replace the tarmac and reducing existing kerb radii, the road will be less vehicular in character. Also this part of Millsands forms a short link in a major pedestrian route from Nursery Street to Bridge Street which will potentially be extended towards the Cathedral Quarter as the West Bar area is redeveloped.

Extensive short and long stay cycle parking provided together with the showering facilities.

Archaeology 75 A full archaeological investigation has already been carried out for the entire site, no further work is required.

Access

Both buildings are fully accessible and disabled parking facilities are located in the multi-storey car park on the opposite side of Millsands.

CONCLUSION

It is now ten years since outline planning permission was granted for the scheme to redevelop the Exchange Brewery site. This is the last part of the site still vacant and it is hoped that work be initiated as soon as possible to complete a development which has helped to demonstrate that Sheffield City Centre is a viable place to invest.

The building design is of good quality and appropriate scale. The public spaces to be provided reinforce the public permeability of the area. The new square will be useful for office staff and local residents and the new artwork will act as a focal point and landmark.

Therefore officers have no hesitation in recommending the application be approved subject to the conditions outlined.

76 Case Number 05/01435/FUL

Application Type a Full Planning Application

Proposal Erection of 2 workshops and extension of boundary wall

Location Victoria Boatyard, Sussex Street, Sheffield, S4 7YY

Date Received 19/04/2005

Team CITY CENTRE AND EAST

Applicant/Agent M Upperdine

Recommendation Grant Conditionally

Subject to:

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

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

2 The building shall be colour coated dark green unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the visual amenities of the locality.

3 The facing brickwork to the screen wall shall match that of the existing brick wall.

In the interests of the visual amenities of the locality.

4 Should the workshops be used between the hours of 2300 and 0700, the doors shall be kept closed whilst work is taking place on the boats.

In the interests of the amenities of occupiers of the residential institution opposite the site.

5 Surface water discharge from the completed development site shall be restricted to a maximum flow rate of 8 litres per second. Before the development is occupied written confirmation shall be given to the Local Planning Authority that the necessary equipment has been installed on site to achieve the required restricted rate of discharge, unless otherwise agreed in writing by the Local Planning Authority.

77 In order to mitigate against the risk of flooding.

Attention is drawn to the following justifications:

MU10 - Victoria Quays Mixed Use Area MU11 - Conditions on Development in Mixed Use Area

78 Site Location

79 LOCATION AND PROPOSAL

The site adjoins the canal and is located to the north of Victoria Quays on the north side of the Wicker viaduct. It is largely an open site used for the storage, repair and building of canal boats. There is an existing brick built workshop located on the eastern part of the site adjoining Cadman Street. On the opposite side of the canal is the Sipella Works that is, listed grade II. Members will recall that consent was recently granted for part of this unit to be used as living accommodation and as workshops for an Emmaus community.

The application proposes the erection of two workshops with a combined floor area of approximately 650 sqm. One of the workshops is to be built close to and parallel to the canal, the other is close to Effingham Lane and perpendicular to the canal. The design of both buildings is functional, they comprise of colour coated metal clad elevations with pitched roofs. They allow work on the boats to take place under cover. It is also proposed to build a 2.4m high screen wall along part of the canal boundary.

SUMMARY OF REPRESENTATIONS

British Waterways have confirmed that they have no objections to the proposal.

PLANNING ASSESSMENT

Policy Issues.

The site lies in the Victoria Quays mixed use area as identified on the Proposals Map. Policy MU 10 states that a boatyard is one of the acceptable uses. Policy MU11 seeks to ensure that new development preserves or creates variety in the area and does not cause residents of any residential institution to suffer from unacceptable living conditions. It also states that new development should be well designed and of a scale and nature appropriate to the site.

The proposal will enable an existing use that adds to the variety and interest of the area to remain competitive and in this respect the proposal is consistent with the above policies. The amenity and design issues are considered further below.

Amenity Considerations.

Although the site is located in a general industrial area planning permission has recently been granted for the use of part of the Sipella works opposite the site for a residential institution. The boatyard was obviously in existence at the time when this application was considered and noise from the boatyard was taken into account. Members will recall that noise attenuation works have to be carried out before the residential accommodation is occupied.

The greatest level of noise is generated by the existing workshop, which is used for the metal fabrication elements of boat building. At present the woodwork and finishing elements take place outside. The workshop nearest the canal will be used for painting the boats and little noise should be generated. The workshop 80 nearest Effingham Lane will be used for fitting out the woodwork elements of the boats. This part of the site is the most distant from Sipella works whereas these activities currently take place adjacent to the canal. Environmental Protection Service officers have assessed the proposal and consider that the risk of the proposal resulting in disturbance to residential occupiers is low. Although the boatyard does not work at night a planning condition is proposed to ensure that if night working is introduced that the doors are kept closed. The applicant has confirmed that he has no objection to this restriction.

Design.

