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

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

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. The nearest residents, who may be affected by the proposal, would be those occupying the upper floors of Nos. 66 and 68 Wicker. It is not considered that such residents would be unduly affected, given that they would not be immediately adjacent to the site and occupy upper floors. It should also be noted that these residents are already subjected to some noise by virtue of the location, fronting onto a main arterial road where there is substantial traffic noise, and within a Shopping Area, where some level of noise and activity, both during the day and evening would be expected.

11 The Environmental Protection Service have no objections to the proposal and have received no complaints following the temporary consent for the extension of opening hours (ref no. 08/00883/FUL).

Following consultation with the Police Architectural Liaison Officer, there have been a number of incidents reported from the existing premises. It is not considered that there have been a significant number of incidents which suggests that the use of the premises is problematic compared with other similar late night uses within the city centre. With this borne in mind, it is not considered that the extension of hours would cause demonstrable harm such that a refusal would be justified.

SUMMARY AND RECOMMENDATION

The site is located within the Central Shopping Centre and the existing use as a hot food take-away (Class A5) is well established and thus complies with UDP Policy S3.

It is acknowledged that there are existing residents occupying upper floors of neighbouring properties (in particular, Nos. 66 and 68 Wicker), but it is not considered that the proposed permanent extension of opening hours would have a detrimental impact and residents would be significantly adversely affected. The residents are sufficiently distanced away and are currently subjected to some degree of noise and activity by virtue of their location within a busy commercial frontage, within the shopping centre, on this basis, the application is considered to accord with Policy S10.

The application to vary condition 5 of planning permission 09/0968P, to permanently extend the opening hours is therefore recommended for approval.

Case Number 09/02330/FUL

Application Type A Full Planning Application

Proposal Use of first-floor as additional seating area for restaurant, opening up of first-floor window and provision of new shop front

Location Imran's Southern Fried Chicken 60 - 62 Wicker Sheffield S3 8JD

Date Received 27/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent G9 Design

Recommendation Grant Conditionally

Subject to:

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

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

2 The first floor of the building shall be used for the above-mentioned purpose between 1100 hours and 0400 hours the following day on Sundays to Thursdays, and between 1100 hours and 0500 hours the following day on Fridays and Saturdays.

In order to ensure an appropriate quality of development.

3 The proposed shopfront shall be finished in black to match the existing framing system at ground floor level and shall thereafter be retained.

To ensure an appropriate quality of development.

4 The proposed new window at first floor level shall match the appearance, proportion and material of the existing windows at first floor level.

To ensure an appropriate quality of development.

5 No waste storage containers shall be stored on the Wicker frontage other than on the day of waste collection.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

1. The decision to grant planning permission and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan and adopted Core Strategy set out below:

S3 - Development in the Central Shopping Core S10 - Conditions on Development in Shopping Areas BE5 - Building Design and Siting

and to all relevant material considerations, including Supplementary Planning Guidance.

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 2734220 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. The applicant is advised that, as a result of the implementation of this planning permission, should it be necessary to increase the number of waste storage containers, such containers should be stored within the application site.

14 Site Location

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. 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.

15 Planning permission is sought to use the first floor as an additional seating area for the existing restaurant to provide 65 covers and also proposes alterations to the ground floor shop front to increase the glazing and opening up of a first floor window.

RELEVANT PLANNING HISTORY

09/02397/FUL - 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 Application No. 08/00883/FUL) – Pending consideration at this Planning Area Board meeting.

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

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 would apply.

This application seeks to change the use of the existing vacant first floor, to form additional seating to serve the ground floor restaurant and thus represents a

16 change of use to A3. UDP Policy S10 (a) states that a change of use would only be permitted where it would not lead to a concentration of uses which would prejudice the dominance of preferred uses in the Area or its principal role as a Shopping Centre. There are a variety of uses within the Shopping Centre and since the existing ground floor use has already been established, an extension of that use onto the first floor would not undermine the character of the Shopping Area, such that the vitality and viability of the Area would be compromised.

Design Issues

As the proposed development involves alterations to the shop front, UDP Policy S10 would be relevant. Policy S10 (d) states that the proposal should be well designed and of a scale and nature appropriate to the site; and (e) comply with Policies for the Built and Green Environment as appropriate. Given the above, UDP Policy BE5 would be applicable in this instance. Policy BE5, which relates to building design and siting, sets out the principles for good design and encourages the use of good quality materials. BE5 (a) states that the original architecture should be encouraged, and in BE5 (c) it states that development should respect the scale, form, detail and materials of the original building.

The extent of the proposed alterations to the shop front is minimal. The existing display windows along both elevations would be removed and larger openings would be formed, by lowering the existing stallriser. Large vertically orientated windows (as previously) would be installed, thus creating a more open and interesting frontage. The design of the frontages are considered acceptable in terms of the position, materials and detail and would complement the existing built form. Other alterations include the opening up of an existing first floor window, which is currently bricked up. This is particularly welcomed as the window is on the splay elevation fronting onto the Wicker and is highly visible. Such works would improve the appearance of the building and the general street scene.

The entrance into the building already benefits from a level threshold and there are disabled wc facilities available at ground floor level. Since no alterations are proposed to neither the entrance doorway nor the existing wc arrangements, such provision would remain in-situ.

Effect on Residential Amenity

As the proposal involves a change of use, 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 extension of the ground floor use of the premises as a restaurant onto the first floor would not raise any serious residential amenity concerns. It is not considered that the noise and activity level from the premises would be exacerbated by the use of the first floor for the same purpose. Increasing the seating capacity within the premises may encourage customers to stay within the building, potentially avoiding loitering outside the premises. Some degree of noise and disturbance will

17 already be experienced given the use of the premises. However, the upper floor of this property is not in use as a residential flat and the nearest residents, whom may be affected by the proposal would be those occupying upper floors of nos. 66 and 68 Wicker. It is not considered that such residents would be unduly affected, given that they would not be immediately adjacent to the site and occupy upper floors. It should also be noted that these residents are already subject to some noise by virtue of their location, fronting onto a main arterial road within a shopping area, where there is substantial traffic noise.

The Environmental Protection Service have no objections to the proposal and have received no complaints following the temporary consent for the extension of opening hours (ref no. 08/00883/FUL).

Following consultation with the Police Architectural Liaison Officer, there have been a number of incidents reported from the existing premises. It is not considered that there have been a significant number of incidents which suggests that the use of the premises is problematic compared with other similar late night uses within the city centre. With this borne in mind, it is not considered that additional seating within the building would cause demonstrable harm such that a refusal would be justified. Bin Storage

There is sufficient space within the rear yard to provide any additional bins that may be required.

Flood Risk Issues

Planning Policy Statement 25 (PPS25), which sets out the Government’s policy on flood risk management, is a material consideration when determining planning applications. The site lies within Flood Zone 3a, where there is a high probability of flooding. The proposal relates to a change of use of a first floor to form additional seating in connection with the existing ground floor restaurant/hot food takeaway business which represents a change of use to an A3 Use Classification (restaurant). In accordance with advice taken from the Environment Agency, the proposed use is defined as a ‘Less Vulnerable Use’ and therefore does not require an Exception Test or a Flood Risk Assessment to be submitted.

In light of the above, and given the fact that the ground floor has been operating as a restaurant and hot food take-way for a number of years, which pre-dates the current Flood Advice, the proposal is considered acceptable and does not require any further consideration.

Highway Issues

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

18 SUMMARY AND RECOMMENDATION

The site is located within a Local Shopping Centre and the existing use as a hot food take-away (Class A5) is well established; thus an extension of that restaurant use on to the first floor would not be contrary to UDP Policy S3.

It is acknowledged that there are existing residents occupying upper floors of neighbouring properties (in particular, Nos. 66 and 68 Wicker), but it is not considered that the proposed extension of use on to the first floor would have a detrimental impact and residents would be adversely affected. The residents are sufficiently distanced away and are currently subjected to some degree of noise and activity by virtue of their location within a busy commercial frontage, within a the Shopping Centre.

The design of the shop-front is considered acceptable in accordance with Policy BE5 of the UDP and the re-instatement of the first floor window is welcomed.

Subject to the imposition of a condition, the proposed development is therefore considered acceptable. The application is therefore recommended for approval subject to conditions.

Case Number 09/02296/CHU

Application Type Planning Application for Change of Use

Proposal Use of building as a restaurant/cafe (Class Use A3)

Location Peaks Fireplace Centre 53 High Street Beighton Sheffield S20 1EE

Date Received 17/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent LD Partnership

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority considers that the use of the premises as an A3 restaurant will result in the loss of an additional A1 retail unit, reducing the dominance of preferred uses in the Local Shopping Area to a level which is considered to detrimentally affect the character, vitality and viability of the Local Shopping Area and threaten the function of the Local Shopping Area. As such, the proposal is considered contrary to Policy S10 of the adopted Sheffield Unitary Development Plan.

20 Site Location

LOCATION AND PROPOSAL

The application site comprises of a single storey pitched roofed building with a large glazed shop frontage facing High Street.

The site is in a Local Shopping Area as defined in the adopted Sheffield Unitary Development Plan. To the south is an existing petrol filling station, to the north a small area of open ground which adjoins a sandwich shop. To the west is a small brook bound by a public footpath with residential properties located a further 25 metres away on Ivy Lane.

The building is currently occupied by Peak Fireplace centre, selling fires and fireplaces (Use Class A1). It is proposed to use the building as a restaurant (Use Class A3). No external alterations to the building are proposed other than the removal of a number of existing external flues associated with the current use of the building.

21 RELEVANT PLANNING HISTORY

03/03224/FUL - Erection of 1.8 metres and 2.1 metres high fencing and sliding gates (amended description as detailed in letter dated 23.10.2003) – Granted Conditionally.

06/00498/FUL - Side/rear extension to showroom (As amended plans received 11/04/06) – Granted Conditionally.

07/00110/FUL - Side/rear extension to showroom – Granted Conditionally

SUMMARY OF REPRESENTATIONS

6 letters of representation expressing concern or objecting to the proposal have been received the issues are summarised as follows:

- There are a number of existing food outlets on High Street, - Insufficient parking in the vicinity; a café/restaurant would result in the parking situation being made worse. - Loss of trade due to the concentration of food outlets on High Street and the competition that would be created by an additional food outlet. - Lack of parking provision on site will cause traffic congestion. - Insufficient on street parking for all the businesses in the locality. - Food smells from the existing café cause nuisance and it is envisaged that the restaurant will cause further problems. - Litter problems from existing food outlets.

PLANNING ASSESSMENT

Policy S7 (Development in District and Local Shopping Areas) identifies retail (Use Class A1) as preferred uses in the policy area. However, food and drink uses (use class A3 and A5) are also considered acceptable subject to the provision of other UDP polices.

The Beighton High Street shopping area is split into three sections located within 125 metres of each other, as defined on the UDP proposals map. Two parts of the shopping area are located to the south of the Beighton Welfare Recreation ground, split by the High Street. The area to the west contains the application site and two other small shop units. The land to the east contains, amongst other uses, a post office and a public house. The remainder of the shopping area is located to the north of the recreation ground, comprising of a short terrace of shops with flats above, which include a training centre (D1), tattoo studio (sui generis) and two hot food take-aways (A5).

In principle food and drink uses are acceptable in the policy area. However, Policy S10 (Conditions on Development in Shopping Areas) seeks to ensure that new development or change of use will not harm the dominance of preferred retail uses in the shopping area. Dominance is defined at appendix 1 of the UDP as ‘a level of development sufficient to help secure an adequate supply of preferred use (or uses) for the city wide needs in appropriate locations and to establish or maintain

22 the distinctive character and role of the area. This will usually mean that non preferred uses do not occupy more than half of the area.’ Currently of the 13 units available within the local centre, non retail uses occupy 9 (69%) of the units within the Local Shopping Area with 4 units (31%) including the application site in its current use (A1), occupied by preferred retail uses. Therefore non preferred uses are dominant in the shopping area, occupying more than half of the units and the proposed change of use would only increase this dominance.

The shopping area currently appears relatively healthy with no unoccupied units. However, there are a number of existing food and drink uses in the locality comprising of two hot food takeaways, a sandwich bar and two public houses. It is considered that an additional restaurant use (A3) would alter the character and vitality of the shopping area, creating a concentration of non preferred uses that are predominantly operational in the evening time. It is therefore considered that the proposed use would harm the vitality and viability of the shopping area increasing the dominance of non preferred uses, contrary to the aims of policy S10 (a).

Amenity Issues.

The site adjoins a Petrol Filling station and is separated from the closest residential properties located approximately 25 metres to the west on Ivy Lane by a small brook, landscaping and a public footpath. No new external extraction flues are proposed and should they be required, details could be secured by condition to negate any impact on adjoining properties. Given the site’s separation distance from residential properties and the central location of the unit in the shopping area, where there are established evening uses, the proposal is not considered to detrimentally affect the amenities of adjoining properties.

Design Issues

No external alterations are proposed. The existing glazed shop front will be retained and a number of flue extract pipes associated with the current use will be removed, which would enhance the appearance of the building.

Highways Issues.

There is space to park approximately 3 vehicles off road to the frontage of the site. There is also on street parking provision in the immediate vicinity and a bus stop adjoining the site. Therefore, in light of the site’s sustainable location and proximity to adjoining housing areas the development is not considered to give rise to excessive parking demand which would be harmful to highway safety. The proposed change of use is therefore considered acceptable from a highways perspective.

RESPONSE TO REPRESENTATIONS

Commercial competition between businesses is not a planning matter. All other issues are covered in the planning assessment section of this report.

23 SUMMARY AND RECOMMENDATION

The application seeks permission to change the use of an existing retail shop (use class A1) to a restaurant (use class A3). The site is located in the Beighton High Street Local Shopping Area where non preferred uses (non A1) are currently dominant, contrary to the aims of policy S10 (a) of the UDP. The proposed use would increase the dominance of non preferred uses within the shopping area which is considered to detrimentally affect the vitality and viability of the shopping area. It is therefore recommended that planning permission be refused.

Case Number 09/02265/FUL

Application Type A Full Planning Application

Proposal Use of building as hot food takeaway (Use Class A5) and provision of rear extraction flue

Location 57 Bellhouse Road Sheffield S5 6HJ

Date Received 15/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent MG Design Services Ltd

Recommendation Grant Conditionally

Subject to:

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

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

2 Before the use is commenced the extraction equipment, including external flue, shown on the approved plans shall be in place and operating in full working order. It shall thereafter be retained and operated in full working order.

In the interests of the amenities of the locality.

3 Any bins associated with this use shall not be stored outside of the site boundary unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

4 The opening hours of the unit shall be as follows:

a) Between 0700 hours and 23:30 hours Sundays (other than those immediately prior to a Bank Holiday) to Thursdays.

b) Between 0700 hours and 00:00 hours on Fridays and Saturdays as well as any Sunday immediately prior to a Bank Holiday.

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

Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

1. The applicant is advised that any new signage on the premises may require separate advertisement consent.

2. The applicant is advised that the Local Planning Authority consider that the existing first floor use is ancillary to the ground floor (e.g. storage/office) and unless evidence can be provided to the contrary any change to this would require new planning consent.

26 Site Location

LOCATION AND PROPOSAL

This application is to change the ground floor of 57 Bellhouse Road from Retail (Use Class A1) into a hot food takeaway (Use Class A5). The first floor is currently vacant but appears to have been used historically in association with the ground floor as storage or offices.

57 Bellhouse Road is set within the Firth Park District Shopping Centre as defined by the Sheffield Unitary Development Plan (UDP). It is a two storey traditional pitched roof building with a ground floor shop front and red brick to the first floor, which is characteristic of the surrounding commercial properties within the centre.

The applicant proposes a largely internal flue, which will be partly visible on the rear roof slope with a termination point just below the ridge. No other external alterations are proposed.

27 SUMMARY OF REPRESENTATIONS

There has been one letter of representation in respect of this application raising the following issues:

- There are residential flats within the first floor of some surrounding properties and these residents would not be able to open windows without having odour problems.

- The area is already well served by ‘fast food shops’.

- Local shoppers are already complaining that they are losing too many shops in the area to other outlets and this is diminishing the appeal of the shopping centre.

- There is no fire escape at the property.

PLANNING ASSESSMENT

Land Use & Dominance

Policy S7: Development in District and Local Shopping Centres, identifies retail (A1) as the preferred use. S7 then goes onto identify a number of acceptable uses, including hot food takeaways (A5).

Section a) of Policy S10: Conditions on Development in Shopping Areas, states that, proposals for changes of use should not lead to a concentration of uses which would prejudice the dominance of preferred uses in the area (the area in this case being the Firth Park District Shopping Centre). Appendix 1 within the UDP defines dominance as usually meaning that the non-preferred uses do not occupy more than half of the area.

Following an assessment of uses within the District Shopping Centre the loss of this A1 unit would not reduce the percentage of A1 units within the centre to below 50%. Of the 88 units within the District Centre (2008), 51 units (58%) are within retail use, 14 (16%) within Use Class A2 (financial and professional) with only 8 (9%) within Use Classes A3 and A5 (restaurants/cafes and hot food take-away). Of the remaining units, 8 (9%) are vacant and 7 are in non-retail uses (8%). As a result, the change of use is considered to be within the spirit of Policy S10 (a).

Design

Section c) of Policy S10: Conditions on Development in Shopping Areas, states that new developments or change of use applications will only be acceptable if they are well designed and of a scale and nature appropriate to the site.

The only external alteration will be a small section of flue within the rear roof slope. This element will not be overly visible from any public areas and is a common site in such commercial settings. The proposal is therefore in compliance with the requirements of Policy S10 c).

Highways

Section (f) of Policy S10: Conditions on Development in Shopping Areas, states that new developments or change of use applications will only be acceptable if they are adequately served by transport facilities, provide safe access to the highway network, appropriate off-street parking and not endanger pedestrians.

The site is well served by public transport and, although parking can be limited at busier times of the day, there is on street parking available in the area. It is also noted that the use is not considered to be a large trip generator in its own right, given that many customers will already be in the area, either using other services or living in close proximity.

Given the above, the proposal is considered to be in compliance with Policy S10 (f)

Noise and Odour

Section (b) of Policy S10: Conditions on Development in Shopping Areas, states that new developments or change of use applications will only be acceptable if they do not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions, including air pollution & noise.

The termination point for the flue is set slightly below the ridge of the main building, which is considered to be the optimum position to ensure any odour issues are kept to a minimum. It is also above the line of the first floor windows to the rear elevation such that it would not be detrimental to the amenity if any adjoining residents by virtue of odour.

There is of course potential for customers using the premises, particularly in the late evening, to create some noise disturbance. However, the opening hours will be restricted through a condition should Members be minded to approve the application. It is also noted that there are several existing late night uses in and around the unit and the addition of one further would not attract a significant number of new late night customers to the area.

Further to the above, given that the site is within a District Shopping Centre, residents within such areas cannot expect to enjoy the same standard of living environment as residents in wholly residential settings and a degree of managed odour and noise issues must be anticipated.

The proposal is considered to be in compliance with Policy S10 b)

Access

Owing to the sloping topography of the land outside the unit a level access is not provided. Although this is regrettable, the constraints of the site have to be accounted for and is consistent with adjoining premises.

29 Refuse and Litter

There is a bin on the footpath outside the unit which ensures that no further facility is required as part of this application.

The unit has a small rear yard area and a large internal store. A condition will be attached to ensure the applicant makes use of these areas for bin storage.

RESPONSE TO REPRESENTATIONS

With regard to a fire escape, the ground floor has a front and rear entrance. The concerns raised in respect of the proportion of fast food shops and type of odour is addressed in the report above. The more detailed issues surrounding fire regulations are not considered to be within the Local Planning Authority’s remit in this instance.

SUMMARY AND RECOMMENDATION

Following an assessment of uses within the District Shopping Centre, the use of this unit as a hot food takeaway (A5) would not threaten the overall dominance of Retail (A1).

The proposed unit is in close proximity to good public transport links and, given the commercial nature of the area and the close location of the surrounding residential community, this application is not considered to place any undue pressure on the existing highway network.

The extraction flue will terminate at an acceptable point to ensure any odour issues are suitably negated.

The application is therefore recommended for approval subject to conditions.

Case Number 09/02255/LBC

Application Type Listed Building Consent Application

Proposal Removal of glazed canopy and formation of enclosure to stairs from Studio Theatre

Location Crucible Theatre 55 Norfolk Street Sheffield S1 2JE

Date Received 17/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Burrell Foley Fischer

Recommendation Grant Conditionally

Subject to:

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

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

2 The new block work and brass roofing material shall match the corresponding materials on the existing building.

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

1. The decision to grant listed building consent and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan and adopted Core Strategy set out below:

BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings

and to all relevant material considerations, including Supplementary Planning Guidance.

Site Location

For Report see 09/02254/FUL

Case Number 09/02254/FUL

Application Type A Full Planning Application

Proposal Removal of glazed canopy and formation of enclosure to stairs from Studio Theatre

Location Crucible Theatre 55 Norfolk Street Sheffield S1 2JE

Date Received 17/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Burrell Foley Fischer

Recommendation Grant Conditionally

Subject to:

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

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

2 The new block work and brass roofing material shall match the corresponding materials on the existing building.

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings

and to all relevant material considerations, including Supplementary Planning Guidance.

Site Location

PROPOSAL & BACKGROUND

The Crucible Theatre was granted full planning permission (06/03263/FUL) for a number of external works in November 2006. These works included:

- A new two-storey entrance/function room facing into Tudor Square with a small terrace area.

- A two-storey extension to the southern elevation facing onto the tower of the Lyceum Theatre to accommodate a new public lift and circulation route.

- An extension to the existing stage door, in order for level access to be achieved.

34 The majority of these works have now been completed.

Between the time of the original 2006 consent and the works commencing, the theatre was listed as a Grade II structure (November 2007). As a result, listed building consent was approved for the external works, as well as extensive internal alterations. The main internal alterations include:

- The relocation of the Long Bar.

- Alterations to the existing office spaces, workshops and changing rooms.

- Works to upgrade the auditorium including guard rails to the gantries, new seating and new balustrades.

- The repositioning of the ticket foyer and ticket office.

The applicant is now seeking full planning permission and listed building consent to remove a glazed canopy from the southeast corner of the theatre, which fronts Norfolk Street, and to construct a new enclosure for an existing staircase, which forms the fire escape from the studio theatre. This new enclosure will be created by retaining and building up an existing block work wall, which faces Norfolk Street, retaining the existing curtain walling screens that enclose each end of the staircase and constructing a new brass roof.

The works associated with this application are to be included into the continuing programme of works on site.

LOCATION

The site is bounded by Arundel Gate to the north and the quieter Norfolk Street to the northwest. The main entrance to the theatre fronts onto Tudor Square to the south.

The Crucible Theatre forms one of a strikingly varied group of listed public buildings within the City Centre, including the adjacent Lyceum Theatre (Grade II*), the Central Library, The Roman Catholic Cathedral Church of St Marie, The Upper Chapel and the Victoria Hall Methodist Church.

Directly facing the Tudor Square elevation of the Crucible are the Winter Gardens, which, as with the Crucible in the late 1960’s, represent a bold and significant break from established architecture within the city. The site is within the City Centre Conservation Area and within a Business: Institution: Leisure Area, as defined in the Sheffield Unitary Development Plan (UDP).

SUMMARY OF REPRESENTATIONS

English Heritage

‘This application should be determined in accordance with national and local policy guidance, and on the basis of your specialist conservation advice.’

Conservation Advisory Group (CAG)

The Group felt that there was no objection in principle to the development.

PLANNING ASSESSMENT

Policy BE16: Development in Conservation Areas within the UDP states that new development should preserve or enhance the character or appearance of the Conservation Area. BE16 also states that buildings that make a positive contribution to the character or appearance of the Conservation Area will be retained.

Policy BE19: Development Affecting Listed Buildings within the UDP states that proposals for internal or external alterations will be expected to preserve the character or appearance of the building and, where appropriate, to preserve or repair original details and features of interest.

Planning Policy Guidance Note 15: Planning and the Historic Environment (PPG15) provides comprehensive advice on controls for the protection of historic buildings and conservation areas. It states that issues that are generally relevant to the consideration of listed building consent applications include:

- The importance of the building, its intrinsic architectural and historic interest and rarity, in both national and local terms.

- The particular physical features of the building.

- The extent to which the proposed works would bring substantial benefits to the community, including the enhancement of its environment.

A key factor in listing the Crucible Theatre was its uniqueness as the most successful manifestation of Sir Tyrone Gutherie’s internationally acclaimed ‘thrust stage’ format. This allows the building’s geometry to emanate from the ‘’point of command’’ on the stage and then manifest through the octagonal geometry of the main auditorium and rear stage, becoming freer as the geometry follows through the foyers.

The canopy that is to be removed from the building was erected in 1994 and is not considered to reinforce the historic layout of the building, whilst also adding little architecturally to the external envelope. Its removal will assist in de-cluttering this elevation and is welcomed.

The proposed alterations are considered to be in the sprit of the recently completed external works, utilising the high quality material palette already evident on the building and adding a contemporary addition to the existing octagonal geometry.

The removal of the existing canopy and the subsequent design of the proposal, which utilises high quality materials, is considered to enhance the setting of the

36 listed theatre and the wider conservation area, as well as complying with the spirit of the above UDP Policies and PPG15.

SUMMARY AND RECOMMENDATION

The existing canopy is not considered to contribute to the unique character of the listed theatre or the conservation area.

The new works are deemed to be of a high quality; enhancing the setting of the building and the wider conservation area. Both the Listed Building Consent application and the planning application are therefore recommended for approval subject to conditions.

Case Number 09/02163/FUL

Application Type A Full Planning Application

Proposal Extensions and alterations to existing community hospital including extension within existing courtyard and extension to front to form new entrance and sports facilities, and provision of an outdoor multi-use sports pitch, to provide facilities for the Child and Adolescent Mental Health Service (Tier 4) (in accordance with amended and additional details nad plans received on 2nd July 2009, 13th and 14th August 2009)

Location Beighton Community Hospital Sevenairs Road Sheffield S20 1NZ

Date Received 10/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Beaumont & Cowling Sheffield Ltd

Recommendation Grant Conditionally

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

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

a) Windows b) Doors c) Eaves and verges

38 d) Curtain Wall Glazing

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

In order to ensure an appropriate quality of development.

4 Notwithstanding the approved plans the location, colour finish, appearance and height of the all fencing and enclosures on site are not approved prior to the commencement of development details of the proposed fencing and any trees or landscaping affected shall be submitted to and approved in writing by the Local Planning Authority and thereafter carried out in accordance with the approved details.

In the interests of the amenities of adjoining properties.

5 Prior to the commencement of development details of the;

a) surface colour, b) enclosure details, c) finished levels including cross sections and d) screen landscaping

of the Multi Use Games Area shall be submitted to an approved in writing by the Local Planning Authority and thereafter carried out in accordance with the approved details.

In the interests of the amenities of adjoining properties.

6 The Multi Use Games Area shall only be used between 0700 and 1930 hours on any day, unless otherwise agreed in writing with the Local Planning Authority.

In order to ensure an appropriate quality of development.

7 The building shall not be used unless the car parking accommodation 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.

8 The building shall not be used unless the covered secure cycle parking accommodation for 10 cycles as shown on the approved plans has been provided in accordance with those plans and, thereafter, such cycle parking accommodation shall be retained.

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

39 9 Prior to the commencement of the development details of the appearance and materials of the proposed bin storage and waste collection buildings shall be submitted to and approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

10 Unless it can be shown not to be feasible and viable the development shall not be occupied unless the measures identified in the MMA Sustainability and Energy Savings Report dated August 2009 are provided in order to;

a) Generate a minimum of 10% of the developments predicted energy needs from decentralised and renewable or low carbon energy; and b) Generate further renewable or low carbon energy or incorporate design measures sufficient to reduce the development's overall predicted carbon dioxide emission by 20% compared to the buildings regulations target emission rate, This would include the decentralised and renewable or low carbon energy required to satisfy part (a)

The agreed renewable or low carbon energy and design measures to reduce the carbon dioxide emissions shall have been installed before the buildings are occupied. Thereafter the approved measures or alternative measures that achieve the same percentages of renewable or low carbon energy and reduced carbon dioxide emissions shall be operated for the lifetime of the development unless otherwise agreed in writing by the Local Planning Authority.

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

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

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

Attention is drawn to the following justifications:

CF6 - Development in Institution: Health Areas CF8 - Conditions on Development in Institution Areas

40 CS46 - Quality of Open Space CS63 - Responses to Climate Change CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

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

41 Site Location

LOCATION AND PROPOSAL

The application site comprises of a single storey hospital building located in mature landscaped grounds between Sevenairs Road and Eckington Way. Only a small part of the existing hospital is currently occupied; previously the site was used for elderly care, which has been gradually wound down over the last 18 months to allow for the proposed refurbishments. The use of the building will not change as a result of the proposed extensions remaining as a Hospital within Use Class C2. However the unit will be occupied by the Community Mental Health Service (CAMHS) amalgamating some of the existing operations from various other parts of the city, including the Northern General Hospital, onto one site.

It is proposed to form two small extensions to the existing hospital comprising of a new entrance area including a covered indoor sports hall and a small extension within one of the building’s existing courtyard spaces to provide an enlarged education area. Existing window openings will also be enlarged to increase solar gain and natural ventilation and new fenestration detailing installed. The site will

42 be enclosed by a new security fence and a Multi Use Games Area (MUGA) will be provided to the frontage of the site on an existing area of grass land.

The site is currently accessed from Sevenairs Road, which is to remain, unchanged, with parking provision for approximately 70 vehicles on site.

The site is in an allocated Institution: Health Area as defined on the UDP proposals map. The immediate vicinity is mixed in character comprising of residential uses, the Crystal Peaks shopping centre and Damon’s restaurant.

RELEVANT PLANNING HISTORY

There is no relevant planning history. The original hospital was erected under crown immunity powers in the late 1980’s

SUMMARY OF REPRESENTATIONS

3 letters of representation have been received. The issues are summarised as follows-

- Increased traffic and congestion. - Proposed increase in staff and patients will increase the demand for car parking and no additional parking provision is provided on site, leading to overspill parking on the adjoining roads. - Light and noise pollution from the multi use games area, this should be located to the rear of the property. - Proposed security fencing would be out of place. - The proposed Aldi development at the Damon’s site in conjunction with the proposed development will lead to traffic congestion. - The use of the MUGA will detrimentally affect the amenities of adjoining properties. - Existing landscaping overshadows the adjoining properties.

PLANNING ASSESSMENT

Land use

The site will continue to be used as a hospital (Use Class C2) and the proposed extension will remain integral to this main use, therefore a change of use is not required. The site lies in an Institution: Health Area as defined in the Adopted UDP, where C2 uses are preferred in accordance with Policy CF6. The principle of development is therefore acceptable.

Design Issues and Amenity Issues

The primary issue with the existing hospital is that there is no legible entrance to the building. On approach from the vehicle and pedestrian entrance on Sevenairs Road, visitors and patients are faced with a storage yard and directed by signage to one of two entrances to the north and south wing of the building.

43 It is proposed to erect a new reception and sports hall on the former service yard. The reception area will be single storey and modern in design comprising largely of glazing. The sports hall is set back from the new front entrance and will be two storeys in height in order to provide the necessary internal height clearance, incorporating a pitched roof. A glazed corridor will also be attached to the eastern elevation and is required to accommodate internal layout changes. The corridor will be formed from glass, reflecting the detailing of the new reception area. A second smaller extension is located within a fully enclosed central courtyard and will only be visible from within the existing building. The design of the extensions are considered to be of an appropriate scale, using matching material and details appropriate to the site, which complies with Policy CF8 of the UDP: Conditions on Development in Institution Areas.

All of the existing fenestration detailing is to be replaced in order to improve the thermal performance of the building and a large majority of openings will be enlarged to improve solar gain. This will help to break up the elevations and improve conditions for patients.

A Multi Use Games Area (MUGA) is proposed to the frontage of the site adjacent to the northern boundary on an existing area of informal open space as defined in Policy CS47 of the Core Strategy. CS47 seeks to protect informal open space from development. However in this case the land is entirely privately owned and not available for public use. The proposed development will actually improve the recreational value of the land by providing an improved all weather surface for the residents of the hospital and therefore the proposals are not considered to conflict with the aims of CS47. Alternative locations have been considered for the MUGA. However due to site levels and constraints regarding the need to ensure a continual clear fire access route around the perimeter of the buildings, there are no other suitable locations on site.

The games area will be used predominantly in the day by patients, generally during normal school hours but some use may take place up until 7.30pm, particularly in the lighter summer months. Background noise, such as from outdoor play areas are not considered uncommon or to cause disamenity in the early evening. The MUGA is relatively small and is screened by existing mature landscaping along the northern boundary. The MUGA will not be rented out to external users and given the limited nature of the use it is not considered to detrimentally affect the amenity of adjoining residents. The flood lighting of the pitch has been removed from the application due to concerns with light spillage onto adjoining residential dwellings. In light of these factors the proposal is not considered to detrimentally affect the amenities of adjoining properties and therefore complies with Policy CF8(b) which seeks to ensure that development in Institution areas does not cause disamenity.

Site Security and Landscaping.

There is a need to improve the security of the site as currently the existing landscaping on the north and west boundary is permeable and there is evidence of made paths through the landscaping into the site. Therefore, to prevent unauthorised entry into the site, a new 3 metre high security fence around the perimeter of the site is to be erected.

The original fence line has been amended as it enclosed areas of grass verge along Eckington Way, which form part of the adopted highway. The fence line is now positioned within the existing mature landscaping along the north and west boundary. However, there are concerns that locating the fence in such a position could damage the existing landscaping and the fence may need to be brought fully within the site. A public footpath runs alongside the northern boundary linking Sevenairs Road to Eckington Way. Concerns have been raised that new fencing adjacent to the footpath will enclose the footpath and engender a sense of fear for those using it. It is considered that amendments to the position of the fence line and conditioning of details to ensure the fence is permeable in appearance, will result in fencing that is not considered to be overbearing, or detrimentally affect potential users of the footpath. Details of the fence position, colour finish and design will therefore be secured by planning condition.

The Sevenairs Road boundary treatment, which comprises of hedging, will be retained in order to maintain the open landscaped aspect to the street. Additional fencing is also required within the site to split some of the courtyard spaces to provide privacy between the various parts of the site where differing age groups will be treated. The fencing has been located to ensure that maximum possible outlook and day lighting is provided to rooms, whilst ensuring suitable privacy and separation.

Highways Issues

There are currently approximately 71 parking spaces on site, which are shared between visitors and staff. It is proposed to add a further 4 spaces, 3 of which are disabled. The spaces will be positioned close to the new entrance to afford ease of access.

New pedestrian crossings are also provided from the car parking areas to the new reception area to indicate pedestrian priority within the site. The hospital is only partially occupied at present. However, on completion of the proposed refurbishment, the building will be operated in a similar capacity to it previous use for the care of the elderly. Staff will operate on a shift basis 24 hours a day and therefore demand for car parking will vary throughout the shift period, with staff leaving as others arrive to start work. Therefore, it is considered that the demand for parking will not be increased over and above the previous full capacity use of the building and therefore the proposed on site parking provision is acceptable.

The site is considered to be in a sustainable location close to local shopping facilities and public transport links at Crystal Peaks where there is a bus interchange and Supertram links, which will enable staff and visitors to arrive by public transport reducing parking demand. Covered secure, cycle shelters are also provided on site.

Sustainability Issues

The proposed extension to the existing building exceeds 500 sq metres and therefore the requirements of Policies CS63, CS64 and CS65 of the Core Strategy,

45 which set out the Council’s sustainability agenda, are relevant. The applicant has submitted a sustainability statement, which has identified that 10% of the development’s energy needs will be provided by an on site renewable energy source. This will comprise of either a ground source heat pump which will power under floor heating, and/or a solar water heating system to provide pre heated water to the development.

The developer has submitted a BREEAM pre assessment report and confirms that the development will meet the ‘very good’ standard as required by Policy CS64. A 20% carbon reduction will also be secured by improvements to insulation in both the roof and walls, and the inclusion of opening windows to afford natural ventilation and the associated reduction in demand for mechanical ventilation. The details of these measures will be secured by condition, subject to which the development is considered acceptable from a sustainability perspective.

RESPONSE TO REPRESENTATIONS

Concern has been raised with regard to traffic congestion and parking provision in the immediate vicinity of the site. The existing building is used currently as a hospital and no change of use is required. The proposed extensions are small in size and the alterations are not considered to give rise to any significant increase in traffic or parking demand in the immediate vicinity that would cause additional traffic congestion.

The proposed development of the adjoining Damon’s site for an Aldi store will include a Transport Assessment of traffic demand associated with the proposed development, taking account of traffic volumes and junction capacity and is the subject of a separate application. Any overspill parking that may occur on Sevenairs Road can be dealt with under relevant traffic regulation orders in the unlikely event that on street parking increases. However, given the small scale nature of this application, such measures are not considered necessary as part of this recommendation. All other issues are covered in the main body of the report.

SUMMARY AND RECOMMENDATION

This application seeks permission to form two small extensions to an existing hospital to provide a reception area, sports hall, enhanced teaching areas and a multi use games area. The building is to be completely refurbished and occupied by the Child and Adolescent Mental Health Service (CAMHS) part of the NHS trust, consolidating the majority of their services on one site, from various other buildings and locations throughout the city, including the Northern General hospital.

The extensions and alterations will improve the existing facilities on site, the design of which is considered to contribute to the appearance of the building. The proposals are not considered to detrimentally affect the amenities of adjoining residents. With regard to the multi-use games area the flood lighting has been removed and the hours of use of the space will be controlled to protect the amenities of residents adjoining the site by means of a planning condition.

