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SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate

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SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate REPORT TO CITY CENTRE SOUTH AND EAST PLANNING DATE 01/09/2009 AND HIGHWAYS AREA BOARD REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS SUMMARY RECOMMENDATIONS SEE RECOMMENDATIONS HEREIN THE BACKGROUND PAPERS ARE IN THE FILES IN RESPECT OF THE PLANNING APPLICATIONS NUMBERED. FINANCIAL IMPLICATIONS N/A PARAGRAPHS CLEARED BY BACKGROUND PAPERS CONTACT POINT FOR Chris Heeley TEL 0114 2736329 ACCESS Kate Mansell NO: 0114 2736141 AREA(S) AFFECTED CATEGORY OF REPORT OPEN 2 Application No. Location Page No. 09/02397/FUL Imran's Southern Fried Chicken 8 60 - 62 Wicker Sheffield S3 8JD 09/02330/FUL Imran's Southern Fried Chicken 13 60 - 62 Wicker Sheffield S3 8JD 09/02296/CHU Peaks Fireplace Centre 20 53 High Street Beighton Sheffield S20 1EE 09/02265/FUL 57 Bellhouse Road 25 Sheffield S5 6HJ 09/02255/LBC Crucible Theatre 31 55 Norfolk Street Sheffield S1 2JE 09/02254/FUL Crucible Theatre 33 55 Norfolk Street Sheffield S1 2JE 09/02163/FUL Beighton Community Hospital 38 Sevenairs Road Sheffield S20 1NZ 09/02156/LBC 15 Westfield Terrace 48 Sheffield S1 4GH 3 09/02155/FUL 15 Westfield Terrace 50 Sheffield S1 4GH 09/02057/FUL Players House 57 300 Attercliffe Common Sheffield S9 2AG 09/02055/LBC Players House 66 300 Attercliffe Common Sheffield S9 2AG 09/02046/FUL 162 Holmhirst Road 75 Sheffield S8 0GX 09/02008/LBC Ashington Denton Solicitors 79 Imperial Chambers 18 - 20 Norfolk Row Sheffield S1 2PA 09/02007/FUL Ashington Denton Solicitors 83 Imperial Chambers 18 - 20 Norfolk Row Sheffield S1 2PA 09/01999/OUT 44 Main Avenue 89 Totley Rise Sheffield S17 4FJ 09/01992/CHU Old Crown Inn 33/33A Scotland Street 98 Sheffield S3 7BS 09/01963/FUL Curtilage Of Sunningdale 102 19 Cavendish Avenue Dore Sheffield S17 3NJ 4 09/01953/FUL Mandale House 111 28 Bailey Street Sheffield S1 4EH 09/01911/FUL The Nichols Building 118 Shalesmoor Sheffield S3 8UJ 09/01893/REM Site Of 89 London Road 141 Sheffield S2 4LE 09/01880/FUL Site Of Petrol Station 495-501 Ecclesall Road 153 And 5 Bruce Road Sheffield 09/01837/LBC University Of Sheffield 168 (Formerly Jessops Hospital For Women) Leavy Greave Road Sheffield S3 7RE 09/01836/FUL University Of Sheffield 172 (Formerly Jessops Hospital For Women) Leavy Greave Road Sheffield S3 7RE 09/01793/FUL 20 Low Edges 182 Chesterfield Road South Sheffield S8 8LW 09/01651/FUL 64 Wicker 194 Sheffield S3 8JD 5 09/01616/OUT Land At Rear Of Holbrook Works 200 New Street Mosborough Sheffield 09/01614/RG3 Abbeydale Grange School 222 Hastings Road Sheffield S7 2GU 09/01359/FUL 69 Bellhouse Road 230 Sheffield S5 6HP 06/01076/CAC Holiday Inn (Posthouse Hotel) 238 Manchester Road Sheffield S10 5DX 06/00836/FUL Holiday Inn (Posthouse Hotel) 240 Manchester Road Sheffield S10 5DX 6 7 SHEFFIELD CITY COUNCIL Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The City Centre South and East Planning And Highways Area Board Date Of Meeting: 01/09/2009 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 09/02397/FUL Application Type A Full Planning Application Proposal Application to extend opening hours to 1100 hours - 0400 hours Sunday to Thursday and 1100 hours - 0500 Friday and Saturday (Application under Section 73 to vary condition 5 - Hours of Use of original application No. 99/0968P, and subsequently varied on application no. 08/00883/FUL (amended description) Location Imran's Southern Fried Chicken 60 - 62 Wicker Sheffield S3 8JD Date Received 24/07/2009 Team CITY CENTRE AND EAST Applicant/Agent Andrew Chetwynd Recommendation Grant Conditionally Subject to: 5 The ground floor use of the building shall be used as a restaurant/hot food take-away only between 1100 hours and 0400 hours on Sundays to Thursdays and between 1100 hours and 0500 hours Fridays and Saturdays. Attention is drawn to the following directives: 1. The applicant is advised to note that Condition 5 above replaces condition 5 of 99/0968P and the remaining conditions remain in force. Site Location INTRODUCTION Members may recall an earlier application on this site (08/0883/FUL) for an extension of opening hours for the existing restaurant/hot food take-way to between 1100 hours and 0500 hours the following day on any day. This was granted conditionally in April 2008 for a temporary period of one year, expiring on 28th April 2009. Thereafter the hours of opening were restricted to between 0900 hours and 0100 hours the following day. It became apparent that notwithstanding the expiry of the temporary permission above, the premises continued to open for business beyond 0100 hours and as such, a letter from Planning Enforcement was issued in June of this year, hence the submission of this planning application. 