Although the boatyard falls within the Victoria Quays mixed use area it is separated from the main public areas by the Wicker viaduct and inner ring road bridge. As a result it is visually separate form the rest of the Quays and has a stronger connection with the industrial area to the east. The boatyard use comprises of significant areas of open storage, which includes boats at various stages of construction. Therefore whilst the use is interesting it is not particularly attractive. The proposed workshops are plain industrial buildings comprising of colour coated steel cladding with pitched roofs. The workshop adjacent to Effingham Lane will not be seen form the canal given the level differences; it will also be well screened from Effingham Lane by existing planting. The workshop adjacent to the canal will be visible but will not appear out of place given the context of the boatyard and the industrial setting. Both buildings will be colour coated green which will mean that they will not draw attention to themselves. The adjacent Wicker viaduct and Sipella works are listed however it is considered that the buildings will not affect the setting of either structure significantly.

The applicant is proposing to extend a brick wall along the canal frontage in order to screen the less attractive elements o f the use. The wall will be 2.4m high and topped with and engineering brick coping. This is a reasonable quality of boundary treatment that will sit reasonably in its context.

Access Issues.

The application site has a good access from Sussex Street, which c an adequately accommodate large vehicles. The applicant is gradually clearing the site of storage and proposing to provide an off street parking and loading area adjacent to the workshops. These facilities will adequately serve the needs of the use.

SUMMARY AND RECOMMENDATION

The proposal is consistent with the Unitary Development Plan policies and should not impact significantly on the recently permitted residential institution use. The design of the workshops is functional but this is to be expected given their purpose. Given this and the character of the boatyard use the design is considered to be acceptable. It is therefore recommended that planning permission be granted.

81 Case Number 05/01800/CAC

Application Type a Conservation Area Consent Application

Proposal Demolition of building (163-165 Arundel Gate and 44 Eyre Lane)

Location Unity House, 161-163 Arundel Gate, Sheffield, S1 2LQ

Date Received 06/05/2005

Team CITY CENTRE AND EAST

Applicant/Agent Sheffield One

Recommendation Grant Conditionally

Subject to:

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

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

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

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

82 Site Location

83 LOCATION AND PROPOSAL

The site is located within the Cultural Industries Conservation Area and comprises of the buildings between Arundel Gate, Brown Lane, Eyre Lane and Clay Lane. The site is occupied by an L-shaped arrangement of buildings up to 3 storeys in height and a small surface car park. They are all brick faced with large multi light windows; some of the buildings have saw toothed north light roof structures. The buildings have been vacant for some time.

To the north, the adjacent site is used as a short stay public car park. To the east there are the grade II* listed Butcher Works and the grade II listed Stirling Works. To the south there are single and two-storeybuildings used as offices and a council depot.

RELEVANT PLANNING HISTORY

An application for Conservation Area Consent to demolish the buildings, by Hallam University, was withdrawn in February 2002 (01/01633/LBC).

Outline planning permission was granted (subject to a legal agreement) in April 2002 for the erection of buildings for food and drink, shops, offices and non- residential institutions (99/00382/OUT).

SUMMARY OF REPRESENTATIONS

None received.

PLANNING ASSESSMENT

Policy Issues.

Unitary Development Policy BE16 is relevant, it states that buildings, which make a positive contribution to the character or appearance of a Conservation Area, will be retained. The justification for this policy states it will be necessary to look at what part the building plays in the area, and the impact which demolition will have on its immediate, and wider, surroundings. It also states that where demolition precedes redevelopment, conditions may be imposed to prevent unsightly gap sites in the interim.

Planning Policy Guidance (PPG) Note 15 sets out government planning policy on Conservation Areas and Listed Buildings. This states that when considering applications for demolition the primary consideration should be to pay special attention to the desirability of preserving or enhancing the character or appearance of the area.

The PPG states that there is a general presumption in favour of retaining buildings that make a positive contribution to the character or appearance of a conservation area. In less clear-cut cases - for instance, where a building makes little or no such 84 contribution - the local planning authority will need to have full information about what is proposed for the site after demolition. Consent for demolition should not be given unless there are acceptable and detailed plans for any redevelopment.

PPG 15 advises that it will often be appropriate to impose on the grant of consent for demolition a condition to provide that demolition shall not take place until a contract for the carrying out of works of redevelopment has been made and planning permission for those works has been granted. In the past, ugly gaps have sometimes appeared in conservation areas as a result of demolition far in advance of redevelopment.

The Cultural Industries Quarter Conservation Area Guidelines includes an appraisal of the character of the conservation area. The buildings that are the subject of this application are identified as buildings, which have a neutral impact on the character of the conservation area. However Eyre Lane is identified as a street with special character.

Eyre Lane, which runs parallel to Arundel Street, is identified as an important remnant of the character of the secondary service streets. The section between Charles Street and Furnival Street, which includes the frontage to the application site, is considered to retain its original character, with buildings retained on each side of the street to define a cavern like street, which is only 8 metres from building frontage to building frontage.

The Conservation Area appraisal identifies a number of features that detract from the character of the Conservation Area these include streets that comprise vacant sites and car parks. As a result these streets have had their original intimate and well-enclosed character undermined.

The general development guidelines states that there is a presumption in favour of preserving all listed and non-listed buildings within the area as the majority of the buildings make an important contribution to the streetscape.