46 Renewable energy will be provided by way of solar water heating or ground source heat pumps or a combination of both to provide 10% of the development’s energy needs. In addition, the applicant has confirmed that a BREEAM ‘very good’ rating will be achieved and a 20% reduction in carbon emission will be secured by improved insulation and energy efficiencies.

The development is therefore considered to comply with the provisions of the Unitary Development Plan and Core Strategy Policies and it is recommended that planning permission is granted subject to conditions.

Case Number 09/02156/LBC

Application Type Listed Building Consent Application

Proposal Single-storey rear extension and internal and external alterations to use ground floor of building for restaurant/takeaway (A3/A5) use and first and second floors as a flat containing 6 bedrooms

Location 15 Westfield Terrace Sheffield S1 4GH

Date Received 13/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Space Studio

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the proposed alterations to the Grade II listed Building would, by virtue of the creation of six bedrooms and the extent of alterations and additions to the existing internal and external features required to be able to accommodate these bedrooms, be detrimental to its character, appearance and original layout. As such it would be contrary to the aims of Policies BE15 and BE19 of the Unitary Development Plan for Sheffield and to PPG 15 'Planning and the Historic Environment'.

48 Site Location

For report see 09/02155/FUL.

Case Number 09/02155/FUL

Application Type A Full Planning Application

Proposal Single-storey rear extension, use of ground floor of building for Restaurant/Takeaway (A3/A5) use and first and second floors as a 6 flat containing bedrooms

Location 15 Westfield Terrace Sheffield S1 4GH

Date Received 13/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Space Studio

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the proposed development constitutes an inappropriate overdevelopment of the site, which results in inadequate internal amenity space and unsatisfactory and cramped living conditions provided to the occupiers of Bedrooms 3 – 6. The scheme is therefore considered to be contrary to Policies H5 and H14 of the Sheffield Unitary Development Plan.

50 Site Location

LOCATION AND PROPOSAL

Located on the eastern side of Westfield Terrace, close to the northern edge of the Devonshire Quarter, the application site comprises a Grade II listed, early nineteenth century former house. It is a two storey red brick terraced property, which has a pitched, slate clad roof, and is currently vacant having most recently been used as offices.

The building sits on the back edge of the footway and has a small rear yard accessed through the property, or via a passageway shared with the adjacent property, which is also vacant. Neighbouring uses within the terrace include a milkshake café, eat-in/takeaway restaurant, lettings agency, restaurant and clothing shop. Elsewhere along Westfield Terrace there is a substantial residential presence, including Royal Plaza, Flockton Court and further units fronting onto Division Street.

51 The applicant is seeking both planning permission and listed building consent for the alteration and extension of the building, and to change its use to a restaurant/café (Class A3) and/or takeaway (Class A5) at ground floor level, with separate self contained living accommodation above (1 x 6 bedroom flat).

The self contained living accommodation is proposed at first and second floor level. At first floor there is a communal kitchen and living/dining area and two bedrooms. At second floor, in the attic space, there are a further four bedrooms. Five of the six bedrooms proposed have ensuite facilities which are to be created within the rooms.

The alterations and extensions consist of the removal of some sections of internal and external walls, the creation of new openings and partitions, the demolition of recent extensions and the construction of a new single storey rear conservatory extension.

RELEVANT PLANNING HISTORY

Members are advised that there is planning history that is relevant to this application proposal.

In January 2006 a scheme proposing a single storey rear extension, use of ground floor of the building for A3/A5 use and first and second floors as a 3 bedroom flat was refused by the Council. Whilst the change of use was acceptable in principle, the application was refused due to concern about the proposed alterations and extensions required and the adverse impact upon the character and appearance of the Grade II Listed Building (Refs. 05/02370/FUL & 05/02375).

In October 2006 an amended application for a scheme proposing the same development described above was approved by the Council. This application proposed alterations and extensions that were much more sympathetic to the character and appearance of the listed building and therefore did not contravene planning policy (Refs. 06/03255/FUL & 06/03257/LBC).

SUMMARY OF REPRESENTATIONS

The application has been advertised by site notice, in the newspaper and by letter. No representations have been received.

PLANNING ASSESSMENT

The main planning issues to be considered in the determination of this application include the following:

1) Policy Issues; 2) Impact Upon the Character of the Listed Building; and 3) The Standard of Residential Accommodation.

52 Policy Issues

The application site lies within the Central Shopping Area and a Housing Priority Zone as defined in the Unitary Development Plan (UDP). Policy S3 of the UDP advises that both food and drink outlets and housing are described as preferred uses in the Central Shopping Area.

The proposed living accommodation will take the form of a shared flat with six bedrooms. Members are advised that shared dwellings lawfully fall within the same Use Class as single family dwellings (Class C3) when occupied by not more than 6 residents living together as a single household. As such, the principle of development is in accordance with Policy S3.

Policy H12 of the UDP advises that, in the City Centre Housing Priority Zone, housing (Class C3) will be expected to form a significant proportion of any new development. Part (a) advises that housing will help to strengthen existing communities in areas where housing is already established. Given the C3 designation of this flat and the nearby residential uses, it is considered that the development complies with this policy aspiration.

The Devonshire Quarter Action Plan (approved 2001) is a material consideration when determining planning applications within its boundary. It seeks to strengthen cross links between Division Street and West Street by encouraging more active frontages. The proposed development would bring a vacant listed building back into use which would support the Action Plan’s aim.

Impact upon the Character of the Listed Building

Policies BE15 and BE19 relate to development involving listed buildings, and seek to ensure that the character and appearance of such buildings is preserved and enhanced and their special interest maintained. The original use of the listed buildings is preferred, but other uses will be considered where they enable the future of the building to be secured.

Government guidance in the form of PPG15 ‘Planning and the Historic Environment’ gives policy guidance on proposals relating to listed buildings. In relation to alterations and extensions it advises that many listed buildings can sustain some degree of sensitive alteration or extension to accommodate new uses but also recognises that changes can cumulatively be very destructive to a building’s special interest. A proper balance between the special interest of a listed building and the proposed alterations should be achieved.

The change of use proposed does not reflect the original use of the building. However it would bring a new mixed-use to a vacant listed building that is beginning to deteriorate through lack of use and maintenance. In this respect the proposed change of use is welcomed.

The Westfield Terrace façade of the building would be unaffected by the proposals as indicated, although there may be pressure for further alterations once an operator has been established.

With regard to the proposed works to create a restaurant/café at ground floor level it is advised that there is no significant change to the design and layout of that previously approved under the last permitted 2006 scheme. The principle of the use and the proposed conservatory style rear extension, have previously been established. There is considered to be no change to officers’ opinion about this part of the proposal and therefore the impact of this part of the scheme on the character and appearance of the listed building creates no significant concerns. Shop front alterations would be subject to a future planning application.

The development still incorporates a large metal external flue on the rear elevation of the building, adjacent to the existing chimney stack (which is of insufficient diameter to accommodate the flue internally). The flue’s position has not changed from the approved 2006 scheme which was considered acceptable subject to it being painted a dark matt colour. Whilst the flue would be visible from the residential site to the east (Flockton Court), its prominence could again be reduced by painting it and it would still be hidden from view from the public highway. Therefore, it is once again considered that impact of the flue upon the appearance of the listed building would not be considerable.

However, it is considered that the details submitted with the application for the flat unit and the proposed 6 bedrooms would result in unacceptable changes to the appearance of the building and the layout of its internal space, such that its character would be adversely affected, and original features lost.

The 6 bedrooms proposed would overdevelop the building. The second floor accommodation would be achieved by lowering the ceiling at first floor level to create suitable head space as the attic space is currently not large enough to accommodate the proposed number of units. However, this alteration offers significant concern about the impact on the form of the building; it would alter its original form and have a detrimental affect on the windows and the character of the rooms below. This change is therefore considered to be an insensitive alteration which is unacceptable and contrary to Policies BE15 and BE18 of the UDP.

It is proposed to install roof lights in the roof of the building in order to provide daylight to the second floor bedroom accommodation. There are two conservation rooflights per bedroom which would result in a total of four rooflights being inserted in each roof plain. It is considered that the number of rooflights is excessive and detrimental to the character and appearance of the building, especially the front elevation which has the main public view. The need for such a large quantity of rooflights is essentially due to the excessive number of bedrooms proposed at second floor level.

The inclusion of en-suites within five of the six bedrooms would result in the creation of a new floor plan layout with new walls and spaces created. These additions to the building offer significant concern as they would destroy the original plan layout of the first and second floor levels. This is considered to be an unacceptable addition to the building as it would significantly change the character of the internal space and thus adversely affect the overall character of the listed building.

In light of the above, it is considered that the conversion scheme is not sympathetic to the building’s Grade II listed status. It proposes alterations that result in overdevelopment of the building and seeks works to accommodate the use which do not preserve the special character and historic layout of the building. Therefore, it is considered that the application is contrary to UDP Policies BE15 and BE19 as well as the guidance set out in PPG15.

Standard of Accommodation

Policy H5 of the UDP (‘Flats, Bed-Sitters and Shared Housing’) is relevant to this proposal and part (b) states that planning permission will be granted for the creation of flats, bed-sitters and the multiple sharing of houses only if living conditions would be satisfactory for occupants of the accommodation and for their immediate neighbours. Policy H14 of the UDP (‘Conditions on Development in Housing Areas’) is also relevant and part (c) states that the site should not be over- developed or deprive residents of light, privacy or security.

Members are advised that there is significant concern about the standard of bedroom accommodation at the building’s second floor level. Notwithstanding the scheme’s intention to lower the ceiling at first floor level, it is considered that Bedrooms 3 – 6 (especially Bedrooms 5 and 6) would be significantly hindered by the shape of the roof and the limited amount of head room space where occupants could easily stand-up and use the bedroom freely. It is considered that this concern is derived from an overdevelopment of the building whereby there appear to be too many bedrooms proposed in a limited area of roof space area.

In light of the above, it is concluded that the proposed bedroom accommodation is unacceptable and thus creates unsatisfactory living conditions for future occupants, which is contrary to the requirements of Policies H5 and H14 of the UDP.

SUMMARY AND RECOMMENDATION

In summary, the proposed change of use to a restaurant/café/hot food take-away at ground floor with residential accommodation above is acceptable in principle, in accordance with Policies S3 and H12 of the Unitary Development Plan. Furthermore, the intention to re-use the building is welcomed. However, it is considered that the proposed alterations to the first and second floors to create six bedrooms is detrimental to the character and form of this Grade II Listed Building contrary to Policies BE15 and BE19 of the UDP and guidance contained within PPG15.

Members are advised that the approved 2006 scheme (Refs. 06/03255/FUL & 06/03257/LBC) is a more sympathetic development to that proposed in this application. This application seeks to introduce six bedrooms within the first and second floor, in comparison to the three bedrooms previously approved in 2006. This increase in the intensity of the use at the first and second floor is considered to be too much for this listed building resulting in overdevelopment and leading to an adverse impact upon the original character, layout and appearance of the premises. It is also considered that the quantity of bedrooms would result in

55 unsatisfactory living conditions for future occupants of the proposed accommodation. Therefore, it is concluded that the proposal is contrary to the aims of policies BE15, BE19, H5 and H14 of the adopted UDP, and to the aims of PPG15.

In light of the above, it is recommended that both Planning Permission and Listed Building Consent are refused.

Case Number 09/02057/FUL

Application Type A Full Planning Application

Proposal Single-storey extensions on the South-West, South- East and North-East elevations of building for use as additional office accommodation

Location Players House 300 Attercliffe Common Sheffield S9 2AG

Date Received 26/06/2009

Team CITY CENTRE AND EAST

Applicant/Agent Chris Gothard Associates

Recommendation Grant Conditionally

Subject to:

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

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

2 This development shall be carried out in complete accordance with the approved plans 1736-15, 16. 17, 18 Rev B, 19 Rev B, 20, 21, 22, 24, 25 and 26. unless otherwise authorised in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

5 Prior to the occupation of the extensions hereby approved, further details of the means of manifestation to the glazing shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be implemented in accordance with the approved details and thereafter retained.

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

Attention is drawn to the following justifications:

LR3 - Development in Business: Institution: leisure Areas BE5 - Building Design and Siting BE15 - Areas and Buildings of Special Architectural and Historic Interest BE19 - Development affecting Listed Buildings CS3 - Locations for Office Development CS74 - Design Principles

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

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

58 Site Location

LOCATION AND PROPOSAL

This application relates to Players House, a detached Grade II Listed building fronting Attercliffe Common. Players House was formerly Carbrook School until its closure in the 1980s; it was then left vacant until 1997 when it was converted into Players café and restaurant, which subsequently closed in 2001. In 2003, the applicant took ownership of the building to operate a digital media and creative agency - Dig for Fire, which presently employs approximately 140 staff on various sites across the City.

Players House was built as a Victorian Board School circa 1874. It extends to two storeys and is constructed in coursed squared stone with gabled and hipped slate roofs. The property incorporates distinctive glazing patterns that include tall segment-headed windows to all elevations, which are set within deep reveals. The front elevation of the building to Attercliffe Common extends to a width of 22.2 metres and a depth of 10.6 metres. The rear wing of the building is 26.5 metres in length and 14.2 metres in depth; in between is a narrower section that is 13.3

59 metres in width and 16 metres in length, which creates a natural recessed ‘bay’ between the front and rear wings.

Players House was not listed until 1994 such that there are presently two modern unattractive external fire escapes within the central recessed bays that were installed prior to that date. The main entrance to the building is from the car park to the rear. The premises currently has an allocation of 59 car parking spaces for the sole use of this building of which 10 spaces adjoin the north-eastern elevation, 10 are immediately adjacent to the main entrance at the rear with the remaining spaces within a car park shared with the adjacent Insight Technology Park.

The surrounding area is relatively mixed in character and Players House stands in a relatively open and visible position on Attercliffe Common. It is adjoined to the south-west by the recently constructed Etap Hotel; this building extends to a maximum of five storeys and is constructed in red brick with a central stone clad feature. The single storey Insight Technology Park lies to the south-east with the surrounding environment occupied predominantly by commercial and industrial premises and the leisure facilities associated with the Lower Don Valley.

This is a full Planning and Listed Building Consent application(s) for the construction of 3 single storey glazed extensions to the side elevations and to the rear elevation. The extensions each comprise a lightweight steel structure with full length glazing set within a natural stone plinth. The majority of the glazing is clear albeit that the top section is black polished glass to assist with solar control. The steel structure supports a powder coated aluminium flat roof that projects beyond the glass walls by 0.8 metres with brise soleil positioned below the soffitt, which is also designed to mitigate solar gain.

To the rear elevation, which incorporates the main entrance, the glazed extension projects to a depth of 8.4 metres and runs the entire length of the building; it extends over land that was formerly used as an access road to drop visitors at the front door. The extension is proposed to a height of 4.9 metres and sits just below a projecting stone course that is sited beneath the first floor windows around the entire building.

To the north-east elevation, which is most visible from Attercliffe Common, the extension sits within the recess created by the front and rear wings. The new glazed structure projects 5.7 metres from the building, 13.2 metres in length (incorporating the escape stairs) and 5.1 metres in height. The modern escape stair structure to this elevation will be removed and a new planar glazed element installed in its place.

To the south-east elevation, which faces onto the flank wall of the Etap Hotel, the glazed extension projects to a depth of 5.3 metres, a width of 13.5 metres and a height of 5.1 metres. Because of the proximity of a secondary internal staircase adjoining this part of the building, it is possible to remove the modern external staircase to this façade.

60 The proposed extensions will create a total increase in floorspace of 326.5 square metres. The applicant has advised that the extensions will allow the company to rationalise the workforce onto a single site and enable further expansion.

RELEVANT PLANNING HISTORY

The most relevant planning history is summarised below:

03/03444/CHU: Change of use to office, minor alterations and erection of a two- storey internal mezzanine structure. Approved: 06.01.2004

03/03443/LBC: Change of use to office, minor alterations and erection of a two- storey internal mezzanine structure. Approved: 06.01.2004

SUMMARY OF REPRESENTATIONS

The applications were advertised by means of neighbour notification and also by press notice and site notice as an application affecting a Grade II Listed Building. No public representations to either the Full or Listed Building Consent application has been received.

The following statutory consultation response has been received:

English Heritage: No comments to make on the application; they recommend that it is determined in accordance with national and local policy guidance.

The Ancient Monuments Society has examined the plans and advise that they feel able to ‘applaud the scheme’. They advise that the ‘clean, strikingly different aesthetic employed for the new single storey wings throws the Innocent and Brown original into relief whilst the placing of the new build generally complements the balance in composition which the 1874 designers sought to achieve. The only area of concern for the AMS is the south-east elevation where they advise that the inference of the drawings is that the striking run of segmental arches is subsumed within the new single storey section. Whilst it may be acceptable for the new build to abut this elevation, AMS consider that it is not acceptable for the ground floor original to be destroyed.

PLANNING ASSESSMENT

This application proposes the construction of three glazed single storey extensions to a Grade II Listed former school to create additional office accommodation. The key issues to consider in the determination of this application include the following: i. Principle of development: Policy and Land Use; ii. Impact on the Grade II Listed Building; iii. Design and; iv. Highways; v. Access.

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

Policy and Land Use

Within the Unitary Development Plan the application site is located within a zone designated for Business: Institute and Leisure. Policy LR3 of the UDP relates to development in such areas and advises that acceptable uses include business (Use Class B1). This application seeks to extend an existing business use and is therefore fully in accordance with Policy LR3.

Although this application represents only a small increase in office accommodation of 326.5 square metres, it is relevant to consider policies within the recently adopted Core Strategy. Policy CS3 of the Core Strategy relates to locations for office development and advises that office development will take place in the City Centre, in accessible locations at the edge of the City Centre, in District Centres, on high frequency bus routes in urban areas and near Supertram stops and around Meadowhall and Tinsley Park. This application represents an extension to an existing office premises but it is relevant to note that the site is within 200 metres of the Supertram stop at Don Valley Stadium and is also in close proximity to a good bus route. On this basis, and given the scale of development, the application is considered to accord with Policy CS3 and is acceptable in principle.

Impact on the Grade II Listed Building

National planning policy guidance in respect of Listed Buildings is clearly set out in Planning Policy Guidance 15: Planning and the Historic Environment and S66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, which states that in considering whether to grant planning permission for development which affects a Listed Building or its setting, the local planning authority must have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

In the context of the Unitary Development Plan, Policy BE15 advises that buildings and areas of special architectural of historic interest will be preserved or enhanced and development that would harm their character or appearance will not be permitted. Policy BE19 requires that internal and external alterations and new buildings within the curtilage of Listed Buildings should preserve the building’s character, appearance and setting.

This application proposes the introduction of three modern glazed extensions to each side elevation and to the rear elevation of this Grade II Listed building. The extensions comprise a steel structure that will be in-filled with Planar glazing to create a lightweight structure through which the original stonework of the building is still visible. The glazing will ‘sit’ on a single course of natural stone, which is intended to provide a minimal plinth but the stone will also reflect the character of the existing building. Approximately three-quarters of the glass is clear with the top quarter to comprise black polished planar double-glazing, which is necessary to assist with solar shading. To further address the issue of solar control, it is also

62 necessary for the aluminium flat roof to project approximately 0.8 metres beyond the glazing and for brise soleil to be introduced below the soffit level.

It is considered that the design of the proposed extensions has regard to the character of the Listed Building such that the extent of glazing will ensure that the stone and detailing of the original building is still visible. In order to reduce the impact on the building, the applicant has advised that the junctions of the new building with the existing fabric have been designed to be as simple as possible and avoid major architectural features such as string courses, window heads, decorative buttresses and arches. Moreover, it is noted that the extensions will result in a positive improvement to the appearance of the building by facilitating the removal of the escape stair tower to the south-west elevation and the reconstruction of the stair tower to the north-east elevation in planar glass.

In conclusion, it is considered that the proposed extensions have been sensitively designed, in scale and detail, to have regard to the distinctive character and architectural features of the Listed building. Moreover, the introduction of these modern glazed extensions will ensure the long-term viability of the building as an office premises. On this basis, the proposal is considered to accord with the principles set out in PPG15 and with Policies BE15 and BE19 of the Unitary Development Plan.

Design

Policy BE5 of the UDP relates to building design and siting and advises that good design and the use of good quality materials will be expected in all new developments. Policy CS74 of the SDF Core Strategy, which relates to design principles, advises that high-quality development will be expected, which would respect, take advantage of and enhance the distinctive features of the city, its districts and neighbourhoods.

The proposed extension is constructed in a steel frame with Pilkington Planar double-glazing and a stone plinth, which is considered to represent a high quality palette of materials appropriate to this Listed Building. The roof is to be constructed in powder coated aluminium with concealed gutters to ensure a compact roof profile. As noted above, it is acknowledged that the roof will project 0.8 metres from the glass walls, which is significant, but in this instance it is noted that solar control is vital to the effective functioning of the proposed glazed extensions and it is therefore considered acceptable.

The scale of the extension to the north-east and south-west have been designed to sit within the line of the front and rear wings of the building and are appropriate in both depth and height; indeed, the height of each extension is intended to sit below the stone string course that runs around the building at first floor level and provides a natural break between the floors. To the rear, the extension runs the entire length of the building; however, this approach was considered preferable to a part- extension of that elevation, which would break up the arch detailing of this façade.

It is therefore considered that the proposed extension is of a high quality and uses high quality materials; it will also enhance the visual appearance of the premises

63 and on this basis, is fully in accordance with Policy BE5 of the UDP and Policy CS74 of the SDF Core Strategy.

Highways

The application will result in an increase in floorspace of 326.5 square metres but no additional car parking is proposed on the basis that there is insufficient space within the site to expand parking provision. However, it is considered that Players House lies within a highly accessible location in close proximity to Supertram facilities and on a good bus route with at least 3 buses an hour into the centre of Sheffield. Furthermore, the applicant has advised that a large proportion of staff either car-share or arrive by public transport such that the parking provision is never used to its full capacity. Indeed, the building incorporates a shower and changing facility for staff that choose to cycle or run to work. In order to encourage the further use of public transport, there is no intention to provide additional spaces. Given the accessibility of this location, this approach is considered acceptable and the proposal does not raise any concerns in respect of highway capacity or parking provision.

Accessibility

Players House presently accommodates level disabled access to the ground floor with a mechanical lift to the first floor. The applicant has confirmed that level access will be provided to the new extensions. Visual manifestation will also be incorporated into the glazed screens and entrance doors in order to afford protection for people with visual impairment, which will be secured by means of a planning condition. Five disabled car parking spaces are also provided in close proximity to the front entrance of the building. On this basis, accessibility into and within the building is considered acceptable.

Sustainability

Policy CS64 of the Core Strategy, which relates to climate change and the sustainable design of developments and advises that all new buildings and conversions of existing buildings must be designed to reduce emissions of greenhouse gases, is relevant to developments in excess of 500 square metres. This application proposes an extension of less than 500 square metres such that the requirements of Policy CS64 are not applicable. However, it is relevant to note that the applicant has fully considered sustainable design within the proposal. The full length glazed walls will be constructed in Pilkington’s K low-e glass, which is designed to retain heat and incorporates a solar control coating to reflect radiation from the building. The projecting eaves and brise soleil provide further shading. It will, however, still be necessary to ensure some form of heating and cooling, which the applicant has advised will be provided in the form of an air source heat pump system, which is a low carbon solution and is welcomed as part of this proposal.

RESPONSE TO REPRESENTATIONS

In response to the comments from the Ancient Monuments Society it is advised that the single storey extension to the south-east elevation does extend along the

64 entire length of the elevation but it does not destroy the original ground floor as the segmental arches will still be visible behind the glazed façade. On this basis, the proposal is considered acceptable.

SUMMARY AND RECOMMENDATION

This application proposes the construction of three single storey glazed extensions to each side elevation and to the rear elevation of this Grade II Listed building to provide an additional 326.5 square metres of office accommodation, which will allow the applicant to consolidate the business on one site in Sheffield and allow further expansion. The principle of additional office accommodation in this highly accessible location is considered acceptable and is in accordance with Policy LR3 of the UDP and CS3 of the Core Strategy. Architecturally, the extensions comprise a lightweight steel structure with full length glazing to a natural stone plinth. The steel structure supports a powder coated aluminium flat roof that projects beyond the glass walls to provide an element of solar control. This lightweight approach will ensure that the stone facades and detailing on the building remain visible and the proposal is therefore considered to represent a sympathetic extension to a Listed building that will preserve its distinctive character and appearance in accordance with PPG15 and Policies BE15 and BE19 of the Unitary Development Plan. The use of a steel frame and planar glazing with a narrow stone plinth is deemed to represent a high quality structure using high quality materials in accordance with Policy BE5 of the UDP and Policy CS74 of the SDF Core Strategy. Given the small scale nature of this proposal and the accessibility to public transport, reliance on the existing parking provision is deemed acceptable in this instance. Finally, it is relevant to note that the office will be fully accessible to all. It is therefore concluded that the planning and listed building consent applications are in accordance with current planning policy and are recommended for approval subject to conditions.

Case Number 09/02055/LBC

Application Type Listed Building Consent Application

Proposal Single-storey extensions on the South-West, South- East and North-East elevations of building for use as additional office accommodation

Location Players House 300 Attercliffe Common Sheffield S9 2AG

Date Received 26/06/2009

Team CITY CENTRE AND EAST

Applicant/Agent Chris Gothard Associates

Recommendation Grant Conditionally

Subject to:

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

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

In order to ensure an appropriate quality of development.

3 The abutment of new walls to the Listed Building shall not be bonded into existing walls by removing existing masonry unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure the protection of the original fabric of the Listed Building

4 No lighting or other services shall be affixed to the walls of the Listed Building within the extensions unless approved in writing by the Local Planning Authority through the submission of details. Thereafter, such new lighting or other services shall be installed in accordance with the approved details.

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

BE15 - Areas and Buildings of Special Architectural and Historic Interest BE19 - Development affecting Listed Buildings

and to all relevant material considerations, including Supplementary Planning Guidance.

This informative is intended as a summary of the reasons for grant of listed building consent. For further detail on the decision please see the application report by contacting the Planning Records section on 2734220 or by visiting Sheffield City Council’s website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

67 Site Location

LOCATION AND PROPOSAL

68 metres in width and 16 metres in length, which creates a natural recessed ‘bay’ between the front and rear wings.

69 The proposed extensions will create a total increase in floorspace of 326.5 square metres. The applicant has advised that the extensions will allow the company to rationalise the workforce onto a single site and enable further expansion.

RELEVANT PLANNING HISTORY

The most relevant planning history is summarised below:

03/03444/CHU: Change of use to office, minor alterations and erection of a two- storey internal mezzanine structure. Approved: 06.01.2004

03/03443/LBC: Change of use to office, minor alterations and erection of a two- storey internal mezzanine structure. Approved: 06.01.2004

SUMMARY OF REPRESENTATIONS

The following statutory consultation response has been received:

English Heritage: No comments to make on the application; they recommend that it is determined in accordance with national and local policy guidance.

PLANNING ASSESSMENT

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

Policy and Land Use

Impact on the Grade II Listed Building

71 necessary for the aluminium flat roof to project approximately 0.8 metres beyond the glazing and for brise soleil to be introduced below the soffit level.

Design

It is therefore considered that the proposed extension is of a high quality and uses high quality materials; it will also enhance the visual appearance of the premises

72 and on this basis, is fully in accordance with Policy BE5 of the UDP and Policy CS74 of the SDF Core Strategy.

Highways

Accessibility

Sustainability

RESPONSE TO REPRESENTATIONS

In response to the comments from the Ancient Monuments Society it is advised that the single storey extension to the south-east elevation does extend along the

73 entire length of the elevation but it does not destroy the original ground floor as the segmental arches will still be visible behind the glazed façade. On this basis, the proposal is considered acceptable.

SUMMARY AND RECOMMENDATION

Case Number 09/02046/FUL

Application Type A Full Planning Application

Proposal Use of common open space as a private garden and erection of perimeter wall

Location 162 Holmhirst Road Sheffield S8 0GX

Date Received 06/07/2009

Team SOUTH

Applicant/Agent Mr Simon Ovenden

Recommendation Grant

Subject to:

Attention is drawn to the following justifications:

H14 - Conditions on Development in Housing Areas CS47 - Safeguarding Open Space

and to all relevant material considerations, including Supplementary Planning Guidance.

75 Site Location

LOCATION AND PROPOSAL

The application site is located within a Housing Area as defined within the Unitary Development Plan. It comprises a two-storey end-of-terrace, brick built dwellinghouse

The application seeks consent for the retention of the use of land previously forming common open space as extension/s to private garden space. The change of use was undertaken without planning permission having being granted. The works carried out to facilitate this change of use involve the creation of a brick wall at the new boundary, the planting of a privet hedge and the re-levelling of the garden to provide a reasonably level area.

RELEVANT PLANNING HISTORY

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

76 SUMMARY OF REPRESENTATIONS

Following neighbour notification three written representations have been received. The comments made can be summarised as follows:

- The bricks are very old, and include many variations of colour, which mis- match with surrounding properties and has a poor appearance. - Enlarged garden has also been raised, leading to clear view through upstairs windows. Loss of privacy. - Land was previously grassed public land. - Privet hedge and gate not mentioned on application - Query how works have enhanced disabled access - Garden does not provide adequate safety

PLANNING ASSESSMENT

The application is located within a Housing Area, policy H10 of the Adopted Unitary Development Plan states that housing uses, such as domestic garden space, will be preferable but open space is also referred to as a welcome ancillary use in Housing Areas. Policy H14 (a) states that new buildings and extensions are required to be well designed and in scale and character with neighbouring buildings. Whilst referring most specifically to new buildings and extensions, the current proposal’s impact on the character of the area is of relevance to the current assessment.

Policy CS 47 of the Sheffield Development Framework Core Strategy deals with the “Safeguarding of Open Space”. This policy defines informal open space as small green areas which provide a setting for built development which may offer opportunities for informal recreation close to homes. Whilst the area/s subject to the application were previously open, they were not of sufficient size to serve as a setting to the dwellinghouses.

Additionally, the combined area of the spaces is approximately 80 sq metres. Given that this total area is comprised of two smaller portions, they would not have been able to accommodate opportunities for informal recreation. The immediate proximity to the dwellinghouse would also have acted as a disincentive to informal recreation opportunities. The larger portions of grassed space to the south would have instead been far more capable of accommodating such recreation activities.

Overall, the space is not considered to qualify as informal open space, and the proposal’s affects on recreation opportunities within the vicinity is considered to be insignificant. Therefore, formal assessment of the proposal against the wider aspects of policy CS 47 is not required.

Policy H14 requires the proposal’s impacts within the street scene and upon the character of the area to be considered. In relation to this aspect it should be noted that the frontage of the curtilages of dwellings at num’s 1 to 13 Holmhirst Drive adjoin the back of the same footpath which is now adjoined by the newly created garden space. Therefore, the expansion of the private curtilage results in the

77 creation of a continuation of the curtilage frontages of num’s 1 to 13 Holmhirst Drive.

The perimeter treatment facilitating the enlarged private garden is considered to be sensitively designed, including a brick built wall with a privet hedge planted to the rear. The brick wall marginally exceeds 1metre in height for a short portion of its length. The use of a variety of types of reclaimed bricks is considered to avoid it having a stark appearance that can sometimes result from walls comprising a single brick type. Additionally, re-claimed bricks are advantageous in sustainability terms. Consent is required for the wall, as it exceeds 1metre in height for a reasonably limited length. This is considered to be acceptable in visual terms.

Overall, the proposal would be considered to have a positive impact on the street scene and the character of the area, as a result of the provision of a continual curtilage frontage running from Num 1 Holmhirst Drive to the southern point of the application site.

Concern has been raised that the elevated garden level leads to privacy impact upon first floor windows on the opposite side of Holmhirst Drive. The level has been increased by approximately 1metre, and the garden would be separated by at least 15metres from windows opposite. The additional opportunities for overlooking are not considered to be significant, and would not be sufficient to support an argument for refusal.

RESPONSE TO REPRESENTATIONS

The points raised within correspondence have been addressed within the above assessment.

SUMMARY AND RECOMMENDATION

The application seeks consent to retain land which was previously common open space as private garden. Consent is also sought for the boundary wall. The land is not considered to qualify as informal open space under the definition given within the Sheffield Development Framework Core Strategy document. The works are considered to have had a beneficial impact upon the character of the area and appearance of the street scene, and avoid a detrimental impact upon the privacy of neighbouring occupiers.

Overall, the scheme is considered to be acceptable and approval is recommended.

Case Number 09/02008/LBC

Application Type Listed Building Consent Application

Proposal Alterations and extensions to form doctors/dental surgery (Use Class D1) and a ground floor shop unit (Use Class A1) and installation of new shop front (Amended scheme to 09/00014/LBC)

Location Ashington Denton Solicitors Imperial Chambers 18 - 20 Norfolk Row Sheffield S1 2PA

Date Received 24/06/2009

Team CITY CENTRE AND EAST

Applicant/Agent Passetti And Associates

Recommendation Grant Conditionally

Subject to:

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

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

2 Existing windows shall be retained and repaired unless otherwise agreed in writing by the Local Planning Authority.

In order to protect the original fabric of the building and the character and appearance of the Conservation Area.

3 Before the development is commenced full details of the proposed shopfront and doorway shall have been submitted to and approved by the Local Planning Authority, and the shopfront and doorway shall not be installed except in accordance with such approved details

In order to ensure an appropriate quality of development.

4 Before the development is commenced full details of the proposed solar panels to include details of the type of panel (manufacturers details) and their position on the building shall have been submitted to and approved by

79 the Local Planning Authority, and the solar panels shall not be installed except in accordance with such approved details

In order to ensure an appropriate quality of development.

5 Before the development commences, details, specifications and finishes of all new internal doors, including frame section sizes, reveal depths and any mouldings and architraves at a minimum of 1:10 scale shall have been approved in writing by the Local planning Authority. Thereafter, the new doors shall be installed in accordance with the approved details.

In order to ensure an appropriate quality of development.

6 Before the development commences, details of all new joinery and timber structural elements and/or the repair, alteration or replacement of existing timber elements (including roof and floor timbers, partitions, stairs, balustrades, screens, wainscoting) shall have been approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved plans.

In order to protect the character of the original building.

7 Before the development commences, a schedule of all fixtures and fittings, with a photographic record, and details of their retention, repair, removal or relocation shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved schedule.

In order to protect the character of the original building.

8 Before the development commences, details and locations of all new fixtures and fittings shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details

In order to ensure an appropriate quality of development.

9 Before the development commences, details of how cornices, skirtings, architraves, picture rails, dados, embossed wallcoverings and other decorative features are to repaired, replaced, altered, reproduced and protected during building works shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details

In order to protect the character of the original building.

10 Before the development commences, the design and location of all new internal and external light fittings shall have been approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

11 Before the development commences, 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 have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

12 Before the development commences, 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 have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

13 This development shall be carried out in complete accordance with the approved plans unless otherwise authorised in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

BE7 - Design of Buildings Used by the Public BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings S2 - Development of Frontages in the City Centre’s Retail Core S3 - Development in the Central Shopping Core

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

1. Failure to carry out this development in accordance with the approved plans may result in enforcement action. Please contact the Planning Department

81 if you wish to amend any design or specifications for your proposed development.

Site Location

For report see 09/02007/FUL

Case Number 09/02007/FUL

Application Type A Full Planning Application

Proposal Alterations and extensions to form doctors/dental surgery (Use Class D1) and a ground floor shop unit (Use Class A1) and installation of new shop front (Amended scheme to 09/00013/FUL)

Location Ashington Denton Solicitors Imperial Chambers 18 - 20 Norfolk Row Sheffield S1 2PA

Date Received 24/06/2009

Team CITY CENTRE AND EAST

Applicant/Agent Passetti And Associates

Recommendation Grant Conditionally

Subject to:

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

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

2 Existing windows shall be retained and repaired unless otherwise agreed in writing by the Local Planning Authority.

In order to protect the original fabric of the building and the character and appearance of the Conservation Area.

3 Before work on site is commenced, full details of suitable inclusive access and facilities for disabled people, both to and into the building(s) and within the curtilage of the site, shall have been submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such inclusive access and facilities have been provided in accordance with the approved plans. Thereafter such inclusive access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

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

83 4 Before the development is commenced full details of the proposed shopfront and doorway shall have been submitted to and approved by the Local Planning Authority, and the shopfront and doorway shall not be installed except in accordance with such approved details.

In order to ensure an appropriate quality of development.

5 Before the development is commenced full details of the proposed solar panels shall have been submitted to and approved by the Local Planning Authority, and the solar panels shall not be installed except in accordance with such approved details

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

BE7 - Design of Buildings Used by the Public S2 - Development of Frontages in the City Centre’s Retail Core S3 - Development in the Central Shopping Core

and to all relevant material considerations, including Supplementary Planning Guidance.

84 Site Location

LOCATION AND PROPOSAL

No 18-20 is a Grade 2 listed building of 3 storeys at the corner of Norfolk Row and the side entrance to the Upper Chapel yard. It is vacant and was used for many years as offices.

The proposal is to alter and convert the building to form a doctors’/dental surgery on part of the ground floor and on the first and second floors, with a self contained shop unit on part of the ground floor. Revised proposals lower the shop unit floor to provide level access without altering the footway.

HISTORY

App No 09/00013/FUL & 09/00013/LBC: Planning permission and listed building consent for a similar scheme (doctors’/dental surgery and 2 ground floor shops) was refused on 31 March 2009 because of inappropriate design, poor detailing and the lack of a satisfactory Listed Building Statement.

REPRESENTATIONS

None.

English Heritage: No comments. To be determined in accordance with national and local policy guidance and on the basis of the Council’s specialist conservation advice.

ASSESSMENT

Land Use

There are no Core Strategy policies applicable to this proposal.

