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Sheffield City Council Place Report to City Centre South and East Planning and Highways Committee Date 06/02/2012 Report Of

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Sheffield City Council Place Report to City Centre South and East Planning and Highways Committee Date 06/02/2012 Report Of SHEFFIELD CITY COUNCIL PLACE 7 REPORT TO CITY CENTRE SOUTH AND EAST PLANNING DATE 06/02/2012 AND HIGHWAYS COMMITTEE REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS SUMMARY RECOMMENDATIONS SEE RECOMMENDATIONS HEREIN THE BACKGROUND PAPERS ARE IN THE FILES IN RESPECT OF THE PLANNING APPLICATIONS NUMBERED. FINANCIAL IMPLICATIONS N/A PARAGRAPHS CLEARED BY BACKGROUND PAPERS CONTACT POINT FOR ACCESS Lucy Bond TEL 0114 2734556 Chris Heeley NO: 0114 2736329 AREA(S) AFFECTED CATEGORY OF REPORT OPEN 2 Application No. Location Page No. 11/03964/CHU DQ Late Bar Fitzwilliam Street 6 Sheffield S1 4JP 11/03883/FUL 15 Northumberland Road Sheffield 16 S10 2TT 11/03857/FUL Site Of Meeting House Williamson Road 23 Sheffield S11 9AR 11/03657/FUL Carter Knowle Seventh Day Adventist Church Montrose Road 45 Sheffield S7 2EE 11/03316/FULR Site Of 135 Dore Road Sheffield 55 S17 3NF 11/02759/FUL 56 Savage Lane Sheffield 82 S17 3GW 11/02706/CHU 308-310 London Road Sheffield 93 S2 4NA 11/01980/FUL 10 Birkendale Sheffield 106 S6 3NJ 11/01967/FUL Land Between 5 And 21 Holmhirst Road 113 Sheffield 3 11/01623/FUL Mylnhurst Preparatory School And Nursery Button Hill 128 Sheffield S11 9HJ 11/00567/FUL 135 Dore Road Sheffield 145 S17 3NF 4 5 SHEFFIELD CITY COUNCIL Report Of The Head Of Planning To The SOUTH Planning And Highways Committee Date Of Meeting: 06/02/2012 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 Committee 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 11/03964/CHU Application Type Planning Application for Change of Use Proposal Temporary use of bar/restaurant as a nightclub (sui generis) for 3 years to open between 10:00 hours and 04:00 hours the following day on any day of the week Location DQ Late Bar Fitzwilliam Street Sheffield S1 4JP Date Received 14/12/2011 Team CITY CENTRE AND EAST Applicant/Agent G9 Design Recommendation Grant Conditionally Subject to: 1 The hereby approved use (nightclub) shall cease on or before 6 February 2014. In order to define the permission. 2 The unit shall only operate between 10:00 hours and 04:00 hours the following day on any day of the week. In the interests of the amenities of the locality and occupiers of adjoining property. 3 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 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 dBA 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. 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. 5 No movement, sorting, or removal of waste bottles, materials or other articles, nor movement of skips, shall be carried on outside the building within the site of the development between 2300 hours and 0700 hours Monday to Saturday and 2300 hours to 0900 hours on Sunday and Public Holidays. In the interests of the amenities of the locality and occupiers of adjoining property. 6 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. Attention is drawn to the following justifications: 1. The decision to grant permission and impose any conditions has been taken having regard to the relevant policies and proposals from the Sheffield Development Framework and the Unitary Development Plan set out below: The decision to grant permission and impose any conditions has been taken having regard to the relevant policies and proposals form the Sheffield Development Framework and the Unitary Development Plan set out below: 7 Policy IB7: Development in Business Areas (Unitary Development Plan). Policy IB9: Conditions on Development in Industry and Business Areas The City Centre Living Strategy. Interim Planning Guidance on Night Time Uses. Given the central location and nature of the approved use as a bar/restaurant the proposal will not place undue pressure on existing highway network. The venue provides good access for all users with facilities such as an internal lift and level access. Given that the approved use as a bar and/or restaurant could operate without restrictions on hours outside of the licence, which are currently 10:00 hours to 04:00 hours on any day, and that there would not be a significant increase in the venue’s capacity as a nightclub, it would be unreasonable to refuse the proposal for potential noise and disturbance caused to residents particularly, bearing in mind that the venue will be brought under control by the imposition of conditions to control its hours, which the current planning permission lacks. The Environmental Protection Service have been informed of the possible disturbance being caused by music breakout form the venue and are going to monitor the situation. They will then remedy any problem through licensing if needed This explanation is only intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report at www.sheffield.gov.uk/planningonline or by calling the planning officer, contact details are at the top of this notice. 8 Site Location © Crown copyright and database rights 2011 Ordnance Survey 10018816 9 LOCATION AND PROPOSAL This application relates to a two storey flat roofed building that fronts onto Fitzwilliam Street. The unit was granted planning permission to operate as a restaurant and public bar in July 2003 under planning reference 03/01006/FUL. This original approval did not impose any hours of opening on the venue. Over the course of time the venue appears to have become a nightclub operating over the two floors, with each floor able to operate separately from the other. The distinction between a bar and nightclub is drawn by varying factors, including the type of music based events that take place and the amount of dance floor and standing areas vs. seating areas. The applicant is now seeking planning permission to regularise this nightclub use for a temporary period of three years. It is proposed to open in accordance with the licensing hours which are 10:00 hours until 04:00 hours the following day on any day of the week. The venue would typically provide minimal seating at ground and first floor and have large dance floor/standing areas. Both floors provide separate bar areas and toilet facilities. The surrounding area has a mixture of uses, including some light industry and offices. Of most relevance to this application however is the large number of residential and student accommodation in the vicinity, which includes the Opal One student scheme set to the immediate rear of the application building. Other residential uses in the area include an eight storey apartment block set 21-metres to the south and a number of private and Housing Association properties set across Fitzwilliam Street to the northwest. The property is situated within a Business Area as defined in the adopted Sheffield Unitary Development Plan. RELEVANT PLANNING HISTORY Planning permission was granted for the use of a warehouse as a restaurant and public bar and erection of glazed free standing canopy in 2003 under planning reference 03/01006/FUL. SUMMARY OF REPRESENTATIONS There have been 12 letters of representation from local residents received in respect of this application. These letters object to the proposal for the following reasons: - People leaving the venue create noise and disturbance for existing residents through anti social behaviour, which includes singing and shouting, fighting, urinating and vomiting in the street and litter. - People standing outside the venue queuing or smoking create noise and disturbance to surrounding residents. 10 - Music breakout from the venue is a problem for residents. - Noise problems are more prominent for the Housing Association units across Fitzwilliam Street owing to these properties only having double glazing. - The proposal will lead to increased alcohol consumption, which places pressure on the emergency services. - The hours of opening proposed are far too late. - There are other late night venues in the area, including The Corporation Nightclub, that only serve to increase the problems. - Taxis beeping and waiting outside are a nuisance. A petition with fourteen signatures has also been sent in by local residents objecting to the proposal. This states that the sleep of residents is massively impacted by loud music, noise and anti social issues until very late at night. A letter of objection has been received from the management company for the student accommodation to the rear of the venue.
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