The Urban Design Compendium identifies the Eyre Lane frontage of the site as falling within a distinct Character area in the Cultural Industries Quarter. The buildings within the application site are identified as unlisted buildings contributing to the character of the area.

Contribution to the character of the area.

The existing buildings have no special architectural merit but exhibit typical characteristics of metal trade buildings. These include large numbers of repetitive window openings and large metal-framed windows with multi paned openings. Some of the buildings also incorporate saw toothed north light roofs.

The buildings contribute to the special character of Eyre Lane by maintaining the enclosure of the street. The Eyre Lane buildings stand opposite the rear of the grade II* Butcher Works and together these buildings create an imposing canyon character.

85 The multi windowed elevations to Brown Lane and Clay Lane also help to define the narrow lanes, which create the gridiron street pattern and which are an important part of the character of the area.

However the appearance of the site from Arundel Street detracts from the character of the Conservation Area this is characterised by peeling painted brickwork, exposed gable walls, small car park and dilapidated lean-too building with asbestos roof sheeting. The broken, boarded up and bricked up windows on the other elevations also give a dilapidated appearance.

The applicants have commissioned an Archaeological Assessment and Building Appraisal. The earliest building on the site (which is in the middle of the site and has now been integrated in later buildings) probably dates from the late nineteenth century. It is probable that W. S. Butcher who owned the listed works on the opposite side of Eyre Lane constructed some of this building, as they occupied the eastern part of the site in 1889. The remaining buildings on the site seem to date from the mid 20th century. The buildings are not particularly unusual or innovative. The assessment recommends that the buildings should be recorded and a watching brief should be undertaken during demolition in order to allow better interpretation of the site and to identify if any potential archaeological interest.

Justification for Demolition.

The applicants have put forward the following case for demolition. Yorkshire Forward has acquired the site, along with the adjacent car park to the north. They wish to demolish the buildings as they are in the process of selling the site to Hallam University and they are obligated to deliver a cleared site. Sheffield One has prepared a brief in conjunction with the Council Planning Department that calls for a mixed development. It expects the site to be developed in a single phase and states that the existing buildings can be demolished subject to high quality replacements, a justification and Archaeological Assessment and Building Appraisal being carried out. Hallam wish to develop the site for teaching and research accommodation and all the partners are committed to bring this about as soon as possible. As part of the legal agreement for the sale of the land Hallam are required to make a start on site by September 2008. However the target date for occupation is September 2008 and therefore the period that the site remains vacant will be minimal. The site may be used temporarily as a contractors compound for construction of various phases of Heart of the City in the interim.

It is argued that the buildings have little architectural or historic merit and that their dilapidated and run down appearance strongly detracts from the character and appearance of the area. It is argued that this impact is particularly significant opposite the Heart of the City development, one of the city’s strategic master plan projects. It is also argued that whilst PPG15 seeks to avoid unsightly gap sites within conservation areas this situation already exists with the existing car parks on the Arundel gate frontage.

86 The building is not weather tight and part of the second floor and a section of roof has collapsed. It has been estimated that reinstatement of the fabric would cost in the region of £50,000, and £10,000 a year for maintenance and management which is considered wasteful, if it is likely to be demolished anyway. Officers are not convinced that such a large sum would be required for making the building safe for a temporary period pending redevelopment.

There is also some concern about the structural integrity of the building, which will mean the costs of bringing back into use would be high. The layout of the building is fragmented and the narrow spaces would make it unattractive for current commercial uses. These two factors would almost certainly preclude any viable or economic refurbishment scheme.

SUMMARY AND RECOMMENDATION

It is considered the demolition of the buildings and creation of cleared site will be harmful to the character of the conservation area. It is accepted that the appearance of the Arundel Gate frontage to the site is harmful to the Conservation Area but this argument is less convincing for the other frontages. The creation of an additional gap site in the Conservation Area will certainly be more harmful to the character of the Conservation Area than the retention of the existing buildings.

It is arguable about how much the existing buildings contribute to the character of the area however they do appear as typical 1930/40s metal trade buildings. The creation of a cleared site will certainly detract from the canyon character of Eyre Lane and mean that the Brown Lane and Clay Lane are less well defined visually. As no detailed planning permission or contractual commitment exists for the redevelopment of the site the proposal is contrary to the guidance in PPG15 and UDP policy BE16.

It is argued that the site will be vacant for a short period of time, (given the agreement forming part of the terms of sale) however developments are often delayed for entirely good reasons. The fact that the owner will be put to some additional costs to maintain the building cannot be given much weight, the primary consideration is the effect on the character of the conservation area. It is accepted that it is likely that a good case can be made for the demolition of the buildings based on a redevelopment scheme. However given that the proposal will be harmful to the character of the conservation area, the buildings should remain until such time as the redevelopment scheme is approved and the redevelopment of the site is committed. Therefore it is recommended that Conservation Area Consent is granted subject to a condition preventing demolition until a detailed planning permission is granted for the re-development of the site and a contract is let for its implementation.