The site lies within the Retail Core of the Central Shopping Area of the Unitary Development Plan. Policy S2 does not allow Class D1 uses (Community Facilities and Institutions) on ground floors in the Retail Core, but lists Shops (Class A1) as a Preferred use. Policy S3 lists Class D1 uses as Acceptable on the upper floors.

The use of the ground floor as a reception for the surgery is not considered a sufficient reason for refusal, bearing in mind the otherwise acceptable land uses and re-use of the listed building.

Character of the Listed Building

The listed building is situated within the City Centre Conservation Area. Policies BE16 and BE19 require alterations to historic buildings to preserve or enhance the character or appearance of the Conservation Area and listed buildings.

The listed building statement and drawings clarify much of the doubt in the previous application that was refused.

The building is of mixed character, having been much altered. The building may have been built as two separate units probably for residential occupation in Georgian times. In Victorian times they were presumably combined into one, with insertion of stone lintels instead of brick to ground and first floor windows and a new timber door and surround.

A Victorian main staircase was provided, and numerous other internal alterations and minor extensions were carried out, materially affecting the building’s original character. However the second floor rooms remain substantially intact as Georgian, and is reminiscent of an earlier and less commercial use. There have also been other 20th century interventions.

The conservation strategy is the retention of mainly Victorian character to the ground and first floors, and of mainly Georgian character to the second, with appropriate 21st century interventions using good quality materials. Much use will be made of full height glass walls as an aid to patients’ relaxation, in line with the

86 theme of the proposed business. Some inappropriate 20th century additions are to be removed.

Proposed Alterations

The self-contained ground floor shop unit will be created by blocking the existing door, removing an internal wall, lowering the floor to provide level access, and providing a new frameless glazed door with shop window within the width of the existing two front windows.

The ground floor surgery reception will entail the removal of the right hand wall inside the main door back to the rear of the building, and the removal of a modern safe.

On the second floor, the 20th century staircase will be removed and resited with a glass wall. The existing toilets in this area will be removed, and the room extended to the rear and provided with a full height rear glazed wall and internal full height glazed partition. Two more glass walls will subdivide the front and rear rooms on the right hand side of the building.

Elsewhere, all existing and Victorian and Georgian windows will be retained, as will all remaining covings and decorative plasterwork. Downstand beams will indicate the positions of removed walls.

Externally, 20th century windows facing the rear on the first and second floors will be removed and replaced either with full height glazing, or with Georgian replicas as appropriate. This will enhance the view of the building from the Upper Chapel Yard, which presently is a mixture of styles.

Some compromises have been accepted, such as the removal of historic fabric and extensive use of glazed walls, to ensure the re-use of this complicated building. The glazed walls are regarded as reversible, and subject to conditions requiring satisfactory detailing there is no objection to these alterations.

Inclusive Access

Policy BE7 expects safe, easy and equal access for people with disabilities to all buildings used by the public.

The revised ground floor of the shop unit will comply with policy, omitting an unacceptable 1 in 17 ramp in the footway, provided the door is of sufficient width with manifestations. This is covered by condition. The raised footway to the main entrance makes the ground floor of the surgery accessible. A disabled toilet is proposed, but further details are required by condition.

Refuse and Recycling

It is intended to continue the existing refuse arrangements by storing material within the units, although no provision is shown on the drawings. This is required by condition, including separation of waste and a method statement to prevent bin

87 storage on Norfolk Row. The private rear access may be available, and is known to be used by neighbouring occupiers for bin storage.

Sustainability

The accompanying Environmental Statement says that there will be grey water recycling, with low energy lighting and appliances. Building materials with low embodied energy will be used, including recycled materials. Solar panels are proposed for the rear south facing roof slopes.

Details of grey water recycling and solar panels are required by condition to assess their impact upon the building’s character.

Highways

The proposal is satisfactory from the Highways standpoint as the site is located in the heart of the City Centre and close to a variety of transport options.

CONCLUSION

The building is larger than appears at first sight, and will require substantial investment to adapt it bring it up to modern standards of occupation. The building has been vacant for a number of years, and the proposal offers the prospect of re- use compatible with the character of Norfolk Row. There are no difficulties that cannot be resolved through conditions .

RECOMMENDATION

Grant subject to the recommended conditions.

Case Number 09/01999/OUT

Application Type Outline Planning Application

Proposal Erection of dwellinghouse

Location 44 Main Avenue Totley Rise Sheffield S17 4FJ

Date Received 01/07/2009

Team SOUTH

Applicant/Agent Barlow Building Design

Recommendation Grant Conditionally

Subject to:

1 The development shall not be commenced unless and until full particulars and plans thereof shall have been submitted to the Local Planning Authority and planning approval in respect thereof including details of appearance, landscaping, layout and scale (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:- the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

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

4 Unless otherwise indicated on the approved plans, no hedge shall be removed without the prior written approval of the Local Planning Authority.

In the interests of the amenities of the locality.

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

In the interests of the amenities of the locality.

6 Before development is commenced, full details of all hard surfaced areas within the site shall have been submitted to and approved by the Local Planning Authority. Such details shall consist of porous materials, or shall direct surface water run off from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse. Thereafter the hard surfacing shall be implemented in accordance with approved details.

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

Attention is drawn to the following justifications:

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

and to all relevant material considerations, including Supplementary Planning Guidance.

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

90 Development Services Howden House 1 Union Street Sheffield S1 2SH

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

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

3. The applicant is advised that Sheffield City Council, as Highway Authority, require that drives/vehicular access points be designed to prevent loose gravel or chippings from being carried onto the footway or carriageway, and that they drain away from the footway or carriageway, to prevent damage or injury.

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.

91 Site Location

LOCATION AND PROPOSAL

The application relates to the curtilage of a two-storey detached dwellinghouse located in a Housing Area, as designated in the Sheffield Unitary Development Plan (UDP).

The street scene consists of a mix of detached and semi-detached dwellings constructed in a variety of styles, sizes and materials. Main Avenue slopes down from north/northwest to south/southeast so that the ground level of the application site is approximately 1/1.5 metres higher than 48 Main Avenue.

Outline planning permission is sought for the erection of a detached dwellinghouse within the curtilage of 44 Main Avenue. The new dwelling is to be located to the south/southeast of the existing dwelling within the large side garden. A new vehicular access is to be constructed to serve the new and existing dwelling and semi-detached garages are also proposed for both properties within the rear curtilage of the site.

Detailed design and materials for the new dwelling and garages including hardsurfacing materials are reserved matters.

RELEVANT PLANNING HISTORY

There is no relevant planning history

SUMMARY OF REPRESENTATIONS

There has been one representation regarding this application making the following comments:

- No objection in principle - Objects to the height as appears to be the same height as No. 44 which would make the new house unduly prominent and harmful to the streetscene - Roof should be reduced in height so that it is half way between the heights of No. 44 and No. 48, and in line with the gradient of the street

PLANNING ASSESSMENT

Policy

As the proposal site is located in a Housing Area and relates to a new build the development is subject to the following UDP Policies:

BE5: Building Design and Siting

‘Good design and the use of good quality materials will be expected in all new and refurbished buildings and extensions. The following principles will apply: Physical Design a) original architecture will be encouraged but new buildings should complement the scale, form and architectural style of surrounding buildings. f) designs should take full advantage of the site's natural and built features; g) the design, orientation and layout of developments should encourage the conservation of energy and other natural resources’

H10: Development in Housing Areas - preferred use Housing (C3)

H14: Conditions on Development in Housing Areas

‘In Housing Areas, new development or change of use will be permitted provided that: a) new buildings and extensions are well designed and would be in scale and character with neighbouring buildings; and c) the site would not be over-developed or deprive residents of light, privacy or security, or cause serious loss of existing garden space which would harm the character of the neighbourhood; and

93 d) it would provide safe access to the highway network and appropriate off- street parking and not endanger pedestrians’

Core Strategy Policy CS31 ‘Housing in the South-West Area’ is also relevant to the proposal and states that following:

‘In South-West Sheffield, priority will be given to safeguarding and enhancing its areas of character. The scale of new development will be largely defined by what can be accommodated at an appropriate density through infilling, windfall sites and development in district centres and other locations well served by public transport’

Principle of Development

The proposed development is for a residential dwellinghouse within a residential area and as such complies with UDP Policy H10. The streetscene can be considered a medium density area and at present the application site has a relatively small dwellinghouse located to one side of the plot with a large gap to the next dwellinghouse. Therefore, a dwelling could be constructed within the site whilst fitting in with the medium density character of the area and not causing the site to appear overdeveloped or out of character in the streetscene. Thus the development supports Core Strategy Policy CS31.

As previously mentioned there is a large gap between the dwelling currently located in the application site (No. 44) and the next dwelling along Main Avenue, No. 48. This is unusual in the streetscene which is dominated by regularly spaced dwellings of varying sizes. The garden to the side of No. 44 is sufficiently large to accommodate a single detached dwelling and the numbering along Main Avenue indicates that a dwelling may have been sited here in the past (i.e. numbered 46 Main Avenue). A privet hedge runs partially through the centre of the site along the line of the proposed boundary between the new and existing dwelling and this further indicates that the site may have previously been two housing plots. In light of this, it is not considered that a dwelling of the indicative size and in the proposed location within the site will appear incongruous or out of character in the streetscene.

The application site currently appears run-down with overgrown vegetation and a dwellinghouse in a poor state of repair. The proposal to develop the site will improve its overall appearance and infill an unusual gap in the streetscene.

Design

The indicative design shows a hipped roof dwellinghouse with a double height bay window and front gable feature. Design cues have been taken from other dwellinghouses in the streetscene, including the existing dwelling within the site. Hipped roofs dominate the streetscene and by incorporating this roof form into the design, the new dwelling will fit in with the character of the street and the rhythm of the roofscape.

94 The new dwelling has been located so that it respects the established front building line along Main Avenue and as such it will not form an overly prominent addition to the streetscene.

The larger footprint of the proposed dwelling compared to No. 44 necessitates a slightly higher overall height. The land level difference between the two dwellings will ensure that the ridgeline of the new dwelling does not project higher than No. 44 and the hipped roof form keeps the mass of the new dwelling to a minimum. It is not considered that the new dwelling will appear overly high or out of context with the stepped appearance of the streetscene.

The indicative design of the new dwelling is deemed acceptable subject to appropriate detailing and materials to be assessed in a subsequent reserved matters application.

Amenity Issues

The new dwellinghouse does not project further to the front or rear than the adjacent dwellings. There are several small windows in the side elevation of No. 48 Main Avenue that face directly onto the side elevation of the proposed dwellinghouse and this dwelling is located approximately 1/1.5 metres lower than the application site. However, these windows face north and are approximately 7.5 metres away from the new dwelling. By virtue of the orientation of the two properties and the separation distance it is not considered that the new dwelling will be unduly overbearing or significantly overshadow No. 48.

There are no windows in the side elevation of No. 44 Main Avenue that may have experienced overshadowing from the new dwelling.

The exact locations of windows on the side elevations of the new dwelling have not been shown on the indicative plans. However, the plans have been annotated to state that any side facing windows will be obscure glazed. This will ensure that the new dwelling will not impact on the privacy of the existing dwelling within the site or No. 48.

The front and rear elevations of the new dwelling and any windows on these elevations are a sufficient distance from directly facing dwellings and the site boundaries to ensure no overlooking or threat to privacy.

As detailed above, the site is of adequate dimensions to accommodate a dwelling of the proposed scale whilst leaving ample external amenity space and not appearing overdeveloped.

Trees

There are numerous small fruit trees within the application site and several large trees including a hawthorn adjacent to the highway, as well as a privet hedge running centrally through the site and along the Main Avenue frontage. The main contribution to the streetscene is made by the privet hedge along the frontage and

95 the hawthorn. The majority of other small trees are not visible from the streetscene and do not contribute to its visual amenity.

The loss of several small fruit trees to facilitate to the construction of the new dwelling is considered acceptable as they do not have wider amenity benefits. Equally the central privet hedge is proposed for removal to allow for the construction of the new garages and although it is an attractive feature when viewed from the existing dwelling and the site of the new dwelling it does not contribute to the wider area and its removal is deemed acceptable.

A section of the front privet hedge is to be removed to allow for the formation of vehicular access to the site for the new and existing dwellings. This will also involve the removal of the hawthorn. The length of the site frontage is approximately 22 metres and the new vehicle access point with visibility splays will have a total width of approximately 9 metres. Therefore, approximately 9 metres of hedge is to be removed with around 13 metres of hedge remaining.

The hawthorn is causing the original stone boundary wall to bulge which may lead to problems in the future. Therefore, the removal of this tree is deemed acceptable.

The loss of part of the privet hedge is not ideal as this hedge softens the appearance of the site. However, the creation of off-street parking for the existing and proposed dwelling will prevent vehicles from having to park on the street and on balance the benefit of this from a highway safety perspective is considered to outweigh the contribution of the hedge to the streetscene. Moreover, the majority of the hedge will remain (this will be secured by condition) and will screen much of the new dwellinghouse and will help to retain the green character of the site.

Highways

At present, the existing dwelling within the site does not have vehicular access and is only accessible to pedestrians via steps up from the highway. Through the proposed development vehicular access is to be created for the existing and proposed dwellinghouses by a central access drive that slopes up from the highway. This will also provide ramped access to both dwellings for wheel/push chair users and the ambulant disabled who would have difficulty accessing the site at present. This represents an improvement to the current situation.

The vehicle access has 2 metre visibility splays that will allow good visibility of on- coming vehicles and pedestrians. The new driveways are a sufficient width and will provide hardstanding for the parking of approximately 3 vehicles in addition to a single garage for each dwelling. This parking provision is deemed adequate to serve the existing and proposed dwelling.

The hardstanding material is to be a reserved matter. However, it has been indicated that it will be a permeable surface that will limit surface water run-off from the site.

96 SUMMARY AND RECOMMENDATION

The proposed dwellinghouse is considered acceptable in terms of the scale, form, detail and materials and therefore is satisfactory with regards to UDP Policies BE5, H10 and H14 and Core Strategy Policy CS31.

Case Number 09/01992/CHU

Application Type Planning Application for Change of Use

Proposal Use of building including ground floor public house as bed and breakfast accommodation (Use Class C1)

Location Old Crown Inn 33/33A Scotland Street Sheffield S3 7BS

Date Received 24/06/2009

Team CITY CENTRE AND EAST

Applicant/Agent Mr J Moffatt

Recommendation Grant

Subject to:

Attention is drawn to the following justifications:

IB5 - Development in General Industry Areas IB9 - Conditions on Development in Industry and Business Areas CS17 - City Centre Quarters and St Vincent's Action Plan

and to all relevant material considerations, including Supplementary Planning Guidance.

98 Site Location

LOCATION AND PROPOSAL

This application relates to the use of 33/33A Scotland Street as bed and breakfast accommodation (Use Class C1). The ground floor of the building is currently a public house and the upper floors are being used for bed and breakfast accommodation without the benefit of planning permission, having previously been utilised as a House in Multiple Occupation (HMO).

The applicant proposes 10 bedrooms across the ground (2), first (4) and second (4) floors, as well as reception and kitchen facilities on the ground floor. The site also benefits from a small rear yard area. No parking is provided.

This red brick building is three storeys in height with a pitched roof. The surrounding uses are varied and include a multi storey car park, modern residential accommodation and commercial space, including a nursery and offices.

99 The site is located in a General Industry Area as defined within the Sheffield Unitary Development Plan (UDP) and is also within the St Vincent’s Action Plan (SVAP) area.

PLANNING ASSESSMENT

Land Use

Policy IB5: Development in General Industry Areas within the UDP identifies bed and breakfast / hotels uses (C1) as acceptable within such areas.

Policy CS17: City Centre Quarters identifies the St Vincent’s Quarter, in which this application is located, as being suitable for a mix of uses.

The site is located in a Business Area within the St Vincent’s Action Plan. The SVAP identifies Business (B1) as the preferred use and also identifies bed and breakfast / hotel uses as one of several that are acceptable in such areas. The action plan requires business, as the preferred use, to make up a significant proportion of new developments. However, this element of the action plan is not intended to be overly restrictive to small scale applications such as this, which is for a change of use to support an existing local business. It is also noted that the small scale of the building would not easily lend itself to an office conversion, particularly in the current economic climate.

In light of the above the use of the building for bed and breakfast accommodation is considered to be acceptable from a land use perspective.

Noise and Disturbance

Section b) of Policy IB9: Conditions on Development in Industry and Business Areas states that change of use applications must not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions.

The industrial uses that used to be in and around this site have now been replaced by mainly office and residential uses, and traffic noise in the area is minimal. Potential disturbance from these traditional noise sources is therefore considered to be minimal.

There is an obvious concern that the applicant may choose to only retain the upper floors as bed and breakfast accommodation and not renovate the ground floor public house. This could have potentially led to noise disturbance to future guests from this ground floor use. However, the applicant had to undertake substantial works as part of the original HMO application to the upper floors to create a suitable internal environment and these works are considered ample to negate this issue.

In light of the above, the proposal gives rise to no noise concerns and is compliant with IB9 b).

100 Highways

Section f) of Policy IB9: Conditions on Development in Industry and Business Areas states that change of use applications must be adequately served by transport facilities.

Given the city centre location, the site is within easy reach of several modes of public transport and numerous facilities. The lack of on-site parking is therefore not considered to be a cause for concern and the proposal is considered to be in compliance with the relevant section of Policy IB9 f).

Living Conditions

All of the proposed bedrooms will be offered suitable outlook and light and the future residents will also be provided with a small outside yard area. The living conditions for future guests are therefore considered acceptable.

Design

No external alterations are proposed as part of this application.

Access

The building does not benefit from a level access, which is unfortunate. However, given the sloping topography and minimal width of the footway and the nature of the application, this is considered to be acceptable in this instance.

SUMMARY AND RECOMMENDATION

The use of the building for bed and breakfast accommodation is considered to be acceptable from a land use perspective, given the small scale character of the building and the fact that the change of use will support a local business.

In terms of amenity of future occupiers, the industrial uses have moved away from the area and traffic noise in this location is low. The applicant also undertook noise mitigation measures when the upper floors of the building were originally converted to a HMO. The conversion will allow suitable light and outlook and also provide some private yard space. Living conditions for future residents are therefore acceptable.

The site is in close proximity to various public transport modes and to the facilities already available in the city centre; the lack of car parking is therefore not a concern.

The application is therefore recommended for approval.

101

Case Number 09/01963/FUL

Application Type A Full Planning Application

Proposal Erection of dwellinghouse with integral garage

Location Curtilage Of Sunningdale 19 Cavendish Avenue Dore Sheffield S17 3NJ

Date Received 22/06/2009

Team SOUTH

Applicant/Agent Self Architects

Recommendation Grant Conditionally

Subject to:

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

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

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

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

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

In order to ensure an appropriate quality of development.

3 Before the use of the proposed development is commenced the proposed roof water harvesting system, including water butts to assist with landscape watering, shall have been provided, and shall thereafter be retained.

To ensure satisfactory drainage arrangements.

4 No piped discharge of surface water from the application site shall take place until surface water drainage works including off-site works have been

102 completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

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

To ensure satisfactory drainage arrangements.

6 Before the use of the development is commenced the proposed new driveway, car parking and turning facilities, shall have been provided and surfaced in permeable block paving, as indicated in the sustainability statement and shall thereafter be retained for car parking and turning purposes.

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

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

In the interests of the safety of road users.

8 The dwellings 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 traffic safety and the amenities of the locality.

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

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

10 Before work on site is commenced, full details of the access and facilities for people with disabilities, as shown on the plans, shall have been submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such access and facilities 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.

103

11 The proposed solar water heating panels, shall have been provided, as indicated on the plans, before the use of the proposed dwelling-house is commenced.

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

12 The existing means of site enclosure shall be retained, except where the wall is removed for access purposes, as indicated on the plans.

In the interests of the visual amenities of the locality.

13 Before the use of the proposed dwelling-house is commenced, the new hedge between 19 Cavendish Avenue and the new house, shall have been provided as indicated on the plans.

In the interests of the visual amenities of the locality.

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

In the interests of the visual amenities of the locality.

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

In the interests of the visual amenities of the locality.

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

104

In the interests of the visual amenities of the locality.

17 The side facing windows on the elevation of the dwelling facing No. 8 Victor Road and No. 19 Cavendish Avenue shall be glazed with obscure glass to a minimum privacy standard of Level 4 Obscurity and shall not at any time be glazed with clear glass without the prior written agreement of the Local Planning Authority.

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

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

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

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas and SPG - Designing House Extensions H15 - Design of New Housing Developments

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

1. The applicant is advised to contact the Council's Development Services, Land Drainage Group, 2-10 Carbrook Hall Road, Sheffield, S9 2DB (Telephone Sheffield 2735847) to seek approval for the proposed drainage arrangements, as soon as possible, prior to the commencement of development.

105 on (0114) 2736127 to obtain official addresses for their properties as soon as construction works commence.

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

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

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

106 Site Location

LOCATION AND PROPOSAL

The proposal, ( as amended ), involves the erection of a new dwellinghouse, in the side garden of 19 Cavendish Avenue, Dore. The house will be ( 11m wide x 8.8m deep x 9.1m high to the ridge and x 5.8m high to the eaves ), within the side garden of 19 Cavendish Avenue.

The site is 15m wide x 48m long and fronts onto Victor Road. The proposed house would offer the following accommodation ;

Ground Floor – Integral garage, lounge / conservatory, breakfast kitchen, utility room, dining room, wc, cloaks, store. First Floor – 3 bedrooms, 2 with en-suites, dressing-room, bathroom and store. Second Floor – 2 bedrooms and a store.

107 RELEVANT PLANNING HISTORY

89/03090/OUT – Erection of a dwellinghouse – Granted conditionally - 15th January 1990.

93/01822/OUT – Erection of a dwellinghouse – Granted conditionally – 10th January 1994.

SUMMARY OF REPRESENTATIONS

1 letter was received objecting to the original plans on the grounds that ;

The proposed house is too high at 3 storeys and could overshadow the garden of 9 Thornsett Gardens.

This area is spring clay and suffers from drainage problems. Good quality soakaways and permeable hardstandings should be provided.

Any security lighting should be kept at a low level to avoid light pollution.

The plans do not indicate any renewable electricity generation, surely all new developments should include this.

PLANNING ASSESSMENT

Policy Issues

The site is identified as forming part of a Housing Area within the Unitary Development Plan (UDP) where Housing is a preferred use within the terms of Policy H10 of the UDP.

Policy H14 seeks to ensure that developments in Housing Areas are of appropriate scale and character, do not impact adversely on neighbours’ amenities and provide safe access to the highway network.

Policy CS31 of the Sheffield Development Framework Core Strategy seeks to ensure that the character of south-west Sheffield is safeguarded and requires the scale of development to be at an appropriate density where infill development occurs.

DESIGN AND IMPACT

The proposed dwellinghouse will be constructed in brick, with a natural slate roof and cast stone headers, cills, stringcourse and corbels and a glazed rear conservatory. This range of materials is considered entirely appropriate to the context.

The amended plans reduce the height of the proposed dwellinghouse from 9.7m, to 9.1m and the ridgeline is now slightly lower than that of 19 Cavendish Avenue. The surrounding properties are large detached 2 or 2½ storey dwellinghouses, in a

108 mix of materials and styles and the proposed 2½ storey design, is considered to be satisfactory in this location.

The proposed rear building line will project 3m beyond that of 19 Cavendish Avenue, however, at a distance of 2.8m away from their garage, this should not have any undue impact.

The proposed house will project 1m beyond the rear building line of 8 Victor Road and at a distance of 4m away, will not adversely affect the amenities of the occupants of that property. An existing 2.5m high beech hedge to the boundary is to be retained as a screen.

The proposed house will be 47 metres away from 9 Thornsett Gardens to the rear and will be screened by boundary trees thereby avoiding any detrimental impact upon them at this distance.

LANDSCAPING

The proposals require the removal of 7 small ornamental trees in the centre of the site, ( 5 fruit trees, a small laburnum and a decayed willow ). These have been inspected and none are of sufficient quality to prevent their removal.

An existing 1.2m high stone boundary wall and 1.6m high hedge are to be retained on the site frontage and the existing boundary trees and hedges to the side and rear boundaries are to be retained for screening purposes.

A new hedge is to be planted along the new boundary between 19 Cavendish Avenue and the site.

HIGHWAYS

The existing drive, car parking and garages are to be retained for No19, with a new access, an integral garage, car parking and turning facilities, being provided for the new dwellinghouse.

The amended proposals include a 3.2m wide access, with the wall set back to allow 2m x 2m visibility splays to the entrance and there are no highway objections to the proposals.

RESPONSE TO REPRESENTATIONS

The amended plans reduce the height of the proposed dwellinghouse from 3 storeys to 2½ storeys, ( 9.1m ), which is more acceptable in the street scene and at a distance of 22 metres away, there should not be any undue overshadowing of the rear garden of 9 Thornsett Gardens.

The proposals will include roof-water recycling to water butts, for landscape watering and permeable hard-standings and soak-aways, which should all assist with minimising any flooding concern.

109 The applicants do not wish to fell the cypress tree, but it could be pruned as necessary, subject to agreement with the neighbours.

The South East orientation will encourage solar gain and the design includes good insulation and energy efficient heating and lighting. A location for ground based solar panels, has been indicated on the site frontage.

SUMMARY AND RECOMMENDATION

The proposals are recommended for approval subject to appropriate conditions.

110

Case Number 09/01953/FUL

Application Type A Full Planning Application

Proposal Use of offices as 8 apartments

Location Mandale House 28 Bailey Street Sheffield S1 4EH

Date Received 29/06/2009

Team CITY CENTRE AND EAST

Applicant/Agent England And Lyle

Recommendation GRA GC subject to Legal Agreement

Subject to:

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

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

2 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 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),

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.

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

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

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

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

4 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.

Attention is drawn to the following justifications:

IB6 - Development in Fringe Industry and Business Areas IB9 - Conditions on Development in Industry and Business Areas IB11 - Housing & Residential Institutions in Industry & Business Areas CS17 - City Centre Quarters CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction H7 - Mobility Housing H16 - Open Space in New Housing Developments

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

1. The applicant is advised that noise and vibration from demolition and construction sites can be controlled by Sheffield City Council under Section

112 60 of the Control of Pollution Act 1974. As a general rule, where residential occupiers are likely to be affected, it is expected that noisy works of demolition and construction will be carried out during normal working hours, i.e. 0800 to 1800 hours Monday to Friday, and 0800 to 1300 hours on Saturdays with no working on Sundays or Public Holidays. Further advice, including a copy of the Council's Code of Practice for Minimising Nuisance from Construction and Demolition Sites is available from the Environmental Protection Service, 2-10 Carbrook Hall Road, Sheffield, S9 2DB: Tel - 0114 2734651.

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

113 Site Location

LOCATION AND PROPOSAL

The application site is located on the eastern side of Bailey Street in a Fringe Industry and Business Area as defined in the Unitary Development Plan (UDP). The site, which lies close to the edge of the St. Georges Quarter, forms part of a recently completed development comprising of a three to six storey building forming 111 apartments with undercroft parking and approximately 7000 square feet of office accommodation, now known as Mandale House.

The rest of Bailey Street, which slopes down from Trippet Lane in the south down to Broad Lane in the north, is characterised by two and three storey industrial/warehouse premises. Some industrial uses remain along Bailey Street, including a vehicle repair garage and a small engineering works. There is also a recording studio and band rehearsal room, known as Jump Studios, situated to the north west of the application site.

114 Planning permission was granted in 2008 for the use of the ground floor of the vacant office accommodation as a restaurant/café (Use Class A3) which is presently unoccupied. Consent is now sought for use of the office accommodation above the restaurant as 8 apartments comprising 6 x 1 bedroom and 2 x 2 bedroom units at first and second floors.

RELEVANT PLANNING HISTORY

05/00858/FUL Planning permission was granted in August 2005 for the erection of 111 apartments and office accommodation in a 3 to 7 storey block.

08/03844/FUL Consent was granted in September 2008 for change of use of ground floor commercial unit (B1 use) to form a restaurant/cafe (A3 use).

SUMMARY OF REPRESENTATIONS

One representation has been submitted commenting on the proposed development. The correspondence, received from the occupier of an adjoining apartment, raises the following concerns:

- the potential loss of privacy if the new apartments have projecting balconies; - the loss of amenity if inadequate wall construction allows noise to transfers through the wall; - disturbance from noise and dust during construction.

PLANNING ASSESSMENT

Land Use Issues

The site lies in a Fringe Industry and Business Area as defined in the Unitary Development Plan (UDP). Policy IB6 of the UDP (Development in Fringe Industry and Business Areas) describes housing (use class C3) as an acceptable use subject to satisfactory living conditions. Indeed, the principle of housing in this locality has already been accepted with the granting of consent in 2005 for 111 apartments.

Policy IB9 (Conditions on Development in Industry and Business Areas) (a) requires that business and industry uses remain dominant in the area. Policy IB9(b) states that new development should not cause residents to suffer from unacceptable living conditions. Similarly, Policy IB11 (Housing and Residential Institutions in Industry and Business Areas) advised that housing will be permitted only where it would (a) not further constrain industrial or business development, and (c) not suffer from unacceptable living conditions.

The existing office accommodation has been marketed by three agents, including a large national property management company and a local agent, since May 2008. During this time there has been only one enquiry, despite incentives and reductions in the rent. The availability of the office accommodation coincided with an economic downturn which also will have affected the rental market. Nevertheless, the area remains largely commercial in character, and the proposed

115 development is considered to comply with Policy IB9 (a). The existing residential accommodation has been occupied for the last year. Conditions were imposed upon the original planning consent in order to achieve satisfactory internal noise levels and there have been no complaints of nuisance from residents of the flats. It is therefore considered that, provided the same noise control measures are implemented, the proposed apartments would comply with Policy IB11.

Policy CS17 of the Core Strategy (City Centre Quarters) requires the distinctive and fundamental roles of the City’s ‘quarters’ to be consolidated and strengthened. The St. George’s Quarter is described as a mixed area with an academic focus. The proposal is considered to be consistent with the area’s mixed character and therefore supports the aims of Policy CS17.

Sustainability Issues

Policy CS64 (Climate Change, Resources and Sustainable Design of Developments) advises that all new developments should achieve a high standard of energy efficiency and should be designed to use resources sustainably by, for example, minimising water consumption, re-using existing buildings and promoting recycling. Mandale House was completed a year ago. During this time the office accommodation has remained empty. The conversion of the office accommodation does not involve any external alterations to the building, with the exception of a small number of windows on the buildings south east facing end elevation (which are set in a minimum of 2.5 metres from the site boundary). The Sustainability Statement accompanying the application states that sanitary fitting with low water usage will be used and Mandale House already has a large bin store with a separate area for recyclable waste. The required internal partitions are to be constructed and insulated using high quality insulation materials and, while the development will not achieve Code for Sustainable Homes Level 3, as required by Policy CS64, it is not considered necessary in this instance given the relatively small scale of the changes required and the age of the existing building.

Policy CS65 (Renewable Energy and Carbon Reduction) requires significant developments to provide, where feasible, a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy and reduce the development’s overall predicted carbon dioxide emissions by 20%. This policy only relates to conversions where they require significant alterations and physical changes. It is considered that the alterations required to convert the vacant office accommodation in this recently constructed, already largely residential building, are not of a scale to justify strict compliance with Policy CS65. Nevertheless, Mandale House is situated within the city centre and is easily accessible by public transport. It already benefits from on-site recycling facilities and cycle parking and further efforts will be made to restrict energy consumption in the proposed apartments in the form of water saving sanitary fittings.

Amenity Issues

As described above, conditions were imposed upon the original planning consent in order to achieve satisfactory internal noise levels in the approved residential accommodation and there have been no complaints of nuisance from residents of

116 the flats. Moreover, conditions were also imposed upon the ground floor restaurant to control fume extraction and noise breakout and to restrict opening hours to between 0900 hours and 2330 hours. It is therefore considered that, provided the noise control measures imposed upon the original planning consent are implemented, the residents of the proposed apartments will not suffer any loss of amenity as a result of noise.

It is also considered that the layout of the proposed apartments, which will not have projecting balconies, will not harm the amenities of the occupants of the existing or adjoining residential accommodation.

Mobility Housing

Two of the 8 apartments, one at first floor level and one on the second floor, will be designed to mobility housing standards as required by Policy H7 (Mobility Housing) of the UDP and the Council’s supplementary planning guidance.

Open Space Enhancement Contribution

Policy H16 of the Unitary Development Plan requires that the developer make a financial contribution towards the provision or enhancement of public open space within the vicinity of the application site. The applicant has agreed to enter into a unilateral planning obligation and agreed to pay the Council the sum of £8,064.90 upon the commencement of development. The monies will be distributed in consultation with the relevant Community Assembly.

SUMMARY AND RECOMMENDATION

Use of the vacant office accommodation in this largely residential building as 8 apartments will have little impact upon the dominance of industry and business in the area and living conditions are considered to be satisfactory, subject to the imposition of noise control measures. Members are therefore recommended to grant planning permission subject to the proposed conditions and the completion of a legal agreement.

HEADS OF TERMS

The developer shall pay a contribution of £8064.90 to the Council towards the enhancement of open space in line with Supplementary Planning Guidance.

117

Case Number 09/01911/FUL

Application Type A Full Planning Application

Proposal Alterations & extension including the construction of 1- 2 additional floors to existing building and erection of new wing on the north west elevation with use of basement, ground floor and first floor for business (use class B1), financial and professional services (use class A2) & restaurant & cafe (use class A3) and conversion of upper floors to form 24 apartments and provision of 2 car parking spaces for disabled persons and bicycle parking spaces (In accordance with e-mail received 13/08/2009, amended plans and amended Sustainability Statement received 17/08/2009)

Location The Nichols Building Shalesmoor Sheffield S3 8UJ

Date Received 17/06/2009

Team CITY CENTRE AND EAST

Applicant/Agent Bond Bryan Architects (Fountain Precinct)

Recommendation Grant Conditionally Legal Agreement

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

3 Before the commencement of development, large scale details, including materials and finishes, at a minimum of 1:10 of the items listed below shall be approved in writing by the Local Planning Authority:

118 (a) Windows (b) Window reveals (c) Doors (d) Eaves and verges (e) External wall construction (f) Brickwork detailing (g) Balconies (h) Entrance canopies (i) Roof construction

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

In order to ensure an appropriate quality of development.

4 Details of the shop front including any roller shutters shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the retail building or within an alternative timescale to be first agreed with the Local Planning Authority. Thereafter the approved shop fronts shall be retained unless otherwise authorised in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

5 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.

6 Prior to commencement of works, details of the extent and specification of brick/stone repair and cleaning shall have been submitted to and approved in writing by the Local Planning Authority and shall thereafter be carried out in accordance with the approved details.

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

7 Repairs and new areas of infill masonry shall match the existing surrounding masonry in bonding, colour, size, shape and texture and in the colour and finished treatment of mortar joints.

In order to ensure an appropriate quality of development.

8 Before the commencement of development, details and specifications of the following items shall have been submitted to and approved in writing by the Local Planning Authority:

119

(a) Roof materials (b) Ridge (c) Valleys (d) Eaves (e) Parapets (f) Rainwater goods

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

In order to ensure an appropriate quality of development.

9 All the rainwater gutters, downpipes and external plumbing shall be of cast iron or cast aluminium construction and painted black unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

10 Chimney stacks and pots shall be retained and, where repaired, should be reinstated to their original appearance using materials to match existing unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

11 Existing windows shall be retained and repaired unless otherwise agreed in writing by the Local Planning Authority.

In order to protect the original fabric of the building and the character and appearance of the Conservation Area.

12 Before the commencement of development, the details, specifications and finish of the new windows, including elevations and sections, shall be approved in writing by the Local Planning Authority. 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.

13 All external doors shall be retained unless otherwise agreed in writing by the Local Planning Authority.

In order to protect the character of the original building.

14 The design and location of all new external light fittings shall be approved in writing by the Local Planning Authority before the development commences.

120 Thereafter the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

15 Before the development commences, 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 have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

16 Before the development commences, 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 have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

18 Before any work on site is commenced, a comprehensive and detailed soft landscape scheme for the roof terrace area of the site shall have been submitted to and approved by the local Planning Authority. The landscape works shall be implemented prior to the development being brought into use or within an alternative timescale to be first agreed in writing with the local planning authority Thereafter the landscaped areas shall be retained and they shall be cultivated and maintained for a period of 5 years from the date of implementation and any plant failures within that five year period shall be replaced unless otherwise agreed by the Local Planning Authority.

In the interests of the amenities of the locality.

19 Notwithstanding the terms of the Town and Country Planning (Use Classes) Order 1987, or any statutory instrument revoking and re-enacting that Order, no more than 250 square metres of floor area shall be used for the purposes of a café or restaurant (Use Class A3) and the remaining floor area of the basement, ground floor and first floor, as shown on the approved plan, shall be used for the purpose of office use (Use Class B1 or A2) and for no other purpose without the prior written approval of the Local Planning Authority.

121

In the interests of the amenities of the locality.

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

In the interests of biodiversity.

21 Before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided: a) a minimum of 10% of the predicted energy needs of the of the completed development being obtained from decentralised and renewable or low carbon energy; and b) The Generation of further renewable or low carbon energy or incorporation of design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy to satisfy (a)

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

22 The dwellings hereby approved shall be constructed to achieve a minimum standard of Code Level for Sustainable Homes Level 3 and before any dwelling is occupied (or within an alternative timescale to be agreed) the relevant certification, demonstrating that Code Level 3 has been achieved, shall be submitted to and approved in writing by the Local Planning Authority.