9 LOCATION AND PROPOSAL The application site lies within the Central Shopping Centre, as defined in the Unitary Development Plan. The site relates to two end units, which are within a parade of shops of a three-storey block at the junction of Wicker and Willey Street. The site has two frontages, one fronting onto the Wicker and the other fronting onto Willey Street. The ground floor is currently in use as a fast food restaurant with takeaway facility – Imran’s, Southern Fried Chicken. To the rear is a yard which is used for servicing and bin storage. Immediately adjacent, to the north are 3 further units, which includes no. 64, ‘ Manu Salwa’ restaurant, and above nos. 66 and 68, at first floor level, are residential flats. To the south is another ground floor restaurant with take-away facility (Abdul’s Kebabish) and the Sadacca Centre. Beyond the site, to the east, is an area of vacant land, which is currently being used for car parking, which is adjacent to a new residential scheme towards the south-east. Opposite the site, to the west, is a parade of shop units. RELEVANT PLANNING HISTORY 09/02330/FUL – Use of first floor as additional seating area or restaurant, opening up of first floor window and provision of new shop front – Pending consideration at this Planning Area Board Meeting. 08/00883/FUL - Application to alter the hours of use of the hot food takeaway to between 1100 hours and 0500 hours the following day 7 days a week (Application under section 73 to vary condition No. 5 imposed by 99/0968P) – Granted Conditionally - 28th April 2008, for a period of one year. 07/00631/FUL – Alterations to part of building to form two self-contained flats and two shared living accommodation – Refused – 29th November 2007. 06/04602/FUL – Erection of a rear store and bin store – Granted Conditionally – 5th April 2007. 06/00490/FUL – Erection of a detached external toilet – Granted Conditionally – 29th March 2006. 99/01509/FUL (previously numbered 99/0968P) – Use of shop as restaurant and for the sale of take-away hot food (as amended 17.11.1999) – Granted Conditionally – 29th November 1999. SUMMARY OF REPRESENTATIONS No letters of representation have been received in respect of this application. PLANNING ASSESSMENT 10 Land Use Policy The application site lies within the Central Shopping Area, as defined in the Unitary Development Plan and as such Policies S3 and S10 apply to the assessment of this proposal. UDP Policy S3 identifies shops (Class A1) as the preferred use but does permit other uses, such as food and drink outlets (Class A3 – restaurants and cafes and Class A5 – hot food takeaways). The use of the ground floor of the premises as a hot food takeaway has already been established, given that it has been in operation for a number of years and does benefit from planning permission (ref no. 99/01509/FUL, formerly 99/0968P). The proposal involves a variance of Condition 5 of the original planning permission, to extend the hours of opening; thereby there is no material change in the use of the premises, and the proposal is acceptable in terms of Policy S3. Effect on Residential Amenity Since the proposal seeks a permanent extended hours of opening, UDP Policy S10 would apply. Of particular relevance, is section (b) which states that residents or visitors in any hotel, hostel, residential institution or housing should not suffer from unacceptable living conditions, including air pollution, noise, other nuisance or risk to health or safety. The original planning permission (ref no. 99/0968P) did not allow the building to be used between the 0100 hours and 0900 hours on any day. Planning permission was subsequently granted (ref no. 08/00883/FUL) for an extended hours of opening to between1100 hours and 0500 the following day, 7 days a week, for a period of 12 months. This application seeks to vary the condition of the original planning approval (99./0968P). The proposed hours of opening are 1100 hours - 0400 hours Sunday to Thursday and 1100 hours - 0500 Friday and Saturday. This would inevitably lead to further noise and activity taking place later into the morning. However, upper floors of the applicants’ property are not in residential use and it is considered that residents above shop units opposite the site, to the west, are a sufficient distance away as are the future residents of the new residential development, located to the south-east.
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