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

23 Before the development is commenced drawings shall have been submitted to and approved in writing by the Local Planning Authority detailing accommodation for delivery/service vehicles. The building shall not be used unless such accommodation for delivery/service vehicles has been provided in accordance with the approved plans and thereafter, all such areas shall be retained free of all obstructions, including the storage, display and depositing of materials, packaging or other objects so that the service vehicles may park, turn and manoeuvre.

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

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

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

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

i. been carried out; or

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

Highway Improvements:

(a) Footway adjacent and to the perimeter of the site on Shepherd Street and the Inner Relief Road (as determined necessary by the Local Planning Authority) should be reconstructed to meet Sheffield City Council’s ‘Urban Design Compendium’ secondary palette specification unless otherwise agreed in writing by the Local Planning Authority.

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

26 Prior to the improvement works indicated in the preceding condition being carried out, full details of these improvement works shall have been submitted to and approved in writing by the Local Planning Authority.

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

27 Before the development is commenced; details of the signing of the one- way system on the highway adjacent to the site shall have been submitted to and approved in writing by the Local Planning Authority. The signage shall be provided in accordance with the approved plans before the building is used.

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

28 Prior to the commencement of development, a Framework Travel Plan, designed to reduce the need for, and impact of, motor vehicles, increase site accessibility and to facilitate and encourage alternative travel modes, shall have been submitted to and approved in writing by the Local Planning Authority. The Framework Travel Plan shall include: i. Clear and unambiguous objectives, modal split targets and an indicative programme of implementation, monitoring, review and reporting; and, ii. Details of arrangements to inform future occupiers of the requirement to develop and implement detailed Travel Plans, in accordance with the approved Framework Travel Plan and the condition outlined below.

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.

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

i. Clear and unambiguous objectives and modal split targets; ii. 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 iii. 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. iv. 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.

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30 Before work on site is commenced, full details of suitable inclusive access and facilities for disabled people, both to and into the building(s) and within the curtilage of the site, shall have been submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such inclusive access and facilities have been provided in accordance with the approved plans. Thereafter such inclusive access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

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

31 The development shall not be used for the purposes hereby permitted unless the scheme of sound attenuation works described in the Noise Report dated November 2007 refV1 produced by White Young Green has been carried out as specified in the Report and such works shall thereafter be retained. Such scheme of works shall:

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

32 Before the use of the building for Food and Drink purposes (Use Class A3) is commenced a scheme of sound attenuation works shall have been installed and thereafter retained. Such a scheme of works shall

a) Be capable of restricting noise breakout from the Use Class A3 use to the street to levels not exceeding: i) the background noise levels by more than 3 dB(A) when measured as a 15 minute Laeq, ii) any octave band centre frequency by more than 3dB when measured as a 15 minute Leq, iii) Be capable of restricting noise breakout from the Class A3 use to the flats above to levels complying with the following: Bedrooms: Noise Rating Curve NR25 (2300 TO 0700 hours), Living Rooms: Noise Rating Curve NR35 (0700 to 2300 hours),

(Noise Rating Curves should be measured as a 15 minute linear Leq at the octave band centre frequencies 31.5 kHz to 8 kHz).

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

In the interests of the amenities of the locality and of the residential occupiers of the building.

33 The office accommodation hereby permitted shall not be occupied unless a scheme of sound attenuation works has been installed and thereafter retained.

Such a scheme of works shall be capable of achieving, Noise Rating Curve NR45 (Noise Rating Curves should be measured as a 15 minute linear Leq at the octave band centre frequencies 31.5kHz to 8kHz)

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

34 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.

35 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.

36 Before the use of the building for Food and Drink purposes (Use Class A3) is commenced, details of the proposed extraction system shall be submitted

126 to an approved in writing by the Local Planning Authority. Details shall include; the type of filters to be installed to remove odours and any particles or droplets, location and any sound attenuation to a fan, location of flue termination height and type of any low resistance cowl to be fitted. Thereafter, the approved details shall be implemented and retained.

To minimise the likelihood of disamenity due to odour from any proposed café or restaurant use

37 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.

38 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.

39 The opening windows/shutters shall be kept closed between 2000 hours and 0700 hours, and shall not at any time be opened otherwise without the prior written approval of the Local Planning Authority.

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

40 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.

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

Attention is drawn to the following justifications:

IB7 - Development in Business Areas IB9 - Conditions on Development in Industry and Business Areas H12 - Housing Development in the City Centre H7 -Mobility Housing H16 - Open Space in New Housing Developments BE5 - Building Design and Siting BE1 - Townscape Design

127 CS40 - Affordable Housing CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction CS74 - Design Principles CS3 - Locations for Office Development CS4 - Offices in the City Centre

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

1. 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: -

Highways Adoption Group Development Services Sheffield City Council Howden House, 1 Union Street Sheffield S1 2SH

For the attention of Mr S Turner Tel: (0114) 27 34383

2. Before the development is commenced, a dilapidation survey of the highways adjoining the site shall be jointly undertaken with the Council and the results of which agreed in writing with the Local Planning Authority. Any deterioration in the condition of the highway attributable to the construction works shall be rectified in accordance with a scheme of work to be agreed with the Local Planning Authority.

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.

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

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

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

All/any applications to discharge conditions will be accompanied by a Schedule, cross referencing the Condition to be discharged with the relevant drawing(s), specification(s), trade literature, references, samples and/or written response(s).

129 Site Location

LOCATION AND PROPOSAL

The Nichols building is a three-storey ‘L-shaped’ building which dates from 1914 and was originally built as a warehouse for storage with a linear route around the rear of the building. Currently, the majority of the building is vacant but the ground floor is occupied by ELR auctions (Use Class A2). The building fronts Shalesmoor to the north and is situated at its junction with Shepherd Street. Queens Row is to the rear of the building and there is a vacant site to the north-west.

The site is relatively flat and vehicular access is onto Shepherd Street and there are also dropped kerbs for vehicular access onto Shalesmoor.

The site falls within a Business Area as defined in the adopted Sheffield Unitary Development Plan and within the Furnace Hill Conservation Area. The site also falls within the St Vincents area of the City Centre and fronts onto the new inner ring road.

130 Full planning permission is sought for alterations to the existing building including the erection of 1 additional floor with a 2nd partial additional floor to the rear and erection of a new wing on the north west elevation (side/rear elevation) with use of the basement & ground floor for business (Use Class B1), financial and professional services (use class A2) & restaurant & cafe (use class A3) and conversion of upper floors to form 24 apartments comprising of 16 x 1-bedroom units and 8 x 2-bedroom units and provision of 2 car parking spaces for disabled persons and cycle parking spaces.

RELEVANT PLANNING HISTORY

Full planning permission was refused for alterations to the existing building including the erection of 2/3 additional floors and erection of new a wing on the north west elevation (side/rear elevation) with use of the basement & ground floor for business (Use Class B1), financial and professional services (Use Class A2) & restaurant & cafe (Use Class A3) and conversion of the upper floors to form 52 apartments and provision of 9 car parking spaces (application 08/01924/FUL refers)

The following reasons for refusal were cited:

1. The scale, height, form and materials give rise to an unsatisfactory design, which would be detrimental to the character of the existing building and would harm the character of the Furnace Hill Conservation Area, contrary to UDP policies BE5, BE15 and BE17.

2. The balance of uses within the development is inappropriate as the proportion of Class B1 Business Use is insufficient to meet the requirements of the St Vincents Action Plan and UDP policy IB7 which requires business use to be the predominant use in new developments.

3. In the absence of the required contribution to affordable housing in the proposed development, the scheme conflicts with the requirements of the Affordable Housing Interim Planning Guidance and UDP policy H4 which requires that new residential development contributes 20% affordable housing.

Applications for the installation of rooftop telecommunications equipment comprising of antennas and dishes and associated equipment was granted conditionally in 2001 and 2002 (applications 01/00928/FUL and 01/02855/FUL refers)

Use of building for classes B1 (light industrial), B2 (general industrial), A1 (retail), and A3 (food and drink) purposes was granted conditionally in 1995 (application 95/01834/FUL refers)

SUMMARY OF REPRESENTATIONS

The application was advertised by press notice, site notice and by neighbour notification letters.

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Two letters of representation have been received regarding the application commenting that the proposal involves the demolition of the flat at 6 Queens Row which the tenant wishes to reside in and therefore, the tenant objects to the application. An objection was also made on the grounds that a further café and restaurant would add to increased competition for the café opposite.

The following key consultation response has been received:

Conservation Advisory Group commented that they still felt the scheme was an overdevelopment of the site especially at the rear and the proposed blank wall would have a damaging impact on the adjoining site. The Group considered there was a risk that signage could adversely affect the frontage of the development.

PLANNING ASSESSMENT

Balance of Land Uses

The application site falls within a Business Area as defined in the adopted Sheffield Unitary Development Plan. Policy IB7 ‘Development in Business Areas’ states that business (B1) use is preferred within such areas. Policy IB7 also states that housing (C3) at upper levels in the City Centre, offices used by the public (A2) and food and drink outlets (A3) are considered acceptable in principle.

The application site lies within the St Vincent’s Quarter, which is subject to the St Vincent’s Action Plan (2004-2014) adopted in December 2004 and which represents a material consideration in the determination of this application. The application site lies within a designated ‘New Business Area’ as defined in the St Vincent’s Action Plan which states that Business (B1) is the preferred use with Housing (C3) – other than at the ground floor, offices used by the public (A2) and food and drink outlets (A3) all considered acceptable in this location.

UDP Policy IB9 (a) ‘Conditions on Development in Industry and Business Areas’ seeks to limit development that would prejudice the dominance of business and industry in this area. The Action Plan also reinforces this position and states that any new development must consist predominantly of the preferred use (B1) in order to encourage and sustain employment and new and expanding offices along the Inner Ring Road. Other acceptable uses such as other offices, food and drink outlets and residential accommodation are to be considered favourably where it is demonstrated that they are making a vital contribution to the delivery of substantial office space creating a truly mixed use area as is the vision for the St Vincent’s Area.

The Core Strategy of the Sheffield Development Framework was adopted in March 2009 and Policy CS3 on Locations for Office Development identifies the City Centre as the preferred location for office development. In addition, Core Strategy Policy CS4 on Offices in the City Centre identifies the northern Inner Relief Road as a Priority Office Area where office development should be concentrated, particularly for professional, financial and legal services (Use Class A2).

132 The plans submitted indicate commercial space on the ground floor, first floor and basement with flexible floor plates to accommodate differing users. The net floor space of the commercial use as a proportion of the total net floor space of the development is calculated at 50%. which as a percentage of the gross floor space of the building would be approximately 57%, which meets the policy requirements.

The documentation submitted with the application indicates that it is the intention for the commercial elements to form B1 office space although some flexibility is requested with the use of A2 office space to also be allowed. As a use within this class would still represent office space and would allow the existing use of the auctioneers to reside in the building as well as give flexibility for future occupiers, it is considered that this would provide a suitable complimentary use, which would offer a vibrant street edge. The inclusion of the A2 use would also be acceptable under the provisions of the recently adopted Policy CS4.

Flexibility is also requested to allow a café/restaurant A3 use within the commercial floor space. This would be limited in size to a small scale café of no more than 250 square metres, which would provide an appropriate complementary use to the office space and would cater for local needs. Whilst it is noted that this flexibility may mean the proportion of B1 space is lowered from the 50% attained; this flexibility has been afforded to surrounding developments and is considered a reasonable approach.

The St Vincents Action Plan states that office and business development especially along the line of the new Inner Relief Road (IRR) is to be encouraged to complement where industry is already strongly represented and this proposal can now help achieve this vision, creating active uses at the back edge of the footway and therefore, a vibrant street edge. The scheme can also help meet objectives put forward in the St Vincents Action Plan for the Hoyle Street Sites in which it specifically states that “these key sites/projects provide an important opportunity to establish a strong presence in the area for new business uses within a high quality development…” As such, it is considered that the increase in the amount of floor space within the building given over to commercial uses would overcome the reason for refusal previously cited and the balance of uses is considered acceptable with regard to UDP Policy IB7, IB9 (a), Policies CS 3 and CS 4 of the Core Strategy and in accordance with the spirit of the St Vincents Action Plan.

Scale, Massing and Design

The building falls within the Furnace Hill Conservation Area and this designation seeks to protect the area’s most important historic buildings and streets as the area is redeveloped. It states that for the area to have character it must retain the best of its older buildings and to ensure that proposals to redevelop or modify buildings will protect or enhance the character of the area. The conservation of the character and integrity of this area can be achieved as part of the area’s regeneration and renewal.

UDP Policy BE16 ‘Development in Conservation Areas’ is applicable and states that new buildings should preserve or enhance the character or appearance of the Conservation Area. Policy BE5 ‘Building Design and Siting’ also states that new

133 buildings should complement the scale, form and architectural style of surrounding buildings and be on a human scale wherever possible using a variety of materials and with the overall mass of buildings broken down with special architectural treatment given to corner sites to create a lively and interesting environment. Policy IB9 (c) states that buildings should be well designed with buildings and storage of a scale and nature appropriate to the site. In addition, Core Strategy Policy CS 74 outlines design principles and states that high quality development will be expected to respect, and take advantage of views and vistas to landmarks and skylines into and out of the City Centre.

The Urban Design Compendium for the City includes a plan for each quarter and details the Nichols building as significant in the St Vincents quarter, which contributes to the character of the Conservation Area. Within the St Vincents Action Plan, the building has been identified as a landmark which should be conserved/celebrated/enhanced. It is acknowledged that the scheme will retain and convert the existing building providing a future use for all floors of the building, which is currently underused and is welcomed. Much of the original internal character has been retained by virtue of the original concrete frames, which fits adequately with modern space standards.

This proposal has been significantly amended from the previously refused scheme, incorporating feedback from officers and the Urban Design Review Panel.

It is proposed for a modern additional full floor to be built over the existing building but stepped back around the front and side by 2 metres. This allows the original building to be read as a robust brick building with a well ordered composition of stonework cills, string courses, copings, arches and lintels and avoids interfering with the parapet masonry details. This has the dual benefit of creating an outdoor space for the occupiers of the third floor from the set back by using the parapet wall as a barrier with additional guarding. It also ensures that the extension is subordinate to the main building. This floor would be constructed in dark grey zinc panels with aluminium angled windows providing a modern contrast to the existing building.

A final fourth floor is proposed over the western wing at the rear of the building but is set back sufficiently in order to reduce the building height to the front. This floor would be constructed in brick to match the existing building tying the rear element to the rest of the building and appropriately breaking up the architectural treatment in line with policy.

The scale and proportion of the additional elements in relation to the existing building are much more appropriate than previously proposed as the designers have worked to a 1/5th new build to 4/5ths existing on the front elevation.

Moreover, the scale of the building with the additional floors would create a 4-5 storey building which accords with the guidelines outlined in The Urban Design Compendium and reinforced by the St. Vincents Action Plan, which comments that buildings in the order of 3 to 5 storeys are suitable along this stretch of Shalesmoor to respect the existing building heights and allow for the retention of views across the townscape. In addition, the existing telecommunications apparatus would be

134 removed, which would enhance the appearance of the building in the Conservation Area.

From the ground floor and above, the original ‘L shaped’ plan form has transformed into a ‘U shaped’ with a new western wing forming a south faced courtyard around a glazed roof. The façade of the original small house towards the corner of Shepherd Street and Queen’s Row has been retained and extended upwards.

Ground and first floor commercial spaces are accessed through an original arched vehicular entrance off Shepherd Street and this access point is to be infilled with a frameless glazed structure creating a highly visible and legible entrance on Shepherd Street. The same treatment is also proposed for the entrance off Shalesmoor which would serve the residential units.

The north-west elevation of the site has had to remain blank as it abuts the boundary of the adjacent vacant site and although discussion was held over incorporating windows/balconies on this elevation, any insertions of openings would be likely to preclude the future development of the adjacent site and is therefore considered unreasonable to allow for any openings.

As such, the design and scale of the extension, as submitted, successfully responds to the design guidance for the area which is detailed earlier in the report, preserving a building of character through the addition of modern floors above as well as an extension which is considered to be in scale and keeping with the building and which would not harm the appearance of the building in the Conservation Area. As such, the proposal is considered to comply with UDP Policies BE5, BE16 and IB9 (c) and Core Strategy Policy CS 74.

Sustainability

A sustainability statement accompanies the application and outlines a general approach in line with Policy CS63 which seeks responses to climate change and consideration of sustainable design features.

Above the third and fourth floors, a sedum green roof is indicated, which should reduce surface run-off and encourage biodiversity. Details are to be considered and secured by condition.

Adopted Core Strategy Policy CS64 states that all new buildings must be designed to function in a changing climate and to use resources sustainably. To satisfy the policy, all new developments of 5 dwellings or over (including apartments) should achieve Code for Sustainable Homes Level 3 (or equivalent). The sustainability statement has been amended to include a commitment to achieving this standard and as such; the development would satisfy the requirements of policy CS64.

Policy CS 65 states that developments of 5 or more dwellings should provide a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy and reduce overall carbon dioxide emissions by 20%. The sustainability statement accompanying the application states that

135 sustainable energy technologies will be included in order to meet this policy requirement and a condition is attached accordingly.

The applicant has also committed to minimising the use of non renewable natural resources in construction materials and to using water efficient fixtures and minimising construction waste.

Residential Amenity

UDP Policy IB9 (b) states that residents should not be made to suffer unacceptable living conditions by way of noise, air pollution or ground contamination. UDP Policy H12 (b) seeks to create new sustainable communities in the City Centre and states that housing (C3) should not ‘suffer from unacceptable living conditions, including air pollution, noise, other nuisance or risk to health and safety’.

By virtue of its position on a corner plot and the lack of surrounding residential accommodation, there would be no detrimental issues caused to the amenity of any existing residents.

In terms of the amenity for future occupiers, the apartment floors are laid out in a U shaped plan with residences of the single sided corridor overlooking the southern courtyard above the first floor allowing for acceptable light and outlook into each apartment. All other residents face outwards, which also creates acceptable living conditions.

The residential units on the second floor have the use of a soft landscaped terrace in the central courtyard (details to be tied by condition) and some of these units also benefit from individual balconies. Owing to the set back on the third floor, all apartments on this level have an outside terrace space as do the three units on the fourth floor, enhancing the living conditions for future occupiers by providing individual private amenity space.

Internal layouts have not been provided for each unit which varies in size with the smallest being 39.4 square metres in size and the largest being 82.4 square metres. A layout of a typical unit has been provided which indicates that the space standards are adequate.

A noise report accompanies the application and concludes that the ambient climate is dominated by road traffic noise from Shalesmoor and Shepherd Streets. A scheme of sound attenuation works is required including enhanced glazing specification; the implementation of such measures is to be tied by condition to ensure there would be adequate living conditions created for future occupiers.

A number of security measures relating to access to individual floors and the car parking including lighting have been suggested by South Yorkshire Police. The applicant has responded to these points to confirm their intention to address the relevant issues.

As such, it is considered that the development would satisfy the requirements of UDP Policies IB9 (b) and H12.

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Highways and Access

UDP Policy IB9 (f) states that new development should be adequately served by transport facilities and provide safe access to the highway network and appropriate off street parking. There are a number of local bus services nearby and the site can also access the tram service and the Shalesmoor tram stop approximately 160 metres away which runs along Hoyle Street. Cycle storage and motorcycle storage is available for use by both residents and businesses located in the building, with shower and changing facilities for the businesses. The applicant has also indicated a willingness to provide short stay cycle parking on-street for visitors to the building. In addition, the applicant has committed to undertaking a Travel Plan to encourage the use of alternative methods of transport to the car which should all go towards satisfying the requirements of UDP policy IB9 (f).

Moreover, with regard to parking provision, Guideline 14 of the City Centre Living Strategy advises that residential developments within the City Centre may be acceptable without car parking although it will be expected to provide parking for disabled residents/visitors and residents cycle parking. As a result, the provision of 2 disabled car parking spaces laid out to BS 8300 standards, motorcycle parking and cycle parking is considered acceptable in this location. A ramp is shown from the car park to ground level allowing access, although further details of the means of servicing the building is required by condition.

The plans have been amended to identify 6 apartments which could be constructed to mobility standards as outlined in SPG on Mobility Housing and in line with UDP policy H7 on Mobility Housing, which expects 25% of the units within a development to meet mobility standards. Further development of the internal layout is still required although the typical layout provided demonstrates that mobility standards can be achieved. This will be secured by condition.

Archaeology

The application included the submission of an archaeological desk-based assessment of the site. This states that the Nichols building is situated just outside The Crofts, an area which first saw development during the 17th century as the steel industry increased. The site would have first been occupied by tenements which were cleared in the first decade of the 20th century to allow for the construction of the Nichols building. The site is very typical for its area and a number of excavations in the vicinity have revealed the remains of tenement structures associated with industrial activity dating from the 19th century which may be the case in this instance. Tenements along Queens Row were cleared at a later time and there may be potential deposits associated with this activity although these may be unaffected by the development.

No specific further archaeological investigations have been recommended in the accompanying report. Further advice is being sought from South Yorkshire Archaeology Service and if further work is recommended, an additional condition will be appended in a supplementary report.

137 Public Art

UDP Policy BE12 on Public Art encourages the provision of public art in major developments. In this case, a contribution to public art would be required as part of a wider Public Art Strategy in the area identified by the St Vincent’s Action Plan and this has been calculated to be £3600 based on the number of units provided. The Public Art Strategy will contribute to the quality of the public realm and specifically to legibility, way marking and signage. It will help to achieve the aims of the action plan to create a distinctive and safe public realm which acknowledges the history of the area and engages the current and future residents. This will be secured by means of a Section 106 Legal Agreement.

Affordable Housing

The 2008 Affordable Housing Interim Planning Guidance and Core Strategy Policy CS40 on Affordable Housing require developments over 15 units to deliver between 30 to 40% of units as affordable housing where it is practicable and financially viable. The applicant has supplied a comprehensive development appraisal, which has been independently assessed by the District Valuer’s Office.

For developments of this type, a profit of 15% on cost is considered reasonable. However, the appraisal at August 2009 shows that the project generates a profit of 13.4% and so, the viability of the project is not at a high enough level to support the provision of affordable homes and therefore, based on this conclusion, no contribution will be requested.

Open Space

Policy H16 of the Unitary Development Plan requires that the developer make a financial contribution towards the provision or enhancement of public space within a kilometre of the site. This is calculated using the City Centre Living Strategy approved by Cabinet on 15th June 2006 which refers to open space provision for new housing developments in the City Centre.

It has been confirmed that Ponderosa and Crookes Valley Park are the priority sites for any monies received.

If planning permission is to be granted, the developer has agreed to enter into a Section 106 planning agreement to provide a financial contribution towards the improvement and enhancement of open space within the area. In accordance with the Council’s City Centre Living Strategy, the sum required has been calculated to be £24,499 (including an administration fee of 3% of the contribution). This is based on 16 x 1 bed flats/studios and 8 x 2-bed flats.

City Centre Ambassadors

The Council is seeking to extend the successful City Centre Ambassadors scheme to the St Vincent’s and Kelham Island areas of the City. To sustain this scheme, financial contributions are required from new developments and the developer has

138 also agreed to make a contribution to the Wardens Scheme based on £200 per residential unit, amounting to a total of £4,800.

RESPONSE TO REPRESENTATIONS

The applicant owns the building and as such, the plans for the future of the building in relation to the tenancy agreement for the flat on site is a private legal matter between the tenant and the landlord and cannot be considered as a planning consideration. The size of any A3 café/restaurant use within the building is limited in scale by condition and as such, should complement surrounding uses. Issues of competition cannot be considered as a planning consideration.

SUMMARY AND RECOMMENDATION

Full planning permission is sought for alterations to the existing three-storey building, which is a building of character in the Furnace Hill Conservation Area. The alterations include the erection of 1 - 2 additional floors and the erection of a new wing on the north west elevation (side/rear elevation). It is proposed that the basement, ground and first floor will be used for commercial purposes (B1, A2 and A3) and the existing 2nd floor and new third and partial fourth floor will form 24 residential apartments (16 x 1-bed and 8 x 2-bed) along with ancillary and motorcycle parking and disabled parking provision.

The balance and type of uses proposed is acceptable and complies with the adopted UDP Policies, Core Strategy Policies and the St Vincents Action Plan. The modern addition to the building is considered to be in scale and proportion with this building of character in the Conservation Area and would not have a harmful appearance on the building or the wider area, respecting the views of the skyline in accordance with UDP Policies and guidance outlined in the Urban Design Compendium. The developer has engaged with the adopted process for determining the level of contribution for affordable housing and it has been calculated that in this instance, no contribution will be sought for reasons of viability in accordance with CS Policy 40.

Therefore, the development has overcome the previous reasons for refusal and will bring an existing and valued building back into full and active use. As such, it is considered acceptable with regard to UDP Policies IB7, IB9, BE5, H7, H12, BE16 and Core Strategy Policies CS 3, 4, 64, 65, 40, 74 and in the spirit of the objectives of the St Vincent’s Action Plan and so it is recommended that planning permission be granted subject to a unilateral undertaking and the relevant conditions.

Heads of Term

The applicants have not, at the time of drafting this report submitted a section 106 agreement and therefore the scheme does not comply with UDP policy H16.

The application is considered acceptable in relation to all other matters and therefore, a dual recommendation is appropriate in this case.

139 It is recommended that the Board grant conditionally in accordance with additional information received on 17th August 2009 subject to receipt of a signed legal agreement to secure:

- A financial contribution in the sum of £24,499 towards the improvement and enhancement of open space in the area of the application site, in accordance with policy H16 of the UDP and adopted SPG City Centre Living Strategy. - A financial contribution to the Council of £4,800 to be used by the Council towards the enhancement of the City Centres Ambassadors Scheme throughout St Vincent's - A financial contribution to the Council of £3,600 to be used by the Council towards the public art strategy throughout St Vincent’s

In the event that a satisfactory S106 planning obligation covering the Heads of Term set out in the preceding paragraph is not concluded before 11th September 2009 (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

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Case Number 09/01893/REM

Application Type Approval of Reserved Matters

Proposal Erection of 30 no. apartments with retail space at ground floor level and associated car parking

Location Site Of 89 London Road Sheffield S2 4LE

Date Received 17/06/2009

Team SOUTH

Applicant/Agent DLP Planning Ltd

Recommendation Res Mats App Conditionally Subject to LA

Subject to:

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

In order to ensure an appropriate quality of development.

2 Before the commencement of development, large scale details, including materials and finishes, at a minimum of 1:20 of the items listed below shall be approved in writing by the Local Planning Authority:

i) Windows ii) Window reveals iii) Doors iv) Eaves and verges v) External wall construction vi) Balconies vii) Car park gates

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

In order to ensure an appropriate quality of development.

3 Before any work on site is commenced, a comprehensive and detailed hard and soft landscape scheme for the site shall have been submitted to and

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

In the interests of the amenities of the locality.

4 The development shall not be used unless the car parking accommodation for 11 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.

5 The development shall not be used unless all redundant access have been permanently stopped and re-instated to footway and kerb, and means of vehicular access shall be restricted solely to those points of access indicated on the approved plans.

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

6 The development shall not be begun until details have been submitted to, and approved in writing by, the Local Planning Authority of arrangements which have been entered into which will secure the reconstruction of the footways adjoining the site before the development is brought into use. The detailed materials specification shall have first been approved in writing by the Local Planning Authority.

In the interests of highway safety and the visual amenity of the locality.

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

In the interests of the safety of road users.

8 Prior to any works commencing on site full details of the following shall be submitted to and approved in writing by the Local Planning Authority and the construction shall only be progressed in accordance with the approved details:

142

i) Construction method statement ii) Site safety iii) Construction vehicle ingress and egress iv) Location of the site compound and temporary car parking arrangements for contractors v) Vehicular routes for construction traffic vi) Dropped kerbs and blister tactile paving in the footway on each side of the vehicular access.

In the interests of the safety of road users.

9 Prior to any works commencing on site details of all external lighting shall be submitted to an approved in writing by the Local Planning Authority. The approved details shall be implemented as per the approved details.

In order to ensure an appropriate quality of development.

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 been first 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.

11 No deliveries to the building or collections from the building shall be carried out between 0800 hours and 2000 hours Monday to Saturday and 1000 hours to 1600 hours Sundays and Public Holidays. No movement, sorting or removal of waste, materials or other articles shall be carried on outside the building between 0800 hours and 2200 hours Monday to Saturday and 1000 hours to 1600 hours Sundays and Public Holidays.

In the interests of the amenities of the locality and future occupiers of the development.

12 Prior to the commencement of development, full details of mobility housing provision at a scale of 1:50, relating to at least 25% of the units shall have been submitted to and approved by the Local Planning Authority. The units shall then be provided in accordance with the approved details, and shall thereafter be retained.

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

13 The shop front shall be installed prior to the first occupation of the building or within an alternative timescale to be first agreed with the Local Planning Authority. Thereafter the approved shop fronts shall be retained unless otherwise authorised in writing by the Local Planning Authority.

143

In order to ensure that the ground floor of the building is finished to an appropriate quality, in the interests of the visual amenities of the locality.

14 No more than 15% of the sales floorspace shall be used for non convenience shopping (as defined at Annex A of Planning Policy Statement 6).

In the interests of the retail vitality and viability of the District Shopping Centre.

15 Before development is commenced, full details (at a scale of 1:50) of mobility housing provision (which shall equate to a minimum of 25% of the residential units) within the development shall have been submitted to and approved by the Local Planning Authority. Such details shall thereafter be implemented prior to occupation of the units and shall thereafter be retained.

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

16 This permission shall relate to the application as amended by the plans received by the Local Planning Authority on 16th July 2009.

For the avoidance of doubt as to what is permitted and to ensure a more satisfactory development of the site.

17 Notwithstanding the submitted details, the width of the entrance door to the flats, on the Hill Street elevation, is not approved. Before development is commenced, revised details, increasing the width, shall have been submitted to and approved by the Local Planning Authority, and shall thereafter be implemented and retained.

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

Attention is drawn to the following justifications:

BE5 - Building Design and Siting BE6 - Landscape Design BE15 - Areas and Buildings of Special Architectural and Historic Interest BE16 - Development in Conservation Areas H5 - Flats, Bed-sitters and Shared Housing

and to all relevant material considerations, including Supplementary Planning Guidance.

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

144 application report by contacting the Planning Records section on 2734220 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:

You should apply for a consent to: -

Highways Adoption Group Development Services Sheffield City Council Howden House, 1 Union Street Sheffield S1 2SH

For the attention of Mr S Turner Tel: (0114) 27 34383

4. Before the development is commenced, a dilapidation survey of the highways adjoining the site shall be jointly undertaken with the Council and the results of which agreed in writing with the Local Planning Authority. Any deterioration in the condition of the highway attributable to the construction works shall be rectified in accordance with a scheme of work to be agreed with the Local Planning Authority.

145 Site Location

LOCATION AND PROPOSAL The application relates to a site that lies at the junction of London Road and Hill Street and is bordered to the east by London Road, to the north by part of the Unite development and to the east by a used metal merchants and thence the Sheldon Public House.

The site is currently occupied by a used car business which occupies the hardstanding and kiosk of a former petrol station.

The proposal will impact principally on the street scenes of London Road and Hill Street. The former is characterised, in the main, by two and three storey terraced properties but more recent developments at Unite have introduced 5-7 storey buildings into the locality with four storey structures apparent in the street scene. The 16 storey flats of Leverton Gardens also provide backdrop on a scale greater than the buildings immediately fronting London Road.

146 The street scene of Hill Street is fragmented with the three storey Public House, the two storey scrap dealership and two storey take-away on the opposite corner of the junction with Hill Street providing the only buildings of this scale before the street scene becomes dominated by large light industrial or commercial buildings before the junction with John Street.

This is an application for approval of all reserved matters (siting, design, access, landscaping and external appearance) for a four storey building with retail units at ground floor and 30 flats above (6 two bedroom units and 24 one bedroom units). The plans indicate a contemporary design with a U-shaped footprint around an inner courtyard. The building would feature a shop frontage onto London Road with supplementary frontage wrapping around the building onto Hill Street. The retail frontage would be substantially glazed with a low ‘kickboard’ style stallriser. The building would be flat roofed and constructed in composite aluminium. The principal facing material would be a clay panelling system in a terracotta colour surmounting a ground floor in a dark grey brick.

The east elevation, facing the Conservation Area would be in red brick with a central panel of grey brick rising from a ground floor plinth in the same material. Windows in both the Hill Street and London Road elevations would be separated vertically by infill panels in a grey composite panel.

Glazing frames would be in powder coated aluminium. Balustrades to balconies would be in powder coated aluminium with glass insert panels.

Off street parking for 11 cars would be provided at ground floor and accessed by a gated system to an integral garage, the entrance being located on Hill Street.

RELEVANT PLANNING HISTORY

Outline permission was granted on 20th June 2006 (05/03489/OUT) for demolition of the existing buildings and erection of ground floor retail with residential above with associated car parking.

SUMMARY OF REPRESENTATIONS

There have been no letters of objection regarding this application.

PLANNING ASSESSMENT

Land Use Policy Issues

The site for development is allocated as part of the London Road District Shopping Area in the Unitary Development Plan. Policy S7 lists A1 as the preferred use at ground floor. London Road is finely balanced in terms of retail dominance in the District Shopping Area and as such the introduction of additional retail is welcome. PPS3 encourages the re-use of previously developed land within the existing urban envelope and emphasises the importance of locating residential development in sustainable locations close to good public transport linkages and/ or within walking

147 distance of town centres. Residential use above shops is indicated as being acceptable in the Unitary Development Plan subject to criteria detailed in policy S10

Scale, Massing and Street Scene.

Policy BE5 - Building Design and Siting, requires good design and the use of good quality materials in all new and refurbished buildings and extensions. The use of original architecture is encouraged but new buildings should complement the scale, form and architectural style of surrounding buildings. Policy BE15 states that development which would harm the character and appearance of Conservation Areas will not be permitted.

Policy BE16 states that “In Conservation Areas permission will only be given for proposals which preserve or enhance the character or appearance of the Conservation Area”

These policies are considered applicable to developments that will be significantly visible from inside a Conservation Area.

Core Strategy Policy CS74 sets Design Principles, expecting high quality development.

The proposal would introduce a building rising to a height of four full storeys. The area has until recently been characterised by two and three storey buildings though the flats at Leverton Gardens and the Unite scheme at the junction of London Road and Boston Street rise to greater heights. The recently constructed Barlows office block on Broom Close is three storeys in height. Within this now, more varied context it is felt that the scale and massing of the proposal is appropriate.

The design of the proposal is contemporary in appearance. It proposes the use of a mixture of traditional facing materials that are dominant within the existing street scene and more modern materials that are nonetheless natural in origin, and should compliment the more traditional facings. The overall effect should be that of a clean crisp modern building that introduces a fresh and positive use to this long neglected prominent corner location on a busy arterial into the City Centre. Design detailing is also considered of an appropriate standard.

It is apparent that the building will sit within an area that is currently in a transitional period architecturally with significant regeneration schemes being implemented in the locality. It is felt that this proposal, whilst respectful of the more historic environment will add to the ongoing regeneration of the area.

The proposal would lie adjacent the John Street Conservation Area and would be clearly visible from vantage points on Hill Street and Denby Street. However, it is considered that the proposal would have no adverse impact on the character of the Conservation Area and in particular the historic buildings at its heart.

The proposal is therefore considered to satisfy Policies S10, BE5, BE15 and BE16.

148 Amenity of Existing Neighbours and Future Occupants

Policy H5 Flats, Bed-Sitters and Shared Housing states:

Planning permission will be granted for the creation of flats, bed-sitters and the multiple sharing of houses only if: b. living conditions would be satisfactory for occupants of the accommodation and for their immediate neighbours

Neighbouring Residential Amenity

The scheme achieves minimum separation distances between main aspect windows to other residential property or else lies opposite flats located on the opposite side of public highway negating any potential for overlooking. It is felt that any overshadowing is only likely to the north across the existing access and car parking to the Unite development and the Albion public house. The proposal would therefore satisfy H5 (b)

Amenity of Future Occupants.

Internal spaces

The flats are considered to be of adequate dimensions so as to provide acceptable amenity in terms of internal space.

Main aspect windows serving Living rooms all enjoy a reasonable outlook and kitchens are all serviced either by windows with good outlook or form part of through Living Room/kitchen spaces. All main bedrooms have outlook. Smaller flats facing London Road would enjoy in-set balconies with glazed screens.

External Amenity Space

The future occupants would all have access to a first floor courtyard garden that measures approximately 167 square metres in area equating to 5.6 square metres per flat. This is considered an acceptable amount of external amenity space in a development that lies close to City Centre though a fully detailed landscape scheme should be sought if permission is granted.

Noise and Disturbance

Whilst London Road is a busy, and therefore noisy, arterial route into the City Centre it is felt that suitable design solutions involving secondary glazing can be introduced to reduce the implications of noise on residential amenity. It should also be noted that there are many existing flats in the locality.

Conditions will be required to ensure adequate sound attenuation is installed and validated.

149 Subject to conditions the proposal is therefore considered acceptable with regard to Policy H5 (b) and H14 (e)

Site Contamination

The sites previous use was as a petrol filling station and as such there is a requirement to remove the storage tanks used for that purpose. A condition requiring risk assessments be undertaken was, however, imposed on the outline permission and need not be repeated.

Highway and Access Issues

Policy H5 Flats, Bed-Sitters and Shared Housing states that planning permission will be granted for the creation of flats, bed-sitters and the multiple sharing of houses only if there would be appropriate off-street car parking for the needs of the people living there.

The provision of 11 spaces represents an acceptable level of provision for the 30 flats particularly in view of the highly sustainable location of the development. The scheme provides two dedicated disabled parking spaces, and suitable cycle parking is shown on the approved plans.

Despite the narrow carriageway width of Hill Street adjacent the site it is not considered that he additonal trip generation and manoeuvring on and off the highway would result in an adverse affect on highway safety or the capacity of the highway network.

The access onto the highway from the ground floor garage has been amended to provide appropriate visibility splays and the proposal is now considered acceptable with regard to Policy H5 (c).

Accessibility/Mobility Housing

The applicant has confirmed that the scheme will meet mobility standards, as set out in the Council’s Supplementary Planning Guidance ‘Mobility Housing’. However, full details of how this will be achieved have not been submitted, and will be required by condition. Otherwise, subject to improvements to the width of the main entrance door to the flats, the scheme is considered satisfactory in respect of access and facilities for disabled users.

Landscape Issues.

Policy BE6 - Landscape Design states that good quality landscape design will be expected in new developments.

The development will not result in the loss of any significant green space or trees. A landscape scheme for the courtyard garden will be secured by condition. Subject to this condition it is considered that the proposal satisfies Policy BE6

150 Sustainability

This is a reserved matters application for an outline permission granted prior to the introduction of the Sheffield Development Framework Core Strategy policies CS 64 (Climate change) and CS 65 (Renewable energy).

The outline permission predates these recent initiatives and as a result this reserved matters proposal does not include the same of commitment to sustainability that would now be expected. However, the intention to create a ‘roof top garden’ may encourage bio-diversity as well as providing limited run off mitigation and amenity for the building.

A condition requiring the retention and maintenance should therefore form part of any permission.

In addition good solar gain should be achievable with the south and west facing fenestration.

Open Space

Policy H16 ‘Open Space Provision in New Housing development’ of the Unitary Development Plan requires that the developer make a financial contribution towards the provision and/or enhancement of open space. This will be the subject of a Section 106 legal agreement, which stipulates a figure of £7,879.50 towards open space enhancements in the locality.

CONCLUSIONS

It is considered that both residential and retail uses on the site are acceptable in principle and that the access as indicated is suitable. The plans indicate a building of contemporary design of a type that that should be encouraged on this highly prominent site.

The retail element of the scheme will provide additional shopping frontage and it is considered that this will be advantageous in terms of adding greater vitality and viability to the shopping area.

The site is in a highly sustainable location for housing development within easy walking distance of City Centre and close to excellent public transport links. The open space needs of residents are being met through on site provision and via S106 funding for off site improvements.

There is no substantial commitment to current sustainability aims but the site does lie in an extremely sustainable location and should encourage, by its location, more limited use of the private car.

The application is therefore recommended for conditional approval subject to the signing of a legal agreement relating to the submission of a financial contribution open space improvements.

151 HEADS OF TERMS

Prior to the commencement of development the developer will pay £7,879.50 towards the enhancement of new recreation facilities within the relevant catchment areas of the application site, in accordance with policy H16 of the adopted UDP and adopted SPG Open Space Provision in New Housing Development

152

Case Number 09/01880/FUL

Application Type A Full Planning Application

Proposal Erection of a 1 x 2-storey building to be used for retail/restaurant and cafe (Use Class A1/A3) purposes

Location Site Of Petrol Station 495-501 Ecclesall Road And 5 Bruce Road Sheffield

Date Received 16/06/2009

Team SOUTH

Applicant/Agent Studio One

Recommendation Grant Conditionally

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

3 The approved shop fronts shall be installed prior to the first occupation of the building or within an alternative timescale to be first agreed with the Local Planning Authority. Thereafter the approved shop fronts shall be retained unless otherwise authorised in writing by the Local Planning Authority.

In order to ensure that the ground floor of the building is finished to an appropriate quality, in the interests of the visual amenities of the locality.

4 Before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided:

153 a) a minimum of 10% of the predicted energy needs of the of the completed development being obtained from decentralised and renewable or low carbon energy; and b) The Generation of further renewable or low carbon energy or incorporation of design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy to satisfy (a)

5 The proposed solar water heating and solar photovoltaic panels, for on site energy generation for use in the development, shall be provided, as indicated on the plans, before the use of the premises is commenced.

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

6 The site shall be developed with separate systems of foul and surface water drainage both on and off site.

To ensure satisfactory drainage arrangements.

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

To ensure satisfactory drainage arrangements.

8 Unless otherwise approved by the Local Planning Authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to the completion of the approved foul drainage works.

To ensure no foul or surface water discharges take place before proper provision has been made for their disposal.

154 9 The proposed development shall be carried out in accordance with the Flood Risk Assessment, received 17th June 2009, such that;

a) surface water run off discharged into the local sewer network, shall not exceed run off from the undeveloped site b) the impermeable area of the site shall not be increased c) an emergency evacuation plan shall be provided for the site with safe routes provided to an appropriate safe haven, (via Rosedale Gardens to higher land North of Ecclesall Road) d) the proposed shops shall subscribe to the Environment Agency Flood Warning Service e) flood-proofing measures detailed in page 22 of the report, including electrical sockets 600mm above floor level and flood resilient flooring shall have been provided f) finished floor levels shall be no lower than 93.85m above ordnance datum

To reduce the impact of flooding upon occupants of the site and ensure safe access and egress from the site in the event of a flood.

10 Before the proposed development is commenced a Phase ll Intrusive Site Investigation Report and Proposed Remediation Strategy, shall have been submitted to and approved by the Local Planning Authority, (prepared in accordance with Environment Agency Contaminated Land Report CLR11 - 2004 and PPS3) and such details as are agreed shall have been implemented before the use of the site is commenced.

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

11 Upon completion of the decontamination measures identified in the Remediation Strategy, a Validation Report shall be submitted to and approved by the Local Planning Authority, before the use of the proposed development is commenced.

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

12 Should any further unexpected contamination be encountered during the development, details of a revised Remediation Strategy, shall be submitted to and agreed with the Local Planning Authority and such works as are agreed shall have been implemented accordingly, before the use of the site is commenced.

To protect controlled waters by ensuring that this site is remediated to an appropriate standard.

13 The attic floor shall not at any time be used as residential accommodation without the prior written consent of the Local Planning Authority.

155 In the interests of the amenities of the locality and protecting the health and safety of future occupiers of the site.

14 Before work on site is commenced, full details of the access and facilities for people with disabilities, as shown on the plans, shall have been submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such access and facilities 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.

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

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

16 The proposed openable restaurant/shop windows, shall remain closed from 2100 hours to 0900 hours each day.

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

17 Site servicing shall be carried out from Ecclesall Road, between 0800 hours and 1900 hours Mondays to Fridays and between 0800 hours and 1400 hours on Saturdays, with no servicing on Sundays or Bank Holidays.

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

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

a) been carried out; or

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

Highway Improvements:

Ecclesall Road site frontage: Traffic Regulation Order - loading/unloading only.

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

19 No external movement, sorting or removal of waste materials, skips or bins shall take place from 2100 hours until 0700 hours Mondays to Saturdays or at any time on Sundays and Bank Holidays.

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

20 The development shall not be used unless the car parking accommodation for 4 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.

21 The proposed rear car parking area shall not be used for servicing, but shall be used only by non-commercial staff and customer vehicles.

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

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

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

23 Before any external lighting is installed, full details shall have been submitted to and approved by the Local Planning Authority. Thereafter lighting shall be installed in accordance with the approved details.

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

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

157 In the interests of the safety of road users.

25 The development shall not be used unless all redundant access have been permanently stopped up and reinstated to footway and kerb, 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.

26 The development shall not be begun until details have been submitted to and approved by the Local Planning Authority of arrangements which have been entered into which will secure the reconstruction of the footways adjoining the site before the development is brought into use. The detailed materials specification shall have first been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

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

In the interests of the amenities of the locality.

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

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

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

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

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

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

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

29 There shall be no provision of external tables, chairs or smoking facilities, nor any external eating, drinking or smoking, at the premises, without the written consent of the Local Planning Authority.

158

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

30 The flues required for fume extraction from the proposed A3 units shall be routed internally and not externally.

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

31 The development 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.

32 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.

33 Any mechanical plant, such as air conditioning, fans, heat pumps, etc, shall be switched off at closing time, to reduce night-time noise.

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

34 The proposed windows on the front elevation shall be retained as windows/window displays and shall not at any time be blocked up without the prior written agreement of the Local Planning Authority.

In the interests of the visual amenities of the locality.

35 Before any work on site is commenced, measures, to protect the existing London Plane, highway tree, on the site frontage, (including foundation details, minimising root disturbance and a construction method statement), shall have been submitted to and approved by the Local Planning Authority.

In the interests of the amenities of the locality.

159 36 Before any work on site is commenced, a comprehensive and detailed hard and soft landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The landscape works shall be implemented prior to the development being brought into use or within an alternative timescale to be first agreed in writing with the Local Planning Authority. Thereafter the landscaped areas shall be retained and shall not be used for any other purpose without the prior consent of the Local Planning Authority. They shall be cultivated and maintained for a period of 5 years from the date of implementation and any plant failures within that five year period shall be replaced.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas CS63 - Responses to Climate Change CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction

and to all relevant material considerations, including Supplementary Planning Guidance.

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

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

4. 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: -

Highways Adoption Group Development Services Sheffield City Council Howden House, 1 Union Street Sheffield S1 2SH

For the attention of Mr S Turner Tel: (0114) 27 34383

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

161 Site Location

LOCATION AND PROPOSAL

The site is a former petrol station, located at the junction of Ecclesall Road, Bruce Road and Rosedale Gardens. The buildings are currently derelict and the site is not in use.

The proposal involves the demolition of the existing buildings and the erection of a 2 storey retail development on the site, to form 2 x A3 units and an A1 unit, 907m² in total, together with bin stores, level access ramps and 4 car parking spaces. The proposals would offer the following accommodation;

Ground Floor - Unit 1- 286m² (A1/A3), Unit 2 - 91m² (A1), Unit 3, (A1/A3), 211m², binstores and 4 car parking spaces. First Floor - Unit 1 - 175m² (A1/A3), Unit2 - 84m² (A1), Unit 3 - 153m² (A1/A3).

162 Whilst owing to the speculative nature of the development actual numbers of covers cannot be specified, it is anticipated that across the two Class A3 units approximately 360 covers will be provided.

RELEVANT PLANNING HISTORY

08/01814/FUL – For the erection of 2 x A1/A3 retail units, with 7 apartments over, was withdrawn on the 24th of June 2008, due to design concerns.

09/00899/FUL – For the erection of 2 x A1/A3 retail units, with 7 apartments over is not yet determined due to outstanding Flood Risk concerns specifically related to the residential element.

SUMMARY OF REPRESENTATIONS

A petition was received from residents of 30 properties on Rosedale Gardens, objecting to the proposals on the grounds that whilst the development of the site is welcome;

The proposals would be an overdevelopment of the site, (which could convert the attic floor to residential units in the future) and Rosedale Gardens is narrow road which suffers from vehicular congestion, despite the Sharrow Parking Scheme. The 4 parking spaces proposed are insufficient and could result in parking on local streets after 6.30pm, unless the operating hours of the resident’s only parking scheme can be extended. (A request for this has been submitted separately for Highways to consider). Can conditions be applied to ensure that the development is serviced from Ecclesall Road and the use of the car park is limited, to non- commercial staff and customers only.

There is an existing noise problem for residents, particularly at night, due to an excess of café and restaurant uses and conditions should be applied to restrict opening hours, minimise noise levels and ensure satisfactory fume arrestment.

A letter was received from the Right Honourable Nick Clegg, MP for Sheffield Hallam, on behalf of 2 local residents, who are concerned that the proposed A3 use, would increase traffic, car parking congestion, noise and anti-social behaviour on Ecclesall Road and Dover Road.

Letters were received from the Botanical Gate Community Association and from 10 local residents, on the grounds that;

Whilst the development of the site would be welcomed, for A1 retail units or for A2 offices, there are already sufficient restaurants and bars on Ecclesall Road and the proposals could exacerbate existing problems of late night activity, noise, traffic and disturbance, from revellers, taxis, outdoor dining, drinking and smoking, especially if they apply for late night opening.

If the application is to be approved, please ensure that the materials are in keeping with the locality, that a wide forecourt is provided and kept clear of ramps, tables

163 and chairs, alcohol consumption, etc and that the hours of use are limited to 9pm for outside drinking and 11.30pm for closing.

Please ensure that any proposed air conditioning / fume extraction units, are switched off at night and that rubbish is not collected before 7am in the morning.

PLANNING ASSESSMENT

Policy

The site is identified under the Sheffield Unitary Development Plan 1998, as being within the Ecclesall Road District Shopping Centre and retail uses, (A1), are the preferred use, under policy S7, of the Sheffield Unitary Development Plan, whilst restaurants, (A3), are acceptable uses.

61% of the shops, in The Ecclesall Road District Shopping Centre, are in A1 use and there are no policy objections to the proposals, provided that they do not cause undue noise, pollution, litter, parking congestion or late night disturbance, for local residents, under policy S10 of the Sheffield Unitary Development Plan, 1998.

The proposals will replace a petrol station and repair garage, (Sui Generis). In removing a non-conforming use and in the current economic conditions, it is considered that they will improve the vitality and viability of the shopping centre, by regenerating a long term vacant site. Conditions are proposed to limit opening hours, noise, odours, litter, etc.

Highways

The proposals will provide 2.5m footways to Bruce Road, 2m footways to Rosedale Gardens and a 5.5m frontage onto Ecclesall Road. This is in line with adjoining properties and is considered to be satisfactory.

A new access and staff/customer car parking for 4 vehicles, (including 1 disabled bay), is to be provided at the rear of the development.

It is appreciated that the proposed car parking provision is limited, however, the site is accessibly located on a main bus route, within a District Shopping Centre and there is a residents only car parking scheme available, on Rosedale Road and Bruce Road until 6.30pm each day.

Whilst it is acknowledged that the A3 units may create additional pressure for on street car parking in the evenings, when the resident’s car parking scheme is not in force, the Ecclesall Road frontage is available for parking and these units do provide some car parking. In addition, similar applications which have been refused for lack of car parking, have recently been allowed on appeal and in this context a refusal of planning permission on parking grounds would be difficult to substantiate.

164 Design

The proposals involve the erection of a traditional Victorian style design, in red brick, with art stone headers, cills, stringcourses and detailing. The sash windows and eaves and will be in dark grey painted timber, with black timber fascias and pilasters.

The proposals will be a 2 storey development, with steeply pitched, blue grey slate roofs, with gables and dormers, designed to match the adjoining buildings at 503- 509 Ecclesall Road. The ridgeline will line through with that of 503 Ecclesall Road.

The development will turn the corner and link up to the terraced housing, on Bruce Road. The ridgeline will be 0.5m higher than that of 7 Bruce Road, but this is in keeping with the generally rising pattern on this Road.

The existing 4.5m high, brick garage wall, between the site and 7 and 9 Bruce Road and 61 Rosedale Gardens, is to be retained, as requested by residents, to ensure their privacy and provide a degree of sound attenuation between them and the rear binstores of the proposed retail units.

The proposed shop fronts, fascia signage and internal layouts will be subject to separate applications by the proposed retail occupiers.

It is considered that the proposals will be satisfactory within the street-scene, enhancing the appearance of the shopping centre and conditions are proposed to ensure appropriate sound attenuation, fume extraction and hours of use. The scheme will regenerate a derelict site and enhance the appearance of the District Shopping Centre.

Sustainability

The proposed development will be constructed to BREEAM Very Good Standard as required by Core Strategy Policies CS64 and CS65. It will provide solar slates for the generation of photovoltaic power on the South facing rear roof and will provide solar water heating panels on the South West facing rear gable roof. The development will have high standards of insulation and will use energy efficient lights, heating and appliances.

The applicant has also confirmed acceptance of the requirements within the above policies to provide 10% renewable energy, and improve upon Building Regulations Carbon Emissions rates by 20%. Access

The proposed retail units would have slightly raised floor-plates to avoid flood risk and would be approached by a ramped access, from Ecclesall Road.

The entrance doorways and large glazed areas are to be highlighted for the visually impaired. Disabled wc’s are to be provided within each shop unit and platform lifts are to be provided, to give access to the mezzanine levels.

165 Landscaping

There is a large London plane in the footway on the corner of Ecclesall Road, and Rosedale Gardens, which is to be retained.

Drainage and Flood Risk

The site is located within a zone 3 flood zone, but has no history of flooding. Lambert Smith Hampton submitted sequential test details, under PPS25, which satisfactorily demonstrated that no other comparable sites are reasonably available at present. The apartments included in the former applications, were removed from the current scheme because of their sensitivity in this respect. Restaurants are far more acceptable uses in flood risk areas, than residential uses.

Yorkshire Water and the Environment Agency have no objections to the proposals, provided that the flood mitigation measures, proposed in the Flood Risk Assessment are provided, ( limiting surface water run off, to no more than the current rate, subscription to the Environment Agency’s Flood Warning Service and the provision of a flood evacuation route ).

RESPONSE TO REPRESENTATIONS

The proposed development will secure the redevelopment of a long term vacant site, which was formerly occupied by a non-conforming use, (a petrol station and repair garage - Sui Generis), with all it’s associated noise and nuisance for residents, with a new development of 3 retail units, securing the regeneration of the site and improving the vitality and viability of the Ecclesall Road District Shopping Centre.

The applicant has stated that pre-lets are available for the proposed A3 units, as up market restaurants, but no interest has been shown by potential A1 users. If the A3 units were not permitted, funding would not be made available in the current economic climate and the site would remain derelict.

Conditions are proposed, to restrict opening hours, delivery hours and waste collection hours and to, minimise noise levels, ensure satisfactory fume arrestment, ensure servicing from Ecclesall Road, ensure that the attic is not converted to residential use, to ensure that there is no forecourt tables or chairs or drinking or smoking and to limit the 4 space car park on Rosedale Road, to non-commercial, staff and customer vehicles only, all as requested.

SUMMARY AND RECOMMENDATION

The proposed development will demolish a petrol filling station and repair garage, (Sui Generis), which has been derelict for many years and will erect an A1 retail unit and 2 A3 units, together with binstores and 4 parking spaces.

The site is located within a District Shopping Centre on a main bus route and there is a resident’s only car parking scheme available until 6.30pm. The scheme provides limited car parking and will increase pressure for on street car parking. It

166 is however in a sustainable location and recent appeal decisions have not supported refusal of permission on such grounds.

61% of the retail units in the Ecclesall Road District Shopping Centre, are in A1 use, which is an appropriate balance of uses and there are no policy objections to the proposed development, which will regenerate a long term derelict site, improving the vitality and viability of the shopping centre.

The proposed development is to be constructed in a traditional Victorian design, similar to the adjoining shops and the proposals are considered to be satisfactory in the street-scene.

The proposals are recommended for approval, subject to appropriate conditions, which should secure the amenity of neighbouring residents.

167

Case Number 09/01837/LBC

Application Type Listed Building Consent Application

Proposal Partial demolition, alterations and 3-storey extension to building for educational use with associated landscaping

Location University Of Sheffield (Formerly Jessops Hospital For Women) Leavy Greave Road Sheffield S3 7RE

Date Received 15/06/2009

Team CITY CENTRE AND EAST

Applicant/Agent RMJM (London) Ltd

Recommendation Grant Conditionally

Subject to:

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

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

In order to ensure an appropriate quality of development.

4 Prior to commencement of works, details of the extent and specification of brick/stone repair and cleaning shall have been submitted to and approved in writing by the Local Planning Authority and shall thereafter be carried out in accordance with the approved details.

168

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

5 Repairs and new areas of infill masonry shall match the existing surrounding masonry in bonding, colour, size, shape and texture and in the colour and finished treatment of mortar joints.

In order to ensure an appropriate quality of development.

6 Details of the extent and specification of roof repair 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 an appropriate quality of development.

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

(a) Existing and proposed windows (b) External doors (c) Internal joinery (d) Skirting and architraves (e) Cladding system (f) Dormer windows

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

In order to ensure an appropriate quality of development.

8 Details and specifications of the following items shall be submitted to and approved in writing by the Local Planning Authority before the commencement of development:

(a) Hand rails (b) Ballustrades (c) Ramps (d) Stairs (e) Copings (f) Lighting columns (g) Rainwater goods

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

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

169

CF7 - Development in Institution: Education Areas BE15 - Areas and Buildings of Special Architectural and Historic Interest BE19 - Development affecting Listed Buildings CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction

and to all relevant material considerations, including Supplementary Planning Guidance.

170 Site Location

FOR REPORT SEE 09/01836/FUL

171

Case Number 09/01836/FUL

Application Type A Full Planning Application

Proposal Partial demolition, alterations and 3-storey extension to building for educational use with associated landscaping (amended as per email received 18/8/2009)

Location University Of Sheffield (Formerly Jessops Hospital For Women) Leavy Greave Road Sheffield S3 7RE

Date Received 15/06/2009

Team CITY CENTRE AND EAST

Applicant/Agent RMJM (London) Ltd

Recommendation Grant Conditionally

Subject to:

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

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

In order to ensure an appropriate quality of development.

4 Prior to commencement of works, details of the extent and specification of brick/stone repair and cleaning shall have been submitted to and approved

172 in writing by the Local Planning Authority 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

5 Repairs and new areas of infill masonry shall match the existing surrounding masonry in bonding, colour, size, shape and texture and in the colour and finished treatment of mortar joints.

In order to ensure an appropriate quality of development.

(a) Existing and proposed windows (b) External doors (c) Internal joinery (d) Skirting and architraves (e) Cladding system (f) Dormer windows

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

In order to ensure an appropriate quality of development.

8 Details and specifications of the following items shall be submitted to and approved in writing by the Local Planning Authority before the commencement of development:

(a) Hand rails (b) Ballustrades (c) Ramps (d) Stairs (e) Copings (f) Lighting columns (g) Rainwater goods

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

In order to ensure an appropriate quality of development.

173

9 Before the commencement of development. details of the siting of the service entrance to Brook Hill shall be submitted to and approved in writing by the Local Planning Authority.

In the interests of the safety of road users.

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

In the interests of the amenities of the locality.

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

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

12 The development shall not be begun until details have been submitted to and approved by the Local Planning Authority of arrangements which have been entered into which will secure the reconstruction of the footways adjoining the site before the development is brought into use. The detailed materials specification shall have first been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

174 and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

1. The applicant is advised that, if bats are discovered during the follow up activity survey, a development licence application to Natural England will be required prior to any further renovation works.

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

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

175 Site Location

LOCATION AND PROPOSAL

The site of the former Jessop Hospital for Women is located between Brook Hill and Leavygreave Road, close to Brook Hill roundabout. The hospital closed when the new Jessop wing opened adjacent to the Hallamshire Hospital, and the University of Sheffield acquired the site in 2001. Shortly after, the Laundry and Physiotherapy School Building, the 1940s St. Georges Wing and the T-shaped block connecting the Victorian and Edwardian wings were demolished.

The hospital’s earliest building, the Grade II listed Victorian Wing was designed by J D Webster in a late gothic style and was recently restored for use by the Department of Music while a new faculty building, known as Jessop West, and a laboratory and office block called the Bio-Incubator Unit, have been built on the site of the Laundry and Physiotherapy School Building at the western end of the Hospital site.

176 The grade II listed Edwardian Wing was built in 1902, again by J D Webster. Planning permission and listed building consent are now sought for the refurbishment of and an extension to the Edwardian Wing for use as high quality, flexible learning and teaching spaces, or ‘Learning Hub’.

RELEVANT PLANNING HISTORY

03/04663/FUL In December 2003, planning permission was granted for the erection of five storey laboratory and office block.

06/02382/FUL & Consent was granted in November 2006 for the partial 06/02383/LBC demolition of and extensions to the Victorian Wing for educational use with associated landscaping.

06/02383/LBC & Also in November 2006, listed building consent was 06/02577/LBC granted for the demolition of the St George's wing, 'T' shaped block to the Victorian Wing and other 20th Century infil buildings and additions the former Jessop Hospital.

06/02523/FUL Planning permission was granted for the erection of a new faculty building for the Schools of English and Law and for the Department of History (Jessop West), again in November 2006.

06/04879/FUL & In September 2007, planning permission and listed building consent were granted for the provision of an access ramp and steps to the Leavygreave Road entrance of the Victorian Wing.

SUMMARY OF REPRESENTATIONS

One letter of representation was received following neighbour notification, the display of site notices and advertisements in the Telegraph. The letter, from a occupant of St.George’s Court, residential accommodation located on the northern side of Brook Hill, welcomed the refurbishment of the Edwardian Wing, but raised concerns about the potential impact of the development on car parking in the area. In particular, the potential to increase on-street parking around St. George’s Court and further afield in Netherthorpe.

The Conservation Advisory Group assessed the proposals at their meeting on 21st July 2009. The Group felt that the proposal could be acceptable provided that the ramp of the new building was constructed of brick, the zinc plant room was constructed or at least faced in stone, with a pitched slate roof and consideration was given to the use of stone instead of concrete for the stepped part of the landscaped area and consideration being given to the use of the chimney, proposed to be demolished, as an outlet for pipework within the plant room. Detailed design comments are discussed below.

English Heritage did not offer any comments on the proposed development.

177 PLANNING ASSESSMENT

Use Issues

The application site lies within a designated Education Area as defined in the Unitary Development Plan (UDP). Policy CF7 of the UDP (Development in Institution: Education Areas) describes education buildings and other community facilities (use class D1) as preferred uses in such areas. As such, the use of the Edwardian Wing as a flexible teaching and learning space by the University of Sheffield is considered to be an appropriate use.

Design Issues and Impact on Character and Appearance on Listed Building

The Edwardian Wing was built in 1902. Along with the earlier Victorian Wing, they are considered to be the most prominent work of notable regional architect, John Dodsley Webster. An historical report commissioned by the University of Sheffield suggests that the Edwardian extension was undertaken at the specific initiative of the medical staff who, by 1898, were finding it increasingly difficult to carry out their work in the now inadequate (Victorian) hospital building. The report also reveals that the Edwardian Wing is in fact two buildings, a ward block and outpatients building, with separate ground floor entrances, and that it was built in this way to minimise the spread of infection.

The approach taken in developing the Edwardian Wing is one of minimal intervention to the historic fabric. Where the demolition of later additions has left small areas of dilapidation, the building will be restored, while internal re-ordering has been kept to a minimum, largely involving the removal of non-load bearing walls. The hospital’s simple, utilitarian interior has few features of interest and the historical report indicates that it is likely to have been modified given the continuously changing nature of hospital requirements. Where features exist, for example curved walls (wainscoting), designed for ease of cleaning, and large ward windows, traditionally used in hospitals to maximise natural ventilation, they will be preserved. This approach is considered to comply with Policy BE19 (Development Affecting Listed Buildings), which states that proposals for internal or external alterations which would affect the special interest of a listed building will be expected to preserve the character and appearance of the building and, where appropriate, to preserve or repair original details and features of interest. Policy BE19 also advises that proposals for change of use will also be expected to preserve the character of the building. Given that the approach in this instance is one of minimal intervention, the character of the building will be preserved. Indeed, it is considered that the building’s utilitarian interior lends itself particularly well to the proposed educational use.

Policy BE15 of the UDP (Areas and Buildings of Special Architectural or Historic Interest) requires buildings of special architectural or historic interest, which are an important part of Sheffield’s heritage, to be preserved or enhanced. The proposed development will bring back into use a building which has played a key part in Sheffield’s history, but which has fallen into a poor state of repair in recent years.

178 Where the demolition of the T-shaped block renders the Edwardian Wing’s second staircase obsolete and leaves a huge scar at its former abutment, a different, more radical approach has been adopted. In this location a new, contemporary, three storey extension, which includes a ramp clad in natural stone, wraps around the southern end of the existing building. The simple form of the extension respects the scale and proportions of the original building, yet contrasts with the detail and solidity of the historic façade. The elegant stone and zinc finish of the extension stands out against the red brick and ashlar dressings of the original hospital buildings, relating more closely in style to its contemporary neighbours. This is considered to have a unifying effect, bringing together the stand alone buildings within the newly created central university campus. The development is considered to comply with the aims of Policy BE5 of the UDP (Building Design and Siting), which states that original architecture will be encouraged, but that new buildings and extensions should complement the scale, form and architectural style of surrounding buildings and Policy CS74 of the Core Strategy (Design Principles) which advises that high quality development will be expected.

Sustainability Issues

Sustainable design is the basis of policies CS64 and CS65 of the recently adopted Core Strategy. Policy CS64 (Climate Change, Resources and Sustainable Design of Developments) advises that all new developments should to achieve a high standard of energy efficiency and that all new buildings and conversions of existing buildings must be designed to use resources sustainably by, for example, minimising water consumption, using sustainable materials wherever possible and promoting recycling. As the development involves the conversion and extension of a listed building, it is not required to achieve a BREEAM rating of Very Good. However, the scheme has been developed using the BREEAM guidance. Furthermore, the University have prepared a Site Waste Management Plan which seeks to limit the quantity of waste sent to landfill, maximise the re-use of materials already on-site and specify materials with a high recycled content. They also have several corporate recycling schemes for paper and card, electrical equipment, batteries, toners, fluorescent tubes and large metal and glass items. Rainwater harvesting was discounted due to the low water consumption in a teaching and learning facility, however the Sustainability Statement accompanying the application states that sanitary fittings with low water usage will be used and that materials with a high recycled content and a high degree of recyclability at deconstruction will be specified.

Policy CS65 (Renewable Energy and Carbon Reduction) requires significant developments (of more than 500 square metres) to provide, where feasible, a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy and reduce the development’s overall predicted carbon dioxide emissions by 20%. Again, there are limitations to working with a listed building, and certain energy efficiency strategies had to be discounted. For example, internal lining of the existing walls to provide additional insulation was considered to be unacceptable as it could impact on the breathability of the historic fabric as well as cover up some of the building’s few historic features. However, the Edwardian Wing conversion will connect to the City’s District Heating network, thus eliminating the need for a gas mains supply and complying with the

179 requirement to provide 10% of energy needs from decentralised and renewable or low carbon energy.

Access Issues

All entrances to the converted Edwardian Wing are fully accessible with new ramps proposed adjacent the south and west facing elevations. New accessible lifts serve all floors and there are also wheelchair accessible toilets at each level.

Highway Issues

There is no on-site parking provision within this development, although people with disabilities will be able to use the five accessible parking bays provided adjacent the neighbouring Victorian Wing for the Jessop Campus. The Learning Hub is designed as a space in which students will be able to access central learning facilities and teaching support. As it will be occupied by existing University staff, it is considered unlikely to result in additional on-street parking, particularly as the University actively encourages the use of public transport and the site is ideally situated adjacent bus and Supertram routes. It is also within walking distance of the city’s bus and railway stations.

Vehicular access for off street servicing is proposed from Brook Hill. The proposals, as submitted, raise concerns as the vehicular crossing is located immediately adjacent to the site of a relocated bus stop. A condition is therefore proposed requiring further details of the siting of the service entrance to be submitted and approved prior to the commencement of development.

Landscape Proposals

The proposed landscape scheme continues the ‘carpet’ concept which was established at Jessop West and the Victorian Wing. The public realm will be treated with a combination of dark grey granite slabs with concrete trims, which will be rolled across the entire city block. A newly formed courtyard between the Edwardian and Victorian Wings will provide a focal point for the Central Campus and a sunken lawn with integral seating will form an external event space. Trees to the north of the sunken lawn will provide some protection from traffic noise on Brook Hill and, along with the lawn, will soften the otherwise hard environment. The simplicity of the landscape scheme is considered to sit comfortably against its neighbouring buildings and again serves to unify the Central Campus.

Ecology Issues

An initial Assessment for Bat Habitat Potential carried out on 28 November 2008 stated that no sign of past or present occupation by bats was discovered, but that the assessment was undertaken during the winter when fewer signs of bat occupation are expected. The assessment recommended that a further summer roosting survey be undertaken, given that the potential for summer roosting in the building was considered to be high.

180 A further activity survey was carried out between 19th and 21st May 2009. Though no signs of roosting bats were identified during the activity survey, small numbers of common pipistrelle bats were identified in the vicinity of the Edwardian Wing. The report recommends that a follow up survey be undertaken to establish whether the building is being used as a roost. Members will be informed of the results of the follow up activity survey, due to be undertaken in the next couple of weeks, in the form of a supplementary report. If bats are discovered, a development licence application to Natural England will be required prior to any further renovation works.

SUMMARY AND RECOMMENDATION

The restoration of the Grade II listed Edwardian Wing for use as a ‘Learning Hub’ will bring back into use a significant Sheffield landmark which has fallen into a very poor state of repair. It is considered that the sensitive repair and restoration of the original fabric of the building, and the honest expression of new modern interventions, will preserve and enhance the special interest of the building whilst creating another exciting addition to the University’s Central Campus.

Members are therefore recommended to grant planning permission and listed building consent subject to the proposed conditions.

181

Case Number 09/01793/FUL

Application Type A Full Planning Application

Proposal Erection of detached dwellinghouse at rear of plot (in substitute for dwellinghouse at front of plot approved in application ref. 08/03238/FUL)

Location 20 Low Edges Chesterfield Road South Sheffield S8 8LW

Date Received 09/06/2009

Team SOUTH

Applicant/Agent Town Planning Appeal Consultants Ltd

Recommendation Grant Conditionally Legal Agreement

Subject to:

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

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

In order to ensure an appropriate quality of development.

3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, Part 1 (Classes A to E inclusive), Part 2 (Class A), or any Order revoking or re-enacting that Order, no extensions, porches, garages, ancillary curtilage buildings, swimming pools, enclosures, fences, walls or alterations which materially affect the external appearance of the dwellinghouse shall be constructed without prior planning permission being obtained from the Local Planning Authority.

In the interests of the amenities of occupiers of adjoining property, bearing in mind the restricted size of the curtilage.

182 4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (and any order revoking and re- enacting the order) no windows or other openings shall be formed in the north and east facing elevations of the dwellinghouse hereby permitted without the prior written consent of the Local Planning Authority.

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

5 The landing and bathroom windows at first and second floor level on the elevation of the dwellinghouse facing east and north shall be glazed with obscure glass to a minimum privacy standard of Level 4 Obscurity and shall not at any time be glazed with clear glass without the prior written agreement of the Local Planning Authority.

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

6 The dwellinghouse shall not be used unless the car parking accommodation for two 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.

7 The dwellinghouse shall not be used unless turning space for vehicles has been provided within the site in accordance with details to be submitted to and approved in writing by the Local Planning Authority and thereafter such turning space shall be retained.

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

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

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

9 Before any work on site is commenced, measures to minimise the impact upon badgers shall have been submitted to and approved by the Local Planning Authority. The mitigation measures shall be as per those given within paragraphs 5.1 and 5.2 of the Baker Shepherd Gillespie Badger Survey Report (August 2008) submitted in relation to planning application reference 08/03142/FUL.

In the interests of the ecology value of the site.

10 The approved landscape works shall be implemented prior to the use of the development commencing or within an alternative timescale to be first agreed with the Local Planning Authority. Thereafter the landscaped areas

183 shall be retained and shall not be used for any other purpose without the prior consent of the Local Planning Authority. They shall be cultivated and maintained for a period of 5 years from the date of implementation and any plant failures within that five year period shall be replaced.

In the interests of the amenities of the locality.

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

In the interests of the amenities of the locality.

12 The Local Planning Authority shall be notified when the landscape works are completed.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

BE5 - Building Design and Siting GE15 - Trees and Woodland H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas H15 - Design of New Housing Developments

and to all relevant material considerations, including Supplementary Planning Guidance.

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.

184

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

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

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

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

4. The applicant is advised that Sheffield City Council, as Highway Authority, require that drives/vehicular access points be designed to prevent loose gravel or chippings from being carried onto the footway or carriageway, and that they drain away from the footway or carriageway, to prevent damage or injury.

185 6. The applicant should be aware that a legal agreement has been completed in respect of this proposal.

7. The applicant is advised that the Local Planning Authority has reason to believe that the application site may contain species and/or habitats protected by law. Separate controls therefore apply, regardless of this planning approval. Please contact Julie Westfold Telephone Number 0114 2734481 for more information in this respect.

Site Location

LOCATION AND PROPOSAL

The site is located to within a Housing Area, under the provisions of the Unitary Development Plan. The existing houses fronting onto Chesterfield Road South are semi-detached properties. There is an area of open space to the south of the site, and to the west and south-west there are residential dwellings.

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The application seeks consent for a detached dwellinghouse within land at the rear of the host dwelling at No.20 Lowedges, Chesterfield Road South. Vehicular and pedestrian access would be taken directly from Chesterfield Road South, and would run alongside the existing dwelling at the address.

The proposed house would be two storey, with four bedrooms, including rooms within the roof space.

Submitted with the planning application is a section 106 legal agreement, committing to taking no action to implement the planning permission granted under 08/03238/FUL, which relates to development of land adjacent to the host dwelling.

RELEVANT PLANNING HISTORY

07/01219/FUL - Erection of dwelling house, Resolution to Refuse, following appeal against non-determination.

Reasons for resolution to refuse were as follows:

1. The Local Planning Authority consider that the proposal would result in development that would be both cramped within its curtilage and poorly related to both the existing house and the grain of development in the locality. It is considered that the proposal would be out of character within the area, would have a harmful impact upon the character of the area and would fail to provide its potential future occupants with a reasonable private, external amenity area. As such the proposed dwellinghouse would be contrary to Policy BE5 (a), H14 (a) and H15 (c) of the Unitary Development Plan.

2. The Local Planning Authority consider that the proposed development would by virtue of the cramped form of development lead to overlooking which would lead to a loss of privacy to neighbouring occupiers and a loss of direct sunlight, this would be detrimental to the amenities of occupants of neighbouring dwellings. As such the proposal would be contrary to Policy H14 (c) of the Unitary Development Plan.

3. The Local Planning Authority consider that the proposal would by virtue of the siting of the access, introduce an increased level of vehicular and pedestrian activity in close proximity to the existing dwelling. This would result in potential for noise and disturbance, would introduce a penetration of the public domain and as such would be detrimental to the amenity of present/future occupants of No 20 Low Edges and would therefore be contrary to Policy H14 of the Unitary Development Plan.

4. The applicant has failed to demonstrate that the proposal will not have a detrimental impact on ecology value of the site and the immediate vicinity. As such the development is deemed contrary to Planning Policy Statement 9 (Biodiversity and Geological Conservation) and Policy GE10 and GE11 of the Unitary Development Plan.

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Dismissed at Appeal - 20 March 2008.

The appeal was dismissed. In considering the scheme the Inspector concluded that the development would not damage the character or appearance of the area, the proposed garden size was considered to be adequate for future occupants and the scheme was thought to avoid having a significant adverse impact on ecological value. However, the proposal was considered to have a harmful impact upon the living conditions of occupiers of the host dwelling at 20 Chesterfield Road South; due to overlooking and loss of privacy and impacts of noise and disturbance arising from use of the access driveway by vehicles and people.

08/03238/FUL - Granted consent, in October 2008, for a four bedroom detached dwellinghouse, located alongside No.20 Chesterfield Road South rather than to the rear.

As part of the same Board meeting an application (under ref. 08/03142/FUL) was refused due to an increased level of vehicular and pedestrian activity in close proximity to the existing dwelling. Despite the presence of the acoustic fence it was considered that this would allow penetration of the public domain to occupants of the host dwelling. Overall, it was considered that the proposal would be contrary to UDP Policy H14.

An appeal was submitted in response to this refusal which was dismissed. The Inspector concluded that the development subject to the appeal could have been constructed in advance of consent 08/03238/FUL. If both dwellings were constructed at the site it was considered that there would be a poor interrelationship between them in terms of privacy and visual impact as well as in regards to likely noise and disturbance. Consequently, the Inspector concluded that acceptable living conditions would not be achieved for occupiers of both dwellings. Additionally, the Inspector concluded that the scheme was unacceptable due to inadequate evidence in relation to the presence of badgers on the site / at the site boundary.

In regards to the issue of noise and disturbance, which was the reason for refusal of the application, the Inspector concluded that the noise disturbance arising from the development would be likely to be negligible when compared to current noise levels at the site. In regards to sudden short impulsive noises such as car doors shutting, it was considered that the acoustic screen would prevent noise impact to the ground floor windows. Noise experienced in the upper floor rooms was shown to not be excessive at night-time, allowing them to provide a reasonable amenity.

The noise impacts affecting the garden area to No.20 were shown to be well below the relevant guidelines. As such there were concerns relating to neighbours’ enjoyment of their garden space.

Impacts arising from activity on the driveway in terms of lessening the sense of privacy enjoyed by the occupants of the host dwelling, were considered to not lead

188 to a loss of privacy which would be harmful to normal living conditions in this locality.

The Inspector stated that the occupier of No.21 Lowedges would not experience an unacceptable level of noise and disturbance, due to the separation distance between its windows and the proposed driveway and the associated parking/turning area as well as background traffic noise levels.

Overall there was no concern that noise levels would be unacceptably high. Therefore, the Inspector concluded that with the erection of an acoustic fence the scheme would not have harmful impacts on the living conditions of the host dwelling or No.21 Lowedges due to noise and intrusion implications. Therefore, the scheme was scheme was considered to no conflict with UDP policy H14.

In addition the Inspector states that given the angles, distances involved and the dwelling design adequate levels of privacy would be maintained for neighbouring properties despite concerns raised by neighbouring occupiers.

The Inspector also concluded that the proposal included adequate parking / turning for the size of the dwelling, and that it is not the responsibility of developers to resolve inadequacies in parking provision which may occur elsewhere.

Therefore, the Inspector dealing with the Appeal against refusal of planning application 08/03142/FUL concluded that the scheme was acceptable in all aspects with the exception of the two issues; the potential to implement 08/03238/FUL and the appeal application and inadequate evidence in relation to the presence of badgers on the site / at the site boundary.

SUMMARY OF REPRESENTATIONS

Following neighbour notification a total of 6 written representations have been received. Additionally, 1 joint letter was submitted with signatures from 6 addresses, copies of 7 previously submitted representations and 2 representations previously sent to the Planning Inspectorate. The comments made are as follows:

Material Planning Considerations

- Dangerous exit and entrance from concealed driveway onto busy dual carriageway. - Noise impacts on No.20 despite acoustic fence. - Lack of privacy to neighbours - Loss of light - Out of character in area and other houses - Nothing changed since refusal of previous application. - Impact on wildlife including badger sett - Impacts on health - Trees removed and demolition of outbuilding - Parking implications

189 Non-Material Planning Considerations

- Developer was told at Board to not re-apply for a house in the rear on No.20, when consent was granted for a house at the side. - Numerous previous refusals and appeal dismissal - Application motivated by profit - Process has caused ill-feeling

PLANNING ASSESSMENT

The site lies within a Housing Area as defined in the adopted Unitary Development Plan (UDP).

The UDP policies most relevant to this proposal are: BE5 - Building Design and Siting GE11 – Nature Conservation and Development GE15 – Trees and Woodlands H10 – Development in Housing Areas H14 – Conditions on Development in Housing Areas H15 - Design of New Housing Developments

There are no specific policies contained within the Sheffield Development Framework Core Strategy Document that directly relate to this application.

As stated above the Inspector dealing with the most recent Appeal concluded that the scheme was acceptable in all respects with the exception of the potential to implement 08/03238/FUL and the appeal application and inadequate evidence in relation to the presence of badgers on the site / at the site boundary.

With these issues in mind a legal agreement has been submitted including a commitment to take no action to implement the planning permission granted under 08/03238/FUL. In addition a letter from the Ecological Consultants supplementing the previous Survey document has been submitted with the application.

Principle

Housing (Class C3) is the preferred use in the Housing Area, and as such it is considered that the principle of the development would therefore be acceptable.

The legal agreement submitted with the application is considered to be sufficient to ensure no action will be taken to implement the consent granted under reference 08/03238/FUL. Any consent granted in this instance will be subject to this legal agreement. This will address the concern of the Appeal Inspector that dwellings could be erected at the front of the site, and at the rear portion of the site.

Scale and Character

The proposed dwelling would be situated at the rear of No.20 Chesterfield Road South. The presence of open land to the south means that the dwelling would be clearly visible from this direction. However, the pattern of existing development

190 and the openness means that the proposal would not detract from the overall sense of space or the character of built form in the area.

The proposed house is identical to that subject to the latest appeal, which was considered by Board at that stage to be acceptable in terms of it scale and character in the locality. There have been no significant alterations to the locality, or modifications to relevant planning policies. Therefore, the current proposal is considered to comply with policies BE5 and H14 of the UDP, which require buildings to comply with the character of the area and surrounding buildings.

Impact on Neighbouring Buildings

The proposed dwelling would be set 40 metres from dwellings on Lowedges Crescent to the west. This would satisfy minimum separation distance of 21metres between habitable room windows, thereby safeguarding privacy of occupiers of these dwellings.

The dwellings to the east at Chesterfield Road South would be separated from the proposed dwelling by a minimum of 21metres. The room layout and obscured glazing in certain openings, along with the angles involved, would serve to prevent harmful overlooking and consequential privacy loss. The Appeal Inspector was satisfied that with conditions in respect to obscure glazing and prevention of additional openings, the proposed development would provide adequate privacy for neighbouring occupiers.

The generally open aspect to the south would mean that there was no appreciable loss of light to nearby properties on Chesterfield Road South.

Overall, the proposal would satisfy H14(c) which seeks to safeguard amenities of neighbouring occupiers.

Amenity of Future Occupants

The proposed dwelling is considered to be designed with adequate natural lighting and ventilation to its occupants. The proposed external amenity space would be satisfactory exceeding 50 sq metres. A landscaping scheme of the garden and the frontage area would be required as part of any consent which may be granted.

Highway Issues

The application is considered to be acceptable in highway safety terms, subject to confirmation that the arrangement of hard and soft landscaping at the front of the property is re-configured to enable vehicle turning. It is considered that such re-configuration would be achievable, and therefore an appropriate condition should be added to any consent granted. The Inspector concluded that the proposed parking and vehicle turning arrangements gave adequate parking/turning for the proposed dwelling.

Therefore the scheme is considered to satisfy H14 (d), which requires safe access to the highway network and appropriate off-street parking.

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Landscape Matters

Comments have been previously made in relation to the removal of trees from the site. Toward the rear of the site is an overgrown section of hedgerow, including several small Ash trees, with some Hawthorn and Hazel bushes. There is also a small and poorly formed Ash tree at the rear corner of the plot. It is considered that these form a good natural boundary between the park and residential curtilages, however, they would not be considered to be worthy of protection via a TPO. On this basis it is not considered that it would be reasonable to resist the granting of consent due to the removal of trees which would otherwise be able to be removed without any consent being required.

A condition covering the agreement of landscaping details should be included within any consent granted.

Ecology Issues

The Appeal Inspector concluded that further evidence was necessary in relation to the badger sett at the boundary in order to conclude on the issue. The Ecological Consultant has provided some additional correspondence in relation to the issue. The consultant’s most recent visit to the site was on 28 February 2009, when there were no signs of recent use of the badger sett, leading to the conclusion that the sett was inactive at that point. Additionally, there were no signs of badger activity on the surrounding grassland area or garden.

It should be taken into account that reference has been made to some recent badger activity in the area within neighbours representations.

Natural England require a licence be sought for development that may affect seasonally used setts, such as outliers, as well as main setts. As such the consultants state a licence should be sought prior to any development taking place. Natural England would control this process, and would require mitigation measures to be proposed, to ensure that the sett is closed prior to works proceeding. In addition appropriate mitigation measures have been suggested within the Survey.

As such, it is considered that in order to address this issue it will be necessary to impose a condition on any consent which requires the mitigation outlined within the survey to be carried out. This is considered to be reasonable and necessary, and therefore an appropriate condition is recommended.

The City Ecology Unit identify that the mitigation measures proposed by the Consultant, should be followed. It is also recommended that the site should be inspected for the presence of badgers, before the commencement of works. Such an inspection would be required as a part of the mitigation measures/licence application.

The proposal is therefore considered to be acceptable in this regard, and a condition requiring the stated mitigation measures are to be followed should be included within any consent granted. Non-planning legislation will require a Natural

192 England licence to be secured in the appropriate manner, and this therefore not need be required by planning condition.

It is considered that this is satisfactory and addresses the concerns that the Inspector had with regard to the potential inadequate evidence.

RESPONSE TO REPRESENTATIONS

The material planning considerations identified within representations have been covered within the above assessment.

In relation to the other items, the following comments can be made:

- In general, impacts on health of neighbouring occupiers cannot be taken into account as part of the assessment of a planning application - Comments made at previous Planning Boards when an application is refused do not specifically preclude the submission of future planning applications and/or appeals - The previous refusals and appeal dismissals at this site do not prevent the submission of the current application. - The motivation of applicants is not a material planning consideration

SUMMARY AND RECOMMENDATION

The application seeks planning consent for a detached dwelling on land at the rear of No. 20 Chesterfield Road South. A previous application was dismissed due to noise and disturbance impacts upon occupants of the host dwelling. An appeal was submitted and subsequently dismissed. The dismissal was based upon the potential that the appeal application and a permission for a dwelling (granted consent under 08/03238/FUL) could both be implemented, which would be harmful in amenity terms. Additionally, the Inspector concluded that there was considered to be inadequate evidence in relation to the badger sett at the site boundary. The proposal was acceptable in relation to all other aspects.

A legal agreement has been formulated preventing the construction of the dwelling subject to this application and one at the front of the site. Additional information, and a further commitment to provide mitigation measures and seek a Natural England licence, are considered to address the Inspector’s concerns relating to evidence on the badger sett at the site.

Therefore, the concerns raised by the Appeal Inspector are considered to have been satisfied. The scheme is considered to be acceptable in relation to the character of the area, amenities of neighbouring occupiers and highway implications.

Overall, the proposal is considered to meet Unitary Development Plan policies BE5, GE15, H10, H14 and H15, and therefore conditional consent subject to the legal agreement is recommended.

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Case Number 09/01651/FUL

Application Type A Full Planning Application

Proposal Retention of alterations to shop frontage

Location 64 Wicker Sheffield S3 8JD

Date Received 01/06/2009

Team CITY CENTRE AND EAST

Applicant/Agent YS Design Services Ltd

Recommendation Refuse with Enforcement Action

Subject to:

1 The Local Planning Authority consider that the tiled over-cladding of the front elevation and the new first floor window, are out of keeping with the original character of the building and the location, by virtue of the poor visual appearance, finishing and quality of the tiles, the obliteration of the original brick facade and the loss of the original details and window proportions. The development is therefore injurious to the character of the property itself and the street scene. It is therefore contrary to Policy CS74 of the Core Strategy and Policies BE5 and S10 of the Unitary Development Plan.

Attention is drawn to the following directives:

1. The Director of Legal Services has been authorised to take all necessary steps, including enforcement action and the institution of legal proceedings, if necessary, to secure the removal of the tiled over-cladding to the front elevation of the building, the making good of the original brickwork, the re- instatement of the original first floor window proportions, including their decorative surrounds, together with the removal of the high level sign on the front elevation, positioned between the first and second floor windows.

194 Site Location

INTRODUCTION

Members will recall that this application was deferred from the last meeting to allow the applicant to prepare a case to present to Board Members and also for officers to add further detail to the report in respect of the design considerations. The report has been updated accordingly.

BACKGROUND

This site has been the subject of enforcement proceedings for over a year as a result of the unauthorised alterations to the front elevation of the building, consisting of the over-cladding of the original attractive brick façade with black glossy tiles, alterations to the first floor window and the erection of an unauthorised flue. None of these alterations had the benefit of planning permission.

Members will recall that they considered an enforcement report at the City Centre South and East Planning and Highways Area Board on 14th April 2008 and agreed

195 with the recommendation that enforcement action should be authorised and, if necessary, the institution of legal proceedings, to secure the removal of the tile cladding, the re-instatement of the first floor window proportions and the relocation of the fume extraction unit at the rear.

An enforcement notice was served on 23rd June 2008 giving a period of 6 months to comply with the terms of the notice. The applicant was subsequently prosecuted for failing to comply with the enforcement notice with a fine and costs awarded. The applicant has still failed to remove the tiled cladding or re-instate the first floor window proportions and has now submitted this planning application seeking retrospective planning consent for the works. It is understood that this may be because the applicant wishes to be able to appeal against any subsequent refusal of consent. The applicant is still in breach of the original enforcement notice, against which he did not appeal, and is liable to further prosecution at any time.

LOCATION AND PROPOSAL

The application relates to a three storey terraced property which accommodates a takeaway and restaurant, operating under the name Manu Salwa. The property is constructed in brick, although recent works to the building have resulted in it being faced in a high gloss black tile with an embedded speckle.

Wicker is characterised by a variety of units and shop fronts, but for the most part the character of the buildings has been retained and the original brickwork is still evident. The property is located within an area designated as the Central Shopping Area in the adopted Unitary Development Plan.

The application seeks retrospective consent for the facing tiles and first floor window.

RELEVANT PLANNING HISTORY

08/04103/FUL - Retention of single storey rear extension - Granted 12/02/2009

07/00176/FUL - Retention of larger window openings and door on rear elevation of building and opening up of window at second floor (amended plans received 5/4/07) - Granted Conditionally 05.04.2007

04/02653/FUL - Erection of new shopfront (As per amended plans received on 15th September 2004) - Granted 16/09/04

04/03869/FUL - First-floor rear extension to building - Granted Conditionally 05.11.2004

93/02812/FUL - Erection of New Shop Front - Granted 16.12.1993

92/01337/FUL - Use of building as a restaurant and for the sale of takeaway hot food - Granted Conditionally 03/08/1992

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SUMMARY OF REPRESENTATIONS

There have been no letters of neighbour representation regarding this application.

PLANNING ASSESSMENT

Land Use Policy

The use of the building as a hot food takeaway and restaurant is already established and complies with Policy S3 of the Unitary Development Plan.

The principle consideration in this case is that of design. This is considered in detail below.

Design Issues

Policy CS74 (Design Principles) of the adopted Core Strategy states that high quality development is expected, which both takes advantage of and contributes to the creation of attractive and successful neighbourhoods which also assist in promoting the city’s transformation.

Policy BE5 (Building Design and Siting) of the adopted Unitary Development Plan requires good design and the use of good quality materials in all new and refurbished buildings. In particular, alterations should respect the form and detailing of the original building.

Policy S10 (Conditions on development in Shopping Areas) of the adopted Unitary Development Plan sets out the criteria for development in Shopping areas but of particular relevance is that new development should be well designed and of a scale and nature appropriate to the site.

Members have already determined through the authorisation of Enforcement Action that the alterations that have been carried out to the external appearance of this building are unacceptable and no evidence has been presented to indicate that a different outcome is warranted.

The high gloss black tiles have obliterated the original brick façade of the building, which is characteristic of the vast majority of properties on the Wicker. The building forms part of an attractive terrace of red brick built properties, which have similar proportions and attractive detailing, including stone window surrounds, decorative heads and key stones above the centre of each window. The window proportions on the upper floors of these buildings (and previously evident on the application building) have a fairly narrow and vertical emphasis and were originally sliding sash windows.

The tiles are of a very poor quality and the workmanship is also very poor. Indeed, a significant number of tiles have fallen off the front elevation already, even though the works were only undertaken a relatively short time ago. Left behind is the cement which has been used to try and secure the tiles and this creates an

197 unkempt and visually obtrusive finish to the building, as well as creating an obvious danger to pedestrians, should the tiles continue to become dislodged.

The alterations to the original first floor windows to create a single large window have removed attractive detailing and have also created a window with horizontal proportions, totally at odds with the original character of the building. The alterations have been exacerbated by the placing of an unauthorised sign at high level, between the first and second floor windows of the building.

Wicker is a prominent route into the city centre and has undergone significant public realm enhancements recently, as part of the Inner Relief Road works. It is important that the design quality of new and refurbished buildings is of a high standard and reflects the generally high quality of the existing buildings on the Wicker, which are predominantly constructed in red brick, with attractive feature details.

Given the very poor quality of the tiled over cladding, the obliteration of the original features of the building and the introduction of a first floor window which is completely at odds with the proportions of the building and its neighbours, the development is considered to be contrary to Policy CS74 of the adopted Core Strategy and Policies BE5 and S10 of the adopted Unitary Development Plan.

There are no changes to the scheme that would suggest a different outcome to that which was decided by the Area Board in April 2008.

Flooding Issues

Policy CS67 ‘Flood Risk Management’ of the adopted Core Strategy sets out the criteria for which development will be assessed in seeking to reduce the extent and impact of flooding along with the circumstances in which development will be permitted within a flood zone.

The proposal will not increase the amount of hard standing nor is it considered to affect the flow of flood waters or means of access/egress in the event of a flood and therefore there are no objections to the proposal in terms of flooding. The proposal is therefore considered to be acceptable in respect of Policy CS67 of the Core Strategy.

SUMMARY AND RECOMMENDATION

The external alterations made to the front elevation of the building are considered to be of a very poor quality and completely unacceptable. The changes have obliterated the original attractive brickwork and the first floor window proportions and their decorative surrounds and are considered to be completely detrimental to the character of the building and the wider character and appearance of Wicker. Furthermore, the poor workmanship has resulted in the tiles already starting to fall off the face of the building, compounding the poor visual appearance of the building and causing a hazard to pedestrians using this section of the Wicker.

198 For these reasons the alterations are considered to be contrary to the aims of Policy CS74 of the adopted Core Strategy and Policies BE5 and S10 of the adopted Unitary Development Plan.

It is therefore recommended that Members refuse this application and that authority is given to the Director of Legal Services to take all necessary steps, including enforcement action and the institution of legal proceedings, if necessary, to secure the removal of the tiled over-cladding to the front elevation of the building, the making good of the original brickwork, the re-instatement of the original first floor window proportions, including their decorative surrounds, together with the removal of the high level sign on the front elevation, positioned between the first and second floor windows.

199

Case Number 09/01616/OUT

Application Type Outline Planning Application

Proposal Mixed use development comprising the erection of units for use as Offices (Use Class B1), General Industry (Use Class B2) and Storage and Distribution (Use Class B8) including access bridge, associated highway works and car parking accommodation

Location Land At Rear Of Holbrook Works New Street Mosborough Sheffield

Date Received 28/05/2009

Team CITY CENTRE AND EAST

Applicant/Agent A C Liani Ltd

Recommendation GRA GC subject to Legal Agreement

Subject to:

1 The development shall not commence until full particulars and plans illustrating:

(i) layout; (ii) scale; (iii) appearance; (iv) access and; (v) landscaping

(hereinafter called "the reserved matters") have been submitted to and approved in writing by the Local Planning Authority.

To conform to the requirements of Section 92 of the Town and Country Planning Act 1990.

2 Application for approval in respect of any matter reserved by this permission must be made not later than the expiration of 3 years from the date of this permission

200

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

4 The development shall be carried out in material compliance with the scale parameters for the different uses and maximum building sizes identified in proposed Sketch Scheme 7 (drawing no 02807.15) dated 11 August 2009, parameter plan (drawing no 02807.27) dated 18 August 2009 and in the design and access statement. The total gross internal floor space of the proposed office units (B1 (a)) shall not exceed 6331 square metres and the total gross internal ground floor area of the 15 number ‘hybrid industrial/storage units (B2/B8) shall not exceed 7605 square metres in gross internal floor area as identified in Sketch Scheme 7. The fixed link bridge between Holbrook Avenue and the site shall be located as identified in drawing no 02807.15 and there shall be no other vehicular access to the site.

In order to ensure the environmental impact of the development is consistent with that assessed as part of the application, in the interests of road safety and of the amenities of the area. In the interests of ensuring that the City Centre is the focus for office development and offices well served by public transport are smaller scale in accordance with the objectives of the Regional Spatial Strategy, Core Strategy Policy CS3 and PPS6.

5 The total B1 (a) gross external office floorspace shall not exceed 6331 sq m and the B1 (a) office floorspace of any individual unit to be occupied by an individual company or organisation shall not exceed 1000 square metres (with the exception of ancillary office floor space within any B1 (b), B1 (c), B2 or B8 building) unless otherwise agreed in writing by the Local Planning Authority.

In the interests of ensuring that the City Centre is the focus for office development and offices well served by public transport are smaller scale in accordance with the objectives of the Regional Spatial Strategy, Core Strategy Policy CS 3 and PPS 6.

6 Unless otherwise agreed in writing the maximum ridge heights of the office units shall not exceed 11.8 metres and the maximum ridge height of the industry/storage units shall not exceed 11.9 metres.

201 To define the maximum height of development within the site in order to ensure the environmental impact of the development is consistent with that assessed as part of the application and in the interests of the amenities of the area.

7 Prior to the commencement of development, further details of the design and gradient of the fixed link bridge between Holbrook Avenue and the site shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be implemented in accordance with the approved details and thereafter retained.

To ensure an appropriate quality of development in accordance with Policy BE5 of the UDP and Policy CS74 of the Core Strategy.

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

In order to ensure an appropriate quality of development.

9 The new office and industrial/storage buildings shall be designed to BREEAM Very Good standard, unless it can be shown to be not viable or feasible, in accordance with a report submitted to and approved by the Local Planning Authority as part of the reserved matters application. Before each building is occupied (or within an alternative timescale to be agreed) the relevant certification, demonstrating that BREEAM ‘very good’ has been achieved shall be submitted to and approved in writing by the Local Planning Authority.

In order to ensure a high standard of energy efficiency in accordance with Core Strategy Policy CS64.

10 Unless it can be shown not to be feasible and viable, the reserved matters application for each new building shall be accompanied by a report which shall be submitted to and approved by the Local Planning Authority identifying the strategy for providing:

a) a minimum of 10% of the predicted energy needs from decentralised and renewable or low carbon energy; and b) Generate further renewable or low carbon energy or incorporate design measures sufficient to reduce the development's overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy to satisfy (a).

Any agreed renewable or low carbon energy or design measures to reduce the carbon dioxide emissions shall have been installed before the relevant building is occupied. Thereafter the approved measures or alternative measures that achieve the same percentages of renewable or low carbon

202 energy and reduced carbon dioxide emissions shall be retained unless otherwise agreed in writing by the Local Planning Authority.

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

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

11 The development permitted by this planning permission shall not be brought into use until the mitigation measures outlined in the recommendations of the approved Flood Risk Assessment (FRA by RPS dated February 2009) have been implemented and are thereafter retained.

In order to mitigate against the risk of flooding.

12 The development hereby permitted shall not be commenced until such time as a scheme for the provision and implementation of a surface water run-off limitation to reduce the discharge from the site to 5 litres per second per hectare has been submitted to, and approved in writing by, the Local Planning Authority.

The scheme shall be fully implemented and subsequently maintained, before development commences, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.

In order to mitigate against the risk of flooding.

13 Unless otherwise agreed in writing by the Local Planning Authority, in respect of the development to be the subject of a separate reserved matters application, the development shall not commence until details of a Sustainable Urban Drainage Scheme (SUDS) has been submitted to and approved by the Local Planning Authority for that phase. The SUDS scheme shall be implemented before the relevant buildings are brought into use.

In order to ensure the site is developed in a sustainable way and in accordance with Core Strategy Policy CS67.

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

To ensure satisfactory drainage arrangements.

15 Surface water shall not discharge into a public foul sewer.

To ensure satisfactory drainage arrangements.

203 16 No piped discharge of surface water from the application site shall take place until surface water drainage works including off-site works have been completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

17 Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.

To prevent pollution of the Water Environment.

18 A permanent strip of land 3 metres wide adjacent to the top of the bank of Short Brook is to be kept clear of all new buildings and structures (including decking, gates, walls, fences and trees ) unless otherwise authorised in writing by the Local Planning Authority in consultation with the Environment Agency.

To ensure that access can preserved where necessary to the Short Brook for maintenance purposes.

19 Prior to the commencement of development the following components of a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved in writing by the Local Planning Authority.

(i) A site investigation scheme, based on the preliminary risk assessment to provide information for a detailed assessment of the risk of the risk to all receptors that may be affected including those off site, (ii) The site investigation results and the detailed risk assessment (i) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. (iii) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (ii) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components shall be submitted to and approved in writing by the Local Planning Authority.

204 The preliminary risk assessment and initial intrusive investigation has indicated that previous activities at the site have caused contamination of soils and groundwater at the site. It is understood that further intrusive investigation work is now planned. The nearby water course, Short Brook, could be particularly vulnerable to contamination and it must therefore be ensured that the risk to controlled waters is reassessed following the intrusive investigation

20 Before development commences, a verification report demonstrating completion of the works set out in the approved remediation report shall be submitted to and approved in writing by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It should also include any plan (long- term monitoring and maintenance plan) for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority.

To protect controlled waters by ensuring that the site is remediated to an appropriate standard.

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

To protect controlled waters by ensuring that the site is remediated to an appropriate standard.

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

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

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

205 are in place and the protection shall not be removed until the completion of the development unless otherwise agreed in writing.

In the interests of the amenities of the locality.

24 The buildings shall not be used unless forward visibility chords have been provided in accordance with the approved plan and no obstruction to visibility greater than 600 mm above the level of the adjacent carriageway shall be allowed within these chords.

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

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

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

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

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

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

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

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

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

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

a) been carried out; or

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

Highway Improvements at the junction of the new bridge providing access to the site and Holbrook Avenue and associated works.

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

30 Prior to the improvement works indicated in the preceding condition being carried out, full details of these improvement works shall have been submitted to and approved in writing by the Local Planning Authority.

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

31 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.

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

In the interests of the safety of road users.

33 The buildings shall not be used unless provision has been made within the site for accommodation of delivery/service vehicles in accordance with plans submitted as part of a reserved matters application and approved in writing by the Local Planning Authority. Thereafter, all such areas shall be retained free of all obstructions, including the storage, display and depositing of materials, packaging or other objects so that the service yard is fully available for the parking, turning and manoeuvring of delivery/service vehicles.

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

207 34 The buildings shall not be used unless details have been submitted to and approved in writing by the Local Planning Authority, showing how surface water will be prevented from spilling onto the public highway. Once agreed, the measures shall be put into place prior to the use of the buildings commencing, and shall thereafter be retained.

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

35 Development shall not commence until details have been submitted and approved in writing to the Local Planning Authority showing details of the bridge construction spanning the Short Brook, providing access to the site from Holbrook Avenue, along with structural calculations.

To ensure that the proposed bridge link is constructed to standards to provide safe access for all types of vehicles to the proposed development.

36 Prior to the commencement of development, a Framework Travel Plan, designed to: reduce the need for and impact of motor vehicles, including fleet operations; increase site accessibility; and to facilitate and encourage alternative travel modes, shall have been submitted to and approved in writing by the Local Planning Authority. The Framework Travel Plan shall include:

a) Clear and unambiguous objectives, modal split targets and an indicative programme of implementation b) A monitoring, review and reporting programme in accordance with Sheffield City Council's 'Monitoring Schedule'; and, c) Details of arrangements to inform future occupiers of the requirement to develop, implement and monitor detailed Travel Plans, in accordance with the approved Framework Travel Plan and the condition outlined below.

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.

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

208 c) The results and findings of the monitoring shall be independently verified/validated to the satisfaction of the local planning authority. d) The verified/validated results will be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

On occupation, the approved Travel Plan(s) shall thereafter be implemented, subject to any variations approved in writing by the Local Planning Authority.

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

38 Prior to the commencement of development a detailed method statement for the removal or long-term management /eradication of Japanese Knotweed on the site shall be submitted to and approved in writing by the Local Planning Authority. The method statement shall include proposed measures to prevent the spread of Japanese Knotweed during any operations such as mowing, strimming or soil movement. It shall also contain measures to ensure that any soils brought into the site are free of seeds/root/stem of any evasive plant covered under the Wildlife and Countryside Act 1981. Development shall proceed in accordance with the approved method statement.

Japanese Knotweed is an evasive plant, the spread of which is prohibited under the Countryside and Wildlife Act 1981. Without measures to prevent its spread as a result of the development there would be the risk of an offence being committed and avoidable harm to the environment occurring.

Attention is drawn to the following justifications:

BE5 - Building Design and Siting IB5 - Development in General Industry Areas GE11 - Nature Conservation and Development GE10 - Green Network GE15 - Trees and Woodland GE17 - Rivers and Streams

Core Strategy Policies

CS13 - Employment and Services in Mosborough/Woodhouse CS74 - Design Principles CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction

209 CS67 - Flood Risk Management

Regional Spatial Strategy PPG25

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

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

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

The notice should be sent to:-

Sheffield City Council Highways and Transport Division Howden House 1 Union Street Sheffield S1 2SH

For the attention of Mr P Vickers

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

3. As the proposed development is located near to the track and wires of the South Yorkshire Supertram you are advised to contact South Yorkshire Supertram Limited at 11 Arundel Gate, Sheffield , S1 2PN, (Telephone Sheffield (0114) 2728282) to establish whether or not the system is affected.

210 works shall be rectified in accordance with a scheme of work to be agreed with the Local Planning Authority.

5. Formal consent regarding works affecting the water course must be obtained from the Council's Development Services, Land Drainage Group, 2-10 Carbrook Hall Road, Sheffield, S9 2DB (Telephone Sheffield 2735847) before work on site commence.

6. Formal consent for the discharge to the river and for the outfall structural design must be obtained from the Council's Development Services, Land Drainage Group, 2-10 Carbrook Hall Road, Sheffield, S9 2DB (Telephone Sheffield 2735847) before work on site commences.

7. 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 Brian Messider or Simon Ovendon on Sheffield 2734197.

8. 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.

9. The applicant is advised that if surface water is to be discharged into the Short brook from the sit, the section of the brook passing through land within the within the applicants ownership should be cleared of debris that is impeding or diverting the flow of the brook onto the adjacent footpath.

211 Site Location

LOCATION AND PROPOSAL

This proposal relates to 3.65 hectares of land located to the rear of the current William Cooks Precision Castings site. It was formally used in part as a tip for casting materials and is now mainly overgrown, with two hedge/tree strips running north south; in effect dividing the site into three areas. To the west, the site is bounded by the Supertram route to Halfway and Eckington Way. North of the site is a shallow wooded valley bisected by the Short Brook and beyond that, Holbrook Avenue. There is a further wooded bank to the east which is adjoined by industrial units accessed off New Street. To the north and east of the site the area is predominantly industrial, being part of the Holbrook Industrial Estate. To the south lies the William Cooks premises beyond which is a fringe of residential development fronting Station Road and to the west, beyond Eckington Way, is open space and residential areas.

The current access to the site is from Station Road via the eastern side of the William Cook’s buildings. The Cook’s site is level to accommodate a large

212 industrial building. However, the application site rises to the south west resulting in an embankment along the boundary with the Cook’s site up to approximately 9 metres in height. Overall the main body of the site rises by approximately 6 metres from northeast to south west.

Outline approval is sought, with all matters reserved, for the erection of a mixture of offices (within Use class B1) and ‘hi-tech’ units that could be used for general industry or storage (Use Classes B2 and B8). Changes introduced in 2006 (Circular 01/2006) require outline applications to be supported by a minimum of level of information relating to the use of the site, the amount of development proposed for each use, site layout and scale parameters in terms of the lower and upper limits of height, width and length of each building and access provision. In the case of this application, the applicant has submitted parameter plans to establish the principle of development of the site to achieve a maximum of 6331 square metres of office space and 7605 square metres of industry/warehousing, which could take the form of 27 office units and 15 industry/warehouse units. In terms of access, a new road access is proposed into the site off Holbrook Avenue comprising a single span bridge that will cross the Short Brook valley and a public footpath.

RELEVANT PLANNING HISTORY

04/03324/OUT: B1 (light industry), B2 (general industry) and B8 (warehousing). Renewal of outline permission 9B/0552P under Sec 73 (start date, submission of details). Approved 10.11.2004

01/01213/OUT (9B/0552P): B1 (light industry), B2 (general industry) and B8 (warehousing) development. Renewal of outline permission 94/0298P under Sec 73 (start date, submission of details). Approved 08.10.2001.

94/00879/OUT (94/0298P): Erection of building for B1 (light industry), B2 (general industry) and B8 (warehousing) purposes. Approved: 13.11.1998

87/02088/FUL; Rear of Holbrook works, off New Street Halfway. Use of land as an extension to waste disposal tip. Approved: 18.11.1987

SUMMARY OF REPRESENTATIONS

None received

PLANNING ASSESSMENT

General Policy Issues

The site has been identified for employment use for many years and falls within a General Industry Policy Area (Policy IB5) in the Unitary Development Plan (UDP)

213 where B2 (business) and B8 (warehousing) uses are preferred and B1 (offices/light industry) uses are acceptable. Although there have been previous outline approvals for such uses on the site, which accorded with UDP Policies, uses must now be assessed taking into account Core Strategy Policies, the Regional Spatial Strategy and Government Guidance in PPS6 (the latter guidance being subsumed into the Core Strategy) which has superseded the suitability of B1 (a) office use on this site, as set out in the UDP.

Policy CS3 ‘Locations for Office Development’, of the Core Strategy, requires the majority of office development should be in the City Centre or at its edge. The Policy also identifies sites near Supertram stops as suitable for small-scale offices. Small scale offices are defined as single office units less than 1000 square metres gross internal floor space in total. In this case, the outline parameters plan indicates that a maximum of 27 office units could be achieved with a total of 6,330 sq m of floor space; none of these units individually exceed 1000 square metres. Furthermore, the site is located between the Westfield (adjacent to Holbrook Avenue) and Halfway stops. As such, the proposal would thus comply with Policy CS3.

Also proposed in the application are ‘hybrid B2/B8 units’ which could be used for industrial/commercial and other non-office businesses. The Mosborough area is defined in Policy CS5 of the Core Strategy: ‘Locations for Manufacturing, Distribution/Warehousing and other Non-office businesses’, as an area that can contribute towards the supply of local jobs. Similarly the proposal would also assist in delivering Core Strategy Policy CS13 Employment and Services in Mosborough/Woodhouse’ with new jobs being provided in the established industrial and business area to the east of Mosborough, which includes this site. Thus, in principle, the proposed B2/B8 uses meet the aims of the Core Strategy Policies.

Another issue that must be taken into account is the designation of the site as Greenfield land, being identified as such in the Core Strategy Background Report, notwithstanding its previous use, in part, as a tip for waste materials from the adjacent castings operation. Core Strategy Policy CS2 ‘Business and Industrial Development on Brownfield and Greenfield Land’ requires that no more than 4 hectares or 2.5 % of all land developed over a 5 year period should be Greenfield. This site is just less than 4 hectares in area so this proposal could effectively take up all of the Greenfield development permitted under this Policy. However, no other identified Greenfield sites have planning permission and are unlikely to come forward quickly. Thus, it is considered that the proposal is acceptable under Policy CS2

Reserved Matters Parameters

Although, as stated above, the submitted outline application provides a significant amount of details in terms of the design and layout of buildings and spaces, to allow future flexibility, a plan has been submitted to define the basic parameters for development, which will form the basis for any future Reserved Matters applications in accordance with Circular 01/2006.

214 Use and Amount of Development

The submitted parameters plan and details provided within the application indicate that the site can accommodate a maximum of 6,330 square metres (internal gross floor space) of office space within Use Class B1 (internal gross floor space) and a maximum of 7605 square metres of hybrid units within Use Class B2/B8 (industry and storage/distribution). The parameters plan suggests that this floorspace is likely to be accommodated within 27 two storey office units and 15 single storey industrial units. The principle of the use of the development is considered in the section above and subject to a condition securing this maximum level of development, the application is considered to accord with current planning policy.

External Appearance

Policy BE5 of the UDP ‘Building design and Siting’ states that “Good design and use of good quality materials will be expected in all new buildings”. Core Strategy Policy CS74 ‘Design Principles’ must also be taken into account as it states that; “High quality development will be expected, which would respect, take advantage of and enhance the distinctive features of the city, its districts and neighbourhoods including: (a) the topography, landforms, river corridors, Green Network, important habitats, waterways, woodlands, and other natural features and open spaces;”

Even though the application is in outline, indicative details of the buildings have been provided, which include external treatments that comprise a mixture of timber and other cladding with dual pitched roofs. Key elevations facing the streets have large window areas. In principle, these details set the basis for a good quality of design with a mix of complementary facing materials with large glazed areas. As such the proposed development, subject to a condition requiring broad compliance with the submitted design parameters, is considered to accord with Policies BE5 of the UDP and CS74 of the Core Strategy.

Layout

The submitted site layout indicates the location of office units along the western and northern edges of the site. These areas are of particular importance as the northwest section of the site is elevated above the adjacent Supertram route and Eckington Way, which lies to the west. Any development will therefore be prominent as viewed from Eckington Way towards its junction with Holbrook Avenue. The office development also provides a buffer between the open space/wooded area/ Area of Natural History Interest around the Short Brook to the north. Thus, having the office development along these boundaries also creates a transitional area in terms of scale between the residential development to the west and the larger industrial hi tech units within the site.

The parameters plan thus establishes the following layout principles to be followed through in any future reserved matters application:

(i) The location of office buildings of a high quality design in the most visible locations on the site, namely:

215 - to the west of the site, adjacent to the Supertram route; - to the north-west corner of the site facing the junction of Holbrook - Avenue and Eckington Way; - facing the junction with Holbrook Avenue; - adjacent to the main access route from the north of the site; - facing the entrance to the Park and Ride Supertram route from the - footpath and cycle link.

(ii) The frontages and main entrances of all buildings should face onto streets or as close as possible;

(iii) Intrusive perimeter fencing should not be installed at the most visible locations on the edge of the site and

(iv) Overlooking and surveillance from buildings should be provided of pedestrian and cycle routes that do not run alongside streets by incorporating window openings into buildings adjacent to these routes.

The parameters plan indicates that an appropriate layout can be achieved and subject to securing the objectives by means of a planning condition, the proposed layout is considered acceptable.

Scale

The parameters plan indicates a maximum of two storeys for the office units and single storey for the hi-tech units. Plans indicate maximum ridge heights of the office units of between 10.2 metres and 11.8 metres and a maximum ridge height of 11.9 metres to the hi-tech units. Details of the industrial units include a height with the flexibility to increase the internal floor space by the addition of an extra floor if required, the floorspace of which is included within the maximum provision. Given the site’s location within a predominantly commercial area, this maximum scale of development is considered acceptable.

The footprint of the units, in terms of length and width, are constrained by the retention within the site of existing hedgerows and the need to provide an acceptable road, servicing and parking layout. However, a condition is proposed to ensure that the site layout is broadly in accordance with the parameters plan and on this basis, the length and width of the proposed units is considered acceptable.

Access

The submitted indicative plans indicate that the development is to be served by an access road from Holbrook Avenue which crosses the Short Brook and open space and footpath by means of a single span bridge, allowing an open aspect through the bridge arch and a safe pedestrian route.

Previous outline approvals included access to the site off Eckington Way. This required a new crossing over the Supertram route between Holbrook Avenue and Station Road. Notwithstanding the problems associated with providing such a crossing it is no longer considered acceptable to create a new junction on

216 Eckington Way so close to the other existing junctions. A new suitable vehicular access was thus investigated. Use of the existing access to William Cooks site was considered but this would have increased traffic on Station Road and the roundabout at its junction with Eckington Way/Rotherham Road is near capacity. Further vehicle movements off the William Cook site access are also undesirable due to its close proximity to the New Street junction.

In order to provide safe highways access an alternative route was investigated at the pre application stage resulting in the current proposal to erect a bridge across the open space along the Short Brook. The single span is achievable due to the brook being set below the level of the site and Holbrook Avenue. Traffic from the site can then join Eckington Way at the signalised junction with Holbrook Avenue. The position of the bridge is essentially to be fixed in this location and on this basis, access into the site is considered acceptable and will be secured by means of a planning condition.

Indicative car parking provides 197 spaces which includes 17 disabled spaces. This provision is close to the parking standards included in the Yorkshire and Humberside Regional Spatial Strategy (RSS). These standards include 1 space per 60 square metres for B1 (business) development and 1 space per 75 square metres for B2 (industry) which would result in a requirement for 204 spaces in total as opposed to 197 spaces proposed. The slight shortfall is considered acceptable due to the good public transport links close to the site. Parking provision will be conditioned as part of this application and parking arrangements for motorcycles and cycles in accessible areas that are well overlooked will also be secured by means of a planning condition.

Any future reserved matter application will also be required to provide details of pedestrian and cycle links through the site from north to south and east to west that link into the Park and Ride Supertram stop. The application indicates that cycle routes and cycle parking will be provided in the site although it has not been possible to provide a through cycle route to the east due to changes in level and land ownership outside the control of the applicant. A route through the existing William Cook complex would also not be feasible or safe due to conflicts with operations on this site.

Within the application submission, the applicant has offered to allow use of part of the adjacent William Cook site to provide extra parking spaces for the Halfway Park and Ride facility. However, on the basis that this area is outside the boundary of the application site, such provision would require a separate change of use planning application. As such, it is a recommendation of this application that best endeavours are sought to secure the extension of parking at the Halfway Park and Ride, subject to the outcome of a future planning application, which will be secured by means of a Section 106 Agreement. In the event that the extension to the parking cannot be secured, the application will be required to undertake measures to improve pedestrian access to the site from the surrounding area.

The submitted parameters plan indicates that the internal road layout will have a clearly defined street hierarchy created within the site with a change in surface materials on identified minor access roads. Measures to slow traffic on minor

217 streets through the design of the public realm and car parking arrangements will also be secured by condition.

Landscape and Ecology

As stated in the report above, existing landscape features in the form of hedgerows which run from north to south will be protected and retained in any development on the site, as will an existing hedgerow on the western boundary. Similarly the development does not encroach into the mature landscaping on the northern edge of the site bounding the Short Brook. This land is designated as open space and is, in part, an Area of Natural History Interest. UDP Policies that are relevant to this land are GE10 ‘Green Network’, which seeks to protect the Green Network from development that would detract from their green and open character, Policy GE11 ‘Nature Conservation and Development’, which seeks to protect and enhance the natural environment, and GE17 ‘Rivers and Streams’, which promotes the protection and enhancement of all rivers and streams.

The new site access has been designed and located to have the minimum of impact on the existing landscaped area as the single span bridge takes up very little land, apart from abutments. It will cross from a grass bank off Holbrook Avenue through an area in the woodland that has no mature trees and is adjacent to a dead tree. Having a single span, a large void is retained under the bridge allowing free passage of wildlife whilst not impacting upon the course and openness of the Short Brook, the recreational value of the open space and retaining a wide open area for pedestrians. A wildlife survey has been undertaken which has concluded that no protected species would be adversely affected by the proposed development subject to further surveys. Within the site, small animal tunnels under road ways from the retained hedgerows to the open space to the north are proposed, which will allow wildlife to utilise the hedgerow strips. These ecological enhancements will be secured by condition. On this basis, it is considered that the proposal would not detract from the green and open character of the area will not require the replacement of open space. It is therefore considered to accord with Policies GE10, GE11 and GE17 of the UDP.

Accessibility

Any development must meet the requirements of the Disability Discrimination Act to allow access for people with disabilities. The applicant has advised that the design of the development will follow the guidance in Part M of the Building Regulations and should meet the requirement of Policy BE8 ‘Access to Workplaces’ to meet the needs the needs of employees and members of the public with disabilities.

Sustainability

Policy CS64 of the Core Strategy relates to climate change, resources and sustainable design of developments and advises that all new buildings must be designed to reduce emissions of greenhouse gases and function in a changing climate. They must also be designed to use resources sustainably such that all new development over 500 square metres should achieve a BREEAM rating of

218 very good or equivalent. Policy CS65 of the Core Strategy requires all significant development to secure the following unless it can be shown to not be feasible or viable:

(i) Provide a minimum of 10% of the protected energy needs from decentralised and renewable or low carbon energy and

(ii) Generate further renewable or low carbon energy or incorporate design Measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy required to satisfy (i).

As the proposals are submitted as an outline application, the precise design approach to meet the requirements of Policies CS64 and CS65 cannot be determined at this stage. In support of the application, the submitted Design and Access Statement indicates that sustainable materials should be advocated, such as timber cladding. The roof slopes are intended to incorporate photovoltaic cells where the orientation of the building lends itself to their use. It should also be noted that the indicative design includes large windows making use of daylight and sunlight reducing the need for artificial light. The applicant has also advised of their commitment to accept a planning condition to provide a BREEAM rating of very good for the business units. On this basis it is considered that the application would accord with Policies CS64 and CS65 of the Core Strategy.

In terms of encouraging non-car users to reach the site, the development is considered to be sustainable, being located between two Supertram stops at Holbrook Avenue and Halfway Terminus. The latter stop includes a transport interchange with bus services and a Park and Ride facility. A pedestrian route is proposed from the Park and Ride area into the site.

Flood Risk

The site is not located within Flood Zones 2 or 3, as indicated by the Environment Agency and thus is located within Zone 1. As the site exceeds 1 hectare in area a Flood Risk Assessment (FRA) is required in accordance with Planning Policy Guidance 25: Flood Risk to ensure that new development does not add to any potential flood risk from uncontrolled runoff from the site. Policy CS67 of the Sheffield Development Core Strategy relates to flood risk management and advises that the extent and impact of flooding will be reduced by a number of measures including the use of sustainable urban drainage (SUDS). As the land is currently undeveloped, development of the site will require attenuation of water runoff. The submitted FRA recommends, in consultation with the Environment Agency, the control of surface water runoff to 5 litres per second/hectare. Attenuated water storage will be required to control such runoff levels.

Permeable/porous surfaces will be considered in parking areas, footpaths including those on highways. However, SUDS techniques such as ponds wetlands and detention basins are not considered suitable for this site due to the majority of the site being developed. In principle, however, the mitigation measures set out in the submitted FRA are considered acceptable to address the issue of Flood Risk and

219 subject to these measures being secured by means of a planning condition, the application is considered to concur with Policy CS67 of the Core Strategy and PPG25.

Land Contamination

As part of the site was used for tipping waste materials, a ground contamination report has been submitted with the application. The Environment Agency, having been consulted with regard to the ground contamination report, have advised that a series of conditions should be included if the application is to be recommended for approval to prevent pollution of the Short Brook. Reference is also made to the presence of Japanese Knotweed on the site, clearance of which requires a detailed method statement as the spread of such an evasive plant is prohibited under the Wildlife and Countryside Act. This will also be managed by conditions.

SUMMARY AND RECOMMENDATION

This application seeks outline approval for a mixture of office units (individually being under 1000 square metres in floorspace), and industrial/storage units on land, which although undeveloped, has had previous outline planning approvals for employment uses. The site is allocated for general industry uses in the Unitary Development Plan, which includes offices. However, such a designation has now been superseded by Core Strategy Policy CS3. This requires major office development to be in the City Centre, but it does permit smaller units (under 1000 square metres) in areas near Supertram stops, which would include the application site. The site is also located within East Mosborough, which is an area identified in Policy CS5 of the Core Strategy as a location for manufacturing and other non office use to provide local jobs. The principle of the development therefore accords with Core Strategy Policies CS3 and CS5.

Although identified as a Greenfield site in the Core Strategy Background Report, the size of the site would not exceed the 5 year allocation of Greenfield land for non residential development and in this regard, the application accords with Policy CS2 of the Core Strategy.

The indicative scale, volume and design of the outline proposals are considered acceptable in principle. However, to provide more flexibility for proposals at reserved matters stage, a planning parameters condition will be included to establish maximum levels of development and scale, and the principles of design and layout of buildings. Sufficient information has been submitted with the application to indicate that the development will be sustainable and not create a flood risk. The new access bridge is located and designed as a single span such that it is not considered to adversely affect the open space, the Area of Natural History Interest and the Short Brook which it crosses. Landscape features within the site such as hedgerows will be retained as well as woodlands along the Short Brook. Thus biodiversity around the site will be protected.

It is considered that the site can be safely accessed and the indicative internal road layout adequately serves the site. The provision of off-street parking is sufficiently in accordance with Regional Spatial Strategy standards to be acceptable given the

220 site’s close proximity to public transport. Provision is also made within the proposals for pedestrian and cycle access. The applicant will also be required to use best endeavours to secure an extension to the Park and Ride at Halfway prior to the first commencement of use of the development hereby approved, subject to the outcome of a future planning application for the change of use of the area identified for this expansion within the application, which lies within the adjacent William Cook site. In the event that the extension to the Park and Ride is not achievable, improvements to pedestrian access to the site will be sought. This will be secured by means of a Section 106 Agreement.

Overall, the proposal is considered to benefit the Mosborough area by enhancing employment prospects through the provision of small flexible industrial units and small offices whilst not adversely affecting the local green environment and is considered to accord with relevant Unitary Development Plan and Core Strategy Policies as set out in the report above. The application is therefore recommended for approval subject to conditions and a Section 106 agreement with the following heads of terms.

To ensure and promote appropriate accessibility to the site from the surrounding area, the applicant shall either:

(i) secure the provision of an extension to the Halfway Park and Ride on the adjacent William Cook site, as indicated on the submitted plan, subject to the outcome of a future planning application for change of use of the land to car parking in association with the Park and Ride: or

(ii) The provision of pedestrian facilities on Eckington Way from the junction of Eckington Way and Station Road to the Halfway Supertram stop.

At the time of writing the report, the Section 106 Agreement is still to be finalised with the applicant. In the event that a satisfactory S106 planning obligation covering the Heads of Term set out in the preceding paragraph is not concluded before 11th September 2009 (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

221

Case Number 09/01614/RG3

Application Type Application Submitted by the Council

Proposal Erection of a perimeter fence and gates (Full Application Under Reg 3 -1992) (amended plans received 24.07.2009)

Location Abbeydale Grange School Hastings Road Sheffield S7 2GU

Date Received 28/05/2009

Team SOUTH

Applicant/Agent Birkett Cole Lowe

Recommendation Grant Conditionally

Subject to:

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

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

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

In the interests of the amenities of the locality.

3 Any excavation that takes place beneath the canopies of any trees within the site or on any adjacent sites shall be carried out by hand and shall not involve machinery of any kind.

In the interests of the amenities of the locality.

4 No materials of any kind shall be stored beneath the canopies of any trees within the site or in adjacent sites.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

222 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 and adopted Core Strategy set out below:

H14 - Conditions on Development in Housing Areas GE13 - Areas of Natural History Interest and Local Nature Sites

and to all relevant material considerations, including Supplementary Planning Guidance.

Site Location

223 INTRODUCTION

Members will recall this application from the previous meeting held on 10 August 2009 that was deferred for a site visit.

LOCATION AND PROPOSAL

The application site is located on the corner of Abbeydale Road and Hastings Road approximately 3.5km southwest of Sheffield City Centre. The area is predominantly residential in character and is designated as a Housing Area in the Unitary Development Plan (UDP).

There is an area of designated Open Space to the north and northeast of the site in the form of a woodland and playing fields. A Local Shopping Centre exists along Abbeydale Road to the southwest of the application site. The adjacent woodland is classed as a Site of Natural History Interest in the UDP.

The application site comprises the Abbeydale Grange School buildings, playing fields, hard surfaced sports area and car parks. The site slopes up from Abbeydale Road towards the adjacent woodland. There are mature trees located along the site frontages with Abbeydale Road and Hastings Road, and the site boundary is demarcated by a natural stone wall.

Planning permission is sought for the erection of a 2.3 metre high fence around the perimeter of the school site and gates to the vehicular and pedestrian entrances. The fence is proposed to be the paladin (mesh) style and powder coated dark green similar to the existing fence around the hard surfaced sports area.

RELEVANT PLANNING HISTORY

03/01846/RG3: Erection of fence to playground area. GRANTED 30.06.2003.

SUMMARY OF REPRESENTATIONS

There have been sixteen representations and one petition containing 48 signatures received regarding this application objecting on the following grounds:

- Blocking of access to established and well used pathways through Spring Wood - Access from Hastings Road through the woods has existed for more than a hundred years - No pre-application consultation with Council or local residents - Detrimental impact on visual amenity - Build up of litter around the base of the fence and associated health risk - Fence not necessary - Palisade fencing completely out of character - Mesh fencing throughout would reduce the impact on the green environment - Fencing around car park does not increase security for pupils - Pupils currently walk through the woods to school, this should be encouraged not restricted

224 - Segregation of school from local community - Given uncertain future of the school this is not a sensible use of school resources - Waste of tax payers money - School will look like a concentration camp/prison - Excessive - School occupies a unique setting that will not be enhanced through the proposal - No need to remove the hawthorn tree and evergreen shrub, needed for screening more than ever - Impact on views - Fence should be located further up the slope from Abbeydale Road - Request application is decided at an Area Board - Application does not support Council policy which seeks to encourage the use of green, open spaces - Achieving security for pupils and staff should not be incompatible with access to the open space for the local community - Damage to trees - Planting should be used to soften the appearance of the fence along Hastings Road - Fence around staff car park will restrict access and will lead to staff parking on the highway, causing further congestion - Poorly thought out proposal

Two further representations have been received stating no objection to the principle of the fence. However, one expresses concern that by not locating the fence immediately adjacent to the boundary with the nearest residential property that people continuing to use the path from Hastings Road to the woods will trespass on this neighbouring property creating a security risk for the occupants. The other does not see the need for a fence along the Hastings Road frontage

An additional representation has been received from the Carter Knowle and Millhouses Community Group who object on the following grounds:

- Ill-considered application - No prior consultation with the local community - School is ignoring its wider responsibilities to the community - Unsympathetic design of fence, detrimental visual impact - Overbearing due to higher land level of the school grounds - Damage to mature and recently planted trees - Fence not necessary - Fence would cut off established routes through the woodland that link local communities and shops - Trees indicated for removal would only need pruning and their presence would be more necessary than ever - Extension of existing fence around sports area along the Abbeydale Road frontage would form a serious visual barrier - Planting could be used to screen fence - Palisade fencing unacceptable

225 Cllr Qadar has submitted an objection to the proposal on the grounds that insufficient consultation has taken place with the local community and that safety should be balanced against the right of way for local people who have been using the paths for a very long time. A site visit is strongly suggested before the decision is taken.

Cllr Dunkley objects on the grounds that the fence would be unsightly, unattractive and unnecessary and that established access routes to the woods and from Carter Knowle to Millhouses would be cut off.

Two representations have been received from the school in support of the proposal:

- Unauthorised access to the school grounds in the evening and at weekends and also during school hours with associated issues such as dog fouling, littering etc - Recent Ofsted inspector declared progress of school satisfactory but expressed grave concerns about security of such an open site - Fence required to improve security from intruders and to prevent pupils leaving for their own safety - Sheffield City Council do not support rights of way across school land due to the associated security risks

An additional representation has been received since the Planning Board held on 10 August 2009 from the Sheffield Works Cricket Club in support of the proposal. The Cricket Club have been working with the school and would like to extend their presence at the school. However, this is not possible at present due to security concerns that would be allayed by the proposed fence.

PLANNING ASSESSMENT

Policy

The application site is located in a Housing Area and as such is subject to the following UDP Policies:

H14 ‘Conditions on Development in Housing Areas’ In Housing Areas, new development or change of use will be permitted provided that: a) new buildings and extensions are well designed and would be in scale and character with neighbouring buildings; and c) the site would not be over-developed or deprive residents of light, privacy or security, or cause serious loss of existing garden space which would harm the character of the neighbourhood; and d) it would provide safe access to the highway network and appropriate off- street parking and not endanger pedestrians; and and, for non-housing (C3) uses, provided that it would also: k) not lead to air pollution, noise, smell, excessive traffic levels or other nuisance, or risk to health and safety for people living nearby; and

226 l) be on a scale consistent with the residential character of the Area or meet primarily local needs or (in the case of uses other than shops) occupy an existing building set in its own grounds; and m) comply with Policies H10 to H13, as appropriate

GE13 ‘Areas of Natural History Interest and Local Nature Sites’ Development which would damage Areas of Natural History Interest will normally not be permitted. Where development would decrease the nature conservation value of an Area of Natural History Interest or Local Nature Site, that decrease must be kept to a minimum and compensated for by creation or enhancement of wildlife habitats elsewhere within the site or local area

Design/appearance

The originally submitted plans showed part of the fence being the paladin (mesh) style and part the more industrial palisade style. Due to the predominantly residential character of the area and sensitive location adjacent to an Area of Natural History Interest and designated Open Space it was felt that the palisade fencing was not acceptable. After discussion with the agent the palisade fence has been removed from the scheme and the entire fence is now proposed to be the paladin (mesh) style.

The mesh fence is to be powder coated dark green which respects the green character of the site. The use of green fencing will allow it to blend in with the adjacent vegetation, particularly along the boundary with the woodland to the north and northeast of the site. The open style of the paladin fencing will ensure that good visibility of the site from surrounding areas is retained.

In recent years Sheffield has seen numerous applications for paladin fencing around school sites due to increased pressure on schools to improve their security and the security of pupils. In the case of Abbeydale Grange School this issue has been highlighted by an Ofsted inspector (see email from Business Manager received 06.07.2009). There are many examples of this style of fence completely surrounding schools and as such it cannot be considered out of character with the use of the site.

This said the Abbeydale Grange School site is unique in its setting, adjacent to a well-established woodland and surrounded by mature trees. This gives the site a strong green character that positively contributes to the attractive character of the locality. In light of this it is essential that a sensitive approach is taken to the siting of the fence to ensure that it does not have an adverse impact on the character of the local area. It is considered that the approach taken to the siting of the fence strikes the appropriate balance between improving the security of the school and minimising the impact on the adjacent streetscenes and neighbouring woodland.

At no point does the proposed fence run flush with the site boundary. The fence is approximately 2 metres from the site boundary at the closest point (along Hastings Road) and approximately 25 metres at the farthest (along Abbeydale Road).

227 The traditional stonewall that marks the boundary with Hastings Road is to be retained, as are all the trees located to the rear of this wall. These existing trees will soften the appearance of the fence to a certain degree. However, it is acknowledged that some of these trees have high canopies that start above the height of the fence thus only the trunks will obscure the view of the fence. The set back from the site boundary (average circa 3.5 metres) will ensure that the existing stonewall and mature trees continue to be the dominant feature along Hastings Road.

After further discussion with the agent the location of the fence parallel to the Abbeydale Road frontage has been amended. It was originally proposed to continue the line of the fence around the hardsurfaced play area across the site to the southwest edge of the woodland. This would have created a large expanse of fencing visible from Abbeydale Road with no breaks. Given the elevated position of this part of the site it was considered that this would have formed an overly prominent feature within the site. In light of this the fence has been set back by a further 10 metres (to a total of approximately 25 metres) from the Abbeydale Road frontage. This will create a variation in the length of fence visible form Abbeydale Road and will significantly reduce its prominence.

The staff car park located at the corner of Hastings Road and Abbeydale Road is currently well screened from the streetscene by mature vegetation. The fence in this location will be similarly well-screened and will have a minimal impact on the character of this prominent corner.

Trees & Wildlife

A small tree and a shrub are to be removed. These are not located on the site boundary and provide little in the way of visual amenity for the wider area. There is a high concentration of planting in the immediate vicinity of the tree and shrub and it is not considered that their loss will have a significantly detrimental impact on the character of the site.

The fence along Hastings Road in particular is to be located in close proximity to several mature and semi-mature trees. Due to the modest size of the foundations for the fence posts it is not considered that the root systems of these trees will be adversely affected. However, as these trees are integral to the character of the site and adjacent streetscene a condition will be attached that requires the hand excavation of any foundations beneath tree canopies.

The fence is to be set approximately 1.5 to 2 metres from the boundary with the adjacent woodland. The fence does not encroach into the woodland and will not directly impact on any wildlife within the woodland.

Public Rights of Way

Local objection to the proposal focuses largely on the restriction of access to the woodland and the paths running through it. After consideration of this the school requested to amend the location of the fence in the northwest corner of the site to allow a 1 metre strip around the edge of the fence that links to an established

228 footpath. This will allow continued access to the woodland from Hastings Road without compromising the aim of the fence which is to improve the security of the school.

As the school is not public land and there are no formal public rights of way through the site there was no obligation for the school to allow continued access for local residents across the school land. However, the amended location of the fence is acceptable and the continued access to the designated Open Space supports wider policy objectives.

SUMMARY AND RECOMMENDATION

Ofsted inspector comments state that the security of Abbeydale Grange School is of serious concern. Given the location of the school on the corner of two highways, one being the busy Abbeydale Road, with woodland marking the other boundaries of the site there are obvious security and safety risks. No evidence has been submitted to suggest that there have been security breaches at the school in the past. However, this is not to say that the school and/or its pupils may not be threatened in the future. Therefore, the improved security of the school is deemed necessary.

The proposed security fence is similar to many other fences around schools throughout the city. The mesh style of the fence is unobtrusive and the proposed green colour will help it to blend in with the green character of the site. The fence has been set away from the site boundaries so that the characteristic stonewalling can be retained along the street frontages. The trees to the rear of the stonewall are also to be retained and measures will be taken to ensure that they are not damaged during the erection of the fence.

The retention of the stonewall and trees with the fence located to the rear will ensure that they remain the dominant feature in the streetscene. The trees will offer a degree of screening and will help to soften the appearance of the fence for its entire length along street frontages.

In light of the above it is considered that an appropriate balance has been struck between preserving the character of the site, adjacent streetscenes and the woodland to the rear and improving the security of the school. This application is therefore recommended for approval subject to the imposition of conditions.

Grant conditionally

229

Case Number 09/01359/FUL

Application Type A Full Planning Application

Proposal Use of shop as hot food takeaway (Use Class A5), provision of ramped access to front elevation and extraction flue to rear.

Location 69 Bellhouse Road Sheffield S5 6HP

Date Received 28/04/2009

Team CITY CENTRE AND EAST

Applicant/Agent YS Design Services Ltd

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the proposed hot food takeaway use would be detrimental to the amenity of the locality and to the living conditions of nearby residents, in particular, owing to the odours generated by the proposed extraction flue system, which is situated at a very low level and in close proximity to habitable room windows at the rear of the application site. This position would not allow for the adequate dispersal of the cooking odours associated with the proposed use. The proposal is therefore contrary to Policy S10 of the Unitary Development Plan.

230 Site Location

LOCATION AND PROPOSAL

Situated on Bellhouse Road, the application site comprises the ground floor area of a two-storey terrace property that is currently in use as a retail shop (A1) with a self-contained flat above.

The application property is located in the Firth Park District Shopping Centre and it is therefore surrounded by existing retail (A1) and hot-food takeaway (A3) uses. The attached neighbour to the north-east (No.71) is the Islamabad fast food and curry takeaway. The attached neighbour to the south-west is a retail clothes shop.

There are residential properties situated within close proximity of the site. A designated ‘Housing Area’ is positioned to the immediate east of the site and, in particular, there are semi-detached houses located on the North Quadrant and No.53 North Quadrant abuts the rear boundary of the application site. Additionally, self-contained flats exist at the first floor level above many of the surrounding shops, including the attached neighbours and the flat above.

231

The application property has a traditional terraced design with the existing shopfront dominating the ground floor area. To the front of the property there is small hard-surfaced forecourt area. At the rear of the property there is a large flat- roofed single storey extension which projects out from the original building by approximately 12 metres. The rear of the property and the flat above are accessed via an alleyway leading between the terraces.

Planning permission is sought to change the use of the existing retail shop (Use Class A1) into a hot food takeaway (Use Class A5). It is proposed that the use operates between 1200 hours until 2300 hours Monday to Friday, and 1200 hours until 2300 hours Saturday. The takeaway is not proposed to be open on Sundays or Bank Holidays.

Fronting Bellhouse Road, given the land level differences between the footpath and the entrance, across the hard-surfaced forecourt, it is proposed to install an access ramp at the front of the property.

RELEVANT PLANNING HISTORY

Planning permission was approved in September 1999 for alterations and extension to the former dwellinghouse at 69 Bellhouse Road to create a shop with a maisonette above. The permission included the erection of an external stairway at the rear of the property and accessed via an alleyway that leads between 69 and 71 Bellhouse Road. The access and staircase are still in place (Ref. 90/02179/FUL).

SUMMARY OF REPRESENTATIONS

12 letters of objection (including 3 from the owner (1 letter) and tenants (2 letters) of the neighbouring takeaway business) have been received in connection with the proposed development. The concerns raised by objectors include:

- There are already a large number of takeaway establishments in Firth Park. The majority have late night openings, which is more than able to serve the existing demand for food. - Another takeaway would adversely affect similar existing businesses. It is already hard in the current economic climate and recession. The opening of another takeaway would have a huge impact on trade. - The existing takeaway use at 71 Bellhouse Road creates smells that are appalling, especially in the summer. This includes burning food and rotting fats. The smell stays on clothes and creates smoke which is harming the health of residents. - Residents cannot open windows most nights without the room smelling. - The existing takeaway uses are already a source of much litter and discarded food. The litter builds up and is thrown into front gardens. This will be worse when another takeaway outlet is opened. - The use will attract more rats to the area. “It’s like a rats mini-market on the pavements”.

232 - The takeaway would create excessive noise which would disturb local residents. - There is a lack of suitable parking space in the area. It is difficult to park at the moment and another takeaway would make this impossible. - The use would attract more youths who congregate outside the premises, increasing noise and anti-social behaviour (e.g. urinating in passageways). - Another hot food takeaway in the area would result in a devaluation of existing residential properties. - Late night opening would increase traffic and noise bearing in mind that there are surrounding residential properties in the area. - Concerns about the proposed ramp access, flue design and their impact on neighbouring property. - Concern that the proposed flue may affect current residential tenants above 71 Bellhouse Road. - Concern about drains. The owner of No.69 has already changed their guttering system by merging the pipes on his property directly into the fall pipe at No.71. There is concern that if the proposal is granted there would be a significant increase in water usage which would go into one drain which would not be capable of sustaining the water and damage may result. - There are empty shops elsewhere in the area that would be a better option for a takeaway and these are away from houses.

PLANNING ASSESSMENT

Land Use & Dominance

UDP Policy S7 ‘Development in District and Local Shopping Centres’ identifies Retail Use Class (A1) as the preferred use in such areas. The policy goes on to state that there are also a number of acceptable uses, which includes hot food takeaways (A5).

UDP Policy S10 ‘Conditions on Development in Shopping Areas’ is also relevant. Part a) of S10 states that proposals for changes of use should not lead to a concentration of uses which would prejudice the dominance of preferred uses in the area (the area in this case being the Firth Park District Shopping Centre). Appendix 1 within the UDP defines dominance as usually meaning that the non- preferred uses do not occupy more than half of the area.

In light of the above, it is considered that the principle of a hot food takeaway at this site would be acceptable and complies with the policy aspirations of relevant UDP policy.

233

Design

UDP Policy S10, part (c), states that new developments or change of use applications will only be acceptable if they are well designed and of a scale and nature appropriate to the site.

There are limited external alterations proposed as part of this application. The main external alterations at the rear of the property comprise the installation of a flue, which would project 1m above the eaves of the buildings single storey rear extension. Given the flue’s proposed rear position, height and size, it is considered that it would not be overly visible from any surrounding public areas and it is not an uncommon feature in such a commercial setting.

The disabled access ramp, which is proposed to be installed in the area of hard- landscaping between the footway and the takeaway use, does not offer significant concerns in amenity terms. Again, a ramp at the front of commercial premises is not an ideal solution but not such an uncommon feature. It is therefore felt that a suitably designed ramp and steps which are constructed from high quality brickwork and railing details would not compromise the external appearance of the building or character of the streetscene to such a significant degree as to warrant the refusal of this application.

In light of the above, there is no significant concern about the proposed external alterations this building from a design and visual amenity perspective, and in this regard the works would appear to comply with the aspirations set out in Policy S10, part (c).

Noise and Odour

UDP Policy S10, part (b), states that new developments or change of use applications will only be acceptable if they do not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions, including air pollution & noise.

The main issue in this instance relates to the noise and odours created by the new hot food takeaway use and the impact that these conditions would have on the residential amenity of surrounding residential properties – particularly the flats located above the proposed use, the flats above adjacent neighbouring properties and dwellinghouses at the rear of the site on the North Quadrant.

The position and termination point for the proposed extraction flue system is considered to be unacceptable from an odour mitigation perspective. The flue is essentially too low at 1m above the single storey extension and it would therefore not terminate high enough to keep kitchen and cooking odours clear from the surrounding residences, their outdoor amenity space and windows. There is additional concern about the flue’s position so close to the rear of the site near to the residential properties on North Quadrant and the odour issues it would create for their rear outdoor amenity space.

234 In light of the above, it would normally be recommended that the flue is repositioned to terminate at 1m above the eaves level of the main roof of the two- storey building. This potential solution, however, continues to offer concern as there are a number of rooflights positioned in the roofspace of the host building and attached neighbouring buildings that serve spaces within the residential flats, including bedrooms. The outdoor space which provides an entrance to the flats is also clearly used as informal amenity space (washing rotary evident during site visit). It is considered that a flue terminating above the eaves would be very close to these windows and spaces, which would move the odour source closer to the flats. This would clearly be an unacceptable solution.

Members are advised that flues can be installed to terminate above the height of the host buildings roof ridge, in most cases, however it is unknown whether this can be achieved at this site. Any future application would have to demonstrate whether this option, or any other option, could work at this site without compromising residential amenity or visual amenity standards.

Whilst it is accepted that the site is within a District Shopping Centre, and therefore residents within such areas cannot expect to enjoy the same standard of living environment than residents in wholly residential settings, it is considered that the odour and noise mitigation measures proposed are unacceptable and would not restrict issues to at least a tolerable level. Given the characteristics of the site and the position of the kitchen, it is also unclear as to whether a solution could be achieved. Therefore, the proposal is considered to be contrary to the aspirations of with UDP Policy S10, part (b).

Highways Issues

UDP Policy S10, part (f), states that new developments or change of use applications will only be acceptable if they are adequately served by transport facilities, provide safe access to the highway network, appropriate off-street parking and not endanger pedestrians.

Given the above, the proposal is considered to be in compliance with Policy S10, part (f)

Access Issues

UDP Policy BE7 relates to ‘Design of Buildings Used by the Public’ and expects that all buildings which are to be used by the public allow people with disabilities safe and easy access to the building and encourages facilities for people with disabilities.

235 Owing to the sloping topography of the land outside the application site, a disabled access ramp and new steps are proposed. However, the submitted drawings indicate that the ramp, steps, landings and handrails do not meet current standards. The ramp is too steep at about 1:4 and it appears likely that it is not practicable to provide a ramp to current standards, or close enough to current standards to be safe for users. Although this is regrettable, the constraints of the site have to be accounted for and it is considered that access by steps only, designed fully to current standards, would be preferable to a ramp which cannot be used safely by wheelchair users.

In light of the above, it is concluded that the current access is unacceptable, and therefore contrary to Policy BE7, but it is felt that the access issues could be overcome in the future should the other issues surrounding this application (i.e. noise and odour) be resolved to improve acceptability of this proposal.

Litter Issues

With regard to litter it is noted that there are a number of litter bins in the surrounding area but not immediately outside the application site or beyond Bellhouse Road’s junction with Bevercotes Road/North Quadrant. There is a large quantity of bins provided at regular intervals further down Bellhouse Road, closer to the heart of the centre, but these start approximately 80 metres from the application site. Within the development, it is also noted that the plans indicate that there is proposed to be external storage space for bins.

It is recommended that any future approval for a takeaway use at this site could be accompanied by condition that requires the provision of a bin outside the premises and appropriate storage within the confines of the property in an attempt to discourage any vermin in the area and reduce litter on the pavement and, as such, this is not considered to be a matter for refusal in this instance.

RESPONSE TO REPRESENTATIONS

It is considered that the main planning objections raised have been addressed in the assessment of this application.

Issues relating to the impact of another takeaway on existing businesses and the valuation of property are not material planning considerations and therefore can carry no weight in the determination of this planning application.

It is considered that the issue relating to the drain at No.69 and 71 is not a material planning consideration but a private civil matter which must be resolved between the relevant parties.

SUMMARY AND RECOMMENDATION

The proposed change of use from a retail shop (A1) to a hot food takeaway (A5) is considered to raise no policy concerns at this location. The site is located within the District Shopping Centre and the proposed A5 use would not threaten the overall desired dominance of A1.

236

However, the main issue surrounding this application is the position and height of the proposed extraction flue system, which offers significant concern given the proximity of residential accommodation above the proposed use as well as the position of dwellinghouses to the immediate rear. Moreover, there is uncertainty as to whether an appropriate extraction flue system could actually be accommodated at this site without generating a conflicting relationship between the proposal and the surrounding residences from a residential amenity perspective. It is therefore considered unacceptable to support this application amidst such uncertainty.

Therefore, for the reasons outlined in this report, it is concluded that the proposed development does not accord with UDP Policy S10 and it is therefore recommended that Members refuse this application.

237

Case Number 06/01076/CAC

Application Type Conservation Area Consent Application

Proposal Partial demolition of tower & demolition of single-storey annexe

Location Holiday Inn (Posthouse Hotel) Manchester Road Sheffield S10 5DX

Date Received 29/03/2006

Team SOUTH

Applicant/Agent Axis Architecture

Recommendation Grant Conditionally

Subject to:

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

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

2 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.

Attention is drawn to the following justifications:

1. The decision to grant conservation area consent and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan and adopted Core Strategy set out below:

BE16 - Development in Conservation Areas

and to all relevant material considerations, including Supplementary Planning Guidance.

238 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 2734220 or by visiting Sheffield City Council’s website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

Site Location

This application should be read in conjunction with Application No. 06/00836/FUL also on this agenda

239

Case Number 06/00836/FUL

Application Type A Full Planning Application

Proposal Partial demolition, retention, extension & conversion of tower, and erection of 2 x 4 storey blocks to create 121 no. 1, 2 & 3 bedroom units and 11 x 3 storey townhouses in grounds, with associated basement car parking (as amended plans received 23/07/07)

Location Holiday Inn (Posthouse Hotel) Manchester Road Sheffield S10 5DX

Date Received 06/03/2006

Team SOUTH

Applicant/Agent Axis Architecture

Recommendation GRA GC subject to Legal Agreement

Subject to:

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

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

2 Details of the proposed phasing of the development shall be submitted to and approved in writing before the development commences. Thereafter, the works shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

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

240 (1) Windows (2) Window reveals (3) Doors (4) Garage Doors (5) Eaves and verges (6) External wall construction (7) Brickwork/Cladding detailing (8) Balconies/Sun boxes (9) Entrance canopies (10) Coloured glazing to tower

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

In order to ensure an appropriate quality of development.

6 Prior to any works commencing on site, details of all external lighting shall be submitted and approved in writing by the Local Planning Authority. The approved lighting shall be implemented as per the approved details and be retained.

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

7 Before work on site is commenced, details of a suitable means of site enclosure shall be submitted to and approved in writing by the Local Planning Authority and the dwellings shall not be used unless such means of site enclosure has been provided in accordance with the approved details and phasing details as required by Condition 2, thereafter such means of site enclosure shall be retained.

In the interests of the amenities of the locality.

8 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, Part 1 (Classes A to E inclusive), Part 2 (Class A), or any Order revoking or re-enacting that Order, no extensions, porches, garages, ancillary curtilage buildings, swimming pools, enclosures, fences, walls or alterations which materially affect the external appearance of the dwellings shall be constructed without prior planning permission being obtained from the Local Planning Authority.

241 In the interests of the amenities of occupiers of adjoining property, bearing in mind the restricted size of the curtilage.

9 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (and any order revoking and re- enacting the order) no windows or other openings shall be formed in all elevations of the building hereby permitted without the prior written consent of the Local Planning Authority.

In the interests of the amenities of occupiers of adjoining property, bearing in mind the restricted size of the curtilage.

10 The apartments and townhouses shall not be used unless the car parking accommodation for that particular phase as approved under condition 2, has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

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

In the interests of the safety of road users.

12 Before the development is commenced, details of the means of ingress and egress and routeing 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.

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

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

14 The apartments / townhouses shall not be used unless turning space for vehicles has been provided within the site in accordance with the approved plans and thereafter such turning space shall be retained.

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

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15 Before the development is commenced, full details of suitable and sufficient cycle parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority and the apartments / townhouses shall not be used unless such cycle parking has been provided in accordance with the approved plans subject to the phasing details as required by Condition 2, and, thereafter, such cycle parking accommodation shall be retained.

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

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

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

On occupation, the approved Travel Plan(s) shall thereafter be implemented, subject to any variations approved in writing by the Local Planning Authority.

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

17 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.

243 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.

18 Before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided:

a) a minimum of 10% of the predicted energy needs of the of the completed development being obtained from decentralised and renewable or low carbon energy; and b) The Generation of further renewable or low carbon energy or incorporation of design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy to satisfy (a)

19 The dwellings hereby approved shall be constructed to achieve a minimum standard of Code Level for Sustainable Homes Level 3 and before any dwelling is occupied (or within an alternative timescale to be agreed) the relevant certification, demonstrating that Code Level 3 has been achieved, shall be submitted to and approved in writing by the Local Planning Authority.

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

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

244 In the interests of the amenities of the locality.

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

In the interests of the amenities of the locality.

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

In the interests of the amenities of the locality.

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

In the interests of sustainable development.

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

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

25 Any remediation works recommended in the Phase II Intrusive Site Investigation Report shall be the subject of a Remediation Strategy Report which shall have been submitted to and approved in writing by the Local Planning Authority prior to the development being commenced The Report

245 shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

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

26 Before development is commenced, full details of all hard surfaced areas within the site shall have been submitted to and approved by the Local Planning Authority. Such details shall consist of porous materials, or shall direct surface water run off from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse. Thereafter the hard surfacing shall be implemented in accordance with approved details.

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

27 The site shall be developed with separate systems of drainage for foul and surface water on and off site.

In the interest of satisfactory and sustainable drainage.

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

To ensure that the development can be properly drained.

29 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.

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

To prevent pollution of the Water Environment.

31 Before work on site is commenced, full details of suitable inclusive access and facilities for disabled people, both to and into the building(s) and within the curtilage of the site, shall have been submitted to and approved in writing by the Local Planning Authority and the dwellings shall not be used unless such inclusive access and facilities have been provided in accordance with the approved plans. Thereafter such inclusive access and

246 facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

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

32 Before development is commenced, full details (at a scale of 1:50) of mobility housing provision (which shall equate to a minimum of 25% of the residential units) within the development shall have been submitted to and approved by the Local Planning Authority. Such details shall thereafter be implemented prior to occupation of the units, and shall thereafter be retained.

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

Attention is drawn to the following justifications:

PPS3 H7 - Mobility Housing H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas H15 - Design of New Housing Developments H16 - Open Space in New Housing Developments BE5 - Building Design and Siting BE9 - Design for Vehicles BE15 - Areas and Buildings of Special Architectural and Historic Interest BE16 - Development in Conservation Areas BE17 - Design and Materials in Areas of Special Character or Historic Interest CS23 - Locations for New Housing CS26 - Efficient Use of Housing Land and Accessibility CS31 - Housing in the South West Area CS40 - Affordable Housing CS41 - Creating Mixed Communities CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction CS66 - Air Quality

and to all relevant material considerations, including Supplementary Planning Guidance.

247

Attention is drawn to the following directives:

3. Before the development is commenced, a dilapidation survey of the highways adjoining the site shall be jointly undertaken with the Council and the results of which agreed in writing with the Local Planning Authority. Any deterioration in the condition of the highway attributable to the construction works shall be rectified in accordance with a scheme of work to be agreed with the Local Planning Authority.

248 Site Location

LOCATION AND PROPOSAL

The site is of the former Holiday Inn (Posthouse Hotel), located within a residential suburb to the south west of the City. The site is characterised by the steep topography of its location, rising from Fulwood Road up to Manchester Road. The existing tower on the site is a landmark building within Sheffield and views can be seen from numerous vantage points both near and far.

The surrounding area is characterised by large stone built properties from the late Victorian/Edwardian era standing in substantial grounds. The exceptions are the 1960’s flat roofed apartments (Fulwood Mansions), located immediately to the east of the site, and the more recent Fairfield Heights development located immediately to the west of the site.

The Sheffield Unitary Development Plan (adopted 1998) shows the site as within a Housing Area. The site falls within both the Endcliffe Conservation Area (to the south of the site) and Broomhill Conservation Area (to the north).

249

The site currently accommodates a vacant hotel with associated gymnasium/health club, and car parking, set in landscaped grounds. There are two entrances to the site, the primary entrance from Fulwood Road and secondary entrance from Manchester Road. To the northern part of the site is an area of surface car parking and pool complex. The site at this point stands elevated above the south part of the site, which contains the existing tower and previous extensions to the east. A vehicle access runs through the site along the eastern boundary of the site close to Chesterwood Road .The site and hotel have not been used for over 3 years and is currently vacant.

The site is bound along Fulwood Road by a mature band of trees, which nearly fully screen the lower floors of the existing buildings from the highway. A stone boundary wall runs along the back end of the footpath, which forms a significant retaining wall, with the land sloping steeply towards the north.

The original application as submitted was for the retention, and extension of the tower by adding a further 2 storeys to the height, and extending the building by adding a metal frame (projecting 1.8 metre) with new cladding system to 3 sides.

The existing annexe buildings/health club was proposed to be demolished, and replaced with a large main block close to the eastern boundary of the site steeping up to 6 storeys, and the creation of 16 townhouses to the north of the site. Underground car-parking accommodation was proposed on 4 levels.

Following extensive negotiations with officers, a revised scheme has been submitted and, as amended the application now comprises of an additional set back floor to the tower, a metal framework enlarging the tower by 1.6 metres to the east and west elevations, and by 2.2 metres on the south elevation. This is to have a cladding system fitted to all four sides of the tower creating 83, one and two bed apartments.

The main block has been reduced in height to a maximum of 4 storeys in line with the neighbouring buildings along Chesterwood Road, and has been pulled towards the centre of the site, away from Chesterwood Road, Fulwood Road and Manchester Road. Green roofs and greenwalls have been added to the main block.

The top of the site has been re-modelled, with the town houses taking the form of a crescent, with private gardens to the rear for each unit.

The two existing access points are to remain, with the top access leading onto Manchester Road serving the townhouses and new Main Block, and the access leading onto Fulwood Road serving the existing tower.

The application site is part of both the Endcliffe and Broomhill Conservation Areas and a high quality of design is required.

This report considers both the full planning permission for the partial demolition, retention, extension & conversion of the tower, and erection of 2 x 4 storey blocks

250 to create 121 no. 1, 2 & 3 bedroom residential units and 11 x 3 storey townhouses in grounds, with associated basement car parking, and also the Conservation Area Consent for demolition of the existing health club.

RELEVANT PLANNING HISTORY

- An application for the Partial demolition of the tower & demolition of the single-storey annexe is pending consideration and is considered within this report. Application No. 06/01076/CAC - Planning permission was granted for an extension to gymnasium. Application No. 96/00885/FUL - Planning permission was granted for an extension to gymnasium. Application No. 89/00584/FUL - Planning permission was granted for a health centre including swimming pool, gymnasium and Jacuzzi. Application No. 86/01772/FUL

SUMMARY OF REPRESENTATIONS

Original Submission - 49 Representations received;

- The proposal for 163 residential units is far too dense and is over development, with the building being too close. The size of the development is out of proportion to the neighbourhood and is neither architecturally nor aesthetically suitable for a Victorian suburb. - The proposal is too high and totally oppressive to existing residential buildings - The need is for family homes not 1 and 2 bed apartments which Sheffield has an excess of. - The buildings will need to be properly managed to avoid deterioration - The under croft parking is welcomed but is it sufficient? Where is the visitor parking? - The size of the development will exacerbate the existing pressure on the roads, sewers and parking in this area. - The degree of traffic will causing significant detriment to the amenities and quality of life of the neighbouring properties. - The proposal is in close proximity to neighbouring residential properties, with main habitable windows as close as 13 metres away from the proposed townhouses - The 4-storey townhouses will tower over ground floor occupiers of neighbouring residential properties - The proposed style of architecture is highly commercial and out of character with the surrounding Conservation Area, with its unique Victorian and Edwardian architectural Heritage. - The (appalling) tower has been an eyesore for many years, and to develop it is unacceptable. - The development will do nothing to contribute to the community (private estate with not family accommodation). - The developers have made very little effort to engage with the local community.

251 - The proposed building will impact on the privacy to occupiers of Fulwood Park Mansions through adverse overlooking. The green roofs will be used as gardens causing further overlooking. - Is it possible to make the scheme owner occupied? - The gated community would be socially and psychologically isolating. - The proposed new block is located far too close to the Chesterwood Drive blocks of flats leading to overlooking, loss of light and having a towering effect. - Requests for mature trees to be planted along the boundary to protect privacy to neighbours, that construction traffic enter and exit the site from the Manchester Road access, that the Manchester Road and Fulwood Road is not linked. - The need for affordable housing in Broomhill is for families. - The height of the buildings will dwarf the surrounding Edwardian and Victorian houses, blocking previously interrupted view. - There would be an unacceptable level of noise and dust created during construction. - Welcome the plan to re-develop the site, which is appearing derelict, however the plans show an over-development of the site. - The scheme should incorporate energy saving measures such as solar panels or mini wind turbines. - The town houses are in close proximity to properties along Manchester Road causing adverse overlooking, and loss of light. - There has been a lack of consultation, excessively short review time, and restriction of comment. - A model and full plans should be made available locally for study by local residents.

Councillor A Whitehouse wrote, stating:-

- Over density for permanent residence – hotel density not appropriate for permanent housing. - Too many 2 bedroom non-family flats with insufficient private space (Particularly the flats within the tower). - Disabled access is questionable in multi-storey apartments without alternative means of escape. - The use of roof gardens would result in overlooking and dis-amenity to residents at Chesterwood Drive and Fairfield Heights. - Overshadowing by and proximity to the main tower block of sections 4, 3 and parts of 1 nearest to 3 will cause dis-amenity to future occupiers. - The change in use from a hotel to a housing should be refused. - The site is highly visible across the valley and the proposal will inevitably result in loss of trees - Drawings fail to show the steep topography of the area. - Access from Manchester Road would need to be widened to accommodate increased use. - Concerns regards asbestos in the current building which will be disturbed during construction. - Problems with drainage/sewerage in surrounding area. - The undermining of ground by the construction of an underground car park.

252

First Revised Submission – 18 Representations received;

- The density of the development will be too high in the Conservation Area. - The volume of cars exiting from the development is too high. - The new main block of flats adjacent to and extending the full length of the western boundary with Fulwood Park Mansions will infringe on privacy and light to occupiers of Fulwood Park Mansions. - The proposed new development is insensitive to the residents on both sites of the Hallam Tower estate, to wildlife and the general environment in the area. - The amendments seem relatively minor and the site remains over- developed. - The amended plans show huge areas of painted zinc cladding panels which is out of keeping with the conservation area, along with appearing cheap and being difficult to maintain. - The incessant noise of drilling and dust levels through excavation of the basement parking would be unacceptable to existing residents. - The existing schools and doctors would be affected by the increase in residents. - The amended main block is much larger than the present structure, they are too big and high, are sited too close to Fulwood Road and Fulwood Park Mansions, and the proposed size and position is out of proportion to the surroundings. - Whilst the number of units has been reduced, and there being no vehicular route through the site, it still will impact negatively on the existing traffic problems in the area. - Although the townhouses have been reduced in height they will still overlook neighbouring properties. - There appears to be more town houses concentrated on the side of the site than before and due to their height would further impact on overlooking to occupiers of Fairfield Heights. - There is no through access, which may cause problems if there is a major emergency in the underground car park. - The glass cladding to the tower is only three sides with the northern side left completely exposed revealing the ugly existing fascia. - There is still no provision for affordable housing. For a development of this scale this is scandalous. - The gated site would bar access to local residents, and cause problems for visitors and deliveries etc.

Councillor Paul Scriven wrote, stating:-

- The site is in the Broomhill Conservation Area and both the design, height, and overall appearance are not in keeping with the Conservation Area. - The density of the apartments is such that residents will have only a small about of space, and it is questionable as whether this could be considered decent living conditions. - The height and number of units would mean a loss of amenity for local residents living nearby greater than its usage as a hotel.

253 - Traffic numbers will increase significantly leading to increase in the danger to both road users and pedestrians, along with straining on the existing road network. - The development would add to a clear imbalance as the side does not provide for predominantly family residences and therefore does not help to create a sustainable community within Broomhill Area.

Second Revised Submission – 14 Representations received;

- The amended plans show no changes that will alleviate any of the detrimental effects on occupiers of Fulwood Park Mansions.

Councillor Paul Scriven wrote, stating:-

- Same as previous comment (above) but added concerns about overlooking, and dominance of the proposed apartments on existing neighbouring properties. - The density is clearly significantly above PPG3 recommendations and therefore is an over development. - The building is already significant and prominent adding an additional floor will increase its dominance. - The proposed final finishing and cladding of the tower will have a sever and detrimental effect on the area, owing to its modern effect. - A condition should be imposed to allow public access through the site and not to be a gated community.

Nick Clegg MP (add support to constituents objections):

- Concern about the height and length of the proposal and the affect this will have on neighbouring properties privacy and light, and to the visual amenity of the area. - There will be extra traffic to the area will add to the congestion on Fulwood Road and Manchester Road.

On 27 February 2007 the proposal was presented to Sheffield Conservation Advisory Group, who made the following comments:

The group raised no objections to the proposed conversion of the tower block, but due to the size and height of the tower, it considered that the new four/five storey buildings represented an over development of the site. The Group expressed concern at the lack of details regarding the cladding materials for the tower and plans for any children’s play facilities when it was likely that the 2/3 bed roomed town houses would attract families. The Group also considered that there was insufficient landscaping to act as a buffer on what was a very prominent site.

Applicant Consultation

The applicant has submitted a Statement of Public Consultation with the revised application. This exercise has taken place in the form of a public exhibition held at the site on the afternoon and evening of the 9th November 2006, a written

254 consultation exercise sent to all parties originally notified of the proposal explaining the changes to the project, and the attendance of the applicants representatives at two meetings of the Broomhill Forum. The changes reflect some of the comments made by the public. These include enhanced landscaping to the boundary, the provision of cladding to the north facing elevation, the enhanced screening to the east side of the site to ensure reduced perception of vehicular activity, the retention of the trees in the centre of the site. The developer has stated that they have responded wherever possible to the comments received, however it has not always been possible to meet every individuals needs, and the the community have been closely involved in the project and positively contributed to the scheme submitted to the LPA for consideration.

PLANNING ASSESSMENT

Land Use Policy

The application site is located within a Housing Policy Area under the provisions of the adopted Sheffield Unitary Development Plan, with parts of the site located within the Broomhill and Endcliffe Conservation Areas. Therefore the relevant policies are as follows;

Planning Policy Statement 3 ‘Housing’ sets out the Government’s policies and provides advice on matters concerning housing and housing development. It emphasises the need to enable greater choice of housing, along with the re-use of previously developed sites at efficient densities.

The site is located within a Housing Area. Policy H10 states that housing is the preferred use in these areas, therefore in principle the residential aspect of the development is considered to be acceptable subject to the development meeting the criteria found in Policy H14.

The relevant Adopted Unitary Development Plan policies are;

BE5 ‘Building Design and Siting’ BE6 ‘Landscape Design’ BE9 ‘Design for Vehicles’ BE15 ‘Areas and Buildings of Special Architectural or Historic Interest’ BE16 ‘Development in Conservation Areas’ BE17 ‘Design and Materials in Areas of Special Architectural or Historic Interest’ H7 ‘Mobility Housing’ H10 ‘Development in Housing Areas’ H14 ‘Conditions on Development in Housing Areas’ H15 ‘Design of New Housing Developments’ H16 ‘Open Space in New Housing Areas’

The Sheffield Development Framework – Core Strategy includes the following policies which are of relevance;

CS23 ‘Location for New Housing’ CS26 ‘Efficient Use of Housing Land and Accessibility’

255 CS31 ‘Housing in the South-West Area’ CS40 ‘Affordable Housing’ CS41 ‘ Mixed Communities’ CS64 ‘Climate Change, Resources and Sustainable Design of Developments’ CS65 ‘Renewable Energy and Carbon Reduction’ CS66 ‘Air Quality’

Policy Issues

Sustainability

In order to satisfy Policies CS64 and CS65 of the Sheffield Development Framework conditions will be required to be added to any consent granted requiring details to be submitted.

It is anticipated that the new dwellings are designed and specified to achieve a Code for Sustainable Homes Level rating of 3. In addition to this the proposal includes rain water harvesting, green roofs to the Annex A, and a green wall along the eastern elevation of Annex A which will help to encourage local ecology, reduce thermal loading to the building and contribute to improving air quality. These factors will help to meet the requirements of Policy CS64.

Policy CS65 sets a minimum requirement of 10% of the predicted energy of significant developments from decentralised, renewable or low carbon energy, unless it can be shown that this would not be viable.

Less information is provided as to how this will be achieved, however, the preliminary options for Code for Sustainable Homes Code Level 3 do cover the reduction in emissions, and the applicant accepts the requirements of this policy, and is agreeable to this matter being resolved by imposition of a condition.

It is considered overall, that the development subject to condition is capable of satisfying conditions CS64 and CS65.

Housing Policy

Policy H10 states that housing is the preferred use in these areas, therefore in principle the residential aspect of the development is considered to be acceptable. This is subject to the provisions of H14 which states that development is acceptable where, amongst other things, a. new buildings and extensions are designed and would be in scale and character with neighbouring buildings b. new development would be well laid out with all now roads serving more than five dwellings being of an adoptable standard c. the site would not be over-developed or deprive residents of light, privacy or security, or cause serious loss of existing garden space which would harm the character of the neighbourhood d. it would provide safe access to the highway network and appropriate off- street parking and not endanger pedestrians

256 e. it would not suffer from unacceptable air pollution, noise or other nuisance or risk to health or safety

For non-housing uses the development should: i. occupy only a small area and not lead to a concentration of non-housing uses which would threaten the residential character of the Housing Area k. not lead to air pollution, noise, smell, excessive traffic levels or other nuisance, or risk to health and safety for people living nearby l. be on a scale consistent with the residential character of the area or meet primarily local needs

The following Core Strategy Policies are also relevant:

CS23 states that new housing development will be concentrated where it would support urban regeneration and make efficient use of land and infrastructure. The main focus (during the period 2008/09 to 2020/21) will be on suitable, sustainably located sites within (a) the main urban area of Sheffield.

CS26 states that housing development will be required to make efficient use of land but the density of new developments should be in keeping with the character of the area and support the development of sustainable, balanced communities. Subject to the character of the area being protected, densities at sites within or near to a District Centre densities of 50 to 80 dwellings per hectare will be acceptable. This development proposes 100 dwellings per hectare and whilst this is above the suggested density, in this case the higher number is owing to the conversion of the existing tower building.

Therefore, the proposal is considered to be acceptable in principle subject to the criteria set out under UDP Policy H14 and Core Strategy Policies CS23 and CS26. These will be assessed separately below.

House Type Mix

One of the aims of Policy CS41: Creating Mixed Communities within the Core Strategy is to ensure that not more than half the residential units in any large development are made up of a single house type.

This development has a mixture of 1 bedroom, 2 bedroom, 3 bedroom apartments and 4 bedroom townhouses. The number of 2 bedroom apartments do make up over 50% of the units with 98 out of the 133 units on site. However this is partly due to the conversion of the existing tower and the restrictions of the site. The proposal does include 11 townhouses within the grounds.

Therefore it is considered that owing to the limitations of converting the existing tower, and that according to the most recent Housing Needs Survey for the area, which shows a high demand for flats, it is considered acceptable.

257 Highways

The provisions of PPG13, ‘Transport’ sets out the government advice with regard to transport, which has now been amended by the publication of PPS3. The guidance encourages new development to be in sustainable locations and close to facilities and Shopping Centres.

Policy BE9 requires that safe, efficient and environmentally acceptable site layouts for all vehicles (including cycles) and pedestrians should be provided for all new developments.

Policy H14 part (d) requires that a proposal would provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians

It is considered that the estimates of the number of vehicular trips generated by the existing use have been considerably overestimated in the applicant’s traffic assessment. However, in the absence of historical actual survey information, using the Trip Rate Information Computer System (TRICS) database, highways officers have calculated the likely levels of traffic generated by a 138-bedroom hotel with health club using the TRICS database.

The estimates of traffic generated by the proposed residential development is considered acceptable.

The following table indicates the vehicular traffic flows estimated to be generated by the existing and proposed use of the site:

Hotel + Health Club Residential Arr Dep 2 way Arr Dep 2 way AM 32 26 58 16 52 68 PM 43 30 73 50 21 71 Daily 485 486 971 238 243 481

It can be seen that the proposal would be likely to result in a slight increase in traffic movements generated by the site in the AM peak but that the proposal is likely to result in a reduction in vehicular movements to and from the site over a 24- hour period. This results in the proposed development not having any detrimental impact on the surrounding road network.

The originally submitted plans proposed a one-way system through the site, with traffic entering from Fulwood Road and exiting onto Manchester Road. The amended scheme proposed traffic to enter and exit from Manchester Road and Fulwood Road.

The proposal provides 139 parking spaces for the apartments within the basement, 21 spaces for the visitors, and 36 spaces for the townhouses at the top of the site.

The basement parking is accessed via two entrance ramps, one from Fulwood Road leading to 83 parking bays, and the other from Manchester Road leading to 56 parking bays. A hand full of the parking bays which are abutting a wall and a

258 pillar may prove difficult to manoeuvre in and out of, and therefore a condition can ensure that they are re-configured.

The level of provision is in accordance with the Councils parking guidelines. Furthermore the site is located immediately adjacent to a very frequent public transport route and is also within walking distance of the Broomhill District Centre providing shopping facilities and services.

Cycle parking is provided within the basement parking providing secure storage. This should be conditioned, along with the layout of the cycle provision, owing to the current plans showing difficulties with limited space between the cycle stands and allowing access to the lift/stairs.

Layout and Design

Policy H15 ‘Design of New Housing Developments’ requires the design of a new housing development to: [a] provide easy access to homes and circulation around the site for people with disabilities or with prams; [b] provide adequate private gardens or communal open space; [c] provide uniform walls or fences around rear gardens next to roads, footpaths or other open areas.

Good design and the use of good quality materials is expected in all new developments. Policy BE5 indicates that the following principles will apply for physical design: (a) original architecture will be encouraged but new buildings should complement the scale, form and architectural style of surrounding buildings.

The provisions of Policies BE15 Areas and Buildings of special Architectural or Historic Interest and BE17 Design and Materials in Areas of Special Character or Historic Interest of the Sheffield Unitary Development Plan (UDP) echo and substantiate the advice contained within PPG15 and are therefore relevant in the assessment of the planning application.

Planning Policy Guidance 15, states that new buildings do not have to copy their older neighbours in detail. Some of the most interesting streets include a variety of building styles, materials and forms of construction, of many different periods, but together forming a harmonious group. A design that reflects and improves the site and its surroundings will help create a sense of character.

The provision of sub-terrain parking allows more thought to be given to provide attractive and user-friendly spaces. This frees up more space for the amenity areas, and gives a more spacious site, and allows good quality soft landscaping to be incorporated surrounding the footprint of the building. Furthermore it avoids large areas of hard standing surrounding the building, which currently scar the site.

The originally submitted application proposed 163 units in total on the site, comprising of refurbishment of the tower, erection of a new main block up to 6 storeys high, an annex block to the south of the tower and a number of townhouses to be located at the top of the site. Negotiations have led to a number of revisions, which are discussed below.

259 Annex A

An Annex block was proposed standing at 3/4 storeys high directly to the south of the tower. This building was considered to be harmful to the setting of the tower and far too close to its base and entrance. This view is very important, especially with the group of beech trees in the foreground, and the proposed relocation of the vehicular access to make room for the annex would harm these trees. Negotiations have lead to the annex being removed entirely from the scheme.

The Tower

The tower is a very prominent feature on the city skyline. It is has merit it is its simple form and slender south elevation rises cleanly out of the tree canopy. This is let down by its bulky east and west elevations and stark whiteness of the concrete. Re-cladding the tower in more muted colours would be beneficial.

The cladding will consist of primary glazing panels, enclosing a balcony/terraced area serving each unit. The glazing system will be fixed to the lower level of each floor, with a concertinaed upper window detail. Details and samples of the proposed cladding system are to be controlled through a relevant condition.

The original plans proposed to increase the height of the tower creating two additional floors. This was considered unacceptable, and the plans have been altered to be no higher than the existing plant room, creating a single extra floor which is set back.

The port cochere/entrance cantilever is a strong and important design element of the tower and is clearly visible in long and near views. The original plans proposed to infill this section, however amended plans have been received remodelling the entrance and retaining the form of the entrance.

A new metal frame is to be installed on three elevations of the tower, extending the building by 1.6 metres on the east and west elevations and 2.2 metres on the south elevation. The cladding system/metal structure was originally proposed to just three elevations, and excluded the north elevation, however negotiations have lead to this elevation also being re-clad. This was considered important owing to the north elevation clearly being visible from Broomhill.

Main Block

It is important that with the tower remaining and being re-clad, that it is not hemmed in, in both long and near view, with development nearby. The main block originally extended up to 6 storeys and climbed up the slope. This was considered to be problematic and likely to be visible from long views harming the setting of the tower, along with impacting adversely on the amenities of occupiers of neighbouring properties.

Furthermore the nearness of the main block, and the retaining walls to Fulwood Road, damaged the setting of the tower and adjoining properties.

260 The main block projected forward of the existing tower, and sat at odds with the buildings on Chesterwood Road.

Negotiations have lead to the footprint of the main block having been pulled back 5 metres from the boundary facing Chesterwood Road, it has been pulled back up to 8 metres from the Fulwood Road boundary to be brought in line with the Cedars (Located along Chesterwood Road), and substantially reduced in size facing Manchester Road. In turn this has resulted in an additional block, which joins the tower with the main block in the centre of the site.

The external cladding of the proposed main block consists of smooth sawn ashlar stone, aluminium windows/doors, sawn stone mullion details, timber frame work and split faced natural stone. An area of green wall is proposed facing Chesterwood Road, and green roofs are proposed on the majority of the main block.

The design and massing of the main block is consistent with the neighbouring residential developments along Chesterwood Road stepping up the site.

Townhouses

The townhouses originally were shown at four storeys, and were accessed from a private drive running along the north boundary of the site, which were positioned in three rows, and included no private garden space. These have been amended to show the townhouses sitting in a crescent, with public space and access road moved to the front of the townhouses, along with parking provision, and private gardens to the rear backing onto the high boundary wall to the north. The town houses closest to the two existing villas 111 and 113 Manchester Road have been reduced in height to show two storeys to the rear. The town houses have a mono- pitch roof, revealing an additional storey to the front, giving three storeys.

All of the town houses would have an integral garage providing space for 2 vehicles. Single drives are located in front of the garages. The design of the town houses steps down the site following the topography of the site, and have a taken a modern design approach. Good quality materials are proposed including Natural stone, sawn stone, timber decking, aluminium windows, doors and garage doors. Details and samples of the materials can be controlled through a relevant condition.

Layout

With respect to hard surfaced areas, there is a substantial reduction from the current situation on site which features surface car parking provision. With the introduction of the basement parking, there will be only one main area of hard standing, which is existing, and would provide 21 visitor parking spaces. A small pull in providing 4 visitors spaces is located close to the access with Manchester Road.

There is currently no public footpath provision through what was the original hotel site, and it is proposed that no public footpath is proposed through the

261 redevelopment of the site. There is an existing public footpath link between Fulwood Road and Manchester Road ‘Tapton Walk’ which is located close to the site. Furthermore, there is no clear external path through the site, partially owing to the level difference, and achieving adoptable highway standards.

Conclusion to design

The revised scheme put forward is a result of detailed negotiations to ensure that the built form and external appearance of the proposed development complements and enhances the Conservation Areas. It is considered that the scale, height and proposed materials of the proposed developments reflect that of the surrounding properties within the conservation areas, with a high quality of design and external appearance through out the scheme.

Furthermore, the design and materials of the proposed buildings are of considerably higher quality than the existing buildings to be demolished which do not contribute positively to the character of the Conservation Areas.

Amenities

Five townhouses back onto 111 and 113 Manchester Road, which are located at the top of the site. The rear elevations of the properties stand at two storeys in height with a mono-pitched roof system. The separation distance of 21 metres between facing windows is achieved at two storeys, and therefore it is considered that no adverse overlooking or overshadowing will be created by these occupiers. Private garden lengths are in excess of 10 metres providing adequate levels of amenities space associated with family housing.

The town houses along the western elevation are positioned approximately 14 metres away from the west boundary. This results in adequate private garden areas. On the other side of this boundary stand the flats within Fairfield Heights. It is understood that along this elevation closest to the boundary, which is approximately 5 metres away, are a number of kitchen windows. These are not considered to be the main primary windows within the flats and furthermore are inadequate distance away from their own boundary. A distance of 19 metres is achieved, which whilst falling short of the 21 metre guideline is considered acceptable, especially as the site of Fairfield Heights is slightly elevated.

The tower is positioned away from the boundaries and will not create any adverse levels of overlooking or overshadowing above what that is currently on site. Each apartment within the tower benefits from a terraced/decking area, which can be used year round, with the cladding system being moveable to keep out the elements in winter. This level of amenity space is consistent with other flat developments in Sheffield.

The main block has been pulled back 6 metres from the originally submitted scheme leaving a distance of 16 metres to the boundary with the two blocks of apartments along Chesterwood Road closest to the site. There are no windows in the end gables of the apartments on Chesterwood Road, with the windows in the front and rear being sufficient distance away from the proposed building.

262 Furthermore the windows are at an angle, and it is considered that they do not have a detrimental impact on occupiers of the proposed units or those occupiers of the units within the main block. Each apartment has an external space in the form of balconies.

Landscaping

Guidance regarding the protection of trees is contained with Policy GE15 -Trees and Woodland, which requires developers to retain mature trees, copses and hedgerows wherever possible.

Policy BE6 ‘Landscape Design’ seeks the requirements for good quality landscape design. The site falls in the Conservation Area and therefore the mature trees on the site are protected and are considered important local assets.

The remodelling of the main block has resulted in the retention of the important group of trees in the centre of the site, which, notwithstanding their individual condition, soften the character of the site/tower and integrate into the townscape/landscape.

The removal of the Annex building is such that this proposed building no longer impacts seriously on the large beech tree and line of trees along the frontage of the site facing Fulwood Road.

Towards the eastern edge of the boundary facing Fulwood Road, there is an area of dense tree cover, whilst some thinning of the trees would be welcomed to promote the longevity of the mature trees. Furthermore the pulling back of the main block away from these trees will reduce any future requests for pruning of felling.

Adequate protection also needs to be given to the retained trees during construction, which again can be controlled through a condition, along with a full landscaping scheme before any demolition/works are commenced.

Sedum roofs are proposed on the majority of the main block. This will help to retain and re-use water and release it slowly reducing peak surge demand on the drainage. Additional tree planting acts as a further buffer to the rainwater run-off, by absorption, and also provides solar shading, reducing solar gain.

A dense landscaping strip has been proposed along the eastern boundary facing Chesterwood Road. This will help to soften this part of the site which currently consists of the tarmac access road.

Details of a living wall indicated on the east elevation of the main block would also be required to be agreed by condition. This will help soften its appearance and enhance local biodiversity.

Overall, the proposal is considered to be acceptable in regards to its impacts upon trees and woodland and would therefore satisfy the requirements of UDP Policy GE15.

263 Affordable Housing

Policy H4 ‘Housing for people on low incomes’ of the Unitary Development Plan which was relevant when the application was submitted has been superseded by policy CS 40.

Policy CS40 requires developers of all new housing developments to be required to contribute to the provisions of affordable housing where this is practicable and financially viable. This is covered in more detail by the Affordable Housing - Interim Planning Guidance. (IPG)

The IPG states that a target level of 30 - 40% affordable housing will apply to developments of 15 or more units. In instances where the applicant does not offer to meet this target, the District Valuation Officer is asked to carry out a viability appraisal in order to establish what is thought to be an appropriate level of affordable housing contribution, taking account of an appropriate level of profit

The applicant has supplied a comprehensive development appraisal, which has been independently assessed by the District Valuers Office. The conclusion of this process is that it is not financially viable for the applicant to make any affordable housing contribution for the scheme.

For a scheme to be required to contribute to affordable housing, an acceptable level of developer’s profit of 15% is necessary. The appraisal in this instance shows the project generates a loss.

Whilst this is not ideal, it is reflective of these difficult economic times and is a situation that will not be unique to this application. It is therefore accepted that the scheme will provide no affordable housing contribution in this instance.

Mobility Housing

Policy H7 ‘Mobility Housing’ encourages the provision of a proportion of mobility housing, which is general purpose housing, suitable for easy adaptation to provide access for disabled people should they choose to live in the dwelling. This has successfully been achieved at a ratio of over 25% within the scheme. The design of the 1 bed and 2 bed apartments comply with the mobility housing criteria.

Open Space

Policy H16 requires that for new housing developments, developers will be required to ensure that there would be sufficient open space to meet the local needs of people living there. For sites over one hectare, a proportion of the site should be laid out as open space, except where the developer makes an appropriate contribution, if needed, to the improvement of existing recreation space in the catchment area of the site, or the provision of recreation space in the catchment area of the site would continue would continue to exceed the minimum guidelines after the development has taken place.

264 In this instance, the catchment areas for informal and formal space are well below the minimum guidelines required, and therefore a contribution is required. The financial contribution required is £111,935.25 that will be secured by a Planning Obligation under section 106 of the Town and Country Planning Act 1990.

Air Quality

The impact of the development on local air quality with respects to Nitrogen Dioxide and Fine Particles concentrations respectively, is small and not likely to be significant. The impact is unlikely to cause a breach of the National Air Quality Objectives or render unworkable any action on the Air Quality Action Plan.

SUMMARY AND RECOMMENDATION

The application seeks consent for the partial demolition, retention, extension & conversion of the tower, and erection of 2 x 4 storey blocks to create 121 no. 1, 2 & 3 bedroom units and 11 x 3 storey townhouses in grounds, with associated basement car parking,

The proposal is considered to be in keeping with the character of the area in design terms, and enhances and preserves the character of the Conservation Areas. The proposed scheme is considered acceptable in relation to impact on highway safety. The amenities of adjoining occupiers would be safeguarded by the proposal, along with future occupiers of the proposed developments.

Overall, the application is considered to satisfy the relevant national and local planning guidance, and this application is recommended for approval in this instance, subject to the applicant entering into a Planning Obligation under S106 of the Town and Country Planning Act to secure a financial contribution towards enhancement of local open space.

HEAD OF TERMS FOR LEGAL AGREEMENT

On or before the commencement of the development, the owner shall pay to the Council, the sum of £111,935.25 to be used towards the provision or enhancement of Open Space within the vicinity of the